Terms of Use
These Terms of Use (“Terms”) are an agreement between you and Swift Pour Beverage Consulting, LLC (“Swift Pour,” “we,” “us”) for your use of PourSpec at pourspec.com (the “App”) and our website at swiftpourbev.com (together, the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services for a company, you confirm you are authorized to accept these Terms for it, and “you” includes that company.
Important: PourSpec is an ideation tool. It does not produce finished, safe, or legally compliant formulas. Every formulation must be reviewed and approved by a qualified food scientist or beverage formulation professional before it is made, tested on people, sold, or produced. See Section 3.
1. Eligibility and accounts
- You must be at least 18 years old and able to enter a binding contract.
- Give accurate information and keep it current. You are responsible for activity on your account and for keeping your sign-in secure.
- One person per account. Don’t share accounts or create multiple accounts to get around plan limits, including the free plan.
- Pilot access codes we give you are personal and may be withdrawn at any time.
2. Plans, free use, and payment
- Free plan. A free account can save one formulation. We may require phone verification before you save it. We may change what the free plan includes.
- Paid plans. Paid plans, when offered, are billed in advance on a recurring basis at the price shown when you subscribe, and renew automatically until you cancel. You can cancel at any time; cancellation takes effect at the end of the current billing period. Except where required by law, payments are non-refundable.
- Price changes. We will give you notice of a price change before it applies to your next renewal.
- Taxes. Prices do not include taxes, which you are responsible for where applicable.
3. PourSpec is for ideation, not finished formulas
PourSpec helps you sketch and compare beverage ideas. Its dose guidance, solubility and feasibility checks, ingredient information, flavor pairings, cost estimates, and market benchmarks are general reference information. They may be incomplete, out of date, or wrong for your ingredients, suppliers, process, or market. You understand and agree that:
- Output from PourSpec is not professional food science, regulatory, legal, medical, or nutritional advice, and is not a substitute for it.
- All formulations must be reviewed and approved by a qualified food scientist or beverage formulation professional before production, sale, or consumption.
- You are solely responsible for your products, including ingredient safety and legal status, dosing, allergens, stability, shelf life, labeling and claims, testing, and compliance with all laws and regulations that apply where you make or sell them (for example, FDA and state requirements).
- Cost estimates are approximate and depend on supplier, volume, and date; confirm actual prices with your suppliers.
- Brand names and product information shown for benchmarking belong to their owners and are shown for reference only. Their appearance does not mean those companies are affiliated with or endorse PourSpec, and the information may not reflect their current products.
4. Your content
You own the formulations and other content you enter (“Your Content”). You give us a limited license to host, store, process, and display Your Content only as needed to run the Services for you, back them up, and keep them secure. We keep Your Content confidential as described in our Privacy Policy. You are responsible for Your Content and confirm you have the right to use it.
5. Our property
The Services, including the software, design, ingredient and flavor databases, market data, rules, and the Swift Pour and PourSpec names and logos, are owned by Swift Pour or its licensors and protected by law. We give you a limited, personal, non-exclusive, non-transferable right to use the Services under these Terms. If you send us feedback or ideas, we may use them without obligation to you.
6. Acceptable use
You agree not to:
- Copy, scrape, harvest, or bulk-download the Services’ databases or content, or use bots or automated tools to access the Services;
- Reverse engineer, decompile, or try to extract source code, data, or rules from the Services, except where the law allows despite this limit;
- Resell, sublicense, or provide the Services to others, or use them to build a competing product;
- Get around plan limits, rate limits, verification, or security measures, or access another person’s account or data;
- Use the Services for anything unlawful, harmful, or misleading, or upload malicious code.
7. Suspension and termination
You may stop using the Services and ask us to delete your account at any time. We may suspend or end your access if you break these Terms, if we must for legal or security reasons, or if we stop offering the Services. Where reasonable, we will give you notice and a chance to export Your Content. Sections 3, 4 (ownership), 5, and 8–12 survive termination.
8. Disclaimer of warranties
The Services and all information in them are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted or error-free operation. We do not warrant that any formulation, dose, or estimate is safe, effective, legal, or suitable for any purpose.
9. Limitation of liability
To the fullest extent allowed by law, Swift Pour and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, product recalls, or business interruption, arising from or related to the Services or any product you make using them, even if advised of the possibility. Our total liability for any claim related to the Services is limited to the greater of the amount you paid us for the Services in the 12 months before the claim or $100.
Some places don’t allow certain limits on liability, so some of these limits may not apply to you.
10. Indemnity
You will defend and hold harmless Swift Pour and its owners, employees, and agents from claims, damages, and costs (including reasonable attorneys’ fees) arising from your products, Your Content, or your breach of these Terms or the law.
11. Governing law and disputes
These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law rules. Any dispute will be brought only in the state or federal courts located in St. Charles County or St. Louis County, Missouri, and you and we consent to their jurisdiction. Before filing a claim, each side agrees to try to resolve the dispute informally by contacting the other for at least 30 days.
12. General
- Changes. We may update these Terms. We will post the new version here with a new date, and for significant changes we will notify account holders before they take effect. Continuing to use the Services after that means you accept the updated Terms.
- Consulting. Consulting services are governed by a separate written agreement, which controls if it conflicts with these Terms.
- Entire agreement. These Terms and the Privacy Policy are the whole agreement about the Services. If any part is unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a sale or reorganization of the business.
13. Contact
Swift Pour Beverage Consulting, LLC
Missouri, USA
swiftpourbeverage@gmail.com