Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Sampull platform, including our websites, mobile applications, and related services (collectively, the "Service"), operated by Sampull ("Sampull," "we," "us," or "our"). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Sampull Marketplace

Sampull is a marketplace that connects beverage brands ("Brands") with retail locations ("Retailers") to host in-store product sampling events, and with individuals who staff those events ("Samplers"). Sampull provides the platform that facilitates scheduling, coordination, and payment. Sampull is not a party to the sampling events themselves and does not employ Samplers except where expressly stated in a separate written agreement.

2. Eligibility

You must be at least 21 years of age to create an account or use the Service. By using the Service you represent and warrant that you meet this age requirement and that all registration information you submit is accurate. Where you use the Service on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms.

3. Accounts and Roles

Each Sampull account is associated with a single role — Brand, Retailer, or Sampler. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe present a risk to the Service or its users.

4. Alcohol and Regulatory Compliance

Sampling events may involve alcoholic beverages. All participants are solely responsible for complying with applicable federal, state, and local laws and regulations, including licensing, permitting, age-verification, and responsible service requirements. Retailers are responsible for ensuring that any sampling conducted at their locations is lawful and properly licensed. Samplers are responsible for verifying the age of recipients and for refusing service where required by law. Brands are responsible for the lawful labeling, handling, and representation of their products.

5. Brand Obligations

Brands are responsible for the accuracy of product information, sampling requests, and any materials provided to Samplers. When a Retailer approves a sampling request, the Brand authorizes Sampull to charge the associated amount in accordance with Section 8. Brands agree not to request activity that is unlawful, misleading, or that violates any third party's rights.

6. Retailer Obligations

Retailers are responsible for the accuracy of their location information and availability, for approving or declining sampling requests, and for hosting approved samplings in a lawful and safe manner. Retailers agree to honor confirmed samplings and to communicate scheduling changes through the Service.

7. Sampler Obligations

Samplers are responsible for arriving on time, representing Brands professionally, following applicable laws and Brand guidelines, and accurately recording their activity through the Service. Samplers agree to provide services in a competent and lawful manner and to refuse any activity that would violate these Terms or applicable law.

8. Payments, Escrow, and Payouts

Payment processing is provided by Stripe and is subject to the Stripe Connected Account Agreement and Stripe's applicable terms. By using the Service you agree to those terms.

When a Retailer approves a Brand's sampling request, Sampull charges the Brand's payment method for the maximum payable amount and holds those funds until the sampling is completed and validated. Upon completion, Sampull releases payment to the Sampler, less any applicable platform fees. If a sampling is cancelled or not completed in accordance with these Terms, funds may be released, refunded, or adjusted as described in the Service or in our then-current policies. You authorize Sampull and its payment processors to initiate the charges, holds, transfers, and refunds necessary to provide the Service.

Platform fees, if any, will be disclosed within the Service. Except as required by law or expressly stated otherwise, payments are non-refundable once a sampling has been completed and validated.

9. Cancellations and Changes

Cancellation and rescheduling are handled through the Service and are subject to the timing rules and statuses presented at the time of the request. Repeated cancellations, no-shows, or other conduct that undermines the reliability of the marketplace may result in restrictions on your account.

10. Prohibited Conduct

You agree not to: (a) use the Service for any unlawful purpose; (b) circumvent Sampull's payment system or solicit off-platform transactions arranged through the Service; (c) misrepresent your identity, licensing, or eligibility; (d) harass, defraud, or harm other users; (e) interfere with or disrupt the Service; or (f) attempt to gain unauthorized access to any part of the Service.

11. Content and Feedback

You retain ownership of content you submit to the Service, and you grant Sampull a non-exclusive, worldwide, royalty-free license to use, host, and display that content as necessary to operate and improve the Service. You are responsible for ensuring you have the rights to any content you submit. Any feedback you provide may be used by Sampull without restriction or obligation to you.

12. Intellectual Property

The Service, including its software, design, and trademarks, is owned by Sampull and its licensors and is protected by intellectual property laws. Except for the rights expressly granted to you in these Terms, no rights are transferred to you.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SAMPULL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR THE OUTCOME OF ANY SAMPLING EVENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAMPULL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. SAMPULL'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO SAMPULL IN THE THREE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

15. Indemnification

You agree to indemnify and hold harmless Sampull and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

16. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time for conduct that violates these Terms or that we reasonably believe is harmful to other users, third parties, or Sampull. Provisions that by their nature should survive termination will survive.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles, except where preempted by applicable federal law. The exclusive venue for any dispute not subject to arbitration will be the state and federal courts located in Denver, Colorado.

19. Contact

Questions about these Terms may be sent to legal@sampull.com.