Policy
Member Terms of Service
Effective: 2026-09-22 · Last revised: 2026-10-07 · Governing law: State of Delaware, United States
1. Acceptance of these terms
These Member Terms of Service (the “Terms”) form a binding contract between you (the “Member”) and Reserve Leaf & Pour, LLC, a Delaware limited liability company (“Reserve Leaf & Pour”, “we”, “us”, or “our”).
By creating an account, subscribing to a paid tier, or otherwise using the Reserve Leaf & Pour platform (the “Platform”), you agree to be bound by these Terms, the Community Guidelines, whose sections 9-14 are binding rules incorporated by reference into these Terms, and the Platform Privacy Policy. The Platform Privacy Policy is likewise incorporated by reference.
If you do not agree, do not create an account.
2. Who can be a Member
To be a Member, you must:
- Be at least 21 years of age, verified via Token of Trust identity + age verification at signup.
- Reside in the United States (verified via IP geofence at signup; non-U.S. residents are not currently eligible).
- Have legal capacity to enter into a binding contract.
- Not be prohibited from using the Platform under any prior suspension or ban.
You are responsible for ensuring your continued eligibility. If your eligibility status changes (e.g., you relocate outside the U.S.), you must notify us at [email protected].
3. Your account
You agree to:
- Provide accurate, current, and complete information during signup and identity verification.
- Maintain the security of your password and account credentials.
- Notify us immediately of any unauthorized access to your account.
- Be responsible for all activity that occurs under your account.
Reserve Leaf & Pour is not liable for any loss or damage arising from your failure to safeguard your account credentials.
We may suspend or terminate your account for any of the reasons described in the Community Guidelines §10.
4. Subscription tiers and billing
4.1 Available tiers
| Tier | Monthly price | Annual price (15% off) |
|---|---|---|
| Free | $0 | n/a |
| Connoisseur | $9.00 | $89.00 |
| Cellar Club | $19.00 | $179.00 |
Subscription benefits per tier are described on the Platform’s pricing page and in BUSINESS_MODEL.md §7. Tier benefits may change with reasonable notice; material changes that reduce benefits will be announced at least 30 days in advance.
4.2 Billing
Paid-tier subscriptions are billed via Stripe (our payment processor and sub-processor). By subscribing, you authorize Reserve Leaf & Pour and Stripe to charge your payment method:
- Monthly on the recurring monthly billing date if you select monthly billing.
- Annually on the subscription anniversary if you select annual billing.
You can manage your subscription, payment method, and billing history via the Stripe Customer Portal accessible from Profile → Plan in the Platform.
4.3 Free trials and promotions
We may offer free trials or promotional discounts. Specific terms are presented at the time of offer. Unless otherwise stated, free trials auto-convert to paid subscriptions at the end of the trial period; you can cancel anytime before conversion.
4.4 Refunds
- Monthly subscriptions: non-refundable for the current billing period. Cancellation takes effect at the end of the current period.
- Annual subscriptions: pro-rated refunds available within the first 14 days of the subscription period. After 14 days, the annual subscription is non-refundable.
- Termination for breach of the Community Guidelines: auto-renew turns off immediately and you receive a pro-rated refund of your unused paid period, except when the ban is for §9.3 age-verification fraud or subscription/payment fraud, which carries no refund. A refund already issued is not clawed back if a later appeal is denied; if your appeal is overturned, your membership is restored. See §4.7 for the full billing-while-restricted picture, including temporary suspensions and security locks.
4.5 Tier downgrades and cancellation
- You may downgrade or cancel your subscription at any time via the Stripe Customer Portal.
- Cancellation takes effect at the end of the current billing period.
- On downgrade from Cellar Club → Connoisseur: your access to private venues is suspended (not removed) at the end of the current period. Re-upgrade restores access without re-approval.
- On downgrade to Free: paid-tier features become unavailable at the end of the current period; you retain access to public venues + your existing Activity history per the Free tier retention limit (30 days).
- For an in-app deletion request (see §11 for the full timeline; an email deletion request is handled by our team instead): deleting your account turns off auto-renew — usually immediately when you confirm. If that immediate attempt doesn’t go through, we keep retrying every 15 minutes while your request is open. If your request isn’t sent to review, your paid features end when your account is deleted, 7 days later, at which point we cancel your subscription outright; the rest of the paid period is not refunded, except as §4.4 provides. If we need to review your request — for example, an active legal hold or an open safety investigation — deletion waits until the review is done and we email you the outcome; auto-renew stays off for as long as the review lasts, and your subscription is cancelled outright when your account is actually deleted at the end of it.
4.6 Failed payments
If a payment fails, we will retry the payment per Stripe’s standard retry schedule. After 14 days of failed retries, your subscription is downgraded to the Free tier. Email and in-app notifications are sent at each retry.
4.7 Billing while your account is restricted
What happens to your subscription depends on why your account is restricted:
- Temporary suspension: billing pauses for the suspension period, and your current billing period is extended by the number of days you were suspended. You are not charged for time you couldn’t use the Platform, and you don’t lose paid time you already bought. You can still manage or cancel your subscription (a limited view: invoice history, payment method, cancel; no plan switch) from the restricted screen.
- Permanent ban: auto-renew turns off immediately, and you receive a pro-rated refund of your unused paid period, except when the ban is for §9.3 age-verification fraud or subscription/payment fraud, which carries no refund. If your subscription had already ended by the time an appeal of the ban succeeds, your membership is not automatically restored or re-charged; you’re returned to the Free tier and emailed a link to re-subscribe if you’d like to. If your subscription was still active when the appeal succeeds, it continues uninterrupted.
- Security lock: billing continues as normal: a security lock exists to protect your account from unauthorized access (someone may be holding your password), not to interrupt a subscription. Because of that, you cannot reach the billing portal from a security-locked session; reset your password first, which lifts the lock, and you can then manage your subscription as usual.
While restricted for a suspension or ban, you can always cancel your subscription online, request your data, or request account deletion from the restricted screen. A moderation restriction on your account is never a restriction on your right to leave or get your data, consistent with §11. A security lock does not offer in-app data export or account deletion (to prevent someone else who has your password from exporting your data or deleting your account); reset your password to restore full access.
5. The Platform and its features
The Platform’s features, including which concierge turns you receive, which venues you can join, which Members you can DM, and which content visibility defaults apply, depend on your subscription tier and on the venue contexts you are inside. Feature availability is described in the Community Guidelines, and changes may be made with reasonable notice.
We may modify, suspend, or discontinue any feature for any reason. Material changes that reduce subscription benefits will be announced at least 30 days in advance; immaterial changes (UI tweaks, feature improvements) take effect without notice.
6. Your content
6.1 Ownership
You retain all ownership rights in content you create on the Platform (posts, comments, reviews, ratings, DMs, photos uploaded by you, profile information, and similar — “Member Content”).
6.2 License to Reserve Leaf & Pour
By creating Member Content on the Platform, you grant Reserve Leaf & Pour a worldwide, non-exclusive, royalty-free, sublicensable license to:
- Host, store, reproduce, and display the Member Content as necessary to provide the Platform to you and other Members.
- Make derivative works (e.g., thumbnails, search-indexed excerpts, Year in Taste recap summaries — recap generation requires your annual affirmative consent per
Profile → Privacy). - Use the Member Content for the operation, improvement, and provision of the Platform, including for content moderation and AI-feature provision via our sub-processors.
The sublicense granted above is limited to our sub-processors and service providers acting on our behalf to operate, secure, moderate, and improve the Platform, and to other Members solely as described in Section 6.3. To the maximum extent permitted by law, you waive, and agree not to assert against Reserve Leaf & Pour or its sublicensees, any moral rights or rights of attribution or integrity in Member Content with respect to the uses licensed above.
This license terminates when you delete the Member Content, except:
- Backup copies may persist for up to 30 days after deletion.
- Aggregated, anonymized data derived from the Member Content (e.g., palate trend analytics) may persist indefinitely.
- Member Content used to train AI features will not be used after deletion, except as already-incorporated into models trained before deletion.
6.3 License to other Members
When you make Member Content visible to other Members (per the visibility setting you choose for each post), you grant those Members a license to view and interact with the content (like, comment, save) consistent with the Platform’s normal use.
6.4 Representations
By creating Member Content, you represent and warrant:
- You own the content or have all necessary rights to share it.
- The content does not infringe any third party’s rights.
- The content does not violate the Community Guidelines or applicable law.
6.5 Removal
We may remove Member Content that violates the Community Guidelines or applicable law. We may also remove content in response to valid DMCA takedown notices per the Community Guidelines §12. Removed content is hidden immediately — including from you — and is restored automatically if a successful appeal overturns the removal, unless another removal of the same content still stands; absent a successful appeal, it is permanently deleted once the appeal window closes, unless a legal hold or an open report applies.
7. Sub-processors
Reserve Leaf & Pour uses the following sub-processors to provide the Platform. Each is bound by data-processing terms that prohibit them from using your data for purposes beyond providing their service to us:
| Sub-processor | Purpose |
|---|---|
| Token of Trust | 21+ age + identity verification at signup |
| Anthropic | Concierge (Sterlon/Aurelle) — Claude Haiku model inference |
| Deepgram | Sterlon voice-input transcription (Nova-3); audio not persisted past transcription |
| Stripe | Subscription billing (Checkout, Tax, Customer Portal, Connect for venue payouts) |
| Better Stack | Observability — log aggregation + uptime monitoring; operational telemetry only, no Member content |
| Cloudflare | Turnstile bot-protection challenge at signup, password-reset request, and waitlist submission; the widget processes IP, request headers, and session cookies client-side, and the api forwards the user’s IP to Cloudflare’s siteverify endpoint server-side for token validation |
| Resend | Transactional and venue-broadcast email delivery (verification, password reset, change confirmations, TOT handoff, OAuth-only reminder, arbitration opt-out confirmation, re-confirmation and email-preference management, and venue promotional broadcasts) |
| OAuth identity provider (Sign in with Google); receives sub, email, and optional profile name on authentication | |
| Apple | OAuth identity provider (Sign in with Apple); optional Hide-My-Email relay processes outbound transactional email when user elects private-relay |
| Cloudinary | Image and video transformation + CDN delivery of member media. As of 2026-09-23, member images reach Cloudinary without passing a CSAM or content-moderation gate; video upload stays off, so no video reaches Cloudinary under this posture |
Better Stack stores operational telemetry in the EU by default; a US-region custom data location is planned as part of Better Stack’s Enterprise-tier residency upgrade. Full residency posture and transfer mechanisms for each sub-processor are described in the Platform Privacy Policy §4.
Additional sub-processors may be added with 30-day prior notice via email + in-app notification. The current sub-processor list is also published at reservelp.com/subprocessors (or equivalent surface).
8. AI features (the concierge — Sterlon or Aurelle)
The concierge is an AI assistant powered by Anthropic Claude, presented through two display options you pick at onboarding: Sterlon (masculine) or Aurelle (feminine). Same underlying AI, same recommendation logic, same ranking principle — only the avatar and display name change. You can swap your concierge display at any time via Profile → Overview → Preferences → Concierge persona. By using the concierge (in either display):
- You acknowledge that you are interacting with an AI system (not a human), as disclosed via the persistent AI-assistant label shown on every concierge surface, including when you begin a conversation.
- You acknowledge that the concierge’s recommendations are computer-generated and may be inaccurate, incomplete, or unsuitable. Use the concierge’s recommendations as guidance, not as authoritative advice.
- You agree that the concierge’s recommendations are based on signals such as taste similarity, recency, and member preference, and are not influenced by paid placement. Paid promotional content, when shown, appears in a separately-labeled module distinct from the concierge’s main recommendation flow.
The concierge’s processing of your data is described in the Platform Privacy Policy. A consolidated summary of every AI feature is published in our AI Feature Disclosure.
8.5 No-warranty for AI-generated outputs
Reserve Leaf & Pour’s AI features include concierge recommendations, taste-profile inference, palate-similarity matching, and (with your annual affirmative consent) Year in Taste narrative generation. Each is an automated output subject to the following framing:
- Concierge recommendations. AI-generated and may be inaccurate, incomplete, or out-of-date. Reserve Leaf & Pour makes no warranty as to the accuracy of any concierge-generated content. You are responsible for verifying any product information, pricing, or availability with venue staff before acting on a recommendation. The concierge is an advisor; the venue remains the authority on its own catalog, stock, hours, and staff. Concierge recommendations are computer-generated outputs authored by an automated system; they are informational guidance only, are not endorsements, and are not medical, health, or addiction advice. See also the hospitality disclaimer in Section 12.
- Taste-profile inference + palate-similarity matching. Statistical models trained on your logged consumption patterns. Inferences are probabilistic, not definitive. Members can opt out of automated decision-making at
Profile → Privacy → Automated decision-making (ADMT)per the Privacy Policy’s automated-decision-making provisions. - Year in Taste narrative generation. Generated only with your affirmative annual consent. Narrative content is automated; Reserve Leaf & Pour makes no warranty about the accuracy of narrative summaries. Each narrative recap is displayed with a visible “AI-generated” label when you view it and in any email delivery.
For all of the above, Reserve Leaf & Pour disclaims any liability for harm arising from your reliance on AI-generated outputs. You have the right under CCPA + emerging state privacy law to opt out of automated decision-making at Profile → Privacy → Automated decision-making (ADMT). Opting out disables concierge recommendations entirely (regardless of your chosen display); it has no effect on content moderation, because moderation does not currently run any automated decision-making for it to disable. Your content continues to follow the standard, human-reviewed moderation process described in the Community Guidelines §10.
9. Venue relationships
Reserve Leaf & Pour provides the Platform on which venues participate. Reserve Leaf & Pour is not the operator of any venue; venues are independently owned and operated. Your relationship with any particular venue (including the right to access a private venue, the venue’s policies, the venue’s products and services) is between you and the venue.
When you join a venue or are inside a venue workspace:
- Your venue-context Activity is processed by Reserve Leaf & Pour on behalf of the venue under the Venue DPA. Activity is your lifetime item/request journal at
/activity. Each Activity row has a polymorphic parent — it belongs to either a Visit (an in-venue session you opened by checking in at the venue) or an Appearance (a record of your attendance at a venue-hosted Event). Visit items, staff-requests logged during a Visit, venue-context posts, and ratings of the venue’s catalog are processed under the venue’s DPA; your/appearanceslog of Event attendance follows the same scope when the venue’s Event is the anchor. - The venue can see your Member profile, your Activity at the venue (Visit items and Appearances at the venue’s Events), and your venue-context posts, other than check-ins, which only you see, per their default visibility setting.
- Venues do not see your DMs, your Activity at other venues, your cross-venue Appearances at other venues’ Events, your platform-wide social
/feed, or your platform-wide profile data beyond what is necessary for venue-context operations. - Holds. At a participating venue that has turned holds on, you can ask the venue to set aside products from its catalog for in-person pickup (a Hold). The venue is the seller. It decides whether to accept each Hold, checks government ID at pickup, and rings up the sale on its own register. A Hold is a request to the venue, and Reserve Leaf & Pour takes no payment for it. Nothing is set aside until the venue accepts, stock is never guaranteed, and a Hold expires if you do not collect it in time. You can have up to 3 open Holds at one venue. Holds are available on the web app only.
- The venue sees your display name on Holds you place. Hold records are venue-scope Member Data that Reserve Leaf & Pour processes for the venue under its DPA.
The terms Activity, Visit, Appearance, and Event are defined as above; their data-model meanings and visibility scopes are described in NAMING.md §4.3, BUSINESS_MODEL.md §0.4, and ARCHITECTURE.md §5.
If you have a dispute with a venue, contact the venue directly. Reserve Leaf & Pour can facilitate communication but is not party to the dispute.
9.1 House rules
Where a venue is involved, the house’s own rules apply on top of these Terms, never instead of them. Staff decisions about service, seating, and conduct are final in their own house.
10. Prohibited use
You agree not to:
- Use the Platform in violation of the Community Guidelines.
- Use the Platform to sell, broker, ship, or arrange payment for tobacco or alcohol products between members, or in any way other than the venue features the Platform provides (venue Holds, and settlement of a tab at a venue where available). The Platform does not ship or deliver tobacco or alcohol (see BUSINESS_MODEL.md §0.1).
- Reverse engineer, decompile, or attempt to extract source code from the Platform.
- Use the Platform to develop a competing product or service.
- Scrape, harvest, or programmatically access Platform data without our prior written consent.
- Bypass or attempt to bypass age verification, geo-fencing, rate limits, or any other access control.
- Use a VPN, proxy, or other IP-masking technique to circumvent the U.S.-only geofence — to make it appear you are accessing the Platform from within the United States when you are not. This is a violation of these Terms whether or not our systems detect it at the time.
- Use the Platform in any manner that could damage, disable, overburden, or impair our infrastructure.
11. Termination
Either party may terminate your account at any time, including while your account is restricted (suspended, banned, or security-locked); see §4.7 for how a restriction affects reaching the tools to do so:
- You can terminate by canceling your subscription via the Customer Portal and requesting account deletion via
Profile → Privacy → Delete account, which also turns off auto-renew. - We can terminate for material breach of these Terms, the Community Guidelines, or applicable law per the Community Guidelines §10 enforcement actions.
On termination:
- Access to paid-tier features ends at the end of the current billing period (or immediately for a material breach of the Community Guidelines).
- If you delete your account via
Profile → Privacy → Delete account, it is deleted 7 days after your request (within 45 days if you request by email instead, or later if your request is under review) as described in the Platform Privacy Policy §5.2; request a copy of your data before you delete, because we can’t deliver an export after your account is deleted. If we terminate your account, you can still request a copy of your data from the restricted screen. - Whether you deleted your own account or we banned it, your posts and room posts are hidden from other Members at once. If you deleted your account, they are permanently erased 30 days after the deletion completes, unless a legal hold, an open report or a moderation appeal applies. While the account remains banned, your posts and room posts stay hidden and are not purged; if we later delete the account, the 30-day purge above applies. You can also separately delete an individual post or room post at any time, which is permanently erased 30 days after you delete it, unless a legal hold, an open report or a moderation appeal applies (see the Platform Privacy Policy §5.2 and §6).
- Sub-processor deletion cascades execute per the Platform Privacy Policy.
- Backup copies of your data may persist for up to 30 days post-deletion for operational and audit purposes.
Termination does not auto-generate a Year in Taste recap. The annual narrative is opt-in only and requires your separate affirmative consent each year per Profile → Privacy → Year in Taste recap consent (see Section 8.5 and Section 6.2). If you terminate before recording that consent for the current year, no recap is generated; if you previously consented and a recap exists, it is treated like any other Member Content and deleted on the same account-deletion timeline described above.
Sections that by their nature should survive termination — including content license survival (§6.2), disclaimers (§12), limitation of liability (§13), indemnification (§14), dispute resolution and arbitration (§15), and governing law (§16) — survive termination.
12. Disclaimers and warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. RESERVE LEAF & POUR DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Hospitality, not supervision. Good houses look after their guests, and the Platform is built in that spirit. But Reserve Leaf & Pour is a guest book and a concierge, not a chaperone. It does not serve, supervise, or police any Member’s drinking or smoking; the Activity journal records what you choose to log and passes no judgment on it; and nothing the concierge says is a judgment about what or how much is right for you. If you want help with tobacco or alcohol, talk to a professional; the Platform will never stand in for one. RESERVE LEAF & POUR DOES NOT SERVE, SUPERVISE, OR POLICE ANY MEMBER’S CONSUMPTION OF TOBACCO OR ALCOHOL AND MAKES NO REPRESENTATION ABOUT WHAT OR HOW MUCH IS APPROPRIATE FOR ANY MEMBER.
RESERVE LEAF & POUR IS NOT RESPONSIBLE FOR THE CONTENT POSTED BY OTHER MEMBERS, FOR THE PRODUCTS AND SERVICES OFFERED BY VENUES, OR FOR ANY INTERACTIONS BETWEEN MEMBERS OR BETWEEN MEMBERS AND VENUES.
THE CONCIERGE’S RECOMMENDATIONS (WHETHER PRESENTED AS STERLON OR AURELLE) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT PROFESSIONAL ADVICE.
13. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, RESERVE LEAF & POUR’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RESERVE LEAF & POUR IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) $100.
RESERVE LEAF & POUR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow limitation of liability for certain damages; in such jurisdictions, these limitations apply only to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify and hold Reserve Leaf & Pour (and its officers, directors, employees, and agents) harmless from any claim, demand, loss, or damage (including reasonable attorneys’ fees) arising out of or relating to:
- Your breach of these Terms or the Community Guidelines.
- Your Member Content.
- Your interactions with other Members or venues.
- Your violation of applicable law.
Reserve Leaf & Pour will provide you prompt notice of any claim subject to this Section and may, at its option, assume the exclusive defense and control of any such claim, in which case you agree to cooperate reasonably. You will not settle any claim in a manner that imposes any obligation on, or affects the rights of, Reserve Leaf & Pour without our prior written consent. If Reserve Leaf & Pour assumes the defense, it will not settle any claim in a way that imposes a non-monetary obligation, an admission of fault, or an unreimbursed payment on you without your consent. This Section does not require you to indemnify Reserve Leaf & Pour for liability arising from Reserve Leaf & Pour’s own negligence, willful misconduct, or violation of law, and applies only to the extent permitted by applicable consumer-protection law.
15. Dispute resolution
15.1 Informal resolution
Before initiating formal proceedings, you agree to contact us at [email protected] to attempt informal resolution. We will respond within 30 days.
15.2 Arbitration
If informal resolution fails, any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this Section. If AAA is unavailable or declines to administer, the parties will substitute JAMS under its comparable consumer rules.
(a) Delegation. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement — except that the enforceability of the class-action waiver in subsection (b) is for a court to decide. Disputes about the administration of the coordinated/mass-arbitration protocol in subsection (c) — including whether the 25-demand threshold, coordination, similarity, or batching applies — are decided by the AAA (or JAMS) administrator, or by a single process arbitrator the administrator appoints for that purpose, before merits arbitrators are appointed.
(b) Class-action waiver. You and Reserve Leaf & Pour agree to resolve disputes only on an individual basis; class actions, class arbitrations, and private attorney-general or other representative actions are not permitted, except as provided in subsection (d).
(c) Coordinated / mass arbitration. If 25 or more arbitration demands raising similar claims are filed by or with the coordination of the same or coordinated counsel within a 60-day period, the demands will be administered as a single coordinated proceeding in batches of up to 50: an initial bellwether batch will be selected and arbitrated to award, after which the parties will mediate the remaining demands in light of those outcomes. No per-case initiation fees beyond the bellwether batch accrue until the bellwether process concludes, and the AAA Mass Arbitration fee schedule governs all filing fees. All applicable limitations periods are tolled for each demand from the date it is submitted until it is resolved or released from this protocol. If your individual demand has neither been selected for a bellwether batch nor resolved through mediation within 12 months of submission, you may elect to proceed with it individually in arbitration immediately, or to litigate it in the courts identified in Section 16. If the protocol does not resolve the remaining demands, either party may likewise elect to litigate the unresolved demands in those courts.
(d) Public injunctive relief. Nothing in this Section waives any non-waivable right to seek public injunctive relief. A claim for public injunctive relief is severed and stayed pending the individual arbitration of all other claims, and is then litigated in the courts identified in Section 16. This subsection is non-severable from the class-action waiver in subsection (b) solely as applied to a claim for public injunctive relief: if subsection (d) is held unenforceable, only that public-injunctive-relief claim proceeds in court, and only to the minimum extent required by the McGill rule or other non-waivable law. All individual damages claims remain in arbitration, and the class-action waiver otherwise remains in full force.
(e) Fees and costs. For any arbitration you initiate, you will pay no more than $250 in arbitration fees; Reserve Leaf & Pour will pay all remaining arbitrator and administrative fees. Reserve Leaf & Pour will pay all invoices from the arbitration provider within the time required by the provider’s rules and applicable law, and in all events, where California law applies, within 30 calendar days of the due date, consistent with Cal. Code Civ. Proc. §§ 1281.97–1281.98.
(f) Hearing location. Arbitration will be conducted by telephone or video, by written submission, or — at your election — in person in the AAA locale nearest your residence.
(g) Equitable relief for intellectual property. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for protection of intellectual property rights without waiving arbitration of any other claim.
(h) Severability. If any portion of this Section other than the class-action waiver is held invalid, that portion is severed and the remainder enforced. If the class-action waiver is held invalid as to any claim seeking class or representative relief, that claim proceeds in court and all other claims remain in arbitration.
15.3 Exceptions
Small-claims court actions for amounts within the small-claims court’s jurisdictional limit are permitted as an alternative to arbitration.
15.4 30-day opt-out
You have 30 days from your acceptance of these Terms to opt out of the arbitration clause in Section 15.2 (including the class-action waiver). Opt out or visit Profile → Privacy → Arbitration opt-out. If you cannot access Settings, you may opt out within the same 30-day window by emailing [email protected] with your account email and a statement that you opt out of Section 15.2; we will send a dated confirmation and retain your election by Terms version. Opting out does not affect any other provision of these Terms. The election is permanent and irrevocable: if you opt out within the window, Section 15.2 does not apply to you and disputes proceed in the courts identified in Section 16; if you do not opt out before the window closes, Section 15.2 applies for the duration of your account.
If a material revision to these Terms touches Section 15 (the dispute-resolution clause), a fresh 30-day opt-out window opens on the revised Terms’ effective date. The notification you receive under Section 17 will identify the revision as Section-15-touching and link you back to the opt-out form. Prior opt-out elections persist; the new window is independent and is keyed to the new Terms version.
16. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except that nothing in these Terms deprives you of the protection of any non-waivable provision of the law of the state in which you reside. The federal and state courts located in Wilmington, Delaware have exclusive jurisdiction over any claim not subject to arbitration.
17. Changes to these Terms
We may revise these Terms. Material revisions will be announced via in-app notification + email at least 30 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
Non-material revisions (clarifications, formatting, typo fixes) take effect immediately with notice in the revision history below.
18. Miscellaneous
- Entire agreement. These Terms (with the Community Guidelines, Platform Privacy Policy, and any applicable Venue DPA via your venue memberships) constitute the entire agreement between you and Reserve Leaf & Pour regarding the Platform.
- No waiver. Failure to enforce any provision is not a waiver of that provision.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No third-party beneficiaries. Except as expressly stated, these Terms do not create third-party beneficiary rights.
- Electronic agreement. You agree these Terms are entered into electronically and that your affirmative acceptance at signup, and at paid-tier conversion, constitutes a valid electronic signature under the federal E-SIGN Act and the Uniform Electronic Transactions Act (UETA). We record the Terms version you accepted, your acceptance timestamp, and your Section 15.2 arbitration opt-out election, by account.
- Notices. Notices to you may be sent via email to the address associated with your account. Notices to us must be sent to
[email protected].
19. Contact
- General inquiries:
[email protected] - Legal:
[email protected] - Privacy:
[email protected] - DMCA: registered agent per Copyright Office DMCA Directory
20. Revision history
| Date | Version | Changes |
|---|---|---|
| 2026-05-17 | draft v1 | Initial draft; pre-launch counsel review pending |
| 2026-06-06 | draft v2 | Pre-MVP PR B cascade. §7 sub-processor table regen byte-for-byte against packages/legal/src/subprocessors.json (Resend + Hive + Better Stack accuracy pass; Better Stack residency footnoted). §9 Activity/Visit/Appearance/Event vocab tightened to mirror NAMING.md §4.3. §11 Year in Taste opt-in posture explicit. §15.4 new 30-day arbitration opt-out (per ROADMAP N38). |
| 2026-06-12 | draft v2 | WS2 slice 5. §7 Resend purpose extended to cover the re-confirm campaign + email-preference management (WS2 Q1 transactional/relationship classification); §7 Cloudflare purpose re-synced byte-for-byte to subprocessors.json (drift correction — the table is regenerated from the JSON source of record). |
| 2026-06-18 | draft v3 | Legal-hardening round 2. §6.2 sublicense scoped + moral-rights waiver. §8 bot disclosure “tooltip” → persistent label (matches the shipped apps/web persistent banner, visible from the first turn); AI Feature Disclosure cross-link. §8.5 concierge first-party-speech + not-medical-advice framing; narrative AI-generated labeling at consumption; ADMT cross-ref de-brittled; Hive auto-action-suppression corrected to “forthcoming” (resolves ToS-vs-Privacy contradiction). §11 surviving sections enumerated. §14 indemnity defense-control inversion fixed + consumer-law savings. §15.2 modern consumer-arbitration rebuild (delegation, JAMS fallback, mass-arb batching, McGill carve-out, fee cap, telephonic/home-locale hearing, severability); §15.4 email opt-out fallback. §16 home-state non-waivable-rights savings. §18 E-SIGN/UETA clickwrap. (Model-version “Haiku” drift in §7 deferred to the subprocessors.json source — generated table.) |
| 2026-07-10 | draft v4 | B2.7 Cloudinary sub-processor disclosure. §7 gains the Cloudinary row (image/video transformation + CDN delivery of moderation-cleared member media — receives only bytes that passed the CSAM + content-moderation gates per BUSINESS_MODEL.md §0.11; never unscanned uploads); §7 Resend purpose re-synced byte-for-byte to subprocessors.json (drift correction — the PR1B venue-broadcast extension had not been propagated to this generated table). §7 Hive purpose extended to the counsel-cleared video scope — video visual + audio moderation + CSAM detection, covering member media (Hive video scope cleared 2026-07-01 per the ADR-021 PR-G amendment; the disclosure had lagged the cleared scope). Companion rows added to Privacy Policy §4 + DPA_VENUE_TEMPLATE.md §5.1. Cloudinary operates under its standard data-processing terms (defaults); bespoke enterprise DPA execution is a tracked pre-launch counsel item. Pre-launch — no member notice triggered. |
| 2026-09-16 | draft v5 | House contract retired (ROADMAP A14 GO reversed 2026-09-15; the standalone clickwrap duplicated §2, §6.3, §9, §10). Its one non-duplicative wording moved here: new §9.1 house rules apply on top of these Terms; §12 gains the “Hospitality, not supervision” duty-of-care disclaimer (platform does not serve, supervise, or police consumption; Activity records what you log without judging it; concierge output is not a judgment about you); §8.5 cross-references §12; §11 survival list gains §12. Plain-language mirror in docs/legal/COMMUNITY_GUIDELINES.md. Counsel-pending. Pre-launch, no member notice triggered. |
| 2026-09-22 | v6 | published; brand renamed to Reserve Leaf & Pour; addresses moved to reservelp.com |
| 2026-09-22 | v7 | Acceptable Use Policy retired; its content (eligibility, prohibited content and behaviour, enforcement actions, appeals, venue-level enforcement, DMCA) folded into COMMUNITY_GUIDELINES.md §9-14, which §1 now incorporates by reference in its place. §§3, 4, 6, 8, 10, 11, 14 and 18 cross-references re-pointed from /acceptable-use and /moderation to the Community Guidelines sections. No change to any obligation; TOS_VERSION unchanged (pre-launch, no member acceptances recorded). Counsel note: §1 scopes the incorporation by reference to Community Guidelines §§9-14 only — the consumer-voice sections §§1-8 and §§15-20 are explanatory and are not incorporated as contract terms. |
| 2026-09-23 | v9 | §7 sub-processor table: removed the Hive row (no Hive capability is under a confirmed contract or in production use); Cloudinary row clarified — member images reach Cloudinary without an automated CSAM or content-moderation scan, and video upload stays off. §8.5 no longer describes automated moderation classifications or automated-moderation opt-out suppression, since moderation is currently a human-reviewed process, not an automated one. Pre-launch — no member notice triggered. |
| 2026-09-24 | v10 | §9: the venue can see your venue-context posts, other than check-ins, which only you see, regardless of the post’s own visibility setting (BUSINESS_MODEL.md §0.12). More protective; no new data use; pre-launch, no member notice triggered. |
| 2026-09-24 | v11 | Lock + appeal redesign. §4.4 third bullet replaced with the prorated-refund rule and its fraud exception, cross-referencing new §4.7. New §4.7 “Billing while your account is restricted” covers suspension pause-and-extend, ban auto-renew-off + prorated refund + restore-on-overturn, and security-lock billing-continues + portal-blocked-until-reset. §11 notes termination stays reachable while restricted. Member-favorable (a strictly better refund/pause posture than the prior “no refund past the breach date” rule); resolved as not requiring the §17 material-revisions notice campaign; Christian may override this default. |
| 2026-09-25 | v12 | §10: added an explicit example under the existing prohibition on bypassing geo-fencing: using a VPN or proxy to appear to be in the U.S. is a breach. Pre-launch — no member notice triggered. |
| 2026-09-28 | v13 | Member self-service account deletion. §4.5 gains a bullet: deleting your account turns off auto-renew immediately, and the rest of the paid period is not refunded except as §4.4 provides. §4.7: a security lock also blocks in-app account deletion, not just export. §11: deletion request now also turns off auto-renew, and the “soft-deleted, 30 days to export” line is replaced with the real 7-day deletion timeline and a request-your-export-first reminder, cross-referencing Platform Privacy Policy §5.2. §19: [email protected] replaced with [email protected]. Audit correction (same day): §11’s 7-day figure is now scoped to an in-app request (45 days by email, later under review); the stale “soft-delete + 30-day-export window above” reference in the Year in Taste paragraph is replaced with a plain reference to the account-deletion timeline. Pre-launch — no member notice triggered. |
| 2026-09-29 | v14 | §4.5 correction: scoped the deletion/auto-renew bullet to an in-app request (an email request is handled by our team, not this automated flow) and reworded “turns off auto-renew as soon as you confirm” — only true when the immediate Stripe attempt succeeds — to disclose the automatic 15-minute retry that covers a failed immediate attempt. Pre-launch — no member notice triggered. |
| 2026-09-29 | v15 | Remediation round 5 (audit-opus-B4 SHOULD-FIX 5): §4.5’s auto-renew-retry clause said “we retry automatically within 15 minutes”, true only if Stripe recovered by the very next tick — the sweep actually re-drives every still-open in-app row on a fixed 15-minute cadence for as long as it takes. Reworded to “we keep retrying every 15 minutes until it goes through.” No other fact changed. Pre-launch — no member notice triggered. |
| 2026-09-29 | v16 | Remediation round 6 (D-39, audit-opus-B5 “Sentences not fully TRUE”): §4.5’s “we keep retrying every 15 minutes until it goes through” overclaimed an unbounded retry — the sweep (account-deletion-executor.ts:681-701) stops re-driving a row the moment its deletion request is no longer open (deferred to review, withdrawn, or executed). Reworded to “we keep retrying every 15 minutes while your request is open.” Also made explicit that the account’s deletion, 7 days later, is what cancels the subscription outright (previously only stated that paid features “end”). No other fact changed. Pre-launch — no member notice triggered. |
| 2026-09-29 | v17 | Remediation round 7 (D-53, audit-opus-B6 SHOULD-FIX 8): §4.5’s “Your paid features end when your account is deleted, 7 days later” was stated as an unconditional fact, false for a request under review (legal hold, security lock, sole-owner block) — the panel itself tells that member “Our team is reviewing your request,” not a 7-day countdown. Scoped “7 days later” to a request that isn’t sent to review, and added the same wait-for-review / we-email-the-outcome sentence §11 and Platform Privacy Policy §5.2 already state, so all three read the same fact the same way. No other fact changed. Pre-launch — no member notice triggered. |
| 2026-10-02 | v18 | Content-visibility lane (CV-9/CV-11/CV-15). §11 gains a bullet distinguishing a deleted account’s posts/room posts (hidden from other Members at once; permanently erased 30 days after the deletion completes, unless a legal hold or an open moderation appeal applies — CV-15, locked 2026-10-02) from a banned account’s (hidden at once, not purged on a fixed clock); also states that a member’s own separate post/room-post delete action erases it 30 days after you delete it, unless a legal hold applies. “Posts and comments” -> “posts and room posts” throughout the sections touched here (no member-authored comment feature ships). Counsel-pending (see inline markers). Pre-launch — no member notice triggered. |
| 2026-10-02 | v19 | Remediation round 2 (audit-opus-C M3/CV-16, Christian to confirm). §11’s deleted-account and self-delete bullets, and §6.5’s removal bullet, widen the exception list to “a legal hold, an open report or a moderation appeal,” matching the purge job’s real hold set on all six phases — the prior wording omitted the open-report case the code already honors. §6.5 also adds “unless another removal of the same content still stands” to the restored-on-appeal clause. Counsel-pending (see inline markers). Pre-launch — no member notice triggered. |
| 2026-10-02 | v20 | Remediation round 4 (audit-opus-D SHOULD 2). §11’s banned-account bullet reworded from “they stay hidden but are not purged on a fixed clock” to “while the account remains banned, your posts and room posts stay hidden and are not purged; if we later delete the account, the 30-day purge above applies” — closes the gap where an operator hard-delete of a banned member silently started the 30-day clock with no disclosure. No other fact changed. Counsel-pending (see inline markers). Pre-launch — no member notice triggered. |
| 2026-10-07 | v21 | Navigation path renamed Settings → Profile (member privacy controls now live at Profile → Privacy → …; sub-item names match the shipped row labels; Billing is now Profile → Plan and the concierge persona picker is Profile → Overview → Preferences); no substantive change; counsel review pending. Naming sweep: the annual recap (and its Privacy → Year in Taste recap consent row) is now named “Year in Taste” everywhere, replacing Year-in-Drinks/Smokes; name change only, counsel review pending. |
| 2026-10-07 | v22 | Venue Holds for in-person pickup (§0.1 holds amendment). §9 gains a Holds bullet: a member can ask a participating venue to set aside catalog products for in-person pickup; the venue is the seller, decides whether to accept, checks ID and rings up the sale itself; Reserve Leaf & Pour takes no payment; stock is never guaranteed; a Hold expires if not collected; up to 3 open Holds per venue; web app only. Hold records are venue-scope Member Data processed under the venue DPA; the §10 prohibition on brokering sales between members now carves out venue Holds; counsel review pending. |
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