IMPORTANT: THIS AGREEMENT INCLUDES A MANDATORY INFORMAL DISPUTE PROCESS PRIOR TO BRINGING ANY FORMAL CLAIM AND A CLASS ACTION WAIVER THAT REQUIRES FOR ANY CLAIM TO BE BROUGHT IN YOUR INDIVIDUALS CAPACITY AND NOT AS A CLASS OR AS A REPRESENTATIVE FOR OTHERS. SEE SECTION 13, BELOW.
You must be 18 years of age or older to subscribe to the Subscription.
2. Electronic Form. By accessing the Subscription, You consent to receiving this Agreement and communications related to Your Subscription in electronic form, including without limitation, through email, or notices and messages through the Subscription services or Bevi machine. It is your responsibility to retain copies of these communications for Your records. If You received a notice through the Bevi machine, then You may contact Bevi for a copy of the notice. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
3. Agreement Updates. Bevi reserves the right to update, modify, suspend or terminate this Agreement or the Subscription benefits at any time. Depending on the nature of the change or update, Bevi may provide notice by posting the new Agreement on https://billing.stripe.com/p/login/fZeaFccBd5DMfcIfYY with a new depicted effective date or it may inform you through the Bevi machine upon use. All such changes in the Agreement shall be effective from the effective date set when posted. You waive any right You may have to receive specific notice of such updates, changes, or modifications.
4. Your Subscription Information. You may only purchase a Subscription for yourself. You may not purchase a Subscription on behalf of someone else. By signing up for the Subscription, You agree to (a) provide accurate and complete information about Yourself (b) maintain and properly update Your account information to Bevi, on the Payment Platform and on any authorization platform related to your login information. If You provide information that is untrue, inaccurate, not current, or incomplete, then We have the right to suspend or terminate Your Subscription and refuse any and all current or future use of the Subscription.
5. Subscription Use Violation. If We have reasonable grounds to suspect that You have, or You will violate this Agreement, as determined in Our sole discretion, then We have the right to suspend or terminate Your Subscription and refuse any and all current or future use of the Subscription.
6. Bevi Machine Use Violation. You shall not damage, destroy, move, alter, deface, reverse engineer, open, modify, or reverse compile any Bevi machine.
7. Subscription Redemption and Participating Bevi machines. Registration and redemption of a Subscription are only available in select Bevi machines. Some Bevi machines may not participate in the Subscription program. Your access to a Bevi Machine, regardless of the Bevi machine’s program enrollment is determined by the host location of the Bevi machine, and Your access may be denied based on the determination of the host location. By purchasing a Subscription, you acknowledge that you may not be allowed access to all Bevi machines, particularly those in private areas. There is a limit of one Subscription per person and a Subscription cannot be shared or be used for commercial purposes. Without limitation of the foregoing, We reserve the right to reject any Subscription registration in Our sole discretion. We may suspend or terminate any Subscription, which in Our sole opinion, abuses the terms of this Agreement.
8. Subscription Benefits. The Subscription is a monthly subscription and automatically renews each month. The Subscription price is a monthly fee as stated on Link By Stripe, Inc., the Payment Platform (“Payment Platform”), upon signing up for Your Subscription, plus any applicable taxes (“Subscription Fee”). The price of the Subscription Fee may only be available for a limited time. Bevi reserves the right to increase the cost of the Subscription Fee or to change the Subscription benefits. The current Subscription provides subscribers with the benefits i) of an unlimited number of dispenses from participating Bevi machines and ii) to unlock all available dispense options available in a participating Bevi Machine.
9. Charges for Subscription. Bevi does not directly collect Your payment, and Bevi does not collect Your payment information. Bevi uses the Payment Platform to collect payments. Your registration of a Subscription subjects You to the Payment Platform’s terms and conditions. By enrolling in the Subscription, You authorize the Payment Platform to charge Your payment method for the then current Subscription Fee, regardless of Your use of Subscription benefits. You will be charged for the Subscription Fee until cancelled by You as described in this Agreement. Non-use of Your Subscription benefits will not obligate Bevi to provide You with any form of refund. Bevi reserves the right to correct any errors that have been made relating to collection of Your payment. You remain responsible for any uncollected amounts otherwise owed. If a payment is not successfully settled, We may suspend Your access to the Subscription until We receive payment.
10. Recurring Billing. BY ENROLLING IN THE SUBSCRIPTION, YOU AUTHORIZE THE PAYMENT PLATFORM TO CHARGE YOUR PAYMENT METHOD: (A) FOR THE THEN CURRENT SUBSCRIPTION FEE, ON AN AUTOMATIC AND RECURRING MONTHLY BASIS BEGINNING ON THE DAY YOU START YOUR SUBSCRIPTION AND EVERY 30 DAYS THEREAFTER (A “BILLING CYCLE”) UNTIL YOU CANCEL AS DESCRIBED BELOW, OR BEVI SUSPENDS OR TERMINATES YOUR ACCESS TO THE SUBSCRIPTION, WHICH WE MAY DO AT ANY TIME. You hereby accept responsibility for all recurring charges made to Your payment method prior to cancellation or termination.
11. Changes or Cancellation. To change or cancel Your Subscription at any time, visit the Subscription section at https://billing.stripe.com/p/login/fZeaFccBd5DMfcIfYY or on the Bevi Machine after logging in. If You cancel Your Subscription, You may use Your Subscription until the end of the Billing Cycle and Your Subscription will not be renewed once that Billing Cycle ends. You are not entitled to a prorated refund of any unused portion of the Subscription Fee. If You signed up for the Subscription through the Payment Platform by using Your account with a third party as a payment method and wish to cancel Your Subscription, You may need to do so through that third party, for example by visiting Your account with the applicable third party and turning off auto-renew or unsubscribing from the Subscription through that third party.
12. Changes to Subscription Fee. Except for variations in tax, Bevi will provide You with at least 10 days’ notice before changing the Subscription Fee. Any agreement You have with the issuer of Your payment method will govern Your use of Your payment method as a payment mechanism. You agree that Bevi may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Cycle.
13. Required Notification by You. YOU MUST PROMPTLY NOTIFY BEVI AND THE PAYMENT PLATFORM IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT). YOU MUST NOTIFY BEVI, THE PAYMENT PLATFORM AND THE AUTHENTICATION PLATFORM USED FOR YOU TO LOGIN IN TO YOUR SUBSCRIPTION ACCOUNT, WHICH IS CURRENTLY AUTH0 (“AUTHENTICATION PLATFORM”) IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT, USERNAME OR PASSWORD. BEVI MAY CONTINUE TO CHARGE YOU FOR THE SUBSCRIPTION UNTIL WE HAVE EVIDENCE OF CANCELLATION.
14. Dispute Resolution; Class Action Waiver. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.
For purposes of this Section 14, “Bevi”, “We”, or “Us” includes Hydration Labs, Inc. and its agents, affiliates, employees, directors, officers, investors, predecessors in interest, successors, and assigns (“Representatives”).
14.1 MANDATORY NOTICE OF DISPUTE. If You and Bevi have a dispute and Our team is unable to resolve Your concerns, You and Bevi agree to make a good faith effort to resolve it informally prior to bringing a formal claim. Before initiating a formal claim, You and Bevi each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include: Your or Our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable You or Us to identify any transaction at issue (including any receipts or purchase details), and a detailed description of: (i) the nature and basis of the Dispute, with any relevant documents and supporting information; and (ii) a statement of the specific relief sought (including a detailed calculation of any damages). A Notice of Dispute must be mailed to the Bevi Legal Department, at 529 Main Street, Suite 216, Charlestown, MA 02129. The Notice of Dispute must be personally signed in writing. By personally signing the Notice of Dispute, You or We certify that: (1) the Notice of Dispute is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or impose unnecessary costs (including court costs and attorneys fees); (2) the Dispute has legal support and is not frivolous; and (3) the factual contentions have evidentiary support, or if so specified, will have evidentiary support after a reasonable opportunity for further investigation.
14.2 INFORMAL DISPUTE RESOLUTION PROCESS. If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute. For a period of 60 days from the date of receipt of a complete Notice of Dispute, or as otherwise extended upon mutual consent, You and Bevi agree not to make a formal claim and to make attempts to resolve the Dispute prior to commencing a formal dispute. If an agreement cannot be reached within 60 days of receipt of the Notice of Dispute, You or Bevi may commence a formal claim. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand, claim, or arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.
14.3 FUTURE CHANGES TO DISPUTE RESOLUTION SECTION. Notwithstanding any provision to the contrary, We agree that if Bevi makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), You may reject any such change by sending Us written notice personally signed by You within 30 days of the change to the address provided above. By rejecting any future change, You are agreeing that You will bring any dispute between Us in accordance with the language of this Dispute Resolution section.
14.3 CLASS ACTION WAIVER. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS/CONSUMERS, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- LOGIN AUTHENTICATION. Currently, Bevi uses Okta Inc.’s Auth0 to authenticate your login credentials. In doing so, Bevi does not collect Your login information.
- PAYMENT PLATFORM. Currently, Bevi uses Link by Stripe, Inc. to collect payment. Bevi does not collect Your payment information.
16. DISCLAIMER OF WARRANTIES. BEVI IS PROVIDING THE SUBSCRIPTION AND ASSOCIATED SERVICE TO CUSTOMER ON AN “AS IS” BASIS. BEVI MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS, IMPLIED OR STATUTORY. IN PARTICULAR, BEVI EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. DISCLAIMER OF BEVI MACHINES. BEVI MAKES NO REPRESENTATIONS OR WARRANTIES PERTAINING TO ANY BEVI MACHINE, ITS AVAILABILITY,
FUNCTIONALITY OR CONDITION, OR ITS STOCK OF FLAVORS, CO2, AND OTHER CONSUMABLES.
18. DAMAGES. IN NO EVENT SHALL BEVI OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
19. DISCLAIMER OF THIRD PARTY DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY AND ALL CLAIMS AGAINST BEVI RESULTING FROM YOUR USE OF THE THIRD PARTY SERVICES WHEN REGISTERING, PAYING, OR ACCESSING THE SUBSCRIPTIONS. ANY CLAIM RESULTING, IN WHOLE OR IN PART, FROM YOUR USE OF THE THIRD PARTY SERVICE MUST BE BROUGHT SOLELY AGAINST THE THIRD PARTY DIRECTLY. YOU AGREE NOT TO BRING ANY SUCH CLAIM AGAINST BEVI OR ITS REPRESENTATIVES.
19.1 ENTIRE AGREEMENT; AMENDMENT. This Agreement is intended by the Parties as the final, complete, and exclusive statement of terms. This Agreement cancels, supersedes and revokes all prior negotiations, representations and agreements between the Parties relating to the subject matter of this Agreement. These terms and conditions of any other agreement related to the contents herein are not binding upon Bevi regardless of what the other agreement states to the contrary.
19.2 ASSIGNMENT. You shall not assign any part of this Agreement without written consent.
19.3 FORCE MAJEURE. Neither Party is responsible for any delays or failure to perform any obligation under this Agreement (except for payment obligations) due to acts of God, strikes or other disturbances, including, war, severe weather emergencies, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, supply chain shortages, global health emergencies or the like, and any other cause beyond the control of such Party. During an event of force majeure, except for payment obligations, each Party’s duty to perform the impacted obligations shall be suspended.
19.4 GOVERNING LAW; CONSENT TO JURISDICTION. This Agreement is governed by the laws of the Commonwealth of Massachusetts. The state or federal courts in Boston, Massachusetts have exclusive jurisdiction and venue for a dispute related to this Agreement. Parties accept service of process by mail and waive any jurisdictional or venue defenses otherwise available.
19.5 INDEPENDENT CONTRACTOR. The Parties are independent contractors, and have no other legal relationship, including joint venturers, or employees. Neither Party has the right or power to bind the other and any attempt to enter into an agreement in violation of this section is void.
19.6 SEVERABILITY. If a provision of this Agreement or its application is held unenforceable, the remainder of the clause and this Agreement will remain valid, in full force and effect. To the extent possible, the voided provision will be interpreted to reflect its original intent.
19.7 NON-WAIVER OF DEFAULTS. A delay or omission by either Party in exercising any right is not a waiver. A waiver or discharge is only valid unless signed by the Party against whom it is sought to be enforced, and shall not waive any succeeding breach.
19.8 SECTION HEADINGS. All section headings are for convenience of reference only and do not define or limit the scope of any provision of this Agreement.
19.9 SURVIVAL. The Parties agree that their respective rights, obligations, and duties which by their nature extend beyond the termination of this Agreement will survive termination.