1. The agreement

These terms are an agreement between you and FirthBridge Systems, LLC (“Mixory”, “we”, “us”) for the Mixory apps and the website mixory.app. By using Mixory you accept them. If you do not agree, please do not use Mixory.

2. Legal drinking age and responsible use

Mixory is about alcoholic drinks. You may use it only if you are of legal drinking age where you live. Please drink responsibly, never drink and drive, and do not serve alcohol to anyone under age. Nothing in Mixory is medical, nutritional or dietary advice.

3. Recipes, estimates and allergens

Recipes, preparation steps and substitutions are provided for general information. Calorie, ABV and pure-alcohol figures are estimates calculated from recipe ingredients and quantities; real values vary with brands, preparation and dilution. “Alcohol-free” recipes depend on the products you choose, so check labels. Mixory does not track allergens: always check ingredients yourself if you or your guests have an allergy or intolerance (for example to eggs, nuts or dairy).

4. Your licence to use Mixory

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use Mixory on devices you own or control, for your own non-commercial use. You may not copy, resell, reverse engineer or extract the catalog, photography or other content, except where the law gives you that right or an open-source licence says otherwise.

5. Accounts

You can use the free features without an account. Mixory Everywhere requires signing in with one of the methods offered in the app, including email, Apple, Google, Microsoft, and Facebook. You are responsible for activity on your account and for keeping your sign-in secure. You can delete your account at any time from Settings in the app; see the Privacy Policy for what happens to your data.

6. Mixory Everywhere subscription

• What it includes. My Bar, shopping-list generation, up to three bars, and synchronization and backup of your Mixory content across your devices.
• Price and billing. The price, billing period and any free trial are shown in the app before you buy, as provided by the store for your country. Payment is charged to your Apple, Google or, for desktop purchases, Stripe payment method at confirmation of purchase.
• Automatic renewal. The subscription renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• Free trial. If a free trial is offered and you are eligible, you will be charged when it ends unless you cancel before then. Trials are available to new subscribers only.
• Cancelling. Cancel where you subscribed: in your Apple ID subscriptions, in Google Play subscriptions, or on the billing page for desktop purchases. You keep access until the end of the period you paid for. Deleting the app or your Mixory account does not cancel a subscription.
• Refunds. Purchases made through Apple or Google are refunded under their policies and must be requested from them. For purchases made through Stripe, contact us at contact@mixory.app. Nothing here limits refund or withdrawal rights you have under the law of your country.
• Price changes. If we change the price, you will be notified in advance as the store requires and can cancel before the new price applies.
• If the subscription ends. The free features keep working, and your synchronized content stays on your account for when you subscribe again. My Bar, shopping lists and synchronization are unavailable until you subscribe again.

7. Your content

The bars, lists, favorites and ratings you create remain yours. You give us permission to store and process them only to provide Mixory to you. You can delete them at any time.

8. Our content and third-party material

The Mixory website, mobile and desktop apps, pictures, visual themes, designs, source code, and Mixory-created recipe text are copyrighted by FirthBridge Systems, LLC or its licensors. The Bar Assistant MIT License below does not apply to those Mixory materials. Third-party software and other licensed material remain subject to their own applicable licences.

Recipe sources and licenses

Scope of the MIT License. The notice below applies only to Bar Assistant public data used as a source for some base recipe data in Mixory. It does not license the Mixory website, apps, pictures, themes, or Mixory-authored recipe descriptions, methods, stories, and other original content. Bar Assistant and its contributors are credited for that source data; their full notice follows.

9. Acceptable use

Do not misuse Mixory: no attempts to break or probe our systems, to access another person’s account or data, to overload the service, to share one subscription beyond your own devices, or to use Mixory in breach of the law.

10. Changes and availability

We may add, change or remove features, and we may update these terms. When a change is significant we will tell you in the app or on this page before it takes effect. We aim to keep synchronization available but do not guarantee uninterrupted service; the app keeps working offline with the data on your device.

11. Ending the agreement

You can stop using Mixory and delete your account at any time. We may suspend or end access if you seriously or repeatedly break these terms; where reasonable we will warn you first.

12. Disclaimers

Mixory is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that Mixory will be uninterrupted, error-free or secure, that recipes, estimates or substitutions are accurate or suitable for you, or that synchronized data will never be lost.

13. Limitation of liability

To the fullest extent permitted by law, FirthBridge Systems, LLC and its owners, officers, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of goodwill, arising from or relating to Mixory or these terms, whatever the legal theory and even if we were told such damages were possible.

To the fullest extent permitted by law, our total liability for all claims arising from or relating to Mixory or these terms will not exceed the greater of (a) the price of one month of Mixory Everywhere, and (b) the amount you have prepaid for the unused remainder of your current subscription period. If you have never paid us, that total is ten U.S. dollars (US$10).

These limits do not apply to liability that the law does not allow us to limit, such as liability for our gross negligence, willful misconduct or fraud, or for death or personal injury caused by our negligence where such a limit is prohibited.

14. Your responsibility, hold harmless and indemnity

Assumption of risk. You alone decide what to prepare, serve and drink. You are responsible for your own consumption of alcohol, for anyone you serve, for complying with the alcohol laws that apply to you, and for checking ingredients for allergens and interactions with medication or health conditions. You use the recipes and information in Mixory at your own risk.

Hold harmless. To the fullest extent permitted by law, you agree not to hold FirthBridge Systems, LLC or its owners, officers, employees, contractors and licensors responsible for, and you release them from, any claims, damages, losses or expenses arising from or relating to your use of Mixory. This includes, for example: the preparation, service or consumption of any drink; your reliance on recipes, estimates, substitutions or recommendations; loss of, or failure to synchronize or back up, your data; interruptions, errors or changes in the service; and the acts or omissions of third parties such as app stores, payment providers and sign-in providers. You waive your right to sue over these matters: you agree not to bring, join or take part in any lawsuit, arbitration or other legal proceeding against FirthBridge Systems, LLC or its owners, officers, employees, contractors and licensors for any claim covered by this paragraph. This obligation runs one way, from you to us; nothing in this paragraph limits our rights. This does not apply to the extent a loss is caused by our gross negligence, willful misconduct or fraud, or where the law does not allow such a release, and it does not reduce the amount stated in section 13.

Indemnity. You agree to defend, indemnify and hold harmless FirthBridge Systems, LLC and its owners, officers, employees, contractors and licensors from any third-party claim, and the related losses, liabilities and reasonable legal fees, arising from your misuse of Mixory, your breach of these terms, or your violation of the law or of someone else’s rights.

15. Disputes: binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights. By agreeing to it, you and Mixory each give up the right to sue the other in court and to have a judge or jury decide a dispute, and you give up the right to take part in a class action. Disputes are instead decided by a neutral arbitrator, whose decision is final and can be reviewed by a court only in very limited ways.

Talk to us first. Before starting an arbitration, the party with the complaint must send the other a written description of the dispute and the relief sought (to us at contact@mixory.app; to you at the email address on your account). We will both try in good faith to resolve it for 60 days.

Agreement to arbitrate. If that fails, any dispute, claim or controversy arising from or relating to Mixory or these terms, including whether this section applies or is enforceable, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitration may be conducted by video or telephone or on written submissions; any in-person hearing will take place in the county where you live or in New Jersey, at your choice. Payment of filing, administration and arbitrator fees is governed by the AAA’s rules; we will not seek our legal fees from you unless the arbitrator finds your claim frivolous. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.

Class action and jury waiver. You and Mixory agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims. You and Mixory each waive the right to a trial by jury. If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) must be brought in court, and the rest of this section continues to apply.

Exceptions. Either party may bring an individual claim in small claims court instead of arbitration, and either party may go to court to seek an injunction protecting its intellectual property.

Your right to opt out. You may opt out of this section within 30 days of first accepting these terms by emailing contact@mixory.app from the address on your account with the subject “Arbitration opt-out”. Opting out does not affect any other part of these terms.

Consumers in the EEA, the United Kingdom and Switzerland. If you live in one of these places and use Mixory as a consumer, this section does not apply to you. You may bring a claim in the courts of your country of residence.

16. App Store and Google Play

These terms are between you and Mixory, not Apple or Google. Apple and Google are not responsible for the app or its content and have no obligation to provide maintenance or support. If the app fails to conform to a warranty that applies, you may notify Apple for a refund of the purchase price where applicable; to the extent the law allows, Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. You must also follow the store’s own terms when using the app.

17. Governing law and courts

These terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as stated above. For any dispute that is not subject to arbitration, you and Mixory agree to the exclusive jurisdiction of the state and federal courts located in New Jersey. If you are a consumer living outside the United States, this does not take away protections that the mandatory law of your country of residence gives you.

To the extent permitted by law, any claim arising from or relating to Mixory or these terms must be filed within one year after the claim arose.

18. General

Entire agreement. These terms and the Privacy Policy are the entire agreement between you and Mixory about Mixory, and replace any earlier understanding. Severability. If any part of these terms is found unenforceable, that part will be enforced to the greatest extent allowed and the rest remains in effect. No waiver. If we do not enforce a right, that is not a waiver of it. Assignment. You may not transfer these terms or your account; we may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets. Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of networks, hosting providers or app stores. Notices. We may give you notice in the app, on this website, or by email to the address on your account; send notices to us at contact@mixory.app. Survival. Sections 8 and 12 to 18 continue to apply after these terms end. Headings are for convenience only.

19. Contact

FirthBridge Systems, LLC, c/o InCorp Services, Inc., 349 Kinderkamack Road, Westwood, NJ 07675-1652, USA. Support: contact@mixory.app.