Terms of Service

1. Acceptance of Terms

Welcome to Smolrun Spirits Club. These Terms of Service ("Terms") govern your access to and use of the Smolrun Spirits Club website, platform, and services (collectively, the "Services") operated by Smolrun LLC DBA Smolrun Spirits Club ("Company," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

2. Eligibility

To use our Services, you must:

• Be at least 21 years of age
• Be legally permitted to consume alcohol in your jurisdiction
• Reside in a state where our partner retailer is legally permitted to ship alcoholic beverages
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using our Services under applicable law

By using our Services, you represent and warrant that you meet all eligibility requirements.

3. Membership NFTs

3.1 NFT Ownership

Smolrun Spirits Club membership is represented by a non-fungible token (NFT) on the Avalanche C-Chain blockchain. When you purchase a membership NFT, you own the NFT and are granted access to membership benefits.

3.2 Soulbound Tokens

Membership NFTs are soulbound (non-transferable). Once minted to your wallet address, they cannot be transferred, sold, or given to another wallet. This ensures the integrity of our membership community.

3.3 Membership Benefits

Membership NFT holders receive:

• Access to exclusive, curated spirits shipments
• Membership merchandise raffles (t-shirts, hoodies, etc.)
• Access to members-only events and community
• Other benefits as announced by the Company

We reserve the right to modify, add, or remove membership benefits at our discretion. Changes will be communicated to members via email or our official communication channels.

3.4 No Investment

Membership NFTs are NOT an investment, security, or financial instrument. They grant access to a social club and its benefits. Do not purchase an NFT with the expectation of profit or financial return.

4. Payment and Transactions

4.1 Cryptocurrency Payment

Membership NFTs are purchased using USDC (USD Coin) on the Avalanche C-Chain blockchain. You are responsible for obtaining USDC and paying all blockchain transaction fees (gas fees).

4.2 Blockchain Transactions

All NFT purchases are executed as blockchain transactions. Blockchain transactions are irreversible and immutable. Once a transaction is confirmed, it cannot be canceled, reversed, or refunded.

4.3 No Refunds

All membership purchases are final, whether paid with cryptocurrency or credit card. We do not offer refunds, exchanges, or cancellations except as required by law. Digital goods are exempt from most consumer refund protections. In the case of credit card chargebacks, your membership may be revoked.

4.4 Transaction Failures

You are responsible for ensuring sufficient USDC balance, token approvals, and gas fees before initiating a transaction. Failed transactions due to user error are not refundable. Gas fees are consumed even if a transaction fails.

4.5 Credit Card Payments (Stripe)

Memberships may also be purchased using credit or debit cards processed by Stripe, Inc. By using credit card payment:

• You agree to Stripe's Services Agreement and Privacy Policy
• Your payment information is processed by Stripe in compliance with PCI DSS standards
• We do not store your full credit card number
• All payments are in USD
• You authorize us to charge your card for the membership price plus any applicable taxes

Stripe payment processing is subject to Stripe's terms. We are not responsible for Stripe service outages, payment failures, or security issues.

5. Shipping and Delivery

5.1 Shipping Restrictions

Alcoholic beverages cannot be shipped to the following states:

• South Dakota (SD)
• Utah (UT)

You are responsible for providing a valid shipping address in an eligible state. We reserve the right to cancel orders and revoke membership for ineligible addresses.

5.2 Age Verification

All shipments require adult signature upon delivery (21+). The recipient must present valid identification proving they are 21 years or older. If no one is available to sign, the package will be returned to the carrier for pickup or returned to the retailer.

5.3 Delivery Issues

We are not responsible for delivery delays, lost packages, or damage caused by shipping carriers. We will work with carriers to resolve issues, but we do not guarantee resolution. Damage claims must be filed with within 48 hours of delivery.

5.4 Address Changes

You may update your shipping address in your profile. Address changes must be made before we ship your membership benefits. We cannot redirect packages once shipped.

6. Account and Wallet Security

6.1 Account Responsibility

You are responsible for maintaining the security of your account, email, and linked blockchain wallet(s). You must notify us immediately of any unauthorized access or security breaches.

6.2 Wallet Security

You are solely responsible for securing your cryptocurrency wallet and private keys. We do NOT have access to your private keys and cannot recover lost or stolen NFTs. Loss of wallet access means permanent loss of your membership NFT.

6.3 Wallet Linking

Wallet linking is secured via SIWE (Sign-In with Ethereum) cryptographic signatures. Only link wallets you own and control. Linking someone else's wallet may result in account termination.

7. Intellectual Property

7.1 Company Ownership

All content, trademarks, logos, and intellectual property on our website and platform are owned by Smolrun LLC or our licensors. You may not use, reproduce, or distribute our intellectual property without written permission.

7.2 NFT Artwork

Ownership of a membership NFT grants you a limited, non-exclusive license to display the associated artwork for personal, non-commercial use. You do NOT own the copyright to the artwork and may not use it commercially without explicit permission.

8. Prohibited Conduct

You agree NOT to:

• Use our Services if you are under 21 years of age
• Provide false information or create fraudulent accounts
• Attempt to circumvent shipping restrictions or age requirements
• Abuse, harass, or harm other members or staff
• Resell membership benefits (spirits, merchandise) for profit
• Reverse engineer, hack, or exploit our platform
• Use bots, scripts, or automated tools to interact with our Services
• Violate any applicable laws or regulations

Violation of these prohibitions may result in account suspension, membership revocation, and legal action.

9. Disclaimers

9.1 "As Is" Service

Our Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Blockchain Risks

Blockchain technology is experimental and involves inherent risks including network failures, bugs, smart contract vulnerabilities, and regulatory uncertainty. We are not responsible for losses due to blockchain-related issues.

9.3 Third-Party Services

Our Services integrate with third-party services (wallet providers, blockchain networks, analytics). We are not responsible for the functionality, security, or availability of third-party services.

9.4 Alcohol Risks

Consumption of alcoholic beverages carries health risks. Drink responsibly. We are not liable for any harm, injury, or health issues resulting from alcohol consumption.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOLRUN LLC DBA SMOLRUN SPIRITS CLUB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR MEMBERSHIP NFT.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smolrun LLC, its officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including legal fees) arising from your use of our Services, violation of these Terms, or infringement of any third-party rights.

12. Termination

We reserve the right to suspend or terminate your account and access to our Services at any time, with or without notice, for any reason, including violation of these Terms.

Upon termination, your right to use our Services immediately ceases. We may revoke membership benefits, but we cannot revoke or transfer your blockchain-based NFT (as blockchain transactions are immutable).

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. Arbitration shall take place in Milwaukee, Wisconsin. You waive your right to a jury trial and class action lawsuits.

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or to enforce arbitration.

14. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and posting a notice on our website or sending an email to your registered address. Continued use of our Services after changes constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Smolrun LLC regarding your use of our Services.

17. Contact Us

If you have any questions about these Terms, please contact us: