Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Somple ("we," "us," "our") governing your access to and use of the Somple platform, including our website at sompleit.com, our web application, and any related services (collectively, the "Service").

By creating an account, creating a club, joining a club, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service.

You must be at least 18 years old to create an account. If your club involves alcohol, tobacco, cannabis, or any other age-restricted category, you must be of the legal age to purchase and possess those items in your jurisdiction (typically 21+ for alcohol in the United States). You are solely responsible for verifying the age and eligibility of your club members.

You represent that you have the full legal capacity to enter into these Terms and that your use of the Service will comply with all applicable laws and regulations.

Somple is not available to users in jurisdictions where the Service would be illegal. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@sompleit.com if you suspect unauthorized access.

You agree to provide accurate, current, and complete information when creating your account and to keep that information up to date. We may suspend or terminate accounts that contain false, misleading, or outdated information.

Creating a club requires an active paid subscription or trial. Paid subscriptions are billed in advance on a monthly or annual cadence via Stripe. By subscribing, you authorize Somple (via Stripe) to charge the payment method you provide on a recurring basis until you cancel.

Free trials. Where offered, free trials require a valid payment method up front. At the end of the trial period, your subscription converts automatically to paid at the plan you selected, unless you cancel before the trial ends.

Cancellation. You may cancel your subscription anytime from the billing portal. Cancellation takes effect at the end of the current billing period; we do not provide prorated refunds for partial periods, except where required by law.

Price changes. We may change our prices with at least 30 days' notice. If you continue to use the Service after a price change takes effect, you accept the new price.

Member payments. Payments from your club members to you flow through Stripe Connect directly to your bank account. Somple does not hold member funds. You are the merchant of record for those transactions and are responsible for applicable taxes, refunds, and chargebacks.

You agree not to use the Service to:

Violate any law, regulation, or third-party right, including intellectual property, privacy, or publicity rights.

Host, promote, or facilitate illegal activity, including the unlicensed sale of alcohol, tobacco, cannabis, or other controlled substances to minors or in jurisdictions where such sales are prohibited.

Harass, threaten, defame, impersonate, or bully any person.

Upload or transmit content that is obscene, hateful, discriminatory, or otherwise harmful.

Send unsolicited bulk messages (spam) or engage in phishing.

Upload viruses, malware, or any other malicious code; probe, scan, or test the vulnerability of our systems; or attempt to bypass access controls.

Scrape, crawl, or use automated means to access the Service except as expressly permitted.

Misrepresent the nature of your club to bypass content restrictions or to obtain an unintended tier or refund.

Resell, sublicense, or commercially exploit the Service without our written consent.

We reserve the right to suspend or terminate any account or club that violates these rules, with or without notice, and to remove any content at our discretion.

You retain ownership of the content you upload to Somple — club details, descriptions, images, sompling notes, messages, and member data ("Your Content").

By uploading Your Content, you grant Somple a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute it solely as necessary to operate the Service (for example, to show your club page to members, deliver messages, and generate backups).

You represent that you have all rights necessary to upload Your Content and that it does not infringe any third-party rights. You are solely responsible for Your Content and for the consequences of sharing it.

Club members may post content in your club (messages, replies, RSVPs, comments). As a club owner you are responsible for moderating your community and for the content your members post. Somple provides tools to remove content and members, but we do not pre-moderate and we are not liable for user-generated content.

If you believe content on Somple infringes your rights or violates these Terms, report it to abuse@sompleit.com with enough detail for us to investigate.

By you. You may stop using the Service at any time and close your account from your settings.

By us. We may suspend or terminate your access — immediately and without refund — if we reasonably believe you have violated these Terms, created risk or legal exposure for Somple or other users, or abandoned your account. For non-egregious issues we will generally try to give you notice and an opportunity to cure.

Effect of termination. On termination, your right to use the Service ends. Your clubs, members, and content may be deleted. We may retain information to the extent required by law or for legitimate business purposes (audit logs, tax records, fraud prevention).

The Service is provided "as is" and "as available." To the maximum extent permitted by law, Somple disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

We do not warrant that the Service will meet your requirements, be error-free, or be free of viruses or other harmful components. You use the Service at your own risk.

Somple is not a party to the relationship between a club owner and their members. We are not responsible for the safety, legality, or quality of somplings you host, the events you promote, the products you sample, or the conduct of your members. You hold the events; we provide the software.

To the maximum extent permitted by law, Somple will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, business interruption, or personal injury, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising from these Terms or the Service is limited to the greater of (a) the amount you paid us in the 12 months before the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In those jurisdictions, our liability is limited to the smallest extent permitted by law.

You agree to defend, indemnify, and hold harmless Somple and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law or third-party right; or (e) any sompling, event, or transaction you host through the Service.

Our collection and use of personal information is described in our Privacy Policy at sompleit.com/privacy. By using the Service you agree to the practices described there.

We may update these Terms from time to time. Material changes will be announced by email or an in-product notice, with at least 14 days' notice where practical. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree, stop using the Service and close your account before the effective date.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue there.

Waiver of class actions. You agree to resolve disputes individually and waive any right to participate in a class action, class arbitration, or representative action.

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Somple regarding the Service.

Severability. If any provision is held unenforceable, the remaining provisions continue in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Email us at legal@sompleit.com.