Terms of use

Cafilia LLC Terms of Use

 

These Terms of Use (“Terms”) are a contract between you and Cafilia LLC (“Cafilia” or “we”) and govern your access to and use of the Cafilia website (“Site”), any future mobile applications, and the services (“Services”) made available by Cafilia.

1. Basic Terms

a) Acceptance of Terms. By accessing and/or using the Site and/or Services, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Services.

b) Amendment of Terms. Cafilia may amend the Terms from time to time and all amendments will be effective upon posting any updated Terms. Your continued access to or use of the Site or Services signifies your consent to be bound by the amended Terms.

c) You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Cafilia and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not access or use the Services for any reason.  Please contact us if you are aware that a person under 18 is using the Services.  You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

d) The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Cafilia may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

e) The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Cafilia granting you access to and use of the Services, you agree that Cafilia, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

f) The Cafilia platform enables consumers to discover, buy, and redeem monthly coffee subscriptions at local independent coffee shops and cafés through our platform by means of a reusable Cafilia Cup unique to each consumer. Cafilia is not affiliated with and does not make any representations on behalf of the participating venues. If you have a problem with the accuracy or quality of items you received from the Cafilia Services please discuss your concerns directly with the participating venue. We always welcome feedback about our participating venues but will not be responsible or involved in any dispute between our users and the participating venues.

2. Subscription Terms

a) Membership Options. Consumers can choose to become members of the Cafilia platform through various subscription plans offered. These options consist of different monthly quantities of coffee subscriptions, different coffee types per subscription, and different Cafilia Cup size choices with the potential for future features such as add-ons to subscriptions that may be subject to additional prices, limitations, or conditions. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. You may be required to rate your Cafilia experiences in partner coffee shops based on a number of attributes to be defined in the future.

b) Cafilia Cups. To enjoy full access to the Services, you need to purchase the offered sustainable Cafilia Cup that grants redemption access to your chosen subscription. Possessing your designated Cafilia Cup with an official intact Cup ID sticker on the bottom of the Cafilia Cup is required when using your subscription plan to order a coffee product at a partner coffee shop. Your Cup ID is unique to you and may not be tampered with, destroyed, or removed, otherwise you forfeit your right to use your subscription. If your Cup ID sticker needs to be replaced, please contact us at [email protected]. 

c) Subscription Terms and Billing Cycles. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Cafilia subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your Cafilia subscription on June 3, your subscription will automatically renew on July 3 (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). If you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until canceled or terminated.

d) Use of Coffee Cup Amounts and Rollover Policy. Depending on the subscription plan you choose and purchase, you will have a certain amount of coffee cups to fulfill in each Subscription Cycle at any of the local coffee shops that have agreements with Cafilia and are communicated as being part of the Cafilia network.

Your coffee cup amounts expire at the end of each monthly Subscription Cycle, with the exception of one coffee cup amount that can be rolled over to the following month’s Subscription Cycle period. For example, if you have a 10 Cup plan and have redeemed only 9 out of 10 coffees by the end of your monthly Subscription Cycle, your new month will include one rolled-over coffee for a total of 11 coffees available to be used. You will still have one monthly Subscription Cycle to use up your monthly coffee allotment before it resets at renewal time (and upon when you can roll over one coffee to the new month again if you have it available to roll over). Your allotment of coffee cup amounts left in each Subscription Cycle can be viewed in your account settings. 

If your subscription is canceled or terminated your unused coffee cups will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of coffee cups. If you have any questions about the use of your coffee cup amount, please contact us. 

Coffee cup amounts have no cash value or any other value outside of the Cafilia platform and are not redeemable for cash. You may not transfer, trade, gift or otherwise exchange Cafilia coffee cup amounts. Note that separate from Cafilia coffee cup amounts, you can also buy a gift card. Gift cards are discussed further in Section 4(a) below.

Redeeming your coffee cup amount during any Subscription Cycle will depend on the participating Cafilia local coffee shop’s hours and their available materials for making your ordered drink.

e) Non-Subscription Purchases. Cafilia may permit you to purchase certain add-on products or Services through the Site, in addition to your subscription. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.

f) Cafilia Account. Your Cafilia account is personal to you and you agree not to create more than one account. You must maintain a valid and accessible email address connected with your account. You cannot transfer or gift Services or coffee cup amounts to third parties or allow third parties to use your Cafilia account, including other Cafilia users. You must not use or exploit the Site and/or Services for commercial purposes. You understand and agree that Cafilia may take actions we deem reasonably necessary to prevent fraud and abuse.

3. Fees, Billing, Cancellation

a) Recurring Billing. By initiating a Cafilia subscription, you authorize us to charge you for your initial subscription period and your initial Cafilia Cup payment that allots you access to redeeming your coffee cup amount, and a recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site or Services, such as any applicable sign-up fee, taxes, cancellation or late fees, overuse of allotted monthly coffee cup amounts, customizations to drinks outside of your subscription’s parameters, and food additions, as further explained below. Note that even if you do not use the subscription or access the Site and/or Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

b) Subscription Cycle. When you sign up and purchase your Cafilia subscription and required Cafilia Cup, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event your paid subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Cafilia membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription.

c) Refunds. Generally, our fees (including the monthly fee for your subscription and any other fees) are nonrefundable unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid subscription period only in the following circumstances: (i) if you are canceling your subscription and request a refund within 2 days of the date of your first payment for your subscription or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law. We do not provide refunds for any prior months including for unused coffee cup amounts.

d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the Cafilia website or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

e) Payment Methods. You may edit your Payment Method information by logging onto our website and editing it in your account settings. If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

f) Cancellation of Subscription. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews by going into your account settings on the Cafilia website and cancelling using the provided process. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund in which case your access will be terminated immediately. If you cancel your subscription or it is terminated for any reason, you will lose access to all Services, coffee cup amounts, or features available through the subscription. In addition, if you cancel your subscription, any additional outstanding charges derived from coffee redemptions after cancellation or non-subscription purchases will be collected through the Payment Method on file until your account balance is cleared.

g) Other Fees. You are responsible for paying applicable fees related to drink customizations outside of your subscription’s parameters, overuse of allotted coffee cup amounts in your Subscription Cycle, food additions logged under your Cafilia account, replacements of your Cafilia Cup, and any further fees that are not expressly included in your Subscription plan. Some applicable fees are laid out here:

• Any drink customizations (such as non-dairy milk or flavor additions) or specialty coffee drinks ordered outside of your outlined subscription plan parameters will be charged $1 per drink, accumulated over the course of the Subscription Cycle and charged to your Payment Method at the end of your Subscription Cycle.
• Any overuse of allotted coffee cup amounts from your purchased subscription will have their amounts totaled and charged to your Payment Method at the end of your Subscription Cycle. The amount per drink charged will be equal to the the average per drink cost of your subscription plan. For example, if you have a 10 Cup Crafted Coffee plan that costs you $40 monthly, your overuse charge would be $4 per additional drink.
• Any food items registered under your account will have their amounts totaled and charged to your Payment Method at the end of your Subscription Cycle and will include a 5% processing fee.

We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up or reactivation fee) and to change the amount of any such fees at any time.

4. Promotions

a) Gift Cards. A gift card may only be used toward Subscriptions. Each gift card recipient (“Recipient”) will be required to provide a credit card (or other payment method we may accept) for recurring monthly subscription fees, any remaining subscription fees applicable after the gift card amount is applied, and for any overage charges, such as add-on charges or overconsumption charges. Each Cafilia subscription will automatically renew as set forth in our Subscription Terms and Recipient will be charged the monthly rate of the Cafilia plan they have until they cancel. If Recipient does not wish to continue their subscription they may cancel at any time as set forth in Section 3 of our Terms. Recipient must be at least 18 years old, agree to the Cafilia Terms of Use and Privacy Policy, provide a valid payment method and have access to the Internet. Gift cards do not have any expiration dates and are non-refundable. Gift card will not be refunded or replaced if lost or stolen. If we suspect any fraud or misuse in connection with a gift card, we reserve the right in our discretion to suspend or terminate use of the gift card.

5. Privacy

Your privacy is important to Cafilia and our Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy for more information on our Privacy Policy webpage.

You agree that the information you provide to Cafilia at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site you must have access to the Internet and may be required to download a Cafilia mobile application in the future to use some or all of Cafilia features.

By providing your information or creating an account, you agree that Cafilia may contact you by email, direct mail, telephone or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Cafilia account, including for marketing purposes. You may opt-out of marketing emails via the provided unsubscribe link or otherwise opt-out by contacting us at any time.

6. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Cafilia account. Cafilia cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

7. Cafilia’s Rights

All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Cafilia and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Cafilia reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Cafilia, or the Services, are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions on Use of the Services

We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Cafilia’s computer systems, or the technical delivery systems of Cafilia providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Cafilia (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Cafilia (NOTE: scraping the Services without the prior consent of Cafilia is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

When you use the Services or receive coffee you subscribed to on the Services, you may not:

• Harass, threaten, stalk, disrupt or defraud users, members or staff of Cafilia or our partner coffee shops, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
• Act in a deceptive or fraudulent manner by, among other things, impersonating another person or accessing another user’s account or signing up for more than one account;
• Share Cafilia passwords with any third party or encourage any other user to do so; or
• Permit anyone to use any services booked under your own membership, including other members.

9. Ending These Terms

You understand and agree that, at any time and without prior notice Cafilia may (1) terminate, cancel, deactivate, disable, delete and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site, your membership and/or Services and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site, including of your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Cafilia shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Services and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that Cafilia will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If Cafilia deletes your account for these reasons, you may not re-register for or use the Site and/or Services under any other user name, email, payment method or profile.

Nothing in this section shall affect Cafilia’s rights to change, limit or stop the provision of the Services without prior notice, as provided in Section 1 above.

10. Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “PLACE ORDER”, “SUBMIT”, “I ACCEPT” or such similar links as may be designated by Cafilia to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, you hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed through the Site or Services offered by Cafilia. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

11. Disclaimers, Limitations of Liability and Indemnity

Please read this section carefully since it limits the liability of Cafilia and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Cafilia Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A) The Services are Available “AS-IS”

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE CAFILIA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Cafilia Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Cafilia users, vendors or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; (vii) any coffee or service you receive from a participating vendor; (viii) any interaction you have with a participating vendor; and (ix) any injuries or harm you or a third party incurs as a result of information or advice received through the Services.  No advice or information, whether oral or written, obtained from the Cafilia Entities or through the Services, will create any warranty not expressly made herein.

B) Links

The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Cafilia Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

C) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CAFILIA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY INTERACTION OR PRODUCT RECEIVED FROM A VENDOR; OR (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SHORT NAME ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SHORT NAME, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SHORT NAME ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

D) Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Cafilia Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other Cafilia user or vendor; and (3) any activity in which you engage on or through the Services.

12. GENERAL TERMS. Waiver and Severability

The failure of Cafilia to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

A) Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the state of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Summit County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.  You agree that you may only bring claims against Cafilia related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

B) Entire Agreement

These Terms, our Privacy Policy and any applicable Subscription Terms are the entire and exclusive agreement between Cafilia and you regarding the Services (excluding any service for which you have a separate agreement with Cafilia that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Cafilia and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at https://becafilia.com/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

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

 

Effective: June 8, 2020

Updated: February 1, 2024