Terms of Service

These Terms of Service ("Terms") govern your access to and use of CheekyBook, a bar inventory management service ("Service") provided by TinyRatchet LLC, doing business as CheekyBook ("CheekyBook," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

We may update these Terms from time to time as our Service and business evolve (see Section 13).

1. Who May Use the Service

The Service is intended for businesses. By using it, you represent that you are at least 18 years old and that you have the authority to enter into these Terms on behalf of the business or organization you represent ("Customer"). "You" refers to that Customer and its authorized users.

2. The Service

CheekyBook provides software to help small bars and similar businesses track and manage inventory. We offer a free tier and paid subscription tiers with additional features. We may add, change, or remove features over time.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to keep it up to date. Authentication is handled through a third-party provider (WorkOS); your use of that login is also subject to its terms.

You are responsible for the users you invite to your account (such as employees and bookkeepers) and for ensuring their use complies with these Terms.

4. Subscriptions, Fees, and Billing

Plans. We offer a free tier and paid plans billed monthly or annually. Plan features and pricing are described at signup and may change with notice.

Payment. Paid plans are billed in advance through our third-party payment processor (Stripe). We do not store your full payment card details. By providing payment information, you authorize us and our processor to charge the applicable fees.

Auto-renewal. Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

Cancellation. You may cancel at any time. Cancellation takes effect at the end of your current billing period, and you will retain access until then. Except where required by law, fees already paid are non-refundable.

Price changes. We may change our fees. We will give you reasonable advance notice, and changes will take effect on your next billing period.

Taxes. Fees are exclusive of taxes, which you are responsible for where applicable.

5. Your Data

Your content. You retain all rights to the data you submit to the Service, including inventory records, user information, and distributor contact information ("Customer Data"). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Service.

Your responsibilities. You are responsible for the accuracy and legality of Customer Data. Where Customer Data includes information about other people (such as your employees, bookkeeper, or distributor contacts), you represent that you have the necessary rights and a lawful basis to provide that information to us for processing.

Our handling of data. Our collection and use of personal information is described in our Privacy Policy, which is part of these Terms.

6. Acceptable Use

You agree not to:

• use the Service for any unlawful purpose or in violation of these Terms;
• attempt to gain unauthorized access to the Service or other accounts;
• interfere with or disrupt the Service or its infrastructure;
• reverse engineer, copy, or resell the Service except as permitted by law; or
• upload malicious code or use the Service to store or transmit infringing or harmful material.

We may suspend or terminate access for violations.

7. Third-Party Services

The Service relies on third-party providers, including Stripe (payments), WorkOS (authentication), Postmark (email), and our hosting infrastructure. Your use of the Service may be subject to those providers' terms, and we are not responsible for their acts or omissions.

8. Service Availability and Changes

We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue all or part of the Service at any time. For paid plans, if we discontinue the Service entirely, we will use reasonable efforts to provide notice.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ACCURATE, RELIABLE, OR ERROR-FREE. THIS IS PARTICULARLY TRUE OF THE FREE TIER.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHEEKYBOOK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify and hold harmless CheekyBook and its owner from any claims, damages, or expenses arising out of your use of the Service, your Customer Data, or your violation of these Terms or applicable law.

12. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you violate these Terms or if we reasonably believe it is necessary to protect the Service or other users. Upon termination, your right to use the Service ends. Provisions that by their nature should survive (such as Sections 5, 9, 10, and 11) will survive.

13. Changes to These Terms

We may modify these Terms as our Service and business grow. If we make material changes, we will provide reasonable notice, such as by email or by posting a notice within the Service. Changes take effect on the date stated in the notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in California, and you consent to their jurisdiction.

15. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and CheekyBook regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact

Questions about these Terms? Contact us at: