Terms and Conditions

1. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws and regulations when using our services. This includes but is not limited to:

• • Laws governing online conduct and acceptable content
• • Regulations related to data protection and privacy
• • Consumer protection laws in your jurisdiction
• • Intellectual property and copyright laws

2. Prohibited Activities

You specifically agree not to engage in any of the following prohibited activities:

• • Violating or attempting to violate the security of our website or services
• • Using our services for fraudulent purposes or in connection with illegal activities
• • Impersonating any person or entity or falsely representing your affiliation with any person or entity
• • Interfering with or disrupting the operation of our website or the servers or networks used to make our services available
• • Using any automated means to access our services for purposes not explicitly authorized by us

3. Conduct Requirements

You agree to maintain respectful and professional conduct in all interactions with Duskbrew staff, contractors, and other users. This includes refraining from harassment, abusive language, or any behavior that could reasonably be considered threatening or harmful.

4. Age Restrictions

Our services are intended for individuals who are at least 18 years of age. By using our services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into binding contracts.

5. Indemnification

You agree to indemnify, defend, and hold harmless Duskbrew, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your violation of these Terms and Conditions or your use of our services.

Privacy and Data Protection

You acknowledge that:

• • You have read and understood our Privacy Policy, which is incorporated into these Terms and Conditions by reference
• • You consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy
• • You are responsible for maintaining the confidentiality of any information you share with us

Third-Party Interactions

Our website may contain links to third-party websites or services that are not owned or controlled by Duskbrew. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of or reliance on any such content, goods, or services available through third-party websites.

Content Submission

If you submit any content to us, including feedback, suggestions, testimonials, or other communications, you represent and warrant that you have the right to submit such content and that it does not violate any third-party rights or applicable laws. You grant us a perpetual, worldwide, royalty-free license to use, reproduce, and display such content in connection with our business operations.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DUSKBREW PROVIDES ITS WEBSITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

We specifically disclaim all implied warranties including but not limited to:

• • Warranties of merchantability, fitness for a particular purpose, and non-infringement
• • Warranties regarding the accuracy, reliability, or completeness of any content or information
• • Warranties that our services will be uninterrupted, secure, or error-free
• • Warranties regarding the results that may be obtained from using our services

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUSKBREW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• • Loss of profits, revenue, data, or use
• • Business interruption or loss of goodwill
• • Personal injury or property damage
• • Any other tangible or intangible losses

This limitation applies whether such damages arise from breach of contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Maximum Liability Cap

Our total aggregate liability to you for all claims arising out of or relating to these Terms and Conditions or your use of our services shall not exceed the greater of one hundred US dollars ($100) or the amount you paid to Duskbrew for services in the twelve months preceding the event giving rise to liability.

Force Majeure

Duskbrew shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, pandemics, or failures of third-party service providers.

Health and Medical Disclaimer

Duskbrew provides coffee education and consultation services. We are not medical professionals and do not provide health, medical, or nutritional advice. Our services are not intended to diagnose, treat, cure, or prevent any disease or health condition. You should consult with qualified healthcare professionals regarding any health concerns related to caffeine consumption or dietary changes.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms and Conditions or your use of our services shall be instituted in a court of competent jurisdiction. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

Dispute Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any disputes through the following process:

• 1. Notify Duskbrew in writing of the nature of the dispute
• 2. Participate in good faith negotiations for a period of at least 30 days
• 3. Consider mediation or other alternative dispute resolution methods if direct negotiations are unsuccessful

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, shall be severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or agreements published by us on our website, constitute the entire agreement between you and Duskbrew concerning your use of our services and supersede all prior agreements and understandings, whether written or oral.

Waiver and Amendment

No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions may only be amended by a written agreement signed by authorized representatives of both parties.

Assignment

You may not assign or transfer these Terms and Conditions or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms and Conditions, in whole or in part, without restriction.