Terms of Service

Last updated May 24, 2026 · Version 1.0

1. Introduction and Acceptance

Welcome to DrinkUp. These Terms of Service ("Terms") govern your use of the DrinkUp mobile web platform, our website at drinkupapp.com, and any related services we provide (collectively, the "Platform"). The Platform is operated by White Glove Integrated Solutions LLC, a Florida limited liability company doing business as DrinkUp ("DrinkUp," "we," "us," or "our").

By creating an account, placing an order, or otherwise using the Platform, you agree to be bound by these Terms and by our Privacy Policy, Refund Policy, and Acceptable Use Policy, each of which is incorporated into these Terms by reference. If you do not agree, do not use the Platform.

These Terms form a legally binding contract between you and DrinkUp. Section 14 (Binding Arbitration; Class Action Waiver) requires that most disputes between you and DrinkUp be resolved through individual binding arbitration rather than in court. Please read it carefully.

2. What DrinkUp Is — and What It Isn't

DrinkUp is a technology platform. We provide software that enables customers ("Customers" or "you") to view menus, place orders, and pay for food and beverages from independently owned and operated bars and restaurants in the Tampa, Florida metropolitan area (each, a "Bar" and collectively, "Bars") for in-venue pickup at the Bar's licensed premises.

DrinkUp is not a bar, restaurant, retailer, or alcohol seller. We do not own, operate, control, manage, or staff any Bar. We do not prepare, store, serve, sell, deliver, or take physical possession of any food or beverage, including any alcoholic beverage. We are not a licensee under the Florida Beverage Law and we do not hold any license to sell alcoholic beverages.

Each Bar is an independent business that operates under its own name, holds its own licenses (including its alcoholic beverage license issued by the Florida Division of Alcoholic Beverages and Tobacco), employs its own staff, sets its own prices, and is solely responsible for the products it prepares and sells, the manner in which it serves them, and its compliance with all applicable federal, state, and local laws, including those governing food safety, alcohol service, and age verification.

You are purchasing from the Bar, not from DrinkUp. When you place an order through the Platform, the contract for the sale of the food and beverages is between you and the Bar that prepares your order. The Bar — not DrinkUp — is the merchant of record for each transaction.

DrinkUp's role is limited to: providing the software that lets you browse Bar menus and place orders; facilitating order routing from you to the Bar; processing payment through our payment processor, Stripe, on the Bar's behalf; sending you order confirmations and pickup notifications; and providing customer support for issues related to the Platform itself.

3. Eligibility

To use the Platform, you must:

4. Your Account

To place an order, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account at hello@drinkupapp.com.

We may, at our discretion, suspend or terminate your account for any reason, including (without limitation) violation of these Terms, attempted age misrepresentation, fraudulent activity, abusive behavior toward Bar staff or DrinkUp personnel, or use of the Platform in violation of applicable law.

5. Orders and Payment

5.1 Placing an Order

When you place an order through the Platform, you make an offer to the selected Bar to purchase the items at the prices listed. The order is accepted by the Bar when the Bar confirms acceptance through the Platform. Until the Bar accepts your order, no contract for sale exists.

Order accuracy. You are responsible for reviewing your order for accuracy before submitting. Once a Bar has accepted your order and begun preparation, you may not be able to modify or cancel it.

5.2 Payment

You authorize DrinkUp and our payment processor, Stripe, to charge your selected payment method for the total of your order, including the price of the items, applicable taxes, any tip, and any convenience fee charged by DrinkUp.

Payment processing is handled by Stripe. DrinkUp does not store, process, or have access to your full payment card information. Payment data is collected, transmitted, and stored by Stripe in accordance with PCI-DSS.

Stripe Connect disclosure (required language):

Payment processing services for Bars on DrinkUp are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By placing an order on DrinkUp, you authorize DrinkUp to share information with Stripe necessary to process your payment, and you agree that Stripe may charge your payment method and remit funds to the applicable Bar on your behalf.

5.3 Convenience Fee

DrinkUp charges a per-order convenience fee that is disclosed to you before you complete checkout. This fee compensates DrinkUp for providing and operating the Platform. The convenience fee is non-refundable except as required by law or as expressly provided in our Refund Policy.

5.4 Taxes and Tips

The prices displayed on the Platform are set by the Bar. Applicable state and local taxes will be calculated and displayed at checkout. Any tip you choose to add is paid directly to the Bar.

5.5 Chargebacks

If you dispute a charge with your payment card issuer (a "chargeback") without first contacting DrinkUp and the Bar to resolve the issue, we may suspend or terminate your account. Initiating a chargeback in bad faith — including disputing a charge for an order you actually received, or disputing a charge after pickup was refused for reasons within your control under Section 6 — may be treated as fraud.

6. Alcoholic Beverages — Special Provisions

These provisions apply to any order that includes an alcoholic beverage. Read them carefully.

6.1 Age Representation and Warranty

If you place an order that includes any alcoholic beverage, you represent and warrant that:

Misrepresenting your age to induce a licensee to serve you alcohol is a violation of Fla. Stat. § 562.11(2) and may result in criminal penalties.

6.2 Identification at Pickup

At pickup, the Bar will require you to present valid, unexpired, government-issued photo identification showing your date of birth. Acceptable forms of identification include:

If you cannot or will not produce acceptable identification at pickup, the Bar will refuse to release any alcoholic beverage portion of your order, and may refuse the entire order at its discretion.

6.3 Refusal of Service

The Bar has sole discretion — and the legal obligation under Florida law — to refuse to release alcoholic beverages if:

You acknowledge that refusal of service under this Section 6.3 is the Bar's right and obligation, not DrinkUp's, and is a complete defense for the Bar under Florida law.

6.4 Customer Bears Cost of Refused Pickup

If your pickup is refused under Section 6.3 — including because you cannot produce identification, you appear under 21, your identification is unacceptable, you appear intoxicated, or you fail to appear within the pickup window — you remain responsible for the full cost of the order, including the alcoholic beverages, taxes, tip, and convenience fee. No refund will be issued in these circumstances.

This provision protects the Bar from being required to absorb the cost of products it cannot legally release. Please plan accordingly: only order alcohol if you are 21+, can prove it with valid ID, and will be sober and present at pickup.

6.5 No Liability for Service Decisions

DrinkUp does not make, influence, or override service decisions. The decision to release, withhold, or refuse any alcoholic beverage is solely the Bar's, made in accordance with the Bar's training, judgment, and obligations as a Florida-licensed alcoholic beverage vendor. DrinkUp disclaims any liability for the Bar's service decisions, including any decision to refuse you service or to release alcohol that may later be alleged to have caused harm.

7. SMS and Email Communications

7.1 Transactional Messages

When you provide your phone number or email address in connection with placing an order, you consent to receive transactional messages from us related to that order, including order confirmations, status updates, pickup reminders, receipts, and customer support communications. Standard message and data rates may apply for SMS. You can reply STOP to opt out of transactional SMS (note: if you do, you may not receive pickup notifications).

7.2 Marketing Communications

We will only send you promotional or marketing communications if you have separately opted in. Opt-in is never a condition of placing an order. If you opt in to marketing SMS, you can opt out by replying STOP. If you opt in to marketing email, you can opt out by clicking the unsubscribe link. Opt-out requests are processed within ten (10) business days.

7.3 Consent to Electronic Records

By using the Platform, you consent to receive all communications, agreements, notices, disclosures, and other documents from us in electronic form. You may withdraw this consent only by closing your account.

8. Acceptable Use and Prohibited Conduct

You agree not to use the Platform for any unlawful purpose or in violation of the Acceptable Use Policy. Without limiting that policy, you specifically agree not to: use the Platform if you are under 18 (or under 21 for orders containing alcohol); misrepresent your age or identity; create more than one account; order on behalf of any person under 21; submit fraudulent payment information; initiate fraudulent chargebacks; harass, threaten, abuse, or discriminate against any Bar staff or DrinkUp personnel; use automated means to access the Platform; reverse-engineer the Platform; resell or commercially exploit the Platform; damage or interfere with the Platform; or attempt unauthorized access. Violation may result in suspension or termination and may be reported to law enforcement.

9. Refunds and Cancellation

Refunds and cancellations are governed by our Refund Policy, which is incorporated into these Terms by reference. In summary: you may cancel an order before Bar acceptance for a full refund; after Bar acceptance, cancellation is at the Bar's discretion; if your order is not prepared, you will receive a refund; if pickup is refused under Section 6.3, no refund will be issued; the convenience fee is non-refundable except where required by law or for orders the Bar fails to prepare.

10. Intellectual Property

10.1 DrinkUp's Property

The Platform, including all software, text, graphics, logos, images, audio, video, user interfaces, and the selection and arrangement thereof, is owned by DrinkUp or our licensors and is protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws. "DrinkUp" and our logos are trademarks of White Glove Integrated Solutions LLC. Nothing in these Terms grants you any right or license to use any DrinkUp trademark.

10.2 Bar Content

Bar names, logos, menus, prices, photos, and descriptions are provided by the Bars and remain their property. DrinkUp's display of this content is licensed by the Bars to DrinkUp for purposes of operating the Platform.

10.3 Your Content

If you submit any content to the Platform (e.g., a review, rating, photo, or feedback), you grant DrinkUp a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display that content in any media. You represent that you own or have permission to grant this license.

11. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRINKUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; WARRANTIES THAT INFORMATION OR CONTENT OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE; AND WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGAL COMPLIANCE OF ANY FOOD, BEVERAGE, OR SERVICE PROVIDED BY ANY BAR. DRINKUP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY BAR OR ANY PRODUCT OR SERVICE OFFERED BY A BAR THROUGH THE PLATFORM. ANY CLAIMS REGARDING FOOD QUALITY, SAFETY, ALCOHOL SERVICE, OR PREPARATION ARE BETWEEN YOU AND THE BAR.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

12.1 No Indirect Damages. IN NO EVENT WILL DRINKUP, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL) ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, ANY BAR, ANY PRODUCT, OR THESE TERMS, EVEN IF DRINKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Direct Damages. DRINKUP'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO DRINKUP IN CONVENIENCE FEES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12.3 Alcohol-Specific Limitations. WITHOUT LIMITING THE FOREGOING, DRINKUP HAS NO LIABILITY FOR ANY INJURY OR DAMAGE CAUSED BY OR RESULTING FROM THE INTOXICATION OF ANY PERSON, OR FROM THE SERVICE, REFUSAL OF SERVICE, OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE; ANY DECISION BY A BAR TO SERVE OR REFUSE TO SERVE ANY PERSON; ANY MISREPRESENTATION OF AGE BY ANY CUSTOMER; OR ANY ACT OR OMISSION OF ANY BAR OR ITS PERSONNEL.

12.4 Florida Dram Shop Law. YOU ACKNOWLEDGE THAT UNDER FLA. STAT. § 768.125, A PERSON WHO SELLS OR FURNISHES ALCOHOLIC BEVERAGES TO A PERSON OF LAWFUL DRINKING AGE IS NOT LIABLE FOR INJURY OR DAMAGE CAUSED BY OR RESULTING FROM THE INTOXICATION OF SUCH PERSON. DRINKUP IS NOT A VENDOR OR LICENSEE OF ALCOHOLIC BEVERAGES AND IS NOT LIABLE FOR ANY ALCOHOL-RELATED INJURY OR DAMAGE.

12.5 Essential Purpose. THE LIMITATIONS IN THIS SECTION 12 ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND DRINKUP AND APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless DrinkUp, its affiliates, and their respective officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use or misuse of the Platform; your violation of these Terms or any applicable law; your misrepresentation of your age or identity; your interactions with any Bar; your consumption of, or actions taken under the influence of, any alcoholic beverage purchased through the Platform; any chargeback or payment dispute you initiate; any content you submit; or any breach by you of any representation, warranty, or obligation under these Terms.

DrinkUp reserves the right, at its expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with DrinkUp.

14. Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights.

14.1 Agreement to Arbitrate

Except as provided in Section 14.3, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitrator's decision will be final and binding.

14.2 Class Action Waiver

You and DrinkUp each agree that any Dispute will be resolved only on an individual basis and not as a class, consolidated, or representative action. If this class action waiver is found unenforceable, then the entirety of Section 14 will be null and void.

14.3 Exceptions

The following are not subject to arbitration: claims for injunctive or other equitable relief to protect intellectual property rights; small claims court actions (provided the claim qualifies for and remains in small claims court and is brought on an individual basis only); and disputes between DrinkUp and Bars (governed by separate agreements).

14.4 Opt-Out

You may opt out of this arbitration agreement by sending a written opt-out notice to hello@drinkupapp.com within thirty (30) days of first accepting these Terms. The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other terms of this agreement.

15. Governing Law and Venue

These Terms and any Dispute (including non-contractual disputes) are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. To the extent any Dispute is not subject to arbitration under Section 14, you and DrinkUp consent to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above and, for material changes, provide notice through the Platform (such as an in-app banner) and/or by email to the address associated with your account. Continued use of the Platform after the effective date of revised Terms constitutes your acceptance of those Terms.

17. Termination

You may stop using the Platform at any time and may close your account by contacting hello@drinkupapp.com.

We may suspend or terminate your access to the Platform, with or without notice, for any reason, including violation of these Terms, attempted age misrepresentation, suspected fraud, abusive conduct, or for any business reason.

Termination does not relieve you of obligations incurred prior to termination. Sections that by their nature should survive termination (including Sections 10, 11, 12, 13, 14, 15, and 18) will survive.

18. General

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and DrinkUp regarding the Platform and supersedes all prior or contemporaneous agreements, communications, and proposals (whether oral, written, or electronic).

18.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

18.3 No Waiver

DrinkUp's failure to enforce any provision of these Terms will not constitute a waiver of that provision or of any other provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

18.5 Relationship

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and DrinkUp, or between you and any Bar.

18.6 Force Majeure

DrinkUp will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, civil unrest, government action, labor disputes, internet outages, payment processor outages, or failures of third-party services.

18.7 Notices

Notices to DrinkUp must be sent in writing to: White Glove Integrated Solutions LLC d/b/a DrinkUp, 4718 Dunquin Place, Tampa, FL 33610, or by email to hello@drinkupapp.com. Notices to you may be sent to the email address or phone number associated with your account.

18.8 Contact

Email: hello@drinkupapp.com
Mail: White Glove Integrated Solutions LLC d/b/a DrinkUp, 4718 Dunquin Place, Tampa, FL 33610

By using DrinkUp, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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