Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Wink Coffee LLC ("Wink Coffee," "we," "us," or "our") governing your use of our website at winkcoffee.com, our mobile applications, and the products we sell (together, the "Services"). By using the Services you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility and Accounts

• You must be at least 18 years old, or the age of legal majority in your jurisdiction, to place an order or create an account.
• You agree to provide accurate information when creating an account and to keep that information up to date.
• You are responsible for maintaining the confidentiality of your password and for every action taken under your account.
• You agree to notify us promptly of any unauthorized use of your account.

2. Orders, Pricing, and Payment

• All prices are in United States dollars unless otherwise stated and are subject to change without notice.
• We reserve the right to refuse or cancel any order, including for suspected fraud, pricing errors, or product unavailability. If we cancel an order that has already been charged, we will refund the charge.
• Payment is due at the time of purchase. We accept the payment methods listed at checkout and process payments through Shopify Payments and Stripe.
• You are responsible for any applicable taxes, duties, or shipping fees.
• Subscriptions (if offered) renew automatically at the frequency you select until you cancel. You can cancel in your account settings or by contacting support.

3. Shipping, Returns, and Refunds

• We ship coffee and merchandise to the addresses and regions listed at checkout. Delivery times are estimates and are not guaranteed.
• Because coffee is a perishable food product, we cannot accept returns of opened coffee. If your order arrives damaged, defective, or incorrect, contact us within 14 days of delivery and we will make it right — typically with a replacement or refund.
• Non-coffee merchandise in unused, resalable condition may be returned within 30 days of delivery. You are responsible for return shipping.

4. Mobile Application

• The Wink Coffee mobile app is licensed, not sold, to you. We grant you a limited, non-transferable, non-exclusive license to use the app on devices you own or control, solely for your personal, non-commercial use.
• In-app virtual items, currencies, streaks, achievements, and cosmetic goods have no real-world monetary value, cannot be exchanged for cash, and are non-transferable. We may modify, suspend, or remove virtual items at any time.
• If you download the app from the Apple App Store or Google Play, you also agree to that store's terms. Apple and Google are not responsible for the app or its content.
• We may release updates to the app; you agree to install required updates to continue using the Services.

5. User Conduct

When using the Services, you agree not to:

• Use the Services in violation of any applicable law, regulation, or third-party right.
• Impersonate any person or misrepresent your affiliation with any person.
• Upload or transmit viruses, malware, or other harmful code.
• Attempt to probe, scan, or test the vulnerability of the Services, or bypass any security or authentication measure.
• Scrape, harvest, or otherwise collect information about other users without their consent.
• Use the Services to send unsolicited commercial messages or to conduct any fraudulent activity.
• Interfere with or disrupt the Services or servers or networks connected to the Services.

6. User-Generated Content

If you post reviews, ratings, photos, or other content on the Services ("User Content"), you represent that you own or have all necessary rights to do so. You grant Wink Coffee a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, reproduce, modify, adapt, publish, translate, and display that User Content in connection with operating, marketing, and improving the Services. We may remove any User Content at our discretion.

7. Intellectual Property

The Services — including all text, graphics, logos, images, software, pixel-art assets, mobile-game content, and the Wink Coffee brand — are owned by Wink Coffee or its licensors and are protected by copyright, trademark, and other intellectual-property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our written permission, except as expressly permitted by these Terms.

8. Third-Party Services

The Services integrate with third-party services including Shopify, Stripe, Apple, Google, Meta (Facebook / Instagram), and shipping carriers. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

9. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Wink Coffee disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the fullest extent permitted by law, in no event will Wink Coffee, its officers, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages. Our aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of one hundred U.S. dollars ($100) or the amount you paid us in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.

11. Indemnification

You agree to indemnify and hold harmless Wink Coffee and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms, your User Content, or your violation of any law or third-party right.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including for violation of these Terms. You may stop using the Services and request deletion of your account at any time; see our Data Deletion page.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, notify you by email or in-app notice. Your continued use of the Services after the changes take effect constitutes your acceptance of the updated Terms.

15. Miscellaneous

• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wink Coffee regarding the Services.
• If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
• Our failure to enforce any right or provision of these Terms will not be considered a waiver.
• You may not assign these Terms without our prior written consent; we may assign them freely.

16. Contact

Wink Coffee LLC
Austin, TX, USA
Email: hello@winkcoffee.com