Terms of Service and End User License Agreement

Last Modified: September 16, 2026

This Terms of Service and End User License Agreement (the “Agreement”) constitutes a binding agreement between you (or the entity you represent) and Bold Coast Creative LLC, a Maine limited liability company (“Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Mashpad iOS mobile application (the “Application”), which is licensed, not sold, to you, and your access to and use of Company’s website at https://www.mashpad.io (the “Website”).

1. Acceptance of Terms

By clicking “I Agree,” or by downloading, installing, accessing, or using the Application, or by accessing or using the Website, you acknowledge that you have read and understand this Agreement and agree to be bound by it. You represent that you are of the legal age to purchase or consume alcohol or to otherwise engage in activities of the Application in your jurisdiction, and in no event under 18 years of age, have the legal capacity to enter into a binding contract under the laws of your jurisdiction, and that you will use the Application only where and when doing so is lawful. If you are accepting this Agreement on behalf of an entity, you represent that you have authority to bind that entity. These age and eligibility requirements apply to every person who accesses or uses the Application or the Website, including any user accessing the Application via Family Sharing or volume purchasing, and not only the person who purchased it. If you do not agree to this Agreement, do not download, install, access, or use the Application or the Website, and delete the Application from your mobile device.

2. License Grant

Subject to this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application solely for your personal or internal business purposes on mobile devices that you own or control. The Application is made available on a tiered basis: the base version is provided free of charge and permits you to create and maintain a limited number of logs, and additional or expanded functionality, including the ability to create additional logs, is available only upon purchase of the applicable paid upgrade through the Apple App Store as described in Section 16. The license to use any paid feature is contingent on payment of the applicable price. Notwithstanding the foregoing, to the extent required by the usage rules of the Apple App Store, the Application may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, in each case as those features are offered through the Apple App Store, and any such access and use is under, and limited to, the same license granted above and is subject to the same restrictions and reservation of rights set out in this Agreement. Each person who accesses or uses the Application, including any user accessing it via Family Sharing or volume purchasing, receives only the limited license described in this Section, acquires no ownership interest in the Application, is bound by this Agreement, and makes the representations in Section 1 as a condition of that access and use. You must not permit access to or use of the Application by any person who does not meet those requirements. Any access to content or services made available in or through the Application is also subject to this Agreement and any additional terms that apply to that content or those services.

3. Restrictions on Use

Except as may be expressly permitted by applicable law or this Agreement, you may not copy the Application, modify or create derivative works from it, reverse engineer or attempt to access its source code, remove proprietary notices, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Application available to any third party except as expressly permitted by Company. You may not use the Application or the Website in violation of applicable law or in a way that infringes intellectual property rights or harms the Application, the Website, or other users.

4. Intellectual Property Rights

You acknowledge and agree that the Application and the Website are provided under license and that you acquire no ownership interest in the Application, the Website, or any intellectual property rights in them other than the limited rights expressly granted under this Agreement. Company and its licensors reserve all right, title, and interest in and to the Application and the Website, including all copyrights, trademarks, and other intellectual property rights in or relating to them.

As between you and Company, you retain all right, title, and interest in and to the production data, recipes, photos, notes, and other content you create or enter in the Application (“Your Content”). Company does not claim any ownership of Your Content.

5. Information Collection and Privacy

The Application is designed to operate fully offline and does not require an account or login. As of the Last Modified date of this Agreement, Company does not intentionally collect, transmit, or receive personal information about you through the Application, and all data you create or enter in the Application is designed to be stored locally on your device, except that pre-release beta builds distributed via Apple TestFlight may transmit anonymized crash and diagnostic information as described in Section 13. Because your data is stored solely on your device, you are responsible for maintaining and safeguarding it, including retaining your own backups; Company is not able to recover data that is lost, deleted, or corrupted. Company’s handling of information in connection with the Application is described in our Privacy Policy at https://www.mashpad.io/privacy, which is incorporated into this Agreement by reference. In the event of any conflict between the statements in this Section and the Privacy Policy, this Agreement will control with respect to liability, disclaimers, and user obligations, and the Privacy Policy will control with respect to Company’s data-handling practices.

6. Compliance with Law; No Legal Advice

The Application is provided as an informational logbook, recipe-planning, and calculation tool for tracking activities relating to distilled spirits, including fermentation, distillation, aging, and bottling. Company does not endorse, encourage, or intend the Application to be used for any unlawful activity. The Application does not authorize, license, encourage, or endorse any activity, and it does not constitute legal, tax, regulatory, or professional advice. The production of distilled spirits is heavily regulated and, in many jurisdictions, is unlawful without appropriate permits, bonds, and licenses; in the United States, distilling beverage alcohol without a federal permit is illegal regardless of state law, and comparable or stricter prohibitions and licensing requirements apply in many other countries. You agree to comply with, and are solely responsible for determining and complying with, all applicable laws, regulations, licensing, permitting, and tax requirements that apply to your activities in your jurisdiction, including, in the United States, the Internal Revenue Code, the regulations of the Alcohol and Tobacco Tax and Trade Bureau (TTB), and applicable state alcohol-beverage laws, and, outside the United States, the equivalent national, regional, and local laws and regulatory authorities that govern the production of distilled spirits, and you assume all risk and liability arising from your use of the Application and any activity you undertake. Whether your activity is lawful is a question for you and your own legal counsel; Company does not advise on it and makes no representation that use of the Application, or any activity recorded or planned using it, is lawful in your jurisdiction or appropriate for any particular use.

7. Calculator Outputs; Safety; Assumption of Risk

The Application may include calculators and other tools that generate estimates and outputs, such as alcohol content, proofing, dilution, yields, and similar values. Company does not warrant the accuracy, reliability, completeness, or suitability of any calculation, output, or other information provided through the Application, and you rely on them at your own risk, including for any purpose affecting safety, product quality, or tax or excise obligations. Distillation and related activities can be hazardous and may involve flammable materials, heat, and pressure. Any safety-related information, warnings, or prompts that the Application may provide are general and informational only, are not comprehensive, and are not a substitute for proper training, professional guidance, and your own judgment; the Application is not intended to serve as a source of safety instructions, and you are solely responsible for conducting any activity safely and in accordance with applicable requirements. You assume all risks associated with any physical activity you undertake in connection with the Application. Distillation involves inherent physical risks, including but not limited to methanol poisoning, thermal burns from hot liquids, vapor, and equipment surfaces, fire, and the rupture or explosion of improperly pressurized or vented systems. You acknowledge these risks, accept full responsibility for your own physical safety and that of anyone in the vicinity of your operations, and agree that Company is not liable for any injury, illness, property damage, or death arising from your activities, whether or not those activities were informed by outputs from the Application.

The calculators, estimators, and other tools in the Application apply standard calculations to user-configurable defaults and user-supplied inputs, and their outputs are only as reliable as those defaults and inputs. Any defaults, presets, or templates provided with the Application, including wash profiles, still presets, and sample/example recipe templates, are provided only as starting points for your own configuration, and Company makes no representation that any default, preset, or template will correspond to the behavior of your specific equipment, materials, or conditions. The outputs of the Application are intended to support, and are not a substitute for, your own judgment, and you are solely responsible for independently verifying any output by direct observation and measurement before relying on it for any purpose.

8. Changes to this Agreement

Company may update this Agreement from time to time, and the latest version will be posted on Company’s Website and, where practicable, in the Application, and identified by a Last Modified date. You should review the current version before using the Application, and, to the extent permitted by applicable law, your continued use of the Application after a posted change constitutes acceptance of the updated Agreement.

9. Term and Termination

This Agreement begins when you accept it and continues until terminated. You may terminate this Agreement at any time by deleting the Application and all copies from your mobile devices. Company may terminate this Agreement at any time, for any reason or no reason, or discontinue or cease supporting the Application, by providing notice to you (including by posting notice within the Application or on Company’s website). Company may also terminate this Agreement immediately, with or without notice, if you breach this Agreement or use the Application in violation of applicable law. On termination, all rights granted to you under this Agreement end, and you must stop using and delete all copies of the Application. Termination does not entitle you to any refund except as required by applicable law, and any refund requests are handled exclusively by Apple in accordance with the App Store’s refund policies.

Provisions of this Agreement that by their nature should survive termination will survive termination, including but not limited to, Section 4 (Intellectual Property Rights), Section 5 (Information Collection and Privacy), Section 6 (Compliance with Law; No Legal Advice), Section 7 (Calculator Outputs; Safety; Assumption of Risk), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Apple App Store Additional Terms), Section 14 (Entire Agreement), Section 15 (Governing Law and Venue), and Section 19 (Export Compliance), together with any payment or other obligations that accrued prior to termination.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE WEBSITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS AND DEFECTS” AND COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO WARRANTY THAT THE APPLICATION OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, BE SECURE, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT TO THE EXTENT A DIFFERENT RULE IS REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNT YOU PAID FOR THE APPLICATION OR TWENTY U.S. DOLLARS ($20). NOTHING IN THIS SECTION LIMITS YOUR OBLIGATIONS UNDER SECTION 12 (INDEMNIFICATION).

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such provision applies to you, the exclusions and limitations in this Section apply to the maximum extent permitted by applicable law.

12. Indemnification

To the maximum extent permitted by applicable law, you will indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ and paralegal’s fees, arising out of or related to your use of the Application or the Website, any activity you undertake in connection with the Application or the Website, including any activity carried on by you in connection with distillation and any alleged unlicensed production of distilled spirits, your violation of this Agreement, or your violation of any applicable law or the rights of any third party.

13. Apple App Store Additional Terms

The following additional terms apply if you download the Application from the Apple App Store or obtain it through Apple TestFlight. This Agreement is between you and Company only, and not with Apple Inc. (“Apple”), and Apple is not responsible for the Application or its content. Your license to use the Application is limited to a non-transferable license to use the Application on any Apple-branded device that you own or control, as permitted by the applicable Usage Rules.

If you obtain the Application from the Apple App Store or TestFlight, your use is also subject to the Apple Media Services Terms and Conditions and any beta-testing terms presented to you.

If you are using the Application via Apple TestFlight, you understand that you are using pre-release software that may contain bugs, errors, incomplete features, or inaccuracies. Company may modify, suspend, or discontinue the beta at any time without notice. Beta versions are provided “AS IS” with no warranty whatsoever. Company may receive anonymized crash and diagnostic information from beta builds, in addition to general-release builds, to diagnose and fix defects. Your use of the beta is governed by Apple’s beta-testing terms in addition to this Agreement.

Apple has no obligation to furnish any maintenance or support services with respect to the Application. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Application to conform to any warranty will be Company’s sole responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession or use of the Application, including, but not limited to, product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Your export compliance obligations and representations are set out in Section 19 (Export Compliance), which you also make for the benefit of Apple. You must comply with any applicable third-party terms of agreement when using the Application. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right to enforce this Agreement against you as a third-party beneficiary.

14. Entire Agreement

This Agreement, together with the Privacy Policy and any website terms of use or additional terms expressly incorporated by reference, constitutes the complete and integrated Agreement between you and Company with respect to the matters addressed in this Agreement.

15. Governing Law and Venue

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter are governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of laws principles. To the extent permitted by applicable law, you agree that any legal action or proceeding arising out of or relating to this Agreement or the Application will be brought exclusively in the state or federal courts located in the State of Maine, and you consent to the personal jurisdiction of, and venue in, those courts. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION. Nothing in this Section limits any mandatory consumer-protection rights available to you under the laws of your place of residence.

16. Fees; Purchase

The Application is available to download and use free of charge in its base version, which permits a limited number of logs and features. Additional or expanded functionality, including the ability to create additional logs, is available through a paid in-app upgrade, the price of which is disclosed at the point of purchase through the Apple App Store. All purchases are processed by Apple in accordance with the App Store’s terms. Company does not process payments or issue refunds directly; all refund requests are handled exclusively by Apple in accordance with the App Store’s refund policies and applicable law. Purchase of the paid upgrade entitles you to the expanded license granted under this Agreement for the features unlocked and does not obligate Company to provide any updates, upgrades, or support except as expressly stated in this Agreement. Company may change the features included in the free and paid tiers, and may add, modify, or discontinue additional paid versions, features, or in-app purchases, which will be subject to the pricing and payment terms disclosed at the point of purchase.

17. Updates and Upgrades

Company may, but is not obligated to, provide updates, upgrades, patches, bug fixes, or new versions of the Application (each, an “Update”). Some Updates may be required in order to continue using the Application. Updates are delivered through the Apple App Store or TestFlight and are subject to Apple’s terms in addition to this Agreement. Any Update provided by Company is part of the Application and is governed by this Agreement, unless the Update is accompanied by separate terms, in which case those separate terms will govern. Company is under no obligation to provide any maintenance or support for the Application.

18. Third-Party and Open Source Components

The Application may include third-party or open source software components that are licensed under their own terms. To the extent required by the applicable third-party or open source license, those terms will govern your use of the relevant component and, in the event of a conflict with this Agreement, will control solely with respect to that component.

19. Export Compliance

You must comply with all applicable export control and economic sanctions laws and regulations, including those of the United States and of any other jurisdiction that applies to you. You represent that you are not located in, and will not use or export or re-export the Application to, any jurisdiction subject to a comprehensive embargo under applicable law (including any comprehensive U.S. embargo) or that has been designated by the U.S. Government or any other applicable governmental authority as a “terrorist supporting” or similarly restricted country, and that you are not identified on any list of prohibited or restricted parties maintained by the U.S. Government or any other applicable governmental authority. You may not use the Application for any purpose prohibited by applicable export control or sanctions laws.

20. Miscellaneous

You may not assign or transfer this Agreement or any rights or obligations under it, by operation of law or otherwise, without Company’s prior written consent, and any attempted assignment in violation of this Section is void; Company may freely assign this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Company’s failure to enforce any provision of this Agreement is not a waiver of its right to enforce that provision or any other provision later. Company will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control. The section headings in this Agreement are for convenience only and do not affect its interpretation.

21. Contact Information

If you have any questions about the Application or this Agreement, or need to contact Company for support, you may reach Company at info@mashpad.io or: