1. Acceptance
These Terms of Service (the "Terms") are a binding agreement between you and Beiler Ventures LLC ("Mudl", "we", "us" or "our"). Mudl is a registered assumed business name of Beiler Ventures LLC, a North Carolina limited liability company. They govern your use of Mudl's mobile and web applications, the website at trymudl.com and related services (the "Service").
By creating an account, including the guest account Mudl creates when you first open the app, or by using the Service, you agree to these Terms, including the alcohol assumption of risk and release in Section 10, and acknowledge our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
The Service is operated by:
Beiler Ventures LLC (doing business as MUDL)30 Westgate Pkwy PMB 59
Asheville, NC 28806
United States
(828) 367-9409
2. Eligibility
You must be at least 21 years of age and of legal drinking age where you reside. The Service is intended for use in the United States. By using it you represent that you meet these requirements and have the legal capacity to enter into these Terms. We will close any account we determine belongs to a person under 21.
3. Accounts
(a) You agree to provide accurate information and keep it current. You are responsible for all activity under your account and for safeguarding your credentials and any connected sign-in provider account. Notify us at [email protected] of any unauthorised use. You may not transfer your account or create one for an ineligible person.
(b) On first launch the app creates a guest account on your device, which you may delete from within the app. Signing in converts it as described in the Privacy Policy.
(c) You may delete your account at any time as described at /account-delete. We may suspend or terminate your account, with or without notice, if you breach these Terms, if the law requires or if the account presents a security risk, and may discontinue the Service or any part of it.
4. Acceptable Use
(a) Prohibited conduct. You agree not to:
- encourage, promote or facilitate excessive, unsafe or unlawful consumption of alcohol;
- make alcohol available to any person under the legal drinking age, or assist any person in obtaining alcohol unlawfully;
- violate any applicable law, including alcohol laws;
- impersonate any person or misrepresent your affiliation with any business;
- post content that is unlawful, infringing, defamatory, harassing, threatening, hateful or sexually explicit, or that depicts or targets minors in connection with alcohol;
- harass, abuse or threaten any other user;
- upload malware, probe or breach the Service's security, or interfere with its operation;
- scrape, bulk-download or systematically extract content, or access the Service by automated means outside the interfaces we publish; or
- send unsolicited advertising.
(b) No tolerance. We have no tolerance for objectionable content or abusive users. We may remove or restrict any content, and suspend or terminate any account, that violates this Section, without notice or liability to you. We have no obligation to monitor content and reserve the right to review it.
(c) Reporting. Venue photographs are screened by an automated system before display. You may report an inaccurate venue listing or an outdated menu within the application, may unfollow or remove any user and may select who sees your check-ins and reviews. Report any other objectionable content or conduct to [email protected].
5. Your Content
(a) "Your Content" means everything you submit to the Service, including recipes, inventory, ratings, reviews, photographs, check-ins, night-card images, feedback, messages and, if you operate a venue, menus, announcements, events and venue information.
(b) You retain your rights in Your Content and grant Beiler Ventures LLC a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, reformat, display and distribute it to operate, secure and improve the Service and to display it to the audience you select. The licence ends when you delete the content or your account, except for backup copies, content the law requires us to keep and the records retained as described in the Privacy Policy.
(c) You are solely responsible for Your Content and represent that you have the rights to it, that it infringes no third party's rights and that it complies with these Terms. Ratings and reviews must reflect your genuine experience; paid, traded or fabricated ratings are prohibited, and you must disclose any financial interest in a venue you review.
(d) We may remove or restrict Your Content that we believe violates these Terms or applicable law. To report content that infringes your copyright or trademark, send a notice to [email protected] identifying the work, the content and your contact information.
6. Venue Claims
A person acting for a venue may claim its listing by verifying a work email address on the venue's domain or by submitting a supporting document for review. By submitting a claim you represent that you are authorised to act for the business and that the information and content you provide will be accurate and lawful. We decide in our sole discretion whether to approve a claim and may reverse it or revoke venue access at any time. Claiming a listing confers no ownership of the listing or of our venue data, and we may continue to display information about a venue from public sources.
7. Intellectual Property
The Service, including its software, design, text, imagery and the selection and arrangement of cocktail and venue information, is owned by Beiler Ventures LLC or its licensors and protected by copyright, trademark and other laws. The MUDL name, mark and logos are trademarks of Beiler Ventures LLC. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. We reserve all rights not expressly granted. Brand, product and venue names displayed on the Service belong to their owners, and their appearance implies no affiliation or endorsement.
8. Third-Party Services
The Service relies on third-party services, including sign-in providers (Google, Facebook and Apple); hosting, storage and email providers; artificial-intelligence model providers that process photographs and text you submit; a web-search provider; map-tile, geocoding and place-search services based on OpenStreetMap data; and venue data from Foursquare's open dataset and venues' own websites. We do not control these services and are not responsible for them; their own terms govern your use of them. What they receive is described in our Privacy Policy.
9. Disclaimers
(a) Free service; your responsibility. The Service is provided free of charge. You are responsible for your use of the Service and for every decision you make in reliance on it.
(b) As is. The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free.
(c) Information. Venue information, including hours, menus, prices and whether a venue is open, is compiled from public sources, venue websites and venue operators and may be incomplete, inaccurate or out of date. Menus read from images, descriptions, strength figures and generated recipes may be produced by automated systems, including artificial-intelligence models, and may contain errors.
(d) Where the law does not permit the exclusion of certain warranties, the exclusions above apply to the extent permitted.
10. Alcohol: Assumption of Risk and Release
(a) Nature of the Service. Mudl provides recipes, venue listings, menus, prices and social features for adults of legal drinking age. Beiler Ventures LLC does not sell, serve, deliver or supply alcohol, does not act for any venue, brand or retailer, and has no knowledge of or control over what, where, how much or with whom you drink.
(b) Assumption of risk. You acknowledge that consuming alcohol carries inherent and serious risks, including intoxication, impaired judgment and coordination, injury, illness, dependency, death, property damage, and arrest, citation, fine or prosecution, including for operating a vehicle, boat or machinery while impaired. You voluntarily assume all such risks, whether or not you learned of a drink, recipe or venue through the Service.
(c) Release. To the fullest extent permitted by applicable law, you release and discharge Beiler Ventures LLC and its members, managers, employees and contractors from all claims, demands, losses and liabilities of every kind, known or unknown, arising out of or relating to: (i) your or any other person's consumption of alcohol; (ii) your conduct or condition after drinking; (iii) any recipe, measurement, ingredient, strength or ABV figure in the Service, or any drink made from one; (iv) alcohol you serve, purchase or provide to another person; and (v) any venue, event or third party you locate through the Service, and anything that occurs there.
(d) Not a safety measure. Strength and ABV figures are approximations and are not a measure of fitness to drive or to continue drinking. Nothing in the Service is medical, health, dietary or allergen advice.
(e) Serving others. If you serve alcohol to others you are solely responsible for compliance with dram-shop, social-host and licensing laws, including not serving persons under 21 or visibly intoxicated persons.
(f) Limits. This Section does not release liability for gross negligence, wilful misconduct or fraud, or any liability that cannot be released under applicable law. This Section survives termination of these Terms and applies in addition to Section 11.
(g) Nothing in the Service is intended to encourage consumption of alcohol by any person under 21. If you are concerned about your drinking or another person's, the SAMHSA National Helpline is 1-800-662-HELP (4357), free, confidential and available 24 hours a day.
11. Limitation of Liability
(a) To the fullest extent permitted by law, Beiler Ventures LLC and its members, managers, employees and contractors shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data, goodwill or business, arising out of or relating to these Terms or your use of or inability to use the Service, under any theory of liability, including the matters released in Section 10.
(b) To the same extent, the aggregate liability of Beiler Ventures LLC for all claims arising out of or relating to these Terms or the Service shall not exceed one hundred United States dollars (US$100).
(c) Where the law does not allow the limitation or exclusion of certain damages, the limitations above apply to the extent permitted. Nothing in these Terms limits liability for fraud or for any liability that cannot be limited by law.
12. Indemnification
You agree to defend, indemnify and hold harmless Beiler Ventures LLC and its members, managers, employees and contractors from any third-party claim, loss, liability and expense, including reasonable attorneys' fees, arising out of Your Content, your use of the Service, your breach of these Terms or your violation of any law or of another's rights.
13. Governing Law; Miscellaneous
(a) These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-laws rules, and shall be brought exclusively in the state or federal courts located there; you consent to their jurisdiction.
(b) If any provision is held unenforceable it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Sections 5(b) as to retained content, 7 and 9 through 14 survive termination.
14. Apple and Google
(a) Application. This Section applies when you use the Service through an application obtained from the Apple App Store or Google Play. These Terms are between you and Beiler Ventures LLC only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Beiler Ventures LLC, not Apple or Google, is solely responsible for the application and its content, for maintenance and support, and for addressing any claim by you or a third party relating to the application or your use of it, including product-liability claims, claims that the application fails to conform to a legal or regulatory requirement, consumer-protection or privacy claims, and claims that the application infringes a third party's intellectual-property rights. Apple and Google have no obligation to furnish maintenance or support services.
(b) Licence. Your licence to the application is limited, non-transferable and for use on devices you own or control, as permitted by the Apple Media Services Terms and Conditions or the Google Play Terms of Service, including their family-sharing and volume-purchase rules, and these Terms do not conflict with them.
(c) Warranty. The application is provided without charge. If it fails to conform to any applicable warranty that is not effectively disclaimed in Section 9, you may notify Apple and Apple will refund any purchase price paid; Apple has no other warranty obligation.
(d) Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms, including your wireless-data agreement, when using the application.
(e) Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce them against you.
(f) Contact. Questions, complaints or claims about the application: (828) 367-9409, [email protected], or the address in Section 1.
15. Changes and Contact
We may amend these Terms. The "Last updated" date at the top of this page shows the current version, and a material change will be announced in the app before it applies. Continued use after an amendment applies is acceptance of the amended Terms. Send questions to [email protected]. Our mailing address is:
Beiler Ventures LLC (doing business as MUDL)30 Westgate Pkwy PMB 59
Asheville, NC 28806
United States
(828) 367-9409