Terms of Service

Last Updated: February 28, 2025

Welcome to Barista Agent (“Service”), an AI-driven platform developed by Evan Fenster (“we,” “us,” or “our”) that helps you find your next favorite coffee bean and facilitates the purchase process. By creating an account and using our Service, you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”). These Terms also serve as our Privacy Policy.

1. Acceptance of Terms

By accessing or using Barista Agent, you agree to comply with and be legally bound by these Terms. If you do not agree with these Terms, please do not create an account or use our Service.

2. Eligibility and Account Creation

Eligibility: You must be at least 18 years of age and capable of entering into a binding agreement to use our Service.

Account Registration: A user account is required to access and use our Service. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Service Description

Barista Agent is an AI chatbot that assists users in identifying coffee beans of interest. When you select “Buy Now,” you will complete a payment through Stripe. Upon payment, our system uses the provided card details (processed securely by Stripe) and the shipping information you supply to complete a purchase on your behalf from a designated website. We do not store any card information; only shipping details are retained for the purpose of fulfilling your order.

4. Agency Relationship and Purchase Process

When you use our Service to place an order for coffee beans or related products, you authorize the purchase of those goods from the retailers we select on your behalf. You acknowledge and agree that:

  • Barista Agent is acting as your agent in the ordering, purchasing, and arranging delivery of goods purchased by you;
  • The retailer—not Barista Agent—is the seller of the goods to you;
  • Title to any goods passes to you when they are purchased from the applicable retailer's store or website;
  • Barista Agent will obtain an authorization for your payment method on file with Stripe to cover the cost of the goods purchased from the retailer on your behalf, plus any applicable fees, taxes, and/or shipping costs;
  • Your payment method will be charged for the goods purchased by Barista Agent on your behalf and any applicable fees, taxes, and/or shipping costs.

Customer Service and Returns:

As your purchasing agent, Barista Agent will make reasonable efforts to assist with customer service issues, including:

  • Communicating with retailers regarding order status, shipping delays, or product quality issues;
  • Facilitating returns or exchanges according to the retailer's policies;
  • Providing order tracking information when available.

However, you understand that as we are purchasing products on your behalf from third-party retailers:

  • All purchases are subject to the retailer's terms, conditions, and return policies;
  • We cannot guarantee acceptance of returns or exchanges beyond what the retailer's policies allow;
  • In the event of product defects or shipping damage, we will work as your agent to seek appropriate remedies from the retailer.

5. Payment and Refunds

Payment Processing: Payments are processed by Stripe, a third-party payment provider. By using our Service, you agree to be bound by Stripe’s terms and privacy policies.

Transaction Process: Once you complete the Stripe checkout, we immediately initiate a purchase via an automated agent. If the transaction fails, an instant refund is triggered through Stripe (typically within 2 minutes; however, processing times may vary based on Stripe’s policies).

6. Privacy and Data Collection

This section outlines how we collect, use, and protect your personal information:

Information Collected:

  • Shipping Information: We collect and retain your shipping address provided during the purchase process to complete your order.
  • Payment Information: All payment data is processed exclusively by Stripe. We do not collect or store any card information.
  • Account Information: When you create an account, you provide personal details necessary to manage your account and use our Service.

Use of Information:

  • Your shipping information is used solely for the purpose of fulfilling your order.
  • Account information is used to manage your account and support your use of the Service.
  • Payment details remain with Stripe and are not stored by Barista Agent.

Data Security and Retention:

  • We implement reasonable measures to protect your personal information; however, no transmission method or storage system is completely secure.
  • Shipping and account information will be retained only as long as necessary to fulfill your order and to comply with applicable legal obligations.

Your Rights:

You may access, correct, or request deletion of your personal information by contacting us using the details provided below.

7. Third-Party Services

Our Service integrates with third-party providers, including Stripe for payment processing and external websites for order fulfillment. We do not control and are not responsible for the actions, policies, or content of these third parties. Any issues arising from these services should be directed to the respective third-party provider.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Barista Agent and its developer shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or other intangible losses) arising from:

  • The use or inability to use the Service;
  • Errors or omissions in the functionality or content of the Service;
  • Actions taken in reliance on information provided by the Service;
  • Any issues arising from third-party services.

In any event, our total liability to you for all claims shall not exceed the amount you paid for the transaction in question.

9. Indemnification

You agree to indemnify, defend, and hold harmless Barista Agent, its developer, and affiliated parties from any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Service,
  • Your violation of these Terms,
  • Any infringement by you of any intellectual property or other rights of any person or entity.

10. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the United States.

Dispute Resolution: Any disputes or claims arising from these Terms or the Service shall be resolved exclusively through binding arbitration in accordance with applicable rules. By agreeing to these Terms, you waive any right to a trial by jury or participation in a class action.

11. Modifications to the Terms

We reserve the right to modify these Terms at any time. If changes are made, we will update the “Last Updated” date at the top of this document. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

12. Termination

We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms or is harmful to other users or the Service. Termination does not relieve you of any obligations incurred prior to termination.

13. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Barista Agent regarding the use of the Service and the handling of your personal information.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Failure to enforce any provision of these Terms shall not be construed as a waiver of our right to later enforce that or any other provision.

14. Contact Information

If you have any questions or concerns regarding these Terms or our privacy practices, please contact us at:

Evan Fenster
@evanfenster on X

By creating an account and using Barista Agent, you acknowledge that you have read, understood, and agree to these Terms of Service and the integrated privacy practices.