Lounge and HERF Subscriber Agreement

1. About This Agreement

This agreement is between TeqBean Holdings, LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, USA, which runs The Cigar Library ("we," "our," or "us"), and the business, club or person that runs a lounge or a HERF on The Cigar Library ("you"). It covers The Cigar Library for Lounges and The Cigar Library for HERFs: the console, your lounge's or group's page, and the plans for them. Where we offer it in another language, the English version governs if they differ.

You accept it by ticking the box that says you agree: when you claim a lounge or HERF, add a group to run or check out a plan, and in the console, where its owner is asked to accept the current version if your lounge or HERF hasn't yet. Until it's accepted, your plan's features are off. Whoever ticks it confirms that they may agree for you. We record that it was accepted, by whom, when, and which version. Our Terms of Service and Privacy Policy apply to everyone's own account, yours and your staff's included; where they differ from this agreement about the console, your page or a plan, this agreement applies.

2. What We Provide

• A console for your staff or organizers to run your roster, memberships and dues, lockers, events and meetups, messages to your members, check-in at the door, reports and exports, and a page for your lounge or group in your name and with your logo, marked "Powered by The Cigar Library".
• Seats: accounts on a paid plan of The Cigar Library that you give your members while they belong to you, as many as your plan includes or you buy.
• Nothing is sold through the app. The Cigar Library sells no tobacco, alcohol or other goods, and takes no money for you. Memberships, dues, lockers and anything else you sell are paid to you directly, and your staff record those payments in the app so you can see who owes what. We aren't your payment processor, your merchant of record or your agent for collecting payments.

3. Plans, Billing and Taxes

Pilot: until a paid plan starts, we may let you use the console free as a pilot, with the seats we set. A pilot is arranged with you directly, and either of us can end it by telling the other in writing.

Plans and prices: your console's Billing shows the plans offered to your lounge or HERF, what each includes (its seats and other limits) and its monthly and yearly prices, before you check out. A lounge or HERF whose listing is in the United Kingdom is billed in pounds sterling (GBP); every other is billed in US dollars (USD). A change we make to a plan's price applies to checkouts after it; a plan you already pay for renews at the price you checked out at, unless we tell you at least 30 days before a renewal that its price will change.

Billing and renewal: we bill through Stripe, by card or, where Stripe offers it, by bank account. You're charged when you check out, then every month or every year on the same date, and your plan renews automatically until it's cancelled. Stripe emails a receipt for each payment.

Seats: adding seats charges the prorated amount for the rest of the current billing period at once. Removing seats lowers your next bill, with no refund or credit for the current period.

Referrals and revenue share: a lounge or HERF referred by another gets the first-month discount our Referral Program Terms set out. When someone subscribes to The Cigar Library through your lounge's or HERF's link, you earn 20% of what they pay us (after discounts and before tax) for 12 months from their first payment, unless we agree otherwise with you in writing, as a credit on your next invoices. It is never paid out in cash, and it waits while you have no paid plan.

Taxes: Prices are shown without tax. Where the law requires us to charge VAT, sales tax or a similar tax on your plan, we add it at checkout and show it on your invoice. If your business gives us a valid UK or EU VAT number, the reverse charge may apply instead, and you account for the VAT. Taxes on what you sell to your own members are yours.

4. Cancelling, Refunds and Failed Payments

To cancel, write to us from Support. Your plan then ends at the end of the period you've paid for. Payments are non-refundable, including for part of a billing period and when a plan ends early, except where the law requires otherwise or we choose to give a refund.

If a payment fails, Stripe tries again over the following days, and your seats keep working meanwhile. When a plan ends, because it was cancelled or wasn't paid, your console stays open read-only for 30 days so you can export your records, and choosing a plan in that time keeps it open; then it closes. Each seat ends, and the member who had it keeps that plan to the end of the month.

5. Statements You Confirm

Some settings can be turned on only after your lounge's or HERF's owner ticks a statement in the console. By ticking it, you confirm that the statement is true. We record who ticked it, when, which statement and its version, and we ask again each time the setting is turned off and on again. We rely on these statements: we don't check them, and they don't make us your legal adviser.

• Loyalty points: only one of our administrators can allow loyalty points for your lounge or HERF, and for now we don't allow them for one whose listing is in the United Kingdom. Points are earned only by checking in. To turn loyalty on, you confirm that you have checked with your own lawyer that a loyalty program is allowed where you are, and that its rewards will never be tobacco, free samples or money off tobacco.
• Prices on your public stock list: your stock list shows prices to the public only after you confirm that you have checked with your own lawyer that showing tobacco prices publicly is allowed where you are. A lounge whose listing is in the United Kingdom can't show prices publicly.

By turning on spirits in lockers, you also confirm that your license and the law where you are let members keep their own bottles on your premises, and you keep any record of them that your license or the law requires.

6. Your Responsibilities

The law where you are

You are responsible for your own licenses and for the laws that apply to your lounge or HERF and to what you do through The Cigar Library: tobacco sales and licensing, smoke-free and smoking-ban rules, alcohol and bring-your-own rules, fire and occupancy limits, and consumer, marketing and privacy law. The app doesn't check or enforce any of them.

Age

Only adults may use The Cigar Library: people 21 or older, or the lower minimum age we have set for a member's country, which is never under 18. Whatever the app allows, you never admit anyone below the legal age for tobacco where you are. Members confirm their age when they join you; you check a government ID in person and record "ID checked" in the app, which keeps the date and the staff member's name and never an image of the ID. The in-person check is yours.

Free samples, rewards and promotions

You never use The Cigar Library to give away tobacco, to hand out free samples or to offer money off tobacco, and no reward in your loyalty program is any of these. Rewards are never given for smoking. Before offering a drink as a reward, check the rules on alcohol promotions where you are. Your loyalty program, discounts, events and promotions are yours, and you are responsible for their being lawful where you are.

Advertising and what you publish

Your page, your listing, your events and meetups, your stock list and your messages are yours. You are responsible for their following the rules on tobacco advertising, promotion and sponsorship where you are and where you aim them, including the United Kingdom's and the European Union's, and for having the right to any name, logo or photo you use. Don't use them for a tobacco brand's advertising or sponsorship where the law forbids it. We check public events before they show, and again after a change. We may hide or remove anything you publish, or turn a setting off, if we believe it may break these rules or our Terms of Service. "Powered by The Cigar Library" stays on every page.

Lockers

You set your own locker terms and your rule for what happens to a locker's contents when a rental lapses. The app records your rule, the member's acceptance, grace periods, notices and any removal, but what happens to the contents happens outside the app, under your rule and the law. Record only a key or lock number, never a combination. What members record in their lockers is their own account, not a count you have checked.

Staff

You choose your staff or organizers and their roles, and you are responsible for what they do in the console. Every staff account must use two-factor sign-in. Remove anyone who leaves, and tell us at once if you think a staff account has been misused.

Messages to your members

You are the sender of your announcements. The app sends them only to members who agreed to hear from you, by email or push notification, never by text message. Each email names you as the sender, "via The Cigar Library", from our sending address, with your postal address and a link that stops your messages at once; keep your postal address current in Settings. Your plan sets how many announcements you can send a month. Notices about a member's own locker or membership go to every member concerned, must be about that alone, and don't count toward your limit. Don't send anything misleading or unlawful.

7. Members' Data

Members' own accounts, collections, reviews and activity are ours, under our Privacy Policy. Your business records about your members are yours: your roster, member numbers, memberships, locker rentals and logs, recorded payments, check-ins, staff notes, events and messages. We keep and use those records for you, as section 8 says.

A member who joins you always shares their name, photo and email address with you while they belong. They can also choose to share details from their profile, a summary of their collection, their wishlist and their favorite cigars, and change or withdraw that at any time in My Lounges. Use what they share only to serve them. You don't sell, rent or pass on members' data, or use it for anything other than running your lounge or HERF and serving its members. Every export is logged with who took it, when and which list.

A member who leaves you keeps their own account. When a member deletes their account, your records about them stay under "Former member", without their email address, phone number or account, so you can settle a locker or dues; their check-ins go with their account.

8. How We Handle Your Records

We keep and use your records about your members for you, as your service provider (your "processor," in the words of data protection law), on these terms:

• What and why: the records are about your members and former members, people on your roster who haven't joined, guests you check in or who book a table, and your staff: their names, email addresses, phone and member numbers, memberships, lockers, recorded payments, the date their ID was checked and by whom, check-in times, staff notes, what members chose to share, and their consent to your messages. We keep them to run your console and page, send your notices and messages, check members in, make the reports and exports you ask for, and bill you. They never include ID images, dates of birth, payment card numbers or lock combinations.
• Your instructions: we use your records only to provide the service, as this agreement and what your staff do in the console direct. We don't sell them, share them for advertising, or combine them with other data except as the service needs (showing a member their own membership, for example).
• Kept apart: every record carries its lounge or HERF, and every console request is checked against it, so one lounge's or HERF's staff can't reach another's records.
• Security: data is encrypted in transit and held by our hosting provider in the United States. Access is limited to your staff by role, to each member for their own records, and to our administrators for support; an administrator opening your console's support view is logged. Our staff and contractors who can reach your records must keep them confidential.
• Service providers: Render hosts the app and its database; Cloudflare runs our domain and stores photos; Resend sends your emails; browser push services and Apple deliver push notifications and Wallet cards; Twilio sends the texts a member has chosen to get, such as a change you make to their locker; your logo and photos go through the photo checks our Privacy Policy describes (Amazon Web Services, Anthropic and the Canadian Centre for Child Protection); and Stripe bills you and holds none of your members' records. Our Privacy Policy lists every provider. We'll tell you before we add one that handles your records, and you may end this agreement if you object.
• Security incidents: if we learn that someone who shouldn't have reached your records did, we tell you without undue delay, say what we know, and help you meet your own duties to tell others.
• Requests from members: if a member asks you to see, correct or delete your records about them, we help you answer. The console lets your staff correct a member's details, and the members export gives you a copy of what you hold. We pass on to you any request we receive about your records.
• Questions about our security: once a year, at your request, we answer a reasonable security questionnaire.
• Your part: you have a legal basis, and give any notices needed, for the records you keep; you keep staff notes factual and necessary; and you don't upload photos of IDs, or of people who haven't agreed.
• Transfers: We hold your records in the United States. Where UK or EU data protection law applies to the records you give us about your members, we transfer them under the European Commission's Standard Contractual Clauses (module 2, controller to processor) and the UK's International Data Transfer Addendum to them, which form part of this agreement. We'll send you a signed copy on request.
• At the end: during this agreement and the 30 read-only days after it, you can download your members, memberships, payments, lockers and check-ins at any time. One year after your console closes, we delete your records, except what the law requires us to keep or what we need to settle a dispute, and confirm it in writing if you ask.

9. Suspension and Ending

We may suspend your console at once if you break section 6 or 7, if you put members at risk, or if you don't pay, and we'll tell you why. You can end this agreement by cancelling your plan (section 4), or, for a pilot, by telling us. We can end it by telling you at least 30 days before, or at once if we suspended your console and you haven't put things right within a reasonable time. When it ends, your console stays open read-only for 30 days so you can export your records, and then closes; section 8 says what happens to your records after that.

10. Liability

The service is provided "as is", without warranties of any kind, as far as the law allows. We aren't liable for indirect, incidental, special or consequential damages, or for lost profits or data, arising from this agreement or the service. Our total liability under this agreement is limited to what you paid us for your plan in the 12 months before the claim. Nothing in this agreement limits a liability that the law doesn't allow to be limited.

You will cover our reasonable costs and losses from a claim someone else brings against us that arises from your breach of section 6 or 7, or from what you publish or send through The Cigar Library.

11. Changes and General Terms

We may change this agreement. We'll post the new version on this page with a new date, and email your owner at least 30 days before a change that reduces your rights takes effect. Your owner is then asked to accept the new version in the console, and checking out a plan asks for it too; until it's accepted, your plan's features are off.

Notices to you go to your owner's email address; notices to us go to support@thecigarlibrary.com or to the address in section 1. You may not transfer this agreement without our written consent; we may transfer it with our business. This agreement, with our Terms of Service, Privacy Policy and Referral Program Terms, is the whole agreement about the console and your plan.

Governing law: The laws of the State of Florida, USA, govern this agreement, without regard to their conflict-of-law rules. Any dispute about it goes to the state or federal courts for Pinellas County, Florida, and you and we accept their jurisdiction. If your lounge or HERF is in the United Kingdom or the European Union, this doesn't take away any protection the law where you are gives you that can't be agreed away.

12. Contact

For questions about this agreement, email support@thecigarlibrary.com, or write to TeqBean Holdings, LLC at the address in section 1.