These Terms of Use ("Terms") are a binding agreement between you andPinnacle Promotions USA LLC ("Pinnacle Promotions," "we," "us," or "our"). They govern your access to and use of the public website at pinnacle-promotions.com (the "Site"), the client and brand-ambassador web portal at app.pinnacle-promotions.com (the "Portal"), and the Pinnacle Promotions mobile app (the "App") — together, the "Services." By using any of the Services you agree to these Terms and to ourPrivacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

Brand ambassadors and client companies also sign separate written agreements with us — for brand ambassadors, the Independent Contractor Agreement, Card Use Agreement, and related onboarding documents; for clients, the billing agreement accepted at setup (together, the "Signed Agreements"). If a Signed Agreement conflicts with these Terms, the Signed Agreement controls for the matter it addresses.

Who may use the Services

You must be at least 18 to use the Portal or App.
Brand ambassadors, and anyone who samples alcohol at an event, must be 21 or older, as Texas law requires.
If you use the Services for a company, you represent that you are authorized to bind it, and "you" includes that company.
Accounts on the Portal and App are created by invitation only. You may not use the Services if we have previously suspended or terminated your account.

You represent that all information you provide is accurate and current, and you agree to keep it that way.

Your account

You are responsible for everything that happens under your account. Keep your password confidential, do not share your account, and tell us immediately atsupport@pinnacle-promotions.com if you suspect unauthorized use. We may require you to change your password, may sign out your sessions, and may suspend an account we believe is compromised or misused.

How the platform works

Clients request in-store tastings and promotional events through the Portal or App. Pinnacle Promotions staffs each event with a TABC-certified brand ambassador, who runs it through the App — checking in on site, sampling the product, capturing photos and receipts, and submitting a recap. The client then receives a report of the event. Pinnacle Promotions operates the platform, staffs the events, and bills the client; the brand ambassador is an independent contractor engaged by us, not by the client.

Terms for clients

Bookings and pricing

A tasting request becomes a booking when we confirm it. The price shown when you book is calculated by our system for that venue and date and is the price you will be invoiced, unless the booking is changed.
We assign a brand ambassador to each confirmed event. If we cannot staff an event, we will tell you as early as we can and may cancel it without charge.
Date or time changes are requested through the Portal or App. Once a brand ambassador is assigned, a change takes effect only after they agree to it; before that, your change applies directly.
Cancellation terms, including any charge for late cancellation, are as stated in your billing agreement or in the quote for the booking.

Your responsibilities

You supply the product to be sampled and confirm that it may lawfully be sampled at the venue you choose.
You are responsible for obtaining the venue's permission and for any permits the venue or the promotion itself requires, other than the promotional permit Pinnacle Promotions holds.
You will list only products you are entitled to promote, and you grant us the right to display the product names, images, and recipes you provide in order to run and report on your events.

Billing and payment

We invoice through Stripe. Invoices are payable by card or bank debit by the due date shown on the invoice, and are paid in full — we do not accept partial payments. Payment by check may be arranged with us in advance.
If you have authorized automatic charging, we charge your saved payment method when an invoice is issued and send you a receipt. You may change your payment method in the Portal at any time.
Question an invoice promptly, and in any event before its due date, by contacting billing@pinnacle-promotions.com.
We may pause new bookings for an account with a past-due invoice until it is settled.
Prices exclude taxes unless stated otherwise; you are responsible for any applicable taxes other than taxes on our income.

Reports and event data

Event reports, photos, and recap data we provide are for your internal business use in connection with the products and events they describe. Attendee demographic figures are aggregate observations and must not be used to identify or profile any individual.

Terms for brand ambassadors

Independent contractor

You provide services to Pinnacle Promotions as an independent contractor under your Independent Contractor Agreement. Nothing in these Terms creates an employment, partnership, or agency relationship. You are responsible for your own taxes, insurance, transportation, and equipment, and you decide which events to accept.

Onboarding and compliance

You must hold a current TABC seller-server certification and keep it current for as long as you accept events. You must upload accurate documents and keep your profile, tax, and payment details accurate.
You agree to receive documents electronically and to sign them electronically as described in "Electronic communications and signatures".

Conduct at events

Follow the Texas Alcoholic Beverage Code, TABC rules, and the venue's rules at every event. Never serve anyone under 21 or anyone who appears intoxicated, and check identification whenever the law or the venue requires it.
Check in at the venue using the App when you arrive; on-site check-in uses your phone's location to confirm you are there. Complete the event steps in the App and submit a truthful recap. Photos, sample counts, receipts, and mileage entries must be accurate.
Treat venue staff, clients, and the public professionally, and photograph the setup and product rather than identifiable customers.

Purchasing card

If we issue you a Pinnacle purchasing card, it is a virtual card provided through Stripe for approved event purchases only, and is governed by your Card Use Agreement and Stripe's cardholder terms, which you accept at card setup. The card is normally active only around your scheduled events. Keep every receipt and never share the card details.

Pay

Your pay is determined by your Independent Contractor Agreement and the details shown for each event, and is paid by direct deposit through our accounting provider. Mileage and expense entries you record are for your own tax records unless your agreement provides otherwise.

Alcohol and regulatory compliance

The Services relate to the sampling of alcoholic beverages, which is regulated by the Texas Alcoholic Beverage Commission. Nothing is sold through the Services. Everyone using the Services agrees to comply with applicable alcoholic-beverage laws, and we may decline, modify, or cancel any event that we believe would violate them.

Acceptable use

You agree that you will not, and will not attempt to:

Use the Services for any unlawful, fraudulent, or unauthorized purpose, or in violation of these Terms or a Signed Agreement.
Submit false check-ins, photos, receipts, recaps, mileage, or other records.
Access another user's account or data, or any non-public part of the Services, without authorization.
Interfere with, disrupt, overload, probe, or circumvent the security of the Services or the systems that run them.
Use any robot, scraper, or other automated means to access or collect data from the Services without our written permission.
Upload malicious code or any content that is unlawful, defamatory, harassing, or infringing.
Copy, republish, or create derivative works from the Services or our Content except as expressly permitted, or use them to build a competing product or service.

Content you provide

You keep ownership of the photos, notes, product information, messages, and other material you submit through the Services ("Your Content"). You grant Pinnacle Promotions a non-exclusive, royalty-free, worldwide license to store, reproduce, display, and use Your Content to operate the Services, run and report on events, comply with law, and enforce our agreements. We use Your Content in marketing only with your separate consent. You represent that you have the rights needed to provide Your Content and that it does not violate any law or third-party right. Any suggestions or feedback you give us may be used without obligation to you.

Our intellectual property

The Services and everything in them other than Your Content — software, text, graphics, logos, designs, and data compilations ("Content") — are owned by Pinnacle Promotions or its licensors and protected by United States and international law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose. No other rights are transferred. "Pinnacle Promotions" and our logos are our trademarks; client and brand names and logos belong to their owners and appear for identification only.

The mobile app

The App is licensed, not sold, to you for use on devices you own or control, subject to these Terms and the rules of the app store you downloaded it from.
You are responsible for your device, carrier charges, and keeping the App updated. We may release updates that change or remove features.
The App requests permissions — camera, location, and notifications — for the purposes described in the Privacy Policy. You can change them in your device settings, which may limit some features.
Apple Inc. and Google LLC are not parties to these Terms and have no obligation to provide support or maintenance for the App. Apple and its subsidiaries are third-party beneficiaries of these Terms for the iOS App and may enforce them against you.
Adding a purchasing card to Apple Wallet or Google Wallet is subject to those providers' terms.

Electronic communications and signatures

You consent to receive notices, agreements, invoices, tax forms, and other communications from us electronically — through the App, the Portal, push notification, or email to the address on your account — and you agree that electronic communications satisfy any legal requirement that they be in writing. Documents you sign in the App or Portal are signed electronically and are as binding as a handwritten signature under the federal ESIGN Act and the Texas Uniform Electronic Transactions Act. Keep your email address current; you may request a paper copy of any document by contacting us.

Third-party services

The Services rely on providers such as Stripe (payments and card issuing), Intuit QuickBooks (accounting and payments), Mapbox (maps), and Apple and Google (app distribution, push notifications, and wallets). Where you interact with those providers directly — for example, entering payment details in a Stripe form or accepting Stripe's cardholder terms — their terms and privacy policies govern that interaction. We are not responsible for third-party services we do not control.

Accessibility

We want everyone to be able to use the Services. OurAccessibility Statement describes the standard we work to, the areas we are still improving, and how to request an accommodation or report a barrier.

Suspension and termination

We may suspend or terminate your access to the Services, or any part of them, at any time if we believe you have violated these Terms, a Signed Agreement, or the law; if your account is compromised; or if we discontinue the Services. You may stop using the Services at any time and may delete your account as described on ouraccount deletion page. Termination does not affect amounts owed, obligations under a Signed Agreement that survive by their terms, or the sections of these Terms that by their nature should survive, including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

Disclaimer of warranties

To the fullest extent permitted by law, the Services and Content are provided"as is" and "as available," without warranties of any kind, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free; that any event will produce any particular result; or that information in the Services — including weather, maps, driving routes, and estimates — is accurate or complete. Some jurisdictions do not allow certain exclusions, so some may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Pinnacle Promotions and its members, managers, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Services, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total liability arising out of or relating to the Services will not exceed the greater of the amounts you paid us for the Services in the twelve months before the claim arose and one hundred U.S. dollars (US $100). These limitations do not limit liability that cannot be limited under applicable law, and they do not alter the terms of any Signed Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless Pinnacle Promotions and its members, managers, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or connected with Your Content, your use of the Services, your violation of these Terms or of any law or third-party right, or — for clients — the products you supply and the venues you choose.

Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Before filing any claim, you agree to contact us, describe the dispute in writing, and give us thirty (30) days to try to resolve it. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in Texas, and you consent to their personal jurisdiction, except where applicable law provides otherwise. Nothing in these Terms waives any right that cannot be waived under applicable law.

Changes to the Services and these Terms

We may modify, suspend, or discontinue any part of the Services at any time. We may also update these Terms; when we do, we will revise the "Last updated" date and, for material changes, notify you through the App or Portal or by email before they take effect. Continued use after a change takes effect means you accept the revised Terms. If you do not agree, stop using the Services.

General

Entire agreement. These Terms, the Privacy Policy, the Cookie Policy, and your Signed Agreements are the entire agreement between you and us regarding the Services.
Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in force.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including weather, venue closures, and outages of third-party services.
Headings. Headings are for convenience only.

Contact us

Entity: Pinnacle Promotions USA LLC
Email: support@pinnacle-promotions.com
Billing: billing@pinnacle-promotions.com
Online: Contact form
Region: Southeast Texas, United States