Terms of Service

Welcome to Last Call. These Terms of Service ("Terms") govern your access to and use of the Last Call website, mobile application, and related services (collectively, the "Service") provided by Last Call, Inc. ("Last Call," "we," "us," or "our"). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and Last Call.

2. Description of Service

Last Call is an on-demand alcohol delivery platform that connects consumers with licensed liquor stores, wine shops, and other alcohol retailers ("Partner Shops") in California. The Service enables you to browse products, place orders, and have alcoholic beverages delivered to your door by independent delivery drivers.

Last Call acts as a technology intermediary facilitating transactions between you and Partner Shops. Last Call does not itself sell alcohol. All sales are made by the applicable Partner Shop, which holds the required liquor license for the transaction.

A portion (6%) of every order is donated to DUI prevention, alcohol awareness, and homeless support charities as part of our commitment to responsible alcohol consumption and community safety.

3. User Accounts

To use certain features of the Service, you must create an account. When creating your account, you agree to:

• Provide accurate, current, and complete information during registration and keep your profile updated.
• Maintain the confidentiality of your account credentials and not share them with anyone.
• Accept responsibility for all activity that occurs under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at any time if we suspect unauthorized use, violation of these Terms, or fraudulent activity.

4. Age Requirements

You must be at least 21 years of age to use the Service. By creating an account or placing an order, you represent and warrant that you are 21 years of age or older.

We verify age at multiple points in the process: during account creation, at checkout, and upon delivery. All deliveries require valid government-issued photo identification confirming the recipient is 21 or older. Orders cannot be left unattended or delivered to anyone who cannot present valid identification.

5. Orders and Payments

5.1 Placing Orders

When you place an order through the Service, you are making an offer to purchase products from the applicable Partner Shop. Orders are subject to acceptance by the Partner Shop and availability of products. We reserve the right to refuse or cancel any order for any reason, including product availability, pricing errors, or suspected fraud.

5.2 Pricing

All prices displayed on the Service are set by the Partner Shops and are subject to change without notice. Prices include applicable taxes unless otherwise stated. A delivery fee, service fee, and optional driver tip may also apply and will be clearly disclosed before you confirm your order.

5.3 Payment

Payment is processed at the time of order through our secure payment system. We accept major credit cards and debit cards. By providing payment information, you represent that you are authorized to use the payment method. All charges are final unless a refund is issued in accordance with our refund policy.

5.4 Refunds and Cancellations

Orders may be cancelled before the Partner Shop begins preparing them. Once preparation has started, cancellations may not be possible. Refunds for product quality issues, missing items, or incorrect orders will be handled on a case-by-case basis. Contact our customer support team for assistance.

6. Delivery

Delivery is available within our designated service area in California. Estimated delivery times are approximate and may vary based on order volume, traffic, weather, and other factors. We are not liable for delays beyond our control.

You must be present at the delivery address to receive your order and present valid identification. If you are not available or cannot present valid identification, the driver may not complete the delivery, and you may be charged for the order. Alcohol may not be delivered to visibly intoxicated individuals, as required by law.

7. Reviews, Ratings, and User Content

You may submit reviews, ratings, photos, and other content ("User Content") through the Service. By submitting User Content, you:

• Grant Last Call a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute your User Content in connection with the Service.
• Represent that you own or have the necessary rights to submit the content and that it does not violate any third-party rights.
• Agree not to submit content that is false, misleading, defamatory, obscene, harassing, discriminatory, or otherwise objectionable.

We reserve the right to remove any User Content at our discretion without prior notice.

8. Identity and Age Verification

As required by California law and our commitment to responsible alcohol delivery, we perform identity and age verification at multiple stages:

• Account Registration: You must provide your date of birth. We may use third-party verification services to confirm your identity and age.
• At Delivery: The delivery driver will scan or visually inspect a valid, unexpired, government-issued photo ID (driver's license, state ID, passport, or military ID) to confirm the recipient is at least 21 years of age.

Failure to present valid identification at delivery will result in the order being returned and you may forfeit the order amount. Attempting to use fraudulent identification is a violation of these Terms and applicable law.

9. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service if you are under the age of 21.
• Providing false, inaccurate, or misleading information, including false identification or age information.
• Purchasing alcohol for or providing alcohol to minors.
• Using the Service for any unlawful purpose or in violation of any applicable local, state, or federal law.
• Attempting to circumvent, disable, or interfere with security features or age verification processes.
• Using automated systems (bots, scrapers, crawlers) to access the Service without our prior written consent.
• Interfering with or disrupting the Service or servers connected to the Service.
• Harassing, threatening, or abusing other users, Partner Shop staff, or delivery drivers.
• Reselling products purchased through the Service without proper licensing.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAST CALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO LAST CALL DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the app. We may suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users, Partner Shops, drivers, or us, or for any other reason.

Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date and notify you through the Service, by email, or by other appropriate means. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

If you do not agree with the updated Terms, you must stop using the Service and delete your account.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction of such courts.

Before filing a formal legal claim, you agree to first contact us at legal@lastcalldeliveryapp.com and attempt to resolve the dispute informally for at least 30 days.

14. Contact Information

If you have any questions about these Terms, please contact us: