- Acceptance of Terms
- If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, all of the users from your brewery, and its affiliates to this TOS. In that case, the terms "you" or "your" shall also refer to such entity, its users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and BrewLog, even though it is electronic and is not physically signed by you and BrewLog, and it governs your use of the Service.
- As our business evolves, BrewLog may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, you can cancel your account and stop using the Services, which you may do by contacting us at firstname.lastname@example.org.
- As part of the registration process, you will identify an owner’s email address and password for your account. You may use these credentials to invite individuals to become users (each with their own password) under your account. The total number of users is limited to the maximum number permitted for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of users.
- You must be over the age of 18 to legally brew beer in the United States. By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS. The Service is not directed to children under 18, so if you are under 18 years of age, you are not permitted to access or use the Services. If we become aware that you are using the Service even though you are under 18, we will deactivate your account.
- Description of Service
The "Service" refers to BrewLog’s brewery inventory management, beer recipe management, brew logging web application at http://brewlog.com, data, reports, text, images, and other content made available by or on behalf of BrewLog through the application. The Service does not include Your Data (as defined below). Any modifications and new features added to the Service are also subject to this TOS. BrewLog reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to BrewLog.
- Access and Use of the Service.
- You are responsible for maintaining the security of your account and password. BrewLog cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by BrewLog in its sole discretion and outlined below). You shall comply with any codes of conduct, policies, storage limitations, or other notices BrewLog provides you or publishes in connection with the Service from time to time, but if any of those policies materially change the TOS, we will provide you with reasonable notice. You shall promptly notify BrewLog if you learn of a security breach related to the Service.
- BrewLog reserves the right to use your name as a reference for marketing or promotional purposes on our website and in other communication with existing or potential BrewLog customers. For example, we might list your brewery on our website under lists of BrewLog customers. If you don’t want to be listed, so you may send an email to email@example.com stating that you do not wish to be used as a reference.
- Your Data Rights and Related Responsibilities
- "Your Data" means any data and content you upload, post, transmit or otherwise made available via the Services. Your Data includes beer recipes, inventory data, brewing data, files you upload, comments you make, profile information and anything else you enter or upload into the Service. BrewLog will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security and confidentiality, please see our security policy.
- In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your teammates. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Service.
- If any users send us any feedback or suggestions regarding the Service, you grant BrewLog an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
- You are solely responsible for your conduct (including by and between all users), the content of Your Data, and all communications with others while using the Services. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Services.
- To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide BrewLog accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay BrewLog in accordance with the terms set forth on the Site (currently, brewlog.com/pricing and related pages) and this TOS, and you authorize BrewLog to bill your payment instrument in advance on a periodic basis in accordance with such terms.
- If you dispute any charges you must let BrewLog know within sixty (60) days after the date that BrewLog invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount.
- Representations and Warranties
You represent and warrant to BrewLog that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow BrewLog to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and your other activities in connection with the Service, and BrewLog’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
You also agree not to:
- upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a BrewLog employee, member of a brewery, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise the origin of any of Your Data;
- upload, post, transmit, or otherwise make available any of Your Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available any of Your Data in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of business process and communication, or otherwise act in a manner that negatively affects other users' ability to engage in real time brewing activites using the Service;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the Service
You acknowledge that BrewLog and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of Your Data that is available via the Service. We may also review Your Data for violations of this TOS or in response to a user complaint. Without limiting the foregoing, BrewLog and its designees shall have the right to remove any of Your Data that violates the TOS or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of Your Data, including any reliance on the accuracy, completeness, or usefulness of Your Data.
You acknowledge, consent and agree that BrewLog may access, preserve and disclose your account information and Your Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of Your Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of BrewLog, its users and the public.
- Term & Termination
- This TOS will continue in full effect unless and until your account or this TOS is terminated as described herein. Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by contacting us at firstname.lastname@example.org.
- We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate this TOS at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, BrewLog may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of this TOS, we will have no obligation to maintain or provide Your Data. If your team’s account is deleted, we will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited.
- Disclaimer of Warranties
- The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but BrewLog will use reasonable efforts to provide advance notice of any material scheduled service disruption. You understand that Your Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while BrewLog takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data. BrewLog will have no liability to you for any unauthorized access or use of any of Your Data, or any corruption, deletion, destruction or loss of any of Your Data.
- THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND BREWLOG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT BREWLOG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM BREWLOG OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
- Limitation of Liability
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BREWLOG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, OR LOST DATA. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
- Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, BREWLOG’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
- Choice of Law and Forum
The TOS and the relationship between the parties shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law.
- Waiver and Severability of Terms
The failure of BrewLog to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.