Effective Date: [Date]
Last Updated: [Date]
1. Agreement to Terms
By accessing or using BenchpriceDTC ("Service"), operated by [Your Company Name] ("Company," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Service.
2. Description of Service
BenchpriceDTC is a subscription-based platform that provides:
- Wine pricing data and market analysis
- Competitive intelligence tools for wineries
- Direct-to-consumer pricing benchmarks
- Personal wine cellar management features
- Market trend analysis and insights
3. Account Registration and Eligibility
3.1 Account Creation
You must create an account to access our Service. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized account access
3.2 Eligibility
You must be at least 21 years old and legally able to enter into contracts in your jurisdiction. By using our Service, you represent that you meet these requirements.
3.3 Business Use
Our Service is intended for business and professional use in the wine industry. Personal use is permitted but the Service is designed for commercial decision-making.
4. Subscription Plans and Payment
4.1 Subscription Options
We offer Monthly and Annual subscription plans as described on our pricing page. All plans include a free trial period as specified during signup.
4.2 Payment Terms
- Subscriptions are billed in advance on a recurring basis
- Payment is due immediately upon subscription activation
- We accept major credit cards and other payment methods as available
- All fees are non-refundable except as expressly stated in these Terms
4.3 Price Changes
We may modify subscription prices at any time. For existing subscribers, price changes will take effect at the start of your next billing cycle, with at least 30 days' advance notice.
4.4 Free Trial
New users may access our Service through a free trial period. We may require payment information during trial signup but will not charge you until the trial expires unless you cancel beforehand.
5. Data and Content
5.1 Our Data
The wine pricing data, analytics, market insights, and other information provided through our Service ("Platform Data") is proprietary and protected by intellectual property laws. Platform Data is licensed to you solely for your internal business use.
5.2 Data Accuracy
While we strive to provide accurate and up-to-date information, we do not guarantee the completeness, accuracy, or reliability of any Platform Data. You acknowledge that:
- Wine prices fluctuate and data may not reflect real-time changes
- Data is gathered from publicly available sources and third-party providers
- You should verify critical information independently before making business decisions
5.3 Your Data
You retain ownership of any data you provide to us ("User Data"). By using our Service, you grant us a license to use User Data solely to provide and improve our Service.
5.4 Data Usage Restrictions
You agree NOT to:
- Resell, redistribute, or share Platform Data with third parties
- Use automated tools to extract large portions of our database
- Create competing products or services using our data
- Violate any applicable data protection laws
6. Acceptable Use Policy
6.1 Permitted Uses
Our Service may only be used for legitimate business purposes related to wine industry market research, competitive analysis, and pricing decisions.
6.2 Prohibited Activities
You may not:
- Violate any laws, regulations, or third-party rights
- Interfere with or disrupt our Service or servers
- Attempt to gain unauthorized access to our systems
- Upload malicious code or engage in harmful activities
- Impersonate others or provide false information
- Use our Service for any illegal or unauthorized purpose
7. Intellectual Property
7.1 Our Rights
The Service, including its design, features, software, and Platform Data, is owned by us and protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Service solely in accordance with these Terms.
7.3 Feedback
If you provide feedback, suggestions, or ideas about our Service, you grant us the right to use such feedback without compensation or attribution.
8. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. Service Availability and Modifications
9.1 Service Changes
We may modify, suspend, or discontinue any part of our Service at any time with reasonable notice when possible.
9.2 Maintenance and Downtime
We may perform maintenance that temporarily restricts access. We will attempt to provide advance notice of scheduled maintenance.
9.3 No Uptime Guarantee
While we strive for high availability, we do not guarantee uninterrupted access to our Service.
10. Account Suspension and Termination
10.1 Termination by You
You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of your current billing period.
10.2 Termination by Us
We may suspend or terminate your account immediately if you:
- Violate these Terms
- Engage in fraudulent or illegal activities
- Fail to pay required fees
- Misuse our Service or Platform Data
10.3 Effect of Termination
Upon termination:
- Your access to the Service will cease
- We may delete your account data after a reasonable period
- You must cease all use of Platform Data
- Accrued fees remain due and payable
11. Disclaimers and Limitations
11.1 Service Disclaimer
OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11.2 Data Disclaimer
WE DO NOT WARRANT THAT PLATFORM DATA IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOUR USE OF PLATFORM DATA IS AT YOUR OWN RISK.
11.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless our company, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our Service
- Your violation of these Terms
- Your violation of any law or third-party rights
- Any User Data you provide
13. Dispute Resolution
13.1 Governing Law
These Terms are governed by the laws of [Your State/Jurisdiction], without regard to conflict of law principles.
13.2 Dispute Resolution Process
Before filing any legal action, you agree to first contact us at [legal@fallbrightsolutions.com] to attempt to resolve the dispute informally.
13.3 Jurisdiction
Any legal action must be filed in the state or federal courts located in [Your Jurisdiction]. You consent to the jurisdiction of such courts.
14. General Provisions
14.1 Entire Agreement
These Terms constitute the entire agreement between you and us regarding your use of our Service.
14.2 Modifications
We may update these Terms from time to time. We will notify you of material changes by email or through our Service. Continued use after changes constitutes acceptance.
14.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
14.4 No Waiver
Our failure to enforce any provision does not constitute a waiver of our right to enforce it later.
14.5 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
15. Contact Information
For questions about these Terms, please contact us at:
[Your Company Name]
Email: [legal@fallbrightsolutions.com]
Address: [Your Business Address]
These Terms of Service are effective as of [Date] and apply to all users of the BenchpriceDTC platform.