Terms of Service
Description of the Service
This Website is offered and available to users who are 18 years of age or older (or the age required to enter into a contractual relationship pursuant to any laws applicable to the User). By using this Website, you represent and warrant that you are of legal age to form a binding contract with Fermented Labs. If you do not meet these requirements, you must not access or use the Website.
Term of Agreement
User agrees to pay us a license fee based on the fee schedule provided to Users, which schedule may be changed from time to time or based on the size of User’s operation. Payment of the license fee is required on a monthly basis. We may agree in writing with User for certain discounted pricing in exchange for a longer term license to use the Website. User agrees to pay the license fee by credit card and the fee will be automatically charged on the 1st day of the month. Unless we have agreed with User in writing, we may increase our license fees not more frequently than annually by providing written notice to User at least 30 calendar days prior to the effective date of the change.
We may charge interest on any past due amount at the rate of 1.5% per month or, if lower, the highest rate permitted under applicable law.
Basically, this section describes the license fee structure to use the Website. It also describes when you will pay the license fee and what happens if you do not pay the license fee.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to the Users, including the registered Users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
You must treat your user name, password or any other piece of information which is part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Downtime and Customer Support
We will use commercially reasonable efforts to; (a) schedule downtime for routine maintenance of the Website between the hours of 11 p.m. and 4 a.m., Central Time; and (b) give User at least 24 hours prior notice of all scheduled outages of the Website (“Scheduled Downtime”). User understands and agrees that at various times, unscheduled downtime of the Website will be required. In the event of such unscheduled downtime, we will use all reasonable efforts to minimize the downtime and communicate with Users regarding the anticipated length of downtime.
We will provide standard customer support services (“Support Services”). If User requires additional Support Services, they will be billed to User at the rate schedule in effect at the time of the request. We may amend the Support Services rate schedule from time to time in its sole discretion.
Basically, we will try our best to make the Website available to you when you need it. However, at various times we will have to perform maintenance on the Website. Sometimes, the Website will be unavailable to you without notice. Also, we will provide you standard support services to use the Website. However, we can charge for additional support services if you require more than the standard support.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fermented Labs, its licensors or others of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
Our name, the terms BREWD, our logo and all related names, logos, product and service names, designs and slogans are trademarks of Fermented Labs or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
Basically, we own the name BREWD and other related intellectual property associated with the Website. You may not use these trademarks and other intellectual property without our consent.
- copy, modify or create derivative works or improvements of the Website;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available any materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud or other technology or service;
- reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the Website, in whole or in part;
- bypass or breach any security device or protection used by the Website or access or use the Website other than by an authorized user through the use of his or her own then valid access credentials;
- input, upload, transmit or otherwise provide to or through the Website, any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful code;
- damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Website or our provision of services to any third party, in whole or in part;
- remove, delete, alter or obscure any trademarks, specifications, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, including any copy thereof;
- access or use the Website in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law;
- access or use the Website for purposes of competitive analysis of the Website, the development, provision or use of a competing software service or product or any other purpose that is to the Fermented Labs’ detriment or commercial disadvantage; or
User has and will retain sole responsibility for: (a) all User data, including its content and use; (b) all information, instructions and materials provided by or on behalf of User in connection with the Website; (c) User’s information technology infrastructure, including computers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by User or through the use of third-party services (“User Systems”); (d) the security and use of User’s access credentials; and (e) all access to and use of the Website directly or indirectly by or through the User Systems or its access credentials, with or without User’s knowledge or consent, including all results obtained from, and all conclusions, decisions and actions based on, such access or use.
User shall employ all physical, administrative and technical controls, screening and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials and protect against any unauthorized access to or use of the Website; and (b) control the content and use of User data.
Basically, you are responsible for the data you input into the Website. You are also responsible for your own computers and the people who access the Website using your login credentials. You will take reasonable steps to control access to the Website and the content you input into the Website.
Basically, certain information that you will have access to through the Website is confidential. You agree to maintain the confidentiality of this information.
Changes to the Website
We reserve the right, in our sole discretion, to make any changes to the Website that we deem necessary or useful to: (a) maintain or enhance (i) the quality or delivery of the Website, (ii) the competitive strength of or market for the Website or (iii) the Website’s cost efficiency or performance; or (b) to comply with applicable law. Without limiting the foregoing, either party may, at any time during the term, request in writing changes to the Website. The parties shall evaluate and, if agreed, implement all such requested changes. No requested changes will be effective unless and until memorialized in a written change order signed by both parties.
Basically, we can change the Website and the functionality of the Website. When we make these changes, functionality might change.
Information About You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Basically, if there are links on the Website that take you to a third party’s website, we are not responsible for the third party’s website.
The owner of the Website is based in the State of Iowa in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Basically, the Website is only designed to be used by people located in the United States.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS” AND FERMENTED LABS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND FERMENTED LABS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, FERMENTED LABS MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES EXCEPT IF AND TO THE EXTENT EXPRESSLY SET FORTH IN THE SPECIFICATIONS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
Basically, we make no guarantees that the Website will work for you or that it is free from errors. It may be incompatible with your computer and we have no obligation to make it function on your system. We provide the Website “as-is,” which may or may not work for your intended use of the Website.
Limitation on Liability
Basically, the maximum amount of liability we have to you is the license fees you have paid us for the last 12 months. We are not responsible for any lost business or other loss you may incur as a result of using the Website.
Governing Law and Jurisdiction
Basically, we can decide to use arbitration instead of a traditional court for any disputes we may have.
Limitation on Time to File Claims
Waiver and Severability