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Terms of Service

Effective Date: September 1, 2019 Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the Vitispro platform and related services (collectively, the "Services") provided by Vitispro, LLC ("Vitispro," "we," "us," or "our"), a limited liability company incorporated in the State of Delaware, United States. Vitispro has been operating continuously since 2019, providing wine industry intelligence and export data analytics. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you represent and warrant that:

  • You are at least 18 years of age.
  • You have the legal capacity and authority to enter into these Terms.
  • If you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms.
  • You will comply with all applicable laws and regulations in connection with your use of the Services.

2. Description of Services

Vitispro provides a wine data intelligence platform that offers:

  • Access to global wine export and trade data, including customs records and market statistics.
  • Data visualization, analytics, and reporting tools for the wine industry.
  • Market trend analysis, price monitoring, and regional insights.
  • Custom report generation and data export capabilities.
  • API access for data integration (where applicable under your subscription plan).

The specific features and data available to you depend on your subscription plan.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate.

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials.
  • All activities that occur under your account.
  • Notifying us immediately at support@vitispro.com of any unauthorized access to or use of your account.

We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 Account Restrictions

You may not:

  • Share your account credentials with any third party.
  • Create multiple accounts for the same individual or entity without our prior written consent.
  • Use another person's account without their authorization and our approval.

4. Subscription Plans and Payment

4.1 Subscription Terms

Access to the Services requires an active subscription. Subscription plans, pricing, and included features are described on our website and may be updated from time to time. Changes to pricing will not affect your current billing cycle but may apply upon renewal.

4.2 Billing and Payment

  • Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan).
  • All fees are stated in United States Dollars (USD) unless otherwise specified.
  • All payment processing is handled securely by Stripe, Inc. ("Stripe"), a PCI-DSS Level 1 certified payment processor. By providing your payment information, you authorize Stripe to charge your designated payment method on our behalf for all applicable fees.
  • Vitispro does not store your full credit card number, CVV, or other sensitive payment credentials on its servers. All payment data is managed and encrypted by Stripe in accordance with their Privacy Policy and Terms of Service.
  • All payments are non-refundable except as expressly stated in these Terms or as required by applicable law.

4.3 Free Trials

We may offer free trial periods at our discretion. At the end of a free trial, your subscription will automatically convert to a paid plan unless you cancel before the trial period expires.

4.4 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on our net income.

5. Acceptable Use

5.1 Permitted Use

You may use the Services solely for your internal business purposes in accordance with these Terms and your subscription plan.

5.2 Prohibited Conduct

You agree not to:

  • Use the Services for any illegal, fraudulent, or unauthorized purpose.
  • Reproduce, redistribute, sublicense, sell, or commercially exploit any data, content, or materials obtained through the Services without our prior written consent.
  • Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Services.
  • Interfere with or disrupt the integrity or performance of the Services or related systems.
  • Circumvent, disable, or otherwise interfere with security features of the Services.
  • Use automated systems, bots, scrapers, or similar tools to access the Services beyond the scope permitted by your subscription.
  • Upload or transmit any malicious code, viruses, or harmful data.
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
  • Use the data obtained through the Services to create a competing product or service.

6. Intellectual Property

6.1 Vitispro's Intellectual Property

All right, title, and interest in and to the Services, including but not limited to the platform, software, algorithms, data compilations, analytics methodologies, reports, user interface designs, trademarks, logos, and documentation, are and shall remain the exclusive property of Vitispro and its licensors. These Terms do not grant you any ownership rights in the Services.

6.2 License to Use

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during your subscription period solely for your internal business purposes.

6.3 Data Ownership

  • Your Data: You retain ownership of any data you upload to the Services. By uploading data, you grant us a limited license to use, process, and store that data solely to provide the Services to you.
  • Platform Data: The aggregated trade data, market intelligence, and analytical outputs provided through the Services are the property of Vitispro. You may use such data for your internal business purposes but may not redistribute or republish it without our prior written consent.

6.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

7. Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

8. Confidentiality

8.1 Confidential Information

Each party may have access to confidential information of the other party in connection with the Services. "Confidential Information" includes any non-public information disclosed by one party to the other, whether orally, in writing, or electronically, that is designated as confidential or that a reasonable person would understand to be confidential.

8.2 Obligations

Each party agrees to:

  • Use the other party's Confidential Information solely for the purposes of these Terms.
  • Not disclose Confidential Information to any third party without the prior written consent of the disclosing party.
  • Protect Confidential Information using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care.

9. Disclaimers

9.1 "As Is" Basis

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VITISPRO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 Data Accuracy

While we strive to provide accurate and up-to-date data, we do not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any data or information provided through the Services. The data is sourced from third-party providers and public records, and we are not responsible for errors or omissions in the source data.

9.3 No Professional Advice

The data, analytics, and insights provided through the Services are for informational purposes only and do not constitute professional, financial, legal, or investment advice. You should consult with qualified professionals before making business decisions based on data obtained through the Services.

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VITISPRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF VITISPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VITISPRO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO VITISPRO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Vitispro, its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Services in violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Your infringement of any third-party rights.
  • Any data or content you upload to or transmit through the Services.

12. Term and Termination

12.1 Term

These Terms are effective as of the date you first access or use the Services and continue until terminated in accordance with this section.

12.2 Termination by You

You may terminate your account at any time by contacting us at support@vitispro.com or through your account settings. Termination does not entitle you to a refund of any prepaid fees unless otherwise required by applicable law.

12.3 Termination by Vitispro

We may suspend or terminate your access to the Services at any time, with or without cause, including but not limited to:

  • Breach of these Terms.
  • Non-payment of fees.
  • Fraudulent, abusive, or illegal activity.
  • Extended periods of inactivity.

We will make reasonable efforts to provide notice before termination, except where immediate termination is necessary to protect the Services, our users, or comply with legal obligations.

12.4 Effect of Termination

Upon termination:

  • Your right to access and use the Services will immediately cease.
  • We may delete your account data after a reasonable retention period (typically 30 days), unless we are required by law to retain it.
  • Sections of these Terms that by their nature should survive termination shall remain in effect, including but not limited to Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our platform, sending an email notification, or through other appropriate means. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved as follows:

  • Informal Resolution: The parties shall first attempt to resolve any dispute informally by contacting each other at the addresses provided herein. The parties agree to negotiate in good faith for a period of at least thirty (30) days before initiating formal proceedings.
  • Arbitration: If the dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and the arbitrator's decision shall be final and binding.
  • Exceptions: Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and Vitispro regarding the Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of Vitispro to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

Vitispro shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

15.6 Notices

Notices to Vitispro should be sent to support@vitispro.com. We may send notices to you via the email address associated with your account.

16. Contact Us

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

Vitispro, LLC Email: support@vitispro.com Website: https://vitispro.com

These Terms of Service are governed by the laws of the State of Delaware, United States of America.

If you have any questions about this document, please contact us at support@vitispro.com