These Terms of Service (“Terms”) govern your access to and use of the websites, software, and services provided by pourd, Inc. (“pourd,” “we,” “us,” or “our”) (collectively, the “Services”). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Accounts
To use most features you must claim a winery account and sign in using a passwordless link sent to your email. You are responsible for the activity that happens under your account and for keeping access to your email secure. You must provide accurate information and promptly update it if it changes. Accounts are for the winery or organization you represent; do not share access with people who are not authorized.
2. Acceptable use
You agree not to:
- Use the Services in violation of any law or regulation.
- Access data that does not belong to your winery, or attempt to bypass access controls or security.
- Upload malicious code, scrape the Services without permission, or interfere with their operation.
- Misrepresent your identity or your authority to act for a winery or organization.
- Use the Services to send unlawful, infringing, or harmful content.
3. Fees
pourd does not charge organizers or wineries anything to use the Services today. If we ever add a paid plan or a fee, we will tell you the price before it applies to you, and nothing will be charged without your agreement. Booth fees that an organizer charges wineries are covered in section 7.
4. Your data
As between you and pourd, you retain ownership of the winery and event data you provide. You grant pourd a license to host, process, and display that data to operate the Services, to generate anonymized and aggregated benchmarks, and to improve the Services. Our handling of personal information is described in our Privacy Policy.
5. Intellectual property
The Services, including the pourd name, logo, software, and content we create, are owned by pourd or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services for your winery’s internal business purposes, subject to these Terms. You may not copy, modify, distribute, or create derivative works from the Services except as expressly permitted.
6. Third-party services
The Services rely on third parties such as Supabase, Stripe, and Vercel, and may link to events and organizers we do not control. We are not responsible for third-party services, and your use of them may be subject to their own terms.
7. Events, organizers, and wineries
pourd is a tool. Event organizers use it to run their events, and wineries use it to take part. pourd does not run events and does not make decisions for organizers or wineries.
- Agreements. Each organizer writes or supplies their own participation agreement. pourd does not write, review, or give advice about any agreement, and is not a party to it.
- Insurance, permits, and RBS. Organizers decide what they require and approve what wineries upload. pourd stores these documents and numbers but does not verify them, and is not responsible for any winery’s insurance, permits, or Responsible Beverage Service certification.
- Booth fees and refunds. Booth fees are paid to the organizer, not to pourd. Each organizer sets their own fees, discounts, and refund policy and handles refunds. Card payments are processed by Stripe on the organizer’s own Stripe account.
- Card processing fees. When online payment is on, each organizer chooses, for each event, whether to absorb the card processing fee or add it to the winery’s total as a separate, clearly shown line. Laws and card network rules on passing card fees to customers vary by state, and some places limit or ban it. The organizer is responsible for making sure their choice is lawful where they and their wineries are, and should check with their own attorney or accountant before choosing. If a payment that included a processing fee is refunded, the winery gets the processing fee back too. The card processor does not return its own fee on refunds, so the organizer bears that cost.
- Event details. Organizers decide booth layouts, assignments, deadlines, reminders, and what makes a winery ready for their event, and may change them.
8. Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that data, benchmarks, or event listings will be accurate or complete.
9. Limitation of liability
To the maximum extent permitted by law, pourd and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or relating to the Services. Our total liability for any claim relating to the Services will not exceed the greater of the amounts you paid us in the twelve months before the claim or one hundred U.S. dollars ($100).
10. Indemnification
You agree to indemnify and hold pourd harmless from claims, losses, and expenses (including reasonable legal fees) arising from your misuse of the Services or violation of these Terms.
11. Termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or to protect the Services or other users. Provisions that by their nature should survive termination (including ownership, disclaimers, and limitation of liability) will survive.
12. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and, where applicable to pourd, Inc. as a Delaware corporation, the corporate laws of the State of Delaware. The exclusive venue for disputes will be the state and federal courts located in California, and you consent to their jurisdiction.
13. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide notice through the Services or by email. Your continued use after changes take effect means you accept the updated Terms.
14. Contact
Questions about these Terms? Email hello@pourdhq.com or write to pourd, Inc., San Luis Obispo, California.