Terms of Service
The agreement between you and Brewstiller for your use of the platform.
Last updated: July 4, 2026
Plain-language summary
These Terms of Service are the contract between Brewstiller and you. The short version:
- You can use Brewstiller to manage your brewing, winemaking, or distilling — at home as a hobbyist or as a commercial producer. You must be at least 21 (US) to sign up.
- You own your data. Recipes, batches, sensor history, Story Pages, compliance records — all yours. We take only the limited license we need to run the service for you.
- You are responsible for the legality of what you make. Brewstiller is record-keeping software. We don't decide whether your production is legal where you live, we don't verify permits, and using a feature is not our statement that the activity it supports is legal for you. Home distilling in particular remains prohibited by federal law in most of the United States — the law is unsettled and changing, and you (with your own lawyer if needed) are responsible for knowing where you stand. See §8.6.
- Filings are drafts until you file them. Where Brewstiller generates regulatory forms (a paid feature governed by separate Compliance Filing Terms), it produces drafts from data you entered, for your review. You review, you certify, you file, and you — the permit holder — answer to the regulator. See §8.
- We won't change the deal on you. Plan pricing and features are grandfathered from when you subscribe (§6.4).
- We try hard to keep the service up, and we're honest about being a small operation. Paid commercial tiers get an availability target with service credits as the remedy (§17); hobby and free tiers are best-effort, as-is. Don't wait until a filing deadline to pull what you need — export early.
- Our liability is tiered: for paid commercial accounts it is capped at what you paid us in the past 12 months (or $100 if more); for hobby, free, and beta accounts it is capped at $100 (aside from things the law won't let us exclude). Neither of us is liable for the other's indirect losses. In particular, we are never liable for your taxes, penalties, interest, or the fate of your permits — those belong to the licensee, which is you. (The one narrow exception is the paid Commercial filing feature's penalty-reimbursement remedy in the Compliance Filing Terms §6.3.) See §22.
- No forced arbitration. No class-action waiver. Disputes go to court (Utah). We think customer-friendly dispute terms are the right brand signal.
- We can change these terms with 30 days' notice for material changes; you can object by terminating.
The rest of this document covers each of these in detail, plus the standard scaffolding (definitions, warranties, liability limits, indemnification, miscellaneous).
1. Acceptance, eligibility, and definitions
1.1 Acceptance
These Terms of Service ("Terms") are a binding contract between you and Brewstiller LLC, a Utah limited liability company ("Brewstiller," "we," "us," "our"). By creating an account, accessing, or using the Brewstiller platform (the "Service"), you agree to be bound by these Terms.
If you are accepting these Terms on behalf of an organization (a brewery, winery, distillery, or other entity), you represent that you have the authority to bind that organization, and "you" refers to that organization as well as to you individually as the person accepting.
If you do not agree to these Terms, do not create an account or use the Service.
1.2 Eligibility
To use the Service, you must:
- Be at least 21 years of age if you are accessing the Service from within the United States, or 18 years of age if you are accessing from outside the United States when international availability ships.
- Have the legal capacity to enter into a binding contract.
- Not be prohibited by applicable law from receiving the Service.
- For commercial use, hold (or operate under the holder of) all federal, state, and local permits and licenses required to lawfully conduct your operations in your jurisdiction. The Service is a tool; it does not substitute for licensure.
You attest to your age and eligibility when you create an account. We may verify additional information if we have reason to doubt your attestation; if we cannot verify your eligibility, we may suspend or terminate your account.
1.3 Geographic availability
The Service is currently available only to customers located in the United States. You may not access or use the Service from outside the United States without our prior written agreement. When we extend the Service to additional jurisdictions, these Terms will be updated as required by applicable foreign law.
1.4 Definitions
Capitalized terms used in these Terms have the meanings given here.
- "Account" means your individual login credentials and associated profile.
- "AUP" means the Acceptable Use Policy in §11.
- "Beta Addendum" means the supplemental terms that apply during the invite-only beta period, as described in §15.
- "Commercial Customer" means a customer that subscribes to or operates a Commercial Workspace. Commercial Customers include breweries, wineries, distilleries, and other regulated producers.
- "Commercial Workspace" means a Workspace configured for commercial use (the workspace owner indicated commercial operation at creation; the workspace holds permit information and is subject to alcohol-industry regulatory record-keeping obligations).
- "Compliance Filing Terms" means the supplemental terms on the Compliance Filing Terms page governing the paid regulatory-filing feature, per §8.4. The Compliance Filing Terms are incorporated into these Terms for customers who use that feature and control over these Terms on the subjects they address.
- "Confidential Information" has the meaning given in §16.
- "Cookie Notice" means Brewstiller's cookie and tracking-technology notice, the Cookie Notice.
- "Customer Data" means all data, content, materials, recipes, batch records, sensor readings, photos, attachments, Story Page content, and other information that you (or anyone using your Account or Workspace with your permission) submit to or store in the Service.
- "DPA" means the Data Processing Addendum that governs Brewstiller's processing of personal data on behalf of Commercial Customers; available as the Data Processing Addendum.
- "Documentation" means the user-facing help center, in-product help text, API specification, and other official documentation Brewstiller publishes about the Service.
- "Fees" means the subscription fees, taxes, and other amounts payable for the Service.
- "Filing Output" means any regulatory form, report, return, or filing-ready document (or portion of one) that the Service prepares from Customer Data — for example, draft TTB operations reports, draft excise returns, or draft state filings.
- "Hobby Workspace" means a Workspace configured for personal, non-commercial brewing, winemaking, or distilling.
- "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights recognized in any jurisdiction.
- "Plan" means the subscription plan you select (e.g., Hobby Free, Hobby Pro, Commercial Free, Commercial Starter, Commercial Growth, Commercial Enterprise).
- "Privacy Policy" means Brewstiller's Privacy Policy, as updated from time to time.
- "Service" means the Brewstiller production-management platform, including the web application, any related APIs, mobile applications, and supporting infrastructure.
- "Subprocessor" means a third-party service provider that processes Customer Data on Brewstiller's behalf; the current list is published as the Subprocessor List.
- "Subscription Term" means the period during which you are subscribed to a Plan.
- "Workspace" means an instance of the Service configured for a single user or organization.
2. Description of the Service — and what the Service is not
2.1 What the Service is
Brewstiller is a production-management platform for brewing, winemaking, and distilling. The Service provides functionality including (but not limited to) recipe management, batch tracking, multi-stage production workflows, ingredient inventory, equipment and cooperage management, sensor data ingestion, gauging records, compliance record-keeping, preparation of draft regulatory filings (per §8), consumer-facing Story Pages, billing, and reporting.
Specific features depend on your Plan (§4) and your Workspace's operating mode (Hobby or Commercial). Features and Plan-specific limits are described in the Documentation.
We may add, modify, improve, or deprecate features over time. Material reductions to features available under your existing Plan are subject to the grandfathering commitment in §6.4.
The Service is provided as software-as-a-service: you access it through a web browser (and, in future phases, native mobile applications). You do not receive a copy of the underlying software and have no rights in it beyond the limited license in §10.
2.2 What the Service is not
For clarity, and without limiting §8 and §24:
- The Service is not a law firm, accounting firm, tax preparer, compliance consultancy, or regulatory agent, and using it does not create any attorney-client, accountant-client, fiduciary, or professional-advisor relationship.
- The Service is not a determination that any production activity is lawful for you, in your location, under your circumstances (§8.6).
- The Service is not a safety system. Sensor readings, alerts, and monitoring features are informational conveniences, not safety controls (§8.7).
- The Service does not file anything with any regulator on its own. Where filing-preparation features exist, they produce drafts that you review, certify, and submit yourself (§8), except to the extent an expressly identified future feature, governed by the Compliance Filing Terms, provides otherwise.
3. Your account
3.1 Account creation
To use the Service, you must create an Account. Account creation requires accurate information (per the Privacy Policy and the fields requested at signup) and your eligibility attestation (§1.2). You are responsible for the accuracy of the information you provide and should update it promptly if it changes.
3.2 Account security
You are responsible for maintaining the confidentiality of your Account credentials and for all activity under your Account. You agree to:
- Use a strong, unique password (or a passkey, or social sign-in through a supported provider).
- Enable multi-factor authentication where available and where required by your Workspace's role configuration.
- Not share your credentials with any other person (invite collaborators as additional users per §3.3 instead).
- Promptly notify us if you suspect your credentials are compromised.
We are not liable for losses arising from your failure to comply with these obligations.
3.3 Workspace membership and team users
If you operate a Commercial Workspace, you may invite additional users. Each invited user must create their own Account; Account sharing is prohibited. Each user's actions are attributed to their individual Account for audit and compliance purposes (necessary for TTB and state operator-identification record-keeping).
You are responsible for the actions of users you invite, for ensuring they meet the eligibility requirements in §1.2, and for promptly removing users who no longer require access.
3.4 Account suspension by you
You may stop using the Service at any time. To formally terminate, see §20.
4. The Service tier model
The Service is offered in multiple Plans across two operating modes:
- Hobby Plans — for personal, non-commercial brewing, winemaking, or distilling.
- Commercial Plans — for regulated commercial production operations.
At v1, the Plans offered are:
| Mode | Plan |
|---|---|
| Hobby | Hobby Free, Hobby Pro |
| Commercial | Commercial Free, Commercial Starter, Commercial Growth, Commercial Enterprise |
Specific Plan features, limits, and pricing are on the Brewstiller pricing page and in the Documentation. Free tiers carry no charge but tighter limits.
Production management and data capture are available on free tiers. The regulatory filing-preparation feature (§8) is available only on paid Commercial Plans and requires acceptance of the Compliance Filing Terms. This is deliberate: a paid, contracted relationship is a condition of relying on Filing Outputs.
4.1 Going commercial
You choose a Workspace's mode when you create it. To begin commercial operations, you create a new Commercial Workspace — your Hobby Workspace stays as it is, so personal and commercial records never commingle. You can optionally bring selected sensors, equipment, materials, and recipes over from a Hobby Workspace. (In-place mode conversion requires Brewstiller support intervention at v1.)
4.2 Switching Plans within a mode
You may upgrade or downgrade between Plans within the same mode at any time through account settings. Changes take effect immediately with prorated billing (§5).
4.3 Enterprise Plans
Commercial Enterprise Plans are negotiated through Brewstiller's sales process and governed by a separate Enterprise contract that supplements (or, where it explicitly so provides, supersedes) these Terms.
5. Fees, billing, and payment
5.1 Fees
Fees for paid Plans are specified on the pricing page at the time you subscribe. You are responsible for all Fees that accrue, plus applicable taxes (§5.5). Free Plans carry no Fees; documented limits apply per §7.
5.2 Billing period
Paid Plans bill monthly or annually at your selection. Annual billing offers a discount of approximately 10% versus twelve months of monthly billing.
5.3 Payment method
You must provide a valid payment method to subscribe to a paid Plan. Payment processing is handled by Stripe, our payment Subprocessor; payment details are submitted directly to Stripe via Stripe-hosted forms (Brewstiller does not receive or store your card number). By providing a payment method, you authorize Brewstiller (through Stripe) to charge the applicable Fees and taxes each billing cycle.
5.4 Mid-cycle changes (proration)
Upgrades produce a prorated charge for the remainder of the current period. Downgrades produce a prorated credit applied to your account balance (cash refunds of credit balances on request to support). Switching between monthly and annual billing is treated as a Plan change with the same proration logic. Enterprise contracts may differ.
5.5 Taxes
Fees exclude taxes unless stated. Sales tax, VAT, GST, and similar taxes are added as required by law, calculated through Stripe Tax based on your billing address. If you declare tax-exempt status, you represent that you are legitimately exempt, will keep documentation current, and will indemnify Brewstiller for tax liability arising from an inaccurate declaration.
5.6 Late payment and dunning
If a scheduled charge fails, we retry per Stripe's standard schedule (typically ~14 days), during which your Account remains fully functional. If payment is not collected within the window, your Workspace downgrades to the equivalent free tier — you do not lose your Workspace, your data, or your access; your Plan reverts to free. Restore your Plan any time by updating your payment method. Note that a downgrade ends access to paid-only features, including the filing feature (§8.4); records already created remain yours and remain exportable.
5.7 Cancellation
You may cancel any time through the customer portal or account settings. Cancellation takes effect at the end of the current billing period by default; your Workspace then reverts to the equivalent free tier and your data is preserved per the Privacy Policy. Immediate cancellation is available on request, with a prorated credit for unused time.
5.8 Refunds
Fees already paid are not refunded by default. You may request a refund through support; refunds are discretionary, typically for: the first 30 days of a subscription (no-questions-asked window); material service unavailability not remediable through service credits; or documented billing errors on our side.
5.9 Free trials
We may offer a free trial of a paid Plan (below Enterprise) — typically 30 days, no payment method up front. If the trial ends without a payment method on file, your Workspace downgrades to the corresponding free tier with no loss of Workspace, data, or access — only paid features and limits lapse. One trial per Workspace lifetime. The trial is distinct from the §5.8 refund window.
6. Subscription term, renewal, and grandfathering
6.1 Subscription term
Your subscription begins at Account creation (free tiers) or successful subscription (paid tiers) and continues for successive billing periods until cancelled or terminated per §20.
6.2 Automatic renewal
Paid subscriptions automatically renew at each period end at your Plan version's Fees (which do not change, per §6.4). You may disable auto-renewal at any time. For annual subscriptions, renewal reminders are sent approximately 30 and 7 days before renewal.
6.3 Enterprise renewal
Per the Enterprise contract.
6.4 Indefinite grandfathering of Plan terms
This is a meaningful commitment to you and a deliberate brand position. Once you subscribe to a Plan, that Plan version's pricing, included features, limits, and capabilities are locked. New Plan versions apply only to new signups; they do not reduce or change your deal, indefinitely.
The commitment is one-way: it protects against reductions, removals, and pay-walling — it does not prevent us from adding new value to your existing Plan. Most new features extend automatically to all customers as part of your continuing subscription.
Protected:
- No Fee increases for your existing Plan version.
- No reduction of your Plan version's included features or limits.
- No gating of previously-included capabilities behind higher tiers.
- No "upgrade to keep using X" pressure.
Explicitly allowed (and the default for most new features):
- Adding new universal features (security, performance, accessibility, new sensor types, new report formats) to your existing Plan automatically, at no additional cost.
- Adding new audience-scoped features (e.g., all commercial workspaces) to every matching workspace regardless of subscription date.
- Reserving certain premium features for newer Plan versions, identified clearly at release so you can decide whether to upgrade.
You may always voluntarily switch to a newer Plan version; if you do, the new version's terms (including Fees) apply.
Narrow exceptions:
- Cost-to-serve abuse — if your usage generates platform load far beyond what your Plan reasonably contemplates (misconfigured device, bug, abuse pattern), we may rate-limit, throttle, or in extreme cases suspend, with notification and remediation paths.
- Voluntary Plan change — you accept the new Plan's terms.
- Termination for cause — §20.
- Legal or regulatory requirement — if a change in applicable law requires modifying the Service or its terms, that change applies even to grandfathered Plans (maximum practicable notice).
- Third-party discontinuation — if a third-party service or device integration a feature depends on is discontinued or materially restricted by its vendor and no commercially reasonable replacement exists, we may modify or retire that specific feature (maximum practicable notice; we will pursue a replacement where reasonable).
6.5 Free-tier grandfathering
The grandfathering commitment applies equally to free Plans: your signup-time limit set stays with your Account while you remain on that free Plan.
6.6 Changes to the Service vs. changes to your Plan
Grandfathering applies to Plan terms (pricing, included features, limits). It does not prevent general Service improvements, interface updates, or operational changes; you receive those as part of your subscription.
7. Plan limits
Each Plan has documented limits (sensors, users, locations, alert rules, sensor data rates, etc.), aligned with cost-to-serve.
7.1 Enforcement model
- Soft limits (default) — approaching or exceeding one produces an in-app notification and email; your action proceeds.
- Hard limits (specific documented caps) — actions that would exceed them are refused with a clear error. Hard limits protect system stability (e.g., sensor ingest rate caps) and are documented.
7.2 Limits in the Documentation
Specific values and soft/hard classifications are on the pricing page and in the Documentation. Classification changes apply to new signups only (§6.4).
7.3 Sustained limit excess
Sustained operation substantially above soft limits without upgrading may eventually require you to upgrade or reduce usage — the cost-to-serve case in §6.4, always with reasonable advance notice and choices (upgrade, reduce, or terminate).
8. Regulatory filings, compliance tools, and the legality of your production activities
8.1 You are the regulated party; we are a software tool
All permits, registrations, bonds, licenses, filings, taxes, and regulatory relationships connected to your production activities belong to you. TTB, state alcohol authorities, tax authorities, and local agencies regulate and look to you, not to Brewstiller. Nothing in the Service — no feature, computation, validation, warning, or absence of a warning — transfers any part of your regulatory responsibility to Brewstiller.
8.2 Filing Outputs are drafts prepared from your data, for your review
Where the Service prepares Filing Outputs (draft TTB operations reports, draft excise returns, draft state filings, and similar), the following applies:
- Filing Outputs are drafts. They are working documents prepared from Customer Data for your review — not completed filings, not certified returns, and not representations by Brewstiller that any value in them is correct for your circumstances.
- Filing Outputs are derived from data you entered. Their accuracy depends on the accuracy and completeness of your records. If your inputs are wrong or incomplete, the outputs will be wrong. You are responsible for the accuracy of Customer Data (§9.7).
- Some determinations require information the Service cannot see. Certain regulatory determinations (for example, controlled-group membership and single-taxpayer aggregation affecting CBMA tax-rate eligibility) depend on facts outside your Workspace. Where the Service flags such a dependency, you must supply and verify the relevant facts; where it does not, your obligation to know your own circumstances is unchanged.
- Review before filing is mandatory, not optional. Before a Filing Output is finalized for submission, the Service requires you to review it and affirmatively confirm that you have reviewed it and that, to your knowledge, it is accurate and complete (the "Filing Review Step"). Completing the Filing Review Step is your certification to Brewstiller — and the predicate for your certification to the regulator — that you, the filer, have reviewed and adopted the contents. You may not configure, automate, or instruct anyone to bypass the Filing Review Step.
- You are the filer of record. You (not Brewstiller) sign, certify, and submit each filing to the regulator, and you are solely responsible for its content, its timeliness, and its consequences — including taxes, penalties, interest, audits, and permit actions.
8.3 No professional services; no advice
Brewstiller is a software provider. Brewstiller is not a law firm, accounting firm, enrolled agent, tax-return preparer, compliance consultant, or agent for service of regulatory process, and does not provide legal, tax, accounting, or regulatory advice. No feature of the Service — including computed values, validations, warnings, form mappings, or help content — is advice, and none of it creates a professional, fiduciary, or advisory relationship. You are responsible for obtaining advice from qualified professionals appropriate to your business.
8.4 The paid filing feature and the Compliance Filing Terms
The filing-preparation feature is available only on paid Commercial Plans and only after you accept the Compliance Filing Terms, which supplement these Terms and control over them on the subjects they address (including the filing-specific limitation of liability). If you have not accepted the Compliance Filing Terms, the Service will not generate final Filing Outputs for you.
8.5 Record-keeping features on free tiers
Data capture and production record-keeping are available on free tiers. Records you keep in the Service can support your own manually-prepared filings; §8.1–8.3 apply to that use with equal force. Filing Outputs themselves are a paid feature per §8.4.
8.6 Legality of your production activities — including home distilling
You are solely responsible for determining whether your production activities are lawful under the federal, state, and local law that applies to you, and for conducting them lawfully.
Specifically as to home (non-commercial) distillation of beverage alcohol, you acknowledge the following, which Brewstiller provides as general information and not as legal advice or a legality determination:
- As of the last-updated date of these Terms, federal law generally prohibits distilling beverage spirits at home without qualification as a distilled spirits plant, and violations can be prosecuted as federal felonies.
- The state of that law is unsettled and actively changing: one federal court of appeals has held the federal prohibition unconstitutional as applied within its circuit, another has upheld it, and further review is possible. The legal effect of those decisions is limited, contested, and subject to change at any time.
- Many states separately prohibit home distillation under state law regardless of federal law.
- Brewstiller does not determine, verify, represent, or warrant that any production activity — distilling, brewing, winemaking, or otherwise — is legal for you in your location. The presence of any feature in the Service (including distillation-related features), and the absence of geographic restrictions on any feature, is not a representation that using it is lawful anywhere. We do not geo-restrict features, and we do not undertake any duty to do so, to monitor your legal compliance, or to warn you about the law of your jurisdiction.
- Consult your own qualified counsel before engaging in any activity whose legality you are not certain of. If an activity is unlawful where you are, do not do it — with or without Brewstiller.
Producing alcohol without required permits, or in violation of applicable law, is a violation of the AUP (§11.1) whatever tools you use, including ours.
8.7 Safety — the Service is not a safety system
Brewing, fermentation, and especially distillation involve real physical hazards: flammable vapors, pressurized vessels, heat sources, carbon dioxide, and toxic congeners, among others. The Service's sensor readings, alerts, dashboards, and monitoring features (including still-monitoring views and threshold alerts) are informational conveniences only. They are not designed, tested, or certified as safety instrumentation; they depend on your hardware, your configuration, your network, and third-party services, any of which can fail, lag, or misreport without warning.
Never rely on the Service to detect or prevent a hazardous condition, to protect life, health, or property, or as a substitute for physical supervision, proper equipment, and safe operating practices. You are solely responsible for the safe conduct of your production activities.
8.8 No warranty of regulatory outcomes
Without limiting §24, Brewstiller does not warrant that use of the Service will result in compliance with any law or regulation, acceptance of any filing, passage of any audit, retention of any permit, or any other regulatory outcome.
9. Customer Data
9.1 Your ownership
You own all Customer Data. Brewstiller acquires no ownership interest in Customer Data through your use of the Service.
9.2 Limited license to operate the Service
You grant Brewstiller a limited, non-exclusive, worldwide, royalty-free license to access, store, copy, transmit, modify (only as necessary for technical operation), and otherwise use Customer Data solely to provide and improve the Service for you, including to:
- Display Customer Data to you and other authorized users of your Workspace.
- Apply lineage, retention, and tiering operations per the Documentation and the Privacy Policy.
- Prepare Filing Outputs, Story Pages, invoices, and other outputs you request.
- Back up Customer Data.
- Apply security measures, fraud detection, and abuse prevention.
- Process Customer Data through Subprocessors per the Privacy Policy and DPA.
- Aggregate or de-identify Customer Data for the limited purposes in §13 of the Privacy Policy.
The license terminates when you delete Customer Data (subject to backup retention timelines), terminate your subscription, or close your Account — except for Customer Data that Brewstiller is legally required to retain (§9.4).
9.3 No use of Customer Data for training third-party AI models
Brewstiller does not use Customer Data to train artificial intelligence models for third parties or for any purpose outside operating and improving the Service for you. If we develop AI features that would benefit from training on Customer Data, we will obtain your specific, opt-in consent first.
9.4 Data retention and deletion
Retention and deletion are governed by the Privacy Policy. In summary:
- Hobby Workspaces — full deletion within 30 days of a completed termination request, subject only to active litigation hold.
- Commercial Workspaces — deletion within 30 days of everything we are not legally required to retain; regulatory compliance records retained for the periods federal and state alcohol regulations require, then deleted.
We will provide a complete export of your data on request at any time (and proactively at termination), and will clearly identify which categories are being retained for regulatory reasons and for how long.
9.5 Your backups
Brewstiller maintains operational backups sufficient for our own disaster recovery. You are responsible for maintaining your own exports/backups of any Customer Data you cannot afford to lose — particularly records you rely on for regulatory obligations. The export functionality exists for exactly this; use it regularly, and do not wait until a filing deadline (§17.6).
9.6 Customer Data on Story Pages
Content you publish to a Story Page is visible to anyone who scans the relevant QR code. You are responsible for not publishing information you don't intend to be public, and for your Story Pages' compliance with labeling and advertising law (§11.2).
9.7 Data accuracy and your responsibility
You are responsible for the accuracy and completeness of Customer Data. The Service may apply validation rules that help you catch errors; validations are conveniences, not guarantees, and their absence for a given field is not a representation that no validation is needed. Responsibility for the accuracy of records — particularly records used to prepare Filing Outputs — is yours (§8.2).
10. Brewstiller Intellectual Property and license to use the Service
10.1 Brewstiller's ownership
Brewstiller and its licensors retain all right, title, and interest in and to the Service, including software, UI design, documentation, branding, and related Intellectual Property Rights. These Terms grant you no rights in them except the limited license in §10.2.
10.2 Limited license
Subject to your compliance with these Terms and payment of applicable Fees, Brewstiller grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own internal business or personal purposes during your active subscription.
10.3 Restrictions
You may not, and may not permit any third party to:
- Copy, modify, distribute, sell, rent, lease, sublicense, or create derivative works from the Service.
- Reverse-engineer, decompile, disassemble, or attempt to extract source code.
- Scrape or systematically extract data through automated means (other than a published official API used per its documentation).
- Use the Service to develop a competing product, or benchmark it for that purpose.
- Remove or obscure proprietary notices (subject to your Story Page customization rights).
- Use the Service in any manner not authorized by these Terms.
10.4 Feedback
If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant Brewstiller a perpetual, irrevocable, royalty-free, worldwide license to use it for any purpose, without compensation or attribution. We have no obligation to implement Feedback or keep it confidential.
10.5 Trademarks
"Brewstiller," the Brewstiller logo, and other Brewstiller marks may not be used without prior written permission, except factual vendor identification ("We use Brewstiller for production management").
11. Acceptable Use Policy
You agree not to use the Service — and not to allow any user of your Workspace to use it — for any of the following:
11.1 Illegal or harmful uses
- Any unlawful activity, or activity violating federal, state, or local law in any jurisdiction where you operate — including producing alcohol that it is unlawful for you to produce (see §8.6).
- Producing or distributing alcoholic beverages without all required federal, state, and local permits and licenses, where such permits are required.
- Falsifying or fabricating regulatory records, compliance filings, or any data used for regulatory submission.
- Submitting fraudulent claims to TTB, state alcohol regulators, FDA, tax authorities, or other regulatory bodies.
- Facilitating illegal sale of alcohol (sale to minors, unlicensed interstate shipping, sale into prohibited jurisdictions — including any direct-to-consumer spirits shipping path prohibited by the destination state).
- Violating export controls, sanctions, or trade-restriction laws.
11.2 Misrepresentation
- Impersonating another producer, brand, or person.
- Publishing Story Pages that misrepresent origin, ingredients, production methods, age, or characteristics of a product in a way that violates COLA approvals/exemptions or advertising law.
- Claiming COLA approvals or certifications you do not have.
- Misrepresenting your relationship with another producer, distributor, retailer, or supplier.
11.3 Security and platform integrity
- Attempting unauthorized access to the Service, other Workspaces, or Brewstiller infrastructure.
- Probing or testing vulnerabilities without prior written authorization (responsible disclosure: [email protected]).
- Introducing malicious code.
- Interfering with or disrupting the Service, including deliberately evading documented rate limits.
- Cryptocurrency mining or other compute-intensive workloads unrelated to production management.
11.4 Content and behavior
- Content infringing third-party Intellectual Property Rights.
- Defamatory, obscene, hateful, or harassing content; harassment of any person; spam; harvesting others' personal information.
11.5 Account integrity
- Credential sharing (§3.2).
- Accounts created with false information or to evade eligibility requirements or enforcement.
- Operating multiple free-tier Accounts to evade Fees.
11.6 Enforcement
We may investigate suspected violations and, based on severity: warn and require correction; suspend a feature; suspend the Account or Workspace; terminate per §20; or report to law enforcement or regulators where required by law or where the violation is severe. For most violations we provide notice and an opportunity to cure; for severe violations (security attacks, fraud, regulatory fraud, illegal activity) we may act immediately and notify afterward.
12. Privacy and data protection
12.1 Privacy Policy and Cookie Notice
Brewstiller's handling of personal information is described in the Privacy Policy, and its use of cookies and similar technologies in the Cookie Notice; both are incorporated by reference.
12.2 Data Processing Addendum (Commercial Customers)
If you are a Commercial Customer, Brewstiller's processing of personal data about your employees, customers, vendors, counterparties, and other individuals is governed by the DPA, incorporated by reference. By creating a Commercial Workspace and processing others' personal data through the Service, you accept the DPA.
12.3 Your privacy obligations
If you submit personal information about other individuals, you represent that you have the legal authority to do so, and that you have provided required notices and obtained required consents. You are responsible for honoring those individuals' privacy rights; Brewstiller assists per the DPA.
12.4 No public disclosure of confidential operational data
Brewstiller will not publicly disclose your specific operational data, Customer Data, business performance, or customer relationships. Aggregate, de-identified statistics may be produced per §13.
13. Aggregated and de-identified data
Subject to the Privacy Policy, Brewstiller may produce aggregated, de-identified statistics across the platform (e.g., average fermentation duration by style, regional ingredient trends, total Story Page scan volume) and use them for research, product improvement, benchmarking, and marketing. Such statistics do not identify your Workspace, your Customer Data, your operations, or any person, and Brewstiller will not produce statistics that single out individual customers or that could reasonably be reverse-engineered to identify your operations.
14. Subprocessors and third-party services
Brewstiller uses Subprocessors to provide the Service; the current list is published as the Subprocessor List and updated over time. We provide at least 30 days' notice before adding a new Subprocessor that processes Customer Data (published on the Subprocessor List page and emailed to Workspace owners), except that emergency replacements needed for availability or security take effect on the notice practicable, with explanation, per DPA §5.3. Commercial Customers may terminate if they object to a new Subprocessor before it begins processing their data, per the DPA.
The Service may also integrate with third-party services that are not Subprocessors (e.g., your accounting software; sensor devices and their vendor clouds that you choose to connect). Your use of those services is governed by their own terms; Brewstiller is not responsible for their performance, availability, data practices, or accuracy of the data they deliver (including sensor readings).
15. Beta period
The Service may be (or may have been) offered in a limited invite-only beta before its v1.0 production launch. During the beta period:
- These Terms apply as supplemented and modified by the Beta Addendum (published as the Beta Addendum).
- The Service is provided "as available" with reduced commitments per the Beta Addendum.
- Beta participation is by invitation only and non-transferable.
- Feedback expectations for beta participants are set out in the Beta Addendum.
At production launch the Beta Addendum stops applying; existing participants transition to these Terms per the Beta Addendum's transition provisions.
16. Confidentiality
16.1 Definition
"Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is identified as confidential or would reasonably be understood as confidential. For Brewstiller: source code, internal architecture, non-public pricing, roadmaps. For you: Customer Data, recipes, customer lists, business performance, and similar non-public business information.
Exclusions: information (a) already known without confidentiality obligation; (b) publicly available through no breach; (c) independently developed; (d) rightfully received from a third party without obligation.
16.2 Obligations
The Receiving Party will use Confidential Information only as necessary under these Terms; protect it with at least reasonable care; and disclose it only to employees, contractors, advisors, and Subprocessors with a need to know who are bound by comparable confidentiality obligations.
16.3 Required disclosure
If disclosure is required by law or legal process, the Receiving Party will (where legally permitted) give prompt notice so the Disclosing Party can seek protection, and will disclose only the required portion.
16.4 Term
Confidentiality obligations survive termination for as long as the information remains confidential (indefinitely for trade secrets).
17. Service availability
17.1 Availability target (paid Commercial Plans)
For paid Commercial Plans (Commercial Starter, Growth, and Enterprise), Brewstiller targets 99.5% monthly uptime for the core Service ("core Service" = the ability to sign in and read, create, and modify Customer Data through the web application).
Uptime is measured per calendar month: (total minutes − downtime minutes) / total minutes. "Downtime" excludes: scheduled maintenance announced ≥48 hours ahead; outages caused by your equipment, network, or third-party integrations; force majeure (§25); your breach of these Terms; and Subprocessor outages where Brewstiller has otherwise complied with its obligations (we will use commercially reasonable efforts to restore promptly).
17.2 Service credits
If monthly uptime for a paid Commercial Plan falls below the target:
| Monthly uptime | Service credit |
|---|---|
| Below target and ≥ 99.0% | 10% of the monthly Fee for the affected month |
| < 99.0% and ≥ 95.0% | 25% of the monthly Fee |
| < 95.0% | 50% of the monthly Fee |
Credits must be requested in writing within 30 days after the affected month, are applied to your balance (not cash), and are the sole and exclusive remedy for availability shortfalls.
17.3 Hobby Plans and free tiers — no availability commitment
Hobby Plans (including the paid Hobby Pro Plan) and Commercial Free Plans are provided "as available" without any availability commitment or service-credit remedy, though they run on the same infrastructure and operational practices as paid Commercial Plans. The §17.1 availability target and §17.2 service credits apply only to paid Commercial Plans.
17.4 Enterprise Plans
Enterprise contracts may specify alternative commitments; where silent, this §17 applies.
17.5 Beta period
During beta, availability is governed by the Beta Addendum.
17.6 Filing deadlines and availability
We schedule maintenance with regulatory filing cycles in mind where practicable. Nonetheless, you are responsible for building reasonable lead time into your filing workflow — prepare, review, export, and file with margin, and do not treat the Service's availability at any particular hour as an assumption your compliance depends on. Service credits under §17.2 are the exclusive remedy for unavailability, including unavailability that coincides with a filing deadline (see §22).
18. Support
18.1 Channels
- Help center documentation — all users.
- Email support ([email protected]) and in-app support — all users.
- Priority channels — Commercial Growth and Enterprise per their Plan terms.
18.2 Response-time targets
The following are good-faith operational targets, not contractual commitments (except as an Enterprise contract expressly provides):
| Plan tier | First-response target |
|---|---|
| Free Plans | Best effort, typically within 3 business days |
| Hobby Pro, Commercial Starter | 2 business days |
| Commercial Growth | 1 business day |
| Commercial Enterprise | Per Enterprise contract |
"Business day" = Monday–Friday excluding US federal holidays, US Mountain Time.
18.3 Prioritization
Platform-wide issues are prioritized over single-Workspace issues; security incidents are escalated immediately regardless of source.
18.4 Support scope
Support covers use of the Service. It does not cover: customization beyond the Documentation; unsupported third-party integrations; legal, regulatory, tax, accounting, or business advice (we can explain how the Service handles a scenario; the legal interpretation is yours and your advisors' — §8.3); or bespoke training (an Enterprise add-on).
19. Changes to the Service
19.1 Our right to change
Brewstiller may modify, update, improve, or change the Service at any time — adding features, improving existing ones, updating the interface, improving the technology, deprecating obsolete features, and responding to legal, security, or operational requirements.
19.2 Material changes affecting your Plan
Changes that materially reduce functionality under your existing Plan are subject to §6.4. New features on higher Plans or newer Plan versions do not retroactively appear on your Plan; you opt in by switching.
19.3 Beta features within the production Service
Features marked "beta" or "preview" in the interface may have reduced commitments, may change without notice, and may be removed. Filing-preparation features will not be offered in "beta" designation for live regulatory use — a Filing Output feature is either supported for real filings under the Compliance Filing Terms or clearly marked as sample/preview output not for submission.
20. Suspension and termination
20.1 Termination by you
Any time, via the customer portal or support. Effective at period end by default; immediate on request.
20.2 Termination by Brewstiller for cause
We may terminate or suspend your Account or Workspace if: you materially breach these Terms and fail to cure within 30 days of notice (or immediately, for incurable breaches); you violate the AUP (per §11.6 timing); required by law or legal process; bankruptcy/insolvency where law permits; or dunning failure beyond §5.6 where the free-tier downgrade is unworkable.
20.3 Termination by Brewstiller without cause
Only on at least 90 days' notice, and realistically only in connection with discontinuing the Service or substantially restructuring Plans. Unused prepaid Fees are refunded pro rata.
20.4 Effect of termination
- Access ends per the termination timing.
- You may export your Customer Data per §9.4 and the Privacy Policy; download what you want to keep before the export window closes.
- We delete data per the Privacy Policy timelines, subject to regulatory retention for Commercial Workspaces.
- Outstanding Fees become due.
- The §10.2 license terminates.
- Provisions intended to survive continue per §27.11.
20.5 No accelerated payment obligation
Termination does not accelerate Fees not yet due.
20.6 Service discontinuation and records continuity
Because Commercial Customers may rely on the Service as a repository for regulatorily-required records, if Brewstiller decides to discontinue the Service entirely, we commit to:
- At least 90 days' advance notice to all customers (per §20.3), timed with awareness of major federal filing cycles where practicable.
- A wind-down export window of at least 90 days from notice during which full data export remains available, including: complete Customer Data in structured machine-readable formats, and human-readable (PDF or equivalent) renderings of records and previously generated Filing Outputs suitable for regulatory retention outside the platform.
- Documentation describing the export formats sufficiently for you or a successor vendor to interpret them.
- Commercially reasonable efforts to identify transition options (successor products, data-conversion paths).
This §20.6 does not extend Brewstiller's existence or create liability beyond §22; it defines the orderly-shutdown behavior you can expect.
21. Dispute resolution
21.1 Informal resolution first
Contact [email protected] with a description of the dispute. If not resolved within 60 days, either party may proceed formally.
21.2 Governing law and venue
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws principles. Any legal action must be brought in the state or federal courts in Salt Lake County, Utah; both parties consent to exclusive jurisdiction and waive venue objections.
21.3 No mandatory arbitration
Brewstiller does not require arbitration. Disputes are resolved in court per §21.2. This is a deliberate, customer-friendly brand position.
21.4 No class-action waiver
Brewstiller does not waive your right to participate in class actions.
21.5 Equitable relief
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent breach of §16 (Confidentiality) or infringement of Intellectual Property Rights.
21.6 Time limit on claims
Claims must be brought within two years after the cause of action accrues, to the extent permitted by applicable law (consumer-protection statutes may override). This limit does not apply to Brewstiller's claims for unpaid Fees.
22. Limitation of liability
22.1 Disclaimer of indirect damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE SERVICES, AND (WITHOUT LIMITING §22.3) LOSSES ARISING FROM REGULATORY PROCEEDINGS, AUDITS, PENALTIES, OR PERMIT ACTIONS — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 Liability cap, by account type
Paid Commercial accounts. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF:
- THE TOTAL FEES YOU PAID TO BREWSTILLER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
- ONE HUNDRED US DOLLARS ($100).
Hobby, free, and Beta accounts (Hobby Free, Hobby Pro, Commercial Free, and any account during the Beta Period). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREWSTILLER'S TOTAL CUMULATIVE LIABILITY TO THESE USERS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED US DOLLARS ($100), REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. THE SERVICE IS OTHERWISE PROVIDED TO THESE ACCOUNTS "AS IS" AND "AS AVAILABLE" (§24.2). AS WITH PAID ACCOUNTS, THIS CAP IS SUBJECT TO THE §22.4 EXCEPTIONS AND DOES NOT APPLY TO LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR LIMITED — INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, AND FOR DEATH OR PERSONAL INJURY CAUSED BY BREWSTILLER'S NEGLIGENCE.
Liability arising out of or related to Filing Outputs or the filing feature is further governed by the filing-specific limitation in the Compliance Filing Terms, which controls for such claims (the filing feature is available only on paid Commercial Plans).
22.3 Excluded amounts — your taxes and regulatory consequences
WITHOUT LIMITING §22.1 OR §22.2, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREWSTILLER WILL IN NO EVENT BE LIABLE FOR:
- TAXES, DUTIES, OR EXCISE OBLIGATIONS YOU OWE to any government, in any amount, under any theory — these are your obligations as the taxpayer and would have been owed regardless of any act or omission of Brewstiller;
- PENALTIES, INTEREST, FINES, OR ASSESSMENTS imposed on you by any regulator or tax authority;
- THE SUSPENSION, REVOCATION, NON-RENEWAL, OR CONDITIONING OF ANY PERMIT, LICENSE, BOND, OR REGISTRATION, or any consequence of a regulatory audit, investigation, or enforcement action against you;
- CONSEQUENCES OF YOUR PRODUCTION ACTIVITIES THEMSELVES, including criminal exposure, personal injury, or property damage arising from producing alcohol (see §8.6–8.7).
22.4 Exceptions to the liability cap
The limitations in §22.1 and §22.2 do not apply to:
- Your obligation to pay Fees due.
- Your indemnification obligations under §23.1.
- Your violation of Brewstiller's Intellectual Property Rights or material breach of the AUP.
- Either party's fraud, or willful misconduct.
- Liability that cannot be excluded or limited under applicable law.
22.5 Application to all theories
The limitations and exclusions in this §22 apply to the fullest extent permitted by law regardless of the form of action or theory of liability — contract, warranty, tort (including negligence and negligent misrepresentation), strict liability, statute, or otherwise — and even if a limited remedy fails of its essential purpose.
22.6 Basis of the bargain
You acknowledge that the limitations in this §22 (together with the Compliance Filing Terms for the filing feature) are a fundamental basis of the bargain, that the Fees reflect this allocation of risk, and that Brewstiller would not provide the Service at the documented Fees without them. You further acknowledge that you are better positioned than Brewstiller to prevent, detect, and correct errors in your own records and filings, and to insure your own regulatory risks.
23. Indemnification
23.1 Your indemnification of Brewstiller
You will defend, indemnify, and hold harmless Brewstiller and its officers, directors, employees, contractors, and agents from and against any third-party claim, demand, action, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to:
- Your breach of these Terms or violation of applicable law.
- Your violation of the AUP.
- Your Customer Data, including claims that it infringes Intellectual Property Rights, violates privacy, or is otherwise unlawful.
- Your production activities and your operation of your business, including any claim relating to your compliance or non-compliance with federal, state, or local alcohol law, tax law, or safety obligations, and any claim by a regulator, employee, customer, or other third party arising from products you produce.
- Any filing you submit to a regulator, including one prepared with the assistance of the Service (allocation between the parties, if any, for the filing feature is exclusively per the Compliance Filing Terms).
- Your inaccurate tax-exempt declaration (§5.5) or eligibility attestation (§1.2).
23.2 Brewstiller's indemnification of you
Brewstiller will defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by Brewstiller and used per these Terms, infringes that third party's United States patent, copyright, or trademark. This does not apply to claims arising from: Customer Data; combination with items not provided by Brewstiller; modifications by anyone other than Brewstiller; use not authorized by these Terms; or continued use of an allegedly-infringing version after a non-infringing version is made available. Brewstiller's liability under this §23.2 is subject to §22.2.
23.3 Process
The indemnified party will give prompt written notice, sole control of defense and settlement to the indemnifying party (no settlement imposing material obligations on the indemnified party without its consent), and reasonable cooperation at the indemnifying party's expense.
23.4 Exclusive infringement remedy
§23.2–23.3, together with Brewstiller's option to procure continued-use rights, modify, replace, or refund prepaid Fees for the affected period upon terminating the affected functionality, state Brewstiller's sole liability and your sole remedy for third-party infringement claims relating to the Service.
24. Warranties and disclaimers
24.1 Limited warranties
Brewstiller warrants that, during your active paid Commercial subscription:
- The Service will perform substantially in accordance with the Documentation.
- Brewstiller will maintain administrative, technical, and physical safeguards designed to protect Customer Data per the Privacy Policy.
- Brewstiller will not knowingly introduce malicious code.
Your sole and exclusive remedy for breach of these limited warranties is, at Brewstiller's option: (a) reasonable efforts to correct, or (b) termination of the affected subscription and refund of prepaid Fees for the period after termination.
24.2 Disclaimer
EXCEPT FOR §24.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREWSTILLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
BREWSTILLER DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE — INCLUDING ANY FILING OUTPUT, COMPUTED VALUE, VALIDATION, OR ALERT — WILL ACHIEVE ANY PARTICULAR REGULATORY, COMPLIANCE, TAX, SAFETY, OR BUSINESS OUTCOME (§8.8).
24.3 No advice
THE SERVICE IS A TOOL. BREWSTILLER DOES NOT PROVIDE LEGAL, REGULATORY, TAX, ACCOUNTING, OR BUSINESS ADVICE (§8.3). OBTAIN ADVICE FROM QUALIFIED PROFESSIONALS APPROPRIATE TO YOUR BUSINESS.
24.4 Customer responsibility for regulatory compliance
YOU (NOT BREWSTILLER) ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS — FEDERAL ALCOHOL REGULATION (TTB, FDA), STATE AND LOCAL ALCOHOL REGULATION, TAX, EMPLOYMENT, PRIVACY (FOR PERSONAL DATA YOU SUBMIT), AND FOOD-SAFETY REGULATION WHERE APPLICABLE. THE SERVICE HELPS YOU MANAGE COMPLIANCE-RELEVANT DATA AND PREPARE DRAFT FILINGS; IT DOES NOT GUARANTEE COMPLIANCE AND DOES NOT MAKE BREWSTILLER RESPONSIBLE FOR YOUR COMPLIANCE.
24.5 No reliance on statements outside these Terms
Descriptions of the Service in marketing materials, sales conversations, blog posts, roadmaps, and the Documentation are informational and aspirational descriptions of the product, not warranties, and are not incorporated into these Terms except where the Documentation is expressly given contractual effect. You agree that you have not relied on any statement, promise, or representation not set out in these Terms (or in a signed Enterprise contract) in deciding to use the Service.
25. Force majeure
Neither party is liable for failure or delay (excluding payment obligations) caused by circumstances beyond its reasonable control: acts of God, natural disasters, fire, flood, earthquake, pandemic, war, terrorism, riot, government action (including changes in law preventing performance), labor disputes, interruption of third-party telecommunications or internet infrastructure, or Subprocessor failures themselves caused by force majeure.
The affected party will give prompt notice and use commercially reasonable efforts to resume. If a force majeure event materially impairs performance for more than 60 consecutive days, the other party may terminate the affected subscription on notice, with prorated refund of prepaid Fees for the affected period.
26. Changes to these Terms
26.1 Our right to modify
For material changes (meaningfully reducing your rights, expanding your obligations, changing Fees, or altering dispute resolution), we provide at least 30 days' notice via in-app banner, email to your Account address, and an updated effective date. Non-material changes (clarifications, corrections, formatting) may be made without advance notice.
26.2 Your options
Accept by continuing to use the Service after the effective date; object by terminating before it (with prorated refund of unused prepaid Fees); or contact us with concerns — we will consider them in good faith, particularly where a change appears to conflict with §6.4.
26.3 Grandfathering and material changes
Per §6.4, material changes that would reduce your existing Plan's pricing or feature commitments do not apply to your subscription without your explicit consent.
26.4 Enterprise contracts
Modified per the Enterprise contract's own change-management provisions.
27. General provisions
27.1 Entire agreement
These Terms, together with the Privacy Policy, the Cookie Notice, the DPA (Commercial Customers), the Subprocessor List, the Beta Addendum (during beta), the Compliance Filing Terms (customers using the filing feature), the Documentation (to the extent expressly given contractual effect), and any Enterprise contract, constitute the entire agreement regarding the Service and supersede prior or contemporaneous agreements and communications on the same subject.
27.2 Order of precedence
- An Enterprise contract (where applicable), to the extent it specifically so provides.
- The Compliance Filing Terms, on the subjects they address, for customers using the filing feature.
- The DPA, on the subjects it addresses, for Commercial Customers.
- These Terms.
- The Documentation (informational and operational, not contractual, except where expressly stated).
27.3 Severability
Invalid provisions are severed; the remainder continues; the invalid provision is reformed to the closest enforceable approximation of its intent.
27.4 Waiver
Non-enforcement is not waiver; waivers must be in writing and signed.
27.5 Assignment
You may not assign these Terms or transfer your Account without our prior written consent, except to a successor in a merger, acquisition, or sale of substantially all assets, with notice and express assumption. Brewstiller may assign in connection with a merger, acquisition, asset sale, or reorganization, with notice; the assignee assumes our obligations (see also Privacy Policy §6.6 on corporate transactions).
27.6 Independent contractors
No partnership, joint venture, agency, employment, or franchise relationship is created.
27.7 Notices
To Brewstiller: [email protected] and the postal address in §28. To you: the email on your Account, an in-app notice, or (Enterprise) the contract's notice address. Deemed received: email on successful delivery absent a bounce; in-app on next sign-in; post on carrier-confirmed delivery.
27.8 Headings
Convenience only.
27.9 Construction
Interpreted neutrally; the contra-proferentem rule does not apply.
27.10 Electronic acceptance
These Terms may be accepted electronically (clicking "I agree" at signup or similar affirmative action), with the same effect as a handwritten signature. The version of the Terms presented at acceptance must be the version published and readable at that time; Brewstiller records the accepted version identifier.
27.11 Survival
Surviving termination: §1.4 (as needed for interpretation), §5 (unpaid Fees), §8 (allocations of regulatory responsibility, as applied to pre-termination use), §9.4, §10.4, §16, §20.6, §21, §22, §23, §24, §27, and any provision that by its nature should survive.
28. Contact information and effective date
Brewstiller LLC
General: [email protected] · Legal: [email protected] · Privacy: [email protected] · Security: [email protected] · Support: [email protected] · Sales (Enterprise): [email protected]
Effective Date: July 4, 2026 · Last updated: July 4, 2026 · Document version: v1.1
| Version | Effective date | Summary of changes |
|---|---|---|
| v1.0 | — (never published) | Initial draft. |
| v1.1 | July 4, 2026 | Regulatory-filing/legality/safety section (§8); reworked liability architecture (§22); Compliance Filing Terms linkage; honest SLA/support targets; wind-down commitment (§20.6); no-reliance clause (§24.5). |