Effective Date: April 4, 2025
Last Updated: April 27, 2024
Welcome to BrewMetrics! These Terms of Service ("Terms") govern your access to and use of the BrewMetrics website located at www.brewmetrics.xyz (the "Website") and the BrewMetrics software-as-a-service platform accessible via https://brewmetrics-xyz-app-e8d51.web.app/index.html (the "Service"), operated by BrewMetrics ("BrewMetrics," "we," "us," or "our"), a sole proprietorship based in Flagstaff, AZ.
By accessing the Website or registering for and using the Service, you ("User," "Client," "you," or "your") agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Website or Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS, A SPECIFIC REFUND GUARANTEE WITH CONDITIONS, AND A CLAUSE GOVERNING JURISDICTION.
BrewMetrics provides a platform designed to help breweries collect customer feedback (primarily ratings) on their beverages through QR codes linked to simple forms, view aggregated feedback data on a dashboard, and may provide users with a link to share reviews on third-party platforms like Google (the "Service"). Specific features depend on the subscription plan.
a) Eligibility: You must be at least 18 years old and operate or represent a legitimate brewery business.
b) Registration: You agree to provide accurate and complete information when registering and maintain its accuracy.
c) Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities under your account. Notify us immediately of any unauthorized use at info@brewmetrics.xyz.
d) Acceptable Use: You agree to use the Service lawfully and responsibly, not to misuse the platform, attempt unauthorized access, distribute harmful code, or use it to infringe on others' rights.
a) Subscription Plans: Access requires an active subscription as detailed on our Website's pricing page.
b) Founder's Deal: For users who qualify and sign up for the Founder's Deal ($50/month as advertised at launch), the monthly subscription fee will remain fixed and grant access equivalent to our highest-tier ("Enterprise" or similar, also referred to as the "best package offering") plan offered at any given time, including future upgrades typically reserved for that tier, under the following conditions:
c) Billing: Subscriptions are billed monthly in advance via our third-party payment processor (Stripe). You authorize recurring charges to your chosen payment method.
d) Payment Information: You must provide and maintain accurate billing information.
e) Price Changes: Except for the locked-in Founder's Deal rate, we reserve the right to change subscription fees for other plans with reasonable prior notice.
f) Taxes: Fees are exclusive of taxes; you are responsible for applicable taxes.
a) Cancellation by You: You may cancel your subscription at any time by contacting us via email at support@brewmetrics.xyz, submitting a request through the contact form on our Website (www.brewmetrics.xyz), or calling 928-298-5415. Cancellations must be received **prior to your next scheduled billing date** to avoid charges for the subsequent billing period. Cancellation is effective at the end of the current paid billing cycle.
b) Termination by Us: We may suspend or terminate your account and access to the Service immediately, without prior notice, if you breach these Terms.
c) Refund Policy - 30-Day Google Rating Guarantee: We offer a conditional 100% Money Back Guarantee on your *first month's* subscription fee. If, after actively using the BrewMetrics Service as intended (e.g., consistently displaying QR codes, encouraging feedback) for a full 30 consecutive days from your initial subscription activation date, your brewery's average Google My Business star rating has not demonstrably increased compared to the verified rating immediately prior to subscribing, you may be eligible for a full refund of that first month's fee.
d) No Other Refunds: Except for the specific 30-Day Guarantee outlined above, subscription fees are non-refundable. No refunds or credits will be provided for partial subscription periods, unused Service, or cancellations made after a billing date has passed, unless explicitly required by Arizona law.
e) Effect of Cancellation/Termination: Upon cancellation or termination, your access to the Service will cease at the end of the paid period (or immediately upon termination for breach). You may lose access to data within the Service. We are not liable for data loss upon cancellation or termination.
a) Our Service: BrewMetrics owns the Service, Website, and all related intellectual property. We grant you a limited, non-exclusive, non-transferable license to use the Service according to your subscription.
b) Your Data: You retain ownership of your brewery information and the aggregated rating data collected from your Patrons via the Service. You grant us a license to use this data solely to provide and improve the Service.
c) Feedback: Any feedback you provide about the Service can be used by us without restriction or compensation.
Our data practices are described in our Privacy Policy [**LAWYER NOTE:** Ensure link works]. You are responsible for complying with privacy laws regarding any interactions with Patrons related to the Service (e.g., how you present the QR code or any associated offers).
EXCEPT FOR THE SPECIFIC 30-DAY REFUND GUARANTEE OUTLINED IN SECTION 4(c), THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING THE SERVICE (OTHER THAN THE CONDITION FOR THE 30-DAY REFUND GUARANTEE RELATED TO GOOGLE MY BUSINESS RATING INCREASE).
TO THE FULLEST EXTENT PERMITTED BY LAW, BREWMETRICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM.
You agree to indemnify and hold harmless BrewMetrics from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States located in Arizona or the courts of the State of Arizona, in each case located in the City of Flagstaff and County of Coconino. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We may modify these Terms at any time. We will provide notice of material changes (e.g., via email or service notification). By continuing to use the Service after changes become effective, you agree to the revised Terms.
These Terms and the Privacy Policy constitute the entire agreement between you and BrewMetrics regarding the Service. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our consent; we may assign them freely.
For questions about these Terms of Service: