1. Agreement Overview

These Terms & Conditions ("Terms") govern the Client's use of the Wine Cellar white-label platform (the "Platform").

By subscribing to or using the Platform, Client agrees to these Terms.

2. Description of Services

The Platform provides:

  • A white-labeled customer wine cellar application
  • Customer inventory tracking, scanning, and AI-powered wine data
  • Administrative tools for Client, including:
    • Customer insights
    • Staff Picks and promotions
    • Event management and messaging

The Platform may evolve over time, and features may be added, modified, or removed.

3. License and Use

Wine Cellar grants Client a non-exclusive, non-transferable, revocable license to use the Platform during the subscription term.

Client may:

  • Offer the Platform to its customers under its own branding
  • Use administrative tools provided

Client may not:

  • Resell, sublicense, or distribute the Platform independently
  • Reverse engineer or replicate the Platform
  • Use the Platform for unlawful purposes

4. Customer Relationship and Data

Client acknowledges:

  • End users ("Customers") interact with the Platform under Client's brand
  • Customers control what data they share with Client
  • Wine Cellar hosts and processes data on Client's behalf

Client agrees:

  • Not to misuse or attempt to bypass customer privacy controls
  • To comply with applicable privacy and data protection laws

5. Fees and Payment

5.1 Setup Fee

A one-time setup fee of $250 USD is charged upon initial activation of the Platform.

The setup fee covers:

  • Account configuration
  • White-label branding setup
  • Initial onboarding and support

This fee is non-refundable once the Platform has been activated.

5.2 Usage-Based Subscription Fees

Client agrees to pay monthly subscription fees based on the maximum number of Active Users during the preceding calendar month.

5.3 Definition of Active User

An "Active User" is defined as any end user who, during a given calendar month:

  • Logs into the Platform, or
  • Adds, edits, scans, or interacts with wine data, or
  • Otherwise meaningfully uses the Platform

Wine Cellar reserves the right to reasonably determine active usage based on system activity.

5.4 Billing Calculation

At the end of each calendar month, Wine Cellar will determine the highest number of Active Users recorded at any point during that month and apply the applicable pricing tier:

Active UsersMonthly Fee
0 – 50$99
51 – 250$149
251+$249

Pricing tiers are subject to change with reasonable advance notice.

5.5 Billing Timing

  • Subscription fees are billed monthly in arrears based on the prior calendar month's usage
  • Charges will be processed automatically using the payment method on file

5.6 Payment Method

Client agrees to maintain a valid payment method on file. Payments are processed through a third-party payment processor (Stripe).

5.7 Failed Payments and Late Payment Policy

If a payment cannot be processed:

  • Client will be notified and given an opportunity to update payment information
  • Wine Cellar may retry payment automatically

If payment is not received within a reasonable period, Wine Cellar may limit or suspend access to administrative features. Continued non-payment may result in broader service restrictions.

6. Suspension and Termination for Non-Payment

Wine Cellar reserves the right to:

  • Restrict or suspend access to administrative features
  • Limit functionality of the Platform
  • Terminate the account after extended non-payment

During any suspension period, Customer data will remain accessible for a limited time for retrieval or export.

Wine Cellar may archive or delete data after termination in accordance with its data retention policies.

7. Customer Data and Ownership

  • Client retains rights to its business data
  • Customers retain rights to their personal data

Wine Cellar:

  • Stores and processes data solely to operate the Platform
  • Does not sell Client or Customer data

8. Platform Availability

Wine Cellar will use reasonable efforts to maintain availability of the Platform. However:

  • Service interruptions may occur due to maintenance, updates, or external factors
  • Wine Cellar does not guarantee uninterrupted or error-free operation

9. Intellectual Property

All rights, title, and interest in the Platform — including software, design, and underlying systems — remain the exclusive property of Wine Cellar.

Client retains ownership of its brand, trademarks, and content.

10. Acceptable Use

Client agrees not to:

  • Use the Platform to send misleading, abusive, or unlawful communications
  • Interfere with or disrupt Platform operations
  • Attempt unauthorized access to systems or data

11. Modifications to the Platform

Wine Cellar may modify, enhance, or discontinue features to improve performance, usability, or functionality.

Reasonable efforts will be made to avoid material disruption.

12. Term and Termination

12.1 Term

This Agreement continues on a subscription basis until terminated.

12.2 Termination by Client

Client may cancel at any time through the billing portal or by contacting Wine Cellar. Cancellation takes effect at the end of the current billing cycle.

12.3 Termination by Provider

Wine Cellar may terminate this Agreement for non-payment, violation of these Terms, or misuse of the Platform.

13. Limitation of Liability

To the maximum extent permitted by law, the Platform is provided "as is." Wine Cellar is not liable for:

  • Loss of revenue or profits
  • Customer purchasing behavior
  • Data inaccuracies (including AI-generated content)

Total liability shall not exceed the fees paid by Client in the preceding 12 months.

14. Indemnification

Client agrees to indemnify and hold harmless Wine Cellar from any claims arising from Client's use of the Platform, Client communications with Customers, or violation of laws or regulations.

15. Governing Law

These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict of law principles.

16. Changes to Terms

Wine Cellar may update these Terms from time to time. Continued use of the Platform constitutes acceptance of the updated Terms.

17. Contact Information

For questions regarding these Terms, partnership inquiries, or billing matters:

Wine Cellar
support@wine.giftplanr.com

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