Terms and Conditions

Last updated 25 June 2025

1. Acceptance of the Terms

These Terms and Conditions ("Terms") form a legally binding contract between you ("you," "your," or "User") and Beta Acid, Inc., 1425 Broadway, Seattle, WA 98122 USA ("Beta Acid," "we," "us," or "our") governing your access to and use of the Winetraqr web platform, mobile interfaces, APIs, and any related software, documentation, or services (collectively, "Winetraqr" or the "Service"). By creating an account, purchasing a subscription, or otherwise using Winetraqr, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" will refer to that entity. If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 18 years old and legally capable of entering into contracts to use Winetraqr. The Service is intended primarily for professional users—namely wineries, beverage producers, and their authorised agents. You may not use Winetraqr if you are barred from doing so under any applicable laws.

3. Account Registration and Security

To access most features, you must create an account and provide accurate, complete information. You agree to maintain the security of your password, accept all risks of unauthorised access to your account, and immediately notify us at hi@winetraqr.com of any suspected breach. You are responsible for all activities that occur under your credentials, whether or not you authorised them.

4. Subscriptions, Fees, and Payment

Winetraqr operates on a subscription model. Prices, billing cycles, and features are described on our website and may change upon 30 days' notice. All fees are charged in the currency stated at checkout and are exclusive of taxes, which you are responsible for paying. Payment processing is handled by Stripe; you agree to comply with Stripe's terms. Subscriptions renew automatically at the end of each billing cycle unless you cancel through the dashboard or by emailing us at least one business day before renewal.

If payment cannot be processed, we may suspend or terminate your access. No refunds are provided for partial billing periods except as required by law.

5. Licence Grant

Subject to these Terms and timely payment of all fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use Winetraqr solely for your internal business purposes, namely the creation, management, and display of QR codes and digital wine-label content.

6. Permitted and Prohibited Uses

You agree to use Winetraqr only as expressly allowed by these Terms and applicable law. You may not:

7. Your Content and Ownership

"Content" means all data, text, graphics, images, and other material you or your consumers submit to Winetraqr. You retain all ownership rights to your Content. By uploading it, you grant us a worldwide, non-exclusive licence to host, display, reproduce, and process your Content solely to provide the Service, improve it, and comply with legal obligations.

You represent that you have all rights necessary to provide the Content and that the Content does not violate any law or rights of third parties. We do not claim ownership of your QR codes or digital labels.

8. Intellectual-Property Rights

Winetraqr, including all software, design, trademarks, and logos, is owned by Beta Acid or its licensors and is protected by copyright, trademark, and other laws. Except for the limited licence in Section 5, no rights are granted to you. You may not remove, obscure, or alter any proprietary notices.

9. Service Availability and Updates

We strive for high uptime but do not guarantee that Winetraqr will be uninterrupted or error-free. Features may change over time. We may release updates, patches, or new versions, and you agree that these Terms apply to all such modifications. We may suspend the Service for maintenance, emergencies, or legal compliance. Whenever feasible, we will provide reasonable advance notice.

10. Cancellation and Termination

You may cancel your subscription at any time through the account settings or by emailing hi@winetraqr.com. Cancellation prevents future renewal charges but does not retroactively refund past charges. We may terminate or suspend your access immediately if you materially breach these Terms, fail to pay fees, or violate the law. Upon termination, your licence ends and you must cease all use of Winetraqr. Sections intended to survive—including ownership, disclaimers, limitation of liability, and dispute resolution—will remain effective.

11. Disclaimers

Winetraqr is provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

Though we aim to help wineries comply with labelling regulations, we are not a law firm and do not provide legal advice. You are solely responsible for ensuring your digital labels meet all applicable laws and standards.

12. Limitation of Liability

To the maximum extent permitted by law, Beta Acid, its directors, officers, employees, and affiliates will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, revenue, goodwill, or data, even if we were advised of the possibility of such damages. Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid to us in the twelve months preceding the event giving rise to the claim or (b) one hundred US dollars (US $100).

Some jurisdictions do not allow certain exclusions or limitations of liability; in such cases our liability will be limited to the minimum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Beta Acid and its affiliates from any claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising from or related to (i) your Content, (ii) your use of Winetraqr in violation of these Terms or applicable law, or (iii) any allegation that your Content infringes or misappropriates a third party's rights.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Washington, USA, without regard to conflict-of-laws principles. Any dispute that cannot be resolved informally will be submitted to binding arbitration administered by the American Arbitration Association in Seattle, Washington, under its Commercial Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction. You and Beta Acid waive any right to a jury trial or to participate in a class action. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction to protect its intellectual-property rights.

If you are a consumer resident in the European Union, you may have additional dispute-resolution rights under local law; nothing in these Terms deprives you of mandatory protections.

15. International Users

Winetraqr is controlled from the United States. Users outside the U.S. are responsible for compliance with local laws. You consent to the transfer and processing of your data in the United States and other countries, subject to the safeguards described in our Privacy Policy.

16. Export Compliance

You agree not to use, export, or re-export Winetraqr except as authorised by U.S. export-control laws and any other applicable laws and regulations. You represent that you are not located in, under control of, or a national or resident of any country subject to U.S. economic sanctions.

17. Modifications to the Terms

We may revise these Terms from time to time. Material changes will be announced by email or through the Service at least 30 days before they take effect. Continuing to use Winetraqr after the effective date constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service before they become effective.

18. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy and any separate written agreements between you and Beta Acid, constitute the entire agreement concerning Winetraqr and supersede all prior or contemporaneous communications.

20. Contact

Questions or concerns? Email us at hi@winetraqr.com or write to Beta Acid, Inc., 1425 Broadway, Seattle, WA 98122 USA. We will do our best to respond promptly.

By using Winetraqr, you confirm that you have read, understood, and agree to these Terms and Conditions.