Thanks for using BrewBench.
Please read these Terms carefully. By using BrewBench or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this policy.
When we say "we", "us" and “BrewBench”, we're referring to Hopsware LLC. d/b/a BrewBench, a State of Colorado limited liability company.
We provide online platforms that you may use to monitor and control brew systems and brew sessions.
We offer services on our websites brewbench.co or any subdomain of brewbench.co (we’ll refer to it as the “Website” or "Services") that allows you to submit brew system and brew session data including temperature readings and sensor data for analytics and diagnostic purposes. As a customer of the Services or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
Eligibility In order to use BrewBench, you must:
be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.
By using BrewBench, you represent and warrant that you meet all the requirements listed above, and that you won’t use BrewBench in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) BrewBench may refuse service, close accounts of any users, and change eligibility requirements at any time.
Term The Term begins when you sign up for BrewBench and continues as long as you use the Service. Clicking the submit button and receiving an API key means that you’ve officially “signed” the Terms. If you sign up for BrewBench on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Closing Your Account You or BrewBench may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your account and traffic history.
API Key You’re responsible for keeping your API key confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked API keys.
Monthly Plans Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you reach your api message limit you will receive an error.
Credit Cards As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
Refunds We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
Billing Changes We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Commercial Use If using BrewBench for commercial use you must contact us either by signing up for a plan or via the contact form.
Limitation of Liability To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
No Warranties To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
Indemnity You agree to indemnify and hold us and our Team harmless from any losses, including any product or beer losses, attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including any product or beer losses, attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
Attorney Fees If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
Equitable Relief If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Subpoena Fees If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Assignments You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Survivability Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Severability.
Severability If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
Force Majeure We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.