These terms (the "Terms") govern the use of the application services provided by [Application Provider] (the "Provider") to wineries (the "Wineries"). By accessing or using the application services, the Wineries agree to be bound by these Terms.
1. Subscription Fee
1.1 Annual Subscription: Wineries are required to pay an annual subscription fee of $200 to access and use the application services provided by the Provider.
1.2 Grandfathered Wineries: Wineries that have been previously enrolled in the application services and have maintained an active subscription will be considered "grandfathered wineries." The subscription fee is waived for grandfathered wineries.
2. Complimentary Wine Tasting
2.1 Complimentary Wine Tasting Requirement: Each Winery using the application services must provide a complimentary testing of 5 to 6 one-ounce tastings of their wines to application users or visitors as part of their participation.
2.2 Tasting Details: The Winery shall determine the specific wines and quantities to be included in the complimentary tasting. The Winery shall ensure that the tastings provided are representative of their winery's offerings and meet all applicable laws and regulations.
2.3 Compliance with Local Laws: The Winery is solely responsible for obtaining any necessary permits, licenses, or approvals required to conduct wine tastings in compliance with local laws and regulations.
3.1 Termination by Winery: The Winery may terminate their subscription to the application services at any time by providing written notice to the Provider. No refunds shall be provided for any remaining portion of the annual subscription fee.
3.2 Termination by Provider: The Provider may terminate a Winery's subscription and access to the application services for any violation of these Terms or for any other reason deemed necessary by the Provider. In such cases, the Provider shall provide written notice to the Winery.
4. Data and Privacy
4.2 Confidentiality: The Provider agrees to treat any confidential information provided by the Winery as confidential and shall not disclose it to any third party, except as required by law or with the Winery's prior written consent.
5. Limitation of Liability
5.1 The Provider shall not be liable for any damages, whether direct, indirect, incidental, consequential, or punitive, arising out of or in connection with the use of the application services, including but not limited to the tasting activities conducted by the Wineries.
5.2 The Winery agrees to indemnify and hold the Provider harmless from any claims, damages, or liabilities arising from the Winery's participation in the application services, including any wine tastings conducted by the Winery.
6. Governing Law and Jurisdiction
6.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
By accessing or using the application services, the Wineries confirm their understanding and agreement to comply with these Terms.