Terms of Service

End User License Agreement Brewfather App & Site

Brewfather

The following Terms of Service ("Terms") govern the usage of the Brewfather application and websites ("Service"), owned and operated by Warpkode AS ("Company", "We", "Us").

The terms on the website https://docs.brewfather.app/legal/tos always supersede the Terms of Service found within the application and web app if they are of an older revision.

1. General Terms

Accessing our Service entails your full acceptance of these Terms. If you disagree with any part of these Terms, you are advised not to use the Service.

For the purpose of these Terms, references to "You", "Your", or "User" pertain to any individual or entity accessing the Service, while "We", "Us", "Our", and "Company" refer to Warpkode AS. "Party" or "Parties" signifies either the User or the Company, or both. Unless contextually necessitated, all terms will be construed as per the relevant laws of Norway.

2. Data Privacy and Security

For information about data privacy and security, refer to our Privacy Policy: https://docs.brewfather.app/legal/privacy-policy.

3. Public Profile

The creation of a public profile (optional) in the Service grants us the authority to display your public profile information and any shared content publicly.

4. Third-Party Integrations

By enabling a third-party integration, you acknowledge and agree that necessary data will be shared with the corresponding third party to ensure the integration functions properly. This shared data may include, but is not limited to, specific usernames, tokens, and other relevant information as determined by the requirements of the individual third-party service. It is also possible that you may have the option to transmit additional information, such as fermentation and brewing recipe steps, to the third-party service.

When signing up for an account with a third-party integration via our Service, your specific authentication details or tokens required for the third-party service will be stored in a database controlled by the respective third-party service provider. By activating any third-party integration, you acknowledge that your data will be handled in accordance with the third-party provider's privacy policy and terms of service. If you wish to revoke this data-sharing agreement, you must deactivate the respective third-party integration within our Service.

5. Optional Premium Subscription, Payment and Renewal

Optional paid services are available in Brewfather (ie, Premium Subscription). By subscribing you agree to pay Brewfather the monthly or annual subscription fees and applicable taxes indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees for new subscribers are refundable until two weeks after the first original purchase date.

You agree to contact Brewfather or Paddle prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. See our Refund Policy.

6. Automatic Renewal

Your payment method is configured with automatic renewal. Unless you notify Brewfather before the end of the applicable subscription period that you want to cancel a Subscription, your Subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Automatic renewal can be canceled at any time in the Subscription section by changing to the free plan. Renewal subscription fees are non-refundable.

7. Subscription via Apple/iTunes (only)

Your payment will be charged to your iTunes Account once you confirm your purchase.

Your iTunes account will be charged again when your subscription automatically renews at the end of your current subscription period unless auto-renew is turned off at least 24 hours prior to the end of the current period. Any unused portion of a trial period, if offered, will be forfeited when you purchase a subscription.

You can manage or turn off auto-renew in your Apple ID account Settings any time after purchase.

8. Change in pricing and subscription content

Future changes related to pricing or subscription terms might occur. Changes like these will only take place after a 30-day notice for existing customers. Changes in pricing due to changes in taxes (or changes in our tax obligations) are exempt from this and can alter the subscription cost without notice.

9. Coupon Codes

When using a pre-paid coupon or discount code you will be subscribed to Brewfather Premium yearly subscription and are subject to automatic renewal and terms as mentioned above, the discount or rebate is only valid for a maximum of one year.

When using a pre-paid code, you will be required to enter your payment information and you will be subscribed for automatic renewal, but you will not be billed until the next subscription period occurs. You can cancel the renewal of the subscription by changing to the 'Free' plan before the next billing period. Pre-paid subscription fees are not refundable. The usage of a pre-paid code is final and cannot be transferred.

Renewal subscription fees are non-refundable.

If you are or have been a Brewfather Premium user you are not eligible to use any discount coupon codes.

10. License

All intellectual property rights pertaining to the Service are owned by or licensed to Brewfather (Warpkode AS) and are reserved. Usage of material from ".brewfather.no", ".brewfather.net", "*.brewfather.app" or the Service is subject to the restrictions set in these Terms.

You may view and print user content from the Service or for your own personal use subject to restrictions set in these terms and conditions.

You must not:

1. Republish material from the Service or

2. Sell, rent or sub-license material from the Service or

3. Reproduce, duplicate or copy material from the Service or redistribute content from the Service (unless content is specifically made for redistribution).

11. Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Service. You agree to immediately remove all links to our Service upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Service, you agree to be bound to and abide by these linking terms and conditions.

12. Indemnification

You agree to indemnify, defend and hold harmless the company, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or your use and access of the Service.

13. Force Majeure

We shall not be held liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that we shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances. Should such a situation occur, we may, if necessary, suspend access to the Service.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Norway. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Norway.

15. Account Termination

We reserve the right to terminate or suspend your access to our Service immediately, without prior notice or liability if you breach the Terms, cause a dispute, or a payment is disputed on your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16. User Content and Copyright Infringement

Users are prohibited from posting, uploading, or transmitting any material that infringes or violates any third-party rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Warpkode AS's Copyright Agent for notice of claims of copyright infringement is as follows: [e-mail].

17. Limitations and Exclusions of Liability

To the fullest extent permitted by law, in no event will Warpkode AS, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, whether direct, indirect, punitive, incidental, special, consequential, or exemplary, arising out of or in any way connected with this Agreement or the Service, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Warpkode AS does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service.

18. Disclaimer

To the maximum extent permitted by law, we exclude all representations, warranties, and conditions relating to our Service and the use of this Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, or the use of reasonable care and skill).

The information and numbers provided by this Service are meant for educational purposes. Warpkode AS can not be held liable for any use of the information or numbers provided by this Service. No warranty or guarantee of accuracy is provided on the information or numbers provided by this app and its calculations.

Integrations or control with other hardware or software are used at your own risk. Warpkode AS can not be held liable for any errors or issues caused by any integration or use of any API.

We will not be liable for any loss or damage of any nature.

Brewfather © Warpkode AS Revision: 20240302