The agreement between you and Caskwork

The agreement

These terms are an agreement between Caskwork LLC, a Minnesota limited liability company (“Caskwork”, “we”), and the distillery whose account you use (“you”). They also bind each person who uses a seat in that account. You accept them by accepting an invitation, signing in, or otherwise using the service. If you do so on a distillery's behalf, you confirm that you are entitled to bind it. Our privacy policy and How we handle your data are part of this agreement, along with any written order or pricing agreement between us.

What Caskwork is, and is not

Caskwork is record-keeping software for distilleries. You log what happens on the floor; Caskwork keeps that ledger, derives from it the state of your vessels and lots, and prepares your monthly TTB operations reports and federal excise figures from the same entries. It is in early access, which means features will change and some are still being built with founding distilleries.

Caskwork is not:

• A filer. Nothing is submitted to TTB, or to any other agency, without a person at your distillery reviewing it and filing it. Caskwork prepares; you file.
• Legal, tax or accounting advice. The reports, figures, exception queue and guidance in the app are derived from your entries and from the regulations as we understand them. They are tools for your judgment and your advisers', not a substitute for either.
• Responsible for your compliance. You are responsible for the accuracy, completeness and timeliness of your records and filings, for meeting your obligations under your permit and 27 CFR, and for the taxes you owe. A figure Caskwork derives is only as right as the entries behind it, and you must review it before you rely on it.

Accounts and seats

Caskwork is invite-only. We set up a distillery and its first owner; everyone after that arrives through an invitation from an owner. Owners decide who holds a seat and what role it carries, and are responsible for those decisions and for removing seats when people leave. Each person must keep their own credential secure and must not share it. You are responsible for everything done under your seats, and must tell us promptly at hello@caskwork.com if you believe a seat has been used without authority.

Your records

Everything your distillery enters or uploads, and everything derived from it, is yours. We claim no ownership of it. You grant us only the licence we need to provide the service and to improve it: to store your records, process them, back them up, derive reports and state from them, display them to the seats you have granted, and learn from them across distilleries in aggregate — in the manner How we handle your data and the privacy policy describe. We use them for nothing else.

Some of what you enter is about other people — the people who log entries, and the customers and suppliers you name. You are responsible for being entitled to enter it, and for what you tell those people about it.

The ledger is append-only

A ledger entry, once saved, is never edited or erased — not by you, and not by us. A correction is a new entry that sits beside the original, and the record shows both. This is what makes the ledger an audit trail rather than a spreadsheet, and it means we cannot remove or alter an entry on request. The one way a distillery's entries leave the system is closing the account, as described here, and even then copies persist in locked backups until those expire.

Acceptable use

Use Caskwork lawfully and for your own distillery's records. Do not try to reach another distillery's records, or any part of the service you have not been granted; do not probe, scan, scrape or overload it; do not upload anything malicious; do not resell or sublicense it; and do not use it to store anything you have no right to store. We may suspend a seat or an account that breaches this section, and will tell you when we do.

Availability and support

We work to keep Caskwork available around the clock and to tell you ahead of planned maintenance, but during early access we make no uptime commitment. Your records are backed up as described here. Support is by email at hello@caskwork.com, and you will hear back from the founder.

Fees

Fees are as set out in the written order or pricing agreement between us. Early-access pricing is agreed in writing with each founding distillery. We will give at least thirty days' notice by email to your owners before any change to your fees takes effect.

Term, suspension and ending the agreement

This agreement runs until either of us ends it. You may end it at any time by an owner writing to us; we may end it on thirty days' written notice, or sooner if you materially breach these terms and do not put it right within fourteen days of being told. We may suspend access without notice where we reasonably believe it is necessary to protect the service or other distilleries, and will tell you as soon as we can.

When the agreement ends, we will export your records for you if you ask, and will then close the account and delete your records in the order and to the extent set out in Leaving Caskwork. Sections 4, 5 and 10 to 17 survive the end of the agreement.

Confidentiality

We treat your records as confidential. We will not disclose them to anyone except the providers that run the service, as required by law, or as the privacy policy describes, and we will tell you of a legal demand for them unless we are prohibited from doing so.

Ownership of the service

The Caskwork software, its design, its documentation and its name are ours. You may use them only as these terms allow. If you give us feedback or suggestions, we may use them without obligation to you.

Disclaimers

Caskwork is provided as it stands, and during early access without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any report, figure or exception it produces is correct, complete or sufficient for any filing. You must review every figure before you rely on it or file it. Some jurisdictions do not allow the exclusion of implied warranties, in which case the exclusion applies only to the extent permitted.

Limitation of liability

To the fullest extent permitted by law, neither of us is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, however arising — and Caskwork is not liable for any tax, penalty or interest assessed against you, which remains yours. Caskwork's total liability under this agreement, for all claims together, is limited to the fees you paid us in the twelve months before the claim arose, or one hundred US dollars, whichever is greater. Nothing in these terms limits a liability that cannot be limited by law.

Indemnity

You will defend and indemnify Caskwork against third-party claims arising from your records, from your use of the service in breach of these terms, or from your filings and tax obligations. We will defend and indemnify you against third-party claims that the Caskwork software itself infringes their intellectual property. Each of us will tell the other promptly of a claim and cooperate in defending it.

Governing law and disputes

These terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. If we have a dispute, we will each try in good faith to resolve it by discussion first. A dispute that cannot be resolved that way goes to the state or federal courts sitting in Minnesota, and each of us submits to their jurisdiction.

Changes to these terms

When we change these terms we will update the date at the top. A material change will be sent by email to the owners of every distillery with an open account at least thirty days before it takes effect, and continuing to use Caskwork after that date is acceptance of it. If you do not accept a change, you may end the agreement before it takes effect.

General

These terms, together with the privacy policy, How we handle your data and any written order between us, are the whole agreement between us about Caskwork, and replace any earlier discussion. Neither of us may assign the agreement without the other's consent, except that we may assign it to a successor to our business, which we will tell you about. Notices to us go to hello@caskwork.com; notices to you go to the email addresses of your owners. If a court finds part of these terms unenforceable, the rest stand. A failure to enforce a term is not a waiver of it.

Contact

Questions about these terms go to hello@caskwork.com, or by post to Caskwork LLC, Minnesota.