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Last modified: 01.11.2023
1. General Terms
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand their meaning. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: “Agreement” means these Terms of Service; “Service” refers to the services that we provide through our Site, as well as any “Site” that refers to our website www.craft-technology.com, “craft-technology” “us,” “we,” and “our,” refers to our company Wine360 tech d.o.o., our Site or our Service, depending on the context of the usage; “User” refers to you, those who use our Services, and general visitors to our Site; “You” refers to you, the person who is entering into this Agreement with Wine360 tech d.o.o. and Craft-Technology.com as a technological solution.
3. Description of Service
Craft-technology.com is empowering small and medium businesses passionate about their craft by providing them with tools to automate order management and sales between producers, distributors, and consumers. Producers can close sales in their stores and tasting rooms by using our point of sale. The service is accessible through our Site.
4. User Accounts
Before using Craft-technology.com, you will need to sign up for an account by providing us with your name, company name, and e-mail. We may also require additional information from you if necessary. Your credit card information will be provided to FastSpring, our third-party payment processor. We have the final discretion in granting accounts and reserve the right to reject users without explanation. We will never disclose your personally-identifying information to third parties without your consent. However, we may provide non-identifying information to third parties in an aggregate form. We may at our discretion restrict, limit or revoke your ability to register or use Craft-technology.com at any time.
5. Use of Craft-technology.com
When using any of our Site and Services, we grant you a personal, limited, non-exclusive license use of our software. When you use our Service, you are granted a license only for your personal use. This means that you cannot sell our Service, share your license with anyone else, reverse engineer, or otherwise attempt to copy our Service, or try and make money off it without our express written permission. Even if we offer our Service for free, you must still abide by these provisions and not copy or otherwise use our Service in a manner prohibited by this section. You obtain no ownership rights when you purchase our software, but are instead buying (or, in the case of free use, being given) a license to use our software within the confines of this Agreement. When using our Site or Service, you assume full responsibility for your use and agree not to use it in ways not explicitly authorized by Craft-technology.com. You are responsible for your use of Craft-technology.com, and for any use of Craft-technology.com made using your account. You agree not to access, copy, or otherwise use Craft-technology.com, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Craft-technology.com. By using our Site and Service you agree to the following:
6. Intellectual Property Rights
The design of the Craft-technology.com Service along with created text, scripts, graphics, interactive features, and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Wine360 tech d.o.o., subject to copyright and other intellectual property rights under Croatia and foreign laws and international conventions. Craft-technology.com reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given express written permission.
7. Content and Privacy
Craft-technology.com does not own your Content and is not responsible and liable in any way for the content in case of illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable content in our reasonable opinion. Your Content and metadata about your Content may be viewed by other users in accordance with your settings on the Service. Craft-technology.com can, but has no obligation, to monitor the Content you post on the Service. We can remove any information you post for any reason or no reason. You grant Craft-technology.com a non-exclusive, royalty-free, fully paid, worldwide, transferable license to display advertisements in connection with your content and to use your content to advertise and promote Craft-technology.com on any medium. When you use the Service, we may send one or more “cookies” – a small data file – to your computer to uniquely identify your browser and let Craft-technology.com help you log in faster and enhance your navigation through the site. A cookie may convey anonymous information about how you browse the Service to us. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.
However, some features of the Service may not function properly if the ability to accept cookies is disabled. When you use the Service, our servers automatically record certain information sent by your web browser. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, mobile carrier, and other such information. When you use the Service, we may employ clear gifs (also known as web beacons) which are used to track the online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make Craft-Technology.com better for our users. When you use the Service by or through a mobile device, we may access, collect, monitor, and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey information about how you browse the Service to us. Location data does not collect or share any personally identifiable information about you. Location data may be used in conjunction with personally identifiable information. Some features of the Service, particularly location-based services, may not function properly if the use or availability of location data is impaired or disabled. When you access the Service by or through a mobile device, we may access, collect, monitor, and/or remotely store one or more “device identifiers.”
After registering for a paid Craft-Technology.com subscription you will be prompted for payment information and you will have to submit a credit card as payment. The price to use our Site and Service may vary. When paying please verify that you understand the price and the terms and conditions of payment. If you are purchasing a monthly plan, please be aware that your credit card will be charged and automatically billed on a monthly basis without additional notice to you. We reserve the right to raise our monthly rates at any time; however, we will provide you with notice of the fee increase. Your information will be disclosed to our third-party payment processor, FastSpring, to process payments. You may cancel your account with us at any time which will stop new payments for the Service subscription. However, refunds are not granted for previously executed payments of the Service subscriptions.
9. Representations and Warranties
We make no representations or warranties for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to this agreement or our Services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct with you. We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevents access to our website temporarily or permanently. The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement.
10. Craft Technology e-label
10.1 Introduction Welcome to Craft Technology. This document constitutes a legal agreement (“Agreement”) between you, the user, and Craft Technology (“we”, “our”, or “us”), the provider of a specialized e-label Software as a Service (SaaS) solution. Craft Technology is designed to assist winemakers in complying with the new European Union (EU) wine labeling requirements (EU) 2021/2117 effective from December 8, 2023. By accessing or using our services, you agree to be bound by the terms and conditions set forth in this Agreement.
Our service offers an innovative e-label solution to facilitate compliance with EU regulations, ensuring the display of allergy, energy, ingredient, and nutritional information on wine labels. It’s important to note that our service is specifically tailored for winemakers selling wines within the EU, adhering to the guidelines set forth in Regulation (EU) 2021/2117 and other relevant legislation.
10.2 Services Provided Craft Technology provides a comprehensive e-label SaaS solution tailored to meet the needs of winemakers selling wine in the EU, particularly in light of the new labeling regulations (EU) 2021/2117 effective December 8, 2023. Our services include e-Label Creation and Management, QR Code Integration, Compliance Support, User Interface and Accessibility, and Continuous Updates and Improvements.
10.3 Data Collection and Usage We collect standard industry data necessary for the operation of our services, including information for processing payments, managing user profiles, and enhancing user experience. The collected data is primarily used for processing payments through Stripe, maintaining and updating user profiles, and facilitating the use of our e-label services.
10.4 User Responsibilities Users bear sole responsibility for the accuracy of data inputted into electronic labels and must comply with all applicable industry standards and regulations, specifically the EU wine label Regulation (EU) 2021/2117.
10.5 Subscription Details We offer various e-label packages such as eLabel 10, 30, 50, and 100, each designed to support different volumes of electronic label creation and management. Subscriptions are based on an annual payment model, with a 30-day Money-Back Guarantee and Automatic Renewal and Reminders.
10.6 Termination and Refund Policy Early Termination options are available, but payments become non-refundable after the expiration of the 30-day money-back guarantee.
10.7 Liability and Compliance Craft Technology provides a service to review data input by winemakers for accuracy but disclaims liability for any inaccuracies in the data provided by users.
Service Availability: Craft Technology is committed to ensuring that our software is operational and accessible 24/7/365 days a year.
10.8 Amendments to Terms and Conditions We reserve the right to amend these terms and conditions at any time, with users being notified of any significant changes.
10.9 Governing Law and Dispute Resolution Any disputes arising under these terms will be governed by Croatian law and will be subject to the exclusive jurisdiction of the courts in Zagreb.
10.10 Contact Information For any questions or support needs, please contact us at info(at)craft-technology.com.
11. Limitations on Liability
Craft-Technology.com, its employees, agents, officers, directors and other staff in no event shall be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature, resulting from your access to and use of our services, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from our services (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Craft-Technology.com shall not be liable for the content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Craft-Technology.com shall not be liable for any business problems that arise by using our Site and Service. All content provided to you by the Site and Service is informative and the decision to react based on provided information is your own decision and liability, so you should consider all facts properly before taking any business decision. In the event of any problem with our Site, Service, or any content, you agree that your sole remedy is to cease using our Site, Service, or any content. Craft-Technology.com is not liable to you or to third parties for any damage, harm, injury, or claim that arises from your use of the Site, Service, or any products purchased from our Site. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
Craft-Technology.com shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount. The Service is controlled and offered by Wine 360 Tech d.o.o. from its facilities in Croatia, European Union. Craft-Technology.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold Wine 360 Tech d.o.o., its employees, agents, officers, directors and other staff from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Craft-Technology.com Site and Service; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Craft-Technology.com Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
12. Age restrictions
Craft-Technology.com and its Services may only be used by persons 18 years and older. If you are under the age of 18 please do not use our Site and do not submit any information to us.
13. Choice of Law
This Agreement shall be governed by the laws in force in Zagreb, Croatia, European Union. The offer and acceptance of this contract are deemed to have occurred in Croatia. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest Zagreb, Croatia, European Union. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
14. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Craft-Technology.com shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
17. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to Craft-Technology.com. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.