Terms & Conditions

Last Updated: 7/31/2026

These Terms & Conditions (“Terms”) govern your use of VineSite Visuals ("Platform"). By accessing the Platform, you acknowledge that you have read, understood, and agree to be bound by the following:

  1. Data Visibility

    1. User-Submitted Data

      You acknowledge and agree that any anonymized vineyard site information, sample data, or other harvest-related metrics (“User Data”) you anonymously submit to the Platform may be visible to other authorized Users of the Platform.

    2. Confidentiality

      The Platform administrator(s) handle all User Data with strict confidentiality. Within an individual account, Users with administrator privileges on the account may authorize additional Users to access User Data within the account. The Platform administrator(s) are not responisble for managing access to individual User accounts.

  2. Informational Use Only

    1. No Warranty on Data or Trends

      All graphical reprenstations of datasets (graphs, charts, etc.) generated in the Platform are for informational purposes only. The Platform does not warrant or represent that any such information is complete, accurate, or inherently useful for decision-making purposes.

    2. No Guarantee of Applicability

      You acknowledge that trends or insights derived from Platform Data are subjective and may not be beneficial or relevant to your particular situation or application, and no guarantee is made regarding their suitability for any purpose.

  3. User Responsibilities

    1. Accuracy of Submissions

      You are solely responsible for the accuracy, completeness, and legality of any User Data you provide.

    2. Compliance with Laws

      You agree that your use of the Platform and any User Data you submit will comply with all applicable laws and regulations.

    3. Account Security

      You are responsible for maintaining the confidentiality of your login credentials and for all User activity occurring under your account. All Users on your account are responsible for maintaining the confidentiality of their login credentials.

  4. Intellectual Property

    1. Ownership of User Data

      You retain ownership of your User Data. By submitting User Data, you grant the Platform a non-exclusive, worldwide, royalty-free license to store, display, and use that data for Platform operation, analysis, and improvement.

    2. Ownership of Platform Content

      All software, tools, analytics, graphics, and other materials provided by the Platform (“Platform Content”) are owned by the Platform and protected by applicable intellectual property laws.

    3. Prohibited Use

      You may not copy, distribute, modify, or create derivative works based on Platform Content without written permission from Platform administrator(s).

  5. Disclaimers and Limitation of Liability

    1. No Warranties

      The Platform and all Platform Content are provided “as is,” without warranties of any kind, whether express or implied.

    2. Limitation of Liability

      To the maximum extent permitted by law, the Platform is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Platform or reliance on Platform Content.

    3. No Guarantee of Data Integrity

      The Platform does not guarantee preservation or integrity of User Data or Platform Content. You should maintain your own backups of any Site information and sample data.

  6. Indemnification

    You agree to indemnify and hold harmless the Platform and its employees, contractors, affiliates, and agents from any claims, damages, liabilities, or expenses arising from:

    • your use of the Platform,
    • your breach of these Terms, or
    • your submission, disclosure, or misuse of User Data.
  7. Modifications

    1. To the Platform

      The Platform administrator(s) may modify, suspend, or discontinue any part of the Platform at any time.

    2. To the Terms

      The Terms may be updated periodically. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

  8. Termination

    The Platform administrator(s) may suspend or terminate your access at any time for any reason. Sections addressing intellectual property, disclaimers, limitation of liability, indemnification, privacy, and data retention will survive termination.

  9. Governing Law

    These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. Nothing in these Terms limits rights Users may have under applicable mandatory laws of their jurisdiction.

  10. Privacy Policy

    1. Information Collected

      The Platform may collect User Data, account information (such as your name and email), and technical information about how you use the Platform (such as IP address, device type, and usage logs).

    2. Use of Collected Information

      Collected information may be used to operate, maintain, and improve the Platform; generate analytics; facilitate data visibility among Users; comply with legal obligations; and support Platform performance and security.

    3. Disclosure

      Information may be disclosed:

      • to other Users based on your visibility settings,
      • to trusted service providers under confidentiality obligations,
      • when required by law, or
      • when necessary to protect the Platform operator’s rights, safety, or property.
    4. Aggregated Data

      The Platform may produce and share aggregated, anonymized data for operational or analytical purposes. Such data will not identify individual Users.

  11. Data Retention & Deletion

    1. Retention of User Data

      All Platorm Data and User Data submitted to the Platform will be retained by the Platform for operational, analytical, historical, and system-integrity purposes.

    2. Integration into Shared Database

      You acknowledge and agree that all User Data—including but not limited to sample results, vineyard site details, location-specific information, and other agronomic or viticultural data—becomes part of the Platform’s shared database. This database is used to support system-wide analytics, benchmarking, trend generation, and comparative insights across the Platform.

      Accordingly, once submitted, your User Data:

      • may be incorporated into aggregated, anonymized datasets,
      • may contribute to system-wide or multi-user analytical outputs,
      • may be used to improve forecasting, benchmarking, and modeling tools within the Platform, and
      • will remain accessible within the database regardless of changes to your account status.
      • Because your submissions may affect derived analytics and trends relied upon by other Users, User Data cannot be removed, withdrawn, or retracted after submission except by Platform administrator(s).
    3. Backup and Archival Systems

      User Data may continue to exist in system backups, logs, or archival copies maintained for security, integrity, or compliance purposes. Such copies will not be deleted except through normal retention and rotation processes.

    4. Operational Discretion

      The Platform may retain, archive, analyze, or use all User Data indefinitely for operational continuity, Platform improvement, benchmarking, research, analytics, and legal compliance. The Platform administrator(s) retain sole discretion regarding preservation or modification of data.

    5. No Guaranteed Timelines

      While account deletion requests will be processed within a reasonable timeframe, the Platform does not guarantee removal of associated account information from all systems—including backups—within any specific period.

  12. Subscriptions & Billing

    1. Subscription Requirement

      Access to the Platform is provided on a subscription basis. Users must maintain an active subscription in order to access the Platform and its features.

    2. Billing and Payment Processing

      Subscription payments are processed through a third-party payment processor. The Platform does not store or directly process credit card or payment information. By providing payment information, Users authorize the Platform and its designated payment processor to charge applicable subscription fees in accordance with the selected billing cycle. Use of payment processing services may be subject to the payment processor’s own terms and privacy policies.

    3. Failed Payments and Account Deactivation

      If a subscription payment is not successfully processed when due, the associated User account may be temporarily deactivated, and access to the Platform may be suspended.

      Deactivation due to non-payment does not delete account data or contributed data. Upon successful renewal or reinstatement of the subscription, the account may be reactivated, and access restored.

    4. Subscription Changes

      The Platform reserves the right to modify subscription plans, pricing, billing cycles, or access levels with reasonable notice. Continued use of the Platform following such changes constitutes acceptance of the updated subscription terms. Subscription fees are non-refundable except as required by applicable law.

Acknowledgements

This software makes use of contributions from others. Some of which include the following: