Terms and Conditions

1. Who we are

BrewerSync is a service of Afiant B.V., established at Lorentzstraat 89, 2665 JG Bleiswijk, the Netherlands, registered with the Kamer van Koophandel under number 61946281, VAT number NL824197161B01 (“we”, “us”, “Afiant”). These terms apply to the use of BrewerSync (“the service”). By creating an account or using the service, you agree to these terms.

2. Applicability and order of precedence

These terms apply to any use of the service. In addition, supplementary arrangements may apply, such as a quotation, a subscription confirmation or a data processing agreement. In the event of a conflict, the following order of precedence applies: (1) a written supplementary agreement, (2) the data processing agreement, (3) these terms.

3. The service

BrewerSync is an online platform with which breweries manage their orders, production, customers and invoicing, and with which organisers can set up a beer festival with their own festival site. We make every effort to keep the service available and reliable, but cannot guarantee uninterrupted availability.

4. Account and registration

You may create an account if you are 18 years of age or older. If you register on behalf of a brewery or organisation, you declare that you are authorised to bind it. You are responsible for the accuracy of your details and for keeping your login credentials confidential. Activities carried out through your account are your responsibility.

5. Permitted and prohibited use

You use the service only for lawful purposes and comply with applicable laws and regulations. It is not permitted to:

• reverse-engineer, copy or reproduce the service or underlying software;
• extract data by automated means (scraping) or place a disproportionate load on the service;
• upload or distribute unlawful, infringing or harmful content;
• circumvent security measures or disrupt the service for others.

In the event of a breach, we may restrict or suspend access with immediate effect.

6. Availability and maintenance

We strive for high availability but cannot guarantee it. We may carry out maintenance and will, where possible, announce planned maintenance in advance. During the beta, no service level (SLA) applies.

7. Beta programme

Parts of the service (including the festival functionality) are offered in a beta. Beta features are provided “as is”, may change or be discontinued, and may contain errors. We recommend keeping your own copy of important data.

8. Prices and payment

Any rates are listed on the pricing page. During the beta, parts may be offered free of charge. Payments are processed via our payment service provider Mollie and invoicing via Moneybird. Rates are exclusive of VAT, unless stated otherwise. In the event of late payment, we may suspend the service. Prices may change; we will communicate changes in advance.

9. Term, cancellation and termination

A paid subscription runs for the chosen period and is each time tacitly renewed for the same period, unless you cancel before the end of the current period. You may cancel at any time with effect from the end of the current period; amounts already paid are not refunded, unless mandatory law provides otherwise. You may terminate a free account at any time. We may restrict or terminate use in the event of misuse or breach of these terms.

10. Your data, export and deletion

Data that you enter into the service remains yours. For a reasonable period after termination (at least 30 days), you can export your data; after that, we may delete it, except for data we are legally required to retain. We process your data as described in our privacy policy.

11. Processing of personal data

To the extent that you process personal data of third parties through the service (such as data of your customers or contacts), you are the controller for this and Afiant acts as processor. Our data processing agreement applies to that processing and forms part of these terms. For the personal data that we process for our own purposes (such as account data), we are the controller; see the privacy policy.

12. Intellectual property

The software, the design and the brand name BrewerSync are and remain the property of Afiant. You receive a non-exclusive, non-transferable right of use for the duration of your use of the service.

13. Indemnification

You indemnify Afiant against third-party claims arising from the content you place in the service or from your use of the service in breach of these terms or the law.

14. Liability

The service is provided with the greatest possible care. To the extent permitted by law, we are not liable for indirect or consequential damage, and our total liability is limited to the amount you paid for the service in the twelve months prior to the event causing the damage. These limitations do not apply in the case of intent or deliberate recklessness on the part of Afiant, nor to liability that cannot be excluded or limited under mandatory law, including the statutory rights of consumers.

15. Force majeure

In the event of force majeure, we are not obliged to fulfil our obligations for the duration of the force majeure situation. Force majeure includes, among other things, disruption or failure of suppliers, the internet, hosting or the energy supply.

16. Consumers

Festival visitors and other natural persons who use the service outside a profession or business retain their mandatory consumer rights. Where these terms deviate from those rights, those statutory rights prevail.

17. Changes

We may amend these terms. In the event of significant changes, we will inform you in advance by email or via a notice in the service. By continuing to use the service, you agree to the amended terms.

18. Assignment

We may transfer our rights and obligations under these terms to another party, for example in the event of a reorganisation or acquisition. We will inform you of this. You may only transfer your rights and obligations with our written consent.

19. Severability

If a provision of these terms is void or voidable, the remaining provisions remain in force. We will replace the provision in question with a valid one that corresponds as closely as possible to the original intention.

20. Applicable law and disputes

These terms are governed by Dutch law. We will submit disputes to the competent court in the district where Afiant is established, unless the law mandatorily designates another court (such as for consumers).

Contact

Questions about these terms? Contact us.