BrixSense.AI Terms of Use

BrixSense.AI provides software tools designed to help wineries, winemakers, production teams, and winery operators analyze historical winery data, model production scenarios, forecast operational outcomes, and support planning decisions.

The Services may include AI-assisted outputs, forecasts, recommendations, summaries, projections, dashboards, or other planning tools. These outputs are intended for informational and decision-support purposes only.

You may use the Services only if you are legally able to enter into a binding agreement and are authorized to act on behalf of the winery, company, or organization you represent.

When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

You agree to promptly notify us of any unauthorized access to or use of your account.

As between you and BrixSense, you retain all ownership rights in and to the data, files, documents, records, inputs, production information, harvest information, vineyard information, inventory information, sales assumptions, forecasts, business information, and other materials you upload, submit, connect, or otherwise provide to the Services ("Winery Data").

BrixSense does not claim ownership of your Winery Data.

You are solely responsible for the accuracy, quality, legality, and completeness of your Winery Data, including ensuring that you have all necessary rights, permissions, and authority to provide such data to BrixSense for use in connection with the Services.

You grant BrixSense a limited, non-exclusive, worldwide, royalty-free license to access, host, store, process, transmit, reproduce, analyze, display, and use your Winery Data solely as necessary to:

1. provide, operate, maintain, and improve the Services;
2. generate reports, forecasts, projections, summaries, recommendations, and other outputs requested by you;
3. troubleshoot, secure, and support the Services;
4. perform data processing, normalization, validation, and quality checks;
5. comply with applicable law and enforce these Terms.

This license continues only for as long as needed to provide the Services, comply with legal obligations, resolve disputes, maintain backups, and enforce agreements, unless otherwise agreed in writing.

You agree that BrixSense may create, derive, use, retain, analyze, and commercialize Anonymized Data, Aggregated Data, and Derived Insights from Winery Data and usage of the Services, provided that such data does not identify you, your winery, your brands, your customers, your vineyards, or any individual person.

For purposes of these Terms:

"Anonymized Data" means data that has been processed to remove or obscure identifying information so that it cannot reasonably be used to identify you, your winery, your brands, your customers, your vineyards, or an individual person.

"Aggregated Data" means data that has been combined with data from other users, customers, sources, or datasets in a way that does not identify any specific winery, customer, brand, vineyard, or individual person.

"Derived Insights" means generalized learnings, statistical patterns, model improvements, benchmarks, trends, correlations, forecasts, weights, parameters, or other insights derived from the use of the Services, provided they do not disclose your confidential information or identify you or your Winery Data.

BrixSense may use Anonymized Data, Aggregated Data, and Derived Insights for purposes including:

1. improving forecasting models;
2. enhancing AI-assisted recommendations;
3. developing industry benchmarks;
4. improving product performance;
5. training, testing, and validating models;
6. creating generalized market, production, inventory, or operational insights;
7. developing new features and services;
8. producing aggregated analytics that do not identify any customer.

BrixSense will not publicly disclose Winery Data in a manner that identifies you, your winery, your brands, your vineyards, or your specific confidential business information without your prior written consent.

BrixSense will not sell, rent, lease, or disclose your identifiable Winery Data to third parties for their independent marketing or commercial use without your consent.

For clarity, this restriction does not prevent BrixSense from using Anonymized Data, Aggregated Data, or Derived Insights as described in Section 5.

Each party may receive confidential or proprietary information from the other party. "Confidential Information" includes non-public business, technical, financial, operational, product, production, vineyard, harvest, inventory, pricing, customer, strategy, or other sensitive information disclosed by one party to the other.

BrixSense will use commercially reasonable efforts to protect your Confidential Information from unauthorized access, use, or disclosure.

Confidential Information does not include information that:

1. is or becomes publicly available without breach of these Terms;
2. was known to the receiving party before disclosure;
3. is received from a third party without breach of a duty of confidentiality;
4. is independently developed without use of the disclosing party's Confidential Information;
5. is Anonymized Data, Aggregated Data, or Derived Insights that do not identify the disclosing party.

The Services may use artificial intelligence, machine learning, statistical models, forecasting logic, or automated tools to generate outputs, including recommendations, predictions, risk indicators, summaries, or planning scenarios.

You acknowledge that AI-generated outputs:

1. may be inaccurate, incomplete, or based on incorrect assumptions;
2. may depend heavily on the quality and completeness of Winery Data;
3. should not be relied upon as the sole basis for production, financial, operational, legal, regulatory, or commercial decisions;
4. do not replace professional judgment, winemaking expertise, financial analysis, legal advice, or operational review.

You are responsible for independently reviewing and validating all outputs before relying on them.

BrixSense does not guarantee that any forecast, projection, recommendation, or model output will be accurate or that any particular business, production, financial, or winemaking outcome will occur.

You agree not to:

1. use the Services for unlawful, harmful, deceptive, or fraudulent purposes;
2. upload data that you do not have the right to use or disclose;
3. attempt to reverse engineer, copy, modify, or create derivative works of the Services;
4. interfere with or disrupt the Services;
5. attempt to gain unauthorized access to any system, account, or data;
6. use the Services to develop a competing product or service;
7. submit viruses, malware, or harmful code;
8. remove or alter proprietary notices;
9. use automated scraping, harvesting, or extraction tools without our permission.

You may provide comments, suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback").

You grant BrixSense a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, modify, and commercialize Feedback without restriction or compensation to you.

Feedback does not include your Winery Data unless specifically and separately agreed.

The Services may allow you to connect to or import data from third-party systems, including accounting tools, inventory systems, cellar management systems, spreadsheets, cloud storage platforms, or other software.

Your use of third-party services is governed by the terms and privacy policies of those third parties. BrixSense is not responsible for third-party services, data sources, software, or integrations.

You authorize BrixSense to access and process data from third-party services that you connect to the Services.

BrixSense will use commercially reasonable administrative, technical, and organizational safeguards designed to protect Winery Data from unauthorized access, loss, misuse, alteration, or disclosure.

However, no system can be guaranteed to be completely secure. You acknowledge that you provide data to the Services at your own risk.

You are responsible for maintaining secure access credentials and for controlling access by your employees, contractors, advisors, and other authorized users.

BrixSense may retain Winery Data for as long as your account is active or as needed to provide the Services.

Upon termination of your account, you may request deletion or export of your Winery Data, subject to legal, contractual, security, backup, and operational retention requirements.

BrixSense may retain Anonymized Data, Aggregated Data, and Derived Insights after account termination, provided such data does not identify you, your winery, your brands, your vineyards, or any individual person.

Certain Services may require payment of fees. Fees, billing terms, subscription periods, renewal terms, and cancellation terms will be described in an order form, subscription page, invoice, or separate written agreement.

Unless otherwise stated, fees are non-refundable.

You are responsible for all applicable taxes, excluding taxes based on BrixSense's income.

Some Services may be offered as beta, pilot, trial, or evaluation services. These services may be incomplete, experimental, or subject to change.

BrixSense may modify, suspend, or discontinue beta or pilot services at any time.

Beta, pilot, or evaluation services are provided "as is" and may be subject to additional terms.

BrixSense and its licensors own all rights, title, and interest in and to the Services, including software, algorithms, models, workflows, interfaces, designs, reports, templates, documentation, trademarks, trade names, logos, and other intellectual property.

Except for the limited rights expressly granted in these Terms, no rights are granted to you in or to the Services.

You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or otherwise exploit the Services except as expressly permitted by these Terms.

BrixSense may not use your winery name, logo, or trademarks in public marketing materials without your prior consent.

However, if you separately agree to act as a design partner, reference customer, case study participant, or testimonial provider, BrixSense may use approved names, quotes, marks, and materials in accordance with that separate approval.

The Services are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, BrixSense disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, or error-free operation.

BrixSense does not warrant that:

1. the Services will be uninterrupted, secure, or error-free;
2. any data, forecast, recommendation, or output will be accurate or complete;
3. the Services will meet your specific business, production, financial, or operational needs;
4. any particular production, revenue, margin, inventory, harvest, or winemaking outcome will result from use of the Services.

To the maximum extent permitted by law, BrixSense will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost production, lost inventory value, lost business opportunities, loss of goodwill, loss of data, or business interruption.

To the maximum extent permitted by law, BrixSense's total liability arising out of or relating to the Services or these Terms will not exceed the greater of:

1. the amount you paid to BrixSense for the Services in the six months preceding the event giving rise to the claim; or
2. one hundred dollars ($100), if you have not paid BrixSense any fees.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply.

You agree to defend, indemnify, and hold harmless BrixSense and its officers, directors, employees, contractors, advisors, agents, affiliates, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to:

1. your use of the Services;
2. your Winery Data;
3. your violation of these Terms;
4. your violation of applicable law;
5. your infringement or misappropriation of third-party rights;
6. decisions made based on outputs generated by the Services.

BrixSense may suspend or terminate your access to the Services if:

1. you violate these Terms;
2. your use creates security, legal, operational, or reputational risk;
3. payment is overdue;
4. required by law;
5. we discontinue the Services.

You may stop using the Services at any time. Termination does not relieve you of payment obligations incurred before termination.

Sections relating to data rights, anonymized and aggregated data, confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will survive termination.

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

If Winery Data includes personal information, you represent that you have all required rights, consents, notices, and legal bases to provide that personal information to BrixSense.

BrixSense's ability to use Anonymized Data and Aggregated Data does not permit BrixSense to use personal information in violation of applicable privacy laws.

BrixSense may modify the Services or these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms, updating the "Last Updated" date, or using other reasonable means.

Your continued use of the Services after updated Terms become effective means you accept the updated Terms.

These Terms are governed by the laws of the State of Florida without regard to conflict-of-law principles.

Any disputes arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Volusia County, Florida, unless otherwise required by applicable law.