Terms of service

1. Acceptance of these terms

These terms form the agreement between MLJ, SASU, the publisher of CellarShip, and the business that subscribes to the service. You accept them when you open an account, when you send a request through the contact form and then begin a trial arranged with us, or when you pay an invoice for a plan. If you are accepting on behalf of a winery, you confirm that you are authorized to bind that business. If you do not accept these terms, do not use the service.

2. What the service is

CellarShip is a web application for managing a wine club release. It holds member records and club tiers, builds the allocation for each release, collects hold, skip, quantity change and pickup requests from members through a link you send them, checks each shipment against the state rules we maintain, retries declined payment attempts before the pack date, and produces pick lists, carrier labels and a shipment manifest. It also keeps a release history for each member that your tasting room staff can read.

CellarShip is not a compliance filing service, a point of sale system, an accounting package or a payment processor. It does not file your state returns, renew your permits, calculate your excise tax or hold your funds. The compliance checks it performs are a control that stops a shipment before it reaches a carrier, and they do not replace your own obligation to hold the right permits and to verify what a state requires.

3. Accounts and eligibility

The service is sold to businesses, not to consumers, and it is intended for licensed alcohol producers and the people who work for them. You must be at least eighteen years old and legally able to enter into a contract. You are responsible for the accuracy of the account details you give us, for keeping login credentials confidential, and for everything done under your accounts. Tell us promptly at jimenezjulien42@gmail.com if you believe an account has been used without permission.

4. Acceptable use

You agree not to use CellarShip to send shipments you know to be prohibited in the destination state, to store data unrelated to your club operation, to attempt to access another customer's records, to probe or overload the infrastructure, to resell access to the service without a written agreement, or to copy the interface or underlying logic to build a competing product. You also agree that member communications you send through the service will comply with the marketing and alcohol advertising rules that apply to you.

5. Plans, billing and price changes

Three plans are offered, quoted and charged in US dollars: Small Club at $59 per month, Estate at $139 per month and Multi Label at $289 per month. Each plan is billed monthly in advance from the day your subscription starts, and the plan you choose is set by club member count and by the number of labels you ship under. There is no setup fee and no minimum term. Where local sales tax or VAT applies to your business, it is added to the invoice and shown separately.

If your club grows beyond the member count in your plan, we will tell you before we change anything and the new rate applies from your next invoice date. Downgrades take effect at the next invoice date as well. We may change list prices with sixty days of notice by email, and an existing subscriber keeps the old price until the end of the notice period. Failure to pay an invoice within fifteen days of its due date allows us to suspend access after a written reminder.

6. Cancellation

You can cancel at any time from the account screen or by writing to us. Cancellation takes effect at the end of the month that has already been paid for, and no further invoice is issued. We do not charge a cancellation fee and we do not require a phone call to release you. Amounts already paid for the current month are not refunded, because the service was available to you for that period.

For thirty days after cancellation, your records remain available to export as CSV files and as a complete archive. After that window they are deleted from active systems, and from backups within a further ninety days. If you ask us in writing during the window, we will delete everything immediately instead.

7. Your data

Your club member records, release history and business information belong to you. We do not sell them, we do not use them to market to your members, and we do not use one customer's data to build features exclusive to another. We process that data only to run the service for you and to provide support, acting as a processor under the data protection terms that accompany this agreement.

We may use aggregated, de identified statistics about how the service is used, for example the average number of holds per release across all customers, to improve the product and to publish general figures. Such statistics never identify a winery, a member or an address.

8. Availability and support

We target 99.9 percent monthly availability, measured excluding scheduled maintenance. Maintenance is announced at least three business days ahead and is scheduled away from the release windows our customers have told us about. Support is provided by email on French business days for every plan, with same business day telephone support on the Estate and Multi Label plans. Support is delivered in English.

9. Warranty disclaimer

The service is provided on an as is and as available basis. To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the service will be uninterrupted or free of defects, nor that the state rules maintained in the system will be complete or current at every moment, since states change their requirements on their own schedule and without notice to us.

10. Limitation of liability

To the fullest extent permitted by law, our total liability arising out of or relating to this agreement, whatever the cause of action, is limited to the amounts you paid us for the service in the twelve months preceding the event giving rise to the claim. We are not liable for indirect or consequential loss, including lost profit, lost sales, lost club members, product spoilage, carrier penalties, or fines and license consequences arising from a shipment you dispatched. Nothing in these terms excludes liability that cannot lawfully be excluded.

11. Indemnity

You agree to indemnify and hold harmless MLJ, SASU, its director and its staff against claims, damages and reasonable costs arising from your use of the service in breach of these terms, from content or member data you upload, or from shipments you dispatch in breach of the law applicable to you.

12. Changes to these terms

We may update these terms as the product and the law evolve. Material changes are notified by email at least thirty days before they take effect, and continuing to use the service after that date means you accept the new version. If you do not accept a change, you may cancel before it takes effect and we will refund any amount already invoiced for a period after the effective date.

13. Governing law and jurisdiction

This agreement is governed by French law. The parties will try in good faith to resolve any dispute amicably first. Failing that, the competent courts of Paris, France have exclusive jurisdiction, including for urgent proceedings and where there are several defendants.

14. Contact

Questions about these terms go to MLJ, SASU at jimenezjulien42@gmail.com. Company registration details are on the legal notice, data handling on this website is described in the privacy policy, and the person who maintains the product is introduced on the author page.