Legal
Draft — not yet published
These terms govern your use of the CASPOMA platform (the "Platform"), the member portal at https://app.caspoma.com where the records of your cask portfolio are kept. The Platform was built for the benefit of members.
By accepting these terms when you sign in, and by continuing to use the Platform, you agree to them. If you do not agree, please do not use the Platform.
These terms cover your use of the Platform and nothing else. They do not govern your purchase of any cask, or your arrangements with any warehouse or insurer. Where these terms conflict with another agreement between us, that other agreement prevails on its own subject matter.
Member - a person we have invited and given an account.
Content - anything recorded in the Platform about a cask, a portfolio or a member, whether entered by you, entered by us, uploaded as a document, or generated by the Platform.
Share Link - a web address generated from the Platform that lets a person without an account view a selected part of a cask record.
Accounts are created by invitation. There is no self-registration. Your access is tied to your membership and to the group your account belongs to.
We may suspend or close your account if your membership ends, if you breach these terms, or if we reasonably believe your account has been compromised. You may not transfer your account to anyone else.
We grant you a personal, non-exclusive, non-transferable, revocable right to use the Platform for the purpose of viewing and managing the records of your own portfolio, for as long as your account is open.
That is the whole of what you are granted. In particular:
The Platform is a record-keeping and portfolio-management tool. This section matters more than any other on this page, so it is written plainly. The Platform is not:
Your legal rights in any cask come from your purchase documents, delivery orders, warehouse records and your agreement with us, not from what the Platform displays.
Information in the Platform is entered by members and in future may be drawn from third parties such as warehouses, insurers and valuers. It may be incomplete, out of date, or wrong. Accordingly:
Keep your password confidential. Do not share your account. You are responsible for what is done through it.
We recommend enabling two-factor authentication (when available).
You can see and end your active sessions from your profile. Tell us immediately if you believe someone else has accessed your account.
You must not:
We log activity on the Platform, including sign-in attempts and changes to records, and may use those logs to investigate suspected breaches of this clause.
You keep ownership of the documents and information you upload.
You grant us a non-exclusive licence to store, copy, display and process your Content so that we can operate the Platform, provide it to you, and meet our legal and record-keeping obligations. This licence lasts as long as we hold the Content.
You confirm that you have the right to upload what you upload, and that doing so breaches no one else's rights and no duty of confidence.
The Platform lets you create a Share Link exposing part of a cask record to someone without an account. If you create one:
We are not responsible for what a recipient does with information you chose to disclose.
We do not commit to any level of availability, uptime or response time. The Platform may be unavailable for maintenance, upgrades, or reasons outside our control.
Support is provided on a reasonable-endeavours basis by the members who maintain the Platform. There is no service-level commitment.
We may change, add to or withdraw features at any time, and may cease providing the Platform altogether on reasonable notice.
The Platform costs money to develop, host and support.
Fees and payment terms will be communicated to each member once finalised.
No payment is taken through the Platform, which has no billing function.
Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, [including — per governing law, e.g. death or personal injury caused by negligence, or fraud — COUNSEL]. Subject to that:
You will indemnify us against any third-party claim arising from Content you uploaded, from a disclosure you made through a Share Link, or from your breach of clause 8.
We may suspend or terminate your access immediately if you breach these terms, if your membership ends, or if we are required to by law. You may stop using the Platform at any time and ask us to close your account.
On termination your access ends, and the right granted in clause 4 ends with it. We retain records after your access ends — your account record, the portfolio Content, and our activity and audit records. What we retain, and for how long, is set out in the Privacy Policy. Some of it we cannot delete: our audit records are immutable by design, so that the history of who changed what cannot be rewritten.
If you want a copy of your portfolio data, ask before your account is closed.
These terms are versioned. Each published version carries a version number and an effective date, and every previous version remains permanently readable at its own address. The version in force is the one shown at [TERMS URL].
Your continued use of the Platform after we publish a change means you accept it. We will tell you about a significant change by email or a notice in the Platform, but we are not obliged to obtain fresh acceptance.
These terms are the whole agreement between us about your use of the Platform. Nothing in them creates a partnership, joint venture or agency.
If any part is unenforceable, the rest continues to apply. If we do not enforce a right, that is not a waiver of it.
You may not assign these terms. We may assign them to a person or entity that takes over the operation of the Platform. No one other than you and us may enforce them.
These terms are governed by the laws of
Questions about these terms: legal@caspoma.com