Legal

Terms of Use

Draft — not yet published

1. What this document is

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.

2. Definitions

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.

3. Access is by invitation

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.

4. Your right to use the Platform

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:

  1. You acquire no ownership of the Platform, its software, its design, or anything in it other than your own Content;
  2. You may not copy, adapt, translate, decompile, reverse-engineer or create derivative works from the Platform, except so far as the law permits despite this restriction;
  3. You may not sub-licence, rent, resell or otherwise make the Platform available to anyone else;
  4. You may not remove or obscure any notice of ownership.
  5. All rights not expressly granted are reserved.

5. What the Platform is, and what it is not

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:

  1. a broker, dealer or marketplace. Nothing on it is an offer to buy or sell anything.
  2. a custodian. We do not hold your casks. An entry in the Platform is not a certificate of title, a warehouse receipt, or evidence of ownership.
  3. a valuer or appraiser. Any value shown is indicative only and is not a professional valuation.
  4. a source of advice. Nothing on the Platform is investment, tax, legal or financial advice, or a recommendation.

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.

6. Accuracy, and what you must not rely on

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:

  1. The Platform is provided "as is" and "as available". We give no warranty that it, or any Content in it, is accurate, complete, current, or fit for any particular purpose.
  2. Values, projections, ages, volumes, strengths, dates and costs shown are indicative. They may differ from the position recorded by a warehouse, an insurer or any other party, and from any price achievable on a sale.
  3. You must not rely on the Platform for any business, commercial, financial, tax or investment decision. Before acting, verify the position against your own records and the underlying documents, and take your own professional advice.
  4. Where the Platform and an underlying document disagree, the underlying document is correct.
  5. We may correct, amend or remove Content at any time, including retrospectively.
  6. The Platform was built by members, for members, and is maintained on that basis. It is not a professionally supported commercial product and should not be treated as one.
  7. If you think something is wrong, tell us at legal@caspoma.com. We will look into it, but we do not commit to a correction timescale.

7. Your account and security

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.

8. Acceptable use

You must not:

  1. share your credentials, or let anyone else use your account;
  2. attempt to access data belonging to another member or another group;
  3. scrape, bulk-download or systematically extract Content, or use automated means to access the Platform;
  4. probe, scan or test the security of the Platform, or interfere with its operation;
  5. upload anything unlawful, malicious, or that you do not have the right to upload;
  6. use the Platform to market, offer or promote anything to other members.

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.

9. Your Content

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.

10. Share Links

The Platform lets you create a Share Link exposing part of a cask record to someone without an account. If you create one:

  1. you decide what is disclosed and to whom, and you are responsible for that decision;
  2. the recipient may save, copy or forward what they see. A Share Link can be passed on by whoever receives it;
  3. it expires on the date you set, and you can revoke it earlier;
  4. we record each view — the viewer's network address, browser details, referring page and time — and show that activity to you, so you can see how your link has been used.

We are not responsible for what a recipient does with information you chose to disclose.

11. Availability and support

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.

12. Cost

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.

13. No warranty; limitation of liability

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:

  1. We are not liable for loss arising from your reliance on Content, given clause 6.
  2. We are not liable for loss of profit, business, anticipated saving, opportunity or goodwill, or for any indirect or consequential loss, however arising.
  3. We are not liable for loss arising from unavailability of the Platform, from data you chose to disclose through a Share Link, or from your failure to keep your credentials secure.
  4. Our total liability to you, for all claims taken together arising out of or in connection with these terms or the Platform, is limited to [The intended cap was twelve months' fees paid.]

14. Indemnity

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.

15. Suspension and termination

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.

16. Changes

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.

17. General

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.

18. Governing law

These terms are governed by the laws of

19. Contact

Questions about these terms: legal@caspoma.com