Fermata terms

What this document is not

This is placeholder text. It has not been written or reviewed by a lawyer and it is not a contract. It is here so the software around it — recording who agreed to what, and when — can be built and tested before the real language exists.

Where a heading below describes something an agreement would normally cover, it says what the topic is rather than stating a term. Nothing here creates or limits any obligation.

Who is responsible for a filing

PLACEHOLDER. The real clause needs to address that a winery's federal reports are the winery's own, signed and submitted by its proprietor. Fermata builds a form from the records the winery entered and does not transmit anything to the TTB.

PLACEHOLDER. It also needs to address the winery's responsibility for the accuracy of what it records, and for reviewing a return before signing it.

Warranties

PLACEHOLDER. The real clause needs to say what is and is not warranted about the software, and on what basis it is provided.

Limitation of liability

PLACEHOLDER. The real clause needs to address any cap on liability, which categories of damages are excluded, whether regulatory fines and penalties fall inside or outside those categories, and which liabilities cannot be limited at all.

Your records

PLACEHOLDER as a term, but these are things the software already does, and they are written here because they are the part a winery is most likely to want in writing: every record you enter is exportable at any time on any tier; the movements ledger, spray applications and journal entries cannot be edited or deleted by anyone, including us; a filed return is kept exactly as filed; and closing an account keeps the business records and removes what identifies a person.

Changes to these terms

PLACEHOLDER. The real clause needs to address notice and acceptance when the terms change. What the software does today: each version is recorded with a hash of its text, acceptances are recorded against that version, and a new version asks again.