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Terms of Service

Last Updated: December 2024

1. Agreement to Terms

By accessing or using FWGS Alerts (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

2. Description of Service

FWGS Alerts monitors the Fine Wine & Good Spirits (FWGS) website for allocated bourbon releases and sends SMS alerts to subscribers when new products are detected.

What we provide:

• Automated monitoring of FWGS release pages
• SMS alerts when allocated bottles are detected
• Weekly email digest for free tier subscribers

What we do NOT guarantee:

• Availability of bottles (we alert, we don't reserve inventory)
• Specific delivery time of alerts (typically 3-10 seconds, but carrier delays may occur)
• 100% uptime (see Section 9)

3. Eligibility

You must be at least 21 years old to use this Service. During registration, you are required to enter your date of birth. We verify that you are 21 years of age or older before activating SMS alerts. Users who do not meet this age requirement cannot complete registration.

Providing false age information is a violation of these Terms and grounds for immediate account termination without refund.

4. Account Registration

To use paid features, you must:

• Provide a valid email address
• Provide a valid mobile phone number capable of receiving SMS
• Provide your date of birth (to verify you are 21 or older)
• Provide valid payment information through Stripe
• Consent to receive SMS alerts (required for service to function)

You are responsible for maintaining the confidentiality of your account and for all activities under your account.

5. Subscription Plans and Pricing

5.1 Free Tier

• Weekly email digest of FWGS releases
• No SMS alerts
• No payment required

5.2 Paid Subscriptions (Founding Member Pricing)

Plan	Price	Billing
Monthly	$24.50/month	Recurring monthly
Annual	$210/year	Recurring annually

5.3 Free Trial

• All new paid subscriptions include a 14-day free trial
• Your card is validated at signup but not charged until the trial ends
• Cancel anytime during the trial with no charge
• After 14 days, your subscription begins and billing occurs automatically

5.4 Founding Member Terms

• Founding member pricing is locked for life as long as your subscription remains active
• If you cancel, you lose founding member pricing permanently
• Founding members may pause their subscription for up to 1 year and retain their rate
• Limited to 25 founding member spots

6. Billing and Payment

• All payments are processed securely through Stripe
• Subscriptions automatically renew unless canceled
• You authorize us to charge your payment method on file for recurring fees
• Failed payments: If your payment fails, we will retry at 0 hours, +24 hours, and +48 hours. After 3 failures, your SMS alerts will be suspended until payment is resolved.

7. Cancellation and Refunds

7.1 Cancellation

• You may cancel your subscription at any time by emailing support@fwgsalerts.com
• Cancellation takes effect at the end of your current billing period
• You will continue to receive alerts until your paid period ends

7.2 Refund Policy

• Monthly subscriptions: No refunds. You may cancel anytime and use the service through the end of your billing period.
• Annual subscriptions: No refunds. You may cancel anytime and use the service through the end of your annual term.
• Exception: If the Service fails to launch or operate by January 22, 2026, all founding members will receive a full refund.

7.3 No Prorated Refunds

We do not provide prorated refunds for partial months or years. When you cancel, you retain access until your current period ends.

8. SMS Terms

By subscribing to SMS alerts, you agree to:

• Receive automated text messages at the phone number you provide
• Standard message and data rates from your carrier may apply
• Message frequency varies (typically 1-4 per week based on FWGS releases)

9. Service Availability

We strive for high availability but do not guarantee uninterrupted service.

• Scheduled Maintenance: We avoid maintenance during typical FWGS drop times (Wednesdays 10am-3pm EST)
• Unscheduled Downtime: We are not liable for missed alerts due to technical issues, carrier delays, or third-party service outages
• Service Credits: We do not provide service credits for downtime

10. Disclaimer of Affiliation

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT RESPONSIBLE FOR MISSED PURCHASES DUE TO ALERT DELAYS, SOLD-OUT INVENTORY, OR TECHNICAL ISSUES

12. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose
• Attempt to reverse-engineer or scrape our systems
• Share your account credentials with others
• Resell or redistribute alerts to non-subscribers
• Use automated systems to access the Service (except as intended)

Violation of these terms may result in immediate account termination without refund.

13. Intellectual Property

All content, features, and functionality of the Service are owned by FWGS Alerts and are protected by copyright, trademark, and other intellectual property laws.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website
• Sending an email to active subscribers

Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees

Upon termination, your right to use the Service ceases immediately.

16. Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Pennsylvania.

17. Contact

For questions about these Terms, contact:

Email: support@fwgsalerts.com
Website: https://fwgsalerts.com