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Terms of Service

Last updated: September 1, 2026

1. Agreement to these terms

These Terms of Service ("Terms") govern your use of the DepletionIQ website and the DepletionIQ platform (together, the "Service") provided by DepletionIQ ("we," "us"). By accessing the website or using the Service, you agree to these Terms. If you are using the Service on behalf of a company, you represent that you have authority to bind that company, and "you" refers to that company.

2. The Service

DepletionIQ provides depletion reporting and sales analytics for beverage alcohol producers. We ingest distributor reports and related sales data you provide or authorize, and present them in dashboards, reports, and alerts. The Service includes onboarding work such as report-format ingestion, SKU and account mapping, and data auditing.

3. Accounts

You are responsible for maintaining the confidentiality of login credentials and for all activity under your account. You must provide accurate account information and promptly notify us of any unauthorized use. You may add users at no additional charge; each user must comply with these Terms.

4. Fees and billing

  • Subscriptions are billed monthly in advance and continue month-to-month until cancelled.
  • Onboarding is a one-time fee, billed at the start of onboarding and non-refundable once onboarding work has begun.
  • Subscription tiers are priced by state footprint as described on our pricing page. If your footprint changes, your tier may change at the next billing cycle.
  • You may cancel at any time, effective at the end of the current billing period. We do not bill for partial months after cancellation takes effect.
  • Prices may change with at least 30 days' written notice; changes apply from your next billing cycle after the notice period.

5. Your data

You retain all ownership of the data you provide to the Service, including distributor reports, sales records, and account information ("Customer Data"). You grant us a limited license to host, process, and display Customer Data solely to provide and improve the Service. Upon cancellation, we will make your Customer Data available for export in a commonly used format for at least 30 days after your final billing period, after which we may delete it.

6. Distributor and third-party data

The Service processes reports produced by your distributors and other third parties. We do not control, and are not responsible for, the accuracy, completeness, or timeliness of data produced by third parties. Analytics, alerts, and projections in the Service are derived from the data available to us and are provided for informational purposes — they are not a guarantee of business outcomes and are not financial, legal, or regulatory advice.

7. Acceptable use

You agree not to: (a) resell, sublicense, or provide the Service to third parties except your own users; (b) reverse engineer, scrape, or copy the Service or its software; (c) upload data you do not have the right to use; (d) use the Service to violate any law, including beverage alcohol regulations; or (e) interfere with the operation or security of the Service.

8. Our intellectual property

We own the Service, including its software, design, and all improvements. Aggregated or de-identified usage information that does not identify you or your Customer Data may be used to operate and improve the Service. No rights are granted to you except as expressly stated in these Terms.

9. Confidentiality

Each party will protect the other's non-public information with at least reasonable care and use it only as needed to perform under these Terms. Customer Data is your confidential information. Our pricing proposals, product roadmaps, and non-public documentation are our confidential information.

10. Availability and support

We work to keep the Service available and to resolve issues promptly, but the Service is provided without a guaranteed uptime level unless separately agreed in writing. We may perform maintenance that temporarily interrupts availability, and we will make reasonable efforts to minimize disruption.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DATA PROVIDED BY THIRD PARTIES WILL BE ACCURATE OR COMPLETE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE. OUR TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS OR TO EITHER PARTY'S BREACH OF SECTION 9 (CONFIDENTIALITY).

13. Indemnification

You will defend and indemnify us against claims arising from Customer Data you provide or your violation of law. We will defend and indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual property rights.

14. Termination

Either party may terminate for material breach that remains uncured 30 days after written notice. We may suspend access for non-payment or security risk. Sections 5, 8, 9, 11, 12, 13, and 15 survive termination.

15. Governing law

These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law rules. The state and federal courts located in Marion County, Indiana have exclusive jurisdiction over any dispute arising from these Terms, and each party consents to their jurisdiction.

16. Changes to these terms

We may update these Terms from time to time. Material changes will be communicated by email or in-app notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

17. Contact

Questions about these Terms: sales@depletioniq.io.

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