Terms of Service

1. Acceptance of the Terms

These Terms form a binding legal agreement between you and WhiskyFindr. You accept them when you click a box, button, or link indicating acceptance, when you create an account or join our Discord server, when you purchase a paid Subscription, or when you otherwise use any part of the Service. If you accept these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

2. Definitions

“Account” means the personal user account you create to access the Service. “Alerts” means automated notifications we deliver, typically through Discord, regarding inventory signals, stock-status changes, new product listings, distillery updates, price drops, and similar events. “Content” means any text, data, images, tables, analyses, comparisons, rankings, price histories, price advice, insights, commentary, blog posts, or other material made available through the Service. “Discord” means the third-party communication platform operated by Discord, Inc. “Free Tier” means the free, ad-supported level of access described in Section 4. “Insights” means our analytical features, including but not limited to price-advice, anomaly-detection, price-drop, buy and sell indicators, and related signals. “Member” means a User who has registered an Account. “Monitored Source” means any third-party retailer, distillery website, warehouse-inventory signal, auction house, marketplace, or other public source from which we compile data. “Secondary Market Data” means information we compile about prices from publicly observable secondary-market sources. “Subscription” means a paid monthly subscription to a paid tier of the Service. “Supporter” means a Member with an active paid Subscription. “Third-Party Retailer” means any retailer, store, warehouse, auction house, marketplace, or other third party whose publicly available product or pricing information is referenced on the Service.

3. Eligibility and minimum age

The Service concerns whisky, bourbon, and other distilled spirits. By creating an Account or using the Service, you represent and warrant that you are at least 21 years of age (the legal drinking age in the United States for distilled spirits) or the legal drinking age in your country, state, or province of residence, whichever is higher. The Service is not directed to children, and we do not knowingly collect personal data from persons under 13 (or under 16 where required by applicable national law). We reserve the right to suspend or terminate, without refund, any Account we reasonably believe is held by a person below the applicable minimum age.

You further represent that you have the legal capacity to enter into a binding contract and that your use of the Service does not violate any law applicable to you, including any alcohol-beverage-control, import, customs, tax, or sanctions law in your jurisdiction. You are not located in, and are not a resident or national of, any country or region subject to comprehensive European Union, Dutch, United States, or United Nations economic sanctions, and you are not on any applicable sanctions or denied-parties list.

4. The Service: what WhiskyFindr is and what it is not

4.1 What we provide

Subject to these Terms, WhiskyFindr provides Users with an information and community service. The Service includes, but is not limited to, a whisky and bourbon price-comparison tool drawing on publicly available retail prices from monitored United States retailers; a Secondary Market Data feature displaying observed secondary-market prices and related indicators; a collection-tracking feature allowing Members to record bottles and observe indicative value over time; Insights such as rankings, trend indicators, and anomaly-detection signals; Discord-based Alerts notifying Supporters of inventory and availability changes at Monitored Sources; a community feature within our Discord server; a release calendar, help centre, FAQ, and blog; and a feature through which Users may submit new bottles for inclusion in the database.

Coverage of Monitored Sources, the list of monitored distilleries and retailers, and the specific features available on each tier may expand, contract, or change over time. The current feature set and coverage are indicative, not guaranteed.

4.2 Free Tier and Supporter Tier

Access to the Service is offered on two tiers. The Free Tier includes access to core information features and is supported by occasional advertising, which may include pop-up advertising. The Supporter Tier is a paid monthly Subscription that includes all Free Tier features together with access to our Discord community and Discord Alerts, and contributes to the continued operation of the Service. The price, features, and inclusions of each tier are those displayed on the pricing page at the time of purchase and may be changed prospectively in accordance with Section 7.5.

4.3 What we are not

WhiskyFindr is an independent information and community service. We are not a retailer, distributor, importer, exporter, wholesaler, broker, auctioneer, marketplace operator, licensed alcohol reseller, tasting club, subscription-bottle club, investment adviser, appraiser, or regulated financial or professional services provider. We do not:

• sell, offer for sale, transport, ship, deliver, store, escrow, warehouse, or facilitate the sale of any alcoholic beverage;
• process payments for any bottle or transaction between you and any third party;
• take orders, hold inventory, issue refunds for third-party transactions, or handle returns, exchanges, complaints, or customer service on behalf of any third party;
• act as your agent, broker, or intermediary in any purchase or sale; or
• provide appraisal, valuation, insurance, estate, tax, investment, legal, or regulatory advice.

4.4 No affiliation with retailers or brands

WhiskyFindr is not affiliated with, endorsed by, sponsored by, licensed by, or partnered with any distillery, brand owner, bottler, importer, Third-Party Retailer, auction house, or marketplace, unless we expressly state otherwise in a signed written agreement. References to brand names, product names, retailer names, distillery names, or warehouse names on the Service, including but not limited to Buffalo Trace, Maker’s Mark, Woodford Reserve, Wild Turkey, Four Roses, Jim Beam, Heaven Hill, Evan Williams, Old Forester, Lux Row, Stitzel-Weller, Costco, Walgreens, Target, and Total Wine, are made solely for nominative and descriptive purposes to identify products and Monitored Sources. All trademarks, service marks, trade names, and logos are the property of their respective owners, and their use on the Service does not imply any relationship with WhiskyFindr.

4.5 Information only; your transactions are with third parties

Any transaction you enter into with a Third-Party Retailer, distillery, marketplace, auction house, or other third party is solely between you and that third party, on that third party’s terms, pricing, policies, and subject to applicable law. WhiskyFindr is not a party to and has no responsibility or liability for any such transaction, including but not limited to product availability, pricing accuracy, pricing glitches, product authenticity, quality, age, proof, vintage, labelling, condition, allocation rules, per-customer limits, queue systems, shipping, taxes, duties, customs, regulatory compliance, delivery, refunds, chargebacks, disputes, fraud, or retailer account actions.

5. Account registration, credentials, and Discord

To access most features you must register an Account, providing accurate, current, and complete information and keeping it up to date. For Supporter features you will also need to link a Discord account in accordance with our instructions. You are responsible for safeguarding your password, your Discord credentials linked to the Service, and any other credentials, and for notifying us promptly at info@whiskyfindr.com of any unauthorised use or suspected compromise of your Account. Unless we expressly agree otherwise, each User may hold only one Account, and an Account is personal and non-transferable.

You may not share, sell, rent, lease, loan, sublicense, or otherwise transfer your credentials or access to the Service to any other person. Sharing the Service with non-Members, including by rebroadcasting Alerts to another Discord server, Telegram channel, SMS group, paid list, or any other audience, is a material breach of these Terms and a ground for immediate termination. You are responsible for all activity occurring under your Account to the extent permitted by law.

Parts of the Service are delivered through Discord and are additionally subject to Discord’s own Terms of Service and Community Guidelines. We do not control Discord and are not responsible for Discord’s availability, moderation actions, account bans, data practices, or changes in functionality. If Discord becomes unavailable or materially changes, we may migrate features to another platform or suspend the affected feature.

6. User-submitted content

The Service allows Users to submit information, including through the bottle-submission feature, community posts on Discord, messages, and feedback (together, “User Content”). By submitting User Content you represent that you own or have all necessary rights to it, that it is accurate to the best of your knowledge, and that it does not violate these Terms, applicable law, or the rights of any third party. You grant WhiskyFindr a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to host, store, reproduce, modify, adapt, translate, compile, index, create derivative works of, publicly display, publicly perform, and otherwise use the User Content for the purposes of operating, improving, and promoting the Service, including incorporation into our databases and aggregated datasets. You waive, to the extent permitted by law, any moral rights in the User Content against WhiskyFindr and its sublicensees. We are not obliged to use, publish, retain, or moderate any User Content, and we may remove, edit, or reject User Content at our discretion.

7. Subscription, billing, automatic renewal, and price changes

7.1 Subscription model

The paid tier of the Service is offered on a monthly subscription basis at the price displayed on the pricing page at the time of purchase (the “Subscription Fee”). Prices are stated inclusive of value-added tax where applicable. Payment is taken in advance for each billing month.

7.2 Automatic renewal — important disclosure

Your subscription is a continuous service that automatically renews each month at the then-current Subscription Fee until you cancel.

By subscribing you authorise us and our payment processor to charge your payment method on file on each renewal date. This Section constitutes the “automatic renewal offer terms” required by California Business & Professions Code §§ 17600–17606 and is presented in a clear and conspicuous manner.

7.3 What you are agreeing to at checkout

Before we charge you, and at the checkout page, you will be shown, in visual proximity to the Subscribe button, that your Subscription will continue until you cancel; a description of the cancellation policy set out in Section 8; the recurring charges that will be billed, the fact that the amount may change over time, and the amount of any currently scheduled change; the length of the renewal term of one month; and any minimum purchase obligation.

7.4 Post-purchase acknowledgment

After you subscribe, we will send you an email confirming your Subscription, the automatic-renewal terms, the cancellation policy, and instructions on how to cancel, in a form you can retain. Once per calendar year, United States Subscribers will receive an annual reminder summarising the Subscription terms, the current price, the renewal schedule, and how to cancel.

7.5 Price changes

If we change the Subscription Fee applicable to your Subscription, we will give you at least seven and not more than thirty days’ advance notice by email before the change takes effect, together with cancellation instructions. If you do not cancel before the change takes effect, the new price will apply from the next renewal.

7.6 Free trials and promotional pricing

If we offer a free trial or promotional price, we will clearly disclose the length of the trial or promotional period, the price that will apply after it ends, and how to cancel before charges begin. If you do not cancel before the end of the trial or promotional period, your Subscription will automatically convert to a paid Subscription at the standard Subscription Fee.

7.7 Payment processing, failed payments, and taxes

Payments are processed by our third-party payment processor. By providing a payment method you represent that you are authorised to use it and you authorise us to charge it for all Subscription Fees and applicable taxes. If a charge fails, we may retry the charge, suspend your access, and terminate your Subscription; you remain liable for amounts due. You are responsible for any taxes, duties, or levies applicable to you that are not collected by us, including United States state or local sales, use, or excise taxes that may apply in your jurisdiction.

8. Cancellation, refunds, and statutory withdrawal rights

8.1 Cancel anytime

You may cancel your Subscription at any time by clicking the Cancel Subscription button in your Account dashboard. Cancellation is effective at the end of your current paid billing month; you will retain access to the Supporter features through that date and will not be charged for any further month. No phone call, letter, or justification is required, and no retention question or offer need be completed. You may also email info@whiskyfindr.com for assistance. This online, same-medium cancellation mechanism is provided in accordance with California Business & Professions Code § 17602(c)–(e).

8.2 14-day satisfaction guarantee

In addition to any statutory right below, and separately from it, if you are dissatisfied with the Service you may request a full refund of your first month’s Subscription Fee within 14 days of your first paid Subscription charge, for any reason. To claim, email info@whiskyfindr.com with the subject “14-day refund.” This satisfaction guarantee applies only to your first paid month, may be used only once per Member, and does not apply to any subsequent month or to Accounts that have previously cancelled and resubscribed.

8.3 Statutory right of withdrawal — EU, EEA, and United Kingdom consumers

If you are a consumer resident in the European Union, the European Economic Area, or the United Kingdom, you have a statutory right to withdraw from this contract within 14 days without giving any reason, in accordance with Directive 2011/83/EU on consumer rights as implemented in the Netherlands in Articles 6:230o et seq. of the Burgerlijk Wetboek.

The withdrawal period expires 14 days after the day on which the Subscription contract is concluded. To exercise the right of withdrawal you must inform us — WhiskyFindr, Atoomweg 1, Groningen, the Netherlands, email info@whiskyfindr.com — by means of a clear statement, for example a letter sent by post or an email. You may, but are not required to, use the Model Withdrawal Form set out in Schedule A. To meet the withdrawal deadline it is sufficient that you send your communication before the period expires. If you withdraw, we will reimburse all payments received from you for the Subscription without undue delay and in any event not later than 14 days from the day on which we are informed of your decision, using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.

The Service is a digital service supplied other than on a tangible medium. If you wish to begin using the Service immediately, including receiving Discord Alerts, before the end of the 14-day withdrawal period, we will ask you at checkout to expressly consent that performance of the Service begin during the withdrawal period and to acknowledge that you understand you will lose your right of withdrawal once the Service has been fully performed, in accordance with Article 16(m) of Directive 2011/83/EU and Article 6:230p(f) BW. If you do not give both forms of consent, performance will begin only once the 14-day period has elapsed. If performance has begun during the withdrawal period with your express consent and you then withdraw, you will pay us an amount proportionate to the Service supplied up to the moment of withdrawal, compared with full performance of the contract, pursuant to Article 14(3) of the Directive and Article 6:230s(3) BW.

8.4 Refund if we remove you from the community

If we terminate or permanently remove you from the Service on moderation grounds, we will, as a goodwill measure and regardless of fault, refund the most recent month’s Subscription Fee you paid, provided that you were not terminated for:

• fraudulent payment activity, chargeback abuse, or deceptive sign-up;
• breach of Section 5 concerning credential sharing or Section 9 concerning rebroadcasting of Alerts, scraping, or commercial exploitation of the Service;
• harassment, threats, hate, or abuse directed at other Members, moderators, or staff; or
• conduct that is unlawful or that exposes WhiskyFindr or other Members to legal, reputational, or security risk.

The refund is your sole and exclusive remedy for any such removal, in addition to any non-waivable statutory rights under applicable law.

8.5 No other refunds

Except as set out in Sections 8.2, 8.3, and 8.4 and except as required by applicable mandatory law, Subscription Fees are non-refundable, including pro rata amounts for partial months upon cancellation and amounts paid for months during which you did not use the Service or during which the Service was degraded as permitted by these Terms.

9. Acceptable use

You agree to use the Service lawfully, in good faith, and in accordance with these Terms. You must not, and must not permit any third party to:

• share, sell, rent, sublicense, or transfer your Account, credentials, or access to the Service;
• rebroadcast, repackage, relay, forward, mirror, resell, or republish Alerts, Insights, price data, Secondary Market Data, or any other Content to any paid or unpaid third-party audience;
• operate any alert channel, bot, feed, scraper, newsletter, website, application, or service using WhiskyFindr data or Alerts;
• use any robot, spider, scraper, crawler, extractor, harvester, or other automated means to access, query, ingest, or copy the Service or any part of it, except through an interface we expressly authorise in writing;
• reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, data-collection methods, schema, or underlying structure of the Service, except to the limited extent such activity cannot be prohibited under mandatory law, including Article 6 of Directive 2009/24/EC on interoperability;
• bypass, disable, or circumvent any authentication, rate-limit, paywall, geofence, or other access-control or security feature;
• use the Service to facilitate or solicit any unlicensed sale, purchase, import, export, or shipment of alcoholic beverages, or any transaction unlawful in any jurisdiction involved;
• use Alerts or Insights to monopolise stock for commercial resale, to coordinate with others to defeat per-customer limits imposed by Third-Party Retailers, or otherwise to misuse the Service in a manner that materially harms Third-Party Retailers or other Members;
• impersonate any person, misrepresent your identity or affiliation, or harass, threaten, defame, dox, stalk, or discriminate against any other person;
• upload, post, or transmit any unlawful, infringing, defamatory, obscene, sexually explicit, hateful, or harmful content, or any malware, exploit, or harmful code;
• advertise, solicit, or promote any product, service, investment, token, scheme, or competing alert or price-tracking service without our prior written consent;
• interfere with the integrity, security, or availability of the Service; or
• use the Service in violation of any applicable law, including anti-spam, data-protection, export-control, sanctions, tax, or alcohol-beverage laws.

As a Member of our Discord server you additionally agree to follow Discord’s own Terms of Service and Community Guidelines and any house rules we post from time to time. We reserve the right, in our sole discretion and without prior notice, to warn, mute, kick, ban, remove messages, revoke roles, or otherwise moderate any User whose conduct we consider inconsistent with these Terms or a healthy community.

Nothing on the Service is financial, investment, legal, tax, appraisal, insurance, estate-planning, or regulatory advice. Whisky and bourbon bottles are consumer goods, not securities, and our Insights, including but not limited to buy and sell indicators, rankings, peak indicators, volatility indicators, and anomaly-detection signals, are illustrative and not recommendations. You alone are responsible for your purchase, collection, consumption, and resale decisions and for the legal and tax consequences of any activity you undertake.

10. Intellectual property

The Service, including all software, databases, interfaces, designs, data compilations, blog articles, text, graphics, the WhiskyFindr name and logo, and other proprietary elements, is owned by WhiskyFindr or its licensors and is protected by copyright, database rights including the sui generis database right under Directive 96/9/EC as implemented in the Dutch Databankenwet, trademark, unfair-competition, and other intellectual-property laws. Subject to your ongoing compliance with these Terms and, where applicable, payment of Subscription Fees, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own non-commercial use for the duration of your active Account or Subscription. All rights not expressly granted to you are reserved. You acquire no ownership rights in the Service or any Content through your use of it.

If you send us comments, suggestions, ideas, or feedback, you grant us a perpetual, worldwide, royalty-free, irrevocable licence to use, modify, and exploit that feedback without obligation to you. Trademarks of Third-Party Retailers, distilleries, and brands are used only to identify those parties and their products and do not imply any relationship with WhiskyFindr.

If you believe Content on the Service infringes your copyright or other right, please send a notice to info@whiskyfindr.com containing the information required by Article 16 of Regulation (EU) 2022/2065 (the Digital Services Act) and, where applicable, 17 U.S.C. § 512(c)(3) (DMCA).

11. Advertising on the Free Tier

The Free Tier is supported by occasional advertising, which may include pop-up advertising and other display formats. Advertisements may be served by third-party advertising networks. We do not endorse, warrant, or accept responsibility for any third-party advertisement or for any product, service, or claim made in or linked from such advertisement. Your interactions with advertisers are solely between you and the advertiser. The Privacy Policy and Cookies notice describe the data practices associated with advertising.

12. Third-party services, Monitored Sources, and data sources

The Service references, links to, compares prices of, and compiles publicly available information about Third-Party Retailers, distilleries, warehouses, marketplaces, and other Monitored Sources. We have no control over Monitored Sources, their websites, inventory systems, pricing, product descriptions, order systems, shipping practices, customer service, age-verification processes, or compliance with law. We are not responsible or liable for any act, omission, error, delay, pricing mistake (including so-called “pricing glitches”), stock error, cancelled order, substituted product, mis-shipment, non-shipment, refund denial, unauthorised charge, account closure, dispute, or other conduct of any Monitored Source. Your sole recourse for any issue with a transaction at a Monitored Source is against that Monitored Source, subject to its terms and applicable law.

Pricing, availability, and other information is compiled from publicly available sources, including but not limited to public retailer web pages, public distillery web pages, publicly posted auction results, publicly available secondary-market listings, inventory signals, and third-party data feeds. We do not access password-protected, login-gated, or otherwise non-public data belonging to any third party.

13. Accuracy disclaimers

The Service cannot be, and is not guaranteed to be, one hundred per cent accurate. You acknowledge and accept that:

• Alerts may be late, missed, duplicated, out of order, or wrong;
• prices, availability, and inventory signals may be out of date or incorrect;
• product information, including but not limited to proofs, vintages, bottle sizes, batch numbers, rickhouse references, labelling, regional availability, and allocation rules, may be misreported by upstream sources;
• Insights, including but not limited to rankings, buy and sell indicators, peak and volatility measures, price-drop signals, and anomaly-detection outputs, are probabilistic outputs of algorithms applied to imperfect data and produce false positives and false negatives; and
• Secondary Market Data, including but not limited to observed prices, deals, asks, indexes, ranges, averages, medians, peaks, volatility measures, and last-observed figures, is informational only and is not an appraisal, valuation, offer, bid, or guarantee of value; and any value figure shown for a bottle in your collection is indicative only, derived from our market signals, and is not an appraisal or a guarantee of any price you could obtain.

The Service operates in a constantly changing technical environment. Monitored Sources regularly change their websites, APIs, bot-mitigation systems, geofencing, authentication, and data formats. Gaps, outages, reduced coverage, delayed feeds, missed restocks, and temporary feature degradation are normal and to be expected. We use commercially reasonable efforts to maintain and expand coverage but make no guarantee of uptime, coverage breadth, detection speed, feature parity, or feature continuity. We reserve the right to add, pause, or drop coverage of any Monitored Source at any time.

Even where an Alert is timely and accurate, you may be unable to complete a purchase due to stock exhaustion, queue systems, bot mitigation, geographic restrictions, per-customer limits, payment declines, shipping restrictions, age-verification failures, or other factors. We do not guarantee that any Alert will result in a successful purchase, or any purchase at all, nor that any purchase opportunity will recur. You agree to verify the accuracy, lawfulness, and suitability of any information before taking any action based on the Service, including by consulting the Monitored Source directly, and you assume the risk of acting on information from the Service without such verification.

14. Secondary market, resale, and alcohol-law responsibility

Secondary Market Data and related Insights are provided for educational, market-research, and consumer-information purposes only. Nothing on the Service is an offer to sell, an invitation to offer, a solicitation of an offer, a bid, an ask, a listing, or a facilitation of the sale of any alcoholic beverage.

You acknowledge that, in the United States and most United States states, the private sale or resale of alcoholic beverages by persons who do not hold the appropriate alcohol-beverage-control licence is illegal and may subject the seller, and in some states the buyer, to civil penalties, licence forfeiture, product forfeiture, and criminal prosecution. Similar restrictions apply in many other countries, including the Netherlands under the Alcoholwet.

You are solely responsible for determining whether any purchase, receipt, possession, import, export, transfer, or resale of any alcoholic beverage is lawful under the laws of your state, country, and any other jurisdiction involved; for complying with all applicable licensing, age-verification, tax, excise, customs, reporting, and delivery requirements; and for any penalties or liabilities arising from non-compliance. We make no representation that any product referenced on the Service can lawfully be shipped to, purchased by, or possessed by you. We do not ship, deliver, transport, or arrange for the transport or delivery of any alcoholic beverage.

15. Disclaimer of warranties

To the maximum extent permitted by law, the Service, including all Content, Alerts, Insights, price comparisons, the collection-tracking feature, Secondary Market Data, blog articles, and community features, is provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind, whether express, implied, statutory, or otherwise. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, timeliness, and any warranty arising from course of dealing, course of performance, or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, free of harmful components, or that any defect will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. Nothing in these Terms excludes, limits, or restricts any warranty, right, or remedy that cannot be excluded, limited, or restricted under mandatory law applicable to you as a consumer. If you are a consumer resident in the European Union, European Economic Area, or the United Kingdom, the conformity rights set out in Article 7 et seq. of Directive (EU) 2019/770 on digital content and digital services, as implemented in Dutch law at Articles 7:50aa et seq. BW, apply and are not affected by this Section.

16. Limitation of liability

To the maximum extent permitted by law, the total aggregate liability of WhiskyFindr and its owner, employees, agents, moderators, contractors, suppliers, and licensors arising out of or relating to these Terms or the Service, in contract, tort (including negligence), statute, restitution, or any other theory, is limited to the greater of the total amount of Subscription Fees you paid to us in the twelve months immediately preceding the event giving rise to the claim, or one hundred euros (€100).

To the maximum extent permitted by law, WhiskyFindr will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, bottles, collection value, resale value, purchase opportunities, missed or delayed Alerts, or business opportunities, whether or not we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, intentional misconduct or gross negligence, or any other liability that cannot be excluded or limited under mandatory law applicable to you as a consumer. You acknowledge that the limitations in this Section are an essential basis of the bargain between us, that the pricing of the Free Tier and the Subscription Fees reflects these limitations, and that without them the Service would not be offered at the prices charged or on the Free Tier.

17. Indemnification

To the maximum extent permitted by law and subject to any mandatory consumer protections, you agree to defend, indemnify, and hold harmless WhiskyFindr and its owner, employees, agents, moderators, contractors, suppliers, and licensors from and against any third-party claims, demands, suits, proceedings, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms; your violation of any law or of the rights of any third party, including any Third-Party Retailer or distillery; your transactions with any third party; your purchase, possession, transport, shipment, resale, import, export, or consumption of any alcoholic beverage; your User Content, Discord messages, and bottle submissions; and your misuse of Alerts, Insights, Secondary Market Data, or the collection-tracking feature. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defence. You will not settle any matter affecting us without our prior written consent.

18. Dispute resolution and arbitration

18.1 Informal resolution — all Users

Before starting any formal proceeding, you agree to try to resolve the dispute informally by emailing info@whiskyfindr.com with a description of your claim and the relief you seek. We will try in good faith to resolve the dispute within 60 days. If we cannot, either party may proceed as set out below.

18.2 Arbitration and class-action waiver — United States Users only

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

This Section 18.2 applies only if you are a resident of the United States. If you are a consumer resident in the European Union, the EEA, the United Kingdom, Switzerland, or another jurisdiction where pre-dispute mandatory consumer arbitration is unenforceable, this Section 18.2 does not apply to you; see Section 18.3.

You and WhiskyFindr agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, rather than in court, except as set out below. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section.

You may opt out of this arbitration agreement by emailing info@whiskyfindr.com with subject line “Arbitration Opt-Out” within 30 days of the date you first accept these Terms, stating your full name, Account email, and that you wish to opt out of arbitration. Opting out does not affect the other provisions of these Terms.

Notwithstanding the agreement to arbitrate, either party may bring an individual claim in small-claims court for claims within that court’s jurisdiction; seek injunctive or equitable relief in court to protect intellectual-property rights or to enforce Sections 5, 9, or 10; and bring a claim for public injunctive relief in court to the extent such a right cannot be waived under applicable law (see McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017)).

You and WhiskyFindr agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to any claim or remedy, then the entirety of this Section 18.2 is null and void as to that claim or remedy, which will instead be heard in a court of competent jurisdiction; the remainder of these Terms, including the class-action waiver as to other claims, will remain in effect.

If 25 or more substantially similar arbitration demands are filed against WhiskyFindr by or with coordinated counsel within a 60-day period, the AAA Mass Arbitration Supplementary Rules will apply, a Process Arbitrator will be appointed to resolve threshold issues, and the demands will be administered in batches of up to 100 cases on a sequenced basis. The parties will participate in AAA-facilitated mediation before individual merits proceedings commence.

WhiskyFindr will pay all AAA filing and administration fees in excess of the consumer’s filing fee, up to the amounts specified in the AAA Consumer Arbitration Rules. Arbitration hearings will be held by video or telephone, or, at your election, in the United States county of your residence. For United States Users, these Terms and any arbitration are governed by the Federal Arbitration Act and, secondarily, by the law of the State of California, without regard to its conflict-of-laws principles, except to the extent Dutch or European Union law is mandatorily applicable. This Section 18.2 survives termination of your Subscription or Account.

18.3 Consumer ADR — EU, EEA, and United Kingdom consumers

If you are a consumer resident in the European Union, the EEA, or the United Kingdom, you are entitled to access certified Alternative Dispute Resolution mechanisms. In the Netherlands, disputes may, where competent, be submitted to De Geschillencommissie at https://www.degeschillencommissie.nl. The EU Online Dispute Resolution platform formerly operated at ec.europa.eu/consumers/odr was permanently shut down on 20 July 2025 under Regulation (EU) 2024/3228 and is no longer available. You may also bring proceedings before the competent courts as set out in Section 22. Nothing in these Terms affects your right as a consumer to bring proceedings in the courts of your Member State of residence under Articles 17–19 of Regulation (EU) 1215/2012 (Brussels I bis).

19. Privacy and data protection

Our collection and use of your personal data are described in our Privacy Policy, Cookies notice, and Data Removal policy, each of which is incorporated into these Terms by reference.

We process personal data in accordance with Regulation (EU) 2016/679 (the GDPR) and the Dutch Uitvoeringswet AVG. As a data subject you have rights of access, rectification, erasure, restriction, portability, and objection, and the right to lodge a complaint with the Dutch Autoriteit Persoonsgegevens or another competent supervisory authority.

If you are a California resident, you have rights under the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA), including the rights to know, delete, correct, opt out of the sale or sharing of personal information, limit the use of sensitive personal information, and non-discrimination for exercising these rights. See our Privacy Policy and, where applicable, our “Do Not Sell or Share My Personal Information” link in the website footer. We honour valid Global Privacy Control signals.

20. Changes to the Service and to these Terms

We may, at our discretion, modify, suspend, add to, or discontinue any part of the Service at any time, with or without notice. Where a change materially and durably reduces the value of the paid Subscription in a way that affects your rights as a consumer, you may be entitled to remedies under Directive (EU) 2019/770 and applicable national law, including termination and a proportionate refund. Except for such mandatory remedies, we are not liable to you or any third party for any modification, suspension, or discontinuance.

We may update these Terms from time to time. If changes are material, we will give you at least 30 days’ advance notice by email or through an in-Service notice before the new Terms take effect. Non-material changes may take effect immediately upon posting. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them. If you do not accept the updated Terms, your sole remedy is to cancel your Subscription in accordance with Section 8.1 before the effective date; you remain entitled to any statutory rights that cannot be waived. The “Last updated” date at the top of these Terms indicates when they were last revised.

21. Suspension and termination

You may terminate your Subscription and Account at any time as set out in Section 8.1 or via the Data Removal process.

We may suspend, restrict, or terminate your Account, Subscription, or access to the Service, with or without notice, if we reasonably believe that you have breached these Terms or any applicable law; are under the minimum age; have engaged in fraudulent, abusive, or harmful conduct, including chargeback abuse; have shared credentials, rebroadcast Alerts, scraped the Service, or otherwise misused the Service in breach of Section 5, Section 9, or Section 10; or pose a legal, security, or reputational risk to us or other Users. We may also terminate your Subscription for convenience on not less than 30 days’ notice, in which case we will refund any prepaid but unused Subscription Fees on a pro rata basis.

On termination, your right to access the Service ends and we may disable your Account and remove you from our Discord server. Sections 4.3 to 4.5, 10, 12, 13, 14, 15, 16, 17, 18, 19, 22, and 24 to 27 survive termination. If we terminate you on moderation grounds, the refund rule in Section 8.4 applies.

22. Governing law and jurisdiction

Except as provided in Section 18.2 (United States consumer arbitration) and the consumer carve-out below, these Terms and any non-contractual obligations arising from or in connection with them are governed by the laws of the Netherlands, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods. The competent courts of the district of Noord-Nederland, location Groningen, have exclusive jurisdiction, without prejudice to our right to bring proceedings in another court of competent jurisdiction.

If you are a consumer habitually resident in a Member State of the European Union, the European Economic Area, the United Kingdom, or Switzerland, the choice of Dutch law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence, as required by Article 6(2) of Regulation (EC) 593/2008 (Rome I). You may bring proceedings against us in the courts of your country of habitual residence, and we may bring proceedings against you only in those courts, as required by Articles 17–19 of Regulation (EU) 1215/2012 (Brussels I bis).

If you are a United States consumer and have not opted out of arbitration under Section 18.2, disputes are subject to the arbitration provisions of that Section, governed by the Federal Arbitration Act and, secondarily, California law. For United States consumers who validly opt out of arbitration or bring claims excepted from it, jurisdiction and venue lie in the state or federal courts located in California, to the extent permitted by law and without prejudice to rights that cannot be waived.

23. Force majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes, pandemics, epidemics, government action, changes in law, orders of public authorities, failure or degradation of telecommunications, internet, cloud, or hosting services, failure, change, or anti-bot action of Monitored Source websites or APIs, changes to or outages of Discord or other third-party platforms on which the Service depends, denial-of-service attacks, cyberattacks, intrusions, and hardware failures (together, “Force Majeure Events”). If a Force Majeure Event materially impairs the Service for a continuous period of more than 30 days, either party may terminate the affected Subscription on notice, and we will refund prepaid but unused fees on a pro rata basis. Mandatory consumer remedies under applicable law are unaffected.

24. Pre-contractual information for EU consumers

As required by Articles 6:230m and 6:230n BW implementing Articles 5 and 6 of Directive 2011/83/EU, the following information is provided to consumers before contract conclusion and forms part of the contract. The trader is WhiskyFindr, established in Groningen, the Netherlands, with registered address at Atoomweg 1, Groningen, the Netherlands, Chamber of Commerce (KvK) number 87883872 and BTW-identificatienummer NL004510145B67. You may contact us by email at info@whiskyfindr.com or by telephone at +31 50 569 09 68. The main characteristics of the Service are as described in Section 4. The total price, including taxes, and any additional charges are as displayed at checkout; no delivery or postal charges apply because the Service is a digital service. Payment is taken monthly in advance via the payment methods shown at checkout, and performance begins as described in Section 8.3. The contract is an indefinite monthly Subscription, cancellable at any time with effect at the end of the current billing month as described in Section 8.1. The right of withdrawal is 14 days for EU, EEA, and United Kingdom consumers, subject to the digital-service consent mechanism described in Section 8.3 and the Model Withdrawal Form in Schedule A. The Service operates on standard modern web browsers and the Discord application on desktop, web, or mobile, and an active internet connection is required. The legal guarantee of conformity under Articles 7 et seq. of Directive (EU) 2019/770 as implemented in Dutch law applies. Out-of-court complaint and redress options are described in Section 18.3.

25. General provisions

These Terms, together with our Privacy Policy, Cookies notice, and Data Removal policy and any documents they incorporate by reference, constitute the entire agreement between you and WhiskyFindr regarding the Service and supersede any prior or contemporaneous agreements, communications, or understandings on that subject. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect, subject to Section 18.2 (class-action waiver blue-pencil rule) and any mandatory consumer protections. Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms to any successor in connection with a sale of the business, a change of legal form, a merger, or a sale of substantially all of our assets; we will notify you of any such assignment. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and WhiskyFindr. Except as expressly stated, these Terms do not confer any rights on any third party.

We may give you notices by email to the address associated with your Account, by message to your Discord account where linked, or by posting on the Service. You may give us notice at info@whiskyfindr.com or by post to Atoomweg 1, Groningen, the Netherlands. These Terms are drafted in English. If we provide a translation for convenience, the English version prevails in the event of inconsistency, except where Dutch or another national law requires otherwise. Headings are for convenience only and do not affect interpretation.

26. Contact

WhiskyFindr — established in Groningen, the Netherlands
Registered address: Atoomweg 1, Groningen, the Netherlands
Email: info@whiskyfindr.com
Telephone: +31 50 569 09 68
KvK: 87883872 — BTW: NL004510145B67

Schedule A — Model Withdrawal Form (EU, EEA, and United Kingdom consumers)

Complete and return this form only if you wish to withdraw from the contract.

To: WhiskyFindr, Atoomweg 1, Groningen, the Netherlands, email info@whiskyfindr.com

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the supply of the following service:

• Ordered on (*) / received on (*): ___________________________
• Name of consumer(s): ___________________________
• Address of consumer(s): ___________________________
• Signature of consumer(s) (only if this form is notified on paper): ___________________________
• Date: ___________________________

(*) Delete as appropriate.

27. Summary of key consumer points (non-binding)

This non-binding summary is provided for clarity only. In the event of any conflict, the numbered provisions above prevail. You must be 21 or older (United States) or the legal drinking age in your country, whichever is higher. You may cancel your Supporter Subscription at any time from your Account dashboard, and your access will continue to the end of the paid month. Consumers in the EU, EEA, and the United Kingdom have a statutory 14-day withdrawal right, and choosing to start receiving the Service immediately at checkout means you agree to begin performance and accept that the withdrawal right lapses once the Service is fully performed. Your first paid month is additionally covered by a 14-day satisfaction refund, available once per Member. If we remove you from the community on moderation grounds, we will refund the most recent month, subject to narrow exceptions. WhiskyFindr is an information service; we are not a retailer and are not responsible for third-party retailer errors, pricing, shipping, or customer service. Alerts, prices, stock signals, Insights, and Secondary Market Data can be wrong, delayed, or missed; please verify before acting. You must not share your Account, rebroadcast Alerts, scrape the Service, or rely on the Service as financial, legal, tax, or appraisal advice. United States disputes are resolved by individual AAA arbitration with a 30-day opt-out; class actions are waived to the extent permitted. Mandatory EU consumer protections cannot be waived, and EU consumers may bring proceedings in their country of residence.

28. Acknowledgment

By creating an Account, subscribing, joining the Discord server, or otherwise using the Service, you acknowledge that you have read, understood, and agreed to these Terms of Service.