MarketPour Terms of Service
Last updated: August 15, 2026
1. Agreement & Parties
These Terms of Service (“Terms”) cover your access to and use of the MarketPour platform, websites, apps, data products, and reports (together, the “Services”), which are provided by bw166 Services LLC (“MarketPour,” “we,” or “us”). When you create an account, buy a subscription, or use the Services, you — and any organization you represent (“you,” “Customer,” “Client”) — agree to these Terms. If you’re accepting on behalf of an organization, you’re confirming that you have the authority to do so.
If you or your organization has signed a written subscription agreement (an Order Form and Terms of Service) with bw166 Services LLC, that agreement governs your relationship with us, and these online Terms apply only to the extent it doesn’t already cover the topic — see Section 17 (General).
2. Definitions
A few terms have specific meanings throughout these Terms:
Authorized User — an individual employee or contractor of yours who’s been granted access to the Services under your account, whether identified at signup, added through your account settings, or added by written amendment to a subscription agreement.
Services — the MarketPour subscription data products you access (for example, PourLabel, Winery Database, Wine Analytics, and Distributor Market Service), together with the software through which they’re delivered.
MarketPour Data — the data, databases, records, compilations, reports, and outputs made available to you through the Services, and any derivatives of that data. MarketPour Data doesn’t include your Customer Content.
Customer Content — data you upload to, or otherwise use in conjunction with, the Services, which you own independently of MarketPour Data (see Section 9).
3. Eligibility, Accounts & Authorized Users
You need to be at least 18 and give us accurate registration details. Keep your login credentials secure — you’re responsible for everything that happens under your account.
Subscriptions are licensed per Authorized User (or, for some Services, per concurrent user), so credentials can’t be shared between people, used by more than one person at a time, or transferred to someone who isn’t an Authorized User. You can’t have more people using the Services at once than the seat allowance shown at checkout or in your subscription agreement; additional seats are available on request.
You’re responsible for your Authorized Users’ compliance with these Terms and for all activity under your account, and you’ll tell us promptly if you suspect unauthorized access. When someone leaves your organization or no longer needs access, let us know so we can deactivate their credentials.
4. License to Use the Services
As long as you follow these Terms and stay current on payment, MarketPour gives you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Services and use MarketPour Data (Section 7) for your own internal business purposes within your organization’s current structure. This license ends when your access to the Services ends.
5. Subscriptions, Billing & Auto-Renewal
(a) Plans & seats. MarketPour is offered as per-seat (or per-concurrent-user) subscriptions to one or more Services — for example, PourLabel, Winery Database, Wine Analytics, and Distributor Market Service. The fees, billing frequency, and seat counts that apply are the ones shown at checkout or in your subscription agreement.
(b) Payment. Stripe processes your payments, and you authorize us to charge your payment method on a recurring basis. Fees are payable in advance of the period they cover, and we won’t activate — or continue — a subscription until we’ve received the applicable payment. Fees don’t include taxes, which are your responsibility.
(c) Automatic renewal. Your subscription renews automatically at the end of each billing term at the then-current rate, and we’ll charge your payment method unless you cancel before the renewal date. You can cancel anytime from your account billing settings, and cancellation takes effect at the end of the current term rather than ending your current paid term early. We provide this notice in line with applicable automatic-renewal laws. If you have a signed subscription agreement with us, either of us may also prevent auto-renewal by giving written notice of non-renewal at least 30 days before the end of the then-current term, as described in that agreement.
(d) Late payment & suspension. If an invoice remains unpaid 30 days past its due date, we may suspend your access after giving at least 10 days’ written notice of our intent to do so; suspension doesn’t relieve you of the obligation to pay fees for the rest of the term. If payment stays outstanding for 60 days past its due date, we may terminate your subscription.
(e) Refunds. Fees are non-refundable and payment obligations aren’t cancelable, except where the law requires otherwise or as described in Section 15 (Suspension, Termination & Discontinuation).
(f) Changes in fees. We may change pricing effective at your next renewal, and we’ll give you at least 60 days’ notice before we do. Fees won’t change during your current term.
6. Upgrades & Downgrades
Some Services are offered in plans (for example, Basic and Advanced, or Summary and Linked). You can’t hold two plans of the same Service at the same time, and the higher plan fully includes the lower.
You can upgrade to a higher plan at any time during your term. The upgrade takes effect immediately, we prorate the difference in fees over the remainder of your current billing period, and your term isn’t restarted or extended.
You can request a downgrade to a lower plan, but it takes effect at the start of your next renewal term rather than mid-term, and we don’t issue a credit or refund for the unused portion of the higher plan.
7. Data Products, Permitted Use & Redistribution
(a) Ownership. All data, databases, reports, compilations, search results, and analytics you get through the Services (“MarketPour Data”) belong to MarketPour or its licensors and are protected by U.S. and international IP laws.
(b) Permitted internal use. You can access, view, and use MarketPour Data within your organization for your own internal business purposes. You may also use MarketPour Data to prepare internal reports and analyses, and share limited excerpts with your professional advisors (such as accountants or attorneys) under a duty of confidentiality — as long as you’re not disclosing MarketPour Data in bulk or as the substance of what you’re providing them.
(c) Affiliates. You may share individual reports internally and with affiliates you majority-own. Sharing with any other parent, subsidiary, or affiliate entity requires our prior written consent. If you have a signed subscription agreement with us, the affiliate terms in that agreement govern your account.
(d) Prohibited. You can’t (i) resell, sublicense, redistribute, publish, or otherwise commercially exploit MarketPour Data or any derivative compilation; (ii) use automated tools (scrapers, crawlers, bots) to extract data; (iii) bulk-export beyond ordinary use of the export features we provide; (iv) use the Data to build, train, or market a competing product, dataset, or model; or (v) remove proprietary notices.
(e) Enterprise feeds / API. Programmatic or bulk access is available only under a separate written Data Use Addendum.
8. Acceptable Use
You won’t (a) breach security or probe or scan the Services; (b) interfere with or overload our infrastructure; (c) reverse engineer the Services; (d) upload unlawful, infringing, or malicious content; (e) misrepresent who you are; or (f) use the Services in violation of beverage-alcohol or export laws.
9. Customer Content
You keep ownership of the content you submit (“Customer Content”). You grant MarketPour a non-exclusive license to host, process, and display it, solely so we can provide the Services. Customer Content isn’t subject to the use restrictions in Section 7 and doesn’t become MarketPour Data.
10. Intellectual Property & Confidentiality
“MarketPour,” “PourLabel,” our logos, and the software and design behind the Services are MarketPour’s property. You don’t get any rights to them beyond what these Terms expressly grant.
MarketPour Data and the Services are also our confidential and proprietary information. Protect them with at least the same care you use for your own confidential information of similar importance — and, in any case, a reasonable degree of care — and don’t disclose them except as Section 7 permits. If you’re legally required to disclose MarketPour Data (by law, regulation, or court order), you may do so, but where legally permitted, give us prompt notice and reasonably cooperate if we want to seek a protective order.
These confidentiality obligations don’t apply to information that becomes public through no fault of yours, that you already rightfully knew without restriction, or that you rightfully receive from a third party without restriction.
11. Third-Party Services
The Services rely on third parties (such as Stripe and AWS). Their own terms govern their parts of the Services, and we’re not responsible for third-party services.
12. Disclaimers
MarketPour uses commercially reasonable efforts in collecting and processing MarketPour Data and believes it to be accurate as of its collection date. MarketPour Data is compiled from third-party and public sources.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES AND MARKETPOUR DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND MARKETPOUR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, OR ACCURATE. YOU USE THE SERVICES AND MARKETPOUR DATA AT YOUR OWN RISK AND ARE RESPONSIBLE FOR YOUR OWN BUSINESS DECISIONS.
13. Limitation of Liability
TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID OR OWED US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits don’t apply to your breach of Section 7 (Data Products, Permitted Use & Redistribution) or Section 10 (Intellectual Property & Confidentiality), to either party’s indemnification obligations under Section 14, or to liability that can’t be limited under applicable law.
14. Indemnification
(a) By you. You’ll defend, indemnify, and hold us harmless from any third-party claim arising from your breach of Section 7 (Data Products, Permitted Use & Redistribution), Section 3 (Eligibility, Accounts & Authorized Users), or Section 10 (Intellectual Property & Confidentiality), and pay any damages finally awarded or agreed in settlement.
(b) By us. We’ll defend, indemnify, and hold you harmless from any third-party claim alleging that your authorized use of the Services infringes that party’s U.S. intellectual property rights, and pay any damages finally awarded or agreed in settlement. This doesn’t apply to claims arising from your Customer Content, from using the Services combined with something we didn’t supply, or from use that breaches these Terms.
(c) Procedure. The party being indemnified will promptly notify the other of the claim, let the indemnifying party control its defense and settlement (though it can’t settle in a way that admits fault or creates obligations for the indemnified party without their consent), and reasonably cooperate. This section states each party’s entire liability, and the other’s exclusive remedy, for the claims it covers.
15. Suspension, Termination & Discontinuation
We may suspend or terminate your access if you breach these Terms, don’t pay, or use the Services unlawfully, as described below.
Termination for cause. Either of us may terminate immediately on written notice if the other materially breaches these Terms (or a subscription agreement between us) and doesn’t cure the breach within 30 days of written notice describing it.
Non-payment. See Section 5(d) above — we may suspend access for unpaid invoices and terminate if payment stays outstanding 60 days past its due date.
Suspension for misuse. We may suspend your access immediately, without prior notice, if we reasonably believe you or an Authorized User is violating Section 7 or Section 3, or if continued access poses a security risk. We’ll notify you promptly and restore access once the issue is resolved; any suspension is limited to what’s reasonably necessary to address the cause.
Effect of termination. When your access ends, so does your license to the Services and MarketPour Data. You must stop using MarketPour Data and, within 30 days, destroy or return all copies in your possession, and confirm you’ve done so if we ask. Your Customer Content remains yours and isn’t affected by this requirement. Fees already paid aren’t refundable except as described in this section.
Discontinuation of a Service. If we discontinue a Service you’ve subscribed to, we’ll give you at least 90 days’ written notice and refund a pro-rata portion of any prepaid fees covering the period after discontinuation.
Survival. Provisions that by their nature should continue after termination — including confidentiality, ownership, the disclaimer, limitation of liability, indemnification, and Section 17 (General) — remain in effect.
16. Governing Law & Venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any disputes belong exclusively in the state and federal courts located in Monroe County, New York.
17. General
Entire agreement; order of precedence. These Terms, together with any order form, subscription agreement, or amendment you’ve executed with us, make up the entire agreement between you and MarketPour on this subject and supersede prior discussions or proposals. If you have a signed subscription agreement (an Order Form and Terms of Service) with bw166 Services LLC, that agreement governs your relationship with us, and these online Terms apply only to the extent not superseded by it. If a signed agreement conflicts with a later written amendment, the amendment governs.
Amendment. If you have a signed subscription agreement, it can only be modified by a written amendment signed by both parties — no purchase order, click-through, or other document you send us will modify it. For everyone else, these online Terms are the agreement, and we may update them as described in Section 18 (Changes to These Terms).
Assignment. Neither party may assign these Terms without the other’s prior written consent, except that either party may assign them without consent to a successor in a merger, acquisition, reorganization, or sale of substantially all its assets.
Notices. Notices to us should go to legal@marketpour.com or the mailing address in Section 19 (Contact). We’ll send notices to you using the contact information on your account.
Force majeure. Neither of us is liable for a failure to perform (other than paying fees) caused by events beyond our reasonable control.
Waiver and severability. Failing to enforce a provision isn’t a waiver of it. If a provision is unenforceable, it’ll be modified to the minimum extent necessary to make it enforceable, and the rest stays in effect.
Independent contractors. We’re independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.
18. Changes to These Terms
We may update these online Terms from time to time. If a change is material, we’ll let you know through the site or by email. Using the Services after the change takes effect means you accept the updated Terms. If you have a signed subscription agreement with us, changes to that agreement instead require a written amendment signed by both parties — see Section 17 (General).
19. Contact
bw166 Services LLC#171
154 Cobblestone Court Drive
Victor, NY 14564