Terms of Service for Distillery University
Effective Date: 05/02/2026
If you require any more information or have any questions about our Terms of Service, please contact us at info@distilleryuniversity.com.
Introduction
These Terms of Service (“ToS”) govern your use of this website, the StillSmart AI assistant, the DistilleryPlanPro business plan wizard, and any other services provided by Distillery University LLC (“Distillery University,” “DU,” “we,” “us,” or “our”). By using this website or any DU service, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or any DU service.
You must be at least 18 years of age to use this website or any DU service. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
The information provided on this website and through any DU service (including StillSmart and DistilleryPlanPro) is deemed reliable, but not guaranteed. We recommend consulting experienced professionals if you wish to open a craft distillery or engage in any business activities related to distillation.
Please refrain from directly contacting any of the interviewees or instructors with questions or solicitations unless express permission has been granted by Distillery University LLC.
Distillery University LLC does not necessarily agree with or endorse any of the opinions or statements made by instructors or interviewees found on this website.
StillSmart AI Assistant; Educational Use Only; No Professional Advice
Educational and Informational Use Only
StillSmart is an AI-powered educational assistant provided by Distillery University LLC (“DU”) that may generate responses based on information from DU materials and other sources. StillSmart is provided for general educational and informational purposes only.
No Professional Advice
StillSmart does not provide legal, regulatory, safety, financial, engineering, medical, tax, or other professional advice. You understand and agree that any content generated by StillSmart (including guidance, suggestions, checklists, calculations, summaries, or examples) is not a substitute for advice from qualified professionals, and you should consult appropriate professionals and official sources before acting.
Accuracy; No Reliance
StillSmart responses may be incomplete, outdated, incorrect, misleading, or not applicable to your specific circumstances. DU does not guarantee that any StillSmart output is accurate, complete, lawful, safe, or suitable for any purpose. You agree that you will not rely on StillSmart as the sole basis for any decision or action, and you assume all risk for your use of StillSmart outputs.
User Responsibility for Compliance With Laws
You are solely responsible for understanding and complying with all applicable laws, regulations, licensing requirements, and safety standards in your jurisdiction. Distillation and alcohol production are regulated activities and legal requirements vary widely by location. In many jurisdictions, including the United States, distilling beverage alcohol without required federal, state, and local approvals is illegal.
StillSmart may discuss distillation topics that could be lawful in some countries or contexts and unlawful in others. DU does not encourage or condone illegal activity. You agree not to use the website or StillSmart to plan, attempt, facilitate, or engage in any unlawful activity, including illegal alcohol production.
Safety Warning; Assumption of Risk
Distillation and related activities can involve serious risks (including fire, explosion, poisoning, burns, injuries, property damage, and death). You are solely responsible for safe practices, proper equipment, ventilation, handling of flammable materials, compliance with safety standards and codes, and use of qualified supervision where appropriate. DU is not responsible for any harm, loss, or damage arising from your participation in distillation-related activities or your use or misuse of any StillSmart output.
Right to Refuse/Restrict Use
DU may, at its sole discretion, restrict, refuse, suspend, throttle, or terminate access to StillSmart or the website if DU believes your use may violate these Terms, applicable law, or DU policies, or may pose safety, compliance, operational, cost, or other risks.
StillSmart Fair Use; Usage Limits; Anti-Abuse
StillSmart may be subject to fair use limits, rate limits, and/or usage caps, including during trials, to prevent abuse, control costs, and maintain service quality for all users. DU may establish, modify, and enforce such limits at its sole discretion.
You must not attempt to bypass or circumvent usage limits, including by automation, scraping, prompt scripting, account sharing, creating multiple accounts to avoid restrictions, or other measures intended to defeat limitations. DU may suspend or terminate accounts that DU determines are excessive, abusive, interfere with service performance, or violate these Terms, without refund to the fullest extent permitted by law.
DistilleryPlanPro Business Plan Wizard; Educational Use Only; No Professional Advice
Educational and Informational Use Only
DistilleryPlanPro is an AI-assisted business-planning tool provided by Distillery University LLC (“DU”) that generates draft business-plan content, financial projections, startup-cost estimates, and exportable documents (including PDF and DOCX files) based on inputs you supply and information from DU materials and other sources. DistilleryPlanPro is provided for general educational, informational, and planning purposes only.
No Professional, Financial, Legal, or Investment Advice
DistilleryPlanPro does not provide legal, regulatory, accounting, tax, financial, investment, engineering, safety, medical, or other professional advice. You understand and agree that any content generated by DistilleryPlanPro — including narrative sections, financial projections, startup-cost breakdowns, revenue forecasts, market analyses, organizational descriptions, or exported PDF/DOCX documents — is not a substitute for advice from qualified professionals (including attorneys, CPAs, licensed financial advisors, lenders, regulatory consultants, and TTB practitioners), and you should consult appropriate professionals and official sources before acting on, distributing, or relying on any DistilleryPlanPro output.
Projections Are Estimates, Not Guarantees
Financial figures generated by DistilleryPlanPro — including but not limited to startup costs, equipment costs, facility costs, licensing costs, revenue projections, cash-flow estimates, aged-spirits inventory modeling, and five-year forecasts — are illustrative estimates derived from industry benchmarks, regional assumptions, and the inputs you provide. Actual results may vary materially based on market conditions, execution, regulatory changes, supplier pricing, labor costs, and many other factors outside DU’s control. DistilleryPlanPro outputs are not audited financials, certified projections, offering documents, or solicitations to invest.
Accuracy; No Reliance
DistilleryPlanPro outputs may be incomplete, outdated, incorrect, misleading, or not applicable to your specific circumstances. DU does not guarantee that any DistilleryPlanPro output is accurate, complete, lawful, safe, suitable for any purpose, or compliant with any specific lender, investor, SBA, TTB, state, or local requirement. You agree that you will not rely on DistilleryPlanPro as the sole basis for any decision or action — including any decision to seek financing, sign a lease, purchase equipment, hire personnel, or apply for a license — and you assume all risk for your use of DistilleryPlanPro outputs.
User Responsibility for Inputs and Use of Outputs
You are solely responsible for: (i) the accuracy, lawfulness, and completeness of the information you enter into DistilleryPlanPro; (ii) reviewing, verifying, and editing all generated content before presenting it to any third party (including investors, lenders, regulators, partners, employees, or the public); (iii) confirming that any financial figures and assumptions match your own due diligence; and (iv) ensuring that any use, reproduction, or distribution of DistilleryPlanPro outputs complies with all applicable laws, including securities, lending, advertising, and disclosure laws.
License to Outputs
Subject to your full payment of applicable fees and your continued compliance with these Terms, DU grants you a limited, non-exclusive, non-transferable, revocable license to use, reproduce, and distribute the business-plan documents you generate through DistilleryPlanPro for your own internal business-planning, financing, and operational purposes. You may not resell, sublicense, repackage, or commercially redistribute the DistilleryPlanPro service, its underlying templates, or its prompts. The DU and DistilleryPlanPro names, logos, branding, document templates, financial models, prompt structures, and software remain the intellectual property of Distillery University LLC.
Right to Refuse/Restrict Use
DU may, at its sole discretion, restrict, refuse, suspend, throttle, or terminate access to DistilleryPlanPro if DU believes your use may violate these Terms, applicable law, or DU policies, or may pose safety, compliance, operational, cost, or other risks.
Fair Use; Usage Limits; Anti-Abuse
DistilleryPlanPro may be subject to fair-use limits, rate limits, and per-user generation caps to prevent abuse, control costs, and maintain service quality for all users. DU may establish, modify, and enforce such limits at its sole discretion. You must not attempt to bypass or circumvent usage limits, including by automation, scraping, prompt scripting, account sharing, creating multiple accounts to avoid restrictions, or other measures intended to defeat limitations.
License to Use Website
Unless otherwise stated, www.distilleryuniversity.com and/or its licensors own the intellectual property rights published on this website and materials used on www.distilleryuniversity.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files, or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
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Republish material from this website in print or digital media or documents (including republication on another website) without prior written consent from Distillery University LLC.
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Sell, rent, or sub-license material from the website.
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Show any material from the website in public without proper attribution and prior permission.
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Reproduce, duplicate, copy, or otherwise exploit material on this website for commercial purposes.
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Edit or otherwise modify any material on the website, except where content is specifically and expressly made available for editing (e.g., templates).
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Redistribute material from this website, except for content specifically and expressly made available for redistribution within your organization.
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Republish or reproduce any part of this website through the use of iframes or screenscrapers.
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Use content from this website for the purpose of reverse engineering or competitive analysis.
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Where content is specifically made available for redistribution, it may only be redistributed within your organization and must include proper attribution to Distillery University LLC.
- Use DistilleryPlanPro outputs, templates, prompts, financial models, or generated documents to build, train, fine-tune, benchmark, or operate any competing business-planning service, AI model, or commercial product, except to the extent such restriction is prohibited by applicable law.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.distilleryuniversity.com, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without www.distilleryuniversity.com’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of www.distilleryuniversity.com.
Additional Acceptable Use Rules for StillSmart
You must not use StillSmart or the website to:
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Request, generate, or disseminate instructions intended to facilitate unlawful conduct, including unlawful alcohol production in your jurisdiction.
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Request advice for evading law enforcement, regulatory oversight, taxation, licensing requirements, reporting obligations, or safety standards.
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Use outputs as “official guidance,” regulatory approval, or a substitute for legal/compliance professionals.
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Use StillSmart outputs to design, operate, or modify equipment in a way that violates manufacturer instructions, safety codes, or applicable laws.
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Submit sensitive personal information (e.g., government IDs, passwords, financial account credentials) or confidential information you do not have the right to share.
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Automate access, scrape outputs, or use StillSmart output for training a competing model or service (except to the extent such restriction is prohibited by applicable law).
Additional Acceptable Use Rules for DistilleryPlanPro
You must not use DistilleryPlanPro or the website to:
- Generate business-plan content containing materially false, misleading, or fraudulent information, including fabricated financials, fabricated market data, fabricated team credentials, or undisclosed conflicts of interest.
- Present DistilleryPlanPro outputs to investors, lenders, regulators, or any third party as audited financial statements, certified projections, an offering document, or a solicitation of securities.
- Request, generate, or disseminate plans intended to facilitate unlawful conduct, including unlawful alcohol production, tax evasion, evasion of TTB or state regulatory requirements, or evasion of securities or lending laws in your jurisdiction.
- Use outputs as “official guidance,” regulatory approval, or a substitute for legal, accounting, or compliance professionals.
- Submit sensitive personal information of third parties (including government IDs, Social Security numbers, passwords, financial-account credentials, or non-public personal information) or confidential information you do not have the right to share.
- Automate access, scrape outputs, or use DistilleryPlanPro outputs to train, fine-tune, or evaluate a competing model, template library, or service (except to the extent such restriction is prohibited by applicable law).
Restricted Access
Access to certain areas of this website is restricted. www.distilleryuniversity.com reserves the right to restrict access to certain areas of this website, or at our discretion, the entire website. www.distilleryuniversity.com may change or modify this policy without notice.
If www.distilleryuniversity.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
www.distilleryuniversity.com may disable your user ID and password at www.distilleryuniversity.com’s sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to www.distilleryuniversity.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to www.distilleryuniversity.com the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or www.distilleryuniversity.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
www.distilleryuniversity.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.distilleryuniversity.com, or hosted or published upon this website.
Notwithstanding www.distilleryuniversity.com’s rights under these terms and conditions in relation to user content, www.distilleryuniversity.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
AI Inputs; Confidentiality
Your prompts, questions, plan-wizard answers, financial inputs, uploaded materials, and other submissions to StillSmart and DistilleryPlanPro constitute “User Content.” Do not submit confidential, proprietary, or sensitive personal information you do not wish to share or do not have the right to share. DU may process your inputs and generate outputs to provide the services, maintain quality, comply with law, enforce these Terms (including fair-use limits), and improve the user experience, as described in the Privacy Policy.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. www.distilleryuniversity.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.distilleryuniversity.com does not warrant that:
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This website will be constantly available, or available at all; or
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The information on this website is complete, true, accurate, or non-misleading; or
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New content will be made available.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, tax, engineering, safety, or medical matter, you should consult an appropriate professional.
Without limiting the “as is” nature of the website, DU makes no warranties or representations that StillSmart will:
(a) produce accurate, complete, or reliable outputs;
(b) meet your requirements;
(c) be uninterrupted, timely, secure, or error-free;
(d) prevent losses, compliance issues, operational problems, or safety incidents; or
(e) achieve any particular outcome (including licensing approval, production results, profitability, or product quality).
No Guarantee of Results. DU does not guarantee that use of StillSmart (or any DU materials) will result in licensing approvals, regulatory compliance, improved product quality, increased production efficiency, profitability, or any particular business outcome.
Without limiting the “as is” nature of the website, DU makes no warranties or representations that DistilleryPlanPro will: (a) produce accurate, complete, current, or reliable business-plan content, financial projections, or document exports; (b) meet your requirements or the requirements of any specific investor, lender, SBA program, TTB application, state agency, or other third party; (c) be uninterrupted, timely, secure, or error-free; (d) prevent business losses, compliance issues, financing rejections, regulatory denials, operational problems, or safety incidents; or (e) achieve any particular outcome (including funding approval, licensing approval, profitability, valuation, or business success).
No Guarantee of Results. DU does not guarantee that use of DistilleryPlanPro (or any DU materials) will result in successful financing, licensing approvals, regulatory compliance, profitability, or any particular business outcome.
Limitations of Liability
www.distilleryuniversity.com will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
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For any direct, indirect, special, or consequential loss;
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For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
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For any loss arising from inaccuracies or omissions in the content of this website.
To the fullest extent permitted by law, DU will not be liable for any claims, damages, losses, injuries, costs, or expenses arising out of or related to: (i) your use of, inability to use, or reliance on StillSmart outputs; (ii) any actions you take or do not take based on StillSmart outputs; (iii) any compliance, legal, licensing, tax, reporting, or regulatory consequences; (iv) any product defects, production outcomes, contamination, spoilage, or batch failures; (v) equipment selection, installation, operation, or modification; or (vi) any personal injury, death, property damage, fire, explosion, or other hazards associated with distillation-related activities.
These limitations of liability apply even if www.distilleryuniversity.com has been expressly advised of the potential loss.
To the fullest extent permitted by law, DU will not be liable for any claims, damages, losses, injuries, costs, or expenses arising out of or related to: (i) your use of, inability to use, or reliance on DistilleryPlanPro outputs (including generated business-plan content, financial projections, startup-cost estimates, and exported PDF/DOCX documents); (ii) any actions you take or do not take based on DistilleryPlanPro outputs (including financing, leasing, hiring, equipment, or licensing decisions); (iii) any compliance, legal, licensing, tax, securities, lending, reporting, or regulatory consequences arising from use or distribution of DistilleryPlanPro outputs; (iv) any third-party claims by investors, lenders, partners, customers, employees, or regulators relating to information contained in or derived from DistilleryPlanPro outputs; or (v) any product defects, production outcomes, or operational outcomes connected to a business plan generated using the service.
Definitions of Service
Monthly Access
A paid subscription for Monthly Access entitles the User to view any and all educational videos available on the Site, as well as view any supplemental educational materials. This access will continue for a duration of 30 days, at which time the User’s account will be billed for an additional 30 days of access at the then-current rate. The User can cancel their subscription at any time. No refunds will be given after 15 days from the creation of the user account. The initial $100 registration fee is non-refundable, if applicable.
Six-Monthly Access
A paid subscription for Six-Monthly Access entitles the User to view any and all educational videos available on the Site, as well as view any supplemental educational materials. This access will continue for a duration of 6 months, at which time the User’s account will be billed for an additional 6 months of access at the then-current rate. The User can cancel their subscription at any time. No refunds will be given after 15 days from the creation of the user account. The initial $100 registration fee is non-refundable, if applicable.
Lifetime Access
A paid subscription for Lifetime Access entitles the User to view any and all educational videos available on the Site, as well as view any supplemental educational materials. This access will continue for as long as Distillery University remains in operation under the current ownership of Distillery University LLC. Distillery University LLC does not guarantee the availability of content indefinitely and reserves the right to modify or discontinue any content or services without prior notice.
Certification Exams
Certification exams are designed to assess your knowledge and skills in various areas related to distillation. Upon successful completion of an exam, you will be awarded a certificate. Certification exams may be retaken for a fee if you do not pass on the first attempt. All exam materials are proprietary to Distillery University LLC and may not be shared or reproduced without permission.
Hands-on Workshops
Distillery University LLC organizes and facilitates in-person, hands-on Workshops for the purpose of teaching attendees more about starting and running a distillery. We retain the right to cancel the Workshops at any time, regardless of how many registrations have been processed. All those who have registered will be entitled to a full refund in the event of a full Workshop cancellation at our sole discretion. We will not be responsible for associated travel fees, including but not limited to hotel bookings, rental car bookings, flights, etc. When there is no full Workshop cancellation, refunds will be processed in accordance with the refund policy found on the Workshop information page. Any students who have been granted access to their Lifetime Access membership before the Workshop takes place will receive their refund, less the amount of the Lifetime Access membership.
Online Workshops
Distillery University LLC organizes and facilitates Online Workshops for the purpose of teaching attendees more about starting and running a distillery. We retain the right to cancel the Workshops at any time, regardless of how many registrations have been processed. All those who have registered will be entitled to a full refund in the event of a full Workshop cancellation at our sole discretion. Any students who have been granted access to their Lifetime Access membership before the Workshop takes place will receive their refund, less the amount of the Lifetime Access membership.
If a Payment Plan is utilized, the User will pay 1/3 of the registration fee immediately, then an additional 1/3 in 30 days, followed by the final 1/3 thirty days after that (or before the Workshop takes place, whichever comes first). All funds paid as part of a Payment Plan are non-refundable.
StillSmart Memberships (Separate Subscription)
Separate Subscription
StillSmart memberships are separate from Distillery University membership subscriptions. StillSmart provides access to the StillSmart AI assistant interface and related features as offered at the time of purchase.
Billing; Authorization; Automatic Renewal
StillSmart Monthly Access: billed monthly in advance and automatically renews each month unless canceled before the renewal date.
StillSmart Annual Access: billed annually in advance and automatically renews each year unless canceled before the renewal date.
By purchasing a StillSmart subscription, you authorize DU (and its payment processors) to charge your payment method for the then-current subscription fees and applicable taxes on a recurring basis until you cancel.
Trials; Sign-Up Fees; Promotions
DU may offer free trials and/or sign-up fees for StillSmart. If a StillSmart offering includes a free trial and a sign-up fee, you agree that the sign-up fee may be charged immediately at checkout and is non-refundable to the fullest extent permitted by law, unless expressly stated otherwise at checkout.
Unless you cancel before the end of your free trial, your subscription will automatically convert to a paid subscription and you authorize DU to charge your payment method for the recurring subscription fee and applicable taxes.
Cancellation; No Prorations; No Refunds
You may cancel StillSmart at any time to stop future renewals. Unless required by law or expressly stated at checkout, fees are non-refundable and non-transferable, and DU does not provide prorated refunds or credits for partial billing periods, unused time, or unused usage limits. Cancellation stops future renewals; access may continue until the end of the current paid period.
Discount Codes (Including DU Member Discounts)
DU may offer promotional pricing or discount codes to certain users (including DU members). Discount codes have no cash value, may be modified or discontinued at any time, and may be subject to eligibility rules and expiration dates.
StillSmart Output and User Decisions
StillSmart outputs are educational and informational only and are not professional advice. You are solely responsible for verifying any information and for all decisions and actions taken based on StillSmart outputs.
DistilleryPlanPro (One-Time Purchase Tiers)
DistilleryPlanPro is offered as a per-plan, one-time purchase at the tier selected by the User at checkout (currently $99 / $249 / $499, with features and inclusions described on the DistilleryPlanPro pricing page at the time of purchase). Tier inclusions, pricing, and features may change at DU’s sole discretion; the inclusions in effect at the time of your purchase will apply to that purchase.
A DistilleryPlanPro purchase entitles the User to: (i) generate and edit one business plan within the wizard for the tier purchased; (ii) export the resulting plan in the formats included with that tier (such as PDF and/or DOCX); and (iii) any additional features expressly listed for that tier at checkout. Access is tied to the User account that completed the purchase and is non-transferable.
Billing. DistilleryPlanPro purchases are one-time charges processed through our third-party payment processor. DistilleryPlanPro does not auto-renew. Applicable taxes may be added at checkout.
No Refund Policy. Due to the immediate-access, AI-generated, and digital nature of DistilleryPlanPro outputs, all DistilleryPlanPro purchases are final and non-refundable once content has been generated, a document has been exported, or seven (7) days have passed from purchase, whichever occurs first. Where required by applicable law, DU will honor any non-waivable statutory refund rights.
Service Availability. DU does not guarantee uninterrupted availability of DistilleryPlanPro and reserves the right to modify, suspend, or discontinue the service or any tier with reasonable notice. If DU permanently discontinues DistilleryPlanPro within thirty (30) days of your purchase before you have generated or exported a plan, DU will issue a refund of the purchase price for that unused plan.
No Refund Policy for Exams, Study Guides, and Retake Purchases
By purchasing any exam, study guide, or exam retake from Distillery University, you acknowledge and agree that all sales are final. Due to the digital nature of these products and the immediate access provided upon purchase, no refunds will be issued under any circumstances.
This policy applies to:
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Certification Exams: Once an exam purchase is completed, the sale is final, and no refund will be provided, regardless of whether the exam has been started or completed.
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Study Guides: All study guide purchases are final. Access to the digital content is granted immediately upon purchase, and no refunds will be issued.
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Exam Retakes: Fees paid for exam retakes are non-refundable, even if the retake is not attempted or completed.
We encourage all customers to review their purchases carefully before completing a transaction. If you have any questions or concerns prior to purchasing, please contact our customer support team at info@distilleryuniversity.com.
By proceeding with a purchase, you agree to this no refund policy in its entirety.
Pertaining to Distillery Tours/Trips
[No changes required to your existing Trip language unless you want it tightened.]
(Your current Assumption of Risk / Release of Liability / third-party provider / itinerary changes / insurance / cancellation / medical & dietary / compliance sections remain as written.)
Affiliate Information
Distillery University LLC reserves the right to cancel and/or remove affiliates without notice at any time. Affiliates are required to adhere to ethical marketing practices and comply with all applicable laws and regulations. Failure to do so may result in the termination of the affiliate relationship and forfeiture of any unpaid commissions.
Indemnity
You hereby indemnify www.distilleryuniversity.com and undertake to keep www.distilleryuniversity.com indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by www.distilleryuniversity.com to a third party in settlement of a claim or dispute on the advice of www.distilleryuniversity.com’s legal advisers) incurred or suffered by www.distilleryuniversity.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
You also agree to defend, indemnify, and hold harmless DU (including its owners, officers, employees, contractors, agents, affiliates, successors, and assigns) from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of StillSmart or DistilleryPlanPro outputs; (ii) your violation of any applicable laws or regulations; (iii) your distillation-related activities or business operations; (iv) your breach of these Terms; (v) any claim by a third party (including investors, lenders, customers, employees, contractors, regulators, or other users) relating to your products, practices, operations, or any business plan or financial projection prepared using DistilleryPlanPro; or (vi) your distribution of DistilleryPlanPro outputs to any third party.
Dispute Resolution
Any disputes arising out of or in connection with these terms and conditions shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Spokane, Washington, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By using this website, you waive any right to participate in a class-action lawsuit or class-wide arbitration.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Distillery University LLC in respect of any:
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Death or personal injury caused by the negligence of www.distilleryuniversity.com or its agents, employees, or shareholders/owners;
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Fraud or fraudulent misrepresentation on the part of www.distilleryuniversity.com; or
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Matter which it would be illegal or unlawful for www.distilleryuniversity.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, www.distilleryuniversity.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.distilleryuniversity.com’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.distilleryuniversity.com’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as www.distilleryuniversity.com.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions, together with www.distilleryuniversity.com’s Privacy Policy, constitute the entire agreement between you and www.distilleryuniversity.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Assignment
www.distilleryuniversity.com may transfer, sub-contract, or otherwise deal with www.distilleryuniversity.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of WASHINGTON, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of WASHINGTON, USA.
Contact Information
The full name of www.distilleryuniversity.com is Distillery University LLC.
Distillery University LLC’s registered address is:
108 E. Weile Ave. #3
Spokane, WA 99208
For any questions regarding these Terms of Service, please contact us at info@distilleryuniversity.com