These Terms of Service ("Terms") govern your access to and use of the Prongline platform, website, and any associated services (collectively, the "Service") operated by Prongline, Inc. ("Prongline," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business you represent. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for business use by venues, distributors, breweries, and brands operating in the specialty beverage industry.
To access certain features of the Service, you must register for an account. You agree to:
We reserve the right to suspend or terminate accounts that contain inaccurate information or that we believe have been compromised.
Subject to these Terms, Prongline grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in connection with the specialty beverage industry.
You agree not to:
Prongline facilitates connections and transactions between venues, distributors, and brands. When you place or accept an order through the Service:
Access to certain features of the Service may require payment of fees as described in your subscription plan or order form. You agree to pay all applicable fees in accordance with the payment terms presented at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. Prongline reserves the right to modify its pricing with reasonable notice to you.
The Service and all content, features, and functionality — including but not limited to text, graphics, logos, software, and data compilations — are owned by Prongline or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or its content without our prior written permission.
You retain ownership of any content you submit to the Service, including catalog listings, menu data, and business information ("Your Content"). By submitting Your Content, you grant Prongline a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display Your Content as necessary to provide and improve the Service, including for the purpose of generating market intelligence and anonymized analytics.
The Service may provide market intelligence, demand signals, pricing data, and AI-generated recommendations ("Market Data"). Market Data is provided for informational purposes only. Prongline does not warrant the accuracy, completeness, or fitness for any particular purpose of Market Data. You are solely responsible for any decisions made in reliance on Market Data.
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
The Service may integrate with or link to third-party services, platforms, or websites. Prongline does not control and is not responsible for the content, privacy practices, or terms of any third-party service. Your use of third-party services is at your own risk and subject to the applicable third-party terms.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PRONGLINE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRONGLINE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
IN NO EVENT SHALL PRONGLINE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO PRONGLINE IN THE TWELVE MONTHS PRIOR TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Prongline and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
We may update these Terms from time to time. When we do, we will revise the effective date above and post the updated Terms on the Site. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. We recommend reviewing this page periodically.
If you have any questions about these Terms, please contact us at: support@prongline.com