Terms of Use

The Service is operated by Waffle Corp., a Delaware corporation ("we", "us"), 2093 Philadelphia Pike, #2073, Claymont, DE 19703, United States, under its Shelf Moves brand.

Contact: contact@shelfmoves.com for questions, corrections, privacy requests, legal notices, copyright and takedown requests. Written notices may also be sent to the postal address above.

Waffle Corp. is also the data controller under the Privacy Policy.

2.1 Acceptance. These terms are a contract between you and us. You accept them by using the Service. If you do not agree, do not use it. No account exists, so there is nothing to sign; using the Service is the acceptance.

2.2 Age. The Service is made for adults working in or following the drinks industry. You must be at least 13 years old to use it, and at least 16 if you live in the European Economic Area, Switzerland or the United Kingdom (or your country's lower age for agreeing to online services, never below 13).

2.3 Related documents. The Privacy Policy and the Credits page are part of these terms. If they conflict, these terms win.

3.1 What it is. A public editorial intelligence site, free to read, about marketing by non-alcoholic spirits, aperitif, bitters and cocktail brands: This week, brand pages, pricing and the brief. It is compiled from public sources.

3.2 Information, not advice. NOTHING ON THE SERVICE IS INVESTMENT, FINANCIAL, BUSINESS, MARKETING, LEGAL OR OTHER PROFESSIONAL ADVICE. Campaign descriptions, trends, playbooks and early signals are editorial interpretations of public evidence. A playbook is an idea to adapt, not a proven method. You must not treat anything on the Service as a recommendation to invest in, partner with, buy from or copy any brand.

3.3 Brands and trademarks. Brand names, product names, logos and other trademarks shown on the Service belong to their owners and are used only to identify the brands and campaigns discussed. Their appearance does not mean that any brand endorses, sponsors or is affiliated with Shelf Moves, or that we endorse it. We have no affiliate programme.

3.4 Changes and availability. We may change, pause, restrict or stop any part of the Service at any time, with or without notice, and we do not promise that it will be available, accurate, complete or uninterrupted.

4.1 Other sites. Source, brand and video links take you to sites we do not control. Their terms and privacy policies apply once you are there.

4.2 Credits. Third-party sources and data providers are credited on the Credits page and beside the content they support, and remain subject to their own terms.

Do not:

1. copy, crawl, scrape or bulk-download the Service, its This week page, brand pages, pricing, brief, figures or data, by hand or by machine, beyond what a normal visit needs, or build a competing dataset from it;
2. republish our editions, summaries, analyses or compilations as your own, or present our figures as anything other than the third-party estimates they are;
3. probe, overload, attack or interfere with the Service, our hosting, our data stores or other users;
4. remove or alter any credit, notice or source attribution;
5. use the Service for any purpose that breaks the law where you are or where we are.

We may block, rate-limit or disable access for a breach of these rules or when a law, court or hosting provider requires it. Where reasonable and safe, we tell you the reason and give you a chance to respond by email.

6.1 Ours. The Service's text, design, code, editions, summaries, analyses, data compilations and the Shelf Moves name and marks are the property of Waffle Corp. or its licensors. All rights are reserved. The source code is proprietary and is not licensed by publication of the site.

6.2 Yours to do. You may view the Service, link to any page, share pages, and quote short extracts with a link and credit.

6.3 Others'. Source material, video metadata, thumbnails and search-volume data belong to their owners and providers and are used under their terms. They may not be copied from the Service.

6.4 Feedback. If you send us ideas or corrections, we may use them freely without owing you anything.

If you believe something on the Service is wrong, misattributed, or infringes your copyright, trademark or other rights, email contact@shelfmoves.com with the page link, the content concerned, your contact details and the reason. Copyright notices, including notices under the U.S. Digital Millennium Copyright Act, go to the same email address or to the postal address in section 1. We review every request and correct or remove content where it is warranted.

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SERVICE AND EVERYTHING ON IT — THIS WEEK, BRAND PAGES, PRICING, THE BRIEF, FIGURES, LINKS AND DATA — ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy, timeliness, title and non-infringement. We do not warrant that any summary, figure or attribution is correct or current, that any link works, or that the Service will be uninterrupted or error-free.

Consumers: some jurisdictions do not allow these exclusions. If you are a consumer in the EU, the UK or another place whose law gives you non-waivable rights, those rights are unaffected, and section 9.4 applies.

9.1 No indirect damages. To the fullest extent the law allows, Waffle Corp., its directors, officers, employees, contractors, licensors and providers are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost business, lost data, or the cost of substitute services, arising from or related to these terms or the Service — including a business, marketing or investment decision made or not made because of anything on the Service — however caused and under any theory of liability, even if we were told such damages were possible.

9.2 Cap. To the fullest extent the law allows, our total liability for all claims arising from or related to these terms or the Service is limited to the greater of US $100 and the amount you paid us in the 12 months before the claim arose.

9.3 Basis of the bargain. The Service is informational and priced as it is because of these limits; they are an essential part of our agreement.

9.4 What these limits never exclude. Nothing in these terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our intentional misconduct or gross negligence where the law does not allow it to be excluded, or for anything else that the law that applies to you does not allow to be excluded or limited. If you are a consumer in the EU or the UK, these limits apply only to the extent your national law permits; in particular we remain liable without limit for intent and gross negligence and for breach of essential contractual obligations to the extent of the foreseeable damage typical for an information service, and your statutory rights are unaffected.

9.5 Your own judgment. You accept that business, marketing and investment decisions are yours, made with information the Service does not have, and that the Service is one input among many.

If you are not a consumer, you will defend, indemnify and hold harmless Waffle Corp. and its directors, officers, employees and agents from claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising from your use of the Service, or your breach of these terms or the law. If you are a consumer, you are responsible under the law that applies to you for damage you cause by breaching these terms, and nothing more.

11.1 Governing law. These terms are governed by the laws of the State of Delaware, United States, and by the U.S. Federal Arbitration Act, without regard to conflict-of-law rules. If you are a consumer in the EU, the UK or another place whose mandatory consumer-protection law applies regardless of this choice, that law protects you too, and nothing here takes it away.

11.2 Talk to us first. Before starting any formal proceeding, email contact@shelfmoves.com with your name, your email, a description of the problem and what you want. We will do the same by emailing you. Both of us will try in good faith to resolve it within 60 days. Limitation periods are paused during those 60 days.

11.3 For users in the United States: binding individual arbitration.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING THE RIGHT TO GO TO COURT AND TO A JURY.

(a) Agreement to arbitrate. You and Waffle Corp. agree that any dispute, claim or controversy arising out of or relating to these terms or the Service — including its formation, existence, breach, termination, enforcement, interpretation, validity, and the scope of this clause — will be resolved by binding arbitration on an individual basis, except as stated in (b). The arbitrator, not a court, decides whether a dispute is covered, except that only a court may decide the enforceability of the class-action waiver in (e).

(b) Exceptions. Either of us may (i) bring an individual claim in small-claims court if it qualifies there, and (ii) seek an injunction or other equitable relief from a court to stop infringement or misuse of intellectual property or unauthorized access to systems. Claims for public injunctive relief under California law, where that right cannot be waived, are decided by a court after the arbitration of the individual claims.

(c) Rules and process. Arbitration is run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in force when the claim is filed (www.adr.org), as modified here. If the AAA will not administer the arbitration, another nationally recognized provider is chosen by agreement or by a court. The arbitrator applies these terms and the governing law, may award the same individual relief a court could, and must give a written decision. Hearings are by video or telephone, or in the county where you live if you prefer. Fees are allocated by the AAA rules; where those rules require us to pay, we pay, and we will not seek to recover our fees from you unless the arbitrator finds your claim frivolous. Each side pays its own attorneys' fees unless the law or the arbitrator provides otherwise.

(d) Mass arbitration. If 25 or more similar demands are filed against us by the same or coordinated counsel, (i) the AAA's Mass Arbitration Supplementary Rules apply; (ii) demands are decided in batches of 25, each by its own arbitrator, with the first batch chosen half by each side; (iii) fees for later batches are not due until the earlier batch is decided; and (iv) between batches both sides take part in a global mediation. Limitation periods are paused for claims waiting their batch.

(e) Class-action and jury waiver. You and Waffle Corp. each waive the right to a jury trial and the right to bring or take part in a class, collective, consolidated, representative or private-attorney-general action. The arbitrator may not join claims of different people or award relief to anyone but the individual claimant. If this waiver is found unenforceable for a particular claim, that claim must be decided in court, not in arbitration, and the rest of this section still applies to every other claim.

(f) 30-day opt-out. You can reject this arbitration agreement by emailing contact@shelfmoves.com with the subject "Arbitration opt-out" and your name within 30 days of first using the Service. Opting out does not affect anything else in these terms. If you opt out, 11.5 applies.

(g) Changes. If we change this section after you accept it, you may reject the change by emailing us within 30 days of the change; the version you accepted will then continue to apply to disputes that arose before the change.

(h) Severability of this section. Except as (e) states, if any part of this section is unenforceable, the rest remains in force.

11.4 For consumers in the EU, the UK and elsewhere. If you are a consumer in the European Economic Area, Switzerland, the United Kingdom, or another country whose mandatory law gives you the right to sue at home, section 11.3 does not apply to you. You may bring claims in the courts of the country where you live, and we will bring claims against you only there. Mandatory consumer law of your country applies. Alternative dispute resolution: we are not obliged to take part in, and do not take part in, dispute-resolution proceedings before a consumer arbitration body; you may still contact a consumer organization or your national ADR scheme for information.

11.5 Everyone else, and opt-outs. Any dispute not subject to arbitration, and any dispute with someone who opted out, is brought exclusively in the state or federal courts located in Delaware, and you and we consent to their jurisdiction — except that consumers may use the courts of their residence where the law gives them that right.

11.6 Time limit. Where the law allows, any claim against us must be started within one year after it arose.

12.1 Changes to these terms. We may change these terms. For material changes we show a notice on the Service at least 30 days before they take effect; smaller changes, such as wording or a new feature's section, take effect when posted with an updated date. If you do not agree, stop using the Service before the change takes effect. Using the Service after the effective date means you accept the new terms. Changes to section 11.3 follow 11.3(g). Earlier versions are available on request.

12.2 Entire agreement; severability; waiver. These terms and the documents in 2.3 are the entire agreement between you and us about the Service, and replace all earlier ones. If a provision is unenforceable, it is enforced to the extent allowed and the rest stays in force. A failure to enforce a provision is not a waiver.

12.3 Assignment. You may not transfer these terms. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets, and will say so on the Service.

12.4 No third-party beneficiaries. Nobody other than you and us has rights under these terms.

12.5 Notices. We notify you on the Service or, where you have written to us, by email. You notify us at the addresses in section 1.

12.6 Force majeure. Neither of us is liable for failing to perform because of events beyond reasonable control — including the failure of a source, a data provider or a hosting provider.

12.7 Language. These terms are written in English. A translation is for convenience; where the law does not require otherwise, the English text governs.

12.8 Survival. Sections 6, 8 to 12 and 13 survive the end of your use of the Service.

13.1 Who sells. Waffle Corp. sells every paid item, in US dollars, through Stripe's checkout or by invoice. Prices are shown on the pricing page and do not include any tax that applies. A receipt comes from Stripe.

13.2 Pro pre-orders. A Pro pre-order is charged once, for the first month ($79) or the first year ($790) of Shelf Moves Pro, which runs from the day Pro opens to you. Until then you may cancel and get a full refund at any time. If Pro has not opened to you within 12 months of your pre-order, we refund you in full without being asked. Nothing renews automatically: a later month or year is charged only if you choose it when Pro opens.

13.3 Report pre-orders. A report pre-order ($900) buys the named issue of the quarterly report. You may cancel for a full refund at any time before it is delivered. If it is not delivered by the end of the month after the month it is announced for, we refund you in full without being asked.

13.4 Pilot deposits. A pilot deposit ($1,000) reserves a start date for a scoped pilot. Before work starts we agree in writing the question, the deliverable, the date and the price ($1,000 to $2,500, the deposit counting towards it). If we do not agree a scope, the deposit is refunded in full. Once the agreed work has started the deposit is not refundable, except where the law that applies to you gives you a right to a refund.

13.5 Team. Team subscriptions are agreed by written order and invoice; the order sets the term, the seats and the renewal.

13.6 How to cancel and get a refund. Email contact@shelfmoves.com from the address you paid with, naming what you bought. Refunds go back to the original payment method within 10 working days. If you are a consumer in the EU or the UK you may also withdraw from a purchase within 14 days of making it, for a full refund.

13.7 Information, not a result. A pilot, a report or Pro gives you information and options, never a promise of sales, growth or any other commercial result (section 3).

Waffle Corp. · 2093 Philadelphia Pike, #2073, Claymont, DE 19703, United States · contact@shelfmoves.com