Terms of Service

1. Acceptance of Terms

By accessing and using the Palate Pack website and services ("Services"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Services

Palate Pack provides professional beverage co-packing services, including but not limited to:

• Alcoholic and non-alcoholic beverage production
• Product formulation and development
• Packaging and labeling services
• Quality control and compliance management
• Brand consultation and support services

3. User Accounts and Registration

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

4. Service Terms and Conditions

4.1 Production Services

• All production services are subject to capacity and scheduling availability
• Minimum order quantities may apply to certain services
• Production timelines are estimates and may vary based on complexity and regulatory requirements
• Changes to approved formulations may require additional testing and regulatory review

4.2 Quality Standards

• All products must meet FDA and applicable regulatory standards
• Customers are responsible for providing accurate formulation information
• Palate Pack reserves the right to reject formulations that do not meet safety or quality standards
• Certificate of Analysis (COA) will be provided for all finished products

5. Payment Terms

• Payment terms are typically Net 30 days unless otherwise agreed in writing
• Deposits may be required for new customers or large orders
• Late payment fees may apply to overdue accounts
• Prices are subject to change with 30 days written notice
• All payments are due in US Dollars

6. Intellectual Property Rights

6.1 Customer IP

Customers retain ownership of their brand names, trademarks, formulations, and proprietary information. Palate Pack agrees to maintain confidentiality of all customer proprietary information.

6.2 Palate Pack IP

All content on this website, including text, graphics, logos, images, and software, is the property of Palate Pack and protected by copyright and other intellectual property laws.

7. Prohibited Uses

You may not use our Services:

• For any unlawful purpose or to solicit others to unlawful acts
• To violate any international, federal, provincial, or state regulations or laws
• To infringe upon or violate our intellectual property rights or the rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code

8. Limitation of Liability

To the fullest extent permitted by applicable law, Palate Pack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Services.

Our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you to Palate Pack in the twelve (12) months preceding the claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless Palate Pack and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any claim that your formulation or product caused harm to a third party

10. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice, for any reason, including but not limited to a breach of the Terms.

Upon termination, your right to use the Services will cease immediately. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Force Majeure

Palate Pack shall not be liable for any failure or delay in performance under this agreement which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions, or other similar cause beyond our reasonable control.

12. Governing Law

These Terms shall be interpreted and governed by the laws of the State of Rhode Island, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Rhode Island.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

14. Contact Information

Questions about the Terms of Service should be sent to us at:

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16. Entire Agreement

These Terms constitute the entire agreement between you and Palate Pack regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements.