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(855) 423-4448

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Why do I have to pay a start-up fee?

For a limited time, there is no start up fees with 2-year agreements

Who Owns My Data?

Protect your most valuable asset

You do! Unlike Tock and many of low-cost reservation services that claim to be like CellarPass, we do not rent, sell, lease or market to your guests.

Expansion Modules

No other guest management platform offers more integration options

Connect CellarPass to popular CRM and eCommerce platforms, delivering a powerful CRM solution. View certified partners

Step 1

Company Information
Step 2

Billing Information
Step 3

Confirmation

Company Information

Country / Region

Business Name

Business Category

Business Contact Email

First Name

Last Name

Business Address 1

Business Address 2

Business City

Business State/Territory

Postal Code

Business Phone

Website URL

Business Region

Business Subregion

Reasons for joining CellarPass (select at least one)

We require reservations

To pre-charge our bookings

Provide a better guest experience

Need better reporting

Automate our schedule

More tasting room visitors

Track walk-ins

Need table and server management

Require contact tracing

Curbside pickup

Sell tickets online

I certify that I am an authorized agent of the company and have read and agree to the Service Agreement, the Privacy Policy and the Acceptable Use Policy and authorize CellarPass to charge my credit card on file for services provided.

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Electronic Signature Terms

Terms of Use

NO WARRANTIES, NO SUPPORT
THE CELLARPASS PLATFORM AND SERVICE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MAXIMUM EXTENT REQUIRED BY APPLICABLE LAW, CELLARPASS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICEAND CELLARPASS PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, CELLARPASS DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE PLATFORM OR SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICEAGREEMENT DOES NOT ENTITLE YOU TO ANY SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM CELLARPASS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SERVICEAGREEMENT.
LIMTATION OF LIABILITY
THE SERVICEIS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT CELLARPASS SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE PLATFORM OR SERVICE OR THE CELLARPASS PLATFORM. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL CELLARPASS OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF CELLARPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICEAGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO CELLARPASS AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, CELLARPASS’ MAXIMUM LIABILITY UNDER THIS API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00.
LIMITED RELATIONSHIP
CellarPass and you are, and will remain, independent contractors, and nothing in the Platform TOS will be construed as creating an employer-employee relationship, partnership or joint venture. You do not have any authority of any kind to bind CellarPass in any respect whatsoever. You agree not to make any public statements about CellarPass, information provided by CellarPass’ API, or your relationship with CellarPass under this agreement, without the prior written consent of CellarPass, which CellarPass may grant or withhold in its sole discretion. You further agree to not imply a different kind of relationship between you and CellarPass, including any implied endorsement of your content, products, or services by CellarPass.
CHOICE OF LAW AND ARBITRATION
(a) Any claim, controversy or dispute arising out of or relating to the Platform TOS ("Claim") will be governed by California law consistent with the Federal Arbitration Act without regard to conflict of law provisions or giving effect to any principles that may provide for the application of the laws of another jurisdiction. (b) All Claims must be exclusively resolved and settled by final and binding arbitration administered by and in accordance with the rules of the American Arbitration Association ("AAA") and before a single arbitrator who is a member of the AAA. Arbitrations will be held in Napa, California, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitrator will issue a ruling in writing, and will detail all findings of fact and law upon which the ruling was made. The arbitrator will not have the power to commit errors of law or legal reasoning, and the ruling may be vacated or corrected on appeal to a court of competent jurisdiction for such errors. The arbitrator's ruling will otherwise be final and binding on all parties, and may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, any dispute as to the enforceability of this arbitration provision or its applicability to a specific Claim shall be adjudicated by a state or federal court located within San Francisco County, California ("Court"), and not by an arbitrator. (c) YOU AND CELLARPASS AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and CellarPass agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding. If a Claim implicates this subsection (c), and this subsection (c) is found to be invalid, unenforceable or illegal by a Court, such Claim must be adjudicated by a Court and not by an arbitrator.
MISCELLANEOUS
The Platform TOS encompasses the entire agreement between you and CellarPass regarding the subject matter discussed therein. Any terms or conditions which are in addition to or different from those contained in or added by way of interlineation to this Platform TOS as originally provided or made available to Partner by CellarPass which are not separately expressly agreed to in writing by both parties are deemed material and are hereby objected to and rejected by CellarPass. The failure of CellarPass to exercise or enforce any right or provision of the Platform TOS will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the Platform TOS is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining Platform TOS will otherwise remain in full force and effect and enforceable. The Platform TOS is not assignable, transferable or sub licensable, in whole or in part, by you except with CELLARPASS’ prior written consent. CellarPass may assign the Platform TOS, in whole or in part, at any time with or without notice to you. Any attempt to do so is void. The section titles in the Platform TOS are for convenience only and have no legal or contractual effect.
PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION
As between you and CellarPass, CellarPass content, CellarPass brand features, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of CellarPass and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the Platform TOS will you attempt to register any trademarks (including domain names) that are confusingly similar in any way to CellarPass’ marks. Confidential Information. Each party and their respective affiliates, directors, officers, employees, authorized representatives, agents and advisors (including attorneys, accountants, consultants, bankers and financial advisors) shall keep confidential all information concerning the other party's proprietary business procedures, present and future products, services, operations, marketing materials, fees, technology, policies or plans of the other party that is received or obtained during the negotiation or performance of the Platform TOS, whether such information is oral or written, and whether or not labeled as confidential by such party (collectively "Confidential Information"). Use of Confidential Information. For as long as Confidential Information of the disclosing party is in possession of the receiving party, the receiving party shall take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the use, duplication or disclosure of Confidential Information other than in accordance with this Platform TOS. Each party may disclose Confidential Information of the other party to its employees or agents who are directly involved in negotiating or performing this Platform TOS and who are apprised of their obligations under this Section and directed by the receiving party to treat such information confidentially, or as required by law or by a supervising regulatory agency of a receiving party. Neither party shall disclose, share, rent, sell or transfer to any third party any Confidential Information of the other party except as expressly permitted by this Platform TOS. The receiving party shall use Confidential Information of the other party only as necessary to perform this Platform TOS. Exceptions. Notwithstanding anything to the contrary, the obligations of the receiving party set forth in this Section 6 shall not apply to any information of the disclosing party that: (a) is or becomes a part of the public domain through no wrongful act of the receiving party; (b) was in the receiving party’s possession free of any obligation of confidentiality at the time of the disclosing party’s communication thereof to the receiving party; (c) is developed by the receiving party completely independent from the Confidential Information of the disclosing party; or (d) is required by law or regulation to be disclosed, but only to the extent and for the purpose of such required disclosure after providing the disclosing party with advance written notice if reasonably possible such that the disclosing party is afforded an opportunity to contest the disclosure or seek an appropriate protective order. Remedies. Upon the request of the disclosing party following the termination of this Platform TOS, the other party shall promptly return all Confidential Information of the disclosing party in its possession, and shall promptly destroy such materials containing such information (and any copies, extracts, and summaries thereof) and shall further provide the other party with written confirmation of such return or destruction upon written request. In the event a party discovers that Confidential Information of the other party has been used in an unauthorized manner or disclosed in violation of this Section, the party discovering the unauthorized use or disclosure shall promptly notify the other party of such event. In addition, the non-disclosing party shall be entitled to all other remedies available at law or equity, including injunctive relief.
TERMINATION
CellarPass reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, (a) to change, suspend or discontinue the Service and/or (b) suspend or terminate the Platform TOS with you. Partner may terminate the Platform TOS at any time by providing no less than one hundred and eighty (180) days prior written notice to CellarPass of its intention to terminate. Any termination of the Platform TOS will also immediately terminate the licenses granted to you hereunder. Such change, suspension or termination of the Platform or Service may cause your existing services using the Service to stop functioning properly. Upon any termination of the Platform TOS, Partner will promptly delete and remove all calls to the Service from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the Platform or Service; and you will promptly certify in writing to CellarPass that such actions have been taken.
INDEMINITY
You agree that your use of the Platform or Service is at your own risk and you agree to hold harmless, defend (subject to CELLARPASS’ right to participate with counsel it selects) and indemnify CellarPass and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to (i) your unauthorized or unanticipated use or implementation of the Platform or Service, (ii) any information provided by the Merchants or Partner to CellarPass, (iii) any statements, representations or warranties related to Partner Services, (iv) claims or assertions that the Partner Services infringe the intellectual property rights of any third party, and (v) fee amounts paid by CellarPass to Partner which were subsequently not paid to the Merchant or proper tax authority. You will not agree to any settlement that imposes any obligation on CellarPass without CELLARPASS’ prior consent.

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sales@cellarpass.com

(855) 423-4448
50 California Street
Suite 1500
San Francisco, CA 94111

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