1. Acceptance of Terms
Welcome to Winebuddy. These Terms of Service ("Terms") govern your access to and use of the Winebuddy website (trywinebuddy.com), mobile application, and related services (collectively, the "Service"), operated by Winebuddy ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
2. Eligibility
Age Requirement: You must be of legal drinking age in your jurisdiction to use the Service. In the United States, you must be at least 21 years old. By using the Service, you represent and warrant that you meet this requirement.
The Service is not intended for use by individuals under the legal drinking age, and we do not knowingly collect data from such individuals.
3. Account Registration
To access certain features, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Be responsible for all activities under your account
We reserve the right to suspend or terminate accounts that violate these Terms.
4. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any laws
- Impersonate any person or entity
- Upload or transmit viruses, malware, or harmful code
- Attempt to gain unauthorized access to the Service or its systems
- Reverse engineer, decompile, or disassemble any portion of the Service
- Scrape, crawl, or use automated tools to access the Service
- Interfere with or disrupt the Service
- Use the Service to promote excessive or irresponsible alcohol consumption
- Submit false, misleading, or harmful content
- Violate the intellectual property rights of others
6. Responsible Drinking
Winebuddy is dedicated to wine education and appreciation. We promote responsible consumption of alcohol. The Service is not intended to encourage excessive drinking. If you or someone you know is struggling with alcohol use, please contact a qualified professional or visit aa.org or samhsa.gov.
7. User-Generated Content
You retain ownership of content you submit to the Service ("User Content"), including wine ratings, notes, and photos. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, modify, and display the User Content in connection with operating and improving the Service.
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not violate any third-party rights
- Your User Content complies with these Terms and applicable laws
8. Intellectual Property
The Service and its original content, features, and functionality (including software, design, text, graphics, logos, and trademarks) are owned by Winebuddy and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
9. Wine Information Disclaimer
Wine recommendations, tasting notes, and pairings provided through the Service are for informational and educational purposes only. We make no warranties about the accuracy, completeness, or suitability of any wine information. Individual taste preferences vary, and we are not responsible for your personal experience with any wine.
10. Subscriptions and Purchases
Certain features of the Service may require payment. If we offer subscription plans:
- Subscription fees are billed in advance on a recurring basis
- Subscriptions auto-renew unless canceled before the renewal date
- You may cancel at any time, but no refunds will be given for partial periods
- We reserve the right to change pricing with reasonable notice
Apple App Store Purchases: Purchases made through the Apple App Store are subject to Apple's terms. Cancellations and refunds for App Store subscriptions must be processed through your Apple ID account settings.
11. Apple App Store Terms
If you download the Winebuddy app from the Apple App Store, the following additional terms apply:
- Acknowledgement: These Terms are between you and Winebuddy, not Apple. Apple is not responsible for the App or its content.
- Scope of License: Your license is limited to use of the App on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
- Maintenance and Support: Winebuddy is solely responsible for providing maintenance and support services. Apple has no obligation to provide any maintenance or support.
- Warranty: Winebuddy is solely responsible for any product warranties. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligations.
- Product Claims: Winebuddy, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to applicable legal requirements, and consumer protection claims.
- Intellectual Property: Winebuddy, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims relating to the App.
- Legal Compliance: You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
- Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you as a third-party beneficiary.
12. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WINEBUDDY, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE.
Our total liability to you for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) one hundred U.S. dollars ($100).
15. Indemnification
You agree to indemnify, defend, and hold harmless Winebuddy and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another.
16. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.
17. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
17.1 Arbitration
Any disputes between you and Winebuddy will be resolved through binding arbitration, except that you may bring claims in small claims court if eligible. You waive any right to participate in a class action.
18. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.
19. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
20. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Winebuddy regarding the Service and supersede all prior agreements.
21. Contact Us
If you have any questions about these Terms, please contact us at:
Winebuddy
Email: nick@trywinebuddy.com
Website: trywinebuddy.com