Terms of Service and End User License Agreement

1. Agreement

These Terms are an agreement between you and Bigote Labs LLC, a California limited liability company (“we,” “us”), covering the Wine Wine Wine app and the website winewinewine.app (together, the “Services”). If you create an account, you accept these Terms by agreeing to them at sign-up. If you use our website without an account, these Terms apply to that use. Our Privacy Policy explains how we handle your information.

These Terms are also the end user license agreement (EULA) for the app. Once they are set as the app's custom EULA in the App Store, they replace Apple's standard EULA [CONFIRM: configured for the US storefront]. When you create an account, we record the version you accepted and when.

License. We grant you a limited, non-exclusive, non-transferable, revocable license to use the app for your personal use, on Apple-branded devices you own or control, as the App Store Usage Rules permit, including use by other accounts associated with you through Family Sharing or volume purchasing where those Rules allow. We keep all other rights in the Services.

2. Eligibility

To use the Services, you must be 21 or older in the United States. Elsewhere, you must be at least 18 and old enough to legally buy or drink wine where you live, whichever age is higher. When you sign up, you confirm that you meet this requirement. We do not ask for identification.

3. The Services

Wine Wine Wine helps you keep track of wine you already own: what it is, where it's stored, when to open it, what to pair it with and what you've opened. We do not sell or deliver alcohol, and we are not a party to any purchase of wine you make. The Services are for personal, non-commercial use, unless we agree otherwise in writing (for example, with a partner winery).

4. Your account

Give accurate information, keep your sign-in secure, and tell us if you think your account has been misused. You are responsible for activity on your account.

5. Levels, subscriptions and billing

5.1 Levels. Beginner is free and holds up to 25 wines. Enthusiast, Connoisseur and Master are paid subscriptions with higher limits and more features, as described in the app. Limits count different wines, not bottles: several bottles of the same wine count once, wines you've finished don't count, and a different bottle size counts as a separate wine.

5.2 Billing. Apple bills all subscriptions under its own terms. We receive your subscription status and transaction identifiers from Apple, but never your payment card or bank details. Prices are shown in the app before you subscribe.

5.3 Renewal and cancellation. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Manage or cancel your subscription in your Apple ID settings. Deleting the app or your account does not cancel a subscription; the account-deletion screen links to your subscription settings. [CONFIRM: build that link.]

5.4 Free trial. Eligible new subscribers may be offered a free trial on annual plans, as shown when you subscribe. Apple generally allows one introductory offer per subscription group. A trial becomes a paid subscription unless you cancel at least 24 hours before it ends.

5.5 Refunds. Apple handles refunds under its policies.

6. Changing level, cancelling and lapsing

If you downgrade or cancel, the change takes effect at the end of your current paid period, and you keep your current level until then. Cancelling or downgrading does not by itself delete any of your cellar data. Once the change takes effect, your new level's limits and features apply, including pairing and valuations. Your earliest-added wines stay active up to the new limit, and you can change which wines fill those places. The rest become read-only. You can still see them and record opening them, including reducing their bottle count, but you can't otherwise edit them, add bottles to them or get new AI details for them until you're back within the limit or subscribe again. This section doesn't change what happens if you delete your account (Privacy Policy §10) or if we end the Services (§18). The allowances on Beginner, such as full detail on 5 wines and 3 pairing conversations a month, may change, and we'll give notice in the app before they do.

7. AI-generated content

The Services use artificial intelligence to identify wines from label photos and to produce tasting notes, food pairings, drink windows, descriptions and other information (“AI Content”). AI Content is generated automatically and may be inaccurate, incomplete, or wrong for your particular bottle. Check anything that matters to you, and correct a wine's details whenever they're wrong.

8. Drink windows

Drink windows, peak estimates and maturity statuses are estimates based on general knowledge of the grape, region and vintage. They are not guarantees of a wine's quality, condition, safety or drinkability at any time. Storage conditions, bottle variation and other factors affect every wine. You alone decide when to open, keep or discard a wine. To the extent the law allows, we are not liable for any outcome of following, or not following, a drink window, including wine that has spoiled, that you opened earlier or later than suggested, or that didn't meet your expectations.

9. Valuations

Estimated values (Connoisseur) are produced by our own models, using AI and public information. Market values (Master) are based on licensed market data from [CONFIRM: provider and license for consumer display, or leave market values out until a license is in place]. Values are in US dollars for the US market. They assume the bottle size recorded (750 ml if none is), sound condition and provenance, and the date shown with the value, and they exclude taxes, shipping, auction fees and other selling costs. Neither kind of value is an appraisal, an offer or a guarantee of what a wine would sell for, and neither is suitable for insurance, tax or sale decisions. Prices change and individual bottles vary.

10. No professional advice

Nothing in the Services is medical, financial, investment, tax or legal advice, or a professional appraisal. Information about wine, including drink windows, pairings and values, has the limits described in §§7–9.

11. Your content

You keep whatever rights you hold in the photos, notes, ratings and other content you add (“Your Content”). Label artwork belongs to its producer, and photos taken by other people belong to them. You give us a non-exclusive, royalty-free license to store, process and display Your Content in order to provide the Services to you, including sending it to our service providers as described in the Privacy Policy. You also give us a non-exclusive, royalty-free license to add your label photos to our shared wine catalog and show them to other users for as long as your account exists; when you delete your account, we remove them. Factual details about wines belong to no one, and we may keep them in the catalog. If you send us feedback, we may use it without obligation to you.

12. Acceptable use

Don't:

• copy, reverse-engineer or scrape the Services, except where the law or an applicable open-source license allows it;
• try to get around levels, limits or security;
• create accounts by automated means;
• upload unlawful content, or content you have no right to use;
• use the Services commercially without our written agreement;
• use the Services to break the law.

13. Partner and trial codes

Codes from partner wineries or clubs are subject to the terms shown when you redeem them. They have no cash value, cannot be transferred, and may expire.

14. Third-party services

We rely on service providers, listed in our Privacy Policy, to run the Services on our behalf, and we're responsible for how we use them. Some things you do also involve a third party directly, such as signing in with Apple or Google or buying a subscription from Apple. Those third parties' own terms apply to that use, and we're not responsible for them.

15. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR ACCURATE.

16. Limitation of liability

16.1 TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS OR WINE.

16.2 TO THE EXTENT THE LAW ALLOWS, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) US$50 AND (B) THE TOTAL AMOUNT YOU PAID FOR THE SERVICES, INCLUDING SUBSCRIPTIONS PAID THROUGH APPLE, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM. THIS IS ONE CAP FOR ALL CLAIMS TOGETHER, NOT A CAP PER CLAIM OR PER INCIDENT.

16.3 NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY LIABILITY OR REMEDY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED OR EXCLUDED.

17. Indemnity

You agree to cover our reasonable losses from third-party claims caused by content you upload unlawfully or by your intentional misuse of the Services. [COUNSEL: narrowed after review; alternatively, remove this section at launch.]

18. Ending your use

You can stop using the Services and delete your account at any time in Settings › Delete Account. Deleting your account doesn't cancel an Apple subscription (§5.3). We may suspend or end your access if you seriously or repeatedly break these Terms, or immediately where that's needed to protect the security of the Services or other users. Where practicable, we'll tell you first and give you a chance to get a copy of your data. If we discontinue the Services, we'll give reasonable notice in the app or by email, with a way to get a copy of your data. Refunds for prepaid subscriptions are handled by Apple under its policies. [COUNSEL: confirm the treatment of prepaid periods.]

19. Changes to these Terms

We'll post changes here and update the effective date. For material changes, we'll notify you in the app or by email before they take effect and, where appropriate, ask you to accept the new Terms. Where the law requires it, we'll ask your permission separately before using your data in a materially new way. For other changes, continuing to use the Services after they take effect means you accept them.

20. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in San Francisco, California, and you and we consent to their jurisdiction. This does not prevent either of us from bringing a qualifying claim in small-claims court. Nor does it remove any consumer protection, or any right to bring a claim in the courts where you live, that the law where you live gives you and that cannot be waived by agreement.

21. Apple terms

If you got the app from Apple's App Store:

• these Terms are between you and us, not Apple, and we, not Apple, are responsible for the app;
• your license is limited to Apple-branded devices you own or control, as Apple's Usage Rules allow, except that other accounts associated with you through Family Sharing or volume purchasing may use the app where those Rules permit;
• Apple has no obligation to provide maintenance or support; we provide support through the contact details in §22;
• if the app fails to conform to a warranty, you may notify Apple for a refund of the purchase price; Apple has no other warranty obligation, and, to the extent any warranty is not effectively disclaimed, we, not Apple, are responsible for any other claims, losses, liabilities, damages, costs or expenses arising from that failure;
• we, not Apple, handle any claims about the app or your use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws. If a third party claims that the app or your use of it infringes their intellectual property, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim;
• you confirm that you are not located in a country subject to a US Government embargo or designated by the US Government as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties;
• you must comply with any applicable third-party terms when using the app, such as your wireless data agreement; and Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, may enforce them against you.

22. Contact

Bigote Labs LLC · 2108 N St #14837, Sacramento, CA 95816, USA · [CONFIRM: dedicated business phone number, with monitored voicemail] · support@winewinewine.app