Legal

Terms

LAST UPDATED · June 25, 2026

1. Acceptance

By accessing or using the sommelai mobile application (the “App”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the App.

These Terms constitute a legally binding agreement between you and SommelAI, LLC (“sommelai,” “we,” “us,” “our”).

2. Eligibility

You must be at least 21 years old to use the App.

When using the App as an anonymous user, you must confirm that you are at least 21 years old. When creating an account, you must provide your date of birth, and the App will verify that you are at least 21.

Providing a false date of birth to circumvent age restrictions is a violation of these Terms and grounds for immediate termination of your account.

3. Account Terms

a. Account Creation

You may use the App anonymously with limited functionality, or create an account for full access. Accounts may be created using:

  • Email address and password
  • Apple Sign-In

When creating an account, you must provide accurate and complete information, including your real date of birth.

b. Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

  • Use a strong, unique password for email accounts
  • Not share your account credentials with others
  • Notify us immediately at support@thesommelai.com if you suspect unauthorized access

We are not liable for losses arising from unauthorized use of your account.

c. One Account Per Person

You may maintain only one account. Creating multiple accounts to circumvent usage quotas or for any other purpose is prohibited and grounds for termination of all associated accounts.

d. Account Termination

We may suspend or terminate your account at any time, with or without cause or notice. You may request deletion of your account by emailing support@thesommelai.com.

Upon termination:

  • Your right to use the App ceases immediately
  • Your data will be handled according to our Privacy Policy
  • Sections of these Terms that by their nature should survive (including Sections 6, 9, 10, 11, and 12) will survive

4. Informational Use Only

The App provides informational wine discovery and recommendation content only.

  • Recommendations are AI-generated suggestions, not guarantees of quality, availability, or suitability
  • We do not provide professional, medical, legal, or health advice
  • You are solely responsible for your purchasing decisions and consumption choices
  • Wine availability, pricing, and characteristics may differ from information shown in the App

We do not sell alcohol, do not encourage excessive alcohol consumption, and assume no responsibility for user behavior related to alcohol. You acknowledge that the consumption of alcohol carries inherent risks, and you assume full responsibility for any decision to purchase or consume alcohol.

Please drink responsibly and in accordance with applicable laws.

5. Features and Usage Limits

The App’s features and usage limits may change at any time. Current limits include:

  • Anonymous users: 3 lifetime AI-powered actions (menu scans and pairing requests combined)
  • Account holders: 10 AI-powered actions per day

Features may be added, modified, or discontinued without notice. We are not obligated to maintain any specific feature or functionality.

6. User Content

You retain ownership of content you submit to the App (“User Content”), including:

  • Menu images and bottle label photos
  • Wine reviews, ratings, and comments
  • Cellar inventory entries
  • Taste preferences and free-text inputs
  • Restaurant and venue names

By submitting User Content, you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, store, reproduce, modify, create derivative works from, analyze, and otherwise process such content for purposes including:

  • Operating and improving the App
  • Training, improving, and developing our models and services
  • Generating aggregated and anonymized insights
  • Commercializing our services

This license survives termination of your account or these Terms.

You represent and warrant that:

  • You own or have the necessary rights to submit your User Content
  • Your User Content does not infringe any third-party rights
  • Your User Content complies with these Terms and applicable law

Content Moderation

We are not obligated to monitor User Content, but we reserve the right to review, remove, or disable access to any User Content at any time, with or without notice, if we believe it violates these Terms, infringes the rights of others, or is otherwise objectionable. We are not responsible for User Content submitted by users.

If you believe content in the App infringes your copyright, send a notice to support@thesommelai.com with the subject line “DMCA Notice” that includes:

  • Your physical or electronic signature
  • Identification of the copyrighted work claimed to be infringed
  • Identification of the material claimed to be infringing and its location in the App
  • Your contact information (address, telephone number, email)
  • A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf

We will review valid notices and may remove infringing material and terminate the accounts of repeat infringers.

7. Prohibited Use

You agree not to:

  • Provide false information, including a false date of birth
  • Create multiple accounts or circumvent usage quotas
  • Submit unlawful, harmful, misleading, defamatory, or infringing content
  • Attempt to reverse engineer, decompile, disassemble, or derive source code from the App
  • Interfere with or disrupt App operation, servers, or infrastructure
  • Use the App for any commercial purpose without our prior written consent
  • Scrape, harvest, or collect data from the App through automated means
  • Systematically collect or redistribute wine pricing or availability data
  • Attempt to bypass security measures or access other users’ data
  • Use the App to violate any applicable law or regulation

8. Intellectual Property

All intellectual property rights in the App, including software, design, trademarks, logos, and content (excluding User Content), are owned by us or our licensors.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the App without our prior written consent.

“sommelai,” the sommelai logo, and related marks are trademarks of SommelAI, LLC, whether registered or unregistered. You may not use them without our prior written permission.

9. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The App will be uninterrupted, error-free, or secure
  • AI-generated recommendations will be accurate, suitable, or available
  • Menu or label data extracted by the App will be complete or correct
  • Defects will be corrected
  • The App will meet your requirements

YOUR USE OF THE APP IS AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

  • Your use of or inability to use the App
  • Any content or recommendations provided through the App
  • Unauthorized access to or alteration of your data
  • Any third-party conduct or content
  • Any other matter relating to the App

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), EXCEPT WHERE SUCH LIMITATION IS NOT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

  • Your use of the App
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of any applicable law or regulation

12. Arbitration and Governing Law

a. Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the App (“Dispute”) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration shall take place in the State of Colorado or, at your election, by telephone, video conference, or online. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

b. Class Action Waiver

YOU AND WE AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER AS A PLAINTIFF, CLASS MEMBER, OR OTHERWISE.

c. Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@thesommelai.com within 30 days of first using the App. Your notice must include sufficient information to identify your account (such as your email address or Account ID). If you opt out, you may pursue Disputes in court, subject to applicable jurisdictional requirements.

d. Exceptions

Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

e. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws principles.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other reasonable means. The “Last updated” date at the top indicates when the Terms were last revised.

Continued use of the App after changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

14. General Provisions

a. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.

b. Severability

If any provision of these Terms is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

c. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

d. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

e. Third-Party Beneficiaries

Except as provided in the Apple App Store section, these Terms do not create any third-party beneficiary rights.

15. Apple App Store

If you download the App from the Apple App Store, the following additional terms apply. You acknowledge and agree:

  • Relationship. These Terms are between you and SommelAI, LLC only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
  • License scope. Your license to use the App is a limited, non-transferable license to use it on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple App Store Terms of Service.
  • Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
  • Warranty. We are solely responsible for any product warranties, whether express or implied to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  • Claims. We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
  • Intellectual property. In the event of any third-party claim that the App or your use of it infringes that party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed 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 upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Contact

Questions or concerns about these Terms:

support@thesommelai.com

Document Version: 2.0