Terms of Service

1. Eligibility

You must be of legal drinking age in your jurisdiction (21 years of age or older in the United States) to use the Service.

By using the Service, you represent and warrant that:

1. you are at least 21 years of age or the legal drinking age in your jurisdiction, whichever is higher;
2. you have the legal capacity to enter into these Terms; and
3. your use of the Service does not violate any applicable law or regulation.

We reserve the right to suspend or terminate accounts we reasonably believe belong to individuals below the legal drinking age.

2. 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 your personal, non-commercial use.

You may not:

• sublicense, reproduce, distribute, modify, or create derivative works from the Service;
• copy or commercially exploit any portion of the Service;
• access the Service for the purpose of building a competing product or service;
• use automated systems, bots, scraping tools, or data extraction methods to access the Service;
• attempt to reverse engineer, decompile, or extract source code from the Service except where prohibited by applicable law.

All rights not expressly granted to you are reserved by the Company.

3. Intellectual Property

The Service, including all software, interfaces, designs, graphics, text, branding, trademarks, recommendation systems, personalization systems, AI systems, algorithms, compilations, and underlying technology, is owned by Cellar & Table or its licensors and is protected by intellectual property and other applicable laws.

Except as expressly permitted by these Terms, you may not use, copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any portion of the Service.

You may not use the Service or its outputs to build competing datasets, recommendation systems, personalization systems, or AI models.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

You agree to:

• provide accurate and complete account information;
• keep your login credentials secure;
• promptly notify us of any unauthorized access to or use of your account; and
• not share, transfer, or sell your account to another person.

We reserve the right to suspend or terminate accounts used fraudulently, abusively, or in violation of these Terms.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in a manner consistent with the intended purpose of a wine discovery, education, and pairing platform.

You agree not to:

• submit content that is abusive, harassing, threatening, hateful, sexually explicit, fraudulent, or otherwise harmful;
• upload content unrelated to the intended use of the Service;
• infringe the intellectual property or other rights of third parties;
• attempt to circumvent content moderation, safety systems, or usage restrictions;
• use the Service to facilitate unlawful alcohol-related activity;
• impersonate another person or misrepresent your identity;
• use the Service for spam, unsolicited commercial activity, or unauthorized advertising;
• interfere with the integrity, security, or operation of the Service;
• use the Service to build competing datasets, recommendation systems, or AI models.

We may remove content, restrict features, suspend accounts, or terminate access where reasonably necessary to protect the Service, users, or third parties.

6. User Content

You retain ownership of any content you submit to the Service, including photos, tasting notes, wine logs, cellar information, and related materials ("User Content").

By submitting User Content, you grant Cellar & Table a non-exclusive, royalty-free, worldwide license to host, store, process, reproduce, and use your User Content solely to operate, personalize, maintain, secure, and improve features of the Service.

We do not use your User Content to train generalized third-party AI models.

You represent and warrant that:

• you own or control all rights necessary to submit the User Content;
• your User Content does not violate applicable law; and
• your User Content does not infringe the rights of any third party.

We reserve the right to remove content that violates these Terms or applicable law.

7. AI Features and Limitations

The Service uses artificial intelligence and machine learning systems to provide wine identification, tasting analysis, pairing recommendations, personalization, and related features.

You acknowledge and agree that:

• AI-generated outputs are informational only;
• outputs may be inaccurate, incomplete, inconsistent, or unavailable;
• recommendations do not constitute professional sommelier, nutritional, medical, or other professional advice;
• the Service does not guarantee the availability, pricing, authenticity, vintage accuracy, allergen suitability, or suitability of any wine or pairing recommendation; and
• you are solely responsible for decisions made based on AI-generated outputs.

Use your own judgment before relying on recommendations or information provided through the Service.

8. Responsible Drinking

Cellar & Table is intended for wine appreciation, education, and discovery.

We do not encourage excessive or irresponsible alcohol consumption. Nothing in the Service should be interpreted as encouraging unsafe drinking behavior, drinking and driving, underage drinking, or consumption in situations where alcohol use is unlawful or unsafe.

If you or someone you know is struggling with alcohol misuse, seek appropriate professional support.

9. Payments and Subscriptions

Certain features of the Service require a paid subscription.

Payments may be processed by Stripe, Inc., Apple Inc., or other third-party payment providers depending on your platform and purchase method.

By purchasing a subscription, you agree that:

• subscriptions automatically renew unless canceled before the applicable renewal date;
• you may manage or cancel subscriptions through your account settings or applicable platform subscription tools;
• pricing and subscription features may change with reasonable notice;
• failure to pay may result in suspension or loss of access to paid features; and
• refunds are governed by applicable platform or payment provider policies.

For subscriptions purchased through Apple, billing and refunds are handled by Apple and governed by Apple's applicable terms and policies.

10. Service Availability, Features, and Usage Limits

We may modify, suspend, discontinue, or restrict any part of the Service at any time.

The Service relies on third-party infrastructure providers, AI providers, hosting providers, and platforms that are beyond our direct control.

We do not guarantee that the Service will always be available, uninterrupted, secure, or error-free.

We reserve the right to enforce or modify usage limits, suspend excessive usage, throttle access, or restrict features where reasonably necessary to protect the integrity, availability, security, or economics of the Service.

Where practicable, we will attempt to provide reasonable notice of material changes affecting the Service.

11. Account Termination

A. By You

You may delete your account at any time through the Service.

Account deletion is permanent and may result in the irreversible deletion of your wine logs, cellar information, taste profile, and related account data.

B. By Us

We may suspend or terminate your access to the Service where reasonably necessary to:

• enforce these Terms;
• protect the Service or other users;
• address fraud, abuse, unlawful conduct, or security concerns; or
• comply with legal obligations.

In cases involving serious misconduct or abuse, termination may occur without prior notice.

C. Subscription Effects

If your account is terminated by the Company for violation of these Terms or other misconduct, you will not be entitled to a refund for any unused portion of a subscription period, except where required by applicable law or platform policies.

Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law or platform policies.

12. Disclaimer of Warranties

13. Limitation of Liability

14. Force Majeure

We are not responsible for delays or failures resulting from causes beyond our reasonable control, including natural disasters, acts of God, war, terrorism, labor disputes, internet outages, infrastructure failures, governmental actions, cyberattacks, or failures of third-party service providers.

15. Dispute Resolution and Arbitration

A. Informal Resolution

Before initiating formal proceedings, you agree to contact us at privacy@thecellarandtable.com and provide thirty (30) days for the parties to attempt informal resolution.

B. Binding Arbitration

Except where prohibited by applicable law, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its applicable rules.

The arbitration shall take place in Illinois unless otherwise required by applicable law.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

C. Class Action Waiver

You and the Company agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

The arbitrator may not consolidate claims or preside over any class or representative action.

D. Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief related to intellectual property infringement, misuse of confidential information, fraud, or unauthorized access to the Service.

E. Jurisdictional Limitations

Some jurisdictions may not permit certain arbitration or class action waiver provisions. In those jurisdictions, portions of this section may not apply to you.

16. Governing Law

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

To the extent a dispute is permitted to proceed in court, you agree to the exclusive jurisdiction of the state and federal courts located in Illinois.

17. Changes to These Terms

We may update these Terms from time to time.

When material changes are made, we may provide notice through the Service, by email, or through other reasonable means.

Your continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to updated Terms, you must stop using the Service and discontinue your account.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and Cellar & Table regarding the Service and supersede all prior agreements, understandings, and communications relating to the Service.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

19. Contact

For questions regarding these Terms, contact:

privacy@thecellarandtable.com