TERMS OF SERVICE
Effective Date: 01/12/2025
Last Updated: 01/12/2025
Governing Jurisdiction: Poland
1. Acceptance of Terms
By downloading, installing, accessing, or using the WineFoo mobile application ("App"), you ("User," "you," or"your") agree to be bound by these Terms & Conditions ("Terms").
These Terms constitute a binding legalagreement between you and WineFoo.
If you do not agree to these Terms in their entirety, you must immediately uninstall and cease using the App.
2. Age Verification & Legal Drinking Age Requirement
CRITICAL REQUIREMENT:
You must be of the legal drinking age in your country, state, province, orregion of residence to use this App.
By proceeding beyond this screen and downloading or using the App, you explicitly confirm and represent that:
1. You are of legal drinking age in your jurisdiction of residence
2. You understand this App provides recommendations for alcoholic beverages
3. You will consume alcohol only in accordance with all applicable federal, state, local, and international laws
4. You will not provide this App or its recommendations to anyone under the legal drinking age
5. You accept all responsibility for your alcohol consumption
If you do not meet these requirements, you must uninstall the App immediately.
WineFoo disclaims all liability for misuse of the App by minors or for violations of age-related laws.
3. Description of Service
WineFoo is a mobile application that provides wine pairing recommendations based on food-related selections you input into the App.
IMPORTANT LIMITATIONS:
Recommendations are suggestions only and not guarantees
Recommendations are based on general wine pairing principles and sommelier knowledge
Wine pairing is inherently subjective and varies by individual taste preferences
Recommendations may not suit your personal preferences, dietary requirements, or circumstances
We make no representations about the availability, quality, or suitability of recommended wines we do not warrant that recommendations will be accurate or that recommended wines will be available in your region
3.1 Guest Access
You can use WineFoo entirely as a guest without creating an account.
As a guest, you can:
- Access the app and browse basic features
- Make one (1) wine pairing recommendation per twenty-four (24) hour period
- Purchase a premium subscription without signing up
Premium features will unlock immediately upon purchase
There is no account creation required to use WineFoo.
3.2 Optional Account Creation (Coming Soon)
In the future, we will offer optional WineFoo account creation (with username/password) to enable:
Restoring premium purchases on new devices
Syncing your wine pairing history across devices
Accessing exclusive features and updates (planned for future releases)
Account creation will always remain OPTIONAL. You can continue to use WineFoo with just Google/Apple authentication if you prefer.
4. User Authentication & Account Responsibility
4.1 Authentication Method:
You access the App using your Google Play or Apple App Store credentials. You do not create a separate WineFoo account at this time. Authentication is handled directly by Google or Apple - not by WineFoo. Your credentials are secure and WineFoo never stores your passwords.
Note: In the future, optional WineFoo account creation will be available for restore/sync benefits.
4.2 Your Responsibilities
You are solely responsible for maintaining the confidentiality of your Google/Apple account credentials
You are solely responsible for all activity that occurs under your authenticated session
You agree to immediately notify us at kellerkollektiv@gmail.com if you believe your account has been compromised
4.3 Google and Apple, not WineFoo, control your authentication
If your Google/Apple account is terminated, you will lose access to the App and any premium subscription
Your WineFoo account (created via Google/Apple authentication) will also be inaccessible
5. Subscription Services & Pricing
5.1 Service Tiers
Free Version (Guest Access): Limited to one (1) wine pairing recommendation per twenty-four (24) hour rolling period
Access to basic wine pairing features
No cost
No account creation required
Premium Subscription:
Unlimited wine pairing recommendations per day
Access to additional wine information and detailed tasting notes
Monthly subscription fee: $2.99 USD (or equivalent in your local currency) plus applicable sales tax
Automatic monthly renewal
IMPORTANT: Guest users can purchase Premium without creating an account. No sign-up required to buy or use premium features. Premium is available to both guest users and account holders (when available)
5.2 Pricing Changes
WineFoo reserves the right to change subscription pricing with 30 days' notice
Changes apply to new subscribers and at the next billing cycle for existing subscribers
Continued use of the App after price changes constitutes acceptance of new pricing
6. Payment Processing & Billing
6.1 Payment Processor & Merchant of Record CRITICAL:
WineFoo does not directly process, collect, store, access, or handle any payment information. All subscription payments are processed exclusively by: Apple App Store (for iOS devices), OR Google Play Store (for Android devices) Apple and Google are the Merchants of Record for all transactions. They are solely and exclusively responsible for:
Processing and authorizing all payments
Storing and securing payment methods and financial data
Issuing receipts and payment confirmations to you
Handling billing disputes, chargebacks, and payment failures
Determining refund eligibility and processing refunds
Complying with payment-related laws and regulations
6.2 Billing Cycle & Charges
Your subscription renews automatically every thirty (30) calendar days
You will be charged on the anniversary of your subscription start date If your billing date falls on a day that doesn't exist in a given month (e.g., 31st), you will be charged on the last day of that month
Charges will appear on your statement from "Apple App Store" or "Google Play Store" - not from WineFoo
6.3 Cancellation & Subscription Management
You control your subscription through your device's app store settings:
For iOS (Apple): Open Settings → [Your Name] → Subscriptions → WineFoo → Cancel Subscription
Full instructions: https://support.apple.com/en-us/HT202039
For Android (Google Play): Open Google Play Store → Menu → Subscriptions → WineFoo → Cancel
Full instructions: https://support.google.com/googleplay/answer/7018481
Important: Cancellation must be completed through the app store itself. WineFoo cannot cancel subscriptions on your behalf.
6.4 Cancellation Effective Date
Cancellation takes effect at the end of your current billing period
You retain access to premium features until the end of your current billing cycle
After your current period ends, your account automatically reverts to the free version
6.5 Refunds & Refund Policy
No refunds are available for partial subscription periods or unused portions of your subscription. If you cancel mid-month, no refund will be issued
If you accidentally renewed, contact Apple or Google directly - WineFoo cannot issue refunds Refund eligibility is determined exclusively by Apple or Google per their refund policies
Important: WineFoo has no ability to:
Issue refunds
Override refund decisions
Modify refund policies
Process payment disputes
6.6 Billing Disputes & Payment Issues
For all billing, payment, refund, or charge-related inquiries, contact the app store directly:
Apple App Store Support: https://support.apple.com/
Google Play Support: https://support.google.com/googleplay/
WineFoo cannot:
Access or view your payment information
Modify, cancel, or adjust your subscription
Issue, deny, or process refunds
Resolve payment disputes
Address billing errors or duplicate charges
Provide payment-related customer support
7. Acceptable Use Restrictions
You agree that you will NOT:
1. Use the App for any illegal, unlawful, or prohibited purpose
2. Violate any applicable federal, state, local, or international laws
3. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
4. Modify, adapt, translate, or create derivative works based on the App
5. Share your account credentials or allow others to use your account
6. Use automated systems, bots, scraping tools, or other non-human access methods
7. Attempt to gain unauthorized access to the App or its systems
8. Interfere with the App's functionality, security, or infrastructure
9. Exploit any technical vulnerabilities
10. Upload or transmit viruses, malware, or other harmful code
11. Harass, abuse, defame, or harm other users
12.Conduct any illegal activity through the App
13. Use the App in any way that could damage, disable, or impair it
Violations of these restrictions may result in immediate account termination and legal action.
8. Intellectual Property Rights
8.1 WineFoo's Intellectual Property
All content, features, and functionality of the App are the exclusive property of WineFoo, including but not limited to:
Wine pairing recommendations and algorithms
Sommelier knowledge and expertise
App design, graphics, and visual identity WineFoo branding, logo, and trademarks
All source code and technical infrastructure
All written content and descriptions
All rights are reserved. You may not reproduce, distribute, modify, create derivative works from, or otherwise exploit any content without explicit written permission.
8.2 Your Limited License
WineFoo grants you a limited, non-exclusive, non-transferable license to:
Download the App on compatible devices you own or control
Use the App for personal, non-commercial purposes only
View and interact with content within the App
This license is revocable at any time.
8.3 Your Content
Any data you input (wine selections, preferences) remains your property
By using the App, you grant WineFoo a non-exclusive, royalty-free license to use, analyze, and display aggregated, anonymized usage data for service improvement and analytics
9. Wine Pairing Disclaimers & Limitations
9.1 Recommendations Are Suggestions Only
All wine pairing recommendations provided by WineFoo are SUGGESTIONS ONLY.
They are:
Not binding or mandatory
Based on general wine pairing principles
Subject to individual taste preferences
Not guaranteed to suit your specific situation
9.2 Subjectivity of Wine Pairing
Wine pairing is inherently subjective. Taste preferences vary dramatically between individuals. A wine recommended by WineFoo may not:
Appeal to your personal taste
Be suitable for your occasion
Match your budget or preferences
Be available in your region
Satisfy your expectations
WineFoo makes no warranty that recommendations will meet your expectations or preferences.
9.3 Health & Medical Disclaimers
WINE RECOMMENDATIONS ARE NOT MEDICAL ADVICE.
If you have any of the following, consult your healthcare provider BEFORE consuming alcohol:
Alcohol-related health conditions or disorders
Medications that interact with alcohol
Pregnancy or nursing
Mental health conditions
Liver disease or kidney disease
Any other health concerns WineFoo assumes no responsibility for adverse health effects from alcohol consumption.
9.4 Responsible Consumption
You accept sole responsibility for consuming alcohol responsibly
You agree to comply with all local, state, and international alcohol consumption laws
You acknowledge the risks associated with alcohol consumption, including impaired judgment and addiction WineFoo is not responsible for any consequences of alcohol consumption
9.5 Age Compliance
You confirm:
You will not provide this App to anyone under the legal drinking age
You will not use this App to encourage underage drinking
You are solely responsible for ensuring age-appropriate use
10. Limitation of Liability & Disclaimers
10.1 As-Is Provision
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.
WineFoo makes no warranty, representation, or guarantee regarding:
The accuracy or suitability of wine pairing recommendations
The availability of recommended wines in your region
The quality or characteristics of recommended wines
The error-free or uninterrupted operation of the App Fitness for a particular purpose Merchantability or non-infringement
10.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: WineFoo, its parent companies, subsidiaries, and their respective officers, directors, employees, and agents shall NOT be liable for:
1. Direct Damages: Any direct, indirect, incidental, special, consequential, or punitive damages
2. Lost Profits: Loss of revenue, profit, business opportunity, or expected savings
3. Personal Damages: Personal injury, property damage, or emotional distress
4. Third-Party Claims: Claims arising from third-party actions or disputes
5. App Failures: Errors, interruptions, bugs, or technical failures in the App
6. Wine-Related Issues: Quality of wines, taste preferences, availability, or suitability
7. Financial Losses: Any financial loss related to wine purchases or dining experiences
8. Data Loss: Loss or corruption of personal data
10.3 Liability Cap
Your total aggregate liability against WineFoo shall not exceed the amount you paid for your subscription in the twelve (12) months immediately preceding your claim. Some jurisdictions do not allow limitation of liability. This limitation may not apply to you, and you may have additional rights.
10.4 Third-Party Content
WineFoo is not responsible for:
Third-party websites or services linked from the App
Third-party app store policies or practices
Content provided by Apple or Google
11. Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WINEFOO DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties regarding the accuracy, completeness, or timeliness of recommendations
Warranties regarding uninterrupted or error-free operation
Warranties that the App will meet your expectations or requirements
12. Termination & Account Suspension
12.1 Termination by You
You may terminate your use of the App at any time by uninstalling it from your device and cancelling your subscription (if applicable) through your app store settings. To permanently delete your WineFoo account and associated data, see our Account Deletion Policy at kellerkollektiv.com/winefoo-delete
12.2 Termination by WineFoo
WineFoo may suspend or terminate your access immediately, without notice or liability, if:
You violate these Terms
You use the App for illegal purposes
You attempt to harm the App or other users
You breach any provision of these Terms
We determine, in our sole discretion, that termination is necessary
12.3 Effects of Termination
Upon termination:
Your right to use the App ceases immediately
Access to premium features is revoked
No refund of subscription fees will be issued (see Section 6.5)
These Terms survive termination
13. Changes to Terms of Service
13.1 Right to Modify
WineFoo reserves the right to modify these Terms at any time, at our sole discretion.
13.2 Notice of Changes
Changes will be posted in the App The "Last Updated" date will be updated
For material changes, we will provide notice within the App Material changes will be effective thirty (30) days after posting
13.3 Your Acceptance
Continued use of the App after changes constitutes your acceptance of the modified Terms. If you do not accept changes, you must uninstall the App.
14. Governing Law & Jurisdiction
14.1 Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Poland, without regard to conflict of laws principles.
14.2 Jurisdiction & Dispute Resolution
Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Poland.
You irrevocably agree to:
Submit to the jurisdiction of Polish courts
Venue in Poland for all disputes
Waive any objection to venue or forum
14.3 Dispute Resolution
Before pursuing legal action, you agree to attempt to resolve disputes informally by contacting WineFoo at kellerkollektiv@gmail.com.
15. Prohibited Jurisdictions
The App is not intended for use in jurisdictions where it is prohibited by law. If the App is prohibited in your jurisdiction, you must not use it.
16. Severability
If any provision of these Terms is found to be invalid, illegal, unenforceable, or contrary to public policy, that provision will be severed, and the remaining provisions will continue in full force and effect to the maximum extent permitted by law.
17. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and WineFoo regarding your use of the App and supersede all prior negotiations, understandings, and agreements, whether written or oral.
18. No Waiver
If WineFoo fails to enforce any right, provision, or remedy under these Terms, that failure does not constitute a waiver of that right, provision, or remedy.
19. Severability of Clauses
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.
20. Contact Information
For questions, concerns, or notices regarding these Terms of Service:
Email: kellerkollektiv@gmail.com
Website: https://kellerkollektiv.com/winefoo
Address: KELLER KOLLEKTIV, Teczowa 82d/1, 53-603 Wroclaw, Poland
Additional Resources:
Terms of Service: https://kellerkollektiv.com/winefoo-terms
Privacy Policy: https://kellerkollektiv.com/winefoo-privacy
21. Additional Legal Notices
21.1 Legal Disclaimer
This document is provided for use in app store listings. You should have these Terms reviewed by a qualified attorney licensed in Poland before implementing them. This is not legal advice, and WineFoo makes no representations about the legal sufficiency of this document.
21.2 Compliance with Laws
You agree to comply with all applicable laws regarding alcohol consumption in your jurisdiction, including but not limited to:
Age of majority laws
Alcohol import/export laws
Driving under the influence laws
Public intoxication laws
Any other alcohol-related regulations WineFoo is not responsible for your compliance with these laws.
LAST REMINDER:
By using WineFoo, you acknowledge that you have read, understood, and agree to be bound by all provisions of these Terms of Service.
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