TERMS OF SERVICE
Effective Date: 22.08.2026
Last Updated: 22.08.2026
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 legal agreement 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, or region of residence to use this App.
Upon first launch, you are required to confirm your age via an in-app age declaration screen before accessing any content. By proceeding beyond this screen and downloading or using the App, you explicitly confirm and represent that:
- You are of legal drinking age in your jurisdiction of residence
- You understand this App provides recommendations for alcoholic beverages
- You will consume alcohol only in accordance with all applicable federal, state, local, and international laws
- You will not provide this App or its recommendations to anyone under the legal drinking age
- 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.
3.3 AI-Powered Features
WineFoo offers AI-powered features as part of the Premium subscription, including:
- AI-Powered Favourite Matchmaking: You may capture a photo using your device camera and crop the relevant portion. The cropped image and any accompanying text description you provide are processed by OpenAI's API to generate personalised wine pairing recommendations. Images are processed in real time and are not permanently stored by WineFoo or OpenAI after processing is complete.
- OCR-Based Image Analysis: You may capture and crop a photo of a restaurant menu or dish description. Our OCR technology, powered by OpenAI's API, extracts text from the cropped image and uses it to map food items to our wine recommendation matrix. This functionality requires camera access on your device.
Each Premium subscription includes 100 AI interactions per billing period. The counter resets automatically upon subscription renewal. Unused interactions do not carry over to the next billing period.
3.4 Push Notifications
With your explicit permission, WineFoo may send push notifications to your device, including:
- Wine pairing tips and suggestions
- Seasonal content and special occasion recommendations
- Premium subscription reminders and renewal notices
- App updates and new feature announcements
You can manage or disable push notifications at any time through your device settings. Disabling notifications does not affect your access to core App features.
3.5 Email Subscription
You may optionally subscribe to WineFoo email communications by providing your email address when prompted in the App. Subscribing requires your active, informed consent — you will receive a confirmation email to verify your subscription (double opt-in) before communications begin. By confirming your subscription, you consent to receiving:
- Curated wine tips and pairing suggestions
- Product updates and new feature announcements
- Promotional content
You may unsubscribe at any time by clicking the unsubscribe link included in every email or by contacting us at kellerkollektiv@gmail.com. Subscribing to emails is entirely optional and is not required to use the App. Withdrawal of your email subscription consent does not affect the lawfulness of communications sent prior to withdrawal.
3.6 Promotional Banners & Partner Links
The App may display promotional banners and partner/affiliate links from time to time. These may include:
- Sponsored content from commercial partners
- Affiliate links to wine retailers or related products and services
- Featured content and marketing campaigns
WineFoo may receive compensation from partners whose content appears in the App. Partner links and sponsored banners will be clearly displayed within the App interface. WineFoo is not responsible for third-party products, services, or websites accessed through partner links. Your dealings with third-party partners are solely between you and them.
3.7 User Reviews & Feedback
The App includes a feedback system that allows you to submit your experience and suggestions. By submitting feedback, you:
- Grant WineFoo a non-exclusive, royalty-free, perpetual licence to use, display, and incorporate your feedback for service improvement purposes
- Confirm that your feedback does not contain personal data of third parties
- Agree that your feedback will not be defamatory, offensive, or unlawful
WineFoo reserves the right to moderate, edit, or remove feedback at its discretion.
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.
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 Platform Authentication
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.
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 AI-powered features (100 AI interactions per billing period)
- AI-Powered Favourite Matchmaking (camera capture + crop, powered by OpenAI)
- OCR-Based Image Analysis of menus and dish descriptions (powered by OpenAI)
- Quick Reset — reset all pairing selections at once
- Lucky Dip — let the algorithm choose a wine for you
- Multi-Pairing — request more than one pairing recommendation at a time
- Skip the Queue — priority access to results
- 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. Premium is available to both guest users and account holders.
5.2 AI Usage Counter
Each Premium subscription period includes 100 AI interactions. The counter decrements by one (1) for each successful AI operation (Match Automatically or Continue to Edit). Unused interactions expire at the end of each billing period and do not carry over to the next. The counter resets to 100/100 upon each renewal.
5.3 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
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 and are solely and exclusively responsible for:
- Processing and authorising all payments
- Storing and securing payment methods and financial data
- Issuing receipts and payment confirmations
- 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. 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 Refunds & Refund Policy
No refunds are available for partial subscription periods or unused portions of your subscription, including unused AI interactions. 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.
7. Acceptable Use Restrictions
You agree that you will NOT:
- Use the App for any illegal, unlawful, or prohibited purpose
- Violate any applicable federal, state, local, or international laws
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Modify, adapt, translate, or create derivative works based on the App
- Share your account credentials or allow others to use your account
- Use automated systems, bots, scraping tools, or other non-human access methods
- Attempt to gain unauthorised access to the App or its systems
- Interfere with the App's functionality, security, or infrastructure
- Upload or transmit viruses, malware, or other harmful code
- Submit false, misleading, or harmful content through the feedback system
- Use AI features to process images containing personal data of third parties without their consent
- 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; AI matching engine and OCR processing logic; 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.
8.2 Your Limited Licence
WineFoo grants you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on compatible devices you own or control for personal, non-commercial purposes only.
8.3 User-Generated Content
Any data you input (food selections, preferences, feedback, images captured via camera) remains your property. By using the App, you grant WineFoo a non-exclusive, royalty-free licence to use, analyse, and display aggregated, pseudonymised usage data for service improvement and analytics. Cropped images captured for AI/OCR features are processed in real time and are not stored by WineFoo or OpenAI after processing is complete.
9. Wine Pairing Disclaimers & Limitations
All wine pairing recommendations provided by WineFoo are SUGGESTIONS ONLY. Wine pairing is inherently subjective. A wine recommended by WineFoo may not appeal to your personal taste, be suitable for your occasion, match your budget, be available in your region, or satisfy your expectations. WineFoo makes no warranty that recommendations will meet your expectations or preferences.
WINE RECOMMENDATIONS ARE NOT MEDICAL ADVICE.
If you have alcohol-related health conditions, medications that interact with alcohol, are pregnant or nursing, or have any other health concerns, consult your healthcare provider BEFORE consuming alcohol. WineFoo assumes no responsibility for adverse health effects from alcohol consumption.
10. Limitation of Liability & Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (including Polish consumer protection law — Ustawa o prawach konsumenta — and EU Directive 2011/83/EU), WineFoo, its parent companies, subsidiaries, and their respective officers, directors, employees, and agents shall NOT be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to: lost profits; personal injury or property damage; errors or interruptions in the App; quality of wines or suitability of recommendations; financial losses related to wine purchases; data loss or corruption; or consequences of alcohol consumption.
Nothing in these Terms limits or excludes liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any liability that cannot be excluded under applicable Polish or EU consumer law. Where permitted by law, 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.
11. Termination & Account Suspension
You may terminate your use of the App at any time by uninstalling it and cancelling your subscription through your app store settings. WineFoo may suspend or terminate your access immediately, without notice, if you violate these Terms, use the App for illegal purposes, or attempt to harm the App or other users. To permanently delete your WineFoo account and associated data, see our Account Deletion Policy at kellerkollektiv.com/winefoo-delete.
12. Changes to Terms of Service
WineFoo reserves the right to modify these Terms at any time. Changes will be posted in the App and the "Last Updated" date will be updated. For material changes, we will provide notice within the App at least thirty (30) days before they take effect.
Important: Changes to Terms that affect contractual rights may require your active acceptance via an in-app prompt before you can continue using the App. Where processing of your personal data is based on consent, any changes affecting that processing will require fresh, active consent — continued use of the App alone will not constitute consent for such changes. If you do not accept material changes, you may terminate your use of the App by uninstalling it.
13. Governing Law & Jurisdiction
These Terms of Service are governed by and construed in accordance with the laws of Poland, without regard to conflict of laws principles. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Poland. Before pursuing legal action, you agree to attempt to resolve disputes informally by contacting WineFoo at kellerkollektiv@gmail.com.
Note for EU consumers: Nothing in this clause affects your rights as a consumer under mandatory EU consumer protection law applicable in your country of residence.
14. Severability & Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and WineFoo regarding your use of the App.
15. 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.
16. Additional Legal Notices
16.1 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.
16.2 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.
17. Contact Information
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
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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