Terms of Service

1. Acceptance of Terms

By expressly accepting these Terms, you enter into an agreement with Wine Labs. If you act for a business, you represent that you have authority to bind that business. If you do not agree, do not create an account or use account services. A separately signed agreement controls over conflicting provisions of these Terms. Product-specific terms disclosed when you subscribe, including the API usage terms at /api, apply to that product and control over conflicting general usage restrictions here.

2. Description of Services

Wine Labs provides a comprehensive wine price intelligence platform that includes:

• Real-time wine price tracking and analytics
• Historical price data and market trends
• Portfolio management and valuation tools
• Price alerts and market notifications
• Wine market intelligence and insights

3. User Eligibility

You must be at least 18 years old to use our services. By using Wine Labs, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. You are responsible for ensuring that your use of our services complies with all applicable local, state, and federal laws.

4. User Accounts

To access certain features, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

5. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:

• Use our services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our services or servers
• Use automated tools to scrape or download data except through our authorized APIs, exports, or integrations within your plan limits
• Violate any applicable laws or regulations
• Transmit any harmful or malicious code
• Impersonate any person or entity

6. Data and Information

Our wine price data and market information are provided for informational purposes only:

• Data accuracy is not guaranteed and may contain errors
• Prices may change rapidly and without notice
• Historical data does not predict future performance
• You should verify information before making investment decisions
• Third-party sources may change or become unavailable; verify source information independently

7. Investment Disclaimer

Wine Labs provides data and tools for informational purposes only. We do not provide investment advice, recommendations, or financial guidance. All investment decisions are your sole responsibility. Wine investments carry inherent risks, and past performance does not guarantee future results. You should consult with qualified financial advisors before making investment decisions.

8. Intellectual Property

Wine Labs and its licensors retain their respective rights in the platform and its content. Third-party names, trademarks, scores, reviews, images, labels, and source material remain the property of their respective owners. Their inclusion does not imply affiliation, endorsement, or an unrestricted license:

• You may use, store, and display content only as permitted by your plan, the applicable API terms, or a written agreement. You may not resell or redistribute a raw dataset or standalone data feed without written permission
• Our trademarks and logos are protected
• We grant a limited, non-exclusive, non-transferable right to use the services during your authorized access, subject to these Terms and applicable third-party rights

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by ourPrivacy Policy, which is incorporated into these Terms by reference.

10. Service Availability

We strive to provide reliable service but cannot guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue services at any time with reasonable notice.

11. Fees and Payment

Some features may require payment of fees:

• Fees are charged as described in our pricing information
• Fees are non-refundable except as stated in your order, our applicable refund policy, or mandatory law
• We may change fees with reasonable advance notice
• You are responsible for all applicable taxes

Service and data warranties

To the extent permitted by law, services, datasets, matching results, valuations, generated analyses, and third-party content are provided as available and as is, without implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant uninterrupted availability, completeness, accuracy, freshness, or suitability for a transaction. Prices are observations or estimates, not executable offers; taxes, currency, format, fees, stock, and vintage may differ. Verify material information with the original source before relying on it. Nothing here excludes a warranty or remedy that cannot lawfully be excluded.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINE LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the services or these Terms, under any legal theory, is limited to the greater of US$100 and the fees you paid to Wine Labs for the affected service during the twelve months preceding the event giving rise to the claim. Related claims do not multiply this cap. These limitations do not exclude or limit liability for fraud, willful misconduct, gross negligence, or any liability that applicable law does not permit us to exclude or limit. Mandatory consumer rights remain unaffected.

13. Indemnification

If you use the services for business purposes, you will defend and indemnify Wine Labs and its personnel against third-party claims and reasonable costs, including reasonable legal fees, to the extent caused by your unlawful use, breach of these Terms, content you submit without necessary rights, or your redistribution or use of third-party content beyond authorized rights. This does not cover claims to the extent caused by our own infringement, breach, negligence, or misconduct. We will promptly notify you of a claim, allow you to control its defense using competent counsel, and provide reasonable cooperation at your expense. Delayed notice excuses your obligation only to the extent it materially prejudices the defense. You may not settle a claim that admits fault on our behalf or imposes obligations on us without our written consent, which we will not unreasonably withhold.

14. Review of Access, Suspension, and Termination

14.1 Review of access and use

We may review your account, your access rights, and your use of the services at any time to verify your plan entitlements and stated eligibility and to check compliance with these Terms, applicable product terms, and applicable law. A review may include examining the account, usage, billing, and security records we generate in operating the services and, where we have a reasonable basis for concern, asking you for information or records relevant to that concern. We carry out reviews proportionately, in accordance with our Privacy Policy and applicable law. We are not obliged to review or monitor your use, and a review, or a decision not to act following one, does not waive any right or remedy.

14.2 Suspension or termination for cause

We may suspend or terminate access for a material breach of these Terms, nonpayment, unlawful use, or a credible security or rights concern. Where reasonably practicable, we will notify you and give you an opportunity to resolve the issue; we may act immediately when necessary to protect the services, others, or comply with law. Suspension for cause does not entitle you to a refund for the suspended period, and fees continue to accrue during a suspension for cause unless we state otherwise.

14.3 Termination or withdrawal of access for convenience

We may also withdraw, restrict, or terminate your access to the services or to any feature, dataset, or integration within them for any other reason, at our discretion. Where we do so and you are not in breach, we will give you at least 30 days’ prior notice by account notice or email, and we will refund, on a pro-rata basis, prepaid fees for the unused remainder of your then-current subscription term for the affected service. Access that is free, trial, evaluation, beta, promotional, complimentary, or otherwise granted outside a paid plan, and access granted to you as an invited or delegated user of another customer’s account, may be adjusted or withdrawn at any time, with notice where reasonably practicable. This section does not override a minimum term, notice period, or termination provision in a separately signed agreement, and it does not apply to a change affecting all customers of a service, which Section 10 governs.

14.4 Termination by you

You may cancel renewal or close your account at any time through the available account controls or by contacting us. Cancellation takes effect at the end of your then-current term unless your order or mandatory law provides otherwise.

14.5 Effect of suspension or termination

On termination your right to access the services ends, and we may deactivate the account and delete or de-identify associated content in line with our Privacy Policy and our legal retention obligations. Where we terminate for convenience under Section 14.3, and unless prevented by law, a legal hold, or a third-party rights restriction, we will make a reasonable export of the content you submitted available to you for 30 days after termination takes effect. Except for the refund described in Section 14.3 and to the extent applicable law provides otherwise, we have no liability to you for a suspension, restriction, or termination made in accordance with this Section 14. Suspension or termination does not waive accrued obligations, accrued payment rights, or mandatory legal rights, and the provisions identified in Section 19 survive it.

15. Governing Law

Delaware law governs these Terms, excluding its conflict-of-law rules. Subject to mandatory applicable law, the state and federal courts located in Delaware have exclusive jurisdiction over disputes arising out of these Terms or the services, and each party consents to those courts. If you are a consumer, this clause does not deprive you of mandatory protections or rights to bring proceedings in the courts available under the laws of your place of residence.

16. Changes to Terms

We may update these Terms prospectively. We will identify each version and notify account holders of material changes through an account notice or email before those changes take effect, except where a shorter period is required by law or an urgent security issue. We will request renewed express acceptance where required by law. Changes do not retroactively alter accrued claims or a separately signed agreement. If you do not accept revised terms, you may stop using the services and cancel renewal, subject to your existing agreement and mandatory rights.

17. Third-party rights and customer content

An API subscription or delivery of an image, critic score, review, or other material does not itself transfer third-party intellectual property rights or establish permission for every use. Unless our written agreement expressly grants the relevant rights, you are responsible for obtaining any additional permissions required for your publication, marketing, redistribution, or other use. Attribution alone does not replace permission. Preserve required credits and rights notices and do not remove watermarks or rights-management information. We do not represent that material is public domain merely because it is publicly accessible.

You retain rights in content you submit and grant us a non-exclusive license to process, store, and display it as needed to provide the requested service. You represent that you have the rights needed for that processing. Do not submit unlawfully obtained material, third-party credentials without authorization, or content that infringes others’ rights. This allocation of customer responsibilities does not eliminate Wine Labs’ own legal obligations.

18. Rights complaints and corrections

Report a rights concern or data error to legal@winelabs.ai with your contact details, the specific URLs or record identifiers, the material concerned, the right you claim and your authority to act, and supporting information. We may request clarification, investigate, correct, restrict, replace, or remove affected material, and suspend affected access while reviewing a complaint. Customers must cooperate reasonably with a substantiated rights investigation and cease the affected use when required by law or a valid contractual restriction. A replacement is not a warranty of third-party rights. This process does not restrict anyone’s right to send a legal notice, seek urgent relief, or exercise a statutory remedy.

19. General provisions

If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law. Failure to enforce a provision is not a waiver. Provisions concerning accrued payments, intellectual property, permitted liability limitations, indemnification, and disputes survive termination to the extent relevant. These Terms, applicable product terms, and any signed agreement form the agreement for the services. Nothing here prevents lawful reporting to regulators or cooperation with legal process.

20. Contact Information

If you have any questions about these Terms, please contact us: