2. License Grant and Restrictions

2.1 License

Subject to your compliance with this Agreement, Sommy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on a device that you own or control, solely for your personal, non-commercial use, in accordance with the usage rules of the applicable app store.

2.2 Restrictions

You agree not to, and not to permit others to:
- copy, modify, adapt, translate, or create derivative works of the App;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent such restriction is prohibited by applicable law;
- remove, alter, or obscure any proprietary notices;
- rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App to any third party;
- use the App in any way that violates applicable law or this Agreement;
- circumvent, disable, or interfere with security-related features of the Service, including any features that enforce limitations on use, subscription tiers, or entitlements;
- access the Service through automated means, or attempt to gain unauthorized access to the Service, other accounts, or our systems;
- use the Service to develop a competing product or to train a machine learning model.

3. Responsible Use of Alcohol

Sommy provides information and recommendations relating to wine and alcoholic beverages. You acknowledge and agree that:

• you will consume alcohol responsibly and in accordance with applicable laws;
• you will not use the Service while operating a vehicle or machinery, or in any manner that endangers yourself or others;
• the Service does not encourage excessive or irresponsible consumption of alcohol;
• you are solely responsible for your decisions regarding the purchase and consumption of alcohol.

4. Accounts

To use certain features, you must create an account. You agree to provide accurate information and to keep it current. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly of any unauthorized use. You may delete your account at any time through the in-app account-deletion feature, which will remove your associated personal data as described in our Privacy Policy.

5. Subscriptions, Billing, and Auto-Renewal

5.1 Paid Subscriptions

Certain features of the Service require a paid subscription ("Subscription"). Subscriptions are offered in tiers, with pricing and included features displayed in the App at the point of purchase.

5.2 Billing and Auto-Renewal

Subscriptions are billed in advance on a recurring basis (for example, monthly or annually) through your app store account (Apple App Store or Google Play). Your Subscription automatically renews at the end of each billing period unless you cancel it at least 24 hours before the end of the current period. Your payment method will be charged for renewal within 24 hours prior to the end of the current period at the then-current price for your tier and billing interval.

5.3 Managing and Canceling

You can manage or cancel your Subscription at any time through your app store account settings (Apple: Settings → your name → Subscriptions; Google Play: Play Store → Subscriptions). Deleting the App does not cancel your Subscription. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then.

5.4 Free Trials and Introductory Offers

If a free trial or introductory offer is provided, any unused portion is forfeited when you purchase a Subscription, where applicable. Unless you cancel before the trial ends, the Subscription will begin and your payment method will be charged at the standard rate.

5.5 Refunds

Purchases are processed by the applicable app store, and refunds are subject to that store's policies. Sommy does not separately process payments and generally cannot grant refunds directly; please contact the applicable app store for refund requests. Except where required by law, payments are non-refundable.

5.6 Price Changes

We may change Subscription pricing. Any price change will apply to billing periods after the change and, where required, will be communicated to you in advance with an opportunity to cancel.

6. User Content

You may submit text, queries, ratings, notes, images (such as photos of wine labels or meals), and other content ("User Content"). You retain ownership of your User Content. You grant Sommy a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and process your User Content solely to operate, provide, and improve the Service. You represent that you have the rights necessary to submit your User Content and that it does not violate any law or third-party right.

7. AI-Generated Content and No Professional Advice

The Service uses artificial intelligence and machine learning to generate wine-related recommendations, descriptions, and responses. You acknowledge that:

• AI-generated output may be inaccurate, incomplete, or not suited to your particular circumstances;
• recommendations are provided for informational and entertainment purposes only;
• the Service does not provide medical, health, nutritional, legal, financial, or other professional advice, and you should not rely on it as such;
• you are responsible for evaluating the accuracy and appropriateness of any output before relying on it.

To provide the Service, your queries and certain User Content may be processed by third-party AI providers, as described in our Privacy Policy.

8. Intellectual Property

The Service, including all software, text, graphics, designs, logos, and other content provided by Sommy (excluding User Content), is owned by Sommy or its licensors and is protected by intellectual property laws. Except for the limited license granted in Section 2, no rights are granted to you. "Sommy" and associated logos are our trademarks; you may not use them without our prior written consent.

9. Third-Party Services

The Service relies on and integrates third-party services (including, for example, app stores, analytics, hosting, subscription management, mapping/location, and AI providers). Your use of those services may be subject to their own terms and policies. We are not responsible for third-party services.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOMMY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT RECOMMENDATIONS WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOMMY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOMMY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SOMMY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Sommy and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, or your violation of this Agreement or any law or third-party right.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if you violate this Agreement. Upon termination, the license granted in Section 2 ends and you must stop using the App. Sections that by their nature should survive (including Sections 6–12 and 15) will survive termination.

14. Apple-Specific Terms

The following applies if you obtained the App from the Apple App Store:
- This Agreement is between you and Sommy only, not with Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability, regulatory, or intellectual-property claims.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government restricted-party list.
- Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

15. Governing Law and Disputes

This Agreement is governed by the laws of the State of Colorado, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Eagle, Colorado for any disputes not subject to arbitration, except where prohibited by applicable law. Nothing in this section limits any mandatory consumer-protection rights you may have in your jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. The updated version will be indicated by a revised "Last updated" date and becomes effective when posted. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Contact

If you have questions about these Terms, contact us at support@sommy.ai.