Terms of Service

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Ashwood Data LLC ("Sommly", "we", "us"), governing your use of the Sommly iOS application, our website at sommly.app, and any related services (together, the "Service").

By downloading, installing or using Sommly, including through TestFlight, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. You must be of legal drinking age

Sommly is for adults only. By using the Service you represent and warrant that:

• You are at least 21 years old, or the legal drinking age in your jurisdiction if that age is higher;
• You are not prohibited from purchasing or consuming alcohol under any law that applies to you; and
• You will not permit anyone under the legal drinking age to use the Service through your account or your device.

The Service is about alcoholic beverages. It discusses, describes and recommends wine throughout. It is rated for mature audiences on the App Store and is not directed to children.

We do not verify age. If we learn that someone under the legal drinking age is using the Service, we will terminate that account. If you are a parent or guardian and believe a minor has an account, contact us (section 20) and we will remove it promptly.

3. Drink responsibly

Sommly exists to help you enjoy wine, not to encourage you to drink more of it.

• Nothing in the Service is an encouragement to drink excessively. We do not reward volume. Features such as ratings, the journal and the Wine Passport record what you have tried; they are a memory aid, not a scoreboard, and no part of the Service should be read as urging you to drink more in order to fill it in.
• Do not drink and drive. Do not use the Service, or act on anything it suggests, in any way that puts you or anyone else at risk.
• Alcohol carries health risks. Sommly makes no claim that wine or alcohol is good for you, and we do not present any health benefit of drinking. If you are pregnant, taking medication, in recovery, or have any health condition affected by alcohol, follow your doctor's advice and not a wine app.

4. What Sommly does

Sommly is an informational wine app. It uses artificial intelligence to:

• read a photograph of a restaurant wine list or a bottle label and extract the wines on it;
• build a taste profile from a short quiz and from the wines you rate;
• recommend wines from that profile and explain why in plain language;
• answer questions about wine through an AI sommelier chat;
• keep a journal and a "passport" of what you have tried.

We may change, add, or remove features at any time. We may suspend or discontinue the Service, in whole or in part, with or without notice, though we will try to give notice where we reasonably can.

5. AI-generated content: read this one

Specifically, and without limitation:

• Recommendations, tasting notes and descriptions are informational only. They are one machine's opinion of what you might like. They are not professional sommelier advice, not nutritional advice, not medical advice, and not financial or purchasing advice.
• Wine identification can be wrong. The AI may misread a label, confuse two producers, invent a vintage, or identify the wrong wine entirely, especially from a blurry, dark, angled or partial photo.
• Prices read off a wine list can be wrong. The AI reads numbers off a photograph. It may misread a price, return a by-the-glass price as a bottle price, or miss a price entirely. Always confirm the price with the restaurant before ordering. We are not responsible for what you are charged.
• Availability, vintages and facts change. The assistant sometimes searches the web, and web results can be outdated or wrong too.
• The AI is not a person. The sommelier chat is a software feature. It has no human on the other end, it does not know you beyond the data described in our Privacy Policy, and it should not be relied on for anything consequential.
• Alcohol content (ABV) and allergen information may be inaccurate. If you have an allergy, an intolerance, a medical condition, or any reason to care about what is in a bottle, check the bottle and ask the venue. Do not rely on Sommly.

Verify anything that matters. You are responsible for your own decisions about what to buy, order and drink.

6. Your account

You need an account to use most of Sommly. You agree to give accurate information, to keep your password secure, and to tell us promptly if you believe your account has been compromised. You are responsible for activity under your account.

You may stop using the Service at any time, and you can delete your account from inside the app: Profile → Delete Account, confirmed by typing DELETE. Deletion is immediate and permanent. It removes your account and the data listed in the Privacy Policy, with no grace period and no recovery. Export anything you want to keep first. If a deletion fails part-way, the app says so rather than pretending it worked; email us (section 20) and we will finish it by hand.

7. Beta software (TestFlight)

Sommly is currently distributed as a beta through Apple TestFlight. That means:

• The Service is pre-release software provided "as is", may be unstable, incomplete, or interrupted, and may change substantially without notice.
• Your data may be lost. Beta builds can carry bugs that corrupt or delete data, and we may need to reset databases between builds. Do not rely on Sommly as the only record of anything you care about.
• Features shown in a beta may never ship, or may ship differently, or may become paid.
• Apple's TestFlight terms apply to your participation in addition to these Terms, and Apple receives your email address and usage/crash data under Apple's own terms.
• Feedback you send us is welcome and, unless you say otherwise, we may use it freely to improve the Service without obligation to you.

When Sommly leaves beta, these Terms continue to apply and this section stops applying.

8. Acceptable use

You agree not to:

• use the Service if you are under the legal drinking age, or help anyone who is to use it;
• use the Service for any unlawful purpose, or in violation of any alcohol, advertising, or consumer-protection law that applies to you;
• upload photographs you have no right to take or share, or that capture other people in a way that violates their privacy or local law;
• upload content that is illegal, hateful, harassing, defamatory, sexually explicit, or that infringes anyone's rights;
• attempt to make the AI produce harmful, illegal, or abusive content, or try to extract our prompts, keys or model configuration;
• reverse engineer, decompile, scrape, or attempt to derive our source code or data, except where that restriction is prohibited by law;
• resell, sublicense, or commercially exploit the Service or its output without our written permission;
• use bots, scripts or automated means to access the Service, or place unreasonable load on our infrastructure;
• interfere with the security or integrity of the Service, or access any account or data that is not yours.

We may suspend or terminate access for violations, without notice where the violation is serious.

9. Your content

You keep ownership of what you create: your photos, ratings, tasting notes and journal entries ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, transmit and display Your Content solely to operate and improve the Service for you, including sending it to our AI provider so a feature can work, as described in the Privacy Policy. This licence exists only so the app can function; it ends when you delete the content or your account, except for copies retained in ordinary backups for a limited period.

We do not sell Your Content and we do not use it to train our own AI models.

You are responsible for Your Content and you confirm you have the right to provide it.

10. Our content and intellectual property

The Service, including the Sommly name, logo, design, software, wine catalog and text, is owned by us or our licensors and is protected by copyright, trademark and other laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial use, subject to these Terms. Nothing else is granted.

Producer names, appellations, and third-party trademarks that appear in wine data belong to their owners and are used descriptively. Sommly is not affiliated with, endorsed by, or sponsored by any winery, importer, retailer, or restaurant.

11. Third-party services

The Service relies on third parties: Apple, Supabase, Google and Sentry (see the Privacy Policy). We are not responsible for their acts or omissions, their availability, or their terms. Links or references to third-party sites, producers or retailers are not endorsements.

No commerce. Sommly does not sell alcohol, does not take orders, and does not deliver anything. Any purchase you make is between you and the merchant or venue.

12. Fees

The Service is currently free. There are no in-app purchases, no subscriptions, and no paid tier. We do not ask for payment details and we do not process payments.

If we introduce paid features, we will update these Terms with the price, billing period, auto-renewal and cancellation details before that happens, and tell you in advance. Purchases would be billed by Apple through your App Store account, and refunds would be handled by Apple under Apple's policies.

13. Disclaimer of warranties

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits any consumer right you have that cannot be waived by law.

14. Limitation of liability

[JORDAN-DECISION 3] Pick the figure for (B). While the app is free, (A) is zero, so (B) is the entire cap. USD 50 or USD 100 are the common choices for a free consumer app; a cap a court reads as illusory is worth less than a modest one that holds.

We are not liable for anything relating to your consumption of alcohol. You alone are responsible for what you choose to drink and for the consequences.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded by law.

15. Indemnification

You agree to indemnify and hold harmless Sommly and its officers, members, employees and agents from any claim, demand, loss or expense (including reasonable legal fees) arising from your Content, your use of the Service, your violation of these Terms, or your violation of any law or third-party right.

16. Termination

You may stop using the Service and delete your account at any time (section 6). We may suspend or terminate your access at any time if you breach these Terms, if we believe your use creates risk or legal exposure, or if we discontinue the Service.

On termination, your right to use the Service ends immediately. Sections 5, 9, 10, 13, 14, 15, 17 and 20 survive termination.

17. Governing law and disputes

These Terms are governed by the laws of [State: JORDAN-DECISION 2], without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in [County, State: JORDAN-DECISION 2].

[JORDAN-DECISION 2] Fill in the governing-law state and the venue county. The natural choice is the state where Ashwood Data LLC is formed, so this follows decision 1. Whatever you pick governs the Privacy Policy too, which points here rather than naming its own.

This draft deliberately includes no binding arbitration clause and no class-action waiver. Many consumer apps have one; we would rather not limit your rights that way, and an arbitration clause that is unenforceable or unfair is worse than none at all.

If any provision of these Terms is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it.

18. Apple-specific terms

These terms are required for App Store distribution and apply to the iOS app:

• These Terms are between you and Sommly, 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.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will 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 claim by you or a third party relating to the app, including product-liability claims, claims that the app fails to conform to a legal requirement, and claims under consumer-protection or privacy law.
• Apple is not responsible for investigating, defending or resolving any third-party intellectual-property claim relating to the app.
• You represent that you are not located in a country subject to a US Government embargo or designated a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. Changes to these Terms

We may update these Terms. The "Last updated" date shows the current version. For material changes we will give notice in the app or by email before they take effect. Continuing to use the Service after a change means you accept the updated Terms; if you do not, stop using the Service and delete your account.

20. Contact

Ashwood Data LLC

Email: support@sommly.app. Support, privacy requests and security reports all go to the same monitored inbox.

[JORDAN-DECISION 1] Confirm the contracting entity is Ashwood Data LLC, as the site footer already asserts, and add its registered mailing address here. The Privacy Policy's contact block (section 18) needs the same address, and the CCPA requires a physical address or a toll-free number (decision 4).