Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are a binding agreement between you and Ashwood Data LLC, a California limited liability company (“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 acknowledge 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 rely on the Service’s output at your own risk. Nothing the Service produces is professional, medical, nutritional, financial or purchasing advice, and no part of it creates any duty of care to you. You are responsible for your own decisions about what to buy, order and drink, and for any consequence of acting on anything the Service says.

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, then 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. There is no export button. If you want a copy of your data, email hello@sommly.app from your account’s address before you delete, and we’ll send it. 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.

Deleting your account does not cancel a subscription. Sommly Reserve is billed by Apple, and only Apple can cancel it. Cancel it first, in Settings under your Apple Account, then delete the account. Deleting the account does not entitle you to a refund of any period already paid for.

7. Pre-release builds (TestFlight)

If you use a pre-release build of Sommly through Apple TestFlight:

• The build is pre-release software provided “as is”, may be unstable, incomplete, or interrupted, and may change substantially without notice.
• Test builds through TestFlight can break, and their data can be lost. A pre-release build can carry bugs that corrupt or delete data. Do not rely on one as the only record of anything you care about.
• Features in a pre-release build may never ship, 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 and 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.

This section applies only to pre-release builds. The rest of these Terms apply to every build, including the one on the App Store.

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, transferable license, sublicensable to the service providers we use, to host, store, reproduce, process, transmit, adapt and display Your Content in order to operate, maintain, secure and improve the Service, including sending it to our AI provider so a feature can work. That license is bounded by the Privacy Policy: we use Your Content only for the purposes described there, and any new purpose is a change to that notice, made under its section 17. The license ends when you delete the content or your account, except for copies retained in ordinary backups and in the records described in section 10 of the Privacy Policy.

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 license 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, and Sommly Reserve

The free tier

You can use Sommly without paying, and the free tier is a tier rather than a trial. Today, scanning wine lists and labels is free on it and spends no monthly allowance, and a free answer from the sommelier is a full answer rather than a degraded one.

Beyond the fair-use limits every account has (below), what the free tier limits is volume. Today that limit is three sommelier chat messages a month, and the count returns to zero at the first instant of the next month, UTC. When the allowance is spent, the sommelier says so and tells you when it comes back. That allowance is a product setting, not a promise made in these Terms. We may raise it, lower it, or change how it is measured at any time, and we may change or withdraw any feature of the free tier without notice.

Fair use

Sommly’s AI features have limits on every account, free or paid. These fair-use limits keep the Service working for everyone and its costs sustainable. Today they include:

• limits per account over short periods, such as how many sommelier messages, scans and other AI requests one account can make in an hour; and
• a service-wide daily limit on AI use across all of Sommly. If it is reached, AI features such as scanning and the sommelier pause for everyone until the next day begins, UTC.

Reserve removes the monthly message count on the sommelier chat; it does not remove the fair-use limits. When you reach one, the feature pauses until the limit resets, and nothing you have saved is affected.

We do not print the current numbers here, because they are operational settings and not promises made in these Terms. We may raise them, lower them, add new ones, or change how they are measured at any time. Reaching a limit is not a failure of the Service, and, like any time the Service is unavailable, it does not entitle you to a refund or a credit.

Sommly Reserve

Reserve is an optional auto-renewing subscription. What it buys today is higher limits on the sommelier chat: the monthly message allowance of the free tier does not apply while you are subscribed, and the fair-use limits above still do. Reserve also includes whatever Reserve features we add while you are subscribed. We do not promise any particular future feature, and we may change, add or remove what Reserve includes. It is sold through the App Store in two plans:

The prices above are the United States prices. The price that governs is the one shown on the purchase screen in your own currency, inclusive of tax where your country includes it, before you confirm anything.

The free trial. Both plans carry a seven-day free trial. The trial is available once per Apple Account across both plans, because Apple grants introductory-offer eligibility per subscription group rather than per product, and the app shows the trial offer only when Apple tells it your account is eligible. If you switch to the other plan during the free trial, the rest of the trial ends when the new plan starts.

How billing works. Apple sells and bills Reserve; we do not. What that means for you:

• Without a free trial: Payment is charged to your Apple Account at confirmation.
• With a free trial: Your Apple Account is charged when the free trial ends, unless you cancel at least 24 hours before then.
• Reserve renews automatically at the same price for the same period until you cancel it. Apple charges each renewal within the 24 hours before the current period ends. To avoid the next charge, cancel at least 24 hours before the free trial or the current period ends.
• Cancel any time. Manage or cancel in Settings, under your Apple Account. Cancelling stops future renewals; it does not end the period you have already paid for, and Reserve stays active until that period runs out.
• Refunds are Apple’s to give, under Apple’s own policies. We cannot issue one and we cannot see your payment details. Ask Apple at reportaproblem.apple.com.
• Restore purchases. If you reinstall Sommly or sign in on another device with the same Apple Account, use Restore purchases in the Profile tab. The Reserve screen carries the same control.
• Price changes. If we change a plan’s price, Apple notifies you and, where Apple’s rules require your agreement, asks for it before the next renewal. A price change never applies to a period you have already paid for.

If you are a consumer in the EEA or the UK: Apple is the seller of record for Reserve, so the consumer rights attaching to that purchase, including any right of withdrawal and any refund, run against Apple and are handled under Apple’s terms and its refund process. Nothing in these Terms removes a statutory right you have that cannot be waived by agreement.

When Reserve ends, whether you cancelled it or a renewal failed, nothing you created is deleted. You go back to the free tier: free scans, and the free monthly allowance of sommelier messages. We do not give refunds or credits for a period already paid for, for unused messages, or for any time the Service is unavailable; any refund is Apple’s to give under Apple’s policies.

We never receive your payment details. When you subscribe, the app sends us Apple’s signed record of the purchase so our server can confirm your account is a Reserve member: the subscription’s Apple identifier, which plan, whether it is active and when it renews. We keep no price, no currency and no payment method. See section 1 of the Privacy Policy.

Availability. Reserve is offered through the App Store and may not be available on every account or in every territory. Where it is not available the app simply does not offer it, and everything in the free tier keeps working. We do not guarantee that the Service, Reserve, or any feature of either will be available at any particular time, and we may change, suspend or discontinue any of it.

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

To the fullest extent permitted by law, 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.

If you are a consumer resident in the EEA or the UK, this cap does not limit liability that your local mandatory consumer law does not allow us to limit.

If you are a California resident, the limits in this section apply only to the extent California law permits, and nothing here limits or waives a right or remedy that California law does not allow to be limited or waived.

15. Indemnification

You agree to defend, indemnify and hold harmless Sommly and its officers, members, employees and agents from any third-party claim or demand, and from any loss or expense we incur because of one (including reasonable legal fees), arising from Your Content, your use or misuse of the Service, your reliance on anything the Service produced, your violation of these Terms, or your violation of any law or third-party right. We may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will cooperate with that defense. This obligation survives termination.

This section does not apply to consumers in the EEA or the UK, and applies elsewhere only to the extent the law permits.

16. Termination

You may stop using the Service and delete your account at any time (section 6). We may suspend or terminate your access, or any part of the Service, at any time and at our discretion, with or without notice, including if you breach these Terms, if we believe your use creates risk or legal exposure to us or anyone else, or if we change or discontinue the Service. Where we can reasonably give notice we will, but we do not commit to it.

On termination, your right to use the Service ends immediately. We have no liability to you for any suspension or termination, and termination does not entitle you to a refund; a paid subscription runs its course through Apple (section 12). Sections 5, 9, 10, 12, 13, 14, 15, 17 and 20 survive termination.

If we permanently discontinue Reserve while you are subscribed, we will tell you and direct you to Apple for a refund of the unused period. Whether to give that refund is Apple’s decision under Apple’s policies, as it is for every refund (section 12).

17. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California. The same choice governs our Privacy Policy, which points here rather than naming its own. If you are a consumer resident in the EEA or the UK, you may also bring proceedings in the courts of your own country, and your local mandatory consumer law still applies.

These Terms contain no binding arbitration clause and no class-action waiver.

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 at any time. The “Effective” date shows the current version, and the current version is the one published at sommly.app/terms.html. For material changes we will take reasonable steps to tell you, in the app or by email, and we will give advance notice where the law requires it. Material changes take effect on the date we state in the notice; if you keep using the Service after that date you accept them. If you do not accept them, your remedy is to stop using the Service and delete your account.

20. Contact

Ashwood Data LLC, a California limited liability company.

Email: hello@sommly.app, for support, privacy requests and security reports.

Postal address: Ashwood Data LLC, 11420 Santa Monica Blvd, Unit 252091, Los Angeles, CA 90025.