# Terms and Conditions **Effective as of May 9, 2026** ## Agreement between User and https://www.winespirit.app/ Welcome to [https://www.winespirit.app/](https://www.winespirit.app/). These Terms and Conditions ("Terms") govern your access to and use of the WineSpirit website, mobile applications, and related services (collectively, the "Site"), operated by **WineSpirit LLC** ("WineSpirit," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. Your use of [https://www.winespirit.app/](https://www.winespirit.app/) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. [https://www.winespirit.app/](https://www.winespirit.app/) is an E-Commerce Site. WineSpirit.app is a digital platform designed to help users catalog, manage, analyze, and share their personal wine and spirits collections. The website provides tools such as barcode and AI-based label recognition, portfolio tracking, and market valuation insights to enable users to document their collections and understand their value over time. Through features including collection organization, pricing data, forecasting, and private sharing, WineSpirit.app aims to deliver a comprehensive and intelligent collection management experience for enthusiasts and collectors of fine wines and spirits. ## Acceptance of Terms By creating an account, clicking an "I Agree" or similar acceptance mechanism, logging in after being presented with updated Terms, or otherwise accessing or using the Site or services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any future modifications. ## Privacy Your use of the Site is subject to our [Privacy Policy](/privacy), which describes how we collect, use, and protect your information. ## Electronic Communications By using the Site or contacting us electronically, you consent to receive communications from WineSpirit electronically and agree that such communications satisfy any legal requirement that they be in writing. ## Your Account, Beta Access, and Tiered Subscriptions You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer your account. You acknowledge that WineSpirit is not responsible for third party access to your account that results from theft or misappropriation of your account. WineSpirit and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. WineSpirit may operate portions of the Site on a beta, free, or paid subscription basis. We reserve the right to modify, suspend, or discontinue any feature, tier, or pricing model at any time. Paid subscriptions are processed by Paddle.com Inc. as our Merchant of Record and are billed in advance on a recurring basis as disclosed at the time of purchase. **All refunds, cancellations, and billing-related matters are handled by Paddle in accordance with [Paddle's Invoiced Consumer Terms and Conditions](https://www.paddle.com/legal/invoiced-consumer-terms).** To request a refund or cancellation, contact Paddle directly at [paddle.net](https://paddle.net). For more information, see our [Refund Policy](/refund-policy). Prices may change prospectively with notice. Continued use after changes constitutes acceptance. ## Children Under Thirteen WineSpirit does not knowingly collect personal information from children under the age of thirteen. Users under eighteen may use the Site only with parental or guardian permission. ## Links to Third-Party Sites Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of WineSpirit and WineSpirit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WineSpirit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WineSpirit of the site or any association with its operators. Certain services made available via WineSpirit delivered by third party sites and organizations. By using any product, service or functionality originating from the [https://www.winespirit.app/](https://www.winespirit.app/) domain, you hereby acknowledge and consent that WineSpirit may share such information and data with any third party with whom WineSpirit has a contractual relationship to provide the requested product, service or functionality on behalf of Site's users and customers. ## No Unlawful or Prohibited Use / Intellectual Property You are granted a limited, non-exclusive, non-transferable, revocable license to use the Site in accordance with these Terms. All Site content, software, and materials are owned by or licensed to WineSpirit and protected by intellectual-property laws. No ownership rights are transferred. As a condition of your use of the Site, you warrant to WineSpirit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of WineSpirit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. WineSpirit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of WineSpirit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of WineSpirit or our licensors except as expressly authorized by these Terms. ## User-Generated Content The Site allows users to upload, post, and store images, collection logs, and other content ("User Content"). You retain all rights in, and are solely responsible for, the User Content you upload to WineSpirit.app. By uploading User Content, you represent and warrant that: (i) you own the content or have the legal right, license, or permission to use and upload it; and (ii) the uploading of the User Content does not violate the privacy rights, publicity rights, copyrights, trademark rights, or any other intellectual property rights of any third party. WineSpirit LLC acts merely as a passive conduit for your User Content and explicitly disclaims any liability for copyright infringement or other legal violations arising from images or data uploaded by users. We do not proactively monitor or validate the copyright status of user-uploaded images. ## User Content License Grant By uploading User Content, you grant WineSpirit a **worldwide, non-exclusive, royalty-free, sublicensable, and transferable license** to host, store, reproduce, process, analyze (including via artificial intelligence systems), display, and use such content solely to operate, maintain, secure, and improve the Site and its features. ## DMCA Copyright Policy WineSpirit LLC respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied or uploaded to the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information in writing: - An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. - A description of the copyrighted work that you claim has been infringed. - A description of where the material that you claim is infringing is located on the Site (e.g., specific URL or account reference). - Your address, telephone number, and email address. - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claimed infringement should be directed to: [info@winespirit.app](mailto:info@winespirit.app). ## Alcohol Regulatory Disclaimer WineSpirit does **not** sell, broker, ship, distribute, or facilitate transactions involving alcoholic beverages and does not provide alcohol compliance or regulatory advice. WineSpirit is an informational and collection-management platform only. Users are solely responsible for complying with all applicable alcohol laws. ## AI-Generated Content, Valuations, and Forecasting Disclaimer The Site utilizes artificial intelligence (AI) and machine learning algorithms to provide features including, but not limited to, label recognition, market pricing insights, and future valuation forecasting for your collection. You explicitly acknowledge and agree that: - **Informational Purposes Only:** All valuations, market pricing, and forecasts provided by the Site are strictly for informational and entertainment purposes. They do not constitute financial, investment, or legal advice. - **No Insurance or Claims Use:** The valuations and data generated by WineSpirit.app **may not be used for insurance underwriting, insurance claims, collateralization, estate valuation, tax reporting, or any other official or legal proceedings.** WineSpirit LLC explicitly disclaims any accuracy required for such purposes. - **AI Limitations:** AI-generated data is subject to errors, hallucinations, and market volatility. It is your sole responsibility to independently verify the value of any item in your collection against prevailing market pricing. - **Assumption of Risk:** WineSpirit LLC, its affiliates, and suppliers shall not be held liable for any financial losses, missed investment opportunities, or insurance claim denials resulting from your reliance on the Site's AI-generated valuations or forecasts. - You acknowledge that AI-generated outputs may differ materially from real-world outcomes and shall not be relied upon as a sole basis for financial, legal, investment, insurance, tax, or valuation decisions. ## International Users The Service is controlled, operated and administered by WineSpirit from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the WineSpirit Content accessed through [https://www.winespirit.app/](https://www.winespirit.app/) in any country or in any manner prohibited by any applicable laws, restrictions or regulations. ## Indemnification You agree to indemnify, defend and hold harmless WineSpirit, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. WineSpirit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with WineSpirit in asserting any available defenses. ## Arbitration; Governing Procedure ### Arbitration **In the event that the parties are unable to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, your use of the Site, or the services provided by WineSpirit LLC ("Dispute"), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, such Dispute shall be resolved exclusively through final and binding arbitration, and not in court, except as expressly provided below.** **The arbitration shall be conducted pursuant to the Federal Arbitration Act ("FAA"), which governs the interpretation and enforcement of this arbitration provision. The arbitration shall be administered by the American Arbitration Association (AAA) or a comparable arbitration service agreed upon by the parties, and conducted before a single neutral arbitrator. Unless otherwise required by applicable law, the arbitration shall take place in the State of Florida, or at another mutually agreed location.** ### Scope and Authority of Arbitrator **The arbitrator shall have exclusive authority to resolve any Dispute, including but not limited to disputes relating to the interpretation, applicability, enforceability, formation, or scope of these Terms or this arbitration provision, and to determine whether any Dispute is subject to arbitration.** ### Carve-Out for Injunctive Relief and Award Enforcement **Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, including but not limited to the protection of intellectual property rights, without waiving the right to arbitrate the underlying Dispute. In addition, courts located in the State of Florida shall have exclusive jurisdiction solely for the purposes of enforcing an arbitration award or granting injunctive relief.** ### Arbitration Fees and Remedies **The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. The arbitrator may award any relief permitted by applicable law, subject to the limitations set forth in these Terms. In any arbitration arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by law.** ### Survival **This arbitration provision shall survive the termination of these Terms and your relationship with WineSpirit LLC.** ## Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and WineSpirit agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. ## Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WINESPIRIT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WINESPIRIT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WINESPIRIT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WINESPIRIT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WINESPIRIT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. ## Limitation of Liability To the maximum extent permitted by law, WineSpirit shall not be liable for any indirect, incidental, consequential, punitive, or special damages. **WineSpirit's total aggregate liability shall not exceed the greater of (i) US $100 or (ii) the amounts paid by you to WineSpirit in the twelve (12) months preceding the event giving rise to the claim.** Your sole remedy is to discontinue use of the Site. ## Termination WineSpirit reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WineSpirit as a result of this agreement or use of the Site. WineSpirit's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WineSpirit's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by WineSpirit with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. ## Force Majeure WineSpirit shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, governmental actions, internet disruptions, labor disputes, or supply failures. ## Assignment WineSpirit may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. ## Platform Acknowledgment These Terms are between you and WineSpirit LLC only, and not with Apple Inc. or Google LLC. Apple and Google are not responsible for the App or its content. Your use of apps obtained through the Apple App Store or Google Play is subject to their respective platform terms. ## Governing Law These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. ## Entire Agreement Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WineSpirit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WineSpirit with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. ## Contact Us WineSpirit welcomes your questions or comments regarding the Terms: **WineSpirit LLC** 11430 NW 5th Street Plantation, Florida 33325 United States Email: [info@winespirit.app](mailto:info@winespirit.app)