Terms & Conditions
These Terms & Conditions ("Terms") govern your access to and use of the Vinometrics mobile app and related services (the "Service"). The Service is offered only to users located in the United States. By using the Service, you agree to these Terms.
1) The Service
- Vinometrics provides wine discovery, pricing/value signals, and store-specific product information. Availability, prices, and product details may change and may not always be accurate.
- The Service is provided for informational purposes and is not professional advice.
1A) Accuracy of Pricing and VFM Ratings
- Pricing and availability. Prices, promotions, and product availability are sourced from third parties and may be incorrect, incomplete, or out of date. You should verify final price, promotions, and availability in-store or with the retailer before purchasing.
- Data update lag. While we aim to refresh retailer data frequently, there may be a delay between a retailer change (including price changes, promotions, and stock updates) and when that change appears in the Service. This delay can be 24–72 hours and may be longer due to retailer, network, or processing issues.
- Value scoring is a proprietary opinion. Any Value score, rating, or signal is a proprietary opinion and general indicator intended to help compare products. It is not a guarantee of quality, value, taste preference, availability, or any particular outcome.
- Vintage agnostic. Value scores are generally vintage-agnostic and may reflect aggregated signals across a product over time and/or across vintages. They may not reflect the specific vintage on a shelf. Always check the bottle label and consider that sensory profile and perceived value can vary by vintage.
- Retailer ratings and review counts. The Service may display retailer-provided average ratings and review counts (for example, from Kroger/Harris Teeter) as provided by the retailer. We do not independently verify the authenticity or accuracy of retailer reviews or ratings, and we do not reproduce third-party review text or tasting notes.
2) Eligibility
The Service is intended for adults and is not intended for individuals under 18. You are responsible for ensuring your use complies with applicable laws.
$13A) User ratings and community signals
- You may be able to rate wines and provide preference signals in the Service. These inputs help personalize your experience and may also be used in aggregated form to improve community scoring and rankings.
- License to use. To operate the Service, you grant Vinometrics a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for formatting and display), and use your ratings and preference inputs in connection with providing and improving the Service.
- Responsible use. Do not submit unlawful, abusive, or misleading content. We may remove ratings or restrict features to protect the Service and users.
4) Trials, subscriptions, and billing
- Certain features (e.g., searches/scans) may be limited by a trial allowance or require a subscription.
- Purchases are handled by the Apple App Store and/or Google Play (and may be managed through a subscription provider). Refunds and billing disputes follow the store’s policies.
- We may change pricing, plans, or trial limits with reasonable notice where required.
5) Acceptable use
You agree not to:
- Reverse engineer, scrape, or misuse the Service in a way that harms the Service or its providers.
- Attempt to bypass access controls (trial/subscription enforcement) or security measures.
- Use the Service unlawfully, including violating third-party rights.
6) Intellectual property
- We (and our licensors) own the Service, including its software, design, trademarks, and content, except where stated otherwise.
- You receive a limited, non-exclusive, non-transferable license to use the Service for personal, lawful use.
7) Third-party services and content
The Service may include content or services provided by third parties (e.g., retailer data, links, billing). We are not responsible for third-party services and they may have their own terms and policies.
8) Disclaimers
- The Service is provided “as is” and “as available”, without warranties of any kind.
- We do not warrant that product information (prices, stock, promos) will be accurate, complete, or available.
9) Limitation of liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill arising from your use of the Service.
10) Indemnity
You agree to indemnify and hold us harmless from claims arising out of your use of the Service or violation of these Terms.
11) Termination
We may suspend or terminate access to the Service if you violate these Terms or if required to protect the Service, users, or third parties.
12) Dispute resolution and arbitration
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court and to have claims decided by a judge or jury. It also includes a class action waiver.
12.1 Informal resolution
Before starting arbitration or a court proceeding, you agree to first contact us at support@winewingman.com and provide a brief written description of your issue and your contact information. The parties will attempt in good faith to resolve the dispute for at least 30 days.
12.2 Agreement to arbitrate
Except for the exceptions in Section 12.4, you and Vinometrics agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including its marketing, access controls, or subscriptions) will be resolved by binding arbitration on an individual basis, rather than in court.
12.3 Class action waiver
You and Vinometrics agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
12.4 Exceptions
- Small claims. Either party may bring an individual action in small claims court if the claim qualifies and remains in small claims court.
- Injunctive relief for IP and security. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) infringement, misappropriation, or violation of intellectual property rights, or unauthorized access to or misuse of the Service.
12.5 Arbitration rules, location, and fees
Arbitration will be administered by a reputable arbitration provider under its applicable consumer arbitration rules. The arbitration may be conducted by video, phone, or based on written submissions, unless an in-person hearing is required by the arbitrator. The seat (legal place) of arbitration will be Delaware, unless prohibited by applicable law. Payment of filing, administration, and arbitrator fees will be governed by the provider’s rules, and we will not seek to recover our attorneys’ fees from you unless the arbitrator determines your claim is frivolous.
12.6 Severability
If any part of this Section 12 is found unenforceable, the remainder will remain in effect. If the class action waiver in Section 12.3 is found unenforceable, then this entire arbitration section (Section 12) will be null and void.
12.7 Time limit to bring claims
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.
13) Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. To the extent a dispute is permitted to be brought in court (for example, under Section 12.4 or if arbitration is unenforceable), and unless prohibited by applicable law, you agree that any such dispute will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
14) Changes to these Terms
We may update these Terms from time to time. We will update the “Last updated” date and, where appropriate, provide additional notice.
15) Contact
Email: support@vinometrics.com
Company: NextGen Apps Pty Ltd