Terms of Use

The “Terms of Use” apply to all usage of VinoVoss services, including but not limited to, website, mobile application, data, APIs, and all content therein. By using or accessing VinoVoss services or associated content, you (the “User”) represent that (1) you have read, accepted, and agree to follow these Terms of Use, (2) the Terms of Use are legally binding, (3) you have the authority to enter into a legally binding contract.
By accessing VinoVoss services, you acknowledge that you are of legal drinking age, without restriction, in the jurisdiction in which you reside.

Changes

The content of the Terms of Use are subject to change by VinoVoss at any time without notification. It is the responsibility of the User to regularly check the Terms of Use for updates. The date of the most recent update will be displayed at the top of this page. Continued use of VinoVoss services implies agreement to any and all updated Terms of Use.

Service Use

When interacting with VinoVoss services, you must act in good faith. You are not permitted to cause harm to VinoVoss searches, networks, or any connected systems. Reverse engineering, decompiling, tampering, bypassing security measures, or using any part of VinoVoss services or associated content in a way that infringes on intellectual property rights is strictly prohibited. You cannot sell, rent, or sublicense any part of the services or content without prior explicit written permission from VinoVoss. Sharing your password or using another person's email and password is not allowed. You may not artificially inflate ratings, reviews, or counts through scripted or automated processes. Unsolicited mass messages or other forms of spam may not be sent or posted using, directly or indirectly, any VinoVoss services or affiliated services. The use of unauthorized automated means to access VinoVoss services or associated content is strictly forbidden.

Registration

Registration is not required to access VinoVoss services, but some features are available only to registered users. Registration includes account creation with an email and password, or connecting a third party account, such as Google or Facebook. By registering with VinoVoss, you represent that the email or connected third party account is solely yours, and that any information associated with the registration, including but not limited to name and date of birth, are true and accurate, and that you will be the sole User of the created VinoVoss account. You are solely responsible for maintaining the confidentiality and security of your password or connected third party account, and for all activity on your registered VinoVoss account. If your username or password is lost, stolen, or you suspect unauthorized access, notify VinoVoss in writing and change your password immediately. VinoVoss reserves the right to suspend or terminate your account at any time without notification for reasons including but not limited to, violating the Terms of Use, infringing on the rights or enjoyment of other Users, or noncompliance with any laws or regulations. Account termination by VinoVoss or by User will result in permanent loss of access by User to all User account data. VinoVoss reserves the right to retain anonymized data associated with voluntarily terminated accounts, and non-anonymized data with involuntarily terminated accounts, if such involuntary termination was the result of a breach or suspected breach of Terms of Use.

User Content

Users have the option of contributing content to the VinoVoss platform in the form of ratings, reviews, notes, and feedback. It is the sole responsibility of the User to ensure that their posted content is legal, relevant, original and free of copyright, appropriate and non-offensive, and true or in good faith. You acknowledge that VinoVoss has no obligation to screen User content. All User content is the sole responsibility of the User. You acknowledge that VinoVoss has the right to remove User content at any time without notification, if such content violates or is suspected of violating the Terms of Use. Abusing User content features to create spam, product promotion, ratings manipulation, or other unauthorized applications, is strictly forbidden, and will result in removal and permanent account termination.

Grant of License

When you post or upload your content on VinoVoss, you are granting VinoVoss an irrevocable license to use, copy, edit, reproduce, distribute, and display your content. This license is worldwide, non-exclusive, royalty-free, sub-licensable, and transferable. You also confirm that you have the right to grant this license and that your content does not infringe on any third party's intellectual property rights including but not limited to, copyrights, privacy rights, publicity rights, or contract rights.

Disclaimer of Warranties

VinoVoss services and associated content are provided “as is” and “as available” without any promises, guarantees, representations, or warranties of any kind whatsoever. You understand and agree that VinoVoss does not guarantee the accuracy of its content or services. Your use of VinoVoss services is solely at your own risk. Neither VinoVoss nor its affiliates guarantee that the VinoVoss services, software, platform, or application are free of malware or other harmful components. VinoVoss does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party on, by, or through VinoVoss services or any linked or otherwise associated website, platform, service, business, application, software, retailer, source, repository, or similar. VinoVoss does not guarantee that a listed product is in stock or offered at the price shown on VinoVoss.

Limitation of Liability

To the fullest extent allowed by law, VinoVoss and all its affiliates, subsidiaries, successors, assignees, employees, agents, directors, shareholders, officers, and similar, past and future, will not be liable for any loss or damage, direct or incidental, of any nature, including but not limited to, data, profit, production, business, costs, goods, or services, that may arise in connection to the use of VinoVoss services, changes to those services, inability to access those services, or inaccuracies or defects in those services or associated content. VinoVoss will not be held liable for any defect or failure of any system used to track click-through data. You agree that the only recourse, to the fullest extent allowed by law, to any problems or dissatisfaction you may have with VinoVoss or its services, is to uninstall any VinoVoss software and stop using VinoVoss services.

Term and Termination

Agreement to the Terms of Use commences upon acceptance of the Terms of Use, which is constituted by the use of VinoVoss services, and will remain in effect in perpetuity unless terminated. Agreement to the Terms of Use may be terminated at any time by either the User or by VinoVoss or its agents. You may terminate agreement to the Terms of Use at any time by providing written notice to VinoVoss and discontinuing use of VinoVoss services. VinoVoss may terminate or suspend access to VinoVoss services at any time at its sole discretion without notification and without providing justification. You agree that the perpetual license you have granted to VinoVoss for User content is irrevocable and will continue in full force regardless of termination of User account or termination of User agreement to the Terms of Use or cessation of use of VinoVoss services by the User. If you have a subscription and terminate agreement to the Terms of Use before the subscription period has ended, VinoVoss cannot refund any remaining portion of the subscription.

Dispute Resolution

VinoVoss cannot be held responsible for any disputes or issues that arise between a User and third party merchants, advertisers, suppliers, or brands. VinoVoss is not a party to any sale or transaction between User and any third party featured, linked, listed, recommended, or otherwise indicated by VinoVoss services or associated content. If a User purchases from a merchant by way of a listing on VinoVoss, the transaction is solely between the User and merchant, and VinoVoss is not responsible for any damages incurred by either User or merchant. VinoVoss cannot be held responsible for any failed or unsatisfactory transactions. You agree to release VinoVoss from any claims or damages of any kind arising from such disputes. You agree that any dispute or claim not waived through agreement to the Terms of Use shall be resolved by binding arbitration and not by a court. You agree that any such arbitration will be conducted by an arbitrator selected by VinoVoss, and will be final and binding, without option for further recourse. You hereby waive any rights to lawsuit or to trial by judge or jury.

Indemnification

You agree to protect and compensate VinoVoss, to the maximum extent allowed by law, from any losses, damages, or expenses, including but not limited to legal fees and associated costs, that may arise from your violation of the Terms of Use, your use of VinoVoss services, or your infringement of any laws, regulations, or third party rights.

Assignment

VinoVoss has the right to transfer the Terms of Use and the User agreement thereto, or any portion thereof, as well as delegate any of its responsibilities under the Terms of Use, without notification. The User may not assign, transfer, or sublicense the Terms of Use, or agreement thereto, or portion thereof, to any third party.

Third Party Services

VinoVoss services may allow you to access services, information, content, or features provided by third parties. These external services have their own terms and conditions of use and their own privacy policies. You acknowledge that VinoVoss does not take responsibility for the actions, features, or content of any third party services, nor for any transaction you may conduct with an affiliated third party. It is your responsibility to review the third party terms of use, privacy policies, and other applicable terms governing use of those third party entities. Access and use of these third party entities is done solely at your own risk, and any issues or disputes arising from such are solely between you and the third party.

Advertising

VinoVoss does not endorse, warranty, or review or ensure the accuracy or quality of any products, services, brands, companies, individuals, or messages advertised on VinoVoss. Advertisers cannot use the VinoVoss name or logo without prior express written permission. Any advertisement that can be mistaken for editorial content must have the word "advertisement" clearly stated. VinoVoss has the right to cancel any advertisement at any time for any reason. Advertisers are responsible for ensuring that their advertisement complies with all relevant laws, regulations, and codes of practice. Advertisers are responsible for ensuring that their advertisement does not contain any false, misleading, or libelous information, infringe upon any third party's rights, or violate any laws. Both the advertising agency and advertiser must indemnify VinoVoss against any claims arising from the content of the advertisement, including claims of trademark infringement, copyright infringement, libel, and misrepresentation. VinoVoss is not responsible for any delays or failures in publishing an advertisement. VinoVoss cannot guarantee the specific position of advertisements on its platforms and is not responsible for any failure to meet placement requirements. If VinoVoss is held legally responsible for any act, error, or omission, the liability will be limited to the cost of the advertising space affected. VinoVoss will not be liable for any indirect, special, consequential, or incidental damages, including but not limited to, lost profits, incurred costs, legal fees, time, or missed opportunity. The advertising agency that places an advertisement must have the authorization of the advertiser to do so. The agency and advertiser will be jointly and severally liable for payment of all invoices arising from advertising on VinoVoss. Payment for each placement must be made in advance of the placement date. VinoVoss may extend credit to an advertising agency or advertiser at the sole discretion of VinoVoss. Payment is due within 30 working days of the invoice date. VinoVoss may suspend the insertion of advertisements if payment is overdue. VinoVoss reserves the right to change advertising rates and conditions without notice.

Abstract Data

VinoVoss has the authority, within the limits allowed by relevant laws, to monitor and record user activity across VinoVoss services and associated platforms. VinoVoss may use this information to create anonymized aggregate reports ("Abstract Data"), such as lists of top search queries and popular products, and user behavior meta analysis. These abstract reports may be shared or sold to third parties. By using VinoVoss services, you acknowledge and accept that VinoVoss retains exclusive ownership of all rights, including intellectual property rights, of Abstract Data. Any rights over Abstract Data not specifically granted in these Terms of Use are nevertheless reserved by VinoVoss.

Governing Law

VinoVoss is a product of BetterAI LLC, a Delaware Limited Liability Company. These Terms of Use shall be governed and construed in accordance with the laws of the United States of America and the state of Delaware. By using VinoVoss services, you irrevocably waive, to the fullest extent allowed by Governing Law, your right to court proceedings in relation to any disputes that may occur between you and VinoVoss or its affiliates, and instead irrevocably agree to binding arbitration, as outlined in the Dispute Resolution section of these Terms of Use.