Terms - Vino Giulia

Effective Date: February 13, 2023

Introduction:

Welcome to the Vino Giulia (“Wine App”), a platform for discovering and learning about wine. These terms of service (the “Terms”) govern your access to and use of the Wine App, including any content, functionality, and services offered on or through the Wine App (collectively, the “Services”).

Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

Changes to Terms:

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

Access to Services:

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services. We reserve all rights not expressly granted to you in these Terms.

Eligibility:

The Services are intended for individuals who are of legal drinking age in their jurisdiction. By using the Services, you represent and warrant that you are of legal drinking age.

Subscription Information:

Our services are based on a subscription model, which can be obtained through the Apple and Google application stores. While the Vino Giulia application can be downloaded and used free of charge, unlimited access to several features (wine tasting notes and access to course materials) requires an auto-renewing subscription.

The pricing for subscriptions may vary depending on the location of purchase and the currency used. Different prices may be displayed based on your location. We reserve the right to modify or remove subscription plans and currencies.

Please be aware that subscription pricing for non-UK customers via the App Store or Google Play Store may differ due to fluctuations in exchange rates. As a result, subscription prices may vary between the website, App Store, and Google Play Store, compared to fixed UK pricing.

In-App Purchases

You can purchase a Vino Giulia App subscription using in-app purchases from external platforms, such as Apple Store and Google Play Store. The terms and conditions specified by the provider apply to all in-app purchases. All transactions are processed securely through the payment gateway used by the application store provider. If you have any billing or payment-related issues, you should contact the application store provider directly.

Free Trial

We may offer a free trial to new users, which is valid for a limited period, as specified on the day of sign-up. We reserve the right to modify or remove the free trial period at any time. If you do not cancel your subscription before the end of the free trial period, your subscription will automatically convert to a paid subscription, which is not eligible for a refund. Please note that any unused free trial periods cannot be extended and are only available to new users.

Cancellation

You have the option to cancel your subscription at any time, regardless of whether it is in the trial or active state. If you do not wish to continue your subscription, you must cancel it at least 24 hours before the start of the next billing period, or you will be charged for the following billing period. After you cancel your subscription, you will still have access to the Vino Giulia App until the end of the current billing period. Please note that refunds are not available.

Intellectual Property Rights:

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Wine App, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You hereby acknowledge that any unauthorized commercial use may violate copyright, trademark, and other laws.

Acceptable Use

User Content:

The Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text and photographs (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Services.

By making any User Content available through the Services, you grant to Wine App a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Wine App’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, releases, and permissions to use and to authorize Wine App to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content, to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Wine App’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, trademark, trade secret, copyright, or other proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Wine App reserves the right to remove any User Content from the Services at any time, for any reason or for no reason, including User Content that Wine App believes violates these Terms.

We have zero tolerance for the creation of offensive or inappropriate content in the form of written text or images. If such content is created, it will be removed immediately. In addition, if a user continues to create such content, the user’s account may be deleted without warning. We reserve the right to determine what constitutes offensive or inappropriate content.

Additionally, you should not share private or confidential information through the Service.

If we discover that you have engaged in such activities, we reserve the right to delete your account and notify the appropriate authorities. The Service may not be used for any illegal or unauthorized purposes. You are solely responsible for your behavior and any content that you upload, post, or display on or through the Service. You are not allowed to modify, change, or adapt the Service, or another website, in a way that falsely implies that it is associated with Wine App

Third-Party Websites and Services:

The Services may contain links to third-party websites and services that are not owned or controlled by Wine App. Wine App has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Wine App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

Disclaimers:

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WINE APP MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

WINE APP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES.

Limitation of Liability:

IN NO EVENT SHALL WINE APP, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, WINE APP’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification:

You agree to indemnify, defend, and hold harmless Wine App, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys’ fees, arising from or in connection with: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

Modification of Terms:

Wine App reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Wine App will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Wine App’s sole discretion.

By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Termination:

Wine App may, in its sole discretion, at any time terminate or suspend all or a portion of the Services, or your use of all or a portion of the Services, with or without notice and with or without cause.

Governing Law and Jurisdiction:

These Terms and your use of the Services shall be governed under the laws of England and Wales without regard to its conflict of law provisions.

Dispute Resolution:

In the event of any dispute arising out of or in connection with these Terms or the Services, the parties shall first try in good faith to resolve the dispute through negotiations. If the dispute cannot be resolved through negotiations, the parties shall resolve the dispute through arbitration in accordance with the rules of the International Chamber of Commerce.

General Terms:

These Terms constitute the entire agreement between you and Wine App regarding the use of the Services.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that these Terms and your use of the Services are governed under the laws of England and Wales. We each agree to submit to the personal jurisdiction of a court located in London, England.

In the event of any conflict between foreign laws, rules, and regulations, and the laws of England and Wales, the laws of England and Wales shall govern.

The failure of Wine App to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

In the event of any conflict between these Terms and any contract you have with Wine App, the terms of your contract will control.

Contact Information:

If you have any questions about these Terms, please contact Wine App at www.vinogiulia.com/contact