This website and any other websites of Fluid Mind US Inc. (collectively, the “Website”), the Wine Pro mobile application (the “App”), and the information on it, and the services and resources available or enabled via the Website and App (each a “Service” and collectively, the “Services”) (each Website, App, and Service is a “Wine Pro Asset”) are controlled by Fluid Mind US Inc. (“Wine Pro”). These terms of use ("Terms") govern the use of the Wine Pro Assets and apply to all users visiting the Wine Pro Assets. By signing in, accessing data, or otherwise using the Services and Wine Pro Assets, you are confirming that you have read and understood these Terms and are entering into a binding agreement with Wine Pro, represent you are of legal age to enter into the Terms and agree to be bound by the Terms. You agree not to use the Wine Pro Services for any purpose that is fraudulent, illegal, discriminatory, or in any way brings Wine Pro into disrepute. If your use of the Services breaches any of these Terms, Wine Pro reserves the right to revoke your access without notice.Wine Pro operates in a changing regulatory and technological environment; accordingly, Wine Pro may amend these Terms from time to time. Occasionally, Wine Pro may need to make urgent changes. Wine Pro reserves the right to amend these Terms at any time, and without notice. Continued use of the Services will constitute your acceptance of the revised Terms. The date of the last modification is stated at the end of these Terms.
1. App License
Subject to your compliance with the Terms, Wine Pro grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a single mobile device or computer that you own or control, and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store or Google Play Store, you will only use the App as permitted by the “Usage Rules” set forth in the respective App Store Terms of Service.
2. UpdatesYou understand that the Wine Pro Assets are evolving. As a result, Wine Pro may require you to accept updates to the Wine Pro Assets that you have installed on your computer or mobile device. You acknowledge and agree that Wine Pro may update the Wine Pro Assets with or without notifying you. You may need to update third-party software from time to time in order to use the Wine Pro Assets.
3. Certain Restrictions The rights granted to you in the Terms are subject to the following restrictions: • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Wine Pro Assets or any portion of the Wine Pro Assets, including the Website. • You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Wine Pro Assets (including images, text, page layout, or form). • You shall not use any metatags or other “hidden text” using Wine Pro’s name, trademarks, or service marks. • You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Wine Pro Assets, except to the extent the foregoing restrictions are expressly prohibited by applicable law. • You shall not develop or use any manual or automated software, devices, or other processes (including but not limited to scripts, browser plugins, spiders, robots, scrapers, crawlers, data mining tools, or the like) to scrape, access, download, duplicate, replicate, reproduce, or otherwise copy data, content, or information from any pages contained in the Wine Pro Assets, or attempt to obtain the source code of the Wine Pro Assets. • You shall not use, or attempt to use, any device or process designed to circumvent any technological measure that controls access to the Wine Pro Assets, including, without limitation, software designed to “scrape” data or jailbreaking Wine Pro's AI systems. • Except as expressly stated herein, no part of the Wine Pro Assets may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. • You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Wine Pro Assets. • Wine Pro may implement usage and rate limiting on its Services at any time, without notice.
4. Fair Use PolicyYou agree that: • All communications made by you through Wine Pro to merchants or other users shall be made in good faith. • You may not damage, interfere with, or harm Wine Pro searches, or any network or system underlying or connected to it. • You may not reverse engineer, decompile, or disassemble, tamper with, or bypass any security associated with the Services in whole or in part. • You may not copy, redistribute, or display any part of Wine Pro’s content that infringes intellectual property rights. • You may not sell, rent, or sub-license any part of the Services or the content without express permission from Wine Pro. • You will not artificially increase ratings, reviews, or counts by manipulating the Services using a script or automated process. • You will not initiate unsolicited mass emails (‘spam’) through any contact forms on Wine Pro. • You may not use a robot, spider, scraper, or other unauthorized automated means to access the Services or information featured on it for any purpose. • You agree that the AI features provided by Wine Pro are to be used solely for inquiries that are related to and relevant to wine and the wine industry. You shall not attempt to jailbreak, manipulate, or otherwise misuse the AI to engage in activities beyond its intended scope.
5. Registration
5.1 Registering Your Account In order to access certain features of the Wine Pro Assets, you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or App (“Account”) or has connected their third-party account to the Services, such as through Apple or Google (each such account, a “Third-Party Account”).
5.2 Access Through a Third-Party Account If you access the Wine Pro Assets through a Third-Party Account as part of the functionality of the Wine Pro Assets, you may link your Account with Third-Party Accounts by allowing Wine Pro to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
5.3 Registration Data In registering an account on the Website or App, you agree to: • Provide true, accurate, current, and complete information about yourself as prompted by the registration form (“Registration Data”); and • Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
5.4 Your Account Responsibilities and Representations When you register to use the Services or Wine Pro Assets, you represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Wine Pro Assets under the laws of the United States, your place of residence, or any other applicable jurisdiction.
You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to: • Notify Wine Pro immediately of any unauthorized use of your password or any other breach of security; and • Exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Wine Pro has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Wine Pro has the right to suspend or terminate your Account and refuse any and all current or future use of the Wine Pro Assets (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or Third-Party Account at any given time. Wine Pro reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Wine Pro Assets if you have been previously removed by Wine Pro or if you have been previously banned from any of the Wine Pro Assets.
Your Account is subject to usage and rate limits.
5.5 Deleting an Account Deleting an account is a permanent action and removes all personal information at Wine Pro. If you are a paid subscriber, deleting your account will cancel any paid subscription agreement before the end of its term and Wine Pro will be unable to offer a refund for any unexpired period of your subscription.
6. Responsibility for Content
6.1 Types of Content You acknowledge that all Content, including that available via the Wine Pro Assets, is the sole responsibility of the party from whom such Content originated. This means that you, and not Wine Pro, are entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available (“Make Available”) through the Wine Pro Assets, including any content generated by the AI features of the Wine Pro Assets (“Your Content”), and that you and other Registered Users of the Wine Pro Assets, and not Wine Pro, are similarly responsible for all Content that you and they Make Available through the Wine Pro Assets (“User Content”).
6.2 No Obligation to Pre-Screen Content You acknowledge that Wine Pro has no obligation to pre-screen Content (including, but not limited to, User Content), although Wine Pro reserves the right in its sole discretion to pre-screen, refuse, or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring; provided that, Wine Pro’s use of such Content will be subject to its privacy policy. In the event that Wine Pro pre-screens, refuses, or removes any Content, you acknowledge that Wine Pro will do so for Wine Pro’s benefit, not yours. Without limiting the foregoing, Wine Pro shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Wine Pro.
6.3 Storage Unless expressly agreed to by Wine Pro in writing elsewhere, Wine Pro has no obligation to store any of Your Content that you Make Available on Wine Pro Assets. Wine Pro has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Wine Pro Assets.
7. Intellectual Property
7.1 Wine Pro Assets Except with respect to Your Content and User Content, you agree that Wine Pro and its suppliers own all rights, title, and interest in the Wine Pro Assets. You will not remove, alter, or obscure any copyright, trademark, service mark, trade dress, or other proprietary rights or notices incorporated in or accompanying any Wine Pro Assets.
7.2 Trademarks The name “Wine Pro” and "AI Sommelier" and all related graphics, logos, and trade names used on or in connection with any Wine Pro Assets or in connection with the Services are service marks, trademarks, or trade dress of Wine Pro and may not be used without permission in connection with your, or any third party’s, products or services. Other trademarks, service marks, trade names, and trade dress that may appear on or in the Wine Pro Assets are the property of their respective owners.
7.3 Feedback You agree that submission of any ideas, suggestions, documents, and/or proposals to Wine Pro through its suggestion, feedback, wiki, forum, Discord, or similar pages (“Feedback”) is at your own risk and that Wine Pro has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Wine Pro a fully paid, royalty-free, non-exclusive, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner any and all Feedback and to sublicense the foregoing rights in connection with the operation and maintenance of the Wine Pro Assets and/or Wine Pro’s business.
7.4 Ownership of Your Content You retain ownership of any content you submit to Wine Pro or any content generated by the AI features of the Wine Pro Assets. By submitting Your Content, you grant Wine Pro a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of marketing, operating, and providing the Wine Pro Assets and Wine Pro’s other products and services. Without limiting the foregoing, you acknowledge and agree that Wine Pro may, without further compensation, use, market, distribute, transmit, display, perform, reproduce, modify, create derivative works of, translate, and otherwise exploit your wine ratings, reviews, comments, user name, photos, images, and other content that you Make Available on the Wine Pro Assets in any manner and in any medium, either directly or indirectly, through one or more third parties. Please remember that other Registered Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Wine Pro Assets. You represent and warrant that you own or have sufficient rights to provide Wine Pro the rights granted herein. Without limiting the foregoing, you warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further represent, warrant, and covenant that you will not Make Available any Content featuring or displaying any other person’s name, image, or likeness without having obtained all necessary consents, and that you will immediately notify Wine Pro of any failure to do so. You agree that you, not Wine Pro, are responsible for all of Your Content that you Make Available on or in the Wine Pro Assets.
8. User Conduct and Acceptable ContentAs a condition of use, you agree not to use the Wine Pro Assets for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third party to) take any action or make Available any Content on or through the Wine Pro Assets that: • Infringes any patent, trademark, service mark, trade dress, trade secret, copyright, right of publicity, or other right of any person or entity; • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; • Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail; • Involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without Wine Pro’s prior written consent; • Impersonates any person or entity, including any employee or representative of Wine Pro; • Interferes with or attempts to interfere with the proper functioning of the Wine Pro Assets or uses the Wine Pro Assets in any way not expressly permitted by these Terms; or • Attempts to engage in, or engages in, any potentially harmful acts that are directed against the Wine Pro Assets.
9. AI Features
9.1 Use of AI Features You acknowledge and agree that the AI features provided by Wine Pro are intended solely for informational and entertainment purposes related to wine and the wine industry. You shall not use the AI to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. You shall not attempt to manipulate, override, or circumvent any limitations placed on the AI, including but not limited to attempting to “jailbreak” the AI or use it for purposes outside its intended scope.
9.2 AI System Information and LimitationsThe AI features provided by Wine Pro utilize advanced artificial intelligence systems designed to offer information and insights related to wine and the wine industry. While Wine Pro strives to ensure the accuracy and reliability of the AI outputs, you acknowledge that AI technology has inherent limitations. The AI may occasionally generate incorrect, incomplete, or misleading information (“hallucinations”).Wine Pro does not guarantee the accuracy, completeness, or usefulness of any information generated by the AI. The AI-generated content is provided for informational and entertainment purposes only and should not be relied upon as professional advice. You are encouraged to verify any critical information independently.
10. IndemnificationTo the fullest extent permitted by applicable law, you agree to indemnify and hold Wine Pro, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Wine Pro Party” and collectively, the “Wine Pro Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: • Your Content; • Your use of, or inability to use, any Wine Pro Property; • Your use of AI-generated content, including any claims of intellectual property infringement or other harm resulting from such use; • Your violation of the Terms; • Your violation of any rights of another party, including any Registered Users; or • Your violation of any applicable laws, rules, or regulations.
11. Disclaimer of Warranties
Wine Pro makes the Wine Pro Assets and its Services available as a convenience to its Users. Wine Pro does not claim that the information the Wine Pro Assets is appropriate to your jurisdiction or that the products described on them will be available for purchase in all jurisdictions.You assume all responsibility and risk with respect to your use of the Wine Pro Assets, which is provided “AS IS.” YOUR USE OF THE WINE PRO ASSETS IS AT YOUR SOLE RISK, AND THE WINE PRO ASSETS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WINE PRO DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WINE PRO ASSETS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE WINE PRO ASSETS, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WINE PRO DOES NOT WARRANT THAT THE WINE PRO ASSETS OR THEIR FUNCTIONS OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WINE PRO MAKES NO WARRANTY THAT THE WINE PRO ASSETS WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WINE PRO ASSETS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WINE PRO ASSETS, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WINE PRO ASSETS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WINE PRO ASSETS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.IN NO EVENT SHALL WINE PRO, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WINE PRO ASSETS OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WINE PRO ASSETS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF WINE PRO OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINE PRO'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO WINE PRO DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO WINE PRO'S LIABILITY.YOU UNDERSTAND THAT THE AI FEATURES ARE PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, ARE NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE OR RECOMMENDATIONS, AND THEY MAY PRODUCE CONTENT THAT IS INACCURATE OR MISLEADING. YOU SHOULD NOT RELY ON THE AI-GENERATED CONTENT WITHOUT INDEPENDENT VERIFICATION. ANY RELIANCE ON THE AI-GENERATED CONTENT IS AT YOUR OWN RISK. WINE PRO DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE AI-GENERATED CONTENT.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the British Virgin Islands (BVI).
In the event of a dispute arising out of, in connection with, or relating to the interpretation, performance, or breach of our or your obligations or duties relating to your use of the Services (“Dispute“), there may be a risk of public disclosure of confidential information if such a Dispute is litigated in court. In order to avoid such public disclosure, you agree that, at our option, any Dispute (other than a regulatory complaint) may be settled by confidential binding arbitration administered by the BVI International Arbitration Centre (“BVI IAC”) in accordance with the BVI IAC Arbitration Rules currently in force. The law of this arbitration clause shall be BVI law. The place of arbitration shall be Road Town, Tortola, BVI, unless the Parties agree otherwise. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English. In the event we cannot agree on the identity of an arbitrator, the arbitrator will be selected by the Chief Executive Officer of the BVI IAC drawing only from the accredited international panel of arbitrators registered with the BVI IAC. For the purposes of this clause, a regulatory complaint is any complaint to the BVI General Legal Council.
13. Miscellaneous
13.1 Entire AgreementThese Terms together with Wine Pro’s Privacy Policy and Cookies Policy constitute the entire agreement between you and Wine Pro with respect to your use of the Services and supersede any prior agreement between you and Wine Pro.
13.2 AssignmentThese Terms are not intended to give rights to anyone except you and Wine Pro. Wine Pro may assign the Terms or any part of it, and Wine Pro may delegate any of its obligations under the Terms. You may not assign the Terms or any part of it, nor transfer or sub-license your rights under the Terms, to any third party.
13.3 SeverabilityIf any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
13.4 WaiverAny waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.5 Electronic Communications
The communications between you and Wine Pro may take place via electronic means, whether you visit the Wine Pro Assets or send Wine Pro e-mails, or whether Wine Pro posts notices on the Wine Pro Assets or communicates with you via e-mail. For contractual purposes, you consent to receive communications from Wine Pro in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Wine Pro provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
13.6 Survival
All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitation of liability.
14. Termination
Wine Pro may, at its discretion, terminate or suspend access to the Services or the Wine Pro Assets at any time without notice. If you have a subscription and terminate these Terms before the end of such subscription, Wine Pro will be unable to offer any refund for any unexpired period of your subscription.
Contact Information
If you have any questions, please contact Wine Pro at info@winepro.ai or at the address below:
Fluid Mind US Inc.251 Little Falls DriveWilmington, New Castle CountyDelaware 19808, USA
Last Updated: December 2, 2024
