Terms of Use

1. Agreement Overview

These Terms of Use ("Terms") govern your access to and use of Sommy - WineCoach, a wine education platform provided by Damiano Gambitta, an individual (sole proprietor) resident in Switzerland, trading as "Sommy" ("we", "us"). By accessing or using our services, you agree to be bound by these Terms.

2. Age and Eligibility

Our services are intended for adults of legal drinking age in their country of residence. By using Sommy - WineCoach, you confirm that you are at least 18 years old (or the legal drinking age in your jurisdiction, whichever is higher). Our content promotes responsible enjoyment of wine and is directed exclusively at adults of legal drinking age.

3. Service Description

Sommy - WineCoach provides educational content about wine, including but not limited to courses, tasting guides, and related materials. All content is for educational purposes only and does not constitute professional or medical advice.

4. AI-Generated Content Disclaimer

Sommy - WineCoach uses artificial intelligence (Google Gemini) to analyze wine photos and provide tasting feedback. AI-generated analysis is intended for educational purposes only and may contain inaccuracies. You should not rely solely on AI-generated content for purchasing decisions, health advice, or professional wine assessments. We do not guarantee the accuracy, completeness, or reliability of AI-generated content.

5. User Responsibilities

• Use our services responsibly and in accordance with applicable laws
• Provide accurate information when creating an account or subscribing to our services
• Respect intellectual property rights and not reproduce our content without permission
• Not use our services for any unlawful or prohibited purpose
• Consume alcohol responsibly, if at all, in accordance with local laws and health guidelines

6. Intellectual Property

All content, trademarks, and materials on Sommy - WineCoach are owned by Sommy or our licensors. You may not copy, modify, distribute, or create derivative works without our explicit written permission.

7. Limitation of Liability

Nothing in these Terms excludes or limits our liability for (a) damage caused intentionally or by gross negligence (Art. 100 Swiss Code of Obligations), (b) death or personal injury caused by our negligence, or (c) any liability that cannot be excluded under the mandatory law of your country of residence, including your statutory remedies for lack of conformity of digital content. Subject to the above, we are not liable for indirect or consequential losses, and our total liability arising from the paid services is limited to the amount you paid in the 12 months preceding the event giving rise to the claim.

8. No Guarantees

Sommy - WineCoach provides educational content "as is" without warranties of any kind. We do not guarantee that our services will be error-free, secure, or continuously available. Wine education is subjective, and individual experiences may vary. If you are a consumer, this section does not affect your statutory rights.

9. User-Generated Content

If you submit content to Sommy - WineCoach (reviews, comments, etc.), you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display such content. You are responsible for ensuring your content does not violate any laws or third-party rights.

10. Affiliate Partnerships

Sommy - WineCoach may include affiliate links to wine retailers and related products. We may earn commission from purchases made through these links. This does not affect the price you pay or influence our educational content, which remains objective and independent.

11. Educational Purpose — No Sale of Alcohol

Sommy - WineCoach is an educational service. We do not sell or supply alcoholic beverages, and nothing in our services constitutes an offer to sell alcohol or an inducement to consume it. Our content emphasizes the cultural and educational aspects of wine appreciation and encourages responsible consumption.

12. Account Deletion

You may delete your account at any time through the app's Profile settings. Upon account deletion, we will delete your personal data, course progress, tasting notes, and achievements from our systems, except for limited data we must retain to comply with legal obligations or to establish, exercise or defend legal claims (see the Data Retention section of our Privacy Notice). Residual copies in encrypted backups and error logs are purged on their regular rotation cycles. This action cannot be undone. Firebase authentication credentials will also be removed.

13. Subscriptions, Auto-Renewal, and Billing

Sommy - WineCoach offers an optional auto-renewable premium subscription that unlocks premium features such as AI-assisted tasting and additional courses. The following terms apply to all subscriptions purchased through the Apple App Store:

• Subscription options: Premium is offered as a monthly or annual auto-renewable subscription. The exact title, duration, and price of each option are shown on the subscription screen in the app and confirmed by the App Store before you purchase.
• Payment: Payment is charged to your Apple App Store account when you confirm the purchase.
• Auto-renewal: Your subscription renews automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period.
• Renewal charge: Your account is charged for renewal within 24 hours before the end of the current period.
• Managing your subscription: You can manage or cancel your subscription at any time in your App Store account settings (Settings > your name > Subscriptions). Deleting the app or your account does not cancel your subscription.
• Free trial / introductory offer: Where a free trial is offered, any unused portion of the trial is forfeited when you purchase a subscription. Waitlist members may receive a 3-month free trial that automatically converts to an annual subscription at the then-current price unless cancelled at least 24 hours before the trial ends.
• Refunds: Purchases are processed by Apple. Refund requests are handled by Apple in accordance with the App Store terms; we are unable to issue App Store refunds directly.

14. Licensed Application End User License Agreement (EULA)

The Sommy - WineCoach mobile application is licensed, not sold, to you. Your license is subject to Apple's Licensed Application End User License Agreement (the "Standard EULA"), available at apple.com/legal/internet-services/itunes/dev/stdeula, as supplemented by these Terms. In the event of a conflict, these Terms govern except where the Standard EULA is required by Apple to control.

• You are granted a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the App Store Usage Rules.
• You may not copy, reverse-engineer, decompile, or create derivative works of the app except as permitted by law.
• Apple has no obligation to provide maintenance or support for the app; any such service is provided by Sommy.
• Apple and its subsidiaries are third-party beneficiaries of this license and may enforce it against you.

15. Termination

We may suspend or terminate your access with immediate effect if you materially breach these Terms (for example, unlawful use or infringement of our content). For any other reason, we may terminate only with at least 30 days' notice by email. If we terminate a paid subscription other than for your material breach, you will receive a pro-rata refund of the unused subscription period (via Apple where the purchase was made through the App Store, or by other means where that is not possible). You may stop using the services at any time; see Section 13 for how to cancel a subscription.

16. Governing Law and Jurisdiction

These Terms are governed by Swiss law. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence. You may bring proceedings in the courts of your place of domicile, and we may bring proceedings against you only there, as provided by the Lugano Convention and Art. 32/35 of the Swiss Civil Procedure Code. Subject to the foregoing, place of jurisdiction is the operator's domicile in Switzerland.

17. Changes to Terms

We may update these Terms for valid reasons such as changes in law, new features, or changes to our services. We will notify you of material changes at least 30 days before they take effect, by email or in-app notice, identifying what has changed. If you do not agree, you may terminate your subscription before the changes take effect (for App Store subscriptions, by cancelling in your Apple account settings); material changes will not apply retroactively to a subscription period you have already paid for. Non-material changes (e.g. clarifications) take effect on posting.

18. Contact Information

If you have questions about these Terms, please contact us at: