Terms of Service — SommelAI (v1.0)

Last updated: April 20, 2026


1. Acceptance

By accessing or using the SommelAI mobile application (the “App”), you agree to these Terms of Service (“Terms”). If you do not agree, do not use the App.

These Terms constitute a legally binding agreement between you and SommelAI, LLC (“SommelAI,” “we,” “us,” “our”).


2. Eligibility

You must be at least 21 years old to use the App.

When using the App as an anonymous user, you must confirm that you are at least 21 years old. When creating an account, you must provide your date of birth, and the App will verify that you are at least 21.

Providing a false date of birth to circumvent age restrictions is a violation of these Terms and grounds for immediate termination of your account.


3. Account Terms

a. Account Creation

You may use the App anonymously with limited functionality, or create an account for full access. Accounts may be created using:

When creating an account, you must provide accurate and complete information, including your real date of birth.

b. Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

We are not liable for losses arising from unauthorized use of your account.

c. One Account Per Person

You may maintain only one account. Creating multiple accounts to circumvent usage quotas or for any other purpose is prohibited and grounds for termination of all associated accounts.

d. Account Termination

We may suspend or terminate your account at any time, with or without cause or notice. You may request deletion of your account by emailing support@thesommelai.com.

Upon termination:


4. Informational Use Only

SommelAI provides informational wine discovery and recommendation content only.

SommelAI does not sell alcohol, does not encourage excessive alcohol consumption, and assumes no responsibility for user behavior related to alcohol.

Please drink responsibly and in accordance with applicable laws.


5. Features and Usage Limits

The App’s features and usage limits may change at any time. Current limits include:

Features may be added, modified, or discontinued without notice. We are not obligated to maintain any specific feature or functionality.


6. User Content

You retain ownership of content you submit to the App (“User Content”), including:

By submitting User Content, you grant SommelAI a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, store, reproduce, modify, create derivative works from, analyze, and otherwise process such content for purposes including:

This license survives termination of your account or these Terms.

You represent and warrant that:


7. Prohibited Use

You agree not to:


8. Intellectual Property

All intellectual property rights in the App—including software, design, trademarks, logos, and content (excluding User Content)—are owned by SommelAI or our licensors.

You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the App without our prior written consent.

“SommelAI” and associated logos are trademarks of SommelAI, LLC. You may not use our trademarks without prior written permission.


9. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

YOUR USE OF THE APP IS AT YOUR OWN RISK.


10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOMMELAI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


11. Indemnification

You agree to indemnify, defend, and hold harmless SommelAI and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:


12. Arbitration and Governing Law

a. Binding Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or the App (“Dispute”) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration shall take place in the State of Colorado or, at your election, by telephone, video conference, or online. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

b. Class Action Waiver

YOU AND SOMMELAI AGREE THAT DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER AS A PLAINTIFF, CLASS MEMBER, OR OTHERWISE.

c. Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@thesommelai.com within 30 days of first using the App. Your notice must include sufficient information to identify your account (such as your email address or Account ID). If you opt out, you may pursue Disputes in court, subject to applicable jurisdictional requirements.

d. Exceptions

Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

e. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of laws principles.


13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other reasonable means. The “Last updated” date at the top indicates when the Terms were last revised.

Continued use of the App after changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.


14. General Provisions

a. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and SommelAI regarding the App and supersede all prior agreements.

b. Severability

If any provision of these Terms is found unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

c. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

d. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

e. No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.


15. Contact

Questions or concerns about these Terms:

support@thesommelai.com


Document Version: 1.0