Terms of Service

Last Updated: February 7, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Som ("Company," "we," "us," or "our") governing your access to and use of the Som mobile application, website, and all related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Material changes will be communicated via in-app notification or email at least thirty (30) days prior to taking effect. Your continued use of the Service after such notice constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Service before the effective date.

2. Eligibility

The Service is intended for individuals who are at least twenty-one (21) years of age or the legal drinking age in their jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet this age requirement. The Service is designed for personal, non-commercial use in managing wine and spirits collections. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

3. Account Registration and Security

To access certain features of the Service, you must create an account using our authentication provider. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

4. Subscription and Payment Terms

Som offers a freemium model with limited functionality and paid subscription plans. New users receive three (3) complimentary AI sommelier scans. After exhausting complimentary scans, continued access to scanning and AI sommelier features requires an active paid subscription.

Subscription Plans: We offer two subscription tiers: (a) Monthly at $10.00 per month; and (b) Annual at $79.00 per year. All prices are in U.S. dollars and are subject to change with thirty (30) days' prior notice. Price changes do not affect active subscription periods already paid for.

Billing: Monthly and Annual subscriptions are billed in advance on a recurring basis through Stripe, Inc., a PCI DSS Level 1 certified payment processor. We do not store, process, or have access to your full payment card details.

Automatic Renewal: Monthly and Annual subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access until that date.

No-Refund Policy: All subscription fees are non-refundable after your first three (3) complimentary uses have been consumed and a paid subscription has been purchased. By completing a purchase, you acknowledge and agree that no refunds will be issued under any circumstances, except as required by applicable law. This includes, but is not limited to, partial-period refunds, pro-rata refunds, and refunds for unused features.

5. Description of Service

Som provides a digital wine and spirits collection management platform with AI-powered features including, but not limited to: bottle label scanning and recognition, collection inventory management, AI sommelier analysis, critic score aggregation, drink window assessment, market pricing estimates, and consumption logging.

AI-Generated Content Disclaimer: Scores, reviews, pricing estimates, drink window assessments, and other AI-generated content are provided for informational and entertainment purposes only. They represent algorithmic estimates based on publicly available data and should not be construed as professional appraisals, investment advice, or guarantees of quality, value, or authenticity. We make no representation or warranty regarding the accuracy, completeness, or reliability of AI-generated content.

Pricing Estimates: Estimated market values displayed in the Service are approximate and derived from publicly available data sources. They do not constitute formal appraisals and should not be relied upon for insurance, sale, or investment purposes. Actual market values may vary significantly.

6. User Content and Data

You retain ownership of all content you submit to the Service, including photographs, tasting notes, ratings, and collection data ("User Content"). By submitting User Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service.

You represent and warrant that you own or have the necessary rights to submit User Content and that your User Content does not violate any third-party rights or applicable law. We reserve the right to remove User Content that violates these Terms.

7. Acceptable Use

You agree not to: (a) use the Service for any unlawful purpose or in violation of any applicable law; (b) attempt to gain unauthorized access to the Service or its related systems; (c) interfere with or disrupt the integrity or performance of the Service; (d) use the Service to transmit malware, spam, or other harmful content; (e) scrape, harvest, or collect data from the Service through automated means without our express written consent; (f) resell, sublicense, or commercially exploit the Service or its content; (g) impersonate any person or entity; or (h) use the Service to promote the sale of alcohol to minors.

8. Intellectual Property

The Service, including its design, features, functionality, code, and all related intellectual property, is owned by Som and protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and international jurisdictions. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

8A. Trademarks

The following names, logos, and marks are trademarks or service marks of Som (collectively, the "Marks"): Som™, Som™, Cellar Showdown™, Cellar Story™, and the Som logo and design elements. All other trademarks, service marks, trade names, and logos appearing on the Service are the property of their respective owners.

You may not use, reproduce, display, or distribute any of the Marks without our prior written consent. Unauthorized use of the Marks may constitute trademark infringement, unfair competition, and/or a violation of applicable law. You agree not to:

  • Use any Mark or confusingly similar variation as a domain name, social media handle, business name, product name, or service name
  • Register or attempt to register any trademark, domain name, or social media account that incorporates or is confusingly similar to any of the Marks
  • Use any Mark in any manner that suggests sponsorship, endorsement, or affiliation with Som without our express written authorization
  • Modify, alter, or create derivative works based on any of the Marks
  • Use any Mark in connection with any product or service that is likely to cause confusion, deception, or mistake as to the source, sponsorship, or affiliation of such product or service

Som actively monitors and enforces its trademark rights. We reserve the right to take all appropriate legal action against any unauthorized use of the Marks, including but not limited to seeking injunctive relief, damages, and attorneys' fees.

9. Third-Party Services

The Service integrates with third-party services including, but not limited to, Stripe for payment processing and OAuth providers for authentication. Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING AI-GENERATED CONTENT, PRICING ESTIMATES, AND DRINK WINDOW ASSESSMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOM.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) FIFTY DOLLARS ($50.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless Som and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

13. Dispute Resolution

Informal Resolution: Before filing any formal proceeding, you agree to first contact us and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

Small Claims Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

14. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. You may request export of your data within thirty (30) days of termination by contacting us. Provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund Policy, and any other policies referenced herein, constitute the entire agreement between you and Som regarding the Service and supersede all prior agreements, representations, and understandings.

18. Contact Information

For questions about these Terms, please contact us at:
Som Legal
Email: [email protected]