Terms of Service

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.

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.

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.

Som offers a free trial model and paid subscription plans. New users receive a seven (7) day free trial with full access to all features, no credit card required. After the trial period expires, 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.

Lifetime Access Plan: If offered, the Lifetime Access plan grants access to the Service for the operational lifetime of the Service, defined as the period during which the Service is actively maintained and available. The Lifetime Access plan does not guarantee perpetual availability, uptime, or uninterrupted service. We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice. In the event of permanent discontinuation, Lifetime Access holders will receive at least ninety (90) days' notice and the ability to export their data. Lifetime Access fees are non-refundable upon purchase.

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.

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.

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.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to transmit malware, spam, or other harmful content
• Scrape, harvest, or collect data from the Service through automated means without our express written consent
• Resell, sublicense, or commercially exploit the Service or its content
• Impersonate any person or entity
• Use the Service to promote the sale of alcohol to minors

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.

The following names, logos, and marks are trademarks or service marks of Som (collectively, the "Marks"): 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.

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.

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.

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 not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in the State of Delaware or remotely via videoconference, at your election.

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.

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.

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.

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.

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.