WINESHAPES

Terms of Service

Effective date: September 28, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT OR USING THE WINESHAPES APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Acceptance of Terms and App Store EULA

These Terms of Service ("Terms") constitute a legally binding agreement between you and WineShapes LLC, a California limited liability company ("WineShapes," "we," "our," or "us"), governing your access to and use of the WineShapes mobile application and all related services (collectively, the "Service"). These Terms incorporate by reference our Privacy Policy.

You acknowledge that: (a) these Terms are between you and WineShapes only, not Apple; (b) Apple has no obligation to provide maintenance or support for the App; (c) Apple is not responsible for any claims relating to the App; and (d) Apple is a third-party beneficiary of these Terms and may enforce them against you. Apple's standard End User License Agreement also applies to your use of the App and is available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

2. Eligibility and Age Requirement

YOU MUST BE 21 YEARS OF AGE OR OLDER TO USE WINESHAPES. This is an absolute requirement with no exceptions.

To use the Service you must also: (a) be located in the United States; (b) have the legal capacity to enter into a binding agreement; and (c) not be prohibited from using the Service under applicable law. By using the Service, you represent and warrant that you meet all eligibility requirements. The Service is not available to residents of the European Union, European Economic Area, or United Kingdom at this time.

3. Age Confirmation and Alcohol-Related Content

The Service provides wine recommendation, education, and palate profiling functionality and is intended exclusively for adults 21 years of age or older. Before registering, you must confirm that you are 21 or older by tapping the confirmation provided in the App. Providing a false age confirmation to gain access to the Service will result in immediate termination of your account without notice.

Account holders are solely responsible for ensuring that minors do not access the App on their devices. WineShapes does not sell alcohol. Any purchase of wine facilitated through links or integrations within the Service is a transaction solely between you and the applicable retailer or producer, subject to their terms and to applicable alcohol beverage control laws in your jurisdiction. All users accessing third-party wine commerce links through the Service must be 21 years of age or older. By clicking any such link, you represent that you meet the age requirements of the destination site and of applicable alcohol beverage control laws in your jurisdiction. The Service does not encourage excessive consumption of alcohol.

4. Account Registration and Security

You must create an account to use the Service using Apple Sign-In or Google Sign-In. You agree to: (a) provide accurate account information; (b) choose a unique username within the App that will identify your account; (c) maintain the confidentiality of your login credentials; and (d) notify WineShapes immediately of any unauthorized access to your account at gabriel@wineshapes.app. You are solely responsible for all activity occurring under your account. WineShapes reserves the right to suspend or terminate accounts that violate these Terms, including accounts that provide false age confirmation.

5. Proprietary Rights

WineShapes and its licensors own all right, title, and interest in and to the Service and all content, technology, features, and functionality thereof, including without limitation: the WineShapes brand and all associated trademarks, service marks, and logos; the proprietary palate profiling and personalized recommendation engine underlying the Service, including all algorithms, scoring methodologies, mathematical models, data structures, and analytical outputs; the archetype classification system and all related proprietary methodologies; the WineShapes wine database and all dimensional scores, profile data, and derived outputs; all App design, user interface, visual elements, graphics, and artwork; and all software, source code, trade secrets, and technical implementations (collectively, "WineShapes IP").

WineShapes IP is protected by patent, trademark, trade secret, copyright, and other applicable intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service or any WineShapes IP.

You may not: (a) copy, reproduce, distribute, display, transmit, or create derivative works from any WineShapes content without our prior written consent; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying logic of the Service; (c) use the Service, any WineShapes content, or any data or outputs generated by the Service for any commercial purpose without our prior written consent signed by an authorized officer of WineShapes; (d) scrape, crawl, or systematically extract data from the Service by any automated or manual means; (e) frame or mirror any portion of the Service without our prior written consent; or (f) use any WineShapes trademark, logo, or brand element without our prior written consent. Unauthorized use of WineShapes IP will be prosecuted to the fullest extent permitted by applicable law.

6. Contributions

A. What Constitutes a Contribution

Contributions include all content you actively submit to the Service: wine ratings, tasting notes, drinking-window preferences, Cave inventory entries, Top 3 picks, and any other content you submit through the App. Tasting notes, Cave inventory entries, Top 3 picks, and drinking-window preferences are private to your account and are not shared with other users.

B. License Grant

By submitting Contributions, you grant WineShapes a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, aggregate, anonymize, analyze, adapt, and create derivative works from your Contributions for the purposes of: (i) operating and improving the Service; (ii) developing, refining, and improving our proprietary recommendation engine, wine database, and related methodologies; and (iii) building new features and services. WineShapes does not claim ownership of your Contributions. The perpetual license applies solely to anonymized and aggregated rating data and survives account deletion only to that extent.

Upon account deletion, your personal account data, username, tasting notes, Cave entries, Top 3 picks, drinking-window preferences and other personal affinities, palate profile, match scores, and personal preferences are permanently deleted within 30 days. WineShapes retains the right to continue using anonymized and aggregated rating data — without drinking-window answers, notes, or any personal identifiers — already incorporated into the recommendation engine and wine database.

C. Representations and Warranties

By submitting Contributions you represent and warrant that: (a) you own or have all necessary rights to submit the Contributions; (b) your Contributions do not infringe any third-party rights; (c) your Contributions are accurate and not intentionally false or misleading; and (d) your Contributions comply with these Terms and all applicable laws.

D. Content Standards

You agree not to submit Contributions that: (i) are false, defamatory, obscene, abusive, threatening, or harassing; (ii) infringe any third-party intellectual property rights; (iii) contain viruses, malware, or other harmful code; or (iv) violate any applicable law or regulation.

7. No Commercial Use

The Service is provided for your personal, non-commercial use only. You may not use the Service for any commercial purpose of any kind without the prior written consent of an authorized officer of WineShapes. Commercial purposes include without limitation: using the Service or any outputs generated by the Service to build or populate a competing product or database; using the Service as part of a commercial research, analytics, or consulting engagement; or extracting or redistributing data from the Service for any commercial purpose.

8. Sponsored Content and Third-Party Services

The Service may display sponsored wine recommendations, promoted content, or partner offers as part of commercial arrangements with wine producers, retailers, and related platforms. All sponsored or promoted content will be clearly labeled as such within the Service. Links to third-party retailers, producers, or services are provided for your convenience and do not constitute endorsement. WineShapes is not a party to any transaction between you and a third-party seller. All users accessing third-party wine commerce links through the Service must be 21 years of age or older.

9. Shapes+ Subscription

A. Description

WineShapes offers a premium subscription tier ("Shapes+") providing access to enhanced features. WineShapes offers a free tier that includes core palate profiling and wine recommendations.

B. Billing and Auto-Renewal

Shapes+ is available as a monthly or annual subscription. Payment is charged to your Apple ID at confirmation of purchase. The subscription renews automatically unless cancelled at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the period ends. Manage or cancel your subscription in your App Store account settings. WineShapes does not receive or store your payment credentials.

A 30-day free trial is available for new Shapes+ subscribers. Any unused portion of a free trial is forfeited when you purchase a subscription.

C. Cancellation

You may cancel your Shapes+ subscription at any time through your App Store account settings. Cancellation takes effect at the end of the then-current billing period and access continues through the end of the paid period. Deleting your WineShapes account does not cancel your Shapes+ subscription; cancel it separately in your App Store account settings before deleting your account.

D. Refunds

Refunds for purchases made through the Apple App Store are handled by Apple under its refund policies, available at reportaproblem.apple.com. WineShapes cannot issue refunds for App Store purchases.

E. Price Changes

We will provide at least 30 days' advance notice of material pricing changes by email or in-App notice. Continued use of Shapes+ after the effective date constitutes acceptance of the updated pricing.

10. Prohibited Conduct

You agree not to:

11. Termination

Your right to use the Service will automatically terminate without notice if you breach any provision of these Terms, including providing a false age confirmation. WineShapes may suspend or terminate your access at any time with or without cause. You may terminate your account at any time through the in-app account deletion flow in your account settings or by contacting gabriel@wineshapes.app. Deleting your account does not cancel your Shapes+ subscription. Sections 5, 6, 7, 12, 13, 14, 15, and 16 survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WINESHAPES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WINESHAPES WINE RECOMMENDATIONS ARE BASED ON YOUR STATED PREFERENCES AND OUR PROPRIETARY METHODOLOGY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. WINE PREFERENCE IS SUBJECTIVE AND INDIVIDUAL RESULTS WILL VARY.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINESHAPES LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE. WINESHAPES'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO WINESHAPES IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

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

15. Amendment

WineShapes may modify these Terms at any time. When we make material changes we will notify you by email or prominent in-App notice at least 14 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If any modification is unacceptable to you, your sole recourse is to terminate your use of the Service.

16. Dispute Resolution — Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.

A. Agreement to Arbitrate

You and WineShapes agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes"), will be resolved solely by binding individual arbitration and not in a class, representative, or consolidated action or proceeding. You and WineShapes agree that the Federal Arbitration Act governs the interpretation and enforcement of this Section, and that you and WineShapes are each waiving the right to a trial by jury or to participate in a class action.

B. Exceptions

Either party may bring an individual action in small claims court. Either party may also seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

C. Informal Resolution

Before initiating arbitration, you agree to first contact WineShapes at gabriel@wineshapes.app and attempt to resolve the Dispute informally for at least 30 days. If the Dispute is not resolved within 30 days, either party may initiate arbitration.

D. Arbitration Rules and Process

Arbitration shall be conducted by JAMS under its applicable rules, including the JAMS Consumer Arbitration Minimum Standards where applicable, available at www.jamsadr.com. The arbitration will be conducted in Orange County, California, or at your election by telephone or videoconference. The arbitrator shall have the authority to award any relief that a court could award. The arbitrator's decision shall be final and binding.

E. Fees

Payment of arbitration fees shall be governed by JAMS rules. WineShapes will pay arbitration filing fees and arbitrator fees for any Dispute where the amount in controversy is less than $10,000, provided the claim is not found by the arbitrator to be frivolous.

F. Class Action Waiver

YOU AND WINESHAPES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

G. Severability

If the class action waiver in subsection F is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and the parties agree to submit to the exclusive jurisdiction of the courts located in Orange County, California.

17. General

Governing Law and Venue: These Terms are governed by the laws of the State of California without regard to conflict of law principles. For any Dispute not subject to arbitration under Section 16, the parties consent to exclusive jurisdiction in the state or federal courts located in Orange County, California.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and WineShapes regarding the Service and supersede all prior agreements.

Severability: If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

No Waiver: Our failure to enforce any provision shall not constitute a waiver of our right to enforce it in the future.

Assignment: You may not assign your rights under these Terms. WineShapes may assign these Terms without restriction.

Contact: gabriel@wineshapes.app · WineShapes LLC