Terms of service

1. Agreement to terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Spill.

2. Eligibility

You must be at least 17 years old to use Spill. By using the Service, you represent and warrant that you meet this age requirement.

Spill is not intended for children under 13. We do not knowingly collect personal information from children under 13, in compliance with the Children's Online Privacy Protection Act (COPPA). If you are under 17, please do not use the Service.

If we learn that a user does not meet the minimum age requirement, we may terminate their account without notice.

3. Your account

Creating an account

To use most features of Spill, you need to create an account with a valid email address and password.

Your responsibilities

• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us promptly at cheers@spillthewine.app if you suspect unauthorized access to your account.
• You may not share your account with others or allow others to access your account.

Account accuracy

You agree to provide accurate, current, and complete information when creating your account and to update it as needed. We reserve the right to suspend or terminate accounts that contain false or misleading information.

4. License to use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes, subject to these Terms.

This license does not include the right to:

• Modify, copy, or distribute the Service or any part of it
• Reverse engineer, decompile, or disassemble the Service
• Use the Service for any commercial purpose without our written permission
• Use automated tools (bots, scrapers, crawlers) to access or collect data from the Service
• Sublicense or transfer your rights under this license to anyone else

We may revoke this license at any time if you violate these Terms.

5. User content

What is user content

"User Content" means any content you create, upload, or share through the Service, including tasting notes, photos, lists, winery reviews, and any other materials.

You own your content

You retain ownership of your User Content. We do not claim ownership of anything you create.

License you grant to Spill

By submitting User Content, you grant Spill a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute your User Content for the following purposes:

• Providing the Service: Displaying your content in the app, rendering shared lists as web pages, and enabling sharing features.
• Promoting and improving the Service: Featuring your content in marketing materials, social media accounts, email campaigns, editorial content (such as "Spill of the Week" features), and promotional materials. We will credit you by display name when featuring your content unless you request otherwise.
• Generating previews: Creating web preview cards and thumbnails when your content is shared.

This license continues for as long as your content remains on the Service. If you delete your content or your account, we will stop using it in new materials, though copies may persist in previously published materials, cached versions, or backups for a reasonable period.

Consent to marketing use

By using the Service, you acknowledge that Spill may select and feature User Content in its marketing and social media channels. While we have the right to do so under the license above, our practice is to ask permission before featuring specific content. If you do not want your content featured, contact us at cheers@spillthewine.app and we will honor your request.

Your responsibility for your content

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your content
• Your content does not infringe the intellectual property or other rights of any third party
• Your content complies with these Terms and all applicable laws

6. Public content

Spill includes features that allow you to share content publicly. When you set a list or other content to "public":

• It is accessible to anyone with the link, including people without a Spill account.
• It may be rendered as a web page on spillthewine.app.
• It may be indexed by search engines such as Google and appear in search results.
• Your display name (but not your email address) may be visible alongside the content.
• Web preview cards may be generated when the link is shared on social media or messaging platforms.

You control the visibility of your content. You can change a list from public to private at any time in the app. When you make content private, it will no longer be accessible on the web, though search engines may take time to remove cached versions from their indexes.

Think carefully before making content public. Once content is indexed by search engines or viewed by others, we cannot control how third parties may use or share it.

7. Acceptable use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Post content that is defamatory, obscene, harassing, threatening, or hateful
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload viruses, malware, or any other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to send spam, bulk messages, or unsolicited communications
• Scrape, crawl, or use automated tools to collect data from the Service without our written permission
• Use the Service for any illegal or unauthorized purpose
• Encourage or assist anyone in doing any of the above

We reserve the right to remove content and suspend or terminate accounts that violate this policy, at our sole discretion and without prior notice.

8. Winery data and accuracy

Spill's winery database is compiled from publicly available sources, including public web data and Google Reviews, as well as user contributions. While we strive for accuracy, we want you to understand the following:

• No guarantee of accuracy. We cannot guarantee that all winery information (including hours, pricing, amenities, availability, location details, and images) is current, complete, or correct.
• Not a substitute for direct confirmation. Always confirm details directly with a winery before visiting, especially for hours, reservations, pricing, and special events.
• Third-party information. Much of the winery data comes from third-party sources that we do not control. We are not responsible for errors or omissions in that data.
• User contributions. Some winery information may come from other users. We do not verify user-submitted data and are not responsible for its accuracy.

If you notice inaccurate winery information, we encourage you to let us know at cheers@spillthewine.app so we can work to correct it.

9. Intellectual property

Spill's IP

The Service, including its design, features, code, graphics, logos, and all other elements (excluding User Content), is owned by Spill and protected by copyright, trademark, and other intellectual property laws.

The Spill name, logo, and any associated branding are trademarks of Spill. You may not use our trademarks without our prior written permission.

Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you. We are not obligated to act on any feedback.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

To the fullest extent permitted by law, Spill disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components
• Warranties regarding the accuracy, reliability, or completeness of any content, including winery information

Your use of the Service is at your sole risk. We do not warrant that the Service will meet your requirements or expectations.

11. Limitation of liability

To the fullest extent permitted by law, Spill and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.

This includes, without limitation, damages for:

• Loss of profits, data, or goodwill
• Service interruption or computer damage
• The cost of substitute services
• Any matter beyond our reasonable control

Our total liability for any claim arising out of or related to these Terms or the Service will not exceed the greater of (a) the amount you paid to Spill in the 12 months before the claim, or (b) $100.

These limitations apply regardless of the legal theory (contract, tort, or otherwise) and even if Spill has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you.

12. Indemnification

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

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or third-party rights

13. Termination

By you

You may stop using the Service and delete your account at any time through the app or by emailing us at cheers@spillthewine.app.

By us

We may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, if:

• You violate these Terms
• Your conduct harms other users, Spill, or third parties
• We are required to do so by law
• We discontinue the Service or any part of it

What happens after termination

Upon termination:

• Your right to use the Service ends immediately
• We may delete your account and User Content in accordance with our Privacy Policy
• Sections of these Terms that by their nature should survive (including Sections 5, 10, 11, 12, 14, and 15) will continue to apply

14. Governing law

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

We chose California because Spill's core users and operations are based there.

15. Dispute resolution

Informal resolution first

Before filing any formal legal proceeding, you agree to try to resolve the dispute informally by contacting us at cheers@spillthewine.app. We will try to resolve the dispute within 30 days. Most concerns can be resolved this way.

Binding arbitration

If we cannot resolve the dispute informally, you and Spill agree to resolve any claims relating to these Terms or the Service through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court. Arbitration will take place in San Francisco, California, unless you and Spill agree otherwise.

Exceptions

The following disputes are exempt from arbitration:

• Claims that may be brought in small claims court
• Actions to protect intellectual property rights (such as copyright, trademark, or trade secret claims)
• Requests for injunctive relief to prevent irreparable harm

Class action waiver

You and Spill agree that any disputes will be resolved on an individual basis. Neither party may participate in a class action, class arbitration, or any other representative proceeding.

16. Changes to these terms

We may update these Terms from time to time. When we make changes:

• We will update the "Last Updated" date at the top of this page.
• For material changes, we will notify you by email or through a notice in the app at least 30 days before the changes take effect.
• Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.

If you do not agree with the updated Terms, you should stop using the Service and delete your account.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not possible. The remaining provisions will continue in full force and effect.

18. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spill regarding your use of the Service. They supersede any prior agreements or understandings, whether written or oral.

19. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. A waiver of any term is only effective if in writing and signed by Spill.

20. Contact us

If you have questions about these Terms, contact us:

Email: cheers@spillthewine.app
Website: spillthewine.app