TERMS OF USE AND END USER LICENSE AGREEMENT

Last updated: January 20, 2026

This Terms of Use and End User License Agreement ("Agreement") is between Vintuition, Inc. ("Company," "we," "us," or "our") and you ("you" or "User"). It governs your access to and use of Vintuition (the "App") and any related services, features, and content we make available (collectively, the "Services").

PLEASE READ CAREFULLY. By downloading, accessing, or using the App, you agree to this Agreement. If you do not agree, do not use the App.

0. BETA / EARLY ACCESS NOTICE

The App and Services are currently offered as a beta / early access release. During the beta period:

The Services are experimental, may be incomplete, and may include bugs, errors, or inaccuracies.
We may modify, suspend, or discontinue any part of the Services at any time without prior notice.
Data you submit (including User Content) may be deleted, lost, or reset, and features may not work as intended.
Support is provided on a best-effort basis and is not guaranteed.
No fees are charged during beta; if we introduce paid features in the future, we will update these terms and/or provide notice within the App.

If there is a conflict between this Section 0 and any other section of this Agreement, this Section 0 controls for the duration of the beta period.

1. ELIGIBILITY AND ACCEPTANCE

You must be of legal drinking age in your jurisdiction to use the Services. In the United States, you must be at least 21 years old. By using the Services, you represent that you meet these age requirements and have the legal capacity to enter into this Agreement.

2. PRIVACY

Our Privacy Policy explains how we collect, use, and share information. By using the Services, you agree that we may process your information (including photos you upload) in accordance with the Privacy Policy.

3. ACKNOWLEDGEMENT (APPLE)

You acknowledge that this Agreement is concluded between you and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for the App and its content.

4. SCOPE OF LICENSE

Subject to this Agreement and the Usage Rules set forth in the Apple Media Services Terms and Conditions, the Company grants you a limited, non-transferable, non-exclusive license to download, install, and use the App for your personal, non-commercial use on any Apple-branded products that you own or control.

If there is a conflict between this Agreement and the Apple Media Services Terms and Conditions or Apple's Usage Rules, those Apple terms control.

License Restrictions

Except as expressly permitted by applicable law, you agree not to (and not to permit any third party to): (a) copy, modify, or create derivative works of the App; (b) reverse engineer, decompile, or attempt to derive the source code of the App; (c) rent, lease, sell, sublicense, or otherwise transfer the App; (d) remove or alter any proprietary notices; or (e) use the App in any unlawful manner.

5. MAINTENANCE AND SUPPORT

The Company is solely responsible for providing any maintenance and support services for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

6. WARRANTY

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

In the event of any failure of the App to conform to any applicable warranty that cannot be disclaimed, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

Nothing in this Section limits rights you may have under applicable law that cannot be excluded.

7. PRODUCT CLAUSES AND CLAIMS

You acknowledge that the Company, not Apple, is responsible for addressing any claims relating to the App or your possession or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

8. INTELLECTUAL PROPERTY RIGHTS (APPLE)

You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

9. LEGAL COMPLIANCE

You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

10. THIRD-PARTY TERMS OF AGREEMENT

You must comply with applicable third-party terms when using the App (for example, you must not be in violation of your wireless data service agreement).

11. THIRD-PARTY BENEFICIARY

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

12. ACCOUNTS

Some features may require an account. You agree to provide accurate information, keep it up to date, and maintain the confidentiality of your account credentials. You are responsible for activity that occurs under your account.

We may suspend or terminate access to the Services if we reasonably believe: (a) your account has been compromised; (b) you have violated this Agreement; or (c) doing so is necessary to protect the Services, other users, or third parties.

13. SUBSCRIPTIONS AND PURCHASES

Current beta status. During the beta period, the App does not charge for access and does not offer subscriptions or in-app purchases. The following terms will apply if and when we introduce paid features:

If we offer and you purchase a subscription or other in-app purchase, payment will be charged to your Apple ID account at confirmation of purchase. All purchases in the App are processed through Apple's In-App Purchase system, and we do not accept other forms of payment for in-app purchases. We do not have access to your full payment card information. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID account settings.

Billing and refunds. Apple generally handles billing and payment processing for in-app purchases. Except as required by applicable law or Apple's policies, purchases are non-refundable by the Company. If you believe a charge is in error or you want to request a refund, follow Apple's refund process. Any billing disputes and refund requests should be directed to Apple through Apple's refund process.

Free trials and promotions. If we offer a free trial or promotion, your subscription will convert to a paid subscription unless you cancel before the trial ends.

Price changes. Subscription prices may change as permitted by Apple and applicable law. If a price changes, Apple may require you to opt in before the change takes effect.

14. USER CONTENT

"User Content" means content you submit or make available through the Services, such as photos of menus, text, ratings, comments, and other materials.

Ownership

As between you and the Company, you retain ownership of your User Content.

License to the Company

You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and perform your User Content, and to create reasonably necessary derivative works of your User Content, solely to: (a) operate and provide the Services; (b) troubleshoot, secure, and improve the Services; and (c) comply with legal obligations.

This license includes the right to process your User Content using automated systems, including machine learning models, to provide and improve the Services. The Company may sublicense these rights to its service providers (such as hosting providers) solely to provide the Services.

This may include retaining certain User Content (including photos) for a period of time to operate, secure, and improve the Services, including model improvement/training, as described in the Privacy Policy.

Your Responsibilities

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not violate law or the rights of any third party; and (c) you have obtained any permissions required to upload and share your User Content.

Removal and Retention

You may be able to delete User Content through the App. Even if you delete User Content, we may retain certain information as required by law, for backup and archival purposes, or to resolve disputes and enforce this Agreement.

Moderation

We do not guarantee that we will review or monitor User Content. However, we reserve the right to remove, block, or disable access to User Content at any time if we reasonably believe it violates this Agreement, is unlawful, or may harm the Services or others.

No tolerance for objectionable content. We have no tolerance for objectionable content or abusive behavior. You can report objectionable content or users at report@vintuition.app. We may remove content and restrict or terminate accounts.

Feedback

If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback without restriction or compensation.

15. ACCEPTABLE USE

You agree not to, and not to help others to:

Use the Services for any illegal, harmful, or fraudulent purpose.
Upload, transmit, or share User Content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable.
Infringe the rights of others, including intellectual property, privacy, or publicity rights.
Interfere with or disrupt the Services, including by introducing malware or attempting unauthorized access.
Scrape, crawl, or harvest data from the Services except as permitted by applicable law.
Use the Services in a way that violates any applicable third-party terms (including your wireless/data plan terms).

We may investigate and take appropriate action for suspected violations, including removing content or suspending access.

16. AI AND RECOMMENDATIONS DISCLAIMER

The Services may use automated systems, including AI or machine learning models, to analyze information (including photos) and provide recommendations or other outputs.

Outputs may be inaccurate, incomplete, or outdated, and are provided for informational purposes only.
Wine preferences and quality are subjective; we do not guarantee that you will like any recommendation.
The Services do not provide professional, legal, medical, or financial advice.
You are responsible for your use of the Services and any decisions you make based on outputs.

17. COMPANY INTELLECTUAL PROPERTY

The App and Services, including all software, designs, text, graphics, logos, and other content (excluding User Content), are owned by the Company or its licensors and are protected by intellectual property laws. Except for the limited license granted in Section 4, no rights are granted to you. You may not use the Company's name, trademarks, or logos without our prior written permission.

18. TERMINATION

You may stop using the Services at any time. We may suspend or terminate your access to the Services (in whole or in part) if we reasonably believe you have violated this Agreement or if we must do so to protect the Services, users, or third parties.

Upon termination, the license in Section 4 ends and you must stop using the App. Sections that by their nature should survive termination will survive, including Sections 0, 6, 14, 19, 20, 21, and 22.

19. DISCLAIMERS

To the fullest extent permitted by law, the Services may be changed, interrupted, or discontinued at any time without notice. We do not guarantee that the Services will be available at all times, will be error-free, or will meet your requirements.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above limitations may not apply to you.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED USD $100 (OR, IF GREATER, THE AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM).

Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law.

21. INDEMNIFICATION

To the fullest extent permitted by law, you will indemnify and hold harmless the Company and its affiliates, officers, directors, employees, and agents 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 Services; (b) your User Content; or (c) your violation of this Agreement or applicable law.

22. GOVERNING LAW; VENUE; INFORMAL DISPUTE RESOLUTION

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws principles.

Informal resolution. Before filing a claim, you agree to contact us at legal@vintuition.app with a brief description of the issue and your contact information. The parties will attempt in good faith to resolve the dispute informally within 30 days.

Venue. Except where prohibited by law, any dispute not resolved informally will be brought exclusively in the state or federal courts located in the Commonwealth of Virginia, and you and the Company consent to personal jurisdiction and venue in those courts.

23. CHANGES TO THIS AGREEMENT

We may update this Agreement from time to time. If we make material changes, we will provide notice through the App, by updating the "Last Updated" date, or by other reasonable means. By continuing to use the Services after the changes take effect, you agree to the revised Agreement.

24. MISCELLANEOUS

Entire Agreement. This Agreement is the entire agreement between you and the Company regarding the Services and supersedes any prior agreements on that subject.
Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in effect.
No Waiver. A failure to enforce any provision is not a waiver.
Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets.
Notices. You agree that we may provide notices to you electronically (e.g., in the App).

25. CONTACT INFORMATION

If you have questions, complaints, or claims with respect to the App or Services, please contact:

Vintuition, Inc. Email: hello@vintuition.app Telephone: +1 (555) 123-4567 Mailing Address: REDACTED

For legal notices, email: legal@vintuition.app

Copyright complaints (DMCA): If you believe content on the Services infringes your copyright, please contact dmca@vintuition.app with (a) identification of the copyrighted work; (b) identification of the allegedly infringing content; (c) your contact information; and (d) a statement that you have a good-faith belief the use is not authorized.

26. PROMOTIONS

From time to time, we may offer promotions, contests, or sweepstakes (each, a "Promotion"). Promotions are optional and may be subject to separate terms, rules, eligibility requirements, and disclosures ("Promotion Rules"). Where Promotion Rules apply, they will control in the event of any conflict with this Agreement.

Promotions are void where prohibited and may not be available in all jurisdictions. We may modify, suspend, or cancel any Promotion at any time, to the fullest extent permitted by law. You are responsible for complying with all applicable laws and for any taxes associated with receiving a prize or benefit.

Apple is not a sponsor of, nor involved in, any Promotion.