Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the Somm U mobile application ("App"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

2. Age Requirement and Alcohol-Related Content

2.1 Legal Drinking Age

You must be at least 21 years of age to use this App. By using the App, you represent and warrant that you are at least 21 years old and have the legal right to purchase and consume alcoholic beverages in your jurisdiction.

2.2 Compliance with Laws

You agree to comply with all applicable federal, state, and local laws regarding the purchase, possession, and consumption of alcoholic beverages, including but not limited to Utah state liquor laws and regulations administered by the Utah Department of Alcoholic Beverage Services (DABS).

2.3 Educational and Informational Purpose

The App is designed solely for educational and informational purposes to help users discover and track alcoholic beverages available at Utah state-run liquor stores. The App does not facilitate the sale, delivery, or distribution of alcoholic beverages.

2.4 No Marketing to Minors

The App is not intended for use by individuals under 21 years of age. We do not knowingly market alcoholic beverages to minors and take reasonable steps to prevent access by underage users.

3. Description of Service

Somm U provides:

• Information about wines and beers available at Utah state-run liquor stores
• AI-powered recommendations based on user preferences
• Inventory checking capabilities
• Personal tracking of wine and beer preferences
• Restaurant menu wine pairing suggestions via image analysis

4. Artificial Intelligence Disclaimers

4.1 AI-Generated Content

The App uses artificial intelligence (AI) technology, including large language models, to generate wine and beer recommendations, food pairings, and other content. You acknowledge and agree that:

• AI-generated recommendations are not guaranteed to be accurate, complete, or suitable for your specific needs
• AI systems can make mistakes, provide incorrect information, or generate inappropriate content
• AI recommendations should not be considered professional sommelier advice
• The AI may not have access to the most current information about products, inventory, or availability
• AI-generated content may contain errors, biases, or inconsistencies

4.2 No Professional Advice

The recommendations and information provided by the App, whether AI-generated or otherwise, do not constitute professional advice. The App is not a substitute for consultation with qualified sommeliers, wine experts, or other professionals.

4.3 User Responsibility

You are solely responsible for evaluating the accuracy, completeness, and usefulness of any AI-generated recommendations or information. You should independently verify any information before making purchasing decisions or relying on recommendations.

5. Inventory and Availability

5.1 No Guarantee of Accuracy

While we strive to provide accurate inventory information, we do not guarantee that:

• Products shown as available are actually in stock
• Pricing information is current or accurate
• Store locations or hours are up to date
• Product descriptions are complete or error-free

5.2 Third-Party Data

Inventory and store information may be sourced from third parties or public sources. We are not responsible for the accuracy or reliability of such information.

6. User Accounts and Data

6.1 Account Creation

To use certain features of the App, you must create an account using Firebase Authentication. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

6.2 User-Generated Content

You may provide preferences, ratings, photos, and other content through the App. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process such content to provide and improve the App.

6.3 Prohibited Content

You agree not to submit content that:

• Violates any law or regulation
• Infringes on intellectual property rights
• Contains malicious code or harmful materials
• Promotes underage drinking or alcohol abuse
• Is defamatory, obscene, or offensive

7. Location Services

The App may request access to your device's location services to provide store proximity information. You may disable location services at any time through your device settings, though this may limit certain App features.

8. Intellectual Property

8.1 Ownership

The App, including all content, features, functionality, software, and design, is owned by Somm U and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any commercial purpose without our written consent
• Scrape, data mine, or use automated tools to access the App

9. Disclaimers and Limitation of Liability

9.1 "As Is" Basis

The App is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy.

9.2 No Warranty

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Defects will be corrected
• The App is free of viruses or harmful components
• Results obtained from the App will be accurate or reliable
• AI-generated recommendations will be suitable for your needs

9.3 Health and Safety

We are not responsible for:

• Any adverse reactions, allergies, or health issues resulting from consuming products recommended by the App
• Any consequences of alcohol consumption
• Any violations of law resulting from your use of the App
• Any decisions you make based on App recommendations

9.4 Limitation of Liability

To the maximum extent permitted by law, in no event shall Somm U, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use or inability to use the App, any unauthorized access to your personal information, any interruption or cessation of transmission, any bugs or harmful code, any errors or omissions in content, any AI-generated recommendations, any products purchased based on App recommendations, or any reliance on information provided by the App.

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to us in the twelve (12) months prior to the claim, or one hundred dollars ($100), whichever is less.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Somm U, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to:

• Your use or misuse of the App
• Your breach of these Terms
• Your violation of any law or regulation
• Your violation of the rights of any third party
• Any content you submit through the App
• Any purchases or consumption of alcoholic beverages
• Any reliance on AI-generated recommendations
• Any decisions made based on App information
• Any underage access to the App through your account
• Any claims that your use of the App caused harm to any third party

11. Third-Party Services

11.1 Integration

The App integrates with third-party services including:

• Firebase (authentication, database, analytics)
• OpenAI (AI recommendations)
• Apple services (location, authentication)

Your use of these services is subject to their respective terms and privacy policies.

11.2 No Endorsement

We do not endorse and are not responsible for:

• Third-party content, products, or services
• Utah state liquor stores or their operations
• Specific wine or beer brands or producers
• Any linked websites or resources

12. Modifications to Service and Terms

12.1 Service Changes

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

12.2 Terms Changes

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App or through other reasonable means. Your continued use of the App after such changes constitutes acceptance of the updated Terms.

13. Termination

13.1 By You

You may stop using the App at any time and delete your account through the App settings.

13.2 By Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of applicable laws
• Fraudulent or illegal activity
• Underage use
• Abuse of the App or other users
• At our sole discretion

13.3 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• We may delete your account and data
• Provisions that by their nature should survive termination shall survive, including disclaimers, limitations of liability, and indemnification

14. Alcohol Consumption Warnings

14.1 Responsible Consumption

You acknowledge that:

• Excessive alcohol consumption can be harmful to your health
• You should drink responsibly and never drink and drive
• Alcohol may interact with medications or medical conditions
• You should consult healthcare professionals regarding alcohol consumption if you have health concerns

14.2 No Liability for Consumption

We are not responsible for any consequences of alcohol consumption, including but not limited to health issues, accidents, injuries, property damage, legal violations, or death.

15. Utah-Specific Provisions

15.1 Utah Liquor Laws

You acknowledge that:

• All alcoholic beverages in Utah must be purchased from state-run liquor stores or licensed establishments
• Utah has specific regulations regarding alcohol content, sales hours, and distribution
• You are responsible for complying with all Utah liquor laws

15.2 No Affiliation

Somm U is not affiliated with, endorsed by, or connected to the State of Utah, the Utah Department of Alcoholic Beverage Services (DABS), or any Utah state liquor stores.

15.3 Information Only

The App provides information about products available at Utah state liquor stores but does not facilitate sales, orders, or reservations. All purchases must be made directly at state liquor stores in compliance with Utah law.

16. Export Controls

You agree not to export, re-export, or transfer the App or any technical data derived from the App in violation of any applicable export laws or regulations.

17. Governing Law and Dispute Resolution

17.1 Governing Law

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

17.2 Jurisdiction

You agree to submit to the personal and exclusive jurisdiction of the courts located in Utah for the resolution of any disputes.

17.3 Arbitration

Any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in court for intellectual property violations.

17.4 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Somm U individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Somm U regarding the App.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

18.5 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and Somm U as a result of these Terms or your use of the App.

18.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

18.7 Notice

We may provide notices to you via email, in-app notifications, or by posting on the App. You consent to receive electronic communications from us.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Somm U
Email: hello@lablabs.co

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.