Terms of Service

Terms last updated: December 29, 2023

Pocketsomm is a wine recommendation service that makes it easy for you to find great wines that fit your taste and budget when you're out at a restaurant or bar. Just like our mission to help you drink great wine, we're always pushing to make things simple － in that spirit we've done our best to distill our terms into the simplest form for everyone to understand.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: hello@pocketsomm.app

Welcome to Pocketsomm, the website, online, and mobile service of Pocketsomm LLC. (“Company,” “we,” or “us”). This document outlines the terms for using our online and mobile services, website, and software (collectively, the “Service”). By accessing or using the Service, or by agreeing to these terms, you confirm that you have read, understood, and agree to be bound by these Terms of Service (“Agreement”), applicable to all users. We reserve the right to modify these terms, providing notice as described herein. This Agreement includes an individual arbitration provision and a class action/jury trial waiver, requiring disputes to be resolved through arbitration, waiving rights to court relief and jury trials, and participation in class or representative actions.

Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Will these Terms ever change?

As Pocketsomm evolves, we might need to tweak these Terms. If we do, we’ll let you know either on our site at https://pocketsomm.app, by email, or other ways.

If the new Terms don't jive with you, you can say no thanks. But, that also means you won’t be able to use Pocketsomm anymore. Keep in mind, if you continue using our Services after we’ve updated our Terms, that's you agreeing to all the changes from your side.

Apart from these updates by us, any other changes to these Terms need to be in writing and agreed upon by both you and us.

2. Use of the services and Pocketsomm properties

Our content is protected by copyright laws. Unless we specify otherwise, your use of Pocketsomm is governed by this Agreement.

2.1 App license: We grant you a limited, non-exclusive, non-transferable, revocable license to download and use our app on your device for personal or internal business purposes. This includes adherence to any specific rules set by the Apple App Store or Google Play Store regarding usage.

2.2 Updates: Pocketsomm is always evolving. We might need you to accept updates to keep using the service. These updates can happen automatically, and sometimes you may need to update third-party software to keep up with our changes.

2.3 Certain restrictions: Here's what you can't do with Pocketsomm:

Don't resell, distribute, or exploit Pocketsomm for commercial purposes.
Avoid using our trademarks or content in unauthorized ways.
Don't mess with our code or reverse-engineer our services, except where law allows.
Please don't use tools or software to scrape or copy our content or data.
Stay away from any methods that bypass our security or access controls.
Don’t duplicate any part of Pocketsomm without our permission.
Remember, all updates or new features we add are also under these rules.

Unauthorized use can mean losing access to Pocketsomm.

3. Your account

3.1 Registering your account: To use all the features of Pocketsomm, you might need to register. A “Registered User” is someone who's created an account on our website or app, or linked a third-party account like Facebook or Google.

3.2 Access through a third-party account: If you join Pocketsomm using a third-party account, you're letting us access and use your information from these accounts. You're responsible for making sure this doesn't break any rules of the third-party service. We'll use the information from these accounts in accordance with our Agreement. Remember, your relationship with these third-party services is governed by your agreements with them. If these services are unavailable, their content won't be accessible on Pocketsomm. You can disconnect these third-party accounts anytime in your Pocketsomm settings.

3.3 Registering your account: When setting up your Pocketsomm account, honesty is key. Give us the real deal about yourself and keep it updated. You should be of legal age and not barred from using Pocketsomm under any laws. Keep your account details to yourself, and if there's any unauthorized activity, let us know ASAP. If you give us info that's not accurate, or if we think it's not, we may have to suspend or terminate your account. Don't pretend to be someone else or have multiple accounts. We also have the right to change usernames.

3.4 Your account rights: Just so you know, your account is part of Pocketsomm, and you don't own any rights to it.

4. Responsibility for content

4.1 Types of content: You're responsible for the content you upload on Pocketsomm. This goes for all users – what you post is on you. We provide explicit permissions for you to control what you share and who it is shared to on the Pocketsomm platform.

4.2 No obligation to pre-screen content: We might review content prior to it being posted on Pocketsomm, but we don't have to. If we do, it's for us, not you, but we'll respect your privacy as per our policy.

4.3 Storage: We're not obligated to store any content you post. We're also not responsible for its deletion, accuracy, or the security of any communications involving Pocketsomm.

5. Ownership

5.1 Pocketsomm Properties: Everything Pocketsomm (except your content) is ours, including all rights and trademarks. You will not remove, alter or obscure any copyright, trademark, service mark, trade dress, or other proprietary rights or notices incorporated in or accompanying any Pocketsomm Properties.

5.2 Trademarks: The Pocketsomm name and related graphics, logos, etc., are our trademarks and can't be used without permission, especially not for your or third-party products or services.

5.3 Your content: Your content always remains yours. You give Pocketsomm a license to use it for operating and promoting our services. This means we can use your ratings, comments, and other content you share, even indirectly through third parties. Just make sure you have the rights to the content you post, including permissions for any personal data or images of others.

6. Feedback

When you share content publicly on Pocketsomm or send us ideas and feedback, you're giving us and all Pocketsomm users permission to use that content. This means everyone can view, use, and interact with your shared content, as allowed by our service's features. Your public contributions help enhance Pocketsomm, making it a richer experience for all users.

7. User conduct and acceptable content

Use Pocketsomm responsibly and legally. Don’t infringe on rights, post harmful or offensive content, spam, or engage in fraudulent activities. Also, don’t overload or harm our service.

7.1 Conflicts of interest: Be honest in your wine reviews. If you're affiliated or connected in any way to a winery, retailer, merchant, restaurant, bar or any other establishment that sells the wine you're reviewing on Pocketsomm, you agree to be objective and not skew ratings or reviews for your gain or others' loss.

7.2 Promotional content: Don't post promotional material or links without our permission.

8. Investigations

Pocketsomm may, but is not obligated to, monitor or review the Pocketsomm Properties and Content at any time. Without limiting the foregoing, Pocketsomm shall have the right, in its sole discretion, to remove any of Your content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although Pocketsomm does not generally monitor user activity occurring in connection with the Pocketsomm Properties or Content, if Pocketsomm becomes aware of any possible violations by you of any provision of the Agreement, Pocketsomm reserves the right to investigate such violations, and Pocketsomm may, at its sole discretion, immediately terminate your license to use the Pocketsomm Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

9. Your interactions with other Pocketsomm users

9.1 User responsibility: Your interactions with other users are your responsibility. We might step in, but it's not our obligation. We're not liable for any issues arising from your interactions.

9.2 Content provided by other users: Content from other users isn't endorsed by us. We don't review it and aren't responsible for it. Engage with it at your own risk.

10. Indemnification

You agree to indemnify and hold Pocketsomm, its affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Pocketsomm Party” and collectively, the “Pocketsomm Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your content; (b) your use of, or inability to use, any Pocketsomm Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Pocketsomm reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pocketsomm in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Pocketsomm Properties.

11. Disclaimers

We want to make a few important disclaimers within these terms. When you use Pocketsomm and explore any content on the Service, you’re doing so at your own risk. The Service is provided to you “AS IS” and “AS AVAILABLE”, without any warranties of any kind, whether they’re express or implied, including (but not limited to), up-time or availability, or any implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

While we strive for the best service, we can't guarantee everything will always work perfectly or meet all your needs.

No promises on uninterrupted or error-free service.
You're responsible for any risks from using Pocketsomm.
We're not liable for any disruptions or issues with third-party services.
Third-party conduct: We're not responsible for the actions of third parties you might encounter.
User interactions: We don't verify other users' statements, so interact at your own risk.
Third-party materials: Materials hosted by others are accessed at your own risk, and we can't monitor them all.

12. Limitation of liability

12.1 Disclaimer of certain damages: Just to be clear, Pocketsomm won't be liable for any indirect damages like lost profits or data, or for interruptions in business. This applies even if we knew these damages could happen. This covers issues like:

Problems using Pocketsomm;
Costs from substitute goods or services due to Pocketsomm;
Unauthorized access or changes to your data;
Third-party actions on Pocketsomm;
Anything else related to Pocketsomm.

12.2 Cap on liability: The most we could be liable for is either what you've paid us in membership fees in the last month, $100, or the minimum amount the law requires.

12.3 User content: We're not responsible for managing or storing your content, except for personal data as mentioned in our Privacy Policy.

12.4 Exclusion of damages: Some laws don't allow these limitations, so they might not apply to you, giving you different rights.

12.5 Basis of the bargain: These limitations are a key part of our agreement with you.

13. How to make claims of copyright infringement

We respect copyrights and may terminate users who infringe repeatedly. If you believe there's been infringement, contact us with:

Your signature (physical or electronic);
Description of the copyrighted work;
Where the infringement is on our site;
Your contact info;
A statement of good faith belief of unauthorized use;
A statement, under penalty of perjury, that your info is accurate and you're authorized to act on behalf of the copyright owner.

Here's how to reach our Copyright Agent:

Pocketsomm, LLC.
Attn: General Counsel
1267 Willis Street, Ste 200
Redding, CA 96001
‍
Phone: +1 (509) 768-2249
Email: legal@pocketsomm.app

13.1 Disclaimer of certain damages: Just to be clear, Pocketsomm won't be liable for any indirect damages like lost profits or data, or for interruptions in business. This applies even if we knew these damages could happen. This covers issues like:

Problems using Pocketsomm;
Costs from substitute goods or services due to Pocketsomm;
Unauthorized access or changes to your data;
Third-party actions on Pocketsomm;
Anything else related to Pocketsomm.

13.2 Cap on liability: The most we could be liable for is either what you've paid us in membership fees in the last month, $100, or the minimum amount the law requires.

13.3 User content: We're not responsible for managing or storing your content, except for personal data as mentioned in our Privacy Policy.

13.4 Exclusion of damages: Some laws don't allow these limitations, so they might not apply to you, giving you different rights.

13.5 Basis of the bargain: These limitations are a key part of our agreement with you.

14. Monitoring and enforcement

Pocketsomm has the right to:

Remove or refuse any of your content at our discretion.
Act if your content seems to break the rules, infringe rights, threaten safety, or create liability for us.
Share your identity or information if someone claims your content violates their rights.
Take legal action for any illegal or unauthorized use of Pocketsomm.
Terminate or suspend your access for any or no reason, especially if you violate this Agreement.

If we suspect any violations, we can investigate. If we find illegal activity, we might involve legal authorities. We can also disclose any information related to your use of Pocketsomm to:

Comply with laws or legal processes;
Enforce this Agreement;
Address claims of rights violations;
Respond to your customer service requests;
Protect the safety and rights of Pocketsomm, its users, or the public, as we see fit.

15. Term and termination

15.1 Term: This Agreement starts when you accept the Terms of Service and continues while you use Pocketsomm, unless it's terminated earlier under these terms.

15.2 Prior use of Service: If you've been using Pocketsomm before accepting this Agreement, it's been in effect since your first use.

15.3 Termination by Pocketsomm: We can end your access to Pocketsomm if you break the rules or if the law requires us to. We decide on terminations for cause and aren't liable for any impact this might have on you.

15.4 Termination of services by you: If you want to terminate any other Services provided by Pocketsomm, you may do so by (a) notifying Pocketsomm at any time and (b) closing your Account for all of the Services that you use. Your notice should be provided via https://help.pocketsomm.app.

15.5 Effect of termination: Ending a service means losing access to it. We might delete your content associated with the terminated service, but we're not obligated to. We're not liable for suspending or ending services or deleting your content. Certain parts of this Agreement will still apply after termination.

15.6 No subsequent registration: If your registration(s) with, or ability to access, the Pocketsomm Properties, is discontinued by Pocketsomm due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Pocketsomm Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Pocketsomm Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Pocketsomm reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

16. International Pocketsomm users

Pocketsomm is global but not all services or content may be available in your country. We're based in the U.S. and make no claims that Pocketsomm is appropriate for use in other locations. If you access Pocketsomm from outside the U.S., you're responsible for following local laws.

17. Resolutions for any disputes

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires all users to arbitrate disputes with Pocketsomm and limits the manner in which you can seek relief from us.

17.1 Applicability of Arbitration Agreement: You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Pocketsomm Properties, or to any aspect of your relationship with Pocketsomm, will be resolved by binding arbitration, rather than in court, except that: (a) you may assert claims or seek relief in small claims court if your claims qualify and (b) you or Pocketsomm may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

17.2 Arbitration process: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: The Corporation Trust Company, Corporate Trust Center, Wilmington, DE 19801. The arbitration will be conducted by an established alternative dispute resolution provider. If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing and/or other fees and cannot obtain a waiver from the alternative dispute resolution provider, Pocketsomm will not pay them for you.

For users in North or South America, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration shall take place in San Francisco, California and will be conducted by JAMS. Disputes involving claims, counterclaims, or request for relief under two hundred fifty thousand US dollars ($250,000), not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

For users in the United Kingdom or Europe, the arbitration shall take place in London, England. For users in Asia or the Pacific Region (excluding Australia and New Zealand) the arbitration shall take place in Singapore. For users in Australia or New Zealand, the arbitration shall take place in Adelaide, South Australia.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

17.3 Authority of arbitrator. The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Pocketsomm. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

17.4 Waiver of jury trial: YOU AND POCKETSOMM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Pocketsomm are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

17.5 Waiver of class or other non-individualized relief: ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the cognizant court having jurisdiction. All other disputes, claims, or requests for relief shall be arbitrated.

17.6 30-day right to opt out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@pocketsomm.app, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Pocketsomm username (if any), the email address you used to set up your Pocketsomm account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

17.7 Sever ability: Except as provided in Section 16.5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

17.8 Survival of agreement: This Arbitration Agreement will survive the termination of your relationship with Pocketsomm.

17.9 Modification: Notwithstanding any provision in this Agreement to the contrary, we agree that if Pocketsomm makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Pocketsomm at the following address: legal@pocketsomm.app.

18. Third-party services

Pocketsomm collaborates with various third-party products and services. We may provide access to specific third-party features or services within the Platform, such as a payment portal or an online store. Unless explicitly stated otherwise, we do not endorse or make any warranties about any third-party products or services, nor do we offer refunds for payments made to third parties. Your use of any third-party product or service may be subject to separate terms and conditions, which you are responsible for reviewing, accepting, and complying with. Failure to accept or adhere to these third-party terms may result in the suspension, cancellation, or limitation of your account or access to these services on our Platform.

If we are required to display specific third-party terms on our website, you can find them at the bottom of this page. Additionally, our Privacy Policy includes a list of our subprocessors.

19. App Terms

To use our app, you’ll need to download and install the software onto your mobile or tablet device. We may automatically update this software, and these Terms will apply to any updates. The following terms pertain specifically to the download and use of our app:

You’re granted a limited, revocable, non-exclusive, non-transferable right to download and install the app on a single device that you own or control.
Please refrain from distributing or making the app available over a network where multiple devices can access it simultaneously.
If either you or we cancel your account, please ensure you delete the app from your device.

Where you download the app from the Apple or Google Play stores (“App Stores”) you also agree that:

these Terms are made between you and Pocketsomm (and not the App Store). However, if any of these Terms is inconsistent with the App Store terms, the applicable App Store term applies;
we are solely responsible for the app and its content, any maintenance and support services, product warranties (if we haven’t disclaimed them), product claims and third party claims that the app or your use or possession of it, infringes another’s IP Rights. If you have a complaint about the app, or become aware of any third party claim, please email us at help@pocketsomm.app (and not the App Store);
you’re not on a US government restricted parties’ list and you don’t live in a country which is subject to a US government embargo or designated as “terrorist supporting country”; and
the App Store and its subsidiaries are third party beneficiaries of these Terms, and will have the right to enforce these Terms against you as such a beneficiary

20. Open Source

The app includes open source software components, and some of these components are subject to their own specific license terms. You can find these terms in our Open-Source Content library, which is accessible in the ‘Legal’ section of the app. If the license terms of a particular open source component don’t align with our terms outlined here, then these Terms won’t cover that component. Instead, the relevant license terms will govern your rights and responsibilities for that specific component.

21. Just a few final things

Before you can start using Pocketsomm, there are a few last important points we’d like to address:

Depending on your specific location, certain laws may apply to either you or us. In such cases, if these laws conflict with any portion of these Terms, the laws will prevail to the extent of the inconsistency.
These Terms, including the Privacy Policy and any linked policies, constitute the full agreement between you and us regarding the Service. We won’t add any other terms, except when the law mandates it. We explicitly exclude all implied terms, except those required by statute that cannot be waived. If any part of these Terms is deemed invalid under a country’s laws, it will be removed from the Terms in that country, but the rest of the Terms will remain in effect.