Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "User") and VaultSomm ("VaultSomm," "we," "us," or "our") governing your access to and use of the VaultSomm platform, including the web application at vaultsomm.com, all associated features, reports, and APIs (collectively, the "Service").

By registering for an account, clicking "I agree," or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

VaultSomm is a wine portfolio management platform that provides:

• Cellar inventory tracking and management tools.
• Market valuation intelligence and price monitoring.
• Financial reporting tools including Insurance Valuation, Schedule D capital gains, Estate Inventory, and Form 709 gift tax reports.
• AI Sommelier consultation powered by third-party AI APIs.
• Market Intelligence including regional price indices and auction data.

The Service is designed for informational and organizational purposes. It is not a licensed financial advisory, brokerage, insurance, legal, or tax preparation service.

3. Eligibility

You must be at least 18 years of age to use the Service. By using VaultSomm, you represent and warrant that you meet this requirement and that all information you provide is accurate, complete, and current.

4. Account Registration & Security

To access most features, you must create an account with a valid email address and password. You agree to:

• Provide accurate and complete registration information.
• Keep your password confidential and not share access with others.
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

VaultSomm reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or abusive behavior.

5. Subscription Plans & Billing

VaultSomm offers the following subscription tiers:

• Collector — $19/month: Core cellar management, portfolio analytics, AI Sommelier, and standard reports.
• Connoisseur — $79/month: All Collector features plus Market Intelligence, Estate Inventory, Form 709 Gift Tax, and priority support.

Free Trial. New subscribers receive a 14-day free trial before their first charge. Your credit card is required at sign-up but will not be billed until the trial ends. You may cancel at any time before the trial ends to avoid any charge. If you do not cancel, your subscription will automatically begin at the applicable monthly rate.

Subscriptions are billed monthly in advance. All fees are in U.S. dollars.

Refunds. All fees are non-refundable except as required by applicable law. As a limited exception, if you contact us at [email protected] within 48 hours of being charged and have not used the Service during that billing period, we will evaluate your request on a case-by-case basis. Refunds are not available for partial subscription periods. To manage or cancel your billing, visit your Stripe billing portal.

You may cancel your subscription at any time from your account settings or the Stripe billing portal. Cancellation takes effect at the end of your current billing period. You retain access to paid features until then.

We reserve the right to change pricing with 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to violate any applicable law or regulation.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Use automated means (bots, scrapers, crawlers) to access the Service without our written consent.
• Upload or transmit malicious code, viruses, or any content that could damage or disrupt the Service.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use the Service to send unsolicited communications or spam.
• Resell, sublicense, or commercially exploit the Service without our written permission.

7. Valuation, Financial & Tax Disclaimer

Wine Valuation Disclaimer

• Wine valuations produced by VaultSomm are estimates derived from a proprietary algorithmic model incorporating available market data. They may differ materially from actual auction results, dealer prices, or formal certified appraisals.
• Wine is an illiquid, unregulated alternative asset whose value can fluctuate significantly based on storage conditions, provenance, market sentiment, vintage variation, and other factors outside VaultSomm’s control.
• Past wine market performance does not indicate future values. Market Intelligence data, price trends, and regional analytics are historical and informational in nature and should not be relied upon as predictions of future performance.
• VaultSomm is not registered as an investment adviser with the SEC or any state authority. Nothing in the Service constitutes a personalised recommendation to buy, sell, or hold any wine or alternative asset.
• Fine wine and other collectible alternative assets may not be appropriate for all investors. You should assess your own financial situation and risk tolerance before making any investment decisions.

Tax & Legal Reports

• Tax reports (Schedule D, Form 709) are reference documents only. Do not file them with the IRS without review by a qualified tax professional.
• Insurance valuation reports should be reviewed by a certified wine appraiser and your insurance carrier before use in any policy.
• Estate planning and gift tax inventory figures should be confirmed by a qualified estate attorney before use in any legal proceeding.

You assume full responsibility for any financial, tax, legal, or investment decisions made based on information provided by the Service. VaultSomm is not liable for any such decisions or their consequences.

8. Intellectual Property

All content, features, design, code, trademarks, and materials comprising the Service are owned by VaultSomm or its licensors and are protected by applicable intellectual property law.

You retain ownership of all data you enter into the Service (your cellar data, notes, etc.). By entering data, you grant VaultSomm a limited, non-exclusive, royalty-free license to store, process, and display that data solely to provide the Service to you.

You may not use VaultSomm's name, logo, or trademarks without our prior written consent.

9. Third-Party Services

The Service integrates with third-party providers including Supabase (database and authentication), Stripe (payment processing), Cloudflare (hosting and CDN), Perplexity AI (AI features), Zoho (transactional email), and Mapbox (mapping). Your use of these integrations is subject to the respective providers' terms of service. VaultSomm is not responsible for the availability, accuracy, or conduct of third-party services.

AI Features & Perplexity AI

Several features of the Service — including the AI Sommelier, Wine Search, Regional Explorer, Watchlist price checks, and bottle valuations — are powered by the Perplexity AI API. When you use these features, the following data is transmitted to Perplexity AI to generate a response:

• Wine names, producer names, vintage years, and regions you enter or query
• Free-text questions and prompts you submit to the AI Sommelier
• Bottle details (varietal, appellation, condition) used in valuation requests

Your personal account information (name, email, billing details) is not transmitted to Perplexity AI. Queries are processed solely to return wine market data, valuations, and sommelier responses. Perplexity AI's use of this data is governed by the Perplexity AI Privacy Policy. By using AI-powered features, you consent to this data processing.

10. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAULTSOMM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE — EVEN IF VAULTSOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VAULTSOMM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID VAULTSOMM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

11. Indemnification

You agree to defend, indemnify, and hold harmless VaultSomm and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Service.

12. Termination

You may close your account at any time from your account settings. Upon closure, your data will be deleted within 30 days in accordance with our Privacy Policy.

VaultSomm may suspend or terminate your account immediately and without notice if you breach these Terms, engage in fraudulent behavior, or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Service shall first be subject to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in English in San Francisco, California.

You and VaultSomm waive the right to a jury trial and to participate in class action proceedings.

Arbitration Opt-Out. You may opt out of binding arbitration within 30 days of first accepting these Terms by emailing [email protected] with the subject line "Arbitration Opt-Out" and your name and email address. If you opt out, disputes will be resolved in the state or federal courts located in San Francisco, California, and you and VaultSomm each consent to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and display a notice in the app at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

We will maintain an archive of prior Terms versions available upon request.

15. Miscellaneous

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and VaultSomm regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign ours in connection with a business transfer.
• Force majeure: We are not liable for failures or delays caused by events outside our reasonable control.

16. Contact Us

For questions about these Terms:

• Email: [email protected]
• General: [email protected]
• Website: vaultsomm.com