General Terms and Conditions for the Mobile Application “Grape Guru”

§ 1 Scope of Application and Contracting Party

1.1 Provider

The provider of the mobile application “Grape Guru” (hereinafter “App”) is:

(hereinafter “Grape Guru”, “we” or “us”)

1.2 Scope of Application

These General Terms and Conditions (hereinafter “GTC”) apply to all contractual relationships between Grape Guru and the users of the App (hereinafter “User” or “you”). The GTC govern the use of the App, the conclusion of subscriptions, and all related services.

1.3 Applicable Terms

In addition to these GTC, the terms of use of the respective app store operator (Apple App Store or Google Play Store) also apply to the download of the App and in-app purchases. In the event of conflicts between these GTC and the terms of the app store operators, the terms of the app store operators shall prevail with regard to download and payment processing.

1.4 Amendments to the GTC

Grape Guru reserves the right to amend these GTC at any time with effect for the future. Users will be notified of amendments at least 30 days before they take effect, by email or by notification within the App. The amendments shall be deemed approved if the User does not object within 30 days of receiving the amendment notification. Grape Guru will specifically draw attention to this legal consequence in the amendment notification. In the event of an objection, both parties shall have a special right of termination effective as of the date the amendments come into force.

§ 2 Service Description

2.1 Overview

Grape Guru is a mobile application for wine enthusiasts that offers the following core features:

• (a) AI-powered multi-scanner for recognizing wine labels, dishes, and menus;
• (b) Digital wine cellar for managing your personal wine collection with drinking window display;
• (c) Food pairing recommendations based on AI analysis;
• (d) Interactive wine courses and learning modules;
• (e) Knowledge library with grape variety and region guides;
• (f) Gamification features such as achievements, level system, and leaderboards;
• (g) Community features, friends system, and rating system;
• (h) Wine planner with wine lists and wine events.

2.2 Free Basic Version (Free)

The free basic version includes:

• (a) Unlimited scanning of wine labels using the AI scanner;
• (b) Management of up to 25 bottles in the digital wine cellar;
• (c) Basic drinking window display (color coding and details on the wine detail page);
• (d) Up to 3 AI-powered food pairing requests per calendar month;
• (e) 1 restaurant mode use per calendar month;
• (f) Access to beginner courses and grape variety fundamentals course;
• (g) Access to approximately 25 common grape varieties and major wine regions (parent regions) in the library;
• (h) Full achievement and level system as well as leaderboards;
• (i) “My Favorites” list as well as 1 custom wine list;
• (j) 1 active wine event with unlimited friend invitations.

2.3 Premium Version

The Premium version offers the following in addition to the basic version:

• (a) Unlimited number of bottles in the digital wine cellar;
• (b) Drinking window filter and advanced filter options;
• (c) Unlimited AI-powered food pairing requests;
• (d) Unlimited restaurant mode;
• (e) Full access to the Guru area including:

• Wine planner with unlimited wine lists and wine events
• Insights (gap analysis, personal taste profile, wine cellar intelligence)
• Advanced statistics and analyses
• AI-powered purchase recommendations

• (f) Access to all courses including advanced content such as “Taste Like a Pro”;
• (g) Full access to the entire library with all grape varieties and detailed appellations;
• (h) Export functions for the wine collection (Excel/CSV).

2.4 Changes to the Scope of Features

Grape Guru reserves the right to expand, modify, or restrict the scope of features of the App at any time, provided this is reasonable for the User and does not affect the core substance of the contractually owed services. Users will be notified in advance of material changes. In the event of material restrictions to the scope of features for Premium users during an ongoing billing period, a special right of termination exists effective as of the date the change takes effect.

2.5 Availability

Grape Guru strives to provide the App with as few interruptions as possible. 100% availability is not technically feasible. The User acknowledges that temporary limitations or interruptions may occur, particularly due to maintenance work, security updates, capacity utilization, and events beyond the control of Grape Guru (e.g., disruptions to public communication networks, power outages).

§ 3 Registration and User Account

3.1 Registration Requirements

Use of the App requires registration. Registration is permitted exclusively for adults who are natural persons. The minimum age for using the App is 18 years. By registering, the User confirms that they have reached the age of 18. Grape Guru is entitled to request proof of age and to block access to the App if there are reasonable doubts about the User’s age of majority.

3.2 Registration Obligations

The User undertakes to:

• (a) Provide truthful and complete information during registration;
• (b) Update their information without delay in the event of changes;
• (c) Create only one user account per natural person.

3.3 Access Credentials

The User is obligated to keep their access credentials (email address, password) confidential and to protect them from access by third parties. Access credentials must not be shared with third parties. In the event of loss of access credentials or suspicion of unauthorized use of the account, Grape Guru must be notified immediately at info@grapeguru.de. The User is liable for all activities carried out through their user account, unless they are not responsible for the misuse.

3.4 Deletion of User Account

The User may delete their user account at any time via the App settings or by contacting info@grapeguru.de. Upon deletion, all data associated with the account will be deleted, unless statutory retention obligations apply. An active Premium subscription must be cancelled separately before deleting the account; otherwise, it will continue until the end of the already paid subscription period.

§ 4 Premium Subscription and Pricing

4.1 Subscription Options

Grape Guru offers the following subscription options:

• (a) Monthly subscription: Monthly term with monthly billing;
• (b) Annual subscription: Annual term with annual billing;
• (c) Lifetime access: One-time payment for permanent access.

Current prices are transparently displayed in the App Store (Apple App Store or Google Play Store) and within the App before completing the subscription. All prices include statutory value-added tax.

4.2 Conclusion of Contract

The contract for a Premium subscription is concluded upon confirmation of the purchase in the respective App Store. The User receives a purchase confirmation from the app store operator. Grape Guru does not store the contract text; the User should retain these GTC and the purchase confirmation for their records.

4.3 Automatic Renewal

Monthly and annual subscriptions automatically renew for the respective term unless cancelled before the expiry of the current term. Cancellation must be made at least 24 hours before the expiry of the current term through the respective App Store. The lifetime access is exempt from automatic renewal and is valid for an unlimited period.

4.4 Payment Processing

Payment processing is carried out exclusively through the respective app store operator (Apple Inc. or Google LLC). Grape Guru does not have direct access to the User’s payment data. The User’s payment method stored with the App Store will be charged:

• (a) Upon initial purchase: Upon confirmation of the purchase;
• (b) Upon automatic renewal: Within 24 hours before the expiry of the current term at the then-current price.

The payment terms of the respective app store operator apply.

4.5 Price Changes

Price changes do not apply to already concluded and ongoing billing periods. In the event of price increases, the User will be notified by the app store operator before the next automatic renewal. The User may cancel the subscription before the renewal at the increased price. Use until the end of the already paid subscription period remains unaffected.

§ 5 Termination

5.1 Termination of the Free Basic Version

Use of the free basic version may be terminated by either party at any time without stating reasons by deleting the user account.

5.2 Termination of the Premium Subscription

Termination of a Premium subscription (monthly or annual subscription) must be made through the respective App Store:

• (a) Apple App Store: Via the settings of the Apple device under “Subscriptions” or at https://apps.apple.com/account/subscriptions;
• (b) Google Play Store: Via the Google Play app under “Payments & subscriptions” → “Subscriptions” or at https://play.google.com/store/account/subscriptions.

Termination must be received at least 24 hours before the expiry of the current term to prevent automatic renewal. Termination by email to Grape Guru is not possible, as subscription management is handled exclusively through the app store operators.

5.3 Effect of Termination

After termination of a Premium subscription, the User may continue to use the Premium features until the end of the already paid subscription period. After expiry, the account will be automatically downgraded to the free basic version. The following applies:

• (a) Wine cellar: Wines stored in the wine cellar will not be deleted. However, only up to 25 bottles will be displayed in the overview. The User can regain access to all stored wines by purchasing a new Premium subscription.
• (b) Wine lists and events: Lists and events exceeding the free limit will be deactivated but not deleted.
• (c) Other data: Ratings, notes, and other user-generated content will be retained.

5.4 Termination for Cause

The right to extraordinary termination for cause remains unaffected. Cause exists for Grape Guru particularly if the User violates material provisions of these GTC.

5.5 Lifetime Access

Lifetime access is non-terminable and valid for an unlimited period as long as the App is offered. In the event of discontinuation of the App, Grape Guru will provide Users with lifetime access a reasonable notice period.

§ 6 Right of Withdrawal for Consumers

6.1 Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must declare the withdrawal to the respective app store operator through which you concluded the subscription:

• Apple App Store: In accordance with Apple’s guidelines at https://support.apple.com/en-us/HT204084
• Google Play Store: In accordance with Google’s guidelines at https://support.google.com/googleplay/answer/2479637

6.2 Premature Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely in the case of a contract for the supply of digital content not supplied on a tangible medium if Grape Guru has begun performance of the contract after the consumer has expressly consented to Grape Guru beginning performance before expiry of the withdrawal period, and the consumer has confirmed their awareness that, by giving their consent, they lose their right of withdrawal upon commencement of performance of the contract.

§ 7 Refunds

7.1 Responsibility

The processing of refund requests is handled exclusively by the respective app store operator (Apple Inc. or Google LLC) through which the subscription was concluded. Grape Guru has no direct influence on refund decisions.

7.2 Refund Requests

Refund requests must be directed to the respective app store operator:

• (a) Apple App Store: https://reportaproblem.apple.com
• (b) Google Play Store: https://support.google.com/googleplay/answer/2479637

7.3 No Pro-Rata Refunds

In the event of termination before the expiry of a billing period, no pro-rata refund of amounts already paid will be made. The User may continue to use the Premium features until the end of the paid subscription period.

§ 8 Usage Rights and Licenses

8.1 Grant of Usage Rights

Upon conclusion of the user agreement, the User receives a simple, non-transferable, non-sublicensable, and revocable right to use the App for private, non-commercial purposes for the duration of the contractual relationship. For Premium subscriptions, the extended usage right applies for the duration of the subscription; for lifetime access, it applies for an unlimited period.

8.2 Restrictions

The User is prohibited from:

• (a) Copying, modifying, decompiling, disassembling, or reverse engineering the App or parts thereof, unless permitted by mandatory law;
• (b) Making the App or access to the App available to third parties, whether for payment or free of charge;
• (c) Using the App for commercial purposes;
• (d) Circumventing or manipulating technical protection measures;
• (e) Using automated systems (bots, scrapers) to access or use the App.

8.3 Copyright

All content of the App, including texts, graphics, logos, icons, images, audio and video material, databases, software and their arrangement, are subject to copyright and other protective laws. They are the property of Grape Guru or the respective rights holders. Use beyond these GTC requires the prior written consent of Grape Guru.

§ 9 User-Generated Content

9.1 Responsibility

The User is solely responsible for all content they post in the App (in particular ratings, comments, photos, notes). The User warrants that the content they post:

• (a) Does not infringe the rights of third parties (in particular copyrights, trademark rights, personality rights);
• (b) Does not violate applicable law;
• (c) Does not constitute offensive, defamatory, discriminatory, pornographic, or otherwise unlawful content;
• (d) Does not contain advertising for third parties without the consent of Grape Guru.

9.2 Grant of Rights

By posting content, the User grants Grape Guru a simple, temporally and spatially unrestricted, free-of-charge right to use, store, reproduce, and make publicly available such content in the context of operating the App. This includes in particular the display of ratings to other Users and the use of anonymized, aggregated data to improve the App.

9.3 Deletion and Blocking

Grape Guru is entitled to delete or block user-generated content without prior notice if it violates these GTC or applicable law. The User will be informed accordingly.

9.4 Indemnification

The User shall indemnify Grape Guru against all claims by third parties arising from content posted by the User. This includes reasonable costs of legal defense.

§ 10 Code of Conduct

10.1 General Rules of Conduct

The User undertakes to:

• (a) Use the App only for its intended purposes;
• (b) Not provide false or misleading information;
• (c) Not harass, threaten, or insult other Users;
• (d) Not distribute content that violates applicable law;
• (e) Not take any measures that could impair the functionality of the App;
• (f) Respectfully comply with the rules of the community.

10.2 Sanctions

In the event of violations of these rules of conduct, Grape Guru is entitled, at its sole discretion, to:

• (a) Issue a warning;
• (b) Temporarily block individual features;
• (c) Temporarily or permanently suspend the user account;
• (d) Terminate the user agreement without notice.

The right to payment of fees already due remains unaffected.

§ 11 External Links and Third-Party Providers

11.1 Wine Packages via Partner Providers

Wine packages are offered within the App that can be purchased through the external partner Hanseatisches Wein- und Sekt-Kontor Hawesko GmbH (“Hawesko”). When clicking on corresponding offers, the User will be redirected to the Hawesko website.

Important notice: When purchasing wine packages, the purchase contract is concluded exclusively between the User and Hawesko. Grape Guru is not a contracting party to this purchase contract. The GTC and privacy policy of Hawesko apply exclusively. Grape Guru does not transmit any personal data of the User to Hawesko; data collection takes place only at Hawesko as part of their ordering process.

11.2 External Links

The App may contain links to external third-party websites. Grape Guru has no influence over the content of these external pages and therefore assumes no responsibility for their content. The respective provider or operator is always responsible for the content of the linked pages.

§ 12 Data Protection

12.1 Privacy Policy

The collection, processing, and use of personal data is carried out in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Details are set out in the separate privacy policy, which is available in the App and at grapeguru.de/datenschutz .

12.2 Consent

By using the App and agreeing to these GTC, the User consents to the data processing described in the privacy policy, insofar as consent is required.

§ 13 Liability

13.1 Limitation of Liability

Grape Guru shall be liable without limitation only for damages arising from injury to life, body, or health, and for damages based on intentional or grossly negligent conduct by Grape Guru, its legal representatives, or vicarious agents.

13.2 Liability for Ordinary Negligence

In the case of ordinary negligence, Grape Guru shall only be liable for breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, contract-typical damage. Material contractual obligations are those whose fulfillment first enables the proper performance of the contract and on whose compliance the User may regularly rely.

13.3 Exclusion of Liability

Liability for indirect damages, consequential damages, lost profits, or data loss is excluded to the extent permitted by law.

13.4 No Guarantee for Content

The information provided in the App regarding wines, grape varieties, regions, drinking windows, and food pairings is for informational and entertainment purposes only. Grape Guru does not warrant the accuracy, completeness, or timeliness of this information. In particular, drinking window indications are merely estimates that depend on various factors and may deviate from actual optimal drinking times.

13.5 AI-Generated Content

Insofar as content is generated by artificial intelligence (AI) (in particular wine analyses, food pairing recommendations), it may be erroneous or incomplete. Users should not rely on AI-generated recommendations as the sole basis for decisions.

§ 14 Warranty

14.1 Statutory Warranty

Statutory warranty rights apply. Grape Guru warrants that the App conforms to the agreed functions at the time of provision and is maintained in a functional condition during the contract period.

14.2 Defect Notification

The User is obligated to report defects without delay upon discovery at info@grapeguru.de. The defect notification should contain as precise a description of the defect as possible.

14.3 Updates

Grape Guru provides updates that are necessary to maintain the contractual conformity of the App. The User is obligated to install provided updates within a reasonable time. If the User fails to install an update, Grape Guru shall not be liable for defects caused by the missing installation, provided the User was properly informed about the update and the consequences of non-installation.

§ 15 Indemnification

The User shall indemnify Grape Guru, its legal representatives, and vicarious agents against all claims by third parties arising from a culpable violation of these GTC by the User. This includes reasonable costs of legal defense, including all court and attorney fees at the statutory rate.

§ 16 Final Provisions

16.1 Applicable Law

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers who have their habitual residence in another EU member state, mandatory provisions of the law of that state shall remain unaffected.

16.2 Place of Jurisdiction

For all disputes arising from or in connection with these GTC, Bonn shall be the exclusive place of jurisdiction, to the extent permitted by law. For consumers, the statutory place of jurisdiction applies.

16.3 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Grape Guru is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16.4 Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed upon that comes closest to the economic purpose of the invalid provision. The same applies to any regulatory gaps.

16.5 Written Form

Amendments and supplements to these GTC require text form (email is sufficient). This also applies to the waiver of this written form requirement.

16.6 Language

These GTC are drafted in German. In the event of translations into other languages, the German version shall prevail in case of doubt.

§ 17 Contact and Support

If you have questions about these GTC, the App, or technical issues, please contact: