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Terms of Service

Last updated June 27, 2025

1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you”) and Vino Alert, a product of MalterTravel LLC, a Delaware limited liability company (“Vino Alert,” “we,” “us,” or “our”), governing your access to and use of the https://vinoalert.com website, related APIs, emails, and any other online properties or mobile applications we operate (collectively, the “Service”). BY ACCESSING OR USING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

2. ELIGIBILITY — 21+ ONLY

You must be at least twenty-one (21) years of age and legally permitted to purchase or consume alcoholic beverages in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3. CHANGES TO THE SERVICE OR THESE TERMS

We may revise these Terms, or modify, suspend, or discontinue any part of the Service, at any time in our sole discretion. If we make material changes, we will update the “Last updated” date. Your continued use of the Service constitutes acceptance of the revised Terms.

4. INTELLECTUAL PROPERTY

The Service, including all content, software, logos, and trademarks, is owned by or licensed to us and protected by U.S. and international intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

5. USER ACCOUNT & SECURITY

You must provide accurate information when creating an account and keep your credentials confidential. You are responsible for all activity that occurs under your account.

6. FEES AND PAYMENT

The core Service is currently free, but we reserve the right to introduce paid features, subscriptions, or usage fees in the future. We will provide advance notice of any such fees, and your continued use of fee-based features constitutes acceptance of the pricing.

7. DATA COLLECTION & USE LICENSE

You grant Vino Alert and its affiliates a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to collect, store, analyze, use, share, monetize, sell, or otherwise exploit any data you provide or that we collect through your use of the Service, subject to applicable law and our Privacy Policy.

8. USER-GENERATED CONTENT & FEEDBACK

By submitting reviews, comments, or feedback (“UGC”), you grant Vino Alert a worldwide, perpetual, irrevocable, sublicensable, transferable, royalty-free license to use, copy, modify, publish, translate, distribute, display, and otherwise exploit such UGC for any purpose.

9. BETA FEATURES

We may label certain functionality as beta, preview, pilot, or experimental (“Beta Features”). Beta Features are provided AS IS, may be modified or discontinued at any time, and are excluded from any warranties or service-level commitments herein.

10. THIRD-PARTY OFFERS & NO ENDORSEMENT

The Service monitors third-party flash-sale websites and may include links, references, or alerts to third-party products, services, or content (“Third-Party Offers”). We do not sell wine, make no warranties regarding Third-Party Offers, and are not responsible for their availability, legality, quality, pricing, shipping, or your satisfaction. Any transactions you enter into with third parties are solely between you and the applicable third party.

11. PROHIBITED CONDUCT

You agree not to (a) violate any law; (b) scrape, crawl, reverse-engineer, or attempt to access the Service’s underlying code or data structures; (c) interfere with the Service’s operation; or (d) use the Service for any unlawful, fraudulent, or harmful purpose.

12. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, UNSCHEDULED OUTAGES, OR OTHER REASONS, AND THAT WE MAKE NO WARRANTIES REGARDING UPTIME OR THE TIME-SENSITIVITY OF ALERT DELIVERY.

13. LIMITATION OF LIABILITY — MONETARY CAP

NOTWITHSTANDING ANYTHING TO THE CONTRARY, VINO ALERT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) US $100 OR (ii) THE AMOUNTS PAID BY YOU TO VINO ALERT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vino Alert and its affiliates from any claims, damages, losses, or expenses (including attorneys’ fees) arising out of or related to your use of the Service or violation of these Terms.

15. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, power-grid failures, pandemics, labor disputes, Internet or hosting-provider outages, or governmental actions (“Force Majeure Event”).

16. GOVERNING LAW

These Terms and any dispute arising hereunder are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions.

17. DISPUTE RESOLUTION & ARBITRATION

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding, individual arbitration administered by the American Arbitration Association in New York, New York.

CLASS-ACTION WAIVER: YOU AND VINO ALERT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. EXPORT COMPLIANCE

You represent that you are not located in, and are not a national or resident of, any country or region subject to U.S. trade sanctions and that you will comply with all applicable U.S. export-control and sanctions laws, including the Export Administration Regulations and regulations administered by OFAC.

19. TERMINATION

We may, in our sole discretion and without notice, suspend or terminate your access to the Service, delete your alerts, or block your IP address for any reason, including violation of these Terms.

20. SURVIVAL & ASSIGNMENT

All provisions that by their nature should survive termination—including Sections on Fees, Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution, and Data License—shall so survive.

We may assign these Terms, in whole or in part, at any time without notice. You may not assign or transfer any rights or obligations hereunder without our prior written consent.

21. COPYRIGHT INFRINGEMENT (DMCA)

If you believe content on the Service infringes your copyright, please send a DMCA notice to our Designated Agent at [email protected] that meets the requirements of 17 U.S.C. § 512(c)(3).

22. CORPORATE ENTITY

Vino Alert is a product of MalterTravel LLC, a Delaware limited liability company.

23. CONTACT US

Questions? Email [email protected].

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