Terms of Service

WineUp provides a SaaS platform comprising: a merchant dashboard to upload menus and wine lists, an AI pairing engine (Classic, Elevated and Sommelier's Twist tiers), a public QR menu surface for in-house guests, an internal ticketing flow for the Restaurant's own waiters, inventory tracking, branded printable assets and analytics. Features available depend on the subscription plan selected by the Restaurant. WineUp may add, remove or modify features at any time, provided the core function of presenting digital menus and AI pairings remains available.

• You must be at least 21 years old and legally authorised to represent the Restaurant when creating the account.
• You must provide accurate, current and complete information and keep it updated.
• You are responsible for maintaining the confidentiality of all credentials and for all activity occurring under the account.
• You must immediately notify us of any unauthorised access at wineuptech@gmail.com.
• We may suspend or terminate accounts that we reasonably believe are operated by persons under 21 or in breach of these Terms.

• Plan: the standard WineUp plan is USD 50 per month, per restaurant location (branch), billed monthly in advance.
• Multi-location: each additional branch is billed separately at the same rate, unless a volume agreement is signed in writing.
• Auto-renewal: subscriptions auto-renew at the end of each billing cycle until cancelled by the Restaurant from the billing portal.
• Taxes: prices are exclusive of any sales tax, VAT, GST or similar tax, which is added at checkout based on the billing country.
• Payment method: all subscription payments are processed by Stripe Inc. WineUp does not see, store or handle the Restaurant's full card number or banking credentials.
• Failed payments: after 7 days of a failed charge we may suspend access; after 30 days we may terminate the account and delete data per the Privacy Policy retention schedule.
• Refunds: please refer to the Refund & Cancellation page on our website.
• No guest payments: WineUp does not process, route, hold, transmit or settle any payment from a guest to the Restaurant. The Restaurant is solely responsible for collecting the price of any food or beverage from its guests using its own POS, EFT or cash arrangements off-platform.

The pairing recommendations, wine descriptions, dish summaries, mood tags and other natural-language outputs displayed by WineUp are generated in whole or in part by third-party Large Language Models (LLMs), including but not limited to OpenAI's GPT family. AI outputs are statistical predictions, may be inaccurate, incomplete, outdated, biased, contradictory or entirely fabricated (a phenomenon known as “hallucination”), and must not be relied upon as professional sommelier, nutritional, medical, legal or financial advice.

The Restaurant is the qualified human operator and bears the sole, non-delegable obligation to review, correct, approve or remove any AI-generated content before it is presented to or relied upon by a guest. WineUp expressly disclaims all warranties, express or implied, regarding the accuracy, completeness, reliability, suitability or fitness for any particular purpose of any AI-generated output, and shall not be liable for any loss, damage, claim or complaint resulting from the use of, or reliance on, such output.

WineUp displays allergen, ingredient, dietary and nutritional information only as supplied by the Restaurant or as inferred by AI from menu text. Such information is provided for convenience and is not a substitute for the Restaurant's legal duty to:

• Comply with applicable food-safety, allergen labelling, hygiene and consumer-information regulations (including, where applicable, EU FIC 1169/2011, FDA FALCPA, FSMA, local public-health codes and equivalent).
• Train its staff to verbally confirm allergen, intolerance and dietary information to every guest before service.
• Maintain accurate, up-to-date ingredient and supplier records.
• Investigate, document and resolve any allergen-related incident.

WineUp is not a substitute for in-person allergen disclosure. The Restaurant agrees that it shall not rely on the platform as its sole means of communicating allergens to guests and accepts full and exclusive liability for any allergic reaction, intolerance event, foodborne illness or related personal injury, death, property damage or third-party claim arising from food or beverages it serves. WineUp shall have no liability whatsoever for any such event.

WineUp does not sell, serve, distribute or deliver alcohol. WineUp does not hold and is not required to hold any alcoholic beverage licence, permit or registration. The platform merely displays the Restaurant's own wine list and AI-assisted pairing recommendations to guests already physically present in a licensed venue.

The Restaurant represents, warrants and covenants that:

• It holds all licences, permits, registrations and authorisations required to sell, serve and store alcoholic beverages in its jurisdiction.
• It will verify in person the legal drinking age of every guest before serving any alcoholic beverage, regardless of any age confirmation collected by the platform.
• It will not serve alcohol to any person under the legal drinking age, to any visibly intoxicated person, or in any manner contrary to dram-shop, host-liability or responsible-service laws.
• It will comply with all advertising, labelling, content, hours-of-service and taxation rules applicable to alcohol in its jurisdiction.
• It accepts full and exclusive liability for any over-service, underage service, intoxication, drink-driving, alcohol-related illness, death, property damage, accident, criminal act or third-party claim associated with alcohol it serves.

To the maximum extent permitted by law, WineUp disclaims any and all liability arising from or related to (a) the consumption, mis-consumption or non-consumption of alcohol, (b) intoxication or its consequences (including assault, traffic accidents, alcohol-poisoning or death), (c) under-age service, and (d) any breach by the Restaurant of dram-shop, host-liability or responsible-service law. The Restaurant shall defend, indemnify and hold WineUp harmless from any such claim.

The QR experience is a read-only digital menu with AI pairing recommendations. It does not constitute an offer, a binding sale, a contract, a payment instrument or a regulated commercial communication. Any “order” created via the QR experience is an internal request ticket for the Restaurant's own waiter staff and is fulfilled, billed and reconciled entirely by the Restaurant off-platform.

The Restaurant is solely responsible for: confirming each guest's legal age in person, refusing service when appropriate, applying any local cooling-off or refund rules, collecting the price using its own POS, and resolving any guest complaint regarding food, beverage, allergen, intoxication, billing or service quality.

• No reverse-engineering, scraping, automated extraction or rate-limit circumvention.
• No upload of content for which you do not hold the necessary rights (menus, photos, logos, trademarks).
• No misrepresentation of wines (counterfeit vintages, origin or producer), of pairings or of the Restaurant's legal status.
• No use of the platform to sell or promote alcohol to minors, to encourage excessive drinking, or to circumvent any restriction imposed by local alcohol-control authorities.
• No use of AI outputs to make medical, nutritional or therapeutic claims about wine or food.
• No upload of unlawful, defamatory, infringing, obscene, hateful or otherwise wrongful content.
• No introduction of malware, no probing of platform vulnerabilities and no interference with security features.

You retain ownership of all menus, wine lists, descriptions, photographs, logos and other materials you upload (“Restaurant Content”). You grant WineUp a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, reproduce, transmit, modify (only as needed for technical operation), analyse with AI sub-processors and display the Restaurant Content solely to operate, secure and improve the service for your Restaurant. The licence terminates when you delete the content or cancel the account, except for backups and aggregated anonymised analytics retained per the Privacy Policy.

The WineUp brand, name, logo, look-and-feel, user interface, source code, pairing engine, prompt assets, technical documentation and any improvement, derivative or feedback you provide remain the exclusive property of WineUp Labs. You receive only a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the platform during the term of an active and paid subscription.

We strive for a monthly uptime of 99.5% but we do not guarantee uninterrupted or error-free access. Planned maintenance will be announced in advance where reasonably possible. Emergency maintenance, third-party outages (including AI providers, Stripe, hosting providers, ISPs), force majeure events and security incidents may cause unannounced downtime. Such downtime does not entitle the Restaurant to a refund unless expressly granted on the Refund & Cancellation page.

EXCEPT WHERE EXPRESSLY WRITTEN IN THESE TERMS, THE PLATFORM AND ALL AI OUTPUTS, RECOMMENDATIONS, EMAILS, PDFs, EXPORTS, ANALYTICS AND ANCILLARY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, ABSENCE OF VIRUSES, UNINTERRUPTED SERVICE OR THAT AI OUTPUTS WILL BE CORRECT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINEUP LABS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND SUB-PROCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, NOR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, REPUTATION, DATA, OPPORTUNITY, ANTICIPATED SAVINGS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINEUP SHALL HAVE NO LIABILITY WHATSOEVER FOR:

• Allergic reactions, intolerances, foodborne illness, food poisoning, food contamination, choking, injury or death caused by food or beverages served by the Restaurant;
• Intoxication, alcohol poisoning, alcohol abuse, driving under the influence, traffic accidents, assaults, falls or any other harm associated with the consumption of alcohol;
• Under-age service of alcohol or any breach of dram-shop, host-liability, responsible-service or similar law;
• Inaccuracies, omissions, hallucinations or mislabelling in AI-generated pairings, descriptions, allergen flags or mood tags;
• Loss of guest data — there is no guest data on the platform;
• Disputes between the Restaurant and any of its guests, employees, suppliers, distributors or competitors;
• Acts, omissions or breaches by any third-party processor (including OpenAI, Stripe, Resend, MongoDB, Emergent), beyond our reasonable control;
• Failure to verify a guest's age in person; the Restaurant remains solely responsible for in-venue age verification regardless of any digital age gate displayed by the platform.

OUR TOTAL AGGREGATE LIABILITY TO THE RESTAURANT FOR ALL CLAIMS UNDER OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE FEES THE RESTAURANT ACTUALLY PAID TO WINEUP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW (E.G., FRAUD OR GROSS NEGLIGENCE).

The Restaurant shall defend, indemnify and hold harmless WineUp Labs and its affiliates from and against any and all third-party claims, demands, actions, regulatory investigations, damages, fines, settlements, costs and expenses (including reasonable legal fees) arising from or relating to: (a) Restaurant Content, (b) the Restaurant's service of food, beverage or alcohol, (c) any allergen, intoxication, intoxicated-driving, under-age or food-safety incident, (d) the Restaurant's breach of these Terms or applicable law, (e) any guest dispute, and (f) the Restaurant's misuse, mispresentation or non-review of AI-generated content.

You may cancel at any time from the billing portal (see Refund & Cancellation). We may suspend or terminate immediately, without refund, on material breach of these Terms, abusive use, unlawful conduct, repeated chargebacks, or where required by law or by a competent authority. On termination, all rights granted to you under these Terms cease and we will delete data per the retention schedule in the Privacy Policy.

Neither party shall be liable for any failure or delay due to events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, governmental action, labour disputes, internet, hosting or third-party-provider failures.

We may modify these Terms. We will notify the Restaurant administrator by email at least 14 days before material changes take effect. The Restaurant's continued use of the platform after the effective date constitutes acceptance. If you do not agree, you must cancel before the effective date.

These Terms are governed by the laws of the jurisdiction in which WineUp Labs is incorporated, without regard to its conflict-of-laws principles. Any dispute, controversy or claim arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of that jurisdiction, without prejudice to any mandatory consumer-protection law that may apply to the Restaurant's benefit.

• Entire agreement: these Terms, together with the Privacy Policy and the Refund & Cancellation page, constitute the entire agreement between the parties on this subject.
• Severability: if any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
• No waiver: failure to enforce any provision shall not constitute a waiver of it.
• Assignment: the Restaurant may not assign these Terms without our prior written consent; WineUp may assign these Terms in connection with a merger, acquisition or sale of substantially all of its assets.
• Independent contractors: the parties are independent contractors; nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
• Notices: notices to WineUp must be sent to wineuptech@gmail.com. Notices to the Restaurant will be sent to the admin email associated with the account.

Questions about these Terms? Email wineuptech@gmail.com.