Terms of Service

1. Acceptance of Terms

Welcome to Sophie's Trophies ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the Sophie's Trophies website, mobile applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Service Description

Sophie's Trophies provides a comprehensive wine identification and education platform that includes:

• AI-Powered Wine Identification: Upload photos of wine labels to receive detailed information about the wine, including name, winery, vintage, region, grape varieties, tasting notes, and food pairings.
• Personal Wine Collection: Save and organize your favorite wines, add purchase details, storage locations, and personal notes.
• User Reviews and Ratings: Share your wine experiences with the community and read reviews from other users.
• Wine Education: Access curated content about grape varieties, wine regions, winemaking techniques, and wine culture.
• Sophie AI Chat: Interact with our wine education AI assistant for personalized recommendations and wine knowledge.
• Price Estimates: View estimated price ranges for wines based on market data (for informational purposes only).

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. User Accounts and Authentication

3.1 Account Creation

To use certain features of the Service, you must create an account by signing in with your Google account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies

You may delete your account at any time by contacting us at support@sophiestrophies.com. Upon account deletion, your personal information will be removed in accordance with our Privacy Policy.

4. Age Requirements and Alcohol Content

4.1 Minimum Age

You must be at least 21 years of age (or the legal drinking age in your jurisdiction) to use Sophie's Trophies. By using the Service, you represent and warrant that you meet this age requirement. We implement an age verification system to restrict access to alcohol-related content.

4.2 Responsible Use

Sophie's Trophies is an educational platform about wine and does not sell or deliver alcoholic beverages. You agree to:

• Use the Service responsibly and in compliance with all applicable laws regarding alcohol consumption
• Not use the Service to facilitate illegal alcohol sales or underage drinking
• Understand that wine information is for educational purposes and not medical advice
• Consume alcohol responsibly if you choose to purchase wines featured on the Service

4.3 Third-Party Purchases

Wine purchases made through affiliate links or recommendations are subject to the retailers' terms, conditions, and age verification processes. We are not responsible for the sale, delivery, or quality of wines purchased from third-party retailers.

5. User Responsibilities and Prohibited Conduct

5.1 Acceptable Use

You agree to use the Service only for lawful purposes. You will not:

• Upload false, misleading, or inaccurate information about wines
• Impersonate any person or entity or misrepresent your affiliation
• Use automated systems (bots, scrapers, crawlers) to access the Service without permission
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Violate any applicable laws or regulations
• Interfere with or disrupt the Service or servers

5.2 User-Generated Content

You may submit reviews, ratings, photos, and other content ("User Content"). You are solely responsible for your User Content and agree that it:

• Does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Is not defamatory, obscene, offensive, or illegal
• Does not contain spam or commercial solicitations
• Represents your genuine personal experience with the wine

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

6. Intellectual Property Rights

6.1 Sophie's Trophies Ownership

The Service and its original content (excluding User Content), features, and functionality are owned by Sophie's Trophies and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks, logos, and service marks ("Sophie's Trophies Marks") may not be used without our prior written permission. All other trademarks, product names, and company names mentioned on the Service are the property of their respective owners.

6.2 User Content License

By submitting User Content to the Service, you grant Sophie's Trophies a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Sophie's Trophies's business operations.

You retain all ownership rights to your User Content. This license continues even if you stop using the Service, but you may request removal of your User Content by contacting us.

6.3 Copyright Infringement

If you believe that content on the Service infringes your copyright, please contact us at support@sophiestrophies.com with:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

7. AI-Generated Content and Data Accuracy

7.1 AI Technology

Sophie's Trophies uses artificial intelligence (Anthropic Claude) to identify wines from label photos and provide information. While we strive for accuracy, AI technology has limitations and may occasionally produce errors or incomplete information.

7.2 No Guarantee of Accuracy

Wine information, including but not limited to vintage, region, tasting notes, price estimates, and ratings, is provided for educational and informational purposes only. We do not guarantee the accuracy, completeness, or reliability of:

• AI-generated wine identifications and descriptions
• Price estimates (actual prices may vary significantly by retailer and location)
• Professional critic scores and ratings (aggregated from various sources)
• User reviews and ratings (represent individual opinions)
• Wine availability or current market conditions

You should verify important information independently before making purchase or consumption decisions.

7.3 Price Estimates Disclaimer

Price ranges displayed on Sophie's Trophies are estimates based on publicly available market data and may not reflect current retail prices. Actual prices vary by retailer, location, vintage, and market conditions. Price estimates are for informational purposes only and do not constitute price quotes or offers to sell.

8. Third-Party Links and Services

The Service may contain links to third-party websites, retailers, or services that are not owned or controlled by Sophie's Trophies. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.

You acknowledge and agree that Sophie's Trophies shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services available through such sites.

8.1 Affiliate Relationships

Sophie's Trophies may participate in affiliate marketing programs. When you click affiliate links and make purchases, we may receive a commission at no additional cost to you. These relationships do not influence our wine identification technology or editorial content.

9. Usage Limits and Service Availability

9.1 Rate Limits

To ensure fair usage and service quality, we may impose limits on:

• Number of wine identifications per day
• Number of chat messages with Sophie AI (currently limited to 50 messages per day)
• API request rates
• Storage space for wine collections

Excessive or abusive usage may result in temporary or permanent suspension of your account.

9.2 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or infrastructure problems
• Third-party service disruptions (AWS, Google, Anthropic)
• Force majeure events

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SOPHIE DOES NOT WARRANT THAT:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• Wine identifications or information will be accurate or reliable
• Any errors or defects will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOPHIE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL SOPHIE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS, OR $100, WHICHEVER IS GREATER.

10.3 Health and Safety Disclaimer

Sophie's Trophies provides educational information about wine but is not a substitute for professional medical, dietary, or health advice. We do not provide medical advice or recommendations regarding alcohol consumption. Consult with healthcare professionals regarding alcohol use, especially if you have health conditions, take medications, are pregnant, or nursing.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sophie's Trophies, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiations. If negotiations fail, the dispute shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules.

12.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in any class action against Sophie's Trophies.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of these Terms
• Posting a prominent notice on our website
• Sending an email notification to registered users

Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and delete your account.

14. Termination

Either party may terminate this agreement at any time. You may terminate by ceasing use of the Service and deleting your account. We may terminate or suspend your access immediately, without prior notice, for any reason, including violation of these Terms.

Upon termination, your right to use the Service will cease immediately. Sections that by their nature should survive termination (including intellectual property provisions, disclaimers, and limitations of liability) will survive.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sophie's Trophies regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have questions about these Terms of Service, please contact us:

We will respond to inquiries within 5-7 business days.