Introduction

Welcome to Cellary. These Terms and Conditions ("Terms") govern your use of the Cellary wine cellar management and tasting notes application ("Service"), operated by Cellary Wine App Pty Ltd ("we," "us," or "our").

By accessing or using Cellary, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By creating an account or using any part of the Service, you agree to:

• These Terms and Conditions
• Our Privacy Policy
• All applicable laws and regulations

We reserve the right to modify these Terms at any time. Material changes will be communicated via email and the "Last Updated" date above. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility and Account Requirements

Age Requirement

You must be at least 18 years of age to use Cellary. By using the Service, you represent and warrant that you meet this age requirement.

Account Responsibilities

You agree to:

• Provide accurate and current information during registration
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

You may not share your account credentials or allow others to access your account.

3. User Content and License Grant

Your Content

"User Content" includes all information, data, text, photographs, ratings, reviews, and tasting notes you submit, upload, or share through the Service. You retain ownership of your User Content.

License to Cellary

This license is necessary to operate the Service and provide value to both users and winery partners.

Content Standards

You agree that your User Content will not:

• Violate any applicable law or regulation
• Infringe intellectual property rights of others
• Contain offensive, defamatory, or harassing material
• Include spam, advertising, or promotional material (unless authorized)
• Contain malware, viruses, or harmful code
• Impersonate any person or entity

We reserve the right to remove any User Content that violates these standards without notice.

4. Free Users vs Premium Users

5. Prohibited Uses

You may not:

• Use the Service for any illegal purpose or in violation of any laws
• Scrape, crawl, or use automated tools to extract data from the Service
• Reverse engineer, decompile, or attempt to derive source code from the Service
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit spam, malware, or harmful content
• Impersonate wineries, venues, or other users
• Create multiple accounts to circumvent restrictions
• Commercially resell or redistribute data obtained from the Service
• Use another user's account without permission

Violation of these prohibitions may result in immediate termination of your account and potential legal action.

6. Intellectual Property

Cellary's Intellectual Property

The Service, including its design, features, graphics, text, and software, is owned by Cellary Wine App Pty Ltd and protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our express written permission.

Trademarks

"Cellary" and the Cellary logo are trademarks of Cellary Wine App Pty Ltd. You may not use our trademarks without prior written consent.

Third-Party Content

Wine information, producer names, and related data may be sourced from third parties and are the property of their respective owners.

7. Disclaimers and Limitations of Liability

Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Accuracy, completeness, or reliability of content
• Uninterrupted or error-free operation
• Fitness for a particular purpose
• Non-infringement

No Professional Advice

Limitation of Liability

To the maximum extent permitted by law, Cellary Wine App Pty Ltd shall not be liable for any:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Service interruptions or data loss

Our maximum liability is limited to the greater of:

• AUD $100, or
• The amount you paid us in the 12 months preceding the claim

8. Indemnification

You agree to indemnify, defend, and hold harmless Cellary Wine App Pty Ltd, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights

9. Termination

By You

You may delete your account at any time from Settings. Upon deletion, your personal information and User Content will be removed within 30 days.

By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in prohibited activities
• Provide false information
• Engage in abusive or harmful behavior

Effect of Termination

Upon termination, your right to use the Service immediately ceases. Previously aggregated and anonymized data that has been shared with wineries cannot be retrieved, as it no longer contains information linking it to you.

10. Third-Party Links and Services

The Service may contain links to third-party websites, services, or content. We do not endorse or assume responsibility for any third-party sites, products, or services. Your use of third-party services is at your own risk and subject to their terms and privacy policies.

11. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by the laws of South Australia, Australia, without regard to conflict of law principles.

Jurisdiction

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of South Australia, Australia.

12. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cellary regarding the Service.

Severability

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

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or successor without restriction.

13. Contact Information

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

By using Cellary, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.