Legal
Terms of Service
Last updated: April 7, 2026
1. Eligibility
You must be at least 21 years old to use the Service. The Service is intended only for individuals located in the United States. It is not directed to, offered to, or intended for use by individuals located outside the United States. By accessing or using the Service, you represent and warrant that you are located in the United States.
2. Use of Service
You agree to use the Service lawfully and in compliance with these Terms. You acknowledge and agree that these Terms are concluded between you and Palatora only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Palatora, not Apple or Google, is solely responsible for the Service and the content thereof. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the Service to you (if applicable); to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the Service.
3. Data Usage
Your data is used as described in the Privacy Policy. We do NOT sell identifiable personal data. We may use aggregated and pseudonymized data for business purposes.
4. User Content
You hereby grant Palatora a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content you provide (including reviews, photos, and palate data) in connection with the Service and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels (including, without limitation, third-party websites and feeds). This license survives the termination of your account or the Service. This does not override your privacy rights regarding personal data as described in the Privacy Policy.
5. AI Features
Recommendations are generated using AI and are not guaranteed. AI recommendations are not a substitute for professional advice, and we disclaim liability for inaccurate recommendations or any health consequences (e.g., allergic reactions to recommended wines).
6. Security Commitment
We implement industry-standard safeguards to protect your data.
7. Liability
Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PALATORA BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF PALATORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PALATORA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE-HUNDRED DOLLARS ($100.00) OR (II) THE AMOUNTS PAID BY YOU TO PALATORA IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
Nothing in these Terms limits liability where prohibited by applicable law.
Indemnification
You agree to indemnify and hold Palatora and its officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to: (a) your use of the Service (including any actions taken by a third party using your account); and (b) your violation of these Terms.
8. Dispute Resolution
Informal Resolution
Before initiating arbitration, the parties shall use their best efforts to settle any dispute directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration.
Binding Arbitration
If good-faith negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Wilmington, Delaware before one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class Action Waiver
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Arbitration Opt-Out
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to privacy@palatorawines.com, postmarked within thirty (30) days of first accepting these Terms. If you opt out of these arbitration provisions, Palatora also will not be bound by them.
9. Governing Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to its conflict of laws principles. Users retain statutory rights under applicable law.
10. Termination
We may suspend or terminate accounts for violations of these Terms. We will try to provide advance notice prior to terminating your account so that you are able to retrieve any important content you may have stored. Upon termination, data is handled per the Privacy Policy. Please note that account termination may result in the destruction of any content associated with your account. Anonymized and aggregated data may be retained indefinitely for research and business purposes.
11. Changes to Terms
We reserve the right to change these Terms at any time. If we do, we will place a notice on our site, send you an email, and/or notify you by in-app notification. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes.
12. Contact
Questions about these Terms? Email hello@palatorawines.com.