Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Total Jitter LLC ("Company," "we," "us," or "our") concerning your access to and use of the Vine Savant mobile application and web platform (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

2. Age Requirement and Eligibility

You must be of legal drinking age to use Vine Savant. Specifically:

• You must be at least 21 years old if you are in the United States
• You must be at least 18 years old if you are in any other country where 18 is the legal drinking age
• You must meet the minimum legal drinking age in your jurisdiction if different from the above

By using the Service, you represent and warrant that you meet these age requirements. We reserve the right to request proof of age and to terminate accounts that do not meet these requirements.

2.2 Responsible Drinking and Safety

By using Vine Savant, you agree to the following responsible drinking principles:

By using Vine Savant, you acknowledge that Total Jitter LLC is not responsible for any consequences of your alcohol consumption, including but not limited to accidents, injuries, health issues, or legal violations. You assume all risks associated with drinking alcohol.

3. Account Registration and Security

3.1 Account Types

Vine Savant offers both anonymous play and registered accounts. Registered accounts may use Sign in with Apple, Google Sign-In, or email/password authentication.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with others

3.3 Username Policy

Your username must not be offensive, misleading, or infringe on the rights of others. We reserve the right to refuse or remove any username that violates these Terms.

5. Acceptable Use Policy

5.1 Permitted Uses

Vine Savant is designed for social wine tasting games among friends. You may use the Service to:

• Create and host wine tasting games
• Join games hosted by others
• Submit wine ratings, tasting notes, and quiz responses
• View leaderboards, accolades, and game results
• Upload photos of wine bottles for identification purposes
• Upload game pictures/logos to personalize your games

5.2 Prohibited Conduct

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Promote excessive alcohol consumption or drinking and driving
• Submit offensive, abusive, harassing, or inappropriate content
• Upload illegal, obscene, pornographic, or otherwise inappropriate images
• Upload images that infringe on intellectual property rights or contain copyrighted material without permission
• Upload images containing personal information of others (e.g., faces, license plates)
• Impersonate another person or misrepresent your identity
• Spam, advertise, or promote commercial products without authorization
• Upload viruses, malware, or any harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Collect or harvest personal information about other users
• Violate any third-party rights, including intellectual property rights

6. User-Generated Content and Image Uploads

6.1 Your Content and Images

You retain ownership of the content you create and submit to Vine Savant, including ratings, tasting notes, photos, and game images ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, and transferable license to use, display, reproduce, modify, and distribute your User Content for the purpose of operating and improving the Service.

6.2 Image Upload Guidelines

• Illegal content: Images depicting illegal activities, violence, or criminal conduct
• Sexually explicit content: Pornography, nudity, or sexually suggestive material
• Infringing content: Copyrighted images, trademarks, or logos without proper authorization
• Personal information: Images containing identifiable faces (except your own), addresses, phone numbers, or license plates
• Minors: Any images of individuals under the legal drinking age
• Misleading content: Images that misrepresent the game or deceive other users
• Malicious content: Images designed to exploit security vulnerabilities or contain hidden malware

6.3 Content Responsibility

You are solely responsible for all images and content you upload. You represent and warrant that:

• You own or have the necessary rights and permissions to upload and share the images
• Your images do not violate any laws, regulations, or third-party rights
• Your images comply with our image upload guidelines and community standards
• You have obtained consent from any identifiable individuals appearing in your images
• Your images are not defamatory, libelous, or invasive of privacy

6.4 Content Moderation and Removal

We reserve the right (but have no obligation) to monitor, review, and remove images and User Content that violates these Terms or is otherwise objectionable. We may take action without notice, including:

• Removing inappropriate images immediately
• Suspending or terminating accounts that repeatedly violate image policies
• Reporting illegal content to law enforcement authorities
• Banning users from uploading images

6.5 Image Storage and Deletion

When you delete your account, all images you uploaded (game logos and wine bottle photos) will be permanently deleted from our servers within 30 days.

If you want to remove a specific image without deleting your account, please contact us at support@totaljitter.com.

6.6 Copyright and DMCA

We respect intellectual property rights. If you believe that your copyrighted work has been uploaded without authorization, please contact us at legal@totaljitter.com with:

• Description of the copyrighted work
• Location of the infringing material (game code, screenshot)
• Your contact information
• Statement of good faith belief
• Statement of accuracy and authorization

7. Game Host Responsibilities

If you create and host a game, you are responsible for:

• Ensuring that all game participants meet the age requirements
• Adding accurate wine information to the game
• Managing game settings and participants appropriately
• Not using the Service to promote commercial interests without authorization
• Monitoring and moderating player conduct within your game

8. Intellectual Property Rights

8.1 Our Property

The Service, including its design, features, graphics, text, code, and all associated intellectual property rights, is owned by Total Jitter LLC or our licensors. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

8.2 Trademarks

"Vine Savant" and related logos, names, and branding are trademarks of Total Jitter LLC. You may not use our trademarks without prior written consent.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use them without any obligation or compensation to you.

9. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services (such as wine retailers). We are not responsible for the content, privacy practices, or terms of third-party services. Your interactions with third parties are solely between you and them.

9.2 Advertising and Monetization

9.2.1 Advertisements

The Service may display advertisements from third-party advertising networks. By using Vine Savant, you acknowledge and agree that:

• Advertisements may appear within the app, including on game screens and result pages
• Ads may be personalized based on your interests, wine preferences, and usage patterns
• Third-party advertisers may use cookies and tracking technologies (see our Privacy Policy)
• We do not control or endorse the content of third-party advertisements
• Clicking on ads will redirect you to external websites not controlled by us

You can opt out of personalized advertising through your device settings (see Privacy Policy Section 7.4). Non-personalized ads may still be displayed.

9.2.2 Affiliate Links and Commissions

By using the Service, you understand and agree that:

• "Where to Buy" links, wine purchase buttons, and retailer links may be affiliate links that generate commissions
• We may earn a commission if you make a purchase through these links, at no additional cost to you
• Affiliate commissions do not influence our wine ratings, reviews, or game results (these are based solely on user submissions)
• We may prioritize or feature certain retailers based on commission rates or partnership agreements
• The availability, pricing, and shipping of products are determined by the retailer, not by Vine Savant
• We are not responsible for the quality, delivery, or customer service of affiliate retailers

9.2.3 Wine Retailer Disclaimers

When you purchase wine through affiliate links:

• You are purchasing from the retailer, not from Vine Savant
• The retailer's terms, privacy policy, and return policy apply
• Vine Savant is not responsible for product availability, quality, or accuracy
• We do not process payments or handle shipping
• Age verification and legal compliance are the retailer's responsibility
• You must comply with all local laws regarding alcohol purchase and delivery

9.2.4 No Guarantees

We do not guarantee:

• That affiliate links will always work or be available
• The accuracy of pricing, product descriptions, or availability on retailer sites
• That you will receive a commission tracking confirmation
• That the retailer will honor their advertised prices or policies

9.2.5 Affiliate Partner Changes

We may add, remove, or change affiliate partnerships at any time without notice. Commission rates and affiliate relationships are subject to change.

9.2.6 Data Collection and Sale for Advertising

We reserve the right to:

• Collect and aggregate data about wine preferences, tasting patterns, game participation, ratings, and user behavior
• Sell, license, or share aggregated and de-identified data with third parties including advertising networks, data brokers, market research firms, wine retailers, and other commercial partners
• Use collected data to display personalized advertisements and measure advertising effectiveness
• Share anonymized usage statistics, wine rating trends, and behavioral analytics for commercial purposes
• Monetize data collected through your use of the Service in any lawful manner that complies with our Privacy Policy

What data may be collected and sold:

• Wine preferences, tasting notes, and rating patterns
• Game participation frequency and engagement metrics
• Quiz responses and trivia performance
• Device information and usage analytics
• General location data (not precise GPS)
• Demographic information and behavioral patterns

This data will be aggregated and anonymized before sale or sharing to protect your personal identity. However, by using the Service, you consent to this data collection and monetization practice.For more details, see our Privacy Policy, particularly Section 5.5 (Advertising and Data Monetization).

If you do not wish for your data to be collected in this manner, you should discontinue use of the Service. You may have the right to opt out of certain data collection practices as described in our Privacy Policy Section 7.4, though this may limit functionality.

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of wine information, ratings, or AI-generated content
• Warranties that defects will be corrected

Wine Information Disclaimer: Wine details, ratings, and tasting notes are user-generated or AI-generated and may be inaccurate. We do not guarantee the accuracy of wine information or recommendations. Always verify wine details independently.

Health and Safety: Vine Savant is a game and entertainment platform. We do not promote excessive alcohol consumption. Drink responsibly, never drink and drive, and follow all applicable laws regarding alcohol consumption.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTAL JITTER LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.

This includes, but is not limited to, damages for:

• Loss of profits, data, or goodwill
• Service interruptions or delays
• Errors or inaccuracies in content
• Unauthorized access to your account
• Actions of other users

Our total liability to you for all claims arising from the Service shall not exceed the greater of (a) the amount you paid us in the twelve months prior to the claim, or (b) $100 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Total Jitter LLC and its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

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

13. Termination

13.1 Termination by You

You may stop using the Service at any time. If you have an account, you may request account deletion by visiting our Account Deletion page.

13.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Illegal or harmful conduct
• Fraudulent or deceptive activity
• Failure to meet age requirements
• Inactivity for an extended period
• At our sole discretion for any other reason

13.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that should reasonably survive termination will survive (including disclaimers, limitations of liability, and indemnification).

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [GOVERNING JURISDICTION], without regard to its conflict of law provisions.

14.2 Informal Resolution

If you have a dispute with us, please contact us first at legal@totaljitter.com to attempt to resolve it informally.

14.3 Arbitration (US Users)

For users in the United States, any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

14.4 Jurisdiction

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in [JURISDICTION], and you waive any objection to such venue.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Updating the "Effective Date" at the top of this page
• Posting a notice in the app or on our website
• Sending you an email (if you have an account)

Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

16. Miscellaneous

16.1 Entire Agreement

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

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

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

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Information

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