Plain-English summary. Sip Vino keeps a record of the wine you own and tracks the drinks you log. It is a self-awareness tool, not a medical or legal device, and you cannot rely on its BAC numbers. Its drink windows and cellar valuations are estimates, not appraisals — don't insure or sell anything on the strength of them. Your cellar is stored on your phone, so backing it up is on you. You own your data; we don't sell it. Subscriptions auto-renew through Apple unless you cancel. We can update these terms — if we do, we'll let you know.
1. The parties
This End-User Licence Agreement (the "EULA" or "Agreement") is entered into by and between Delta Metrics LLC, a limited liability company organised under the laws of the United States ("Delta Metrics," "we," "us," "our"), and you, the end user of the Sip Vino mobile application and any related websites or services (collectively, the "App" or "Service"). By installing, accessing or using the App, you agree to be bound by this Agreement. If you do not agree, do not install or use the App.
This Agreement covers Sip Vino. Our other apps are licensed separately — see the Sip Terms of Use and the Sip Water Terms of Use.
2. Licence grant
Subject to your continuing compliance with this Agreement, Delta Metrics grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use one copy of the App on any device that you own or control and that is permitted by the applicable platform (e.g. the Apple App Store) terms. All rights not expressly granted are reserved by Delta Metrics.
3. Restrictions
You may not, and may not permit any third party to:
- Reverse engineer, decompile, disassemble, or attempt to extract source code from the App, except to the limited extent applicable law permits despite this prohibition.
- Copy, modify, translate, or create derivative works of the App.
- Rent, lease, lend, sell, sublicense, distribute, transmit, host, or otherwise commercially exploit the App.
- Remove or alter any proprietary notices contained in the App.
- Use the App to develop a competing product or service.
- Use the App in violation of any applicable law, including laws relating to alcohol consumption, driving, the sale or resale of alcohol, and the age of majority.
4. Accounts & eligibility
To use most features of the App you must create an account. Sip Vino uses the same Delta Metrics account as Sip, so signing in to one signs you in to the other, and deleting the account affects both. You represent and warrant that you are at least 21 years of age (or the age of legal majority in your jurisdiction, whichever is higher), that the information you provide is accurate and complete, and that you will keep your account credentials secure. You are responsible for all activity that occurs on or through your account.
The cellar feature stores its data on your device rather than on your account, so it is available without signing in and is not transferred when you sign in on a different device.
5. Not medical or legal advice
Sip Vino is a self-awareness and lifestyle tool. It is not a medical device, not a legal device, and not a substitute for professional advice. The Blood Alcohol Concentration ("BAC") estimates, calorie counts, hydration suggestions and other metrics shown in the App are calibrated approximations based on the information you provide (for example body weight, drinks logged and time elapsed). They are inherently imprecise and may differ — sometimes substantially — from clinical measurements or from your actual physiological state.
You agree not to rely on Sip Vino for any decision that involves a risk of harm to yourself or others, including, without limitation, whether it is safe or lawful to operate a motor vehicle, machinery or watercraft. If you have been drinking, do not drive. If you have questions about your health, consult a qualified medical professional.
6. Drink windows and cellar valuations are estimates
Where you do not supply a drink window yourself, the App generates one from the varietal, the vintage and the bottle format, and labels it as estimated. Such an estimate knows nothing about the specific producer, the specific growing year, or your storage conditions. It is a prompt, not a verdict, and Delta Metrics accepts no liability for a bottle opened too early, left too long, or spoiled.
The App does not appraise wine and does not consult any market-price source. "Estimated worth" means the value you entered, or, for bottles you have not revalued, the price you told us you paid. The resulting figures are a convenience for your own record-keeping. They are not an appraisal, a valuation, investment advice or a basis for insurance, taxation, resale or any financial decision, and must not be presented to a third party as one.
7. Your cellar data, and backups
Your bottles, prices and tasting notes are stored in local storage on your device and are not uploaded to Delta Metrics. You retain all rights in them. Because we hold no copy, there is no cellar sync and no server-side backup: if you delete the App, lose or reset your device, or restore from a backup that does not contain it, that data is gone and we cannot recover it. Maintaining a device backup is your responsibility, and Delta Metrics is not liable for the loss of data stored only on your device.
8. User content & social features
The App lets you log drinks, write captions, upload photos, follow friends and share posts (collectively, "User Content"). You retain ownership of your User Content. By submitting User Content you grant Delta Metrics a worldwide, royalty-free, sublicensable, non-exclusive licence to host, store, reproduce, display and distribute that content solely to operate, improve and provide the Service. Cellar entries are not User Content for these purposes, because they are never submitted to us.
You agree not to upload User Content that:
- Is unlawful, defamatory, fraudulent, hateful, harassing or threatening.
- Infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other intellectual or proprietary right.
- Contains personally identifying information about another person without their consent.
- Promotes the consumption of alcohol by minors or excessive consumption in ways likely to cause harm.
- Offers alcohol for sale, or solicits its purchase, in a manner that is unlawful in your jurisdiction.
- Contains software viruses, malicious code, or attempts to disrupt the Service.
We may, but are not required to, review, moderate, suspend, edit or remove any User Content for any reason or no reason, including to comply with applicable law or platform policies (for example Apple App Store Guideline 1.2 on user-generated content).
9. Subscriptions & in-app purchases
Some features of the App require a paid subscription ("Sip Vino Plus" or "Sip Vino Pro"). All purchases are processed by Apple through the App Store and are subject to Apple's standard terms. The current prices and the contents of each tier are shown in the App at the point of purchase and are the authoritative statement of what you are buying.
Auto-renewal terms
- Payment is charged to your Apple ID at confirmation of purchase.
- Subscriptions automatically renew at the end of the current period at the then-current price unless auto-renew is turned off at least 24 hours before the end of that period.
- Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
- You can manage and cancel subscriptions in your App Store account settings after purchase. Deleting the App does not cancel your subscription.
- No refunds will be provided for the unused portion of any term, except as required by applicable law or Apple's policies.
Free trials
If we offer a free trial, you must cancel before the trial period ends to avoid being charged. Trials may not be available to users who have previously used a Sip or Sip Vino trial or subscription.
10. Changes to the Service or these terms
We may add, change, suspend or discontinue any part of the Service at any time, with or without notice. We may also modify this Agreement. If we make a material change we will give you reasonable notice (for example, via in-app notice or email) before it takes effect. Your continued use of the Service after a change takes effect constitutes your acceptance of the change. If you do not agree with a change, your sole remedy is to stop using the Service.
11. Termination
You may stop using the App and delete your account at any time (see how to delete your account). We may suspend or terminate your access if we reasonably believe you have violated this Agreement, the law, or our community guidelines. Sections that by their nature should survive termination — including ownership, disclaimers, indemnity, limitation of liability, governing law and dispute resolution — will survive.
12. Intellectual property
The App, its source code, design, trademarks, logos and all related content (other than your User Content) are owned by Delta Metrics or its licensors and are protected by United States and international copyright, trademark and other intellectual-property laws. "Sip", "Sip Vino", the Sip logos and "Delta Metrics" are trademarks of Delta Metrics LLC. Producer names, wine names and appellations you enter remain the marks of their respective owners; nothing in the App implies any affiliation with or endorsement by them. Nothing in this Agreement transfers any ownership interest in any of those rights to you.
13. Disclaimer of warranties
THE APP AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. To the maximum extent permitted by law, Delta Metrics disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of data and quiet enjoyment. Delta Metrics does not warrant that the App will be uninterrupted, secure or free of errors, or that BAC, calorie, drink-window or valuation figures will be accurate.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELTA METRICS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF DELTA METRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Delta Metrics' aggregate liability for any claim arising out of or related to this Agreement will not exceed the greater of (a) the amount you paid Delta Metrics in the twelve (12) months preceding the event giving rise to the claim, and (b) one hundred U.S. dollars (US$100).
15. Indemnification
You agree to indemnify, defend and hold harmless Delta Metrics and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your access to or use of the App, (ii) your User Content, (iii) your violation of this Agreement, or (iv) your violation of any third-party right.
16. Apple-specific terms
You acknowledge that this Agreement is between you and Delta Metrics, not with Apple Inc., and that Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support services for the App. In the event of a failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation whatsoever. Claims relating to the App's failure to conform to applicable legal requirements, product liability, intellectual-property infringement, or consumer-protection law are the responsibility of Delta Metrics. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
17. Governing law & dispute resolution
This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising under or in connection with this Agreement will be resolved exclusively by the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
18. General
If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign this Agreement; we may. This Agreement, together with our Privacy Policy, is the entire agreement between you and Delta Metrics regarding the App.
19. Contact
Questions about this Agreement? Email us at [email protected].
Delta Metrics LLC · Los Angeles, California, USA