eSomme Terms of Use
Effective Date: August 14, 2026
Last Updated: August 14, 2026
These Terms of Use (“Terms”) are an agreement between you and Christopher Johnson, doing business as eSomme (“eSomme,” “we,” “us,” or “our”). They govern your access to and use of the eSomme mobile application, esomme.com, and related services collectively referred to as the “Services.”
By accessing or using the Services, you agree to these Terms and the eSomme Privacy Policy. If you do not agree, do not use the Services.
1. The Services
eSomme provides tools for recording and rating wines, maintaining tasting history, analyzing wine preferences, and generating wine-related write-ups, insights, recommendations, and food-pairing suggestions.
Some features operate locally on your device. Other features require an account, internet access, a paid subscription, or processing by eSomme’s servers and third-party AI providers.
eSomme does not sell alcohol, complete alcohol purchases, or guarantee the availability, quality, price, safety, or suitability of any wine or other product.
2. Eligibility and Responsible Use
You must be legally capable of entering into these Terms. Wine-related content is intended for adults of legal drinking age in their jurisdiction.
You agree to use the Services responsibly and comply with applicable alcohol, health, transportation, and safety laws. eSomme does not encourage excessive or unlawful alcohol consumption. Never drink and drive.
3. Accounts
You may need an account to use synchronization, personalization, Premium, or server-powered features.
You agree to:
Provide accurate account information;
Maintain the security of your authentication method and device;
Use only an account you are authorized to use; and
Notify us promptly if you believe your account has been compromised.
You are responsible for activity occurring through your account unless prohibited by applicable law.
Authentication may be provided through Apple or Google. Your use of those services is also subject to their terms and privacy policies.
4. Free and Premium Features
The Free version of eSomme may include basic wine rating, saved wines, heuristic summaries, and local analysis.
eSomme Premium provides access to server-powered AI features, which may include AI tasting write-ups, personalized insights, recommendations, pairings, and similar functionality identified in the app.
Features may evolve over time. We will not materially misrepresent the benefits of a paid subscription. We may apply reasonable technical or usage limits to protect the Services, prevent abuse, manage capacity, or maintain reliable service. Any material limits applicable to ordinary Premium use will be disclosed within the Services.
5. Auto-Renewable Subscriptions
eSomme Premium is offered as an auto-renewable subscription through Apple’s App Store.
Before purchase, the app will display the subscription price, billing period, and included benefits. Prices may vary by country or region and may include applicable taxes.
When you subscribe:
Payment is charged to your Apple Account;
The subscription automatically renews for successive monthly periods unless canceled;
Your Apple Account may be charged for renewal within 24 hours before the end of the current subscription period;
You can manage or cancel the subscription through your Apple Account subscription settings; and
Cancellation takes effect at the end of the then-current paid period unless Apple or applicable law provides otherwise.
Deleting the eSomme app or your eSomme account does not automatically cancel your Apple subscription. You should cancel the subscription through Apple before deleting your account if you do not want future renewals.
Apple processes payments, cancellations, refunds, billing disputes, introductory offers, and price-change consent under its applicable terms. Except where required by law, eSomme cannot directly issue refunds for purchases processed by Apple. Refund requests may be submitted through Apple.
If a free trial or introductory offer is provided, the terms shown at purchase will control. Unless canceled before the offer ends, the subscription will convert to the displayed paid subscription.
6. AI-Generated Content
Some eSomme features use artificial intelligence. AI-generated material may be incomplete, inaccurate, outdated, inconsistent, or unsuitable for your circumstances. Similar or identical output may be generated for other users.
AI output is provided for informational and entertainment purposes. It is not a substitute for professional advice, sensory evaluation, allergy guidance, medical advice, legal advice, financial advice, or responsible personal judgment.
You are responsible for reviewing AI output before relying on or sharing it. eSomme does not guarantee that a recommendation, pairing, description, vintage assessment, price estimate, or other AI-generated statement is correct.
Do not submit confidential, unlawful, or highly sensitive personal information through AI features.
7. Your Content
“Your Content” includes tasting notes, ratings, profile information, requests, feedback, and other material you submit to the Services.
As between you and eSomme, you retain ownership of Your Content. You grant eSomme a limited, nonexclusive, worldwide license to host, copy, transmit, process, format, and display Your Content solely as reasonably necessary to:
Operate and provide the Services;
Synchronize information across your devices;
Generate requested analysis or AI output;
Maintain security and prevent abuse; and
Comply with law.
This license ends when Your Content is deleted from our active systems, except for temporary backup copies and information we are legally required to retain.
You represent that you have the right to submit Your Content and that it does not violate applicable law or another person’s rights.
8. Acceptable Use
You may not:
Use the Services for unlawful, fraudulent, abusive, or harmful purposes;
Attempt to access another user’s account or data;
Interfere with or overload the Services;
Circumvent subscription, authentication, security, or usage controls;
Use automated systems to extract data or generate excessive requests without permission;
Reverse engineer or attempt to discover nonpublic source code except where applicable law expressly permits it;
Upload malware or malicious code;
Infringe intellectual-property, privacy, publicity, or other rights; or
Resell or commercially exploit the Services without written permission.
We may investigate suspected violations and restrict or suspend access when reasonably necessary to protect eSomme, users, providers, or the public.
9. eSomme Intellectual Property
The Services—including their design, software, branding, graphics, databases, selection and arrangement of content, and underlying technology—are owned by or licensed to eSomme and are protected by applicable intellectual-property laws.
Subject to these Terms, eSomme grants you a limited, personal, revocable, nonexclusive, nontransferable license to use the Services for their intended purposes.
The eSomme name, logo, and related branding may not be used without permission. No rights are granted except as expressly stated in these Terms.
10. Feedback
If you provide suggestions or feedback, you grant eSomme permission to use that feedback without restriction or compensation. This does not transfer ownership of your private tasting records or other personal content.
11. Third-Party Services
The Services may rely on or link to third-party services, including Apple, Google, OpenAI, hosting providers, authentication providers, and external websites.
Third-party services are governed by their own terms and privacy policies. eSomme is not responsible for third-party services or content, although we remain responsible for our own handling of personal information as described in the eSomme Privacy Policy.
12. Apple-Specific Terms
If you downloaded eSomme from Apple’s App Store, Apple’s Standard End User License Agreement applies to the license for the app unless a different Apple-approved license is presented.
You acknowledge that:
These Terms are between you and eSomme, not Apple;
Apple is not responsible for providing maintenance or support for eSomme;
Apple is not responsible for claims relating to the Services except as required by law;
Apple and its subsidiaries are third-party beneficiaries of the applicable app-license terms; and
You must comply with applicable third-party terms when using the Services.
Apple’s Standard End User License Agreement is available at:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
13. Availability and Changes
We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation. Features may be temporarily unavailable because of maintenance, network conditions, provider outages, security incidents, capacity limits, or events beyond our control.
We may modify, add, or discontinue features. If a change materially reduces an active paid subscription, we will take reasonable steps to provide notice or an appropriate remedy where required by law.
14. Account Suspension and Termination
You may stop using the Services at any time and may request account deletion through the app or by contacting support@esomme.com.
We may suspend or terminate access if you materially violate these Terms, create security or legal risk, abuse the Services, or fail to pay applicable subscription charges. Where reasonable, we will provide notice and an opportunity to address the issue.
Account deletion or termination does not automatically cancel an Apple subscription. Sections that by their nature should survive termination—including ownership, disclaimers, liability limitations, and dispute provisions—will survive.
15. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available.”
eSomme disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not warrant that the Services or AI output will be accurate, complete, uninterrupted, secure, or free from harmful components.
Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
16. Limitation of Liability
To the fullest extent permitted by law, eSomme and its owner, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunities arising from the Services.
To the fullest extent permitted by law, eSomme’s total liability arising from the Services will not exceed the greater of:
The amount you paid to eSomme through the App Store during the 12 months preceding the event giving rise to the claim; or
One hundred U.S. dollars (US $100).
These limitations do not apply where prohibited by law or to liability that cannot legally be limited.
17. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless eSomme and its owner from claims, losses, and reasonable expenses arising from your unlawful use of the Services, your material violation of these Terms, or Your Content’s violation of another person’s rights.
This section does not require you to indemnify eSomme for eSomme’s own unlawful conduct, negligence, or willful misconduct.
18. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Subject to any consumer rights that require otherwise, disputes will be brought in the state or federal courts serving Orange County, California. Nothing in these Terms prevents either party from bringing an eligible matter in small-claims court.
If the laws where you reside provide mandatory consumer protections, those protections remain available to you.
19. Changes to These Terms
We may update these Terms as the Services or applicable laws change. Updated Terms will be posted with a revised “Last Updated” date.
If a change materially affects your rights or an active paid subscription, we will provide additional notice when reasonably appropriate. Continued use after updated Terms take effect constitutes acceptance to the extent permitted by law.
20. Contact
Questions about these Terms may be directed to:
eSomme
Operated by Christopher Johnson
Mission Viejo, California, United States
Email: support@esomme.com
Website: https://esomme.com