Winona — Terms and Conditions
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and DEVOPSLY LTD ("we", "us", "our", the "Company") governing your access to and use of the Winona mobile application and related services (the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy in full. These Terms constitute the entire agreement between you and the Company regarding the Service (see Section 22.1). If you do not agree to every part of these Terms, you must not access or use the Service.
1. Eligibility
You must be at least 18 years old, or the legal drinking age in your country of residence if higher, to use the Service. By creating an account, you represent and warrant that:
- You are at least 18 years old, or older if that is the legal drinking age in your jurisdiction.
- All registration information you provide is accurate, current, and complete.
- You will keep your information accurate and up to date at all times.
- You have the legal capacity to enter into a binding agreement.
We rely on your self-declaration and are under no obligation to independently verify your age or any other information you provide. You are solely responsible for the accuracy of your representations. If we discover or have reasonable grounds to believe a user is underage or has misrepresented any eligibility criterion, we may, in our sole and absolute discretion, immediately terminate the account and delete all associated content without notice or liability to you.
2. User Accounts
You are solely and fully responsible for:
- Maintaining the confidentiality and security of your login credentials.
- All activity conducted through your account, whether or not authorised by you.
- Ensuring your profile information remains truthful, accurate, and current.
- Promptly notifying us of any unauthorised use of your account.
We are not liable for any loss or damage arising from your failure to safeguard your account credentials. You may delete your account at any time through your account settings; see Section 14 for what happens to your data when you do.
3. Permitted Use of the Service
Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to:
- Create, edit, and store wine notes.
- Publish content or keep it private according to your privacy settings.
- Log in to, save, and track events.
- Manage your wine collection and event wine lists.
- Share notes or content as permitted by your chosen visibility settings.
This licence is granted solely for your lawful, personal, non-commercial use. Any use outside this scope, including commercial exploitation of the Service without our prior written consent, is a material breach of these Terms and grounds for immediate termination.
4. User Content and Ownership
4.1 Ownership
You retain all intellectual property rights in your own content — wine notes, photos, comments, collections, and profile details ("User Content"). Publishing User Content through the Service does not transfer ownership to us.
4.2 Licence to us
By uploading or submitting User Content, you grant us a perpetual (for the duration described below), non-exclusive, worldwide, royalty-free, sub-licensable licence to:
- Store, host, and display your User Content within the App.
- Share it according to your privacy and visibility settings.
- Enable re-sharing and social features within the App.
- Reproduce, adapt, and use aggregated and contextual usage data derived from your User Content for analytics and reporting purposes (see Section 8).
This licence continues only while your User Content remains on the platform and ends when you delete it, except for content already reshared by other users, copies retained in secure technical backups for a limited period, or where retention is required by law.
4.3 Your warranties regarding User Content
You represent and warrant that: (a) you own or have all necessary rights to submit your User Content and grant the licence above; (b) your User Content does not infringe the intellectual property, privacy, or other rights of any third party; and (c) your User Content complies with Section 6 (Acceptable Use). You are solely liable for any breach of these warranties, subject to Section 16 (Indemnification).
4.4 Feedback
If you send us feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate that Feedback into the Service in any way, without any obligation to compensate, credit, or seek further consent from you.
4.5 Promotional Use of Public Profile Information
Where your profile is public, we may feature your username, profile name, avatar, and public User Content in promotional materials for the Service, including app store listings, marketing materials, and social media. This applies only to profiles and content that are public; switching your profile to private stops future promotional use of your information.
5. Public Profiles, Feed, and Visibility
5.1 Public Profiles
You choose whether your profile is public or private. Private is the default setting.
- Public profiles may appear in search results, and their content can be viewed or reshared by others within the Service, with attribution to you as the author.
- Private profiles restrict visibility to you alone; your content cannot be reshared by others.
If you switch your profile from public to private, future access is restricted immediately. Content already reshared or copied elsewhere before you went private may continue to exist beyond our control, and we accept no responsibility or liability for its continued existence, redistribution, or use outside the App, including via screenshots or third-party sharing.
5.2 The Feed
Where the Service displays a continuously updated stream of content from other users ("the Feed"), your public content may appear to, and content from other users may appear to you, regardless of whether you follow or know that user. We do not pre-screen, endorse, verify, or exercise editorial control over content shown in the Feed, and its inclusion or prominence does not imply our approval or endorsement of it. If the Feed is ordered using any automated ranking rather than strict chronology, we will describe the main factors used in the App or this Section on request.
We are not responsible or liable for any content posted by other users that appears in the Feed, including its accuracy, legality, or appropriateness, except to the extent we have actual knowledge of unlawful content and fail to act in accordance with Section 5.3 (Reporting Content).
5.3 Reporting Content
The App provides a "Report" function allowing you to flag content or accounts you believe violate these Terms or applicable law. We will review reports we receive and take action at our discretion in accordance with Section 7. Submitting a report does not guarantee removal, and we are not required to disclose the outcome or reasoning to the reporting user beyond what applicable law requires. Misuse of the reporting function, including bad-faith or retaliatory reports, is itself a breach of these Terms.
6. Acceptable Use
You agree not to, and not to attempt to:
- Impersonate any person or organisation, or misrepresent your affiliation with any person or entity.
- Harass, threaten, abuse, defame, or intimidate other users.
- Upload or share hateful, discriminatory, or obscene material.
- Post nudity, sexually explicit, or violent content, or any content involving minors.
- Engage in incitement, or unlawful activity of any kind.
- Infringe the intellectual property, privacy, or other legal rights of any person.
- Scrape, harvest, reverse-engineer, decompile, or disassemble any part of the Service, or interfere with its operation, security, or infrastructure.
- Use the Service to build a competing product or service.
Any breach of this Section is a material breach of these Terms. You are solely and fully responsible for all User Content you upload or share and for any consequences of doing so.
7. Content Moderation and Enforcement
We do not actively monitor or pre-screen User Content. We reserve the right, but assume no obligation, to remove any content, or suspend or terminate any account, at our sole and absolute discretion, if we become aware that these Terms have been violated.
Where practical, we may issue a warning before suspension or termination. For serious breaches, we may act immediately and without notice, including for:
- Underage use.
- Hate speech or hateful symbols.
- Sexual or violent content, or any content involving minors.
- Harassment, threats, or impersonation.
- Any conduct that exposes us, other users, or third parties to legal liability or reputational harm.
We may, where appropriate, review requests for reconsideration of moderation decisions. We are under no obligation to monitor user activity, to explain or justify a moderation decision, or to reinstate any account or content, and we are not responsible for content we have not been made aware of.
8. Aggregated and Analytical Data
We may collect and share aggregated and contextual usage data ("Aggregated Data") derived from how you use the Service, such as:
- Wine popularity and tasting trends (e.g. "30 attendees liked Wine X").
- Behavioural patterns, such as tasting order or time spent.
- Demographic or regional patterns, and organisation type (e.g. off-trade / on-trade).
Aggregated Data may be shared with event organisers, industry partners, or analytics providers — for example, to give an event organiser insight into how attendees engaged with their event. In some cases this data may be indirectly identifiable (for example, through a public profile or username); it is not always fully anonymous, which is why we describe it as "aggregated and contextual" rather than "anonymised."
You can opt out of future data sharing at any time in your privacy settings. Opting out stops future sharing and hides your public profile from other users; it does not remove your data from reports already compiled before you opted out.
9. Events, Alcohol, and Assumption of Risk
Winona is solely a technology platform that connects attendees with independently organised wine tasting events. We are not the organiser, host, seller, or supplier of any event, alcohol, or product offered at an event, and nothing in these Terms makes us one.
Event organisers and other third-party partners are independent of us and are not our agents, employees, or joint venturers. We are not responsible or liable for:
- Event cancellations, changes, safety, or the conduct of organisers or attendees.
- The accuracy of wine data or event information submitted by third parties.
- Any third-party websites, content, products, or links accessed through the Service.
The Service relates to the tasting and consumption of alcohol at events organised by third parties. You acknowledge and accept full responsibility for your own alcohol consumption and its effects, and for complying with all applicable laws regarding alcohol consumption in your jurisdiction. You assume all risk arising from your attendance at, and conduct during, any event, and we accept no liability for any injury, loss, or damage arising from or connected to alcohol consumption or your conduct at an event.
If you are pregnant, taking medication, have a medical condition, or intend to drive or operate machinery, you should seek independent advice before consuming alcohol at any event. You are solely responsible for deciding whether, and how much, to drink.
Your dealings with event organisers and other third parties are entirely at your own risk.
10. Event Organisers
10.1 Organiser Accounts
Event organisers ("Organisers") access the Service through a separate account on our content management system ("CMS") to create, publish, and manage events, attendee lists, and event wine data. An Organiser Account is subject to these Terms in addition to the Organiser-specific provisions in this Section 10, which take precedence over any conflicting provision elsewhere in these Terms as applied to Organisers.
10.2 Organiser Responsibilities
As an Organiser, you are solely responsible for:
- Obtaining and maintaining any licences, permits, or authorisations required to host, serve, or sell alcohol at your events under applicable law.
- The safety, conduct, and legal compliance of your events, including verifying the legal drinking age of attendees where you are responsible for serving alcohol.
- The accuracy and legality of all event details, wine data, pricing, and other information you submit through the CMS.
- Your own compliance with data protection law in respect of any attendee or Aggregated Data you receive (see Section 10.3).
- Your interactions and dealings with attendees, including any disputes, refunds, or complaints relating to your event.
We are not a party to, and assume no responsibility or liability for, any event you organise, host, or promote through the Service. Section 16 (Indemnification) applies to Organisers in respect of these responsibilities.
10.3 Data You Receive as an Organiser
Where we provide you with Aggregated Data about attendee engagement with your event (see Section 8), you agree to use it solely for legitimate event-management and analytics purposes, and not to re-identify, sell, or share it with any third party without the relevant attendee's consent. Where this data constitutes personal data under applicable data protection law, you act as an independent controller of that data and are responsible for your own compliance, including having a lawful basis for any further use.
10.4 Fees and Payment
Organiser Accounts may be subject to fees as set out at the time of registration or as otherwise notified to you ("Fees"). By subscribing to a paid Organiser Account, you agree to:
- Pay all applicable Fees in full, using a valid payment method, on the billing cycle specified at sign-up.
- Fees are exclusive of any applicable taxes, which will be added where required by law.
- We may change our Fees on reasonable notice; continued use of a paid Organiser Account after a Fee change takes effect constitutes acceptance of the new Fees.
- Except as required by law or as we expressly agree in writing, Fees are non-refundable, including where an event is cancelled, postponed, or under-attended.
Failure to pay Fees when due may result in suspension or termination of your Organiser Account and any associated events, in addition to our other rights under these Terms.
10.5 Suspension and Termination of Organiser Accounts
In addition to our rights under Section 7 and Section 18, we may suspend or terminate an Organiser Account for breach of this Section 10, non-payment of Fees, or conduct that exposes us, attendees, or third parties to legal or reputational risk. On termination, we may remove or unpublish your events, subject to Section 14 (Account Deletion and Data Retention).
10.6 Relationship of the Parties
Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you as an Organiser and the Company. You have no authority to bind us or to make representations on our behalf.
10.7 Organiser Content and Licence
Content you submit as an Organiser through the CMS — including event descriptions, wine lists, pricing, and photos ("Organiser Content") — is subject to the same ownership and licence terms as User Content under Section 4: you retain ownership, and you grant us the licence described in Section 4.2 to store, host, display, and share your Organiser Content in connection with the Service. This licence continues for as long as the relevant event or Organiser Content remains on the Service, and is subject to the same post-deletion terms as Section 4.2.
11. Payments and Purchases
11.1 General
Certain features of the Service, including event tickets and other paid features, may require payment now or in the future ("Purchases"). Purchases are processed through a third-party payment processor; we do not store your full payment card details.
11.2 Pricing and Payment
Prices are displayed in the App before you complete a Purchase and are payable at the time of purchase unless otherwise stated. Prices may include or exclude tax as indicated at checkout.
11.3 Refunds and Cancellations
Except where required by applicable consumer law, Purchases are non-refundable. If you are a consumer, you may have a statutory right to cancel certain purchases within 14 days under the Consumer Contracts Regulations 2013; however, this right does not typically apply to bookings for services to be performed on a specific date, such as event tickets, once that date has passed or where you have expressly requested performance to begin before the cancellation period ends. Nothing in these Terms limits any other statutory right you have that cannot lawfully be excluded.
11.4 Event Changes and Organiser Responsibility
If an event is cancelled or materially changed by its Organiser, responsibility for any ticket refund lies with the Organiser, not the Company, in accordance with Section 9.
12. Photos, Uploaded Media, and Intellectual Property Complaints
12.1 Uploads and Reporting Infringement
You may only upload images or media that are lawful and appropriate, and that you own or have the right to use. Uploads must not contain nudity, hateful or violent imagery, or content involving minors, and must not infringe anyone else's rights. By uploading, you confirm your content complies with these Terms.
If you believe content on the Service infringes your intellectual property rights, notify us using our report form at winona.wine/contact with (a) identification of the work claimed to be infringed, (b) the location of the allegedly infringing material, and (c) your contact details. We will review and may remove or disable access to the material at our discretion.
12.2 Counter-Notice and Repeat Infringers
If your content is removed following an infringement notice and you believe this was done in error, you may submit a counter-notice using the same report form at winona.wine/contact, including your contact details, identification of the removed content, and a good-faith statement that the removal was mistaken. You will receive a confirmation with a reference number when your submission is received. We will consider counter-notices we receive and may reinstate content or refer the matter to the original complainant, at our discretion. We operate a repeat-infringer policy and will terminate the account of any user who is the subject of repeated, substantiated infringement notices.
13. Our Intellectual Property
Excluding User Content, all rights, title, and interest in and to the Service — including the Winona name, logo, software, source code, design, "look and feel," and all related intellectual property — are owned by the Company or its licensors. Nothing in these Terms transfers any such rights to you.
You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any part of it, or use our trademarks or branding without our prior written consent.
14. Account Deletion and Data Retention
When you delete your account:
- Your content is removed from public areas of the Service.
- Content previously reshared by other users may remain accessible to them.
- Backup copies of your data may be retained for a limited period for security, technical, and legal reasons. These backups are not accessible to other users or the public, and are not used for any other purpose.
15. Service Availability and Disclaimers
15.1 General
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. To that extent, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not warrant:
- Continuous, timely, secure, or error-free operation of the Service.
- The accuracy, reliability, or completeness of wine data, tasting information, or event listings, including where submitted by other users or organisers.
- That the Service will meet your requirements, or that defects will be corrected.
- Preservation of, or uninterrupted access to, your content.
Your use of the Service is entirely at your own risk. Nothing in this Section affects any statutory rights you have as a consumer that cannot lawfully be excluded or limited.
15.2 AI-Generated Information
Some features of the Service use automated technologies, including artificial intelligence, image recognition, and optical character recognition, to identify wines, extract label information, and assist with event content.
AI-generated information, including wine identifications, label data, and descriptions, may be incomplete, inaccurate, or outdated, and should not be treated as authoritative. You should always independently verify wine labels, ingredients, and allergen information before consuming any product, particularly if you have allergies, intolerances, or dietary restrictions.
We do not guarantee the accuracy, completeness, or suitability of AI-generated content.
15.3 Evolving Service
Winona is an evolving product. Features, including beta or early-access features, may be added, changed, limited, or withdrawn at any time, with or without notice, and may not always function as intended. Section 15.1 applies fully to any such features.
16. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your breach of these Terms; (d) your violation of any applicable law or third-party right; or (e) your conduct at, or in connection with, any event. If you are an Organiser, this indemnity extends to any claim arising from your event, including its licensing, safety, or legal compliance, and your handling of any data received under Section 10.3.
17. Limitation of Liability
To the maximum extent permitted by law:
- Our total aggregate liability to you arising out of or relating to the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (i) £100, or (ii) the total amount, if any, you paid us in the twelve (12) months preceding the event giving rise to the claim.
- We are not liable for loss of data, profits, revenue, goodwill, business interruption, or loss of business opportunities.
- We are not liable for indirect, consequential, special, exemplary, or punitive damages of any kind.
- We are not liable for the conduct of other users, event organisers, or any third party.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.
18. Termination
We may suspend or terminate your access to the Service at any time, with or without notice and without liability to you, if you breach these Terms or for any other reason at our sole discretion, as described in Section 7.
You may close your account at any time via your account settings. Termination does not affect rights or obligations that accrued before termination, and Sections 4.3, 10, 11, 12, 13, 16, 17, 21, and 22 survive termination.
19. Modifications to the Service and These Terms
We may update or modify the Service, these Terms, or related policies at any time, in our sole discretion. We will notify you of significant changes through the App or by email. Continued use of the Service after such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, your sole remedy is to stop using the Service and delete your account.
20. Dispute Resolution
Before initiating any formal proceedings, you agree to first contact us using our contact form at winona.wine/contact and attempt to resolve the dispute informally. We will attempt to do the same.
If a dispute cannot be resolved informally within 30 days, either party may pursue the matter through the courts as set out in Section 21. If you are a business user, we may instead elect to refer any dispute to binding arbitration in London under the rules of a recognised arbitral institution, with each party bearing its own costs.
21. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the laws of England and Wales.
If you are resident in the EU, you retain all rights available to you under applicable consumer and data protection law, including the GDPR, regardless of this governing law clause, and nothing here restricts your right to bring proceedings in your country of residence where mandatory consumer protection law entitles you to do so.
Subject to the foregoing, the courts of England and Wales have exclusive jurisdiction over any dispute arising from these Terms, and you submit to that jurisdiction.
22. General Provisions
22.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements or understandings, written or oral.
22.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
22.3 No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
22.4 Assignment
We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent.
22.5 Force Majeure
We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, internet or telecommunications failures, or acts of government.
22.6 Notices
We may provide notices to you via the App or to the email address associated with your account. Notices to us should be sent using our contact form at winona.wine/contact, or by post to the address in Section 23.
22.7 No Third-Party Beneficiaries
These Terms do not confer any rights or remedies on any person other than you and the Company, except as expressly stated, including as set out in Section 24 (Apple App Store Terms).
22.8 Export Control and Sanctions
You represent that you are not located in, or a resident or national of, any country subject to a UK, EU, or US trade embargo, and that you are not listed on any applicable government sanctions or restricted-party list. You agree not to use the Service in violation of any export control or sanctions law.
22.9 Electronic Communications
You consent to receive communications from us electronically, including by email or through notices posted in the App, and agree that such communications satisfy any legal requirement that they be in writing.
22.10 Language
These Terms are drafted in English. Any translation is provided for convenience only, and the English version prevails in the event of any conflict or inconsistency.
23. Contact Us
Questions about these Terms can be sent using our contact form at winona.wine/contact, or by post to DEVOPSLY LTD, 120a Camden Road, London, NW1 9EE, United Kingdom.
24. Apple App Store Terms
If you downloaded the App through Apple's App Store, you acknowledge that:
- These Terms are between you and DEVOPSLY LTD, not Apple.
- Apple has no obligation to provide maintenance or support for the App.
- Apple is not responsible for any claims relating to the App or its content.
- Apple and its subsidiaries are third-party beneficiaries of these Terms to the extent permitted by Apple's App Store requirements, and Apple has the right to enforce these Terms against you as a third-party beneficiary.