Terms of Service

TastingRoom.ai is an AI-powered customer engagement and recommendation platform for wineries and related merchants.

The Service may help wineries provide personalized product recommendations, collect customer feedback, create customer taste profiles, support re-engagement campaigns, and assist with reorder or cart-building experiences.

TastingRoom.ai is a technology provider. We do not sell alcohol directly to consumers, act as the merchant of record, or assume responsibility for a winery’s legal obligations relating to alcohol sales, shipping, taxes, age verification, licensing, product availability, fulfillment, or regulatory compliance.

All sales, checkout, payment processing, and fulfillment are handled by the winery through Commerce7 or other authorized commerce providers under the winery’s own terms and policies.

TastingRoom.ai may be installed, activated, configured, or accessed through a commerce platform such as Commerce7 or Shopify.

Your commerce-platform account, user permissions, platform access, and use of platform services are governed by your agreement with that platform.

You are responsible for maintaining the security of credentials and permissions used to access TastingRoom.ai and for activity carried out by authorized users acting through your account.

You must notify us promptly if you believe TastingRoom.ai has been accessed without authorization.

By installing or connecting TastingRoom.ai to Commerce7 or another supported system, you authorize TastingRoom.ai to access, process, and use information made available through that integration as reasonably necessary to provide the Service.

This may include:

• Product and inventory information
• Customer information
• Order and purchase history
• Customer preferences and taste profiles
• Customer feedback
• Conversation transcripts
• Engagement and interaction data
• Related activity necessary to provide the Service

Where the TastingRoom.ai concierge widget is installed on your website, information collected through the widget is processed by us on your behalf in connection with the Service.

You are responsible for ensuring that you have the rights, permissions, notices, and consents required to make this information available to TastingRoom.ai and to use the Service with your customers.

We will use identifiable customer information only as reasonably necessary to provide, operate, secure, support, and maintain the Service, subject to these Terms and our Privacy Policy.

TastingRoom.ai uses artificial intelligence to generate recommendations, responses, customer insights, and other content.

AI-generated content may occasionally be incomplete, inaccurate, inappropriate, or unsuitable for a particular customer. Similar or identical content may also be generated for different customers.

You are responsible for determining whether recommendations, responses, campaigns, offers, or other AI-generated content are suitable for your business and customers.

The Service is not intended to make decisions that produce legal, financial, employment, health, or similarly significant effects about individuals, and you agree not to use it for those purposes.

TastingRoom.ai does not guarantee that recommendations will increase sales, improve customer satisfaction, or be accurate for every customer.

You are responsible for your use of TastingRoom.ai and for ensuring that your customer-facing activities comply with applicable laws.

This includes responsibility for:

• Privacy and data protection requirements
• Anti-spam and electronic marketing requirements
• Consumer protection laws
• Alcohol marketing and advertising requirements
• Alcohol sales, licensing, shipping, and delivery requirements
• Taxes
• Age verification
• Product claims and descriptions
• Prices and promotions
• Inventory and product availability
• Customer communication preferences

You are responsible for obtaining any consent required for marketing, email, SMS, profiling, personalization, or other customer communications, including where required under Canada’s Anti-Spam Legislation (“CASL”) or equivalent laws in other jurisdictions.

You are responsible for honouring unsubscribe requests and customer communication preferences.

Where required by applicable law, commercial electronic messages sent using or through the Service must identify the appropriate sender and provide a functioning unsubscribe mechanism.

You agree not to remove, disable, circumvent, or improperly configure required unsubscribe functionality.

You are responsible for appropriate age screening on websites and properties you control and for ensuring that alcohol-related sales, fulfillment, delivery, and age verification are performed legally by you or your authorized providers.

You agree not to use TastingRoom.ai to:

• Violate applicable laws or regulations
• Send spam, unlawful marketing messages, or misleading communications
• Market alcohol to minors or individuals below the applicable legal drinking age
• Collect, upload, disclose, or process personal information without proper authority
• Upload malicious code or interfere with the security or operation of the Service
• Attempt to reverse engineer, copy, or misuse the Service except where expressly permitted by law
• Generate unlawful, deceptive, discriminatory, harmful, or abusive content
• Configure the Service, including through brand voice, knowledge, prompts, instructions, or customization settings, in an attempt to cause the AI concierge to operate outside its intended purpose or circumvent platform safeguards
• Misrepresent the source of communications or impersonate another person or organization
• Use the Service in a manner that harms TastingRoom.ai, a commerce platform, other customers, end users, or third-party providers

We may establish reasonable usage limits relating to message volume, AI usage, or other resources to protect the security, integrity, availability, and performance of the Service.

We may throttle, restrict, suspend, or terminate access where usage exceeds reasonable limits or creates security, operational, legal, or compliance risk.

Fees for TastingRoom.ai may be set out in a commerce-platform marketplace listing, subscription plan, order form, pricing page, or other written agreement.

Where you subscribe through a commerce platform’s marketplace, billing, payment collection, subscription administration, and related marketplace mechanics may be handled through that platform in accordance with the applicable arrangements.

Your use of a commerce platform and any amounts separately payable to it remain governed by your agreement with that platform.

Unless otherwise stated, TastingRoom.ai subscription fees are billed in advance and are non-refundable.

You are responsible for applicable taxes, including GST/HST where applicable.

We may change pricing or plan features on reasonable notice unless otherwise agreed in writing.

If amounts owing for the Service are overdue or payment authorization is withdrawn, access to TastingRoom.ai may be suspended or restricted.

We may offer free trials, promotional access, beta features, preview features, or early-access functionality.

Terms of a trial or promotional offer may vary depending on the applicable marketplace listing, plan, offer, or written agreement.

At the end of a trial, access may expire unless a paid subscription is activated.

Beta, preview, and early-access features may change, contain errors, or be discontinued at any time and are provided on an “as is” and “as available” basis.

TastingRoom.ai relies on or integrates with third-party services, including commerce platforms such as Commerce7 and Shopify, hosting providers, artificial intelligence infrastructure providers, analytics services, communication tools, and other technology providers.

Your use of commerce platforms and other third-party services is governed by the applicable third party’s own terms and policies.

Except to the extent caused by our own acts or omissions, TastingRoom.ai is not responsible for the availability, security, performance, pricing, functionality, or data handling practices of third-party services.

If a commerce platform or another third-party provider changes or discontinues an API, integration, feature, permission, service, or access right, some TastingRoom.ai functionality may change, become unavailable, or require modification.

TastingRoom.ai and its software, design, workflows, branding, prompts, instruction frameworks, dashboards, documentation, technology, and related intellectual property are owned by us or our licensors.

Subject to these Terms and your applicable subscription, we grant you a limited, non-exclusive, non-transferable right to use TastingRoom.ai for your internal business purposes and to make the customer-facing functionality available through websites or properties you own or control.

No ownership rights in TastingRoom.ai are transferred to you.

You retain ownership of your business data, customer data, product information, and other content you provide or make available to the Service.

You grant us the limited rights necessary to process that information to provide, operate, secure, maintain, and support the Service.

We may use aggregated or de-identified information that does not identify you or an individual to analyze trends, develop and improve features, create benchmarks, and improve the Service.

We do not use your business data or your customers’ personal information to train general-purpose AI models.

Our AI infrastructure providers process information under commercial arrangements designed to restrict use of that information for training their general-purpose models.

If you provide suggestions, ideas, comments, or feedback about TastingRoom.ai, you grant us the right to use that feedback without restriction or compensation.

Each party may receive confidential information from the other.

Confidential information includes non-public business, technical, customer, product, pricing, security, and operational information.

Each party agrees to use confidential information only for purposes related to the Service and to protect it using reasonable care.

Confidentiality obligations do not apply to information that:

• Is publicly available other than through a breach of confidentiality
• Was already lawfully known to the receiving party
• Is independently developed without use of the confidential information
• Is lawfully received from another source without a confidentiality obligation

Our Privacy Policy explains how we collect, use, disclose, process, and protect personal information in connection with TastingRoom.ai.

You remain responsible for your own privacy notices, consent practices, and privacy obligations relating to your customers.

Where TastingRoom.ai processes personal information on your behalf, we will:

• Process it only as reasonably necessary to provide, operate, secure, maintain, and support the Service and in accordance with these Terms, our Privacy Policy, and your configuration of the Service
• Ensure personnel authorized to access it are subject to appropriate confidentiality obligations
• Maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information
• Use subprocessors, including hosting and AI infrastructure providers, under contractual obligations appropriate to the information they process
• Maintain a current list of material subprocessors that is available on request
• Notify you without undue delay after becoming aware of a security incident affecting personal information processed on your behalf
• Provide reasonable information and assistance to support your applicable security-incident notification obligations
• Provide reasonable assistance with privacy requests from your customers relating to information we process on your behalf

Following termination or expiry of your subscription, we will make customer information processed on your behalf available for export on request for up to 30 days.

After that period, we may delete, return, or anonymize such personal information, except where limited retention is reasonably required for legal, security, fraud-prevention, backup, or other legitimate purposes.

If we enter into a separate data processing agreement with you, that agreement will govern over this Section to the extent of any conflict.

We aim to provide a reliable Service but do not guarantee uninterrupted, error-free, or continuous availability.

The Service may occasionally be unavailable because of maintenance, updates, internet or infrastructure failures, commerce-platform outages or changes, third-party provider outages, security issues, or other circumstances.

We may modify, suspend, or discontinue parts of the Service from time to time to improve functionality, address security concerns, comply with law, or respond to changes in commerce platforms or other third-party systems.

We will use reasonable efforts to provide notice before materially reducing the core functionality of a paid subscription where practical.

Support availability may depend on your plan.

Support may be provided through email, chat, documentation, Commerce7-related support channels, or other methods we make available.

Unless expressly agreed otherwise, TastingRoom.ai is not responsible for supporting a commerce platform itself, other third-party platforms, custom code, unsupported integrations, or systems outside TastingRoom.ai.

TastingRoom.ai is provided on an “as is” and “as available” basis.

To the fullest extent permitted by applicable law, we disclaim warranties, conditions, and representations, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and error-free operation.

We do not warrant that the Service will meet your business goals, generate revenue, increase conversion, improve customer satisfaction, or produce accurate recommendations in every case.

To the fullest extent permitted by applicable law, TastingRoom.ai and its owners, directors, officers, employees, contractors, affiliates, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or relating to the Service will not exceed the amounts paid by you for TastingRoom.ai during the three months immediately preceding the event giving rise to the claim.

These limitations do not apply to your payment obligations, your indemnification obligations under Section 18, or liability that cannot legally be excluded or limited.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of these limitations may not apply to you.

You agree to indemnify and hold harmless TastingRoom.ai and its owners, directors, officers, employees, contractors, affiliates, and suppliers from claims, losses, damages, liabilities, costs, and reasonable expenses arising out of or relating to:

• Your unlawful or unauthorized use of the Service
• Your customer communications, campaigns, offers, or sales
• Your products, product information, claims, prices, promotions, availability, fulfillment, shipping, or delivery
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Your failure to obtain required consents, permissions, or authorizations
• Data, content, instructions, or materials you provide to the Service
• Your alcohol sales, marketing, shipping, delivery, age-verification, licensing, or regulatory obligations

You may stop using TastingRoom.ai at any time.

Subscription cancellation and billing mechanics may be administered through your commerce platform where your subscription was obtained through its marketplace.

We may suspend or terminate access to TastingRoom.ai if you:

• Breach these Terms
• Fail to pay applicable fees
• Create a security or legal risk
• Misuse the Service
• Use the Service in a manner that may harm TastingRoom.ai, a commerce platform, another customer, an end user, or a third-party provider

Access may also end if the commerce-platform integration, authorization, app installation, or related platform access necessary to provide the Service is terminated or becomes unavailable.

For up to 30 days after termination or expiry, customer information processed on your behalf will be available for export on reasonable request.

After that period, we may delete, return, anonymize, or otherwise restrict access to account and customer information in accordance with Section 13 and our applicable data-retention practices.

Sections that by their nature should survive termination, including Sections 10, 11, 12, 13, 16, 17, 18, 20, and 22, will survive.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles, unless applicable law requires otherwise.

Any dispute relating specifically to TastingRoom.ai or these Terms will be resolved in the courts located in Ontario, Canada, unless the parties agree otherwise in writing or applicable law requires another venue.

Disputes relating to a commerce platform itself remain governed by the applicable agreement between you and that platform.

We may update these Terms from time to time.

If we make a material change, we may provide notice through TastingRoom.ai, your commerce platform, email, our website, or another reasonable method.

Updated Terms become effective on the date stated in the updated version.

Your continued use of TastingRoom.ai after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

These Terms, together with our Privacy Policy and any separate written agreement between you and us relating specifically to TastingRoom.ai, form the agreement between you and us regarding the Service.

Your agreement with your commerce platform is separate and continues to govern your relationship with that platform.

If a separate order form or data processing agreement between you and TastingRoom.ai conflicts with these Terms, the separate agreement will govern for the subject matter it addresses.

You may not assign these Terms without our consent, except to a successor in connection with a merger, reorganization, or sale of substantially all of your business or assets, with notice to us.

We may assign these Terms in connection with a merger, acquisition, financing, corporate reorganization, or sale of assets.

Neither party is liable for delays or failures caused by events beyond its reasonable control, provided reasonable efforts are made to mitigate the effects where practical.

If any provision of these Terms is found unenforceable, it will be modified or limited to the minimum extent necessary, and the remaining provisions will remain in effect.

Failure to enforce any provision is not a waiver of that provision.

Questions regarding these Terms may be directed to: