Terms and Conditions for Sommigo.ai

Definitions

Throughout this Agreement, the following terms shall have the meanings defined below:

• “Agreement” refers to these Terms and Conditions.
• “Service” refers to the Sommigo.ai platform and all related services provided by Pair It!.
• “Pair It!”, “we,” “us,” or “our” refers to Pair It! LLC, the company operating Sommigo.ai.
• “Client,” “you,” or “Restaurant” refers to the business entity or individual subscribing to and using our services.
• “First Adopter” refers to clients who subscribe to Sommigo.ai before December 31, 2025, entitling them to special pricing terms as detailed in Section 2.
• “POS” refers to Point-of-Sale systems used by restaurants.
• “User Content” refers to any data, information, or materials provided by you through the Service.

By subscribing to or using our services, you agree to the terms outlined in this Agreement.

1. Scope of Services

Sommigo.ai is a wine pairing and sales intelligence platform designed for restaurants. Under this Agreement, the Client is entitled to the following services:

• Wine Pairing Generation: Unlimited custom pairing suggestions for food items, including system-generated descriptions for guest-facing use.
• Sales Data Analysis and Reporting: Monthly analysis of wine performance, trends, and opportunities using POS-derived sales data.
• Design Services: Creation and customization of guest-facing materials including menus, wine lists, table tents, pairing guides, or promotional collateral upon request.
• Technical Support: Access to our support team during business hours as detailed in our Service Level Agreement.

Note: While Pair It! may offer additional services such as staff training and wine list consulting, those are outside the scope of this Agreement and may be contracted separately.

2. Subscription, Payment & First Adopter Pricing

• The Service is offered at a rate of $99 per location, per month.
• As a First Adopter (clients who subscribe before December 31, 2025), this rate will be honored indefinitely so long as your subscription remains active and uninterrupted.
• Payment is collected via automatic monthly billing using the payment method you provide at signup. We use Stripe as our payment processor, and your payment information is subject to Stripe’s privacy policy and terms of service.
• Billing begins on the subscription start date and recurs monthly on that same calendar day.
• Full access to the Services listed in Section 1 is included during your active subscription period.
• We do not offer refunds for partial months of service. If you cancel your subscription, you will continue to have access until the end of your current billing period.

3. Cancellation Policy

• Clients must provide written notice of cancellation at least one full billing cycle (30 days) in advance.
• Cancellation will take effect at the end of the following billing period after notice is received.
• No refunds are issued for unused days within a billing cycle.
• To cancel your subscription, please email support@sommigo.ai with the subject line “Subscription Cancellation” and include your account information.

4. POS System Integration

• Sommigo.ai functions through a one-way data feed from your Point-of-Sale (POS) system (e.g., Toast, Clover).
• Pair It! only reads data from your POS and does not modify, transmit to, or interfere with the POS system in any way.
• You are responsible for providing and maintaining active POS access credentials.
• We are not responsible for any issues arising from POS system failures, outages, or changes made by your POS provider.

5. Data Privacy and Security

• Your data remains your property. We use it only for generating pairings and reports within the scope of this Agreement.
• Data is never sold or shared with third parties except as necessary to provide the Service or as required by law.
• We employ industry-standard security measures to ensure the confidentiality, security, and integrity of all data we access, including:
  • Encryption of data in transit and at rest
  • Secure, access-controlled data storage
  • Regular security audits and vulnerability testing
  • Employee access controls and training
• Access is limited to essential personnel within Pair It! for the purposes of service fulfillment.
• In the event of a data breach that affects your information, we will notify you within 72 hours of discovery.
• For more detailed information about our data practices, please refer to our Privacy Policy.

6. Use of Content and Intellectual Property

• All written copy, design assets, reports, templates, and other materials created by Sommigo.ai remain the intellectual property of Pair It! LLC.
• While subscribed, you receive a non-exclusive, non-transferable license to use these materials for your restaurant’s operations.
• You retain ownership of any pre-existing materials or data you provide to us.
• Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without any obligation to compensate you.
• Upon cancellation or termination of the subscription, this license ends unless otherwise agreed in writing.

7. Acceptable Use Policy

You agree not to:

• Share your account or materials with unauthorized users
• Attempt to reverse engineer, clone, or commercially exploit the platform
• Misuse system-generated materials for consulting or third-party use
• Interfere with the platform’s operations or access services outside the intended scope
• Use the Service for any illegal purpose or to violate the rights of others
• Upload or transmit any malicious code or attempt to breach our security measures
• Exceed reasonable usage limits that could impair the experience of other users

Violations may result in immediate suspension or termination without refund.

8. Age Restrictions

• The Service is intended for use by individuals who are at least 18 years of age.
• If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to this Agreement.

9. Pairing Recommendation Disclaimer

• Sommigo.ai offers pairing suggestions based on culinary best practices and sommelier expertise.
• However, food and wine preferences are subjective, and Pair It! makes no guarantees regarding the commercial outcomes of pairings or recommendations.
• Final decisions on what to present to guests remain solely at the discretion of the restaurant.

10. Limitation of Liability

• The Services are provided “as is” and “as available” without any express or implied warranties.
• To the maximum extent permitted by law, Pair It! disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Pair It! will not be liable for any indirect, incidental, or consequential damages, including (but not limited to) lost profits, data loss, or reputational harm.
• Our total liability for any claims under this Agreement shall not exceed the amount paid by you to us during the twelve (12) months preceding the claim.
• You agree to indemnify and hold harmless Pair It! from claims arising from misuse of the Service or violation of this Agreement.

11. Force Majeure

Pair It! is not liable for service interruptions or failure to perform due to causes beyond our reasonable control, including natural disasters, cyberattacks, power or internet outages, labor strikes, legal restrictions, or pandemics.

12. Modifications to the Agreement

• We reserve the right to modify the Service or these Terms with 30 days’ notice.
• Notice will be provided via email to your registered email address and/or through a notification within the Service.
• Continued use of the Service after changes take effect constitutes acceptance of the revised terms.
• If you do not agree to the modified terms, you may cancel your subscription according to the cancellation policy in Section 3.

13. Termination

• Pair It! may suspend or terminate your subscription for violations of this Agreement or failure to pay.
• Upon termination, access to the Service and licensed materials will cease.
• Sections regarding intellectual property, limitation of liability, indemnification, and dispute resolution shall survive termination.

14. Dispute Resolution

• Both parties agree to first attempt good-faith negotiation for any disputes.
• If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in the State of California.
• Each party will bear its own legal costs unless otherwise awarded by the arbitrator.
• You agree to waive any right to participate in a class action lawsuit against us.

15. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

16. Export Controls

• You agree to comply with all applicable export control laws and regulations in your use of the Service.
• You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a “terrorist supporting” country.

17. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

18. Entire Agreement

This Agreement, together with our Privacy Policy and Service Level Agreement, constitutes the entire agreement between you and Pair It! regarding the Service and supersedes all prior agreements and understandings.