1. BASIC PROVISIONS
1.1. These Terms govern the rights and obligations of the user (the “User”) while using the Winebestime mobile and desktop application (the “Application”) of CASSIOPEA EUROPE, s.r.o., with its registered office at Revoluční 1082/8, Nové Město, 110 00 Praha 1, ID No. 261 39 260, registered in the Commercial Register kept by the Municipal Court in Prague, File C 220951 (the “Provider”; the User and the Provider jointly as the “Parties” or individually the “Party”).
1.2. These Terms are available to the User in the written form within the Application and on the Provider's website at www.winebestime.com.

2. PURPOSE OF THE APPLICATION
2.1. The Application is primarily intended to provide the User with services related to information about a tasting phase in which the wine selected by the User is (the “Tasting Phase”) and, thus, to enhance the User’s experience of tasting and enjoying wine. The Application is therefore only a supplementary tool.
2.2. The purpose of the Application is to provide the User with:
a) a tool for obtaining information about the wine Tasting Phase; and
b) the possibility to use other features of the Application as specified in Article 7.1 hereof
(the “Services”)
2.3. The purpose of the Application is not, in particular:
a) a wine purchasing tool.

3. BASIC PROVISIONS AND USER REGISTRATION
3.1. Any natural person become a User if it has (i) reached the age of eighteen (18) years and acquired full legal capacity or documented the consent of their legal representative; (ii) used the Application either with or without Registration, as defined in Article 3.3 hereof.
3.2. The Services in its full extent is only provided upon completion of the Registration and meeting the conditions pursuant to Article 5 hereof (the “Paid Services”); otherwise, the User will not be allowed to use the full range of the provided Services.
3.3. The User’s registration to the Application is carried out as follows:
a) the User applies for registration exclusively through the web page www.app.winebestime.com;
b) the User provides their login details to the Application, including their e-mail address, name/nickname, country of the User’s residency, phone number; and
c) registration is completed by the User's confirmation of the Terms as part of the first login to the Application;
the User is not required to provide their payment information during the registration process into the Application, which is without prejudice to Article 5 hereof
(the “Registration”).
3.4. The User is obliged to provide the Provider with all the data requested by the Provider and further undertakes to ensure that these data, as well as any other information provided to the Provider, are complete, accurate, true and up-to-date. In the event of any future changes to the data provided, the User is obliged to inform the Provider immediately.
3.5. Without the Registration, the User is granted with an access to only a limited extent of the Services, i.e. exclusively to search for the Tasting Phase information in a limited scale, which is free of charge (the “Free Services”).
3.6. The Provider offers the Services to the User through the Application. The price displayed within the Services offer is not legally binding and may change until the Services are accepted pursuant to Article 5.3 hereof (the “Price”).
3.7. By using either the Free Services or the Paid Services, the User enters into a contractual relationship between the User and the Provider in accordance with these Terms.
3.8. The Provider provides the Application to the User for use in the state it is in on the date of its installation. The Provider is entitled to change and modify the functions, settings, user environment and any other parameters of the Application at any time without prior notice to the User, which the User expressly agrees to.

4. USER ACCOUNT
4.1. The User can access the Paid Services by logging into the user account within the Application (the “User Account”). Each User Account may only be used by one User; this does not limit the access of the User's legal representative to the User Account.
4.2. The security of the User Account is ensured, among other things, through unique access data (login and password). The use of unique access data is the full responsibility of the User or their legal representative. The User, or their legal representative, shall keep their login details secret and secure and take appropriate steps to maintain the security and confidentiality of the login details (in particular, not using easily guessable login details and making regular changes to the login details). In particular, the User, or their legal representative, undertakes not to disclose the User's access data to any third party or to allow a third party to obtain them. In the event of disclosure, theft or misuse of the login data, the User or their legal representative is responsible for informing the Provider immediately by support@winebestime.com.

5. ORDER AND PAYMENT
5.1. To order the Paid Services, the User is obliged to have the User Account. Upon completion of the specification, the final Price for the specified Paid Services will be displayed to the User. Subsequently, the User confirms the Order via the “Subscriptions” button and “Go Premium” button or another button or link with a similar meaning (if the Application is edited in the future), thereby sending the Order to the Provider.
5.2. By confirming the Order, the User orders the specified Services from the Provider in a binding and irrevocable manner and expresses their consent to the payment of the stated Price of the Services, which is indicated in relation to the selected parameters.
5.3. Upon acceptance of the Order by the Provider, the User is obliged to pay the Price of the ordered Services in full, which may be done by online payment with card. The Provider reserves the right to change the payment method if necessary. Proper and timely payment of the Price in full is a condition precedent to the provision of the ordered Paid Service by the Provider.
5.4. While using the payment gateway the User acknowledges they are subject to the terms and conditions of such third party service.

6. EXPIRY OF THE SUBSCRIPTION TERM
6.1. If the User ordered the Paid Services the Provider is obliged to remind the User at least ten (10) days prior to the expiration of the Subscription Term. The Subscription Term do not renew automatically.
6.2. In case of the Subscription Term expires the User loses their access to the Premium version and the information there imbedded.
6.3. The Provider is entitled to delete the relevant User Premium Account, and all information therein, in case the User do not order the relevant Paid Services within one (1) year. The Provider is obliged to inform the User of deleting the User Premium Account at least fourteen (14) days prior to its deletion.

7. USE OF THE APPLICATION AND ITS FUNCTIONS
7.1. Use of the Application is only possible in on-line mode (the Application cannot be used in the so-called off-line mode, i.e. without connecting the terminal device to the Internet) and if the appropriate permissions are granted to the Application within the operating system of the terminal device. In particular, the user is obliged to:
a) ensure that the terminal device has access to the Internet, either through a connection to a mobile network (while allowing data transmission) or a connection to a wireless network allowing data transmission;
b) grant the Application appropriate permissions within the operating system of the terminal device (in particular to allow the Application to access notifications); and
c) follow any other instructions given in connection with the downloading, installation and/or use of the Application.
7.2. The Application enables the User in particular to:
a) searching for the Drinkability Phase information;
b) choosing the User’s wine preferences;
c) enter a list of the User’s wines (the “Collection”) irrespective of the User’s ownership and exporting these data in Excel form;
d) remind the User in case any of the wines in the Collection reaches the asking Drinkability Phase; and
e) recommend the method of preparation of the wine before consumption.

8. APPLICATION AVAILABILITY
8.1. The Provider is obliged to take all steps within its technical capabilities to ensure the functionality and availability of the Application. However, the Provider is not responsible for the availability of the Application.
8.2. If the User discovers any problem related to the Application or its availability, the User is obliged to notify the Provider without undue delay in an appropriate manner.

9. REMEDIES FOR LACK OF CONFORMITY
9.1. In the event of a lack of conformity of the Application, the User is entitled to have the Application brought into conformity, e.g. by an update. If (i) the Provider refuses or fails to achieve conformity within a reasonable period of time and without significant inconvenience for the User, or (ii) where the lack of conformity is of such serious nature that it is unreasonable for the User to apply for rectification first, the User may terminate the contractual relationship. If the User is a consumer, this Article 9.1 shall not affect the statutory warranty rights and the User shall be entitled to undiminished statutory warranty rights.
9.2. To assert the rights pursuant to this Article 9, the User can contact the Provider. The relevant contact is support@winebestime.com.

10. RESTRICTION OR INTERRUPTION OF ACCESS, MAINTENANCE AND MODIFICATION OF THE APPLICATION
10.1. The Provider has the right to restrict or interrupt the User's access to the Application in the event of, even if suspected, violation of the Terms, legal regulations or if it is necessary to implement measures or decisions issued by public authorities, and always only for the time strictly necessary.
10.2. The Provider reserves the right to discontinue providing the Application or support at any time.
10.3. The Provider is entitled to interrupt or limit the provision of all or some of the Services and functions of the Application at any time in order to carry out maintenance, repairs or modifications (including enhancements, debugging, upgrades) of the Application. As a result, the Application may not be available at all times. The functionality of the Application may be subject to change as part of maintenance, repairs and/or modifications.
10.4. The Provider may provide the User, at no additional cost, with updates of the Application which contain:
a) Enhancements. The evolution of internet-based Services occasionally requires further development and their adaptation to new technical possibilities or changes in User behaviour and demands or possibilities of the technical development of the environment/infrastructure. To the extent this does not adversely affect the subjective or objective conformity requirements of the Application or User’s access or use of the Application (i.e. which are no debugging or modifications as specified below in this Article 10.3), the Provider may provide the User with updates, new software versions and releases that include technical adaptations or additional services, functions, links, integrate additional (module) services or redesign and recompile Services, as well as change the name and appearance of the Application. The Provider is not obliged to supply the enhancements.
b) Debugging. The Provider will provide the User with updates, including security updates that contain debugging which keep the Application in conformity with the subjective or objective requirements including legal, regulatory and judicial requirements for the period of time during which the Application functions are to be supplied to the User under these Terms. This Article does by no means limit the User’s statutory warranty rights.
c) Modifications. The Provider may provide the User with updates that contain modifications to the Application beyond what is necessary to maintain conformity of the Application. This applies particularly to any (partial) discontinuation of the Application. The Provider may make any modifications if and to the extent that (a) functions of the Application or parts thereof are no longer used to an extent that justifies their maintenance and continued operation, (b) (new or amended) legal, regulatory or judicial requirements would require adjustments of the Application which would be economically unreasonable to the Provider, (c) changes in the technical conditions of the Application’s environment or infrastructure that are beyond the Provider’s control and that complicate maintenance and continued operations of the Application to an extent which would be economically unreasonable to the Provider. The Provider shall inform the User of all modifications. If the modification negatively impacts the User’s access to or use of the Application, and the impact is not only minor, the following applies to such information: the Provider shall inform the User via email at least four (4) weeks in advance of the features and time of the modification and bring to the User’s attention if it is possible for the User to maintain without additional cost the Application without the modification or if the User has the right to terminate the contract.

11. LIABILITY OF THE PROVIDER
11.1. When the User uses the Application, the Provider is not responsible for services provided by third parties, such as the quality of the Internet connection, the quality of telecommunications services provided by the relevant operator, the amount of fees, etc.
11.2. The Provider shall not be liable for disabling or limiting the use of the Application as a result of its inaccessibility caused by malfunctions in the operation of the data transmission network, as well as other circumstances of a technical nature that the Provider is unable to influence or whose solution requires the cooperation of third parties.
11.3. The Provider is not responsible for unauthorized use of the Application (or the User Account). The Provider shall be liable for any unauthorized interference of third parties, as a result of which such persons gain unauthorized access, in particular to the User Accounts, to the personal data of Users or to the relevant database of the Users or to other data, and use, exploit, misuse or disclose such data to third parties only if the Provider has breached any of its obligations under these Terms, however, such liability shall be limited to direct damage of the User, but it shall not include loss of profit. Otherwise, the Provider shall not be liable and shall not be obliged to compensate for damages; however, this is without prejudice to any local law on prohibiting the exclusion or limitation of the Provider's liability for damages.
11.4. The Provider shall not be liable for any loss, damage or misuse of the content entered into the Application by the User, for any reason whatsoever (in particular due to force majeure, third party action, data transmission or connectivity failure).
11.5. The User shall be solely responsible for any consequences arising, directly or indirectly, in particular as a result of health risks of drinking.

12. USER OBLIGATIONS AND ACKOWLEDGEMENT
12.1. The User shall use the Application only in accordance with these Terms.
12.2. The User acknowledges that the Application is for educational purposes only and the Provider have taken every care to ensure that the information within is accurate and in line the available data. The Drinkability Phase information are compiled from statistic data obtained by the Provider; however, the actual taste of the tasted wine may be affected by a number of other variables, in particular preferences of the User, method of storing the wine etc. The information contained in the Application is of a statistical nature only and is always subject to User’s subjective perception and objective methods of handling a particular wine.

13. LICENCES
13.1. The User hereby acknowledges the Application is both a work of authorship and a database within the meaning of the relevant local law. The Provider exercises all property rights relating to the Application and its content or is otherwise entitled to use it.
13.2. The Provider grants the User a license to the Application and related databases that will be used by the User in the context of the use of the Application (the “Licence”). The License is granted as free of charge, non-exclusive, limited in time for the duration of the contractual relationship under these Terms and limited in location to the territory of the EU and Great Britain. The Licence is granted to use the Application and the databases in the manner and for the purpose set out in these Terms and the purpose and intended use of the Application and the User agrees to comply with it.
13.3. The User agrees not to circumvent or violate any technological security measures in the Application or to disassemble, decompile or reverse engineer the Application as a computer program. The User agrees not to use the Application in any unauthorized manner. Any interference with the technical or factual content of the Application is prohibited.
13.4. The content of the Application may not be stored, modified, distributed, or other property rights may not be exercised unless the Provider has given prior written consent to such action.

14. DATA PROTECTION
The processing of the User's personal data is governed by the Privacy Policy, which is an integral part of these Terms and to which the User agrees by installing the Application.

15. TERM AND TERMINATION
15.1. The contractual relationship under these Terms is concluded for an indefinite period of time.
15.2. The Provider is entitled to terminate the contractual relationship under these Terms with immediate effect upon delivery of the notice to the User, without any prior notice or warning, in particular if:
a) the Registration was requested by a person who did not meet the required conditions;
b) the User has provided incorrect, false or misleading information when registering; or
c) the User has breached any obligation set out in these Terms or any other obligation set out in generally binding legislation;
d) the Application is cancelled without compensation or its operation is substantially restricted; and
e) the Provider loses its authority to operate the Application or the exercise of such authority is suspended.
15.3. The User is entitled to terminate the contractual relationship under these Terms with immediate effect.
15.4. In the event of termination of contractual relationship under these Terms, the Provider deletes all the User’s content in the Application after one year of termination.
15.5. Termination of the contractual relationship under these Terms is without prejudice to the Provider’s right to receive the Price from the User for the entire Subscription Term.

16. CONSUMERS PROVISIONS
16.1. Consumer pre-contractual information is as follows:
a) the identity of the Provider is set out in the header of these Terms;
b) the Provider allows the User to use the Services of the Application both, free of charge or for a Price as specified above;
c) the Provider shall handle complaints and claims of the Users via the electronic address support@winebestime.com. The Provider shall send information on the handling User's complaint to the User's electronic address. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within thirty (30) days from the date of the complaint, unless the User and the Provider agree on a longer period of time;
d) the duration of the contractual relationship and the conditions for termination are set out in Article 13 hereof;
e) details of the functionality of the digital content are set out in Articles 3 and 7 hereof.
16.2. Information on a contract concluded by means of distance communication is as follows:
a) the cost of means of remote communication is charged at the local rate by the operators with which the User has an Internet connection contract;
b) the contractual relationship is concluded for an indefinite period of time with the possibility of termination with immediate effect under the conditions set out in Article 13 hereof;
c) Provider shall not charge any additional taxes, fees or costs for use of the Application, but such taxes, fees and costs may be charged by third parties as set out in these Terms;
d) The User shall not bear any additional costs towards the Provider in connection with the aforementioned termination of the contractual relationship;
e) The User, pursuant to Act No. 634/1992 Coll., on Consumer Protection, as amended, has the right to an out-of-court settlement of a consumer dispute arising from a contractual relationship under these Terms. The entity authorized to settle the dispute out of court is a local trade inspection authority. Further information is available on its website. Out-of-court resolution of a consumer dispute is initiated exclusively at the User's request, and only if the dispute could not be resolved directly with the Provider. The motion may be filed within one (1) year from the date on which the User first exercised their right, which is the subject of the dispute, with the Provider. The User has the right to initiate an out-of-court dispute resolution online also through the ODR platform available on the website https://ec.europa.eu/consumers/odr. The procedure of out-of-court dispute resolution is not mediation or arbitration and its use does not affect the right of the parties to take their claim to the local trade inspection authority or to court. During the duration of the out-of-court dispute settlement negotiations, the limitation and prescription periods under the applicable local laws shall not run or begin to run unless one of the Parties to the dispute expressly refuses to continue the negotiations. The local European Consumer Centre is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
16.3. Information on a contractual relationship concluded by electronic means is as follows:
a) the contractual relationship between the User and the Provider is formed by these Terms accepted by the User. Records regarding the Registration and conclusion of the contractual relationship shall be stored electronically by the Provider and the User shall not have access to such records;
b) the contractual relationship is entered into in accordance with the procedure described in Article 3 hereof; and
c) the Provider is not bound by any codes of conduct, whether voluntary or binding.
16.4. The User expressly agrees to being provided with access to the Application before the expiry of the statutory period of fourteen (14) days for withdrawal. The User may withdraw from the contractual relationship with the Provider at any time by uninstalling the Application.
16.5. The User hereby expressly confirms that they have familiarized themself with all the information provided in this Article 14 before entering into the contractual relationship.

17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1. The contractual relationship established between the Provider and the User is governed by the law of the Czech Republic, if the User does not use the Application as a consumer. In case of mutual conflict, the Terms shall prevail over the dispositive provisions of the law of the Czech Republic, in particular Law No. 89/2012 Coll., the Civil Code, as amended.
17.2. The Parties undertake to resolve any disputes that may arise between them in connection with the performance or interpretation of the contractual relationship by negotiation and mutual agreement. If the Parties are unable to resolve the dispute in question by mutual agreement, such dispute shall be submitted by either Party to a competent court. The Parties hereby agree on the local jurisdiction of the Provider’s general court.
17.3. If the User uses the Application as a consumer, the Provider shall be entitled to take legal action against the User only at the court of jurisdiction at the User’s domicile or place of ordinary residence. The User shall be entitled to take legal action against the Provider before the court of the Provider’s place of registered office in the Czech Republic, and before any other court having jurisdiction for this case under the applicable law.
17.4. The law of the Czech Republic shall apply exclusively to all disputes arising from or in connection with the contractual relationship according hereto; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If the User is a consumer, mandatory consumer protection provisions under the law of the country in which the consumer have their residence or domicile shall remain unaffected by the above provisions of this Article 16.3.

18. FINAL PROVISIONS
18.1. The ineffectiveness or invalidity of any provision of these Terms shall not render them ineffective or invalid as a whole. The Provider undertakes to replace such provision with a valid provision that comes as close as possible to such provision in terms of substantive content and economic result.
18.2. The Provider reserves the right to inform the User about news, downtime of the Application or updates to the Terms via the Application or the e-mail.
18.3. The Provider is entitled to unilaterally change these Terms to a reasonable extent. The Provider is obliged to inform the User of such change in an appropriate manner, i.e. in particular through the Application or by e-mail, in which a link to the current version of the Terms will be provided. The reasonable scope within which the Provider is entitled to propose a change to the Terms means, in particular, the manner of use of the Application, the conditions of operation of the Application, the manner and extent of use of the Application, etc. The User shall be entitled to reject such change within fourteen (14) days of receipt of the proposed changes to the Terms. In the event that the User does not agree with the wording of the updated Terms, the User shall not use the Application. If the proposal to change the Terms is not rejected, the change to the Terms becomes binding to the User.
18.4. These Terms shall be effective as of 15.5.2023.