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Terms of Service

Effective date: June 30, 2026

These Terms of Service ("Terms") govern your access to and use of the WhiskeyRichard mobile application and related services (collectively, the "App"), operated by Buccallo LLC, doing business as Whiskey Richard ("Whiskey Richard," "we," "our," or "us"). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. Age Requirement (21+)

The App relates to alcoholic beverages and is intended only for individuals who are at least 21 years of age. By using the App you represent and warrant that you are 21 or older. The App enforces an age gate at sign-up. We reserve the right to suspend or terminate any account we reasonably believe belongs to a person under 21.

2. Your Account

You may create an account using an email address and password, or by signing in with Google or Apple. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Acceptable Use

You agree not to:

  • Use the App for any unlawful purpose or in violation of these Terms;
  • Upload content that is illegal, infringing, defamatory, or that you do not have the right to share;
  • Attempt to access another user's account or any non-public area of our systems;
  • Reverse engineer, scrape, overload, or interfere with the App or its infrastructure;
  • Misuse the in-app AI assistant to generate unlawful, harmful, or abusive content.

4. User Content

The App lets you record a personal whiskey collection, wishlists, tasting notes, and photos of bottles you upload. You retain ownership of the content you create. You grant us a limited license to host, store, process, and display that content solely to operate and improve the App for you. You are responsible for the content you submit and represent that you have the rights to it.

We may, at our sole discretion and without prior notice, review, refuse, remove, or disable access to any User Content at any time, for any reason or no reason. We have no obligation to monitor, screen, or store User Content, and we are not responsible for any User Content you or other users submit.

5. AI

The App uses AI across many of its features, including the in-app AI assistant and image-based bottle scanning and identification. Inputs you provide to AI features — including the messages you send to the assistant and the pictures or images you submit (for example, photos submitted for bottle scanning or identification) — may be processed by third-party AI and image-processing providers to generate responses or results. AI-generated content may be inaccurate or incomplete and is provided for informational and entertainment purposes only. It is not professional, medical, or legal advice. Do not rely on it as a substitute for independent judgment.

Health and safety disclaimer. Because the App relates to alcoholic beverages, you must understand the following. AI features may produce information that is inaccurate, incomplete, or out of date. Nothing in the App — including any AI output — is medical, health, or safety advice. We are not liable for any health consequences, accidents, injuries, illness, or other harm resulting from your reliance on AI outputs, including, by way of example and without limitation, any recommendation or statement about consumption amounts, serving sizes, ABV or proof calculations, or drink mixing. You are solely responsible for drinking responsibly and for complying with all applicable laws. You must not rely on the App to determine safe consumption levels, your level of intoxication, or whether it is safe for you to drive or operate machinery.

6. Subscriptions and Purchases

The App may offer paid subscription tiers. Purchases and subscriptions are processed through the Apple App Store or Google Play in-app purchase systems (and our subscription-management provider). Billing, renewal, and cancellation are governed by the terms of the applicable app store. Subscriptions renew automatically unless cancelled through your app store account settings before the renewal date. Except where required by law or the applicable app store's policies, fees are non-refundable.

7. Responsible Enjoyment

The App is a catalog and collection tool for whiskey enthusiasts. It does not sell alcohol. Nothing in the App should be read as encouragement to consume alcohol irresponsibly. Please drink responsibly and in accordance with applicable law.

8. Intellectual Property

The App, including its design, text, graphics, and software (excluding your User Content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.

9. Copyright Complaints (DMCA)

We respect the intellectual property rights of others and will respond to valid notices of alleged copyright infringement. If you believe that content in the App infringes your copyright, you may send a written notice to our designated agent at legal@whiskeyrichard.app. To be valid, your notice must include:

  • Identification of the copyrighted work you claim has been infringed;
  • Identification of the material you claim is infringing, with enough detail to locate it in the App;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf;
  • Your physical or electronic signature.

We may remove or disable access to material that is the subject of a valid notice, and we may terminate the accounts of users who are repeat infringers.

10. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the App. Sections that by their nature should survive termination (such as ownership, disclaimers, and limitations of liability) will survive.

11. Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising out of or related to your use of the App. Our total liability for any claim relating to the App will not exceed the greater of the amount you paid us in the twelve months before the claim or USD $50.

13. Indemnification

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the App; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

14. Dispute Resolution; Binding Arbitration; Class Waiver

Please read this section carefully — it affects your legal rights. Except for the matters described below, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding arbitration on an individual basis, and not in court. The arbitration will be conducted by a neutral arbitrator and governed by the rules of an established arbitration provider. Judgment on the award may be entered in any court of competent jurisdiction.

This arbitration agreement does not apply to: (a) claims that qualify for and are brought in small-claims court; and (b) claims for injunctive or other equitable relief to protect intellectual property rights, which either party may bring in court.

Class-action and class-arbitration waiver. You and we agree that any dispute may be brought only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

Jury-trial waiver. To the extent any dispute proceeds in court rather than arbitration, you and we each waive any right to a jury trial.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@whiskeyrichard.app within 30 days of first accepting these Terms. If you opt out, the class-action waiver and arbitration provisions will not apply to you, but the rest of these Terms will remain in effect.

Governing law. These Terms and any dispute between you and us are governed by the laws of the State of Minnesota, United States, without regard to its conflict-of-laws rules.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date above and, where appropriate, provide notice within the App. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms.

16. Contact

Questions about these Terms? Contact us at legal@whiskeyrichard.app.