Terms and Conditions

HiddenWines is an offering by Winfora AG in Switzerland (hereinafter «Winfora»). These Terms and Conditions govern the rights and obligations of Winfora and the users of HiddenWines (hereinafter collectively the «Users»).

Additional terms and other legal provisions may apply to individual or supplementary offerings from Winfora. Information about data protection can be found in Winfora's Privacy Policy.

By using HiddenWines, Users consent to these terms and conditions.

HiddenWines for Wine Search

Winfora assists Users in finding selected wines available in certain restaurants through HiddenWines. HiddenWines enables refined searches based on the criteria available at the time.

Winfora offers HiddenWines as a smartphone app. Winfora independently determines which operating systems and smartphones are supported. Winfora may offer HiddenWines in other formats, such as a website.

Winfora may offer HiddenWines with the assistance of third parties, particularly through app stores operated by Google and other app store providers. Winfora is entitled to have individual or all rights and obligations under these Terms and Conditions exercised by third parties or transferred to third parties.

Use of HiddenWines

Winfora may offer features of HiddenWines either free of charge or for a fee. Winfora may stipulate that HiddenWines can exclusively be used for a fee. Winfora will inform Users in an appropriate manner about the available offerings, especially directly in the app.

Users must subscribe to paid features, particularly directly in the app. A paid subscription can be canceled at any time before the end of its term. All paid features remain available until the end of the respective term. A paid subscription that is not canceled will automatically renew for an additional term unless otherwise offered or agreed.

Winfora may allow Users to try paid features with a free subscription for a limited time. Users who do not cancel a free subscription before the end of the limited trial period will automatically acquire a paid subscription.

Users are prohibited from misusing or sharing subscription tokens or other unique identifiers associated with their use of HiddenWines. Users must use HiddenWines exclusively in accordance with its intended purpose and within a reasonable scope («Fair Use»). Fair Use does not include, in particular, any abusive or excessive use of HiddenWines that impairs or may impair Winfora's infrastructure or the use of HiddenWines by other Users. Fair Use does also not include, in particular, decompiling or editing HiddenWines unless permitted by applicable copyright law («reverse engineering»). Fair Use does further not include, in particular, using agents, bots, crawlers, software, and automated systems for data extraction («scraping») and any other use of HiddenWines.

Winfora reserves the right to exclude Users from using HiddenWines for a limited or unlimited period or to restrict the use of HiddenWines, particularly for violating these Terms and Conditions including its Fair Use provisions. Winfora may for example permanently ban or temporarily suspend violating Users, terminate paid subscriptions without refund, and take legal action where applicable.

Liability and Warranty

Winfora strives to offer HiddenWines error-free and in a reliable manner. Winfora, however, cannot guarantee that all information about restaurants and wines is accurate, current, and error-free. Winfora provides all information without warranty, for example, the prices of wines listed. Furthermore, Winfora cannot guarantee that wines listed are actually available at the respective restaurant.

Winfora is liable only for direct damages related to HiddenWines caused intentionally or through gross negligence by its own actions. Liability for auxiliary persons such as agents and subcontractors is excluded.

Winfora is not liable for other direct damages or for indirect or consequential damages. Winfora is, in particular, not liable for disappointed expectations, lost enjoyment or profit, actions or omissions of third parties, unrealized wine consumption, additional expenses for Users, damages due to wine consumption, or claims by third parties.

Final Provisions

Winfora reserves the right to adjust these Terms and Conditions at any time. The Terms and Conditions in effect at the time of the use of HiddenWines are applicable.

HiddenWines, including these Terms and Conditions, is exclusively governed by Swiss law, excluding the conflict-of-law provisions of Swiss and international private law and treaties, particularly the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory applicable law remains reserved, especially mandatory applicable law for consumers.

The exclusive place of jurisdiction is at the registered office of Winfora. However, Winfora is entitled to assert its claims at the residence or registered office of the Users at its discretion. Mandatory places of jurisdiction remain reserved, particularly for consumers.

Any matters not expressly addressed in these Terms and Conditions shall be governed by Apple's End User License Agreement (EULA), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.