These Terms of Service ("Terms") govern your access to and use of the Pour Decision mobile application (the "App") operated by Scotch 4 Dummies LLC ("S4D," "we," "us," or "our"). By creating an account or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be of legal drinking age in your jurisdiction of residence to use Pour Decision. In the United States, this means you must be at least 21 years old. In other jurisdictions, the legal drinking age may differ — you must comply with the laws that apply to you.
By using the App, you represent and warrant that you meet these age requirements and have the legal capacity to enter into these Terms.
2. Your Account
To use most features of the App, you must create an account. You agree to:
- Provide accurate, current information when creating your account.
- Keep your login credentials confidential.
- Accept responsibility for all activity that occurs under your account.
- Notify us immediately of any unauthorized access at support@scotch4dummies.com.
We reserve the right to suspend or terminate accounts that violate these Terms.
3. Subscriptions (Dram Club)
3.1 What Dram Club Includes
Dram Club is our paid subscription tier offering additional features such as unlimited tasting logs, analytics, full community access, exclusive content, and other benefits as described in the App. Feature sets may evolve over time.
3.2 Pricing
Current subscription prices are displayed in the App and at the point of purchase. Prices are subject to change; existing subscribers will be notified of any changes before they take effect and may cancel before the change applies.
3.3 Billing and Renewal
Subscriptions are billed through the Apple App Store or Google Play, depending on your platform. By subscribing, you authorize the applicable platform to charge your payment method:
- On a recurring basis (monthly or annual, depending on the plan you select).
- Automatically until you cancel.
To manage or cancel your subscription, use your device's subscription settings (iOS: Settings → your name → Subscriptions; Android: Play Store → subscriptions).
3.4 Refunds
Refund requests are handled by the platform that processed your subscription (Apple or Google), in accordance with their respective refund policies. We do not independently issue refunds for platform-processed subscriptions.
3.5 Free Trials and Promotions
From time to time, we may offer free trials or promotional subscription terms. The specific terms will be disclosed at the time of the offer. Unless you cancel before the trial ends, you will be automatically enrolled in a paid subscription.
4. User Content
4.1 Your Content
You retain ownership of content you create in the App, including tasting notes, photos, voice recordings, and community posts ("Your Content").
By creating or uploading Your Content, you grant S4D a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, display, reproduce, modify (for technical purposes such as image optimization), and distribute Your Content, solely as necessary to operate the App and provide our services to you.
If you share Your Content to community features, you grant other users the ability to view that content within the App.
4.2 Content Standards
You agree not to create, upload, or share content that:
- Is unlawful, defamatory, harassing, hateful, threatening, or invasive of another's privacy.
- Infringes anyone else's intellectual property rights.
- Contains sexually explicit material or content that exploits minors.
- Promotes excessive or irresponsible alcohol consumption or underage drinking.
- Contains malware, viruses, or other harmful code.
- Impersonates another person or entity.
- Violates any applicable law.
4.3 Content Moderation and Reporting
We reserve the right — but are not obligated — to monitor, review, or remove content that violates these Terms. You can report inappropriate content or users via the in-app reporting mechanism. We will review reports within a reasonable time (typically 24–72 hours) and take action at our discretion.
5. AI Features
Pour Decision includes AI-powered features, including but not limited to tasting suggestions, flavor extraction, voice note transcription, and conversational AI characters. These features use third-party AI models (such as Anthropic's Claude and OpenAI's models) and:
- Are suggestions, not advice. AI output may be inaccurate, incomplete, or inappropriate. Do not rely on AI output for decisions about health, safety, legal matters, or substantial purchases.
- Are not medical or professional guidance. Pour Decision does not provide medical, nutritional, or therapeutic advice. Consult a qualified professional for such matters.
- Process your input. Text you provide to AI features may be sent to our AI service providers. See our Privacy Policy for details.
6. Alcohol Responsibility
Pour Decision is a tool for adults to record, explore, and discuss whisky and other distilled spirits. We do not encourage excessive consumption, illegal drinking, or alcohol abuse.
You acknowledge that:
- Consumption of alcohol has health and legal implications that vary by jurisdiction and individual.
- You are solely responsible for your alcohol-related choices and their consequences.
- S4D is not liable for any harm arising from your consumption of alcohol.
- If you or someone you know is struggling with alcohol use, resources such as SAMHSA's National Helpline (US: 1-800-662-4357) are available.
7. Intellectual Property
7.1 Our Rights
The App, including its name, branding, features, designs, text, graphics, sounds, software, and all other elements (excluding Your Content and third-party content), are owned by or licensed to S4D and are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, sell, or reverse engineer the App except as expressly permitted by us or by applicable law.
7.2 Trademarks
"Scotch 4 Dummies," "Pour Decision," "Dram Club," "Dram Wheel," and related logos and slogans are trademarks of Scotch 4 Dummies LLC. Other trademarks appearing in the App are the property of their respective owners.
7.3 Feedback
If you provide us feedback or suggestions, you grant us the right to use that feedback without restriction or obligation.
8. Prohibited Uses
You agree not to:
- Use the App in violation of any law or regulation.
- Interfere with or disrupt the App, its servers, or its security.
- Use automated means (bots, scrapers) to access the App without our written permission.
- Access the App using another user's account without permission.
- Attempt to circumvent age restrictions, subscription controls, or other features designed to enforce these Terms.
- Resell or commercially exploit the App or any content obtained through it.
9. Third-Party Services
The App may contain links to or integrate with third-party services (such as payment processors, AI providers, and push notification services). We are not responsible for third-party services, their content, or their privacy practices. Your use of third-party services is governed by their own terms.
10. Termination
You may stop using the App and delete your account at any time (Settings → Account → Delete Account).
We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or illegal conduct, or used the App in a way that harms S4D or other users.
Upon termination, your right to use the App ends immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property, limitations of liability, indemnification, and dispute resolution — will remain in effect.
11. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant the accuracy, completeness, or reliability of any content in the App, including AI-generated content, bottle information, or community content.
Some jurisdictions do not allow the disclaimer of implied warranties. In those jurisdictions, the foregoing disclaimers apply to the fullest extent permitted by law.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL S4D, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE APP.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID S4D IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $100.
Some jurisdictions do not allow limits on liability for certain types of damages. In those jurisdictions, our liability is limited to the fullest extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless S4D and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your violation of these Terms.
- Your User Content.
- Your use of the App.
- Your violation of any rights of a third party.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of the State of Indiana, United States, without regard to conflict-of-law rules.
14.2 Informal Dispute Resolution
Before filing a formal claim, you agree to first contact us at support@scotch4dummies.com to attempt to resolve the dispute informally. We will respond within 60 days.
14.3 Binding Arbitration
If we cannot resolve a dispute informally, any dispute arising from these Terms or your use of the App will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Indianapolis, Indiana. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
Exceptions: Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for intellectual property disputes.
14.4 Opt-Out
You may opt out of the arbitration clause within 30 days of first accepting these Terms by emailing support@scotch4dummies.com with the subject line "Arbitration Opt-Out."
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will notify you via the App or by email. Continued use of the App after the update constitutes acceptance of the updated Terms.
16. Apple and Google Platform Terms
If you downloaded the App from the Apple App Store or Google Play, additional terms apply:
- Apple: Apple is not a party to these Terms. These Terms are solely between you and S4D. In the event of a conflict between these Terms and Apple's terms, Apple's terms govern to the extent required by Apple. Apple is a third-party beneficiary of these Terms and may enforce them against you.
- Google: Google is not a party to these Terms. These Terms are solely between you and S4D.
17. Miscellaneous
- Entire Agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and S4D regarding the App.
- Severability: if any provision is held invalid, the remaining provisions remain in effect.
- No Waiver: our failure to enforce any right does not waive it.
- Assignment: you may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
18. Contact Us
Questions about these Terms:
Scotch 4 Dummies LLC
Attn: Legal
6059 Lacebark Way
Avon, IN 46123-7188
United States
Email: legal@scotch4dummies.com General support: support@scotch4dummies.com
These Terms are provided as a working draft and reflect standard practices for consumer mobile apps. They are not legal advice. We strongly recommend review by a qualified attorney before publication.