1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Tasting And Toasting Inc. (a Delaware corporation) together with its subsidiary Tasting And Toasting SL (a Spanish company) (collectively "Tasting & Toasting", "we", "our", "Company").

By accessing or using the website tastingandtoasting.com, its subdomains, or any associated mobile applications (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, do not use the Service.

2. Company Information (LSSI-CE Article 10)

In compliance with Article 10 of Spanish Law 34/2002 on Information Society Services and Electronic Commerce ("LSSI-CE"), the following information is provided:

3. Description of the Service

Tasting & Toasting is developing a wine education and tasting platform that, when fully operational, will offer:

• A blind wine tasting game (mobile and web)

• Curated wine tasting kits delivered to your home

• Live tasting events with trained mediators

• Subscription-based wine experiences

• A platform connecting players, mediators, and winery partners

During the pre-launch phase, the Service offers only:

• Information about the upcoming product

• Waitlist registration for launch notifications

• Contact and inquiry channels

4. Eligibility and Age Requirements

You may use the Service only if:

• You are at least 18 years of age (the legal drinking age in Spain and the EU)

• You have legal capacity to enter into binding contracts under applicable law

• You are not prohibited from receiving the Service under any applicable law

• You reside in a jurisdiction where alcohol-related services are legal

Use of the Service by minors under 18 is strictly prohibited. We reserve the right to verify your age at any time, and in particular at the point of physical delivery, where a valid government-issued ID may be required.

For the limited purpose of website browsing during pre-launch (without alcohol-related transactions), Spanish law (Article 7 LOPDGDD) permits digital consent from age 14. However, registration for the Service requires confirmation of being 18 or older.

5. Account Registration and Security

5.1 Account Creation

To use certain features (when available), you must create an account. You agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update your information

• Maintain the security of your account credentials

• Notify us immediately of any unauthorized access

• Accept responsibility for all activities under your account

5.2 One Account Per Person

Each individual may register only one account. Sharing accounts, creating multiple accounts, or transferring an account is prohibited.

5.3 Authentication

We use phone-based one-time password (OTP) authentication. You are responsible for maintaining access to the phone number associated with your account.

6. Acceptable Use Policy

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations

• Use the Service if you are under 18 years of age

• Resell, redistribute, or commercialize wine purchased through the Service without authorization

• Provide false, misleading, or fraudulent information

• Impersonate any person or entity, or misrepresent your affiliation

• Interfere with or disrupt the Service or servers

• Attempt to gain unauthorized access to any part of the Service

• Reverse engineer, decompile, or disassemble any part of the Service

• Use automated systems (bots, scrapers, crawlers) to access the Service without our express written permission

• Upload or transmit viruses, malware, or other harmful code

• Harass, threaten, or abuse other users, mediators, or our staff

• Post content that is defamatory, obscene, hateful, or violates the rights of others

• Collect personal data of other users without their consent

• Use the Service to send unsolicited commercial communications (spam)

• Bypass age verification or other security measures

• Engage in any activity that constitutes unfair competition under Spanish or EU law

7. User-Generated Content

7.1 Your Content

When you post tasting notes, reviews, photos, or other content ("User Content"), you retain ownership but grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, display, and modify your User Content for the purpose of operating, improving, and promoting the Service.

7.2 Content Standards

User Content must not:

• Violate any law or regulation

• Infringe intellectual property rights

• Be defamatory, obscene, or harmful to minors

• Promote excessive alcohol consumption or drinking by minors

• Contain personal data of other persons without consent

7.3 Moderation

We reserve the right (but have no obligation) to review, edit, or remove User Content at our sole discretion. We may suspend or terminate accounts that repeatedly violate these standards.

8. Intellectual Property

8.1 Our IP

All content on the Service, including text, graphics, logos, images, audio, video, software, and the wine tasting game mechanics ("Our Content"), is owned by Tasting & Toasting or licensed to us, and is protected by Spanish, EU, and international intellectual property laws.

The trademarks "Tasting & Toasting", the logo, and related visual identity are pending registration with EUIPO and remain the exclusive property of Tasting And Toasting Inc. or its licensees.

8.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms.

8.3 Restrictions

You may not:

• Copy, reproduce, distribute, or create derivative works of Our Content without permission

• Use Our Content for commercial purposes without express written permission

• Remove copyright, trademark, or other proprietary notices

• Use any data mining, robots, or similar data gathering tools

9. Purchases and Payments (Post-Launch)

THIS SECTION APPLIES ONLY AFTER OPERATIONAL LAUNCH. During pre-launch, no purchases or payments are processed through the Service.

9.1 Pricing

All prices are stated in Euros (EUR) and include applicable IVA (Spanish VAT) at the rate in force at the time of purchase. Shipping and handling fees are added at checkout.

9.2 Payment Methods

We accept payment via:

• Bizum (Spain)

• Credit and debit cards (Visa, Mastercard, American Express)

• Apple Pay and Google Pay

• SEPA bank transfer (for certain order types)

Payment processing is handled by certified payment processors. We do not store full credit card details.

9.3 Order Acceptance

Your order is accepted only when we send you an order confirmation email. We reserve the right to refuse or cancel orders for reasons including stock availability, pricing errors, suspected fraud, or inability to verify age at delivery.

9.4 Withdrawal Right (14 days)

Under Spanish consumer law (Royal Legislative Decree 1/2007), consumers have a 14-day right of withdrawal for distance contracts. However, important exceptions apply to wine purchases:

• The withdrawal right does NOT apply to sealed goods that have been unsealed after delivery and are not suitable for return for hygiene/health reasons (Art. 103.e RDL 1/2007), this includes opened wine bottles

• The withdrawal right DOES apply to sealed/unopened wine kits and bottles, returned in their original condition

• Custom or personalized products are not subject to withdrawal right

To exercise withdrawal, contact us within 14 days of delivery at info@tastingandtoasting.com. Return shipping costs are borne by the buyer unless the product was defective.

9.5 Subscriptions

Subscription services renew automatically until cancelled. You may cancel, pause, or modify your subscription at any time through your account, with effect from the next billing period. No refunds are provided for the current billing period upon cancellation, except where required by law.

9.6 Defective Products and Legal Warranties

Under Spanish consumer law, you have a legal warranty of conformity for 3 years from delivery (Art. 120 RDL 1/2007). For defective wine (corked, oxidized, damaged in transit):

• Notify us within a reasonable time of discovery, with photos where applicable

• We will replace the defective product or provide a refund at our discretion

• In case of dispute, you may contact the Spanish consumer arbitration system (Junta Arbitral de Consumo)

10. Alcohol Policy and Responsible Consumption

We are committed to responsible consumption of alcohol:

• We do NOT promote excessive consumption

• We do NOT target minors in any communications

• We comply with Spanish alcohol marketing regulations and the Código de Autorregulación de Comunicaciones Comerciales de las Bebidas Espirituosas

• We require age verification at delivery, couriers are instructed to verify ID and refuse delivery to anyone unable to prove they are 18+

• We refuse service to anyone visibly intoxicated at events

• We provide information about responsible consumption and recommended limits

If you or someone you know struggles with alcohol consumption, support is available through the Spanish health system and organizations such as Alcohólicos Anónimos España.

11. Delivery (Post-Launch)

THIS SECTION APPLIES ONLY AFTER OPERATIONAL LAUNCH.

• Initial delivery area: Spanish mainland and Balearic Islands

• Delivery is handled by licensed Spanish couriers (e.g., SEUR, MRW)

• Estimated delivery times: 2-5 business days from order confirmation

• Mandatory ID check at delivery, package will be returned if recipient cannot verify being 18+

• Risk of loss transfers to you upon delivery to the address you provided

• We are not responsible for delays caused by force majeure, courier issues, or incorrect address information

12. Third-Party Services and Links

The Service may contain links to third-party websites and services. We are not responsible for the content, privacy practices, or terms of such third parties. Your use of third-party services is governed by their own terms and policies.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR WARRANTIES THAT CANNOT BE EXCLUDED UNDER SPANISH CONSUMER LAW.

We do not warrant:

• That the Service will be uninterrupted, secure, or error-free

• That defects will be corrected

• That the Service is free of viruses or other harmful components

• The accuracy, completeness, or usefulness of any information on the Service

Your statutory rights as a consumer under Spanish law are not affected by these disclaimers.

14. Limitation of Liability

To the maximum extent permitted by Spanish law, our total liability for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

Notwithstanding the above, nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence

• Fraud or fraudulent misrepresentation

• Any liability that cannot be limited or excluded under Spanish law

• Defective products under Spanish product liability law

15. Indemnification

You agree to indemnify and hold harmless Tasting & Toasting, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your User Content, or your misuse of the Service.

16. Termination

16.1 Termination by You

You may stop using the Service and close your account at any time through your account settings or by contacting info@tastingandtoasting.com.

16.2 Termination by Us

We may suspend or terminate your access to the Service, with or without notice, for:

• Breach of these Terms

• Suspected fraud or unlawful activity

• Failure to verify identity or age

• Extended inactivity

• Discontinuation of the Service

16.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases

• We may delete your account and User Content (subject to legal retention obligations)

• Provisions that by their nature should survive (IP, liability, dispute resolution) remain in effect

17. Modifications to the Service and Terms

We may modify the Service or these Terms at any time. Material changes will be communicated via:

• Email notification (if you have provided your email)

• Notice on the Service

• Update to the "Effective Date" at the top of these Terms

Material changes affecting your rights take effect after a 30-day notice period. Continued use after the effective date constitutes acceptance.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Kingdom of Spain, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For consumer disputes, you may bring proceedings before the courts of your domicile in the EU, in accordance with EU consumer protection law. For non-consumer disputes, the exclusive jurisdiction is the courts of Valencia, Spain.

18.1 Online Dispute Resolution

In accordance with Article 14(1) of EU Regulation 524/2013, we inform you of the European Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

18.2 Spanish Consumer Arbitration

You may also seek resolution through the Spanish consumer arbitration system (Sistema Arbitral de Consumo), administered by the Junta Arbitral de Consumo of your autonomous community.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us.

19.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

19.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to a successor in interest in connection with merger, acquisition, or sale of assets.

19.5 Force Majeure

Neither party is liable for failure to perform due to events beyond reasonable control (natural disasters, war, pandemic, government action, supplier failures).

19.6 Language

These Terms are provided in English and Spanish. In case of conflict, the [English / Spanish, TO BE DECIDED] version prevails.

19.7 Contact

For questions about these Terms, contact info@tastingandtoasting.com.

These Terms of Service were last updated on [DATE]. A Spanish version is available at tastingandtoasting.com/terminos.

© Tasting And Toasting Inc. and Tasting And Toasting SL. All rights reserved.