These Terms of Service ("Terms") govern your use of the Text A Somm website and SMS-based sommelier recommendation service (the "Service") operated by Text A Somm ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms.
1. Eligibility
You must be at least 21 years of age (the legal drinking age in the United States) to use our Service. By using the Service, you represent and warrant that you meet this age requirement.
We implement age verification at opt-in through explicit user confirmation. You must affirmatively state "I am 21 years or older" before service activation through one of our opt-in methods (SMS, web form, restaurant signup, or QR code). We maintain age verification records for compliance purposes and immediately suspend service if an underage user is detected.
2. Description of Service
Text A Somm provides personalized wine recommendations via SMS text messaging. When you text our Service number, your request is reviewed by a certified sommelier who provides tailored wine pairing suggestions based on the information you share (food, preferences, budget, wine list photos).
The Service is intended for informational and entertainment purposes. Wine recommendations are opinions provided by our sommelier experts and should not be construed as professional health, dietary, or medical advice.
3. SMS Terms & Consent
By sending a text message to our Service number, using our web form at textasomm.myrtle.cloud, scanning a QR code, or signing up at a restaurant partner location, you expressly consent to receive SMS messages from Text A Somm including sommelier recommendations, follow-up messages, and service notifications. All opt-in methods require you to confirm: (1) you are 21 years or older, (2) you consent to receive wine recommendations via SMS, and (3) you acknowledge that standard SMS rates from your wireless carrier may apply. Upon opt-in, you receive an immediate SMS confirmation with our program details and opt-out instructions. This consent is documented and retained for compliance purposes.
- Message frequency: Varies based on your interaction. You will receive responses to your requests and occasional follow-up messages.
- Message and data rates: Standard message and data rates from your wireless carrier may apply.
- Opt-out: Text STOP at any time to unsubscribe. You will receive one final confirmation message, after which all messaging ceases immediately. Your phone number is marked as opted-out and maintained to prevent accidental re-messaging. Your conversation history is deleted within 30 days of opt-out.
- Help: Text HELP for assistance, or email privacy@winegurus.com.
- Carriers: Compatible with all major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Send abusive, threatening, or harassing messages to our sommeliers
- Attempt to access our systems, dashboards, or databases without authorization
- Use automated systems, bots, or scripts to interact with the Service
- Impersonate another person or misrepresent your identity
- Interfere with or disrupt the Service or its infrastructure
- Reproduce, distribute, or commercially exploit any content from the Service
We reserve the right to terminate or restrict your access to the Service at our discretion if you violate these Terms.
4A. Optional Web Platform
Text A Somm offers an optional web platform at textasomm.myrtle.cloud where users can create profiles, view recommendation history, and manage preferences. The web platform is entirely optional. All core Service functionality and value is delivered via SMS and does not require web access. Use of the web platform is governed by this Terms of Service and our Privacy Policy.
4B. CTIA Compliance & Messaging Standards
Text A Somm complies with the CTIA Messaging Principles and Best Practices and the Telephone Consumer Protection Act (TCPA). Our service is classified as Non-Consumer messaging (business-to-consumer). We maintain clear opt-in documentation, honor all opt-out requests immediately, and comply with all carrier requirements for message content, frequency, and sender authentication.
4C. Recommendations Only — No Wine Sales
Text A Somm provides wine pairing recommendations only. We do not sell, distribute, or facilitate the purchase of wine directly to consumers. All recommendations are for informational purposes. Users purchase wine from their restaurant or retail independently. We do not earn commissions on wine sales resulting from our recommendations.
5. Intellectual Property
All content on our website and within our Service — including text, graphics, logos, design, and software — is the property of Text A Somm or its licensors and is protected by copyright, trademark, and other intellectual property laws.
Wine recommendations provided by our sommeliers are shared for your personal use only and may not be reproduced, published, or distributed commercially without our written consent.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Wine recommendations are subjective opinions. We do not guarantee that you will enjoy any recommended wine. Individual taste preferences, vintage variations, and restaurant availability may affect your experience.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TEXT A SOMM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR GOODWILL.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $50, WHICHEVER IS GREATER.
8. Responsible Drinking & Age Restriction
Text A Somm is restricted to users 21 years or older (the legal drinking age in the United States). We promote responsible alcohol consumption. Our recommendations are intended to enhance your dining experience, not to encourage excessive drinking. Please drink responsibly and never drink and drive. If you are under 21, you are not permitted to use this Service.
9. Restaurant Partnerships & Independence
Text A Somm may partner with restaurants to offer the Service as a dining amenity. Partner restaurants display QR codes or promotional materials directing diners to use the Service. Our sommeliers provide independent, unbiased recommendations based on your dining situation, not on restaurant partnerships or wine inventory. We do not receive commissions on wine sales from partner restaurants. Restaurant partnerships do not influence sommelier recommendations.
10. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.
11. Modifications to Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts located in the State of Florida.
13. Contact Us
If you have questions about these Terms, contact us at:
- Email: privacy@winegurus.com
- Website: textasomm.myrtle.cloud