Software Terms of Use

Software terms of use

These terms govern use of the “DWINER” app between DWINER OG, Buchbergstraße 14, 4814 Neukirchen, Austria (“DWINER”), and the person or company that creates an account (“user”).

DWINER is an app for managing your own wine cellar on web, iOS and Android. That includes capture and stock, storage locations, lists, dashboard, import, scanner and food pairing. The software is not handed over. The user receives a simple, non-transferable right to use the app for the term of the contract.

1. Scope

1.1 Use requires an account and acceptance of these terms and of the privacy policy.

1.2 The terms apply to consumers and businesses. Towards consumers they apply only insofar as they do not conflict with the Austrian Consumer Protection Act or the Distance and Off-Premises Contracts Act. Such clauses are not repeated one by one for readability; they are ineffective towards consumers where they breach mandatory law.

1.3 Towards businesses these terms apply exclusively. Deviating purchasing terms do not become part of the contract.

2. Contract, plans, term

2.1 Registration creates a free contract of use for the Free plan, unless a paid plan is chosen.

2.2 Plans and prices are on https://www.dwiner.com/en/pricing. The version published there at the time of conclusion applies. Currently:

• Free: up to 50 wines, 1 storage location, 15 scans per month. Scans also include images in food pairing.
• Premium: up to 5,000 wines, 3 storage locations, 1,000 scans per month. Monthly or yearly, in advance.
• Exklusiv: wines without a fixed quota, up to 100 storage locations, 10,000 scans per month. Monthly or yearly, in advance.
• Lifetime: one-off fee, no ongoing subscription. The same limits as Exklusiv.

2.3 A “Standard” plan is no longer offered. Existing older subscriptions are assigned to the plan shown to the user in the app.

2.4 When a limit is reached, data already stored remain. New entries or scans above the limit are blocked until the plan changes or the quota resets. Scan quotas reset at the start of the next month.

2.5 A higher plan can be chosen at any time. There is no pro-rata refund of the current period, unless the store through which payment was made requires it.

2.6 A paid subscription renews for the chosen period until it is cancelled. Cancellation takes effect at the end of the period already paid. Cancellation is where the contract was made: in the app via the relevant store, for a web subscription via the route provided by RevenueCat, for an old PayPal subscription via PayPal. DWINER does not issue new PayPal subscriptions.

2.7 The user can end Free by deleting the account. DWINER can end Free with 14 days’ notice if the service is discontinued, or without notice for an important reason under section 5.

2.8 DWINER issues invoices electronically. There is no right to a paper invoice.

2.9 A business may set off claims of DWINER only with claims that have been finally determined or acknowledged by DWINER. For consumers the statutory right of set-off remains unaffected.

3. Account

3.1 The account is personal. It must not be shared or passed on, including on the Exklusiv plan. The same person may use the app on several of their own devices.

3.2 Login details must be kept secret. If misuse is suspected, the user must inform DWINER and change the password. DWINER may block an account while there is a reasonable suspicion of misuse or a false identity, and will say so.

3.3 Account details must be accurate and kept up to date.

4. Duties of the user

4.1 The user provides internet, a device and a current operating system.

4.2 The app must not be used abusively or unlawfully. In particular it is forbidden to circumvent limits, to read other accounts, to disrupt operation and to upload content to which the user has no rights.

4.3 The user indemnifies DWINER for damage from deliberately false information or from an infringement of rights by uploaded content, insofar as the user is responsible. Towards consumers this applies only within mandatory law.

4.4 DWINER may develop the app further. The interface may change. A feature that belongs to the paid plan is not removed without replacement unless a reasonable substitute or a right to cancel remains.

4.5 The user should export data they rely on. Wine lists can be output in the app as PDF or Excel. DWINER does not replace the user’s own backup. There is no duty to make a weekly backup.

5. Blocking and important reason

5.1 DWINER may block access or end the contract without notice if the user does not pay despite a reminder, uses the app unlawfully, circumvents limits, or substantially harms DWINER, other users or third parties.

5.2 For businesses the statutory business default interest applies in the event of late payment. For consumers default interest is 4 percent per year. After an unsuccessful reminder DWINER may block access until payment. The claim to payment for the period already running remains.

5.3 DWINER states a block and its reason. It ends as soon as the reason is gone.

6. User data

6.1 The user remains entitled to the content they enter. They grant DWINER the right to store, reproduce and technically process that content insofar as this is needed to run the app, including transfer to the services named in the privacy policy.

6.2 After a paid contract ends, read and export access remains for two further months. After that cellar data are deleted unless a statutory retention duty says otherwise. The user can delete the account in the app before that. Deletion covers cellar and account data, but not data DWINER needs for accounting or to defend claims.

6.3 DWINER may use wine details without a personal reference to maintain the shared catalogue. Personal cellar data, notes, photos and receipts are not passed to other users. Details are in the privacy policy.

6.4 Towards consumers DWINER is the controller within the meaning of the GDPR. If a business stores personal data of other people in the app, for example names on receipts, DWINER is a processor to that extent. DWINER provides a contract under Article 28 GDPR on request to support@dwiner.com.

7. AI features

7.1 The scanner, food pairing and suggestions for wine or price data may be based on artificial intelligence. The results are aids and can be wrong, incomplete or out of date. Only what the user checks and saves is binding.

7.2 DWINER does not owe a particular recognition rate or fitness of a suggestion for a particular purpose, in particular not for health, storage or the marketability of a wine.

8. Availability

8.1 DWINER aims for reliable operation. Uninterrupted use at all times cannot be promised. Towards businesses availability of 97.5 percent applies as a calendar-year average. Planned maintenance, force majeure and faults outside DWINER’s control, in particular at Apple, Google, Supabase or the payment services, do not count as downtime.

8.2 Planned maintenance is announced 24 hours in advance where possible. Towards consumers the statutory warranty rights remain unaffected.

9. Liability

9.1 DWINER is liable without limit for intent and gross negligence, for personal injury and under the Product Liability Act.

9.2 Towards consumers liability for damage from breach of essential contractual duties remains. Otherwise the mandatory limits of consumer protection law apply. A short exclusion period for claims does not apply towards consumers.

9.3 Towards businesses liability for slight negligence is excluded unless essential contractual duties are affected. In that case liability is limited to the typical, foreseeable damage and, per event, to the cover of DWINER’s liability insurance, or failing that to 10,000 euro. Indirect damage and lost profit are excluded towards businesses insofar as the law allows.

9.4 There is no liability for the accuracy of AI suggestions, catalogues and market prices, for content and outages of stores and other third-party services, or for damage the user could have avoided by exporting, unless DWINER caused the loss intentionally or by gross negligence.

10. Copyright

DWINER retains the rights in the app, the mark, texts, design and catalogue structure. Use beyond contractual use needs DWINER’s consent. The user treats non-public information about operation of the app as confidential.

11. Final provisions

11.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. Towards consumers this choice of law applies only insofar as it does not deprive them of the protection of the mandatory provisions of their country of residence.

11.2 For actions by businesses the court with subject-matter jurisdiction for Neukirchen has exclusive jurisdiction. For actions by and against consumers the statutory venue applies. An exclusive venue at DWINER’s seat is not agreed towards consumers.

11.3 If a clause is invalid, the rest remains in force.

12. Withdrawal for consumers

Consumers may withdraw from a distance contract for a paid subscription within 14 days without giving reasons. The period starts on the day the contract is concluded.

Withdrawal needs no form and is sent to DWINER OG, Buchbergstraße 14, 4814 Neukirchen, or to support@dwiner.com. Sending within the period is enough to meet the deadline.

DWINER refunds all payments it has itself received within 14 days of receiving the withdrawal. If payment was made via Apple or Google, the refund follows the rules of that store; withdrawal can be declared there.

The right of withdrawal ends early for digital content not supplied on a tangible medium only if the consumer has expressly agreed that DWINER starts before the end of the period, has acknowledged that they thereby lose the right of withdrawal, and DWINER has provided confirmation of the contract on a durable medium.

Model:

To DWINER OG, Buchbergstraße 14, 4814 Neukirchen, support@dwiner.com: I hereby withdraw from the contract I concluded for the use of DWINER. Name, address, email of the account, date.

Version: 24 September 2026.