Terms of Service

Contents

1. Acceptance of terms
2. Eligibility
3. Your account
4. The service
5. User-generated content
6. Prohibited conduct
7. AI chat disclaimer
8. Intellectual property
9. Third-party services
10. Disclaimers
11. Limitation of liability
12. Indemnification
13. Termination
14. Governing law and disputes
15. Changes to these terms
16. Contact us

These Terms of Service ("Terms") govern your use of the Corki mobile application (the "App") provided by Not A Budgeting Inc. ("Corki," "we," "us," or "our"). Please read these Terms carefully before using the App.

1. Acceptance of terms

By downloading, installing, or using Corki, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.

2. Eligibility

You must be at least 13 years of age to use Corki. By using the App, you represent that you meet this age requirement. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may only use Corki with the consent of a parent or legal guardian.

3. Your account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information when creating your account and to keep it up to date. You may not transfer your account to another person. Notify us immediately at support@corkiapp.com if you suspect unauthorized access to your account.

4. The service

Corki allows you to discover food and wine pairings by searching restaurants or uploading menu images, save and create your own pairing records, maintain a personal restaurant list, and interact with an AI assistant for pairing guidance. We reserve the right to modify, suspend, or discontinue any aspect of the App at any time, with or without notice, and without liability to you.

5. User-generated content

Your content

You retain ownership of the content you create in Corki, including saved pairings, restaurant lists, notes, ratings, and any other information you submit ("Your Content"). By submitting Your Content, you grant Corki a non-exclusive, worldwide, royalty-free license to store, display, and (where you have chosen to make it public) distribute Your Content solely for the purpose of operating and improving the App.

Private vs. public content

Content you save as private is accessible only to you. If you mark content as public (a feature planned for a future release), it will be visible to other Corki users and may be displayed within the App. You may change the visibility of your content at any time. Removing public content from public view may not immediately remove it from cached views or search indexes.

Your responsibility for content

You are solely responsible for Your Content. You represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your Content does not infringe the intellectual property, privacy, or other rights of any third party
• Your Content complies with these Terms and all applicable laws

6. Prohibited conduct

When using Corki, you agree not to:

• Submit content that is unlawful, harmful, harassing, defamatory, obscene, or otherwise objectionable
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Upload content that infringes any third party's intellectual property rights
• Use the App to distribute spam, unsolicited messages, or malicious software
• Attempt to reverse engineer, decompile, or otherwise access the source code of the App
• Scrape, crawl, or systematically collect data from the App without our express written permission
• Interfere with or disrupt the integrity or performance of the App or its servers
• Use the App in any way that violates applicable local, national, or international law

7. AI chat disclaimer

Corki's AI chat feature provides pairing suggestions and menu analysis for informational and entertainment purposes only. AI-generated recommendations may be inaccurate, incomplete, or unsuitable for your specific circumstances. They do not constitute professional sommelier advice, nutritional guidance, or endorsements of any specific product or establishment. You should exercise your own judgment when making food and beverage choices. We are not responsible for any decisions you make based on AI-generated content.

Chat messages and any menu images you share in chat are processed to generate a response and are not stored on our servers after your session. Do not share sensitive personal information in the chat.

8. Intellectual property

The Corki name, logo, app design, and all software, text, graphics, and other content created by us are the exclusive property of Not A Budgeting Inc. and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

9. Third-party services

Corki integrates with third-party services including mapping providers and AI inference services. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party service. Links to third-party restaurants or establishments within the App are provided for convenience and do not constitute an endorsement.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE APP IS AT YOUR SOLE RISK.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT A BUDGETING INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Not A Budgeting Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, Your Content, or your violation of these Terms.

13. Termination

You may stop using the App and delete your account at any time. We may suspend or terminate your account or access to the App at our discretion, including if we believe you have violated these Terms. Upon termination, your right to use the App ceases immediately. Sections 5 (ownership of your content), 10, 11, 12, and 14 survive termination.

14. Governing law and disputes

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or your use of the App shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction in those courts.

15. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will notify you through the App or by email and update the "Last updated" date. Your continued use of Corki after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the App.

16. Contact us

If you have questions about these Terms, please contact us at:

Not A Budgeting Inc.
legal@corkiapp.com