Terms of Service
- Agreement to these terms
- Who we are
- Eligibility and age
- Your account
- License to use the apps
- Acceptable use
- Purchases, subscriptions, and billing
- Your content and feedback
- Intellectual property
- Third-party services and stores
- Apple App Store terms
- Google Play terms
- Alcohol and no professional advice
- Disclaimers
- Limitation of liability
- Indemnification
- Term and termination
- Governing law and venue
- Dispute resolution and arbitration
- Changes to these terms
- General
- Contact
1. Agreement to these terms
These Terms of Service ("Terms") form a binding agreement between you and Push Get LLC ("Push Get," "we," "us," or "our") and govern your access to and use of our mobile applications, websites, and related services (together, the "Services"), including Approachable Wine Guide. By downloading, installing, accessing, or using any of the Services, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services.
2. Who we are
The Services are provided by Push Get LLC, a limited liability company organized in the United States, with a mailing address of 1209 Mountain Road Pl NE, Ste N, Albuquerque, NM 87110, USA. You can reach us at [email protected].
3. Eligibility and age
You must be able to form a binding contract with us to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement of a parent or legal guardian.
Some Services relate to alcohol. To download, access, or use any app that concerns alcoholic beverages, including Approachable Wine Guide, you must be of legal drinking age in your location, which is at least 21 years old in the United States. By using such Services, you represent and warrant that you meet this requirement. The Services do not sell or deliver alcohol.
4. Your account
Some features may require an account. If you create one, you agree to provide accurate information and to keep it current, to keep your credentials secure, and to be responsible for all activity under your account. Tell us promptly at [email protected] if you suspect unauthorized use. We may suspend or close accounts that violate these Terms.
5. License to use the apps
Subject to these Terms, Push Get grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use one copy of each app on a device that you own or control, and to use the Services, solely for your own personal, non-commercial purposes. Where an app is downloaded from a third-party store, this license is further subject to the rules of that store.
We and our licensors retain all right, title, and interest in and to the Services. No rights are granted to you except as expressly set out in these Terms.
6. Acceptable use
You agree not to, and not to allow anyone else to:
- copy, modify, translate, or create derivative works of the Services, except as allowed by law;
- reverse engineer, decompile, or disassemble any part of the Services, or attempt to derive source code, except to the extent this restriction is prohibited by applicable law;
- rent, lease, lend, sell, sublicense, distribute, or otherwise commercialize the Services;
- remove or alter any proprietary notices;
- use the Services to break the law, infringe others' rights, or promote irresponsible or unlawful consumption of alcohol;
- interfere with or disrupt the Services, probe or scan their systems, or bypass any security or rate-limiting measures;
- use any automated means to access the Services or scrape data, except for public search-engine indexing of our public webpages; or
- use the Services to build a competing product or to train machine-learning models without our written permission.
7. Purchases, subscriptions, and billing
Some Services offer paid features. We offer both one-time purchases and auto-renewing subscriptions. Prices and the features included are shown in the app or on the relevant store before you buy, in your local currency where supported.
One-time purchases
A one-time purchase unlocks the stated features for the platform on which you bought it, without recurring charges. One-time purchases are generally tied to the store account used at the time of purchase.
Auto-renewing subscriptions
If you buy an auto-renewing subscription, the following apply, in addition to the rules of the store that processed your purchase:
- Payment is charged to your store account (for example, your Apple ID or Google Play account) when you confirm the purchase.
- The subscription renews automatically for the same period and at the then-current price unless you turn off auto-renew at least 24 hours before the end of the current period.
- Your account is charged for renewal within 24 hours before the end of the current period.
- You can manage or cancel a subscription at any time in your store account settings. Canceling stops future renewals; it does not end the current paid period early.
Free trials
Where a free trial is offered, you will not be charged during the trial if you cancel at least 24 hours before it ends. If you do not cancel, the subscription begins automatically and your account is charged. Any unused portion of a trial is forfeited when you purchase a subscription. Trials may be limited to new subscribers and to one per user.
Price changes
We may change prices and the contents of paid plans. Changes apply to new purchases and to renewals after the change takes effect. Where required, the store or we will notify you and, for some changes, ask for your consent before the next renewal. If you do not agree to a new price, cancel before your next renewal.
Refunds
Purchases made through the Apple App Store or Google Play are processed by those stores, and refunds for those purchases are handled by the store under its own policy. We generally cannot grant refunds for store purchases directly. Where we sell access outside those stores, refunds follow the policy presented at checkout and any rights you have under applicable law.
8. Your content and feedback
The Services may let you create content such as tasting notes, ratings, lists, and saved items ("Your Content"). You keep ownership of Your Content. You grant Push Get a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and display Your Content solely to operate and improve the Services for you. You are responsible for Your Content and confirm you have the rights to it.
If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.
9. Intellectual property
The Services, including their software, design, text, graphics, logos, and the names "Push Get," "Approachable Wine Guide," and related marks, are owned by Push Get or its licensors and are protected by intellectual-property laws. These Terms do not grant you any right to use our names or logos without our prior written permission.
10. Third-party services and stores
The Services may rely on or link to third-party products, content, and services that we do not control, including app stores, payment processors, analytics and infrastructure providers, and reference content. We are not responsible for third-party services, and your use of them is governed by their own terms and policies. Links and references are not endorsements.
11. Apple App Store terms
If you obtained an app from the Apple App Store, the following additional terms apply. They are between you and Push Get only, not Apple, and Apple is not responsible for the app or its content.
- The license granted in Section 5 is limited to use on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app.
- Apple is not responsible for addressing any claims relating to the app, including product-liability claims, claims that the app fails to meet a legal requirement, and claims under consumer-protection or similar laws, including in connection with the app's use of HealthKit or HomeKit frameworks where applicable.
- If a third party claims the app or your use of it infringes that party's intellectual-property rights, Push Get, not Apple, is responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by these Terms.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
12. Google Play terms
If you obtained an app from Google Play, your use is also subject to the Google Play Terms of Service. To the extent of any conflict between these Terms and the Google Play terms regarding your use of the app obtained through Google Play, the Google Play terms control for that subject matter. Google is not a party to these Terms and is not responsible for the app.
13. Alcohol and no professional advice
Apps such as Approachable Wine Guide provide general information about wine and related topics for education and enjoyment. They do not provide medical, dietary, legal, or other professional advice, and they are not a substitute for advice from a qualified professional. Always drink responsibly and in accordance with the law where you are. Never drink and drive. If you have questions about how alcohol affects your health, talk to a medical professional.
14. Disclaimers
The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, error-free, or that content such as wine information, pairings, or recommendations is accurate, complete, or suitable for you. You use the Services at your own discretion and risk. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.
15. Limitation of liability
To the maximum extent permitted by law, Push Get and its officers, members, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Services, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by law, our total liability for all claims relating to the Services will not exceed the greater of (a) the amount you paid us for the Services in the 12 months before the event giving rise to the liability, or (b) twenty U.S. dollars (US$20). Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you.
16. Indemnification
You agree to indemnify and hold harmless Push Get and its officers, members, and employees from and against any claims, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of or related to your misuse of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.
17. Term and termination
These Terms apply while you use the Services. You may stop using the Services and delete the apps at any time. We may suspend or terminate your access at any time if you violate these Terms, if required by law or a store, or if we discontinue the Services. Sections that by their nature should survive, including Sections 8 through 22, survive termination. Termination does not entitle you to a refund except as required by law or store policy.
18. Governing law and venue
These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. Subject to Section 19, the state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there. Nothing in this section limits any mandatory consumer-protection rights you have under the laws of the country where you live.
19. Dispute resolution and arbitration
Please read this section carefully. It affects how disputes are resolved.
Informal resolution first. Before filing a claim, you agree to try to resolve it informally by emailing [email protected] with a description of the issue. We will try to resolve it within 60 days.
Binding arbitration. If we cannot resolve a dispute informally, you and Push Get agree to resolve any dispute arising out of or relating to these Terms or the Services through final and binding arbitration administered by a recognized arbitration provider under its consumer rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will take place in Bernalillo County, New Mexico, or by remote means, or another location you and we agree on. The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver below.
Class-action waiver. You and Push Get agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing [email protected] with your name and a statement that you opt out of arbitration. If you opt out, Section 18 governs any dispute. This Section 19 does not apply where it is prohibited by the law of your country of residence.
20. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice in the app or by other reasonable means. Changes take effect when posted. Your continued use of the Services after changes take effect means you accept the updated Terms.
21. General
These Terms and the Privacy Policy are the entire agreement between you and Push Get about the Services and supersede any prior agreements on that subject. If any provision is found unenforceable, the rest remain in effect, and the unenforceable provision will be limited or removed to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may provide notices to you in the app, by email, or by posting on our website.
22. Contact
Questions about these Terms? Contact us:
Push Get LLC1209 Mountain Road Pl NE, Ste N
Albuquerque, NM 87110, USA
[email protected]