Terms of use

These terms of use govern the use of Stimanda. How personal data is processed is described in the privacy policy.

1. Scope and conclusion of contract

   Stimanda is operated by Stefano Peduzzi, Via Campagnora 72, 6532 Castione, Switzerland (the “Operator”). Email: support@stimanda.app

   These terms apply to the website stimanda.app and the Stimanda app for iPhone (together “Stimanda”). By creating an account, or by using Stimanda without an account, for example when joining a class, you accept these terms and enter into a user agreement with the Operator. Anyone who does not accept these terms may not use Stimanda.

2. Services

   Stimanda is a service for structured tasting of wine and spirits. It guides the user through a tasting question by question, stores the information entered, suggests a score, and keeps a list of wines with photos and statistics. Teachers can conduct joint sessions with a class and invite people to it. Users can have a stated certification verified.

   Use of Stimanda is currently free of charge. Any paid services will be announced in advance and charged only with the express consent of the user.

   The questions, descriptions and scores in Stimanda serve education and personal record-keeping. A suggested score is an aid and not a judgement on the quality of a wine. Stimanda does not replace professional training or an official examination.

   A certification shown as verified means only that the Operator has checked the documents sent as proof, as described in the privacy policy. It is not a confirmation by the body that awarded the certification. The Operator may withdraw a verification if it turns out to be wrong.

3. Requirements and age

   Stimanda concerns alcoholic beverages. Its use is permitted only to persons aged 18 or over. Where a higher minimum age for alcohol applies at the place of residence, that age applies. With every new account, including an anonymous one, the person confirms that they are at least 18 years old.

   Stimanda does not promote the consumption of alcohol. When tasting several wines, spitting is recommended. No vehicle may be driven after consuming alcohol.

4. User account and obligations

   Access credentials must be kept confidential. The user is responsible for all actions taken under their account. If unauthorised use is suspected, the password must be changed immediately and the Operator informed.

   When using Stimanda, it is in particular prohibited to:

   • gain or attempt to gain access to the accounts or data of others;
   • overload, disrupt or attack the service, or retrieve its content by automated means;
   • copy, sell or publish the questions, levels and tasting vocabulary of Stimanda without the consent of the Operator;
   • send documents as proof that are forged or are not one’s own;
   • upload photos of other people without their consent;
   • enter unlawful or offensive content or content that infringes the rights of third parties.

5. User content and rights of use

   Content entered by the user remains the user’s. The user grants the Operator the non-exclusive, royalty-free right to store and display this content and to evaluate it in aggregated form, to the extent required for the operation and development of Stimanda.

   All other rights in Stimanda, in particular in the software, design, questions, levels and tasting vocabulary, remain with the Operator or the respective rights holders.

   The Operator may remove content that violates these terms.

6. Classes and teachers

   Teachers who use Stimanda with a class are responsible for ensuring that all participants meet the requirements of clause 3 and are informed about the use of Stimanda.

   The teacher sees the name entered for a class or session, the answers, the mark and the progress of each participant, and the names, email addresses and levels the teacher has entered on the class list. The teacher may use this information for teaching purposes only.

   A teacher may enter the email address of a person to invite them to a class only if they are entitled to do so. A teacher who joins a school accepts that the school’s management sees the teacher’s classes and their results.

7. Availability and changes to the service

   The Operator endeavours to provide reliable operation but does not guarantee uninterrupted or error-free availability. Features may be changed, added or discontinued.

   If Stimanda is discontinued, the Operator will announce this at least 30 days in advance so that users can download a copy of their data.

8. Liability

   Stimanda is provided free of charge and in its current form. To the extent permitted by law, the Operator’s liability for damage arising from the use of Stimanda is excluded, in particular for loss of data and for the accuracy of scores and information.

   Liability for damage caused unlawfully with intent or gross negligence, and any other liability that cannot be limited under mandatory law, remains reserved.

9. Term and termination

   The user agreement is concluded for an indefinite period. The user may terminate it at any time by deleting their account on the website or in the app.

   The Operator may terminate the agreement with 30 days’ notice. In the event of a breach of these terms, the Operator may suspend or delete the account without prior notice.

10. Changes to these terms

    The Operator may amend these terms. The amended version is published on this page with a new date. Users are informed of material changes by email or in the app before they take effect. Continued use of Stimanda after that date constitutes acceptance of the amended terms. Users who do not agree may terminate the agreement under clause 9.

11. Applicable law and place of jurisdiction

    These terms are governed exclusively by Swiss law, excluding its conflict-of-law rules. The place of jurisdiction is the Operator’s place of residence in Switzerland.

    Mandatory places of jurisdiction, in particular those for consumers, remain reserved. For consumers resident outside Switzerland, the mandatory consumer protection provisions of their country of residence also remain reserved.

12. Final provisions

    Should any provision of these terms be wholly or partly invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that comes closest to its purpose.

    These terms are available in German, English, Italian and French. In the event of any discrepancy, the German version prevails.