Term of Use
Last updated: February 15, 2026
AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and WineDay, Inc. (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://www.itswineday.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). We are a Delaware corporation with operations nationwide.
You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have accepted, the changes in any revised Terms of Service by your continued use of the Service after the date such revised Terms of Service are posted.
The Service is intended for users who are at least 21 years old. Persons under the age of 21 are not permitted to use or register for the Service.
ELIGIBILITY AND USER REPRESENTATIONS
By using the Service, you represent and warrant that:
You are at least 21 years old and can provide valid government-issued photo identification.
All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity, and you agree to comply with these Terms of Service.
You are not a minor in the jurisdiction in which you reside.
You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Service for any illegal or unauthorized purpose.
Your use of the Service will not violate any applicable law or regulation.
You are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country.
You are not listed on any U.S. government list of prohibited or restricted parties.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content, or enforce limitations on the use of the Service and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service.
Use any information obtained from the Service in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Service in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Service.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
Copy or adapt the Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Service.
Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Service as part of any effort to compete with us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Service to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
Experience-Specific Prohibitions:
Bring outside alcohol to experiences or consume alcohol outside designated WineDay events.
Record, photograph, or livestream experiences without explicit written consent from WineDay and all attendees.
Resell tickets, reservations, or access to experiences without our written permission.
Attend experiences while intoxicated or under the influence of controlled substances.
Violate any venue rules, local laws, or regulations during experiences.
Engage in conduct that disrupts other participants’ enjoyment or poses safety risks.
USER GENERATED CONTRIBUTIONS
The Service may invite you to contribute to, or participate in, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Service and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Service, and other users of the Service to use your Contributions in any manner contemplated by the Service and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Service and these Terms of Service.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service.
CONTRIBUTION LICENCE
By posting your Contributions to any part of the Service or making Contributions accessible to the Service by linking your account from the Service to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Service. You are solely responsible for your Contributions to the Service, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, to:
Edit, redact, or otherwise change any Contributions,
Re-categorize any Contributions to place them in more appropriate locations on the Service; and
Pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
EXPERIENCES & EVENTS
WineDay facilitates Experiences provided by Hosts and venues. We strive for accuracy but do not guarantee the completeness or availability of Experience details, schedules, venues, or pricing.
We reserve the right to modify, substitute, or cancel any Experience for operational, safety, legal, or business reasons. Notice of cancellation or material change will be provided where possible, using your current contact information.
All guests must be at least 21 years old for alcohol-related Experiences. Valid government-issued identification is required for entry. If you fail to provide identification or are visibly intoxicated, you may be refused entry or service without any refund.
If you have food allergies, dietary restrictions, sensitivities, or medical accommodations, you are responsible for communicating these directly to us and our Hosts before booking. You must keep your WineDay profile accurate and up-to-date so these needs are known for every Experience you attend. We and our Hosts will make reasonable efforts to accommodate requests but cannot guarantee accommodation or an allergy-free environment. Failing to provide timely and current information in your profile or during booking may expose you to unnecessary risks.
Compliance with Experience-specific rules, venue policies, and instructions from WineDay or Hosts is required. Disruptive or unsafe behavior may result in removal and future exclusion from Experiences at our discretion.
The use of outside alcohol and unauthorized media equipment, recording, livestreaming, or professional photography is not permitted unless you receive express written consent from WineDay and all participants.
HOST/THIRD-PARTY LIABILITY
7.1 Host Definition
A “Host” is any individual or organization that uses the WineDay platform, software, or services to create, schedule, organize, or manage events, experiences, or gatherings. Hosts may be independent contractors, third parties, venue owners, organizations, or regular users of the Service who elect to host events through WineDay’s open platform.
7.2 Host Status
Hosts are not employees, agents, or representatives of WineDay. Use of the Service to host events does not create any partnership, joint venture, or employment relationship with WineDay. Hosts operate independently, assuming full responsibility for their events and interactions with guests, other users, venues, and third parties.
7.3 Host Responsibilities
All Hosts must:
Maintain accurate descriptions, schedules, pricing, and availability for each event.
Comply with all applicable laws, licensing, insurance, health, safety, venue, and local regulations relevant to their events.
Enforce all stated event requirements, House Rules, and venue policies.
Cooperate with WineDay regarding complaints, disputes, investigations, or claims.
Fulfill all obligations to attendees as described in the event listing.
7.4 Host/Third-Party Liability
All risks, disputes, damages, or claims arising from event organization, guest interactions, conduct, venue conditions, or provision of goods/services are the sole responsibility of the Host, whether a contractor, venue, organization, or third-party user. WineDay is not responsible for any action, omission, or dispute involving the Host and guests except where injury or loss results solely from WineDay’s own direct actions.
7.5 Removal or Suspension of Hosts
WineDay reserves the right to remove, suspend, or restrict access to hosting services for any Host who violates these Terms, fails to fulfill obligations, or engages in conduct deemed harmful, unsafe, fraudulent, or unlawful.
PAYMENT TERMS
All payments must be processed through WineDay’s secure payment provider. Payment is required to confirm any booking or reservation. WineDay is not responsible for delays, failures, or errors from external payment systems.
Pricing at the time of booking is final and includes any applicable taxes or fees, unless otherwise noted. Optional add-ons, gratuities, or upgrades are paid as described and are non-refundable.
You must maintain your WineDay profile and payment details so your bookings and charges are accurate. By submitting payment information, you authorize WineDay to process charges for all applicable fees.
CANCELLATION AND REFUND POLICY
9.1 Guest Cancellations
You may cancel your booking at any time before the applicable refund deadline. Cancellations can be made through the cancellation feature in your WineDay account or by emailing legal@itswineday.com. The process is accessible and straightforward. For any difficulties, please contact us for assistance.
If you cancel your booking 72 hours or more before the Experience starts, you will receive a full refund to your original payment method, less a processing fee of $10 or 3% of the event price, whichever is greater.
If you cancel your booking between 72 and 48 hours before the Experience starts, you will receive a 50% refund.
If you cancel less than 48 hours before the Experience starts, or do not attend, your payment is non-refundable.
9.2 WineDay or Host Cancellations
If WineDay or the Host cancels or significantly alters an Experience for any reason, you will receive a full refund to your original payment method, or if you prefer, a credit toward a future Experience. No processing fee will apply to cancellations by WineDay or the Host.
9.3 Refund Timelines
Refunds for approved cancellations or changes will be processed within 7–10 business days of your request or WineDay’s notification.
9.4 Additional Terms
Requests for exceptions to this policy must be submitted in writing and will be considered at WineDay’s sole discretion. Please keep your contact and payment profile information current to guarantee timely notifications and refunds.
10. PRIVACY AND COMMUNICATION
WineDay collects, stores, and processes your personal information—including health, allergy, and accessibility data—for the purpose of facilitating safe and effective Experiences. All data is managed securely in compliance with applicable laws, including the GDPR and CCPA where relevant. For more detail, see our Privacy Policy. We never sell or disclose your data, unless required by law or for platform operations.
We may send transactional, administrative, or Service-related communications to the contact information in your WineDay profile. Marketing messaging is sent separately; you may update your preferences at any time. Please keep your contact information accurate and up-to-date to ensure you receive all critical communications.
11. ASSUMPTION OF RISK AND RELEASE
By participating in any Experience, you acknowledge and voluntarily assume all inherent risks, including but not limited to risks associated with food, alcohol consumption, travel, venues, activities, and interactions with other guests. You are solely responsible for your own health, safety, and personal property at all times.
WineDay, its affiliates, hosts, and venues will not be liable for any injury, illness, damage, loss, claim, liability, or expense arising from your participation in any Experience, except where caused by our gross negligence or willful misconduct. You hereby release, discharge, and hold harmless WineDay, its affiliates, hosts, officers, employees, and partners from all such claims, to the maximum extent permitted by law.
12. LIMITATION OF LIABILITY
WineDay will use reasonable efforts to maintain uninterrupted access to the Service, but does not guarantee that the Service will be error-free or always available. You acknowledge that interruptions, outages, or technical errors may occur and affect your access to bookings or Experiences. WineDay is not liable for any losses or damages due to such interruptions, except where such losses result solely from our gross negligence.
Our total liability to you in connection with any claims arising from or related to the Service, Experiences, or these Terms will not exceed the total amount paid by you for the Experience at issue in the prior twelve months.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless WineDay, its affiliates, hosts, employees, officers, directors, agents, and partners from and against any claims, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Service or any Experience,
Your breach or violation of these Terms or any applicable law,
Your acts, omissions, or negligence,
Your Contributions and their use by WineDay,
Your infringement or alleged infringement of any intellectual property or privacy rights of any party,
Any claim or demand made by a third party related to your actions or omissions.
14. INTELLECTUAL PROPERTY
All content and materials included in the Service and Experiences, including but not limited to text, images, graphics, logos, designs, software, and trademarks, are the exclusive property of WineDay or its licensors and are protected by applicable intellectual property laws.
Except as expressly authorized by WineDay in writing, you may not copy, reproduce, modify, create derivative works from, distribute, transmit, display, perform, publish, license, sell, or otherwise exploit any content, software, or materials from the Service, for any commercial purpose.
15. THIRD PARTY SERVICES, LINKS, AND CONTENT
The Service may contain (or you may be sent via the Service) links to other websites ("Third-Party Websites") as well as content or items originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
16. FORCE MAJEURE
WineDay and its Hosts will not be liable for any delay, failure, or interruption in performance of obligations under these Terms which result from acts or occurrences beyond our reasonable control, including but not limited to, acts of God, fires, floods, earthquakes, explosions, strikes, labor disputes, war, terrorism, pandemics, governmental restrictions, orders or requirements, or any other cause beyond our reasonable control (“Force Majeure Event”). Performance will be excused for the period of any such Force Majeure Event.
In the event of a Force Majeure Event that renders it impracticable, illegal, or impossible to perform any Experience or obligation, WineDay will provide affected users with as much advance notice as reasonably possible and may, at its sole discretion, offer refunds, credits, or reschedules in accordance with prevailing policies. No further liability will attach for such failure or delay in performance.
17. MODIFICATIONS TO SERVICE AND TERMS
WineDay reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may also revise these Terms of Service from time to time at our sole discretion. The latest version will always be posted on our website, and the "last updated" date will change accordingly.
When we make material changes to these Terms, we will notify users by email or through prominent notice within the Service. Continued use of the Service after such revisions constitutes your acceptance and agreement to the amended Terms. If you do not agree to the new Terms, you must discontinue use of the Service.
18. TERMINATION
We reserve the right, at our sole discretion, to terminate, suspend, or restrict your access and use of the Service, in whole or in part, at any time and for any reason, including but not limited to any breach of these Terms or any applicable law, or if we believe your conduct may harm WineDay, our users, Hosts, or third parties.
Upon termination, all rights granted to you under these Terms will immediately cease, and you must promptly discontinue all use of the Service. Any outstanding obligations, including but not limited to compensation, refunds, indemnities, and limitations of liability, will survive such termination. We will not be liable to you or to any third party for any consequences or damages resulting from termination or suspension of your account.
19. GOVERNING LAW AND VENUE
These Terms of Service and your use of the Service will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
You agree that any dispute arising out of or relating to these Terms or the Service that is not subject to arbitration (see below) will be subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. You hereby submit to the personal jurisdiction and venue of such courts.
20. DISPUTE RESOLUTION & ARBITRATION
Before filing any claim or dispute, you must first contact WineDay in writing and allow 30 days for informal resolution. If unresolved, any dispute, claim, or controversy arising out of your use of the Service or these Terms will be resolved exclusively by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in New Castle County, Delaware, or virtually if mutually agreed.
Waiver of Class Actions:
You and WineDay agree that any dispute resolution proceeding, whether through arbitration or court, will be conducted solely on an individual basis and not as a class, consolidated, or representative action. You expressly waive any right to participate in or seek relief from any class action or representative proceeding.
WineDay may seek injunctive or equitable relief in any court for immediate or irreparable harm.
21. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms and the remaining provisions will remain in full force and effect.
22. ENTIRE AGREEMENT & WAIVER
These Terms of Service, together with our Privacy Policy and any referenced supplemental documents, are the entire and exclusive agreement between you and WineDay regarding the Service, superseding all prior or contemporaneous agreements, understandings, or communications. In case of any conflict between these Terms and other communications, these Terms will control.
The following provisions survive termination: indemnification, limitation of liability, assumption of risk, dispute resolution, assignment, intellectual property, integration, waivers, and any other sections by their nature intended to survive.
23. ASSIGNMENT
WineDay may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice or your consent, including in connection with a merger, acquisition, asset sale, or by operation of law. You may not assign or transfer any rights or obligations under these Terms without WineDay’s prior written consent. Any attempted assignment by you in violation of this provision will be null and void.
24. CONTACT INFORMATION; ACCESSIBILITY/ADA STATEMENT
Questions or formal notices for WineDay or for Hosts using WineDay’s platform must be submitted by email to legal@itswineday.com. WineDay does not maintain a public office or mailing address. All official communications and requests regarding events, hosting, or accessibility must be by email.
WineDay strives to make the Service accessible to all, including Hosts and guests with disabilities. Requests for reasonable accommodations should be sent to legal@itswineday.com.