PREAMBLE

The mobile application Vinotag (“VINOTAG”) is a digital wine cellar management service provided remotely by FRIO ENTREPRISE, a simplified joint-stock company with share capital of €753,264.60, whose registered office is located at ZI SUD, 143 Boulevard Pierre Lefaucheux, 72230 Arnage (France), registered with the Le Mans Trade and Companies Register under number 524 177 508, intra-community VAT number FR61524177508, reachable at +33 2 43 21 69 80 and at info.vinotag@groupefrio.com (“FRIO”).

VINOTAG is primarily intended for adult consumers, within the meaning of the French Consumer Code, who own certain models of wine cellars marketed by FRIO (the “Users”).

In this respect, the protective provisions of the Consumer Code fully apply only to consumer users; professional users remain subject to these Terms and Conditions but do not benefit from all consumer-specific rights.

The Application notably allows users to:

• create and manage a wine cellar inventory (storage layouts, bottle records);
• use a wine label recognition module based on a partnership with Vivino: the user takes a photo of the label, the image is transmitted to Vivino and VINOTAG displays the oenological information returned by Vivino;
• access, optionally, a generative AI service (based on Gemini technology) providing advice on wines, cellar management, wine storage and food and wine pairings.

Access to all these services is exclusively via a mobile application downloadable from the App Store and Google Play, with contracts concluded remotely between FRIO and the Users.

1. PURPOSE

The Terms and Conditions aim to:

• define the rights and obligations of FRIO and the user when using VINOTAG, purchasing Vivino scan packs, and subscribing to the AI service;
• inform the user of their consumer rights: pre-contractual information, right of withdrawal, legal guarantees, mediation, and liability.

All information relating to the processing of personal data is set out in the personal data protection policy, which forms an integral part of these Terms and Conditions.

2. SCOPE OF APPLICATION

2.1 Application of the Terms

These general terms and conditions of sale and use (the “Terms”) apply to contracts concluded remotely between FRIO and any User and define the rights and obligations of the parties in relation to the provision of digital services and content via VINOTAG, within the meaning of Articles L. 224-25-1 et seq. of the French Consumer Code.

2.2 Services concerned

The Terms apply to:

• free use of VINOTAG;
• purchase of Vivino Scan Packs;
• subscription to the optional AI Service.

2.3 Users

These Terms apply to individual users of legal age acting as consumers for personal and/or professional purposes.

2.4 Acceptance

Registration on VINOTAG and/or any purchase or subscription implies full acceptance of these Terms.

3. DESCRIPTION OF SERVICES

3.1 VINOTAG – Core Service

VINOTAG notably allows users to:

• create a user account linked to one or more eligible FRIO wine cellars;
• manage bottle inventory;
• consult wine information;
• use the application manually;
• receive storage recommendations;
• remotely control certain connected wine cellar features.

Compatibility / interoperability:

VINOTAG requires a compatible mobile device, an active internet connection, and updated software.

Some features may depend on connection quality, device performance, lighting, and image quality.

FRIO does not guarantee compatibility with modified devices (root/jailbreak), emulators, beta OS versions, or unsupported environments.

3.2 Vivino Module – Scan Packs

VINOTAG offers a wine label recognition module via Vivino.

Users receive a number of free scans depending on their cellar model and may purchase additional scan packs.

A scan is consumed when the request is sent, even in case of failure.

FRIO does not guarantee recognition or accuracy of Vivino data.

3.3 AI Service

VINOTAG offers an optional generative AI service (the “AI Service”) based on third-party technology (Gemini).

The AI Service provides informational assistance on wine selection, cellar management, storage, and pairings.

The AI Service:

• is probabilistic;
• may contain errors or outdated information;
• does not constitute professional advice.

The user remains solely responsible for how they use AI-generated content.

The AI Service must not be used for illegal purposes or regulated advice.

FRIO may apply usage limits to ensure service stability and security.

4. ACCESS CONDITIONS

4.1 Age requirements

VINOTAG is strictly reserved for users aged 18 or over.

Users must comply with applicable alcohol regulations and responsible consumption practices.

4.2 Account creation

Users must provide personal information (name, email, etc.) to create an account.

4.3 Security

Users are responsible for their login credentials.

4.4 Suspension

FRIO may suspend access in case of fraud, misuse, or security risk.

4.5 Termination

FRIO may terminate the contract in case of serious breach.

5. PRE-CONTRACTUAL INFORMATION

FRIO provides all legally required information prior to contract conclusion.

6. PRICING AND PAYMENT

Prices are displayed including taxes. Payments are processed via Apple Pay or Google Pay.

7. SERVICE DELIVERY

Services are provided immediately after subscription or purchase.

8. RIGHT OF WITHDRAWAL

Users have a 14-day withdrawal right unless waived for immediate digital service execution.

9. LEGAL GUARANTEES

Services benefit from legal guarantees of conformity and hidden defects.

10. LIABILITY

FRIO is liable for proper service delivery but not for indirect damages or third-party services.

11. MINOR PROTECTION

VINOTAG does not promote alcohol consumption.

12. PERSONAL DATA

Data processing is detailed in the privacy policy.

13. CUSTOMER SUPPORT

Support may include co-browsing with user consent.

14. INTELLECTUAL PROPERTY

VINOTAG content is protected by intellectual property law.

15. MEDIATION

Users may contact ANM for dispute resolution.

16. APPLICABLE LAW

These Terms are governed by French law.