TERMS OF USE — AMEDEE OAK MOBILE APPLICATION
1065 Ross Circle, Napa, CA 94558, USA
SASU registered with French RCS Nanterre under no. 791 077 829 — Share capital €421,360
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PREAMBLE
These Terms of Use ("Terms") govern your use of the AMEDEE OAK mobile application (the "App"), published by AMEDEE, a French simplified joint-stock company with sole shareholder (SASU) with share capital of €421,360, registered office at 1065 Ross Circle, Napa, CA 94558, USA, registered with the Nanterre Trade and Companies Register under number 791 077 829 ("Publisher", "we", "our", or "us").
The App is a free oenological calculation tool designed for wine professionals (winemakers, sommeliers, restaurateurs, viticulturists). It provides three tools: Decisions & Dosage (oak chip dosage estimator), Tank Aging (SO2 parameters, EU regulatory limits), Barrel Aging (parc audit, sensory profiles, regeneration).
By downloading, installing, or using the App, you agree to these Terms. If you do not agree, please uninstall the App immediately.
SECTION 1 : DEFINITIONS
1.1 "App" : AMEDEE OAK mobile application distributed via Apple App Store and, later, Google Play Store.
1.2 "User" ("you") : any individual or legal entity who downloads and installs the App.
1.3 "Publisher" ("we") : AMEDEE.
1.4 "Content" : all texts, calculations, recommendations, illustrations, trademarks, and logos accessible via the App.
1.5 "Data" : information entered by you in the App.
SECTION 2 : ACCEPTANCE OF TERMS
By using the App, you represent that you are at least 18 years old (the App is rated 17+ on the App Store due to alcohol-related content), you have the legal capacity to enter into binding agreements, and you will use the App in accordance with these Terms and all applicable U.S. federal, state, and local laws.
SECTION 3 : LICENSE GRANT
3.1 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the App on Apple-branded devices that you own or control, in accordance with the Apple App Store Terms of Service (Licensed Application End User License Agreement, "EULA").
3.2 This license does NOT permit you to reproduce, modify, distribute, or commercially exploit the App or its content; reverse engineer, decompile, disassemble, or attempt to derive source code; remove or alter any proprietary notices; extract, copy, or republish the proprietary scientific database or calculation models; create derivative works; or use the App to develop a competing product.
SECTION 4 : APP FUNCTIONALITY AND LIMITATIONS
4.1 The calculations and recommendations provided by the App are indicative estimates only. They are based on publicly available scientific models (OIV, ISVV Bordeaux, INRA sources) and AMEDEE's proprietary expertise. THEY DO NOT REPLACE PROFESSIONAL OENOLOGICAL ANALYSIS performed by a qualified expert on actual wine samples. For any decision affecting the quality or commercialization of wine, we strongly recommend conducting preliminary tests and consulting a certified enologist.
4.2 The App functions entirely offline after initial download. All user-entered data (calculation history, preferences) is stored locally on your device only.
4.3 The App contains links to our e-commerce websites: Europe (www.amedee-oak.fr/shop) and North America (amedee.us/shop). These websites are governed by their own terms and privacy policies.
4.4 We make commercially reasonable efforts to maintain App availability but do not guarantee uninterrupted service.
SECTION 5 : INTELLECTUAL PROPERTY
5.1 AMEDEE® and the AMEDEE OAK logo are registered trademarks of AMEDEE. Unauthorized use constitutes trademark infringement under the U.S. Lanham Act (15 U.S.C. § 1051 et seq.) and other applicable laws.
5.2 All App content (texts, illustrations, calculation models, proprietary scientific database, ergonomics, code) is protected by U.S. copyright law (17 U.S.C. § 101 et seq.) and international copyright treaties. © 2026 AMEDEE. All rights reserved.
5.3 DMCA Notice : if you believe content in the App infringes your copyright, please send a DMCA takedown notice to info@amedee-oak.fr. Include : identification of the copyrighted work, location of infringing material, your contact information, a statement of good faith belief, a statement under penalty of perjury, and your physical or electronic signature.
SECTION 6 : PRIVACY
The App does not collect, store, or transmit any personal information to the Publisher or third parties. All user data remains stored locally on the device. For full details, see our Privacy Policy at amedee.us/privacy-policy (CCPA-compliant for California residents, applicable to all U.S. users).
SECTION 7 : DISCLAIMER OF WARRANTIES
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA.
WE DO NOT WARRANT THAT the App will meet your specific requirements; the App will be uninterrupted, timely, secure, or error-free; calculations and recommendations will be accurate or reliable for your specific wine production context; any errors in the App will be corrected.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In such cases, our warranties are limited to the maximum extent permitted by applicable state law.
SECTION 8 : LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PUBLISHER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, revenue, or business opportunities; loss of wine quality or commercial value; cost of substitute services; damage to reputation or goodwill; loss of data.
OUR TOTAL CUMULATIVE LIABILITY for any claim arising from your use of the App shall not exceed fifty U.S. dollars ($50) or the amount you paid for the App in the past twelve (12) months, whichever is greater. Since the App is free, this amount is effectively limited to fifty dollars.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU to the extent prohibited by applicable state law.
SECTION 9 : INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Publisher, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use or misuse of the App, your violation of these Terms, your violation of any third-party rights, or decisions you make in your wine production process based on App output.
SECTION 10 : APPLE-SPECIFIC TERMS
This Section 10 applies only to App downloaded via the Apple App Store. It supplements but does not replace the Apple Licensed Application End User License Agreement (Apple EULA) : https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.
10.1 Acknowledgment : you acknowledge that these Terms are between you and the Publisher, and not with Apple Inc. The Publisher (not Apple) is solely responsible for the App and its content.
10.2 Scope of License : limited to use on Apple-branded products you own or control as permitted by the Apple Usage Rules.
10.3 Maintenance and Support : the Publisher (not Apple) is responsible for any App-related maintenance and support services.
10.4 Warranty : the Publisher is solely responsible for any product warranties. In the event of failure to conform to applicable warranty, you may notify Apple, who will refund the purchase price (if any). Beyond refund, Apple has no warranty obligation.
10.5 Product Claims : the Publisher (not Apple) is responsible for addressing claims relating to the App or your use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar laws.
10.6 Intellectual Property Rights : in the event a third party claims that the App infringes their intellectual property rights, the Publisher (not Apple) is solely responsible for investigation, defense, settlement, and discharge of such claim.
10.7 Legal Compliance : you represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting"; and you are not listed on any U.S. Government list of prohibited or restricted parties.
10.8 Third-Party Beneficiary : you acknowledge that Apple Inc. and Apple's subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.
SECTION 11 : TERMINATION
You may stop using the App at any time by uninstalling it from your device. We may terminate or suspend your access to the App immediately, without prior notice, if you breach these Terms or engage in conduct harmful to the App, other users, or the Publisher.
SECTION 12 : GOVERNING LAW AND DISPUTE RESOLUTION
12.1 These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles, except that consumer protection laws of your state of residence may also apply.
12.2 Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at info@amedee-oak.fr. We will attempt to resolve disputes informally within 60 days.
12.3 ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL BE RESOLVED BY BINDING ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that you may bring claims in small claims court if eligible. Arbitration shall take place in Wilmington, Delaware, or, at your option, in your county of residence within the United States.
12.4 YOU AGREE THAT DISPUTES SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, and not as a plaintiff or class member in any purported class, collective, or representative action.
12.5 You may opt out of the arbitration agreement and class action waiver by sending written notice to info@amedee-oak.fr within 30 days of first using the App. Your notice must include your full name and a clear statement of your decision to opt out.
12.6 Notwithstanding the above, either party may bring an action in court for injunctive relief regarding intellectual property infringement.
SECTION 13 : CALIFORNIA RESIDENTS
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA). See our Privacy Policy at amedee.us/privacy-policy for details.
Pursuant to California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or 1-800-952-5210.
SECTION 14 : EXPORT CONTROLS
The App may be subject to U.S. export laws and regulations, including the Export Administration Regulations (EAR). You agree to comply with all applicable export and re-export restrictions.
SECTION 15 : MISCELLANEOUS
15.1 Entire Agreement : these Terms (together with the Privacy Policy and Apple EULA) constitute the entire agreement between you and the Publisher.
15.2 Severability : if any provision is found unenforceable, the remaining provisions shall remain in full force.
15.3 No Waiver : failure to enforce any right or provision shall not constitute a waiver of that right or provision.
15.4 Assignment : you may not assign these Terms. We may assign these Terms without restriction.
15.5 Notices : notices to the Publisher shall be sent to info@amedee-oak.fr. Notices to you may be sent via in-App notification.
15.6 Modifications : we may modify these Terms at any time. The most current version is available at amedee.us/terms-of-use.
15.7 Language : these Terms are written in English. Any translation is for convenience only; the English version prevails.
CONTACT
Email : info@amedee-oak.fr
Mail : AMEDEE — 1065 Ross Circle, Napa, CA 94558, USA
Version V0.01.000 — Effective from App Store publication date