Terms of use Cellarnova

This is a translation. In case of doubt or inconsistency, the Dutch version (Gebruiksvoorwaarden) prevails. These terms apply to everyone with an account on Cellarnova (cellarnova.com and the app on your device). By creating an account you agree to them. Do read them: they are short and written in plain language.

1. Who we are

Cellarnova is a service of Leopold1 bv, with registered office at Duinhoekstraat 44, 8660 De Panne, Belgium, company number 0463.126.795, VAT BE 0463.126.795, represented by its managing director Luc Desiere. You can reach us at hallo@cellarnova.com or via the "Help via WhatsApp" button in the app. Where "we" or "Cellarnova" appears below, we mean Leopold1 bv.

2. What Cellarnova is (and what it is not)

Cellarnova is a digital wine cellar: you register your bottles (wine, sake, spirits), photograph labels and, with the help of artificial intelligence (AI) and public sources, the app adds details: name, producer, vintage, an indication of the market price, scores, drinking window, the range of the estate and a taste profile. You can manage and filter your stock and share it as a PDF.

Cellarnova does not sell drinks, does not buy drinks and does not act as an intermediary in any purchase or sale. The app gives no valuation, no insurance value, no investment advice and no health advice. All information is purely for information purposes (see point 8).

3. Account and trial period

• You must be at least 18 to create an account; you confirm this at registration.
• You provide correct details (name, address, telephone, e-mail) and keep them up to date. You sign in with your e-mail address or your customer number, always with your password. Your password is personal, also when you sign in with your customer number; whatever happens with your account is your responsibility until you report misuse to us.
• Every new account gets a free trial period of 30 days with all functions, limited to 30 new bottles that you have looked up (point 5). After that a licence is needed to add bottles and look them up; after the end of the trial period your cellar stays visible for another 30 days (read-only, point 6).
• We may refuse, suspend or close an account in the event of misuse, fraud, circumvention of limits or use of the service for anything other than managing your own stock.

4. Licence, price and payment

• A licence runs per year, for one account. The price and the agreed number of lookups (point 5) are set with you at the start and confirmed by e-mail or invoice.
• Invoices are issued by Leopold1 bv. A licence starts or is renewed only once the amount is in the account of Leopold1 bv. Until then your account stays in the state it is in (trial, running licence or read-only).
• There is no tacit or automatic renewal and no direct debit: every renewal is a new, deliberate order from you.
• Prices are in euro, including VAT for private customers. A price change applies only to new periods and is communicated in advance.
• Right of withdrawal. As a consumer you have, in principle, 14 days to change your mind about an online order. Because a licence starts immediately after payment and the service is then fully available, with your payment you expressly request that the service begins immediately and you acknowledge that your right of withdrawal lapses as soon as the licence has been activated. If you are still in two minds, use the free trial period first.

4b. Reward for bringing in a member

• Every member has a personal invitation link, found in the app under Menu → Friends and sharing. Anyone who registers via that link remains linked to you as the person who brought them in.
• Registering and the trial period are free and earn nothing yet. Only when the person you brought in takes out a paid licence and the first payment has been received is your licence automatically extended by one month, following on from your current end date. If your licence has already expired at that moment, that month runs from that day.
• You receive one month per member brought in, and only once per member. There is no upper limit.
• These months have no monetary value: they are not paid out, not exchanged and cannot be transferred to anyone else.
• We may change or end this scheme for the future at any time. Months already granted are kept.

5. Lookups and numbers

• Looking things up with AI (reading the label, price, estate, taste profile) costs us money per bottle. That is why, at the start of your licence, we agree on a number of bottles that you can have looked up per period, matched to the size of your stock. You can see where you stand in the bar at the top of the main page and in the menu.
• Once the number has been reached, everything keeps working except the look-up for new bottles: the label is still read, but the price, the estate and the taste profile are no longer looked up. You can ask for an increase via hallo@cellarnova.com, either temporarily (for example for one month when setting up a large cellar) or permanently. An increase is charged in proportion to your agreement: the same price per bottle as in your current arrangement (rule of three).
• A lookup counts as soon as the app has had to look up information for a bottle (estate or taste profile), even if you do not save the bottle afterwards. A wine that is already in our shared memory, because you or another user had it looked up earlier, can be scanned without counting.
• Automatic, large-scale or automated querying of the service is not permitted.

6. Stopping, read-only and retention

• You can stop at any time: you simply do not renew. There is no notice period and no compensation. As soon as the paid period or the trial period ends, your account goes to read-only: your cellar stays visible for another 30 days, but you can no longer add, edit, count up or down, share, put in a PDF or look up bottles. After that your account becomes inactive: your cellar is no longer visible in the app, but your data is kept (see below) and is back straight away if you renew. You then have no further obligations towards us, nor we towards you, apart from what point 11 says about your data.
• A period that is running and already paid for is not refunded, not even in part.
• We never delete an account automatically: your data and photos are kept, even while your account is inactive, so you can always come back. Only the administrator can delete an account manually, at your request or after a warning by e-mail at least 30 days in advance. Make a backup beforehand via the menu if you want to keep your data.

7. Availability and maintenance

We do our best to keep Cellarnova available day and night, but we cannot guarantee uninterrupted operation. Maintenance, updates, failures at our suppliers (hosting, database, AI services, data sources) or internet problems may make the service temporarily unavailable. In the event of an interruption of more than 5 consecutive days through our fault, we extend your licence by the same length of time. Beyond that, an interruption gives no right to compensation.

8. Information from AI and public sources: no guarantee

• Market prices, scores, drinking windows, estate information and taste profiles are put together automatically by AI on the basis of public sources and data suppliers. They are indications and may be incomplete, out of date or wrong, including as regards the vintage and the bottle format. With every price we show what it is based on, with the date, and whether it is an estimate. A green dot next to the price means it comes from the international price database, a blue dot that it was looked up on the web; if you typed the price in yourself, there is no dot.
• The information is not a valuation, not an insurance or sale value, not investment, tax or legal advice and not health advice. For an official valuation (insurance, inheritance, sale), consult a recognised expert.
• You check the information yourself before you base anything on it, and you can adjust every field by hand. Decisions you take on the basis of the app (buying, selling, drinking, keeping, insuring) are your own decisions.
• Alcohol: please drink in moderation. The app does not encourage the use of alcohol and is not medical advice.

9. Liability

• We provide the service with care, but we enter into a best-efforts obligation, not an obligation of result: we promise to do our best, not a flawless outcome.
• We are not liable for indirect damage (such as lost profit, loss of opportunity, damage to reputation), for damage caused by decisions based on information from the app, for loss of data of which you did not make a backup yourself, or for damage caused by your own device, internet connection or the sharing of your password.
• To the extent permitted by law, our total liability per year is limited to the amount you paid for the licence in the last 12 months.
• These limitations do not apply in the event of intent or gross fault on our part, in the event of personal injury, or where mandatory consumer law prohibits them. Your statutory rights as a consumer continue to apply in full.

10. Your photos and data in the app

• Your photos and the data you enter remain yours. You give us permission to store them, to process them and to submit them to our AI service, solely in order to make the service work for you.
• You upload only photos and texts that you have the right to use, and nothing that is unlawful, offensive or someone else's property.
• General wine information that the app looks up (prices, estate descriptions, taste profiles) is kept anonymously in a shared memory, so that the next user with the same wine is helped more quickly. It never contains your name, your stock, your photos or your purchase prices.
• Friends and sharing: you may voluntarily choose a username and build a circle of friends; a friendship exists only once both sides confirm it. Other members can look you up by your username or by your name in order to send you a friend request; they then see only your name and username, and you decide for yourself whether you accept. There is no member list. If you share a bottle, your friend receives a copy of the fact sheet (name, vintage, photos, market price, estate, taste profile, drinking window and any message from you). Only the information about the wine is shared, with today's value. Your purchase price, your purchase date, where you bought the bottle, your quantities, the place in your cellar, your own reference and your notes remain private. That copy then belongs to your friend; what you change afterwards does not change their copy. To see whether someone from your contacts is already a member, the app compares their telephone number with the numbers of our members; of non-members we keep nothing, and you send the invitation message yourself via WhatsApp. Share only with people who appreciate it.

11. Privacy and personal data

• Which data: name, address, telephone number, e-mail address, possibly a photo of yourself and a logo, your stock with photos and prices, your sign-ins and your use of lookups; if you use the friends function, also your username, your circle of friends, who invited you and the bottles you shared or received.
• What for: to provide and invoice the service (performance of the agreement), to let you know about updates or important changes, and to prevent misuse. Never for third-party marketing and never passed on or sold to third parties.
• Processors who help us: a database and storage service, a hosting service, an e-mail service and an AI service that reads labels and looks up information; in addition, a data supplier for wine prices that receives only the name and vintage of a wine, never your identity. Some of these services process data outside the European Union under the statutory safeguards (standard contractual clauses).
• Retention: for as long as your account exists. We never delete automatically (point 6), so you can always come back. For an inactive account we use the data for nothing other than giving your cellar straight back when you renew. You can ask for your account to be deleted in full at any time via hallo@cellarnova.com; we carry that out within 30 days. Invoicing data we keep for as long as accounting law requires.
• Your rights: access, rectification, erasure, restriction, portability and objection. Most details you change yourself via Menu → My details, photo and other currencies; you make a backup of your stock via the menu. For the rest, e-mail hallo@cellarnova.com. You can lodge a complaint with the Belgian Data Protection Authority (gegevensbeschermingsautoriteit.be).
• To help you with a problem, the administrator can view your cellar in read-only. Each time, this is recorded in a log.

12. Intellectual property

The app, the name Cellarnova, the logo, the texts and the design are the property of Leopold1 bv. You receive a personal, non-transferable right of use for the duration of your trial period or licence. You may not copy, resell, rent out or reverse-engineer the app, and you may not systematically extract data from the app. Data from our data suppliers may be used only within the app.

13. Changes

We may adjust the app and these terms. In the event of a change to the terms, we will let you know in the app or by e-mail at least 30 days in advance; the new version applies from your next renewal. If you do not agree, you do not renew and your account goes to read-only after the current period (point 6). The version in force is always available in the app under Menu → Terms of use, with its version number and date.

14. Applicable law and disputes

These terms are governed by Belgian law. In the event of a dispute we will first look for a solution together; e-mail hallo@cellarnova.com. If that does not work, the courts of the judicial district of West Flanders have jurisdiction. As a consumer you can also turn to the court of your place of residence and to the Consumer Mediation Service (consumentenombudsdienst.be) or the European online dispute resolution platform (ec.europa.eu/odr). If any provision of these terms should be invalid, the other provisions remain in force.

15. Contact

Leopold1 bv · Cellarnova · Duinhoekstraat 44, 8660 De Panne · VAT BE 0463.126.795 · hallo@cellarnova.com · cellarnova.com