PairMe PairMe

Terms and conditions

Effective date October 9, 2026

Read the plain-language summary of these Terms

Find Better Food, Inc., doing business as PairMe (the “Company,” “we,” “us,” or “our”), operates the PairMe mobile application (the “App”). These Terms and Conditions (“Terms”) apply to your use of the App. By downloading, installing, accessing, or using the App, visiting our website, including but not limited to pairme.wine, interacting with us on social media or other online services, and/or submitting anything to us through the App, our website, or other services operated by us or on our behalf, you agree to read, comply with, and be legally bound by: (1) these Terms; and (2) any additional terms, conditions, agreements, and policies published in the App or otherwise applicable to your use of the App (the “Rules”). These Terms and the Rules are collectively referred to as the “Agreements.” If you do not agree, you may not use the App.

REVIEW THESE TERMS CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION OF THESE TERMS BEFORE YOU USE THE APP.

1. ACCEPTANCE AND APPLICABILITY OF AGREEMENTS

1.1 Acceptance of Agreements. By using the App and/or acknowledging that you have read and agree to any or all of the Agreements, you agree to comply with the applicable Agreements. If you fail to comply with any of the applicable Agreements, we may terminate your ability to use the App. Without limiting the foregoing, the App recommends wine and is intended for use only by individuals who have reached the legal drinking age in their jurisdiction of residence, which is twenty-one (21) years of age or older in the United States (or the applicable legal drinking age or age of majority, if higher, in your jurisdiction of residence). By accessing the App, you represent to us that: (1) you have reached the legal drinking age applicable in your jurisdiction of residence; (2) you are legally able to enter into contracts; and (3) you are not a person barred from receiving or using the App under federal, state, local, or other laws.

1.2 Changes to Terms. We may update or modify these Terms from time to time without providing notice to you by posting a revised version of these Terms on pairme.wine. You can review the most current version of these Terms at any time by clicking the “Terms and Conditions” link on www.pairme.wine/terms-full. By using the App after any modification of these Terms, you agree to be bound by such modifications.

1.3 Our Rights. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without any liability to you or any third party:

  1. change or terminate all or any part of the App;
  2. restrict or terminate your access to all or any part of the App;
  3. refuse, move or remove any content that is available on the App; or
  4. deny access to the App to anyone at any time in our sole and absolute discretion.

1.4 Conflicts. In the event of any conflict between these Terms and any other Agreement, these Terms shall control; provided, however, that this Section shall not apply to any separate written agreement between the Company and a wine, beverage, or hospitality broker or representative governing that party's brokerage or referral relationship with the Company, which agreement shall control as to the subject matter addressed therein.

2. USE OF THE APP

2.1 Acceptable Use. Your use of the App must comply with the following (“Acceptable Use Restrictions”):

  1. You are only allowed to use the App for its intended purposes, as determined by us in our sole discretion.
  2. Without limitation, you are not allowed to use the App to:
    1. publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information, or engage in criminal behavior, or cause others to engage in any of the aforementioned conduct;
    2. violate any laws;
    3. transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature; or
    4. engage in commercial activity except as authorized under the applicable Agreements.
  3. You are also prohibited from:
    1. reformatting or framing any portion of the App;
    2. using any device, software or procedure that interferes with, or attempts to interfere with, the normal operation of the App;
    3. taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our information technology infrastructure;
    4. modifying, adapting, translating or reverse engineering any portion of the App;
    5. disrupting or otherwise interfering with the App or the networks or servers we use;
    6. impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity;
    7. collecting or storing, or attempting to collect or store, personal information about other users of the App for any purpose other than engaging in transactions facilitated through the normal use of the App; or
    8. engaging in any activity that is illegal under federal, state, local or other laws.

2.2 Access to the App. Access to the App requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet and any telephone, wireless or other connection and service fees associated with such access. Using the App may allow you to receive Content on your mobile phone or wireless device. The manner in which Content is delivered to your phone or device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.

3. THE PAIRME SERVICE

3.1 Recommendations Only; No Sale of Alcohol. PairMe is a wine and food pairing recommendation tool. Using photographs of menus and wine lists that you take, together with your taste preferences and ratings, PairMe generates personalized wine and food pairing recommendations for your review. PairMe does not sell alcoholic beverages or any other product, does not process payments, and does not complete or fulfill any purchase on your behalf. Any purchase of wine, food, or any other product you make is a transaction solely between you and the applicable restaurant, retailer, or other third party, made independently of the App. The Company does not process payment for any such purchase. When you tap Present, the App shares information about your table with the restaurant, as described in Section 6.5; sharing that information is not a payment and does not place or complete a purchase. From time to time, a brand, distributor, or broker may pay the Company to have a wine or product given greater prominence in a recommendation; any such paid placement will be identified as such in the App at the point the recommendation is presented.

3.2 Recommendations Are Not a Guarantee. Recommendations generated by PairMe are provided for informational and entertainment purposes only and are based on the information you provide and the accuracy of the Menu Photos you submit. We do not guarantee the availability, price, vintage, or accuracy of any wine, food item, or other product referenced in a recommendation, and we do not warrant that any recommended item is actually offered by the establishment identified in your Menu Photo at the time you view the recommendation.

3.3 Not Medical or Allergy Advice. PairMe does not collect or take into account any information about your allergies or dietary restrictions. A PairMe recommendation is not a substitute for your own judgment or for consultation with restaurant staff, and it is not medical, dietary, or allergy advice. You are solely responsible for verifying the ingredients and preparation of any food or beverage with restaurant staff before consuming it, particularly if you have a food allergy or dietary restriction. The Company is not responsible for any adverse reaction resulting from your reliance on a PairMe recommendation.

3.4 Legal Drinking Age Required. PairMe recommends wine as part of its recommendation service. Use of the App, including its wine recommendation features, is intended only for individuals who have reached the legal drinking age in their jurisdiction of residence. See Section 1.1.

4. OWNERSHIP OF THE APP AND CONTENT

4.1 Ownership. All right, title and interest in and to the App, including, but not limited to, all of the software and code that comprise and operate the App (collectively, the “Software”), and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the App (collectively, the “Content”) are owned by us or by third parties who have licensed their Content to us. The App is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the App is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content.

4.2 Limited License. Subject to your acceptance of, and compliance with, the Agreements, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the App in a manner that is consistent with the Agreements and the App’s intended purpose(s). You obtain no rights to the App except to use it in accordance with the Agreements. Without limiting the generality of the foregoing, you shall not: (1) use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of the App or in any way reproduce or circumvent the navigational structure or presentation of the App, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through the App and we reserve the right to take measures to prevent any such activity; (2) reproduce, copy, duplicate, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works of the App (in whole or in part); (3) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the App (in whole or in part); (4) make the App (in whole or in part) available to any third party through a computer network or otherwise, including, but not limited to, distributing or making use of the App (in whole or in part) over a network where it could be used by multiple devices at the same time; (5) export the App (in whole or in part) to any country outside the United States (whether by physical or electronic means); (6) use the App (in whole or in part) in a manner prohibited by applicable laws, regulations and/or the Agreements; or (7) use the App in violation of the Acceptable Use Restrictions (collectively, the “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activity. You shall notify us immediately upon becoming aware of the commission by any person of any Prohibited Activity and shall provide us with reasonable assistance with any investigations we may conduct in light of the information provided by you in this respect.

4.3 Our Marks. The PairMe names and logos (including, but not limited to, those of our affiliates), all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing within the App, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of PairMe (collectively, “Our Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress (collectively, “Marks”) mentioned, displayed, cited or otherwise indicated within the App are the property of their respective owners. You are not authorized to display Our Marks in any manner without our prior written permission. You are not authorized to display or use the Marks of any third party that appear within the App without the prior written permission of the applicable third party.

5. ACCOUNTS

5.1 Registration. You may be required to open an account or register with PairMe in order to use some of the features in the App. You create an account only by signing in with your Apple or Google account; PairMe does not use or store passwords. When registering for an account, you must provide true, accurate, current and complete information about yourself as may be prompted by any registration form. If any information you previously provided to us changes, you must promptly update the relevant information.

5.2 Account Security and Responsibility. You are responsible for maintaining the confidentiality of your Apple or Google sign-in credentials and account and are fully responsible for all activities that occur under your account. You agree to: (1) notify PairMe immediately of any unauthorized use of your sign-in credentials or account or any breach of security; and (2) ensure that you fully exit from your account at the end of each session. You must set up your account in your own name. You further agree not to sign in to the App using anyone else’s Apple or Google account. PairMe will not be liable for any loss or damage arising from your failure to comply with this provision or any of the Agreement. If PairMe suspends or terminates your account, you acknowledge that all information and content associated with such account will no longer be available to you.

5.3 Additional Information Sharing. If you open an account, you understand that PairMe will collect and maintain information related to your use of the App. PairMe associates this information with your account, whether or not it is displayed to you, in order to operate the App and conduct our business operations.

5.4 Our Termination or Suspension of Your Account. Without limiting any other rights we have under the Agreements, in the event we determine, in our sole discretion, that your account information may be compromised due to your personal device being infected with a virus, malware, other malicious code or due to other theft of your account information, we reserve the right to invalidate, delete or otherwise modify your account in order to protect your account, the accounts of other users and our systems from further damage or exposure. If we need to do this, we will make reasonable efforts to inform you of any modifications made via the email address listed on your account or other viable means of communication.

5.5 Cancellation. If you have an account, you may delete your account and the Personal Information associated with it at any time from within the App (Profile > Settings > Delete account), consistent with our Privacy Policy. Deletion is immediate. A restaurant’s record of what was presented to a table is retained by the restaurant and is no longer linked to you, as described in our Privacy Policy. You may also close your account at any time by contacting us at info@pairme.wine and following the instructions we provide. If you cancel your account, these Terms shall be terminated and your license to access and use the App shall immediately terminate and you must discontinue all use of the App. Please note, canceling your account will not relieve you of any liabilities or obligations arising from your activity on the App prior to cancellation.

6. YOUR CONTENT, STATEMENTS AND PERSONAL INFORMATION

6.1 User Content. The App may provide you with the ability to add, create, upload, submit, distribute, post or share content on or through the App, including, but not limited to, website links, opinions, information, photos, profiles, videos and audio clips (collectively, “User Content”). By providing any User Content on the App, you expressly grant, and represent and warrant that you have the right to grant, us a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of, and sublicense your User Content in any manner or through any media now known or later developed without any payment obligation to you. Without limiting the foregoing, any User Content you provide on the App may be viewable by any other users of the App (whether registered or unregistered). Further, you understand and agree that we have the right, but not the duty, to pre-screen, edit, refuse, move or remove any User Content posted to the App.

6.2 Abusive and Offensive Language. Abusive or offensive language will not be tolerated on the App, social media sites or with our personnel. You are not entitled to make untrue, malicious and/or damaging comments with regard to our operations in any media or forum.

6.3 Personal Data. By using the App, you are consenting to our collection, use, disclosure, transfer and sharing of your personal information, including, but not limited to, sharing such information with companies other than PairMe as described in our Privacy Policy (available at www.pairme.wine/privacy-full). Our Privacy Policy may be updated from time to time, so please review it regularly. If you do not accept the terms of our Privacy Policy, please discontinue use of the applicable portions of the App.

6.4 Feedback. By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Feedback”) to us in any way, you acknowledge and agree that: (1) your Feedback does not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (3) we shall be entitled to disclose (or choose not to disclose) such Feedback for any purpose and in any way; (4) we may have something similar to the Feedback already under consideration or in development; (5) your Feedback, unless subject to a patent, automatically becomes our property without any obligation to you; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

6.5 Menu Photos. The license granted in Section 6.1 includes photographs of menus and wine lists that you take and submit through the App (“Menu Photos”). We use Menu Photos solely to generate recommendations for you. We do not publish Menu Photos, do not share them with the restaurant or any other establishment identified in the photo, and do not make them viewable by any other user of the App. Menu Photos are governed by the confidentiality and deletion provisions of our Privacy Policy. When you tap Present, the restaurant receives a record of your table, which does not include your Menu Photos, as described in our Privacy Policy.

7. TERMINATION

7.1 Right to Terminate. In addition to, and not in lieu of, any of our other rights set forth in these Terms, we reserve the right, with or without notice and in our sole discretion, to terminate these Terms, your account and/or your ability to access the App for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms, or in the case of any activity by you that may harm PairMe or other users, including, but not limited to, fraud, abuse of promotions or privileges or misuse of the App. You agree that we will not be liable to you or any third party for any such termination.

7.2 Effects of Termination. If we exercise our termination rights available under these Agreements, your license to access and use the App shall immediately terminate and you must discontinue all use of the App affected by such termination.

7.3 Fraudulent Activity. If we suspect that you are engaging in any fraudulent, abusive or illegal activity, we may refer such matter to appropriate law enforcement authorities.

7.4 Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.

8. USER AND THIRD-PARTY CONTENT

8.1 User Content. Reliance on User Content is at your own risk. We do not participate in any way in the development of any User Content. You acknowledge and agree that we and other third parties are not responsible or liable for, nor do we endorse, any User Content that appears on the App.

8.2 Links to Third-Party Websites. The App may include links to other websites or services solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and that we do not endorse and are not responsible or liable for any such linked sites or other information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Your access to and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

9. YOUR LIABILITY

9.1 AGREEMENT TO INDEMNIFY. YOU AGREE THAT YOU WILL ONLY USE THE APP IN ACCORDANCE WITH THE APPLICABLE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) WHICH WE (OR ANY OF OUR SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND OTHER PARTNERS (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE APP, YOUR CONNECTION TO THE APP, YOUR VIOLATION OF ANY OF THE AGREEMENTS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.

9.2 Additional Remedies. The Released Parties reserve the right to seek all remedies available at law and in equity for violations of the applicable Agreements, including the right to block access from a particular Internet address to the App or report misuses to law enforcement.

10. DISCLAIMERS

10.1 Disclaimer of all Warranties

  1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE APP (INCLUDING, BUT NOT LIMITED TO, ANY SOFTWARE COMPRISING ANY PORTION OF THE APP), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE APP WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS OR OTHER HARMFUL SOFTWARE OR HARDWARE.
  2. YOU HEREBY ACKNOWLEDGE THAT THE APP MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE APP AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE APP CAUSED BY SUCH FACTORS.
  3. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA, INCLUDING WITHOUT LIMITATION, ANY USER CONTENT.
  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.

10.2 USE OF APP AT YOUR SOLE RISK. YOUR ACCESS TO THE APP, DOWNLOAD OF ANY SOFTWARE RELATING TO THE APP AND USE OF ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE APP IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE APP, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE APP BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

10.3 NO CREATION OF WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES THROUGH OR FROM THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10.4 THIRD-PARTY STATEMENTS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED PAIRME SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF PAIRME.

11. LIMITATION OF LIABILITY

11.1 MAXIMUM LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE APP SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

11.2 NO LIABILITY FOR INCIDENTAL DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APP.

11.3 APPLICABILITY OF LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11.4 NOTICE TO CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

12. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

12.1 BINDING ARBITRATION AND CLASS ACTION WAIVER. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND PAIRME AGREE THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENTS, YOUR USE OF THE APP, OR YOUR RELATIONSHIP WITH PAIRME SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN COURT. THIS AGREEMENT TO ARBITRATE APPLIES TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY.

12.2 ARBITRATION PROCEDURES. ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND, IF APPLICABLE, THE AAA’S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR AND WILL TAKE PLACE IN DENVER, COLORADO, UNLESS THE PARTIES AGREE OTHERWISE IN WRITING. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

12.3 INDIVIDUAL PROCEEDINGS ONLY. YOU AND PAIRME AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

12.4 COSTS OF ARBITRATION. THE AAA’S RULES WILL GOVERN THE PAYMENT OF ALL FILING, ADMINISTRATIVE, AND ARBITRATOR FEES. EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS, UNLESS THE ARBITRATOR AWARDS OTHERWISE UNDER APPLICABLE LAW.

12.5 OPT-OUT RIGHT. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING A WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO info@pairme.wine WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR OPT-OUT NOTICE MUST INCLUDE YOUR FULL NAME, EMAIL ADDRESS, AND A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF ARBITRATION.

12.6 SEVERABILITY. IF ANY PART OF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE, THE REMAINDER SHALL REMAIN IN EFFECT, EXCEPT THAT IF THE PROHIBITION ON CLASS OR REPRESENTATIVE ACTIONS IS FOUND TO BE UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

13.1 Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any user submission or other content on the App infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.2 Address for Notices. DMCA claims may be sent to the following addresses:

By email to: info@pairme.wine

By mail to: Find Better Food, Inc.

Attention: David Moosman, CEO

8776 W. 86th Dr.

Arvada, CO 80005

NOTE: YOU ACKNOWLEDGE AND AGREE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION 13, YOUR DMCA CLAIM MAY NOT BE VALID.

14. SPECIAL TERMS FOR PAIRME APP DISTRIBUTED THROUGH THE APPLE APP STORE AND GOOGLE PLAY

14.1 Acknowledgement. The PairMe App is available through the Apple App Store (“PairMe App Apple Version”). You and PairMe each acknowledge that these Terms and any other terms and conditions imposed by PairMe with respect to the PairMe App Apple Version and any other agreements entered into between you and PairMe in connection with the PairMe App Apple Version (collectively, the “PairMe App Apple Agreements”) are between you and PairMe only, and not with Apple, and that PairMe, not Apple, is solely responsible for the PairMe App Apple Version and the content thereof. In the event the PairMe App Apple Agreements provide usage rules for the PairMe App Apple Version that are in conflict with the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions shall control with respect to the PairMe App Apple Version.

14.2 Scope of License. In addition to the other terms set forth in the PairMe App Apple Agreements, the license granted to You for the PairMe App Apple Version is solely for use by you on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

14.3 Maintenance and Support. PairMe is solely responsible for providing any maintenance and support services with respect to the PairMe App Apple Version, as specified in the PairMe App Apple Agreements or as required under applicable law. You and PairMe each acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the PairMe App Apple Version.

14.4 Warranty. PairMe is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the PairMe App Apple Agreements. In the event of any failure of the PairMe App Apple Version to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the PairMe App Apple Version (if any) to you. Further, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the PairMe App Apple Version, and, subject to the limitations of liability set forth in the PairMe App Apple Agreements, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform with any warranty will be PairMe’s sole responsibility.

14.5 Product Claims. You and PairMe each acknowledge that PairMe, not Apple, is responsible for addressing any claims that you or any third party have relating to the PairMe App Apple Version or your possession and/or use of the PairMe App Apple Version, including, but not limited to: (1) product liability claims; (2) any claim that the PairMe App Apple Version fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.

14.6 Intellectual Property Rights. You and PairMe each acknowledge that, in the event of any third-party claim that the PairMe App Apple Version or your possession and use of the PairMe App Apple Version infringes that third party’s intellectual property rights, subject to the limitations of liability and indemnification obligations set forth in the PairMe App Apple Agreements, PairMe, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

14.7 Third-Party Terms. You must comply with applicable third-party terms when using the PairMe App Apple Version.

14.8 Third-Party Beneficiary. You and PairMe each acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries to these Terms as applicable to the PairMe App Apple Version, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.

14.9 Google Play Distribution. The PairMe App is also available through the Google Play store (the “PairMe App Android Version”). You and PairMe each acknowledge that these Terms and any other agreements entered into between you and PairMe in connection with the PairMe App Android Version (collectively, the “PairMe App Google Agreements”) are between you and PairMe only, and not with Google, and that PairMe, not Google, is solely responsible for the PairMe App Android Version and the content thereof. Your use of the PairMe App Android Version is also subject to the Google Play Terms of Service, and in the event of any conflict between the PairMe App Google Agreements and the Google Play Terms of Service, the Google Play Terms of Service shall control with respect to the PairMe App Android Version. Google has no obligation to furnish any maintenance or support services with respect to the PairMe App Android Version, and PairMe, not Google, is solely responsible for any product warranties and for addressing any claims relating to the PairMe App Android Version, including product liability claims, any claim that the PairMe App Android Version fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy or similar legislation, and any third-party claim that the PairMe App Android Version infringes that third party’s intellectual property rights.

14.10 Legal Compliance. You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

14.11 Developer Name and Address. Questions, complaints or claims with respect to the PairMe App Apple Version or the PairMe App Android Version may be directed to Find Better Food, Inc., 8776 W. 86th Dr., Arvada, CO 80005, info@pairme.wine.

15. ADDITIONAL TERMS

15.1 Governing Law. These Terms will be governed by the laws of the State of Colorado, without giving effect to any principles of conflicts of laws.

15.2 Application of Terms. These Terms govern the App only and do not apply to any other products or services operated by the Company.

15.3 Severability. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Agreements shall continue in effect.

15.4 Waivers. Our failure to enforce any provision of the Agreements shall not be deemed a waiver of such provision nor of the right to enforce such provisions.

15.5 Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15.6 Assignment. We reserve the right to transfer, assign, sublicense or pledge any or all of the Agreements, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under the Agreement.

15.7 Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.

15.8 Support. If you have any questions or concerns about the App or these Terms, please email us at info@pairme.wine

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