Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to any plan, or using any part of the LastCork platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms apply to all users including free (Freemium) members, paid subscribers, and anyone browsing thelastcork.com. Your continued use of the Service after any updates to these Terms constitutes your acceptance of the revised Terms.

These Terms should be read alongside our Privacy Policy, which is incorporated by reference.

2. Service Description

LastCork, operating as The Last Cork ("TLC," "we," "us," or "our"), provides a wine deal aggregation and alert platform. The Service includes:

• Deal monitoring: TLC continuously monitors third-party wine retail websites for flash sales, daily deals, and deep discounts
• Personalized alerts: push notifications, SMS, and email alerts when wines matching your preferences become available
• Deal feed: a real-time browsable feed of current and upcoming wine deals across all monitored sites
• Taste profiling: tools to record wine preferences, ratings, and purchase history to improve match quality over time
• Purchasing facilitation (Premium/VIP): an in-app browser and linked account system that allows you to complete purchases on partner wine sites without leaving the TLC app

3. Account Creation & Eligibility

To use TLC, you must:

• Be at least 21 years of age (or the minimum legal drinking age in your jurisdiction, whichever is higher)
• Provide accurate, current, and complete account information
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorized access to your account
• Not create more than one free account per person

You are responsible for all activity that occurs under your account. TLC is not liable for any loss resulting from someone else using your account with or without your knowledge.

We reserve the right to refuse registration or terminate accounts at our discretion, particularly where accounts are created to circumvent usage policies or subscription limits.

4. Subscription Tiers

TLC offers the following subscription plans:

Freemium (Free)

Access to the live wine deal feed across all monitored sites, basic push notifications, site redirects (opens the wine site in your browser), basic schedule view, and wine ratings and taste profiling. Free forever with no credit card required.

Basic ($9.99/month or $99.90/year)

Includes everything in Freemium plus full custom deal filters, cart-ready links (opens the wine site with bottle count pre-selected), daily schedules and alerts, push/SMS/email notifications, purchase recaps and history, and friend linking and sharing.

Premium ($19.99/month or $199.90/year)

Includes everything in Basic plus linked wine site accounts, one-tap in-app purchasing, auto-buy rules with budget controls, and priority support.

VIP ($29.99/month or $299.90/year)

Includes everything in Premium plus AI-powered wine recommendations, filter optimization, and early access features. VIP is unlocked based on your taste profile maturity — most active members qualify within 2-3 months of engagement.

Annual plans are billed as a single payment at the time of subscription. Prices are shown in US dollars and are subject to change with 30 days' notice to existing subscribers.

5. Billing & Payment

All subscription payments are processed by Authorize.net, a PCI-compliant payment processor. TLC does not store your full credit or debit card numbers.

• Subscriptions auto-renew at the end of each billing period (monthly or annual)
• You will receive a billing notification email before each renewal
• If a payment fails, we will retry and notify you. After multiple failed attempts, your account may be downgraded to Freemium
• Applicable taxes may be added based on your location
• You can update your payment method at any time in your account billing settings

6. Cancellation & Refunds

Cancellation

You may cancel your subscription at any time from your account settings or by contacting support@thelastcork.com. Cancellation takes effect at the end of your current billing period. You will retain access to your paid plan features until that date.

Refunds

Monthly subscriptions: we do not offer prorated refunds for partial months. If you cancel a monthly plan, you keep access through the end of the paid period — no refund is issued.

Annual subscriptions: if you cancel within 7 days of your annual renewal and have not made any purchases through the Service during that period, you may request a full refund for the renewed annual charge. Contact us at support@thelastcork.com within 7 days of renewal.

If TLC materially reduces the features of your subscribed plan, you may cancel within 30 days for a prorated refund of the unused portion.

7. Wine Purchasing — Important Notice

This section is critical to understand before using the one-tap purchasing and auto-buy features available on Premium and VIP plans.

How Purchasing Works

When you tap "Buy" in the TLC app (or an auto-buy rule triggers), TLC opens the wine retailer's website in a secure in-app browser and completes the checkout using your account credentials and the payment method you have on file with that retailer. The wine sale contract is between you and the wine retailer.

TLC's Role

• TLC automates the checkout process on your behalf as your agent
• TLC does not process or receive any payment for the wine
• TLC does not ship, pack, or handle wine orders
• TLC does not set wine prices and has no control over product availability
• TLC is not responsible for the accuracy of deal information sourced from third-party sites

Your Responsibilities

• Maintain accurate account credentials and valid payment methods on each wine retailer's site
• Review and understand the terms and return/cancellation policies of each wine retailer
• Ensure that auto-buy rules and budget settings are configured to reflect your actual intended spending
• Monitor auto-buy activity in your TLC purchase history

Purchase Issues

For issues with a wine order (damaged goods, incorrect shipment, cancellation, refund), you must contact the wine retailer directly. TLC cannot cancel, modify, or refund wine orders on your behalf, as we are not a party to the transaction. We will provide your purchase record upon request to assist with disputes.

Auto-Buy Rules

Auto-buy rules (Premium/VIP) allow TLC to purchase wines automatically when matching deals appear, without requiring your real-time approval. By enabling auto-buy rules, you explicitly authorize TLC to execute purchases on your behalf within the parameters you set (wine criteria, maximum price, quantity limits, and budget caps). You are solely responsible for purchases made within your configured auto-buy parameters.

You can disable auto-buy rules at any time in your account settings. Disabling auto-buy will not cancel purchases already in progress.

Age Verification & Alcohol Laws

By using TLC's purchasing features, you represent that you are of legal age to purchase alcohol in your jurisdiction. You are responsible for complying with all applicable alcohol purchase, shipment, and import laws in your location. TLC is not responsible for purchases that are illegal in your jurisdiction.

8. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms
• Share your account credentials or allow others to use your account for purchasing
• Attempt to circumvent subscription limits by creating multiple free accounts
• Use automated tools, scrapers, or bots to access the TLC platform (our API is provided for legitimate integrations)
• Reverse engineer, decompile, or attempt to extract source code from TLC's apps or systems
• Interfere with or disrupt the Service or the servers and networks connected to it
• Upload or transmit viruses, malware, or any other malicious code
• Use the Service in any manner that could harm TLC, our users, or the wine retailers we work with
• Resell, sublicense, or commercialize access to the TLC Service without our written permission

9. Intellectual Property

The TLC platform, including its design, code, features, branding, and content created by TLC, is owned by The Last Cork and protected by copyright, trademark, and other applicable laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use. This license does not include the right to copy, modify, distribute, or create derivative works from the Service.

Wine names, winery logos, and product imagery displayed in the TLC feed are the property of their respective owners and are displayed solely for informational purposes to facilitate discovery of deals on third-party sites.

Content you submit to TLC (ratings, preferences, notes) remains yours. By submitting it, you grant TLC a license to use it to operate and improve the Service, including building your taste profile and refining deal matching algorithms.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Specifically, TLC does not warrant that:

• Deal alerts will be delivered without delay or error
• Wine availability information sourced from third-party sites will be accurate at the time of purchase attempt
• The Service will be uninterrupted, error-free, or secure at all times
• Any particular wine will be available for purchase when you attempt to buy it
• Prices shown reflect the final price charged by the wine retailer (prices may change before checkout completes)

Flash wine sales by their nature can sell out in seconds. TLC's ability to facilitate a purchase depends on the deal still being available at the time of checkout. TLC is not liable for missed deals due to sell-outs, site downtime, or delays.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits or revenue
• Costs of purchasing substitute wine from other sources
• Unauthorized purchases resulting from compromised account credentials
• Errors in wine deal information sourced from third-party sites
• Failed or delayed purchases due to third-party site downtime or changes
• Any issue arising from a wine transaction between you and a wine retailer

TLC's total cumulative liability to you for any claims arising from or related to these Terms or the Service shall not exceed the total subscription fees you paid to TLC in the twelve (12) months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, TLC's liability will be limited to the fullest extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless TLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law, including alcohol purchase or importation laws
• Any purchase made through your TLC account, including auto-buy purchases
• Any content you submit through the Service
• Your violation of any third party's rights

13. Termination

You may close your account at any time from your account settings or by contacting support@thelastcork.com.

TLC may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or use the Service in a manner that is harmful to TLC, other users, or wine retail partners. In cases of egregious violations, termination may be immediate. For less severe violations, we will generally provide notice and an opportunity to remedy the issue before terminating.

Upon termination, your right to use the Service ceases immediately. Sections covering intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

If TLC discontinues the Service, we will provide at least 30 days' notice and issue prorated refunds for unused portions of annual subscriptions.

14. Governing Law & Disputes

These Terms are governed by and construed in accordance with the laws of the United States and the state in which TLC is incorporated, without regard to conflict of law principles.

Before initiating any legal action, you agree to first contact us at support@thelastcork.com and allow 30 days for us to attempt to resolve the dispute informally.

Any dispute that cannot be resolved informally shall be submitted to binding arbitration administered by a recognized arbitration body under its applicable rules. The arbitration shall take place in the United States. You waive any right to participate in class-action lawsuits or class-wide arbitration against TLC.

Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to protect intellectual property rights or prevent ongoing harm.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via email or a prominent in-app notice at least 14 days before the changes take effect. Non-material changes (such as formatting or clarifications that do not affect your rights) may take effect immediately upon posting.

The "Effective" date at the top of this page reflects the most recent version. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your account before the effective date.

16. Contact Us

Questions about these Terms? We're here to help.