Terms of Use

These Terms of Use (the "Terms") govern your access to and use of our mobile applications, website(s), and related services (collectively, the "Services"). By creating an account, downloading the app, or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

Non-affiliation notice. We are independent and not affiliated with, endorsed by, or sponsored by the Wine & Spirit Education Trust (WSET®) or any awarding body or education provider. WSET® is a registered trademark of the Wine & Spirit Education Trust. All third-party names and marks are used for identification purposes only.

Educational only / No results guarantee. The Services provide study support and practice materials. They are not official exam papers and do not guarantee any outcome, grade, pass, certification, or professional result. You are solely responsible for your study decisions and results.

Age and eligibility. You must be of legal drinking age in your country and have the legal capacity to enter into a contract.

Account registration. Provide accurate information, keep it updated, and protect your login credentials. You are responsible for all activity under your account.

Content. We offer educational content, practice questions, flashcards, learning analytics, and progress tracking.

AI-assisted outputs. Some features may use automated or AI-assisted generation. Content may be incomplete or inaccurate and is provided "as is" for learning support only. Always consult official syllabi and materials from the relevant awarding body.

No professional advice. The Services do not constitute professional, academic, legal, health, or safety advice.

Unofficial resources. Our content may reference public information about certifications without reproducing official exam content.

No guarantee of alignment. Syllabi and exam formats may change at any time. We do not guarantee that our materials reflect the latest official specifications.

No affiliation. We are not WSET, not an Approved Programme Provider, and not affiliated with any institute or school.

You agree not to:

• Copy, distribute, or modify the Services except as expressly permitted.
• Reverse engineer or attempt to extract source code (except where such restriction is prohibited by law).
• Share your account or allow others to use your credentials.
• Upload unlawful, infringing, or harmful content, or use the Services to harass, defame, or violate rights.
• Use bots, scrapers, or bulk-download tools without our prior written consent.
• Circumvent access or usage limits, or interfere with security or operation.
• Use the Services to cheat on any exam or to violate exam rules or academic integrity.

We may suspend or terminate accounts that breach these Terms.

6.1 Ownership. The Services, and all content and materials made available through them, including question banks, explanations, datasets, text, images, audio/video, graphics, UI/UX elements, designs, software, and documentation (collectively, the "OenoQuest Materials") are owned by or licensed to Studio 1979 / OenoQuest and are protected by intellectual-property and other laws. All rights not expressly granted are reserved.

6.2 Your licence. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services and OenoQuest Materials for your personal, non-commercial study. Any use beyond this licence (including re-publishing or commercial exploitation) requires our prior written consent.

6.3 Prohibited uses. You must not (and must not permit anyone to) copy, reproduce, adapt, translate, modify, create derivative works from, publicly display, perform, transmit, or distribute the OenoQuest Materials, except as expressly allowed; sell, rent, lease, loan, sublicense, or otherwise commercially exploit the OenoQuest Materials or the Services; remove or obscure proprietary notices, watermarks, or identifiers; circumvent, disable, or interfere with security or technical protection measures, rate limits, or access controls; scrape, harvest, text-and-data-mine, bulk-download, or use bots/automated means to access the OenoQuest Materials for any commercial purpose (including training, fine-tuning, or benchmarking AI/ML models) unless authorised by us or permitted by mandatory law; reverse engineer or attempt to discover source code (except to the extent allowed by law for interoperability); or use the OenoQuest Materials to build a competing product or service.

6.4 User Content. If you upload or submit notes, flashcards, or other content ("User Content"), you grant OenoQuest a worldwide, non-exclusive, royalty-free licence to host, display, and process that User Content solely to operate, secure, and improve the Services. You represent that you have all rights necessary for your User Content. We may remove or disable access to User Content that we reasonably believe is unlawful or infringes rights.

6.5 Liquidated damages for unauthorised use (B2B / non-consumer; where permitted by law). If you act for purposes relating to your trade, business, craft, or profession (i.e., you are not a consumer), then, where permitted by applicable law, any unauthorised use of the OenoQuest Materials triggers, without further notice, a liquidated damages amount of €2,500 per breach, plus €250 per day (or part thereof) for as long as the breach continues (or the local-currency equivalent at the time of payment). These liquidated damages are a reasonable pre-estimate of loss given the difficulty of quantifying harm. Where required by common-law principles, we may elect, before final judgment, to recover either these liquidated damages or actual damages, but not both. If a court finds this clause unenforceable, the remainder of Article 6 and our other remedies survive.

6.6 Consumers. If you are a consumer (an individual acting wholly or mainly outside a trade/business), the fixed liquidated-damages clause in 6.5 does not apply where prohibited by mandatory consumer law. Unauthorised use by consumers may still be addressed through injunctive relief, actual damages, and other remedies available under applicable law.

6.7 Enforcement; injunctive relief; costs. We may seek injunctive or other equitable relief to stop or prevent unauthorised use, in addition to damages. To the extent permitted by law, we may recover reasonable legal fees and costs incurred in enforcing our IP rights.

6.8 Third-party marks and content. WSET® and any other third-party names and marks are the property of their respective owners. Use herein is nominative and does not imply affiliation, endorsement, or sponsorship.

6.9 Open-source components. If any part of the Services includes open-source software, the applicable open-source licences govern that code; in case of conflict, the open-source terms prevail.

6.10 Survival. This Article 6 survives termination or expiry of the Terms.

• Purchases. Paid features may be offered via in-app purchase or our website. Prices, currency, and taxes are shown at checkout and may vary by region.
• Auto-renewal. Subscriptions renew automatically at the end of each term unless you cancel at least 24 hours before renewal.
• Managing subscriptions. For mobile subscriptions, manage or cancel via your Apple App Store or Google Play account settings; for web subscriptions, use your account portal on our site.
• Trials and promotions. If you start a trial, you will be charged at the end of the trial unless you cancel beforehand.
• Refunds. Where purchases are made through app stores, their refund policies apply. For web purchases, our default policy is no refunds for partial billing periods, except where required by law. Mandatory consumer rights remain unaffected.
• Changes to pricing. We may change prices or introduce new charges; we will give prior notice where required. Changes take effect on the next billing term after notice.

Educational only. The Services are provided for study support only and do not guarantee any exam outcome, certification, or professional result.

As-is / As-available. To the fullest extent permitted by law, the Services are provided "as is" and "as available". We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Third-party services. We are not responsible for third-party sites, app stores, networks, or devices.

No affiliation reiteration. We are not affiliated with WSET® or any awarding body; our materials are unofficial and for independent study support only.

To the maximum extent permitted by law, we and our directors, employees, and suppliers are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenues, goodwill, data, or business interruption; or outcomes of exams, certifications, or assessments. Our total aggregate liability for claims relating to the Services is limited to the greater of €50 or the amounts paid by you to us for the Services in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (for example, for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence). If you are a consumer, your statutory rights are not affected.

Where you download the app from the Apple App Store or Google Play:

• The store provider is not responsible for the Services or their content.
• You must comply with the store's terms and rules.
• The store provider has no obligation to provide maintenance or support.
• If a third party claims that the app infringes intellectual property rights, we (not the store) are responsible for the defence, subject to these Terms.

Governing law. These Terms are governed by the laws of the Netherlands, without regard to conflict-of-laws rules.

Venue. Courts in Amsterdam, Netherlands have exclusive jurisdiction, except that consumers may also bring claims in the courts of their residence where required by applicable law.

Consumers in the EEA or UK. You may have access to out-of-court dispute mechanisms under local law (for example, the EU Online Dispute Resolution platform).

• Entire agreement. These Terms, together with the Privacy Policy and any plan details, are the entire agreement between you and us regarding the Services.
• Severability. If any provision is unenforceable, the remainder remains in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign your rights or obligations without our consent; we may assign to an affiliate or in connection with a merger or sale.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Headings. Headings are for convenience only.

OenoQuest

Van Goyenstraat 9, 6814 KP Arnhem, The Netherlands

Support: contact@oenoquest.com