GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE VINOTAG APPLICATION
(Last updated on April 2, 2026)
PREAMBLE
The Vinotag mobile application (“VINOTAG”) is a digital wine cellar management service provided remotely by FRIO ENTREPRISE, a simplified joint-stock company with share capital of €753,264.60, whose registered office is located at ZI SUD, 143 Boulevard Pierre Lefaucheux, 72230 Arnage (France), registered with the Le Mans Trade and Companies Register under unique identification number 524 177 508, intra-community VAT number FR61524177508, telephone: +33 2 43 21 69 80, email: info.vinotag@groupefrio.com (“FRIO”).
VINOTAG is primarily intended for adult consumers, within the meaning of the French Consumer Code, who own certain models of wine cellars marketed by FRIO (the “Users”).
In this respect, the protective provisions of the French Consumer Code apply in full only to consumer users; professional users remain subject to these same General Terms and Conditions of Sale, but without benefiting from all rights specifically granted to consumers.
The Application notably enables users to:
create and manage a wine cellar inventory (storage plans, bottle records);
use a wine label recognition module based on a partnership with the company Vivino: the user takes a photo of the label, the image is transmitted to Vivino, and VINOTAG then displays the oenological information received from Vivino;
optionally access a generative AI service (based on Gemini technology) providing advice on wines, cellar management, wine storage, and food and wine pairing.
Access to all of these services is provided exclusively through a mobile application available for download from the App Store and Google Play, with contracts concluded remotely between FRIO and the Users.
1. PURPOSE
The purpose of these General Terms and Conditions (the “Terms”) is to:
define the rights and obligations of FRIO and the User in relation to the use of VINOTAG, the purchase of Vivino scan packs, and subscription to the AI Service;
inform the User of their consumer rights, including pre-contractual information, the right of withdrawal, legal guarantees, mediation, and liability.
Any information relating to the processing of personal data is set out in the Personal Data Protection Policy, which forms an integral part of these Terms.
2. SCOPE OF APPLICATION
2.1 Application of the Terms
These General Terms and Conditions of Sale and Use (the “Terms”) apply to contracts concluded remotely between FRIO and any User and are intended to define the rights and obligations of the parties in connection with the provision of digital services and digital content via VINOTAG, within the meaning of Articles L.224-25-1 et seq. of the French Consumer Code.
2.2 Services Covered
The Terms apply to:
the free use of VINOTAG (creation and management of a wine cellar, interface with FRIO wine cellars, and other free features);
the purchase of wine label scan packs offered by the company Vivino (“Vivino Scan Packs”) through in-app purchases;
the subscription, management, and use of the optional generative AI service (the “AI Service”).
2.3 Users
These Terms apply exclusively to individual users who are of legal age and acting as consumers, that is, for their personal and/or professional needs.
2.4 Acceptance of the Terms
Registration for VINOTAG and/or any purchase of Vivino Scan Packs or subscription to the AI Service constitutes full and unconditional acceptance of these Terms, which are made available to the User in a clear and comprehensible manner prior to the conclusion of the contracts.
The User acknowledges having read and accepted these Terms before confirming their registration for VINOTAG and any additional purchases or subscriptions.
3. DESCRIPTION OF SERVICES
3.1 VINOTAG – Basic Service
Features: VINOTAG notably allows Users to:
create a user account linked to one or more eligible FRIO wine cellars;
manage a bottle inventory (creation of records, positioning within the cellar, stock tracking);
consult basic information relating to wines manually entered by the User;
use the application, including without using the camera (manual bottle entry);
obtain recommendations regarding storage location based on the type of wine;
for certain Wi-Fi-enabled wine cellars, remotely control temperature, lighting, and, where applicable, alarms.
Compatibility / interoperability: VINOTAG requires (i) a compatible mobile device, (ii) an active and stable Internet connection, and (iii) installation of recommended updates for both the operating system and VINOTAG.
Minimum compatible iOS/Android versions, as well as any restrictions (device models, countries, carriers, camera access, system permissions), are indicated on the download pages of the app stores, which the User is invited to consult prior to installation, and, where applicable, within VINOTAG.
Certain features (in particular the Vivino Scan and the AI Service) may be affected by connection quality, device performance, lighting conditions, and image quality. In this respect, the use of a 2.4 GHz connection and a high-speed network is strongly recommended.
FRIO does not guarantee compatibility with modified devices (rooted/jailbroken), emulators, beta operating system versions, or unsupported environments.
3.2 Vivino Module – Vivino Scan Packs
3.2.1 General operation
VINOTAG offers a wine label recognition module which, through a partnership with the company Vivino, enables the display of oenological information (wine name, vintage, grape varieties, country, ratings, etc.) based on a photo of the label taken by the User.
Upon account creation or when registering an eligible FRIO wine cellar, the User is granted a specified number of free scans (for example, 50 or 1000 depending on the cellar model), as indicated in the interface and in the pre-contractual information.
Once these free scans have been used, the User may purchase additional Vivino Scan Packs (for example, 200, 400, or 1000 scans) within VINOTAG via Apple Pay or Google Pay.
Each Vivino Scan Pack entitles the User to a specified number of scans, usable for the lifetime of the User’s account and for as long as the partnership between FRIO and Vivino remains in effect. In the event of permanent discontinuation of the Vivino service or the scanning functionality within VINOTAG, FRIO will inform the User and may, where applicable, offer either an equivalent functionality or appropriate compensation (for example, a pro rata refund or credit), in accordance with applicable regulations.
A Vivino Scan is consumed as soon as a request is sent to Vivino, including in the event of failure due to image quality, unrecognized labels, temporary unavailability of third-party services, or connection interruption.
3.2.2 Third-party digital services and content
The information returned following a Vivino Scan originates from the Vivino database, for which FRIO is neither the owner nor responsible.
FRIO does not guarantee that every wine/label will be recognized, nor the completeness, accuracy, or continuous availability of Vivino data, and shall not be held liable for any errors, omissions, or unavailability attributable to Vivino services or data.
However, FRIO remains bound by the legal obligations applicable to VINOTAG as a digital service and will use reasonable efforts to correct any malfunctions affecting the technical integration of the Vivino Module where such malfunctions are attributable to FRIO.
3.3 AI Service – Generative AI Service
3.3.1 Purpose of the AI Service
VINOTAG offers an optional service based on a generative artificial intelligence system (the “AI Service”), provided through third-party general-purpose AI model technology (notably Gemini).
The User is expressly informed that they are interacting with an artificial intelligence system and that the responses provided are automatically generated by algorithms, without systematic validation by a human expert.
The AI Service provides informational and assistance content relating in particular to:
wine selection;
cellar management;
wine storage;
food and wine pairing.
The AI Service does not constitute a professional personalized advisory service.
Responses generated by the AI Service:
are based on statistical and probabilistic models;
may contain errors, approximations, omissions, or inappropriate content;
may reflect biases present in the model’s training data;
may not be up to date at the time of the request.
As indicated in the Personal Data Protection Policy, data transmitted to the AI Service may be processed by third-party providers, who may use it for their own purposes in accordance with their privacy policies.
FRIO does not guarantee the accuracy, completeness, or suitability of the responses to the User’s particular situation.
The AI Service must not be used as the sole basis for important decisions, particularly in matters relating to:
health;
safety;
alcohol consumption;
legal, tax, or financial matters.
The User remains solely responsible for their use of the generated responses.
The AI Service must not be used to:
generate unlawful, defamatory, discriminatory content or content contrary to public policy;
circumvent regulations applicable to alcohol;
produce advice falling within regulated professional activities.
FRIO may apply reasonable usage limitations (including number of requests, technical restrictions, or security measures) in order to ensure the stability, security, and compliance of the Service.
FRIO undertakes to:
use the AI system in accordance with the documentation provided by its supplier;
implement an appropriate level of human oversight proportionate to the nature of the service;
adapt the AI Service in the event of applicable regulatory developments.
The AI Service does not perform any automated decision-making producing legal effects with respect to the User.
3.3.2 Subscription terms
The AI Service is offered:
with, where applicable, a free trial period (for example, one month);
then as a paid subscription, either monthly (for example, €1.99) or annually (for example, €19.99).
The AI Service is subscribed to via in-app purchases within VINOTAG using Apple Pay or Google Pay, which directly manage with the User:
billing;
automatic renewal;
cancellation, in accordance with their own terms and conditions.
4. CONDITIONS OF ACCESS TO VINOTAG AND USER ACCOUNT
4.1 Age Requirements and Public Health
Given the direct link between VINOTAG and alcoholic beverages, VINOTAG is strictly reserved for individuals who are of legal age (18 years or older) at the time of account creation.
When creating an account, the User must provide their date of birth and confirm that they are at least 18 years old. FRIO reserves the right to request proof in the event of serious doubt and to suspend or terminate any account that appears to be held by a minor.
VINOTAG is not intended to promote alcohol consumption but rather to assist in the management of an existing wine cellar and to provide information and advice of an oenological nature. The User undertakes to comply with applicable legislation regarding alcohol, in particular the prohibition on supplying alcoholic beverages to minors, and to adopt moderate and responsible consumption.
4.2 Account Creation
To use VINOTAG, the User must create a personal account by providing:
first name and last name;
date of birth (to verify legal age);
department or geographical area;
email address;
technical identifiers specific to the User’s FRIO wine cellar (e.g., Firebase ID);
where applicable, a photo of the identification plate of the User’s FRIO wine cellar.
This information is necessary for the provision of the services and is processed in accordance with the Personal Data Protection Policy.
4.3 Credentials and Security
The User is responsible for maintaining the confidentiality of their login credentials (passwords, access codes) and for all use of their account.
The User undertakes to notify FRIO without delay of any unauthorized use of their account.
4.4 Suspension in Case of Risk or Fraud
FRIO may temporarily suspend access to the User’s account, in whole or in part, without compensation, in the event of:
a reasonable suspicion of fraud, identity theft, or unauthorized use of the account;
an actual or attempted breach of VINOTAG security;
manifestly abusive or abnormal use of VINOTAG (including automated use, circumvention of technical limitations, or attempts to gain unauthorized access to systems);
a breach of these Terms.
Such suspension may be implemented as a precautionary measure for the time necessary to carry out verifications.
Except in cases of urgency or risk to system security, FRIO shall inform the User, by any appropriate means (including email), of the reasons for the suspension and allow the User to submit observations within a reasonable period.
Where verifications confirm the absence of any breach, access shall be restored as soon as possible.
This suspension is without prejudice to the legal guarantees to which the User is entitled as a consumer.
4.5 Termination for Breach
In the event of a serious or repeated breach of these Terms, and after formal notice has remained without effect for a period of thirty (30) days, FRIO may terminate the contract automatically.
In particular, the following constitute serious breaches:
any attempt at hacking or fraudulent access;
substantial or repeated extraction of data (scraping);
resale or unauthorized provision of the services;
circumvention of technical limitations;
infringement of FRIO’s or its partners’ intellectual property rights.
Termination results in the automatic and immediate deactivation of the account.
Amounts already paid shall remain due for the current period, without prejudice to the User’s statutory rights.
5. PRE-CONTRACTUAL INFORMATION
5.1 Content of the Information Provided to the User
Prior to the conclusion of any contract (registration for VINOTAG, purchase of Vivino Scan Packs, or subscription to the AI Service), FRIO provides the User, in a clear and comprehensible manner, with the information required under Articles L.111-1, L.111-2, and L.221-5 of the French Consumer Code, including in particular:
the essential characteristics of the services offered (wine cellar management, Vivino Scan Packs, AI Service), including, for digital services, their functionalities, compatibility and interoperability, as well as any restrictions on software installation;
the price or the method of calculating the price, including for the AI Service and Vivino Scan Packs, in accordance with Articles L.112-1 to L.112-4;
the date or timeframe for the provision of the services (immediate availability of VINOTAG and Vivino Scan Packs, activation of the AI Service upon subscription);
FRIO’s full identity and contact details;
where applicable, the existence of a right of withdrawal, its conditions, time limits and procedures, as well as the standard withdrawal form;
where the right of withdrawal cannot be exercised (notably for certain digital services supplied immediately), clear information that the User does not benefit from this right or the circumstances under which it is lost;
the applicable legal guarantees and, where applicable, any commercial warranties and after-sales services;
the existence of a consumer mediation mechanism;
where applicable, the use of personalized pricing based on automated processing, if such practice is implemented.
This information is made available to the User in a clear and comprehensible manner prior to any contract conclusion. It is also accessible at any time via VINOTAG and/or the website www.vinotag-app.co.
5.2 Means of Communication
The User acknowledges that where the communication method used imposes limitations of space or time (mobile interface, limited screens), only essential information may be presented directly, with the remaining information made accessible via a clear and direct link, in accordance with Article L.221-12 of the French Consumer Code and the case law of the Court of Justice of the European Union and administrative courts.
Accordingly, some information may be available on the App Store or Google Play, within the technical constraints specific to those platforms.
In any event, all information is provided:
via an easily accessible hyperlink on the VINOTAG homepage and on the website www.vinotag-app.co;
via an easily accessible hyperlink within each user account;
on a durable medium (confirmation email, downloadable PDF, or equivalent), enabling the User to retain it.
6. PRICING AND PAYMENT TERMS
6.1 Service Pricing
The prices applicable to Vivino Scan Packs and the AI Service are displayed in the currency of the relevant country, inclusive of all taxes, within the VINOTAG interface.
FRIO reserves the right to modify its pricing at any time. However, such changes shall only apply to purchases and renewals made after the changes have come into effect.
6.2 Payment via Apple Pay and Google Pay
FRIO is the provider of the VINOTAG digital services (basic service, Vivino Scan Packs, AI Service).
However, purchases of Vivino Scan Packs and subscriptions to the AI Service are carried out via Apple Pay and Google Pay, which are responsible for processing payments and managing billing.
FRIO does not collect or store any banking data of the User; such data is processed by Apple or Google in accordance with their respective terms and conditions.
Users are invited to review these terms and conditions in order to understand the procedures and conditions specific to these platforms (account management, payment methods, billing, cancellation procedures, and, where applicable, refund mechanisms).
7. PROVISION OF DIGITAL SERVICES
7.1 Availability of the Services
Subject to technical incidents:
access to VINOTAG is provided immediately after installation and account creation by the User;
Vivino Scan Packs are credited to the User’s account and are usable immediately after confirmation of the in-app purchase;
the AI Service is activated immediately upon subscription (or at the end of the free trial period, where applicable) and is automatically renewed according to the selected billing cycle, unless cancelled.
7.2 Quality, Availability and Updates
FRIO endeavors to ensure a reasonable level of availability of VINOTAG and associated services, subject to maintenance operations, technical contingencies, and interruptions necessary for proper operation.
In accordance with Articles L.224-25-24 to L.224-25-26 of the French Consumer Code, FRIO provides, at no additional cost to the User, the updates, including security updates, necessary to maintain the conformity of the digital services, for:
the entire duration of the AI Service for that service;
a period during which the User may reasonably expect to receive such updates for other VINOTAG features, taking into account the nature of the services and the circumstances of the contract.
The User is informed, in a clear and comprehensible manner, of available updates, their purpose (security, improvements, bug fixes, new features), and the potential consequences of refusing or delaying installation.
Where the User refuses or delays the installation of an update necessary to maintain the conformity of the service, FRIO shall not be liable for any lack of conformity resulting from such refusal or delay.
FRIO may, for technical, security, or service development reasons, modify the functionalities of VINOTAG. Where such modifications significantly affect access to or use of an essential feature, the User shall be informed in due time and may, where applicable, benefit from the remedies provided under the legal guarantee of conformity (repair, price reduction, or termination of the contract).
8. RIGHT OF WITHDRAWAL
8.1 General Principle
As this is a distance contract, the User has a period of fourteen (14) days to withdraw, without having to provide any reason, from the conclusion of the service contract or the provision of digital content, in accordance with Article L.221-18 of the French Consumer Code.
8.2 Vivino Scan Packs
Vivino Scan Packs constitute digital content or services supplied immediately after purchase and consumed progressively as scans are used.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal no longer applies to:
digital content not supplied on a tangible medium, where performance has begun after the User’s prior express consent and express waiver of their right of withdrawal;
services fully performed before the end of the withdrawal period, where performance has begun with the User’s consent and waiver of their right of withdrawal.
In practice, before confirming the purchase of Vivino Scan Packs, the User is informed that the Packs are provided immediately after purchase validation. By clicking the purchase confirmation button, the User expressly requests immediate performance of the digital content and expressly waives their right of withdrawal, in accordance with Article L.221-28 of the French Consumer Code.
8.3 AI Service
The AI Service is a digital service provided on a continuous basis, with automatic renewal.
In accordance with Articles L.221-18 and L.221-28 of the French Consumer Code:
the User has a period of fourteen (14) days from the conclusion of the contract to exercise the right of withdrawal;
if the User requests immediate performance of the AI Service before the end of the withdrawal period, they may still exercise their right of withdrawal but may be required to pay an amount proportional to the service provided until the communication of their decision, in accordance with Article L.221-25;
if the service is fully performed before the end of the withdrawal period with the User’s prior express consent and waiver of their right of withdrawal, this right is lost.
The right of withdrawal is exercised directly through the functionalities provided by Apple or Google.
8.4 Exercise of the Right of Withdrawal
Where the right of withdrawal applies, the User may:
use the standard withdrawal form provided; or
submit any other unambiguous statement expressing their intention to withdraw.
FRIO shall reimburse the User within fourteen (14) days from receipt of the withdrawal request, using the same payment method as that used for the initial transaction, unless otherwise agreed.
9. LEGAL GUARANTEES
9.1 Legal Guarantee of Conformity (Digital Content and Services)
The legal guarantees apply independently of any commercial warranty that may be provided by FRIO. No provision of these Terms may limit or exclude these statutory guarantees.
For the digital content and services provided via VINOTAG (including the AI Service and Vivino Scan Packs), FRIO is required to:
provide a service that complies with its contractual commitments and the pre-contractual description;
maintain such conformity for the duration of supply (for subscriptions) or for a period of two (2) years from supply (for one-off services), in accordance with Article L.224-25-12 et seq. of the French Consumer Code.
In the event of a lack of conformity, the User may request, free of charge:
that the service be brought into conformity within a reasonable period and without major inconvenience;
failing that, a price reduction or termination of the contract in the cases provided for under Article L.224-25-20 (refusal to bring into conformity, unjustified delay, persistent defect, or particularly serious defect).
In the event of termination, the User must cease using the service and, where applicable, return any tangible medium; the professional must reimburse the amounts due within fourteen (14) days.
Specific rules relating to the handling of content and data in the event of termination (right to recover content provided, prohibition on use by the professional except in certain cases) shall apply in accordance with Articles L.224-25-22 and L.221-26-1 of the French Consumer Code.
9.2 Guarantee Against Hidden Defects
Independently of the legal guarantee of conformity, the User benefits from the guarantee against hidden defects provided for under Articles 1641 to 1649 of the French Civil Code.
10. LIABILITY
10.1 FRIO’s Liability
FRIO is responsible, vis-à-vis the User, for the proper performance of its obligations under these Terms and for the conformity of the digital content and services provided via VINOTAG.
FRIO’s liability cannot be limited or excluded with respect to:
the legal guarantees of conformity and hidden defects;
damage resulting from gross negligence or wilful misconduct by FRIO;
bodily injury caused by FRIO’s negligence.
Subject to the foregoing mandatory provisions, FRIO’s liability may only be engaged in the event of proven fault directly attributable to it and does not cover indirect damages, loss of opportunity, loss of reputation, moral damages, or any damage not linked to a lack of conformity of the services.
FRIO shall not be held liable for malfunctions attributable to:
(i) telecommunications networks;
(ii) the User’s device or software environment;
(iii) third-party services (app stores, Vivino, AI providers),
except where the failure results from a defect in the technical integration within VINOTAG attributable to FRIO.
10.2 Third-Party Services and Content (Vivino, AI, Platforms)
Oenological information provided by Vivino is supplied under the sole responsibility of Vivino. FRIO does not guarantee the accuracy, completeness, or availability of such data. However, FRIO remains responsible for the overall conformity of the VINOTAG service and will take reasonable measures to remedy, within a reasonable timeframe, any malfunction significantly affecting the scan functionality integrated into VINOTAG.
Responses generated by the AI (Gemini) are provided “as is” and may contain inaccuracies or inappropriate content. They do not constitute medical or nutritional advice, legal or tax advice, investment recommendations, or encouragement to consume alcohol. The User remains solely responsible for the use of such responses. FRIO is not responsible for personal decisions made by the User based on such responses, without prejudice to its legal obligations regarding service conformity.
Purchases, billing, and renewals carried out via Apple Pay and Google Pay are subject to the terms and conditions of those platforms. In the event of malfunction attributable exclusively to those platforms (e.g., failed payment, double billing), the User must contact Apple or Google support as a priority.
10.3 Use of the Application and Provided Advice
The User remains solely responsible for:
their use of VINOTAG, the information provided by Vivino, and the advice from the AI Service;
compliance with applicable regulations relating to alcohol consumption and public health;
any personal decisions (consumption, driving, health) made based on such information.
FRIO shall not be held liable for any loss of opportunity, loss of data, moral damages, or any damages resulting from improper use of VINOTAG or breach of these Terms.
11. PROTECTION OF MINORS AND PUBLIC HEALTH
VINOTAG is not intended to promote alcohol consumption, but solely to assist in managing an existing wine cellar and to provide oenological information.
The User undertakes not to use VINOTAG to encourage minors to consume alcohol and to comply with public health recommendations (moderate consumption, prohibition on drinking and driving, etc.).
12. PERSONAL DATA
Full details regarding the processing of the User’s personal data (user account, history, AI prompts, technical data, etc.) are set out in the Personal Data Protection Policy, which forms an integral part of these Terms.
The User undertakes not to input, within the AI Service, any sensitive data within the meaning of applicable regulations (including data relating to health, political opinions, religious or philosophical beliefs, or sexual orientation), nor any personal data relating to identifiable third parties, unless strictly necessary for the use of the Service and processed in compliance with applicable regulations.
13. CUSTOMER SERVICE – CO-BROWSING AND SUPPORT
VINOTAG provides a support service, which may use a co-browsing tool allowing, with the User’s explicit consent:
temporary viewing of the User’s screen;
use of the device’s camera, without audio capture,
for the duration necessary to provide assistance.
14. INTELLECTUAL PROPERTY
VINOTAG and its content (texts, graphics, logos, interfaces, databases, etc.) are protected by intellectual property law and remain the exclusive property of FRIO or its partners.
The User is prohibited from any unauthorized reproduction, representation, adaptation, or substantial extraction of VINOTAG and/or its content.
The User retains ownership of any rights they may hold in the content they input into VINOTAG (including meal descriptions, comments, texts, etc.). The User grants FRIO, for the duration of their use of VINOTAG and worldwide, a non-exclusive license to use such content solely for the purposes of providing and improving VINOTAG services, including the AI Service.
Responses generated by the AI Service may be freely consulted and used by the User for their own purposes, in compliance with these Terms. However, the User shall refrain from any use that is unlawful or infringes third-party rights or public policy.
Due to the nature of artificial intelligence models, FRIO cannot guarantee that generated content will never infringe third-party intellectual property rights. The User is encouraged to exercise caution before any external reuse of such content (publication, reproduction, communication to the public, etc.).
15. CONSUMER MEDIATION
In the event of a dispute, the User must first contact FRIO’s customer service by sending an email to: info.vinotag@frioentreprise.com
If the dispute is not resolved, the User may, free of charge, refer the matter to the consumer mediator to which FRIO is affiliated:
Name of mediator: ANM Consommation
Postal address: 25 allée Rose Dieng Kuntz, 75019 Paris, France
Website: https://www.anm-conso.com/
Contact: contact@anmconso.com / +33 1 58 64 00 05
In accordance with Articles L.612-1 et seq. of the French Consumer Code, the mediator may only be contacted after an attempt at direct amicable resolution with FRIO has failed.
16. APPLICABLE LAW AND JURISDICTION
These Terms are governed by French law.
In the event of a dispute and in the absence of an amicable agreement or mediation, the competent French courts shall have exclusive jurisdiction, without prejudice to any mandatory provisions that may be more favorable to the User.