These terms apply to Gustofolio at www.gustofolio.com — as a web application and as an Android app. The provider and contracting party is:

Sebastian Auer
Backumer Str. 447
45701 Herten
Email: kontakt@gustofolio.com

Further details are in the legal notice.

Gustofolio is a digital collection for wine and whisky: manage your bottles, stock, storage locations, notes, and ratings, scan labels and wine lists by photo, get drinking window reminders, and share selected content — with friends, with all registered users, or via a guest link that anyone can open, even without an account.

In the Kontor section, we show offers for wine, spirits, and accessories and link to external retailers via partner links — to Amazon, as well as, through the Awin partner network, to mySpirits. These sections are marked as advertising. In the personal sections, Gustofolio selects offers based on your taste profile and your stock; elsewhere, you see the same range everyone sees. If you purchase via such a link, we receive a commission from the retailer; this doesn't change the price for you.

No purchase agreement is formed via Gustofolio. A partner link opens the retailer's page in your browser; an agreement is formed exclusively between you and that retailer, who alone is responsible for product details, prices, availability, shipping, age verification, and order fulfillment. Gustofolio is not a marketplace; trading between users does not take place.

Information the app generates or estimates — recognized label data, drinking windows, serving temperatures, recommendations, food pairings, Kontor selections, and analyses — are aids provided without guarantee of accuracy or completeness. They don't replace your own judgment and aren't advice on storage, value, or drinkability. Some of it is produced by automated, including AI-based, processes and may contain errors.

Using Gustofolio is free. There are no costs, no subscriptions, no in-app purchases, and no payment data involved. You're responsible for your own internet access costs. Gustofolio is funded through commissions from affiliate links in the Kontor (Section 2) — paid by the retailer, not by you.

Since no fee is charged and you don't provide data in exchange for using the service, no statutory right of withdrawal arises under Sections 312g, 355 of the German Civil Code (BGB). Voluntary consent to reach measurement is not a condition of use: if you decline it, you can keep using Gustofolio without restrictions. You can delete your account yourself at any time, without giving a reason (see clause 9).

Should paid features be introduced in the future, this will apply exclusively to services you order separately and explicitly. Existing features won't become paid retroactively as a result.

The contract is formed when you create an account and we confirm the registration. An account is required; sign-in is via email and password or your Google account.

Gustofolio is intended exclusively for people aged 18 and over — the app deals throughout with alcoholic beverages. By using it, you confirm that you are of legal age; there is no technical age verification, we rely on your statement. If we learn that an account is being run by a minor, we may suspend and delete it.

Login credentials are confidential and must not be shared with third parties. If you suspect unauthorized access, change your password immediately and let us know at kontakt@gustofolio.com. Your account details must be accurate; one account is intended per person.

You can post your own content — photos, notes, ratings, comments, messages and community posts — and may only post content for which you hold the necessary rights.

In particular, the following content and actions are not permitted:

• infringe the rights of third parties, such as copyright, trademark, or personality rights,
• offensive, defamatory, inciting hatred, harmful to minors, pornographic, or otherwise unlawful,
• constitute advertising, chain letters, or other unsolicited mass messages,
• involve the sale or brokering of alcohol or other goods,
• Contain malware or aim to disrupt, spy on, or take over the app, its security mechanisms, or other people's accounts — this includes automated bulk requests.

You can report other people's content in the app and block other users. We may remove reported or clearly unlawful content and, in cases of serious or repeated violations, suspend or terminate an account. You can object informally to any such measure by writing to kontakt@gustofolio.com; we will then review the case again.

Your content stays your content. You simply grant us a simple, non-exclusive right — limited to the duration of the service and revocable at any time — to store, reproduce, and technically provide it as needed for operation. This includes displaying it to the group of people you chose when sharing (up to all registered users, or anyone with the link in the case of guest links), as well as technically necessary processing such as thumbnails.

Gustofolio calculates recommendations for you based on your ratings and certain actions; this data feeds into anonymized cross-user analyses. How this works and how to opt out is explained in the privacy policy. In the Community, your ratings are visible by default to all logged-in users, and Gustofolio automatically creates a post in your name on certain occasions ("new favorite" and similar). You can turn both of these off under More → Account → Privacy. Your taste profile and collection also determine which partner offers are shown to you in the Kontor (Section 2). Beyond that, we don't use your content for advertising purposes: we don't share it with ad networks, don't display third-party ads, and don't provide it to general-purpose AI model providers for training. This right ends when content or your account is deleted; details and the few documented exceptions are in the Privacy Policy.

We provide Gustofolio with the care of a reliable provider, but we don't guarantee uninterrupted availability: maintenance, disruptions at upstream providers, and events beyond our control can cause interruptions.

Features may be changed or discontinued; we'll announce significant restrictions with reasonable notice in the app. You can export your data in full at any time (More → Account → Privacy).

We are liable without limitation for intent and gross negligence, for injury to life, body, or health, for fraudulently concealed defects, to the extent of any guarantee assumed, and under product liability law.

In cases of simple negligence, we're only liable for breach of a material contractual obligation — i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose observance you may regularly rely. In that case, liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

Any further liability is excluded. Since Gustofolio is provided free of charge, the statutory liability relief for gratuitous contracts also applies. The above limitations also apply in favor of our legal representatives and vicarious agents.

Data backup: We don't owe you archiving. For irreplaceable content, please use the data export feature (More → Account → Privacy). In the event of data loss caused by us through slight negligence, our liability is limited to the effort that would have been required to restore the data had you kept a proper backup. Paragraphs 1 to 3 of this clause remain unaffected.

The agreement runs for an indefinite period. You can end it at any time without notice and without giving reasons by deleting your account (More → Account → Privacy) or by writing informally to kontakt@gustofolio.com. For security reasons, you must have logged in shortly before doing so.

One exception: if you own a cellar with additional members, we decline the deletion and delete nothing — not even partially, since that would destroy other people's entries too. Remove the remaining members or transfer the cellar first; deletion is then possible.

We may end the contract with 30 days' notice, either through a notice in the app or to the email address on file for your account. The right to extraordinary termination for good cause and to suspension for violations (Section 5) remains unaffected.

What happens to your data upon deletion — and the few entries that must remain for legal reasons — is described in the Privacy Policy . Export your data before deleting if you want to keep it: once deleted, we can't restore it.

We may change these terms if a change in law, a supreme court ruling, an official order, or a technical development of the app requires it, provided you aren't unreasonably disadvantaged as a result.

Changed terms only take effect once you agree to them. We'll present them the next time you open the app; until then, the version you last agreed to remains in force. There's no implied consent through continued use alone. If you don't agree, you can export your data and delete your account.

We are neither obligated nor willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG). If you have an issue, please contact kontakt@gustofolio.com first.

The European Commission's former online dispute resolution platform was discontinued on July 20, 2025; a reference to it is therefore omitted.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you're a consumer with your habitual residence in another country, the mandatory consumer protection laws of that country remain unaffected — this choice of law doesn't strip you of protections you'd otherwise have.

No place of jurisdiction is agreed with consumers; statutory jurisdiction applies.

If a provision is invalid, the remaining provisions stay in effect; the invalid provision is replaced by the applicable statutory rule.