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Terms of Service

Effective date: May 4, 2025

Overview

These Terms of Service ("Terms") govern your access to and use of the XOCOA website, AI chocolate sommelier, and related services (collectively, the "Service") operated by XOCOA ("we", "us", "our"). By accessing or using the Service you agree to be bound by these Terms.

1. Eligibility

You must be at least 16 years of age to use the Service. By using the Service you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Description of Service

XOCOA provides an AI-powered chocolate recommendation engine ("Sommelier") that suggests products from our curated catalogue based on your stated preferences. Recommendations are generated by large-language models and are grounded exclusively in our published product catalogue.

The Service is provided for informational and discovery purposes. XOCOA does not operate as a retailer and does not process payments or fulfil orders directly.

3. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable regulation.
  • Attempt to reverse-engineer, scrape, or extract data from the Service by automated means without our written consent.
  • Submit content that is abusive, defamatory, or infringes any third-party rights.
  • Attempt to circumvent security measures or gain unauthorised access to any part of the Service.
  • Use the Service to generate or disseminate misinformation about chocolate products or producers.

4. AI-Generated Content

Recommendations produced by the Sommelier are generated by AI and are intended as a starting point for discovery, not professional advice. While we take significant measures to ground responses in verified catalogue data, AI models can make errors. Always verify product details — including allergen information, ingredients, and availability — directly with the producer or retailer before purchase.

XOCOA is not liable for decisions made based on AI-generated recommendations.

5. Intellectual Property

All content on the Service — including text, graphics, logos, and the XOCOA catalogue — is owned by or licensed to XOCOA and protected by applicable intellectual property law. You may not reproduce, distribute, or create derivative works without our prior written consent.

Product names, descriptions, and imagery remain the property of their respective producers and are used with permission or under fair use for informational purposes.

6. Third-Party Links and Services

The Service may contain links to third-party websites or producers. These links are provided for convenience only. We have no control over third-party content and accept no responsibility for it. Your use of third-party services is governed by their own terms and privacy policies.

7. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

8. Limitation of Liability

To the maximum extent permitted by applicable law, XOCOA and its officers, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service, even if advised of the possibility of such damages.

Our total liability to you for any claim arising from these Terms or the Service shall not exceed €100 (one hundred euros).

9. Changes to the Service and Terms

We reserve the right to modify or discontinue the Service at any time without notice. We may also revise these Terms at any time by updating this page. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

10. Governing Law

These Terms are governed by the laws of France, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of France.

11. Contact

Questions about these Terms? Contact us at hello@xocoa.co.