Terms of Service

By creating an account or using Don Vitola, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Embark Companies LLC, operating as Don Vitola.

If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

You must be of legal smoking age in your jurisdiction to use Don Vitola. The minimum age varies by country and region (typically 18-21 years old). You are responsible for knowing and complying with the legal smoking age in your location.

By using our services, you represent and warrant that:
• You meet the minimum age requirements in your jurisdiction
• You have the legal capacity to enter into these Terms
• You are not prohibited from using our services under applicable laws
• All information you provide is accurate and truthful

Don Vitola is intended for adults who are interested in cigar appreciation, collection management, and related content.

Don Vitola is a web-based service accessible worldwide, but service availability, features, and functionality may vary by country or region.

Geographic Considerations:
• Our services are provided "as available" in your location
• Certain features may be restricted or unavailable in some jurisdictions
• We do not guarantee that our services are appropriate or available for use in all locations
• You are responsible for complying with local laws regarding internet access and online content

Tobacco-Related Regulations:
• You acknowledge that tobacco products and related content are subject to various laws and regulations worldwide
• Don Vitola is an informational and collection management platform; we do not sell, distribute, or facilitate the sale of tobacco products
• You are solely responsible for ensuring your use of our services complies with all applicable tobacco laws, advertising restrictions, and age verification requirements in your jurisdiction
• Some countries may restrict or prohibit tobacco-related content; you use our services at your own risk

International Users:
• If you access our services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws
• Data may be processed and stored in the United States and other countries as described in our Privacy Policy

To use certain features of Don Vitola, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account

You may not:
• Share your account credentials with others
• Create multiple accounts
• Use another person's account without permission
• Create an account using false information or impersonating others

We reserve the right to suspend or terminate accounts that violate these Terms.

You agree to use Don Vitola only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable laws or regulations
• Infringe on the rights of others, including intellectual property rights
• Upload or transmit harmful, offensive, or inappropriate content
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to our systems or other user accounts
• Use automated systems (bots, scrapers) without permission
• Interfere with or disrupt our services or servers
• Use our services for commercial purposes without authorization
• Promote illegal activities or the inappropriate use of tobacco products
• Reverse engineer, decompile, or attempt to extract source code

We reserve the right to investigate violations and take appropriate action, including account suspension or termination.

You retain ownership of the content you create and upload to Don Vitola, including photos, tasting notes, ratings, and comments ("User Content"). However, by uploading User Content, you grant us:

• A worldwide, non-exclusive, royalty-free license to use, store, display, and process your User Content to provide and improve our services
• The right to create derivative works (such as resized images or AI-generated recommendations based on your data)
• The ability to display your public content to other users if you choose to make it public

You represent and warrant that:
• You own or have the necessary rights to your User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain harmful, offensive, or inappropriate material

We may remove User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

Don Vitola and its original content, features, and functionality are owned by Embark Companies LLC and are protected by international copyright, trademark, and other intellectual property laws.

Our trademarks, logos, and service marks (including the "Don Vitola" name and brand) may not be used without our prior written permission. All other trademarks, logos, and service marks are the property of their respective owners.

You may not:
• Copy, modify, or create derivative works of our services
• Use our content for commercial purposes without permission
• Remove or alter any copyright, trademark, or proprietary notices

Some features of Don Vitola may require a paid subscription. By subscribing:

• You agree to pay the applicable subscription fees
• Subscriptions automatically renew unless canceled
• You authorize us to charge your payment method on a recurring basis
• Fees are non-refundable except as required by law
• We may change subscription prices with advance notice

You can manage your subscription and cancel at any time through your account settings. Cancellation will take effect at the end of the current billing period.

Don Vitola uses artificial intelligence to provide personalized recommendations and insights. You understand and agree that:

• AI-generated content is provided for informational purposes only
• Recommendations are based on algorithms and may not always be accurate
• We do not guarantee the quality or accuracy of AI-generated content
• You should use your own judgment when relying on AI recommendations
• Your interactions with AI features may be used to improve our services

Don Vitola may integrate with or link to third-party services, websites, or content. We are not responsible for:

• The content, policies, or practices of third-party services
• Any transactions between you and third parties
• The availability or functionality of third-party services

Your use of third-party services is governed by their respective terms and policies. We do not endorse or assume any responsibility for third-party services.

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

We do not warrant that:
• Our services will be uninterrupted, secure, or error-free
• Defects will be corrected
• Our services are free of viruses or harmful components
• The results obtained from using our services will be accurate or reliable

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DON VITOLA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Embark Companies LLC (operating as Don Vitola), its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

We may suspend or terminate your access to Don Vitola at any time, with or without cause or notice, including if:

• You violate these Terms
• Your account is inactive for an extended period
• We cease operations or discontinue the service
• Required by law or legal authority

Upon termination:
• Your right to use our services immediately ceases
• We may delete your account and User Content
• Provisions that should survive termination (such as disclaimers and limitations of liability) will remain in effect

You may terminate your account at any time through the app settings. Termination does not relieve you of any obligations incurred prior to termination.

Don Vitola is a platform for cigar appreciation and collection management. We want to be clear:

• Tobacco use has serious health risks
• Content is provided for informational purposes only
• You should be aware of health risks associated with tobacco products
• We recommend consulting healthcare professionals regarding tobacco use

By using our services, you acknowledge that you understand the health risks associated with tobacco products and that Don Vitola is not responsible for any health-related consequences of tobacco use.

To the extent permitted by applicable law, these Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions. For users outside the United States, mandatory local consumer protection laws may also apply.

Any dispute arising from these Terms or your use of Don Vitola shall be resolved through:

1. Informal Resolution: We encourage you to contact us first to attempt to resolve disputes informally through direct communication
2. Applicable Law: Disputes shall be resolved in accordance with the laws applicable to your jurisdiction, recognizing that consumer protection laws may vary by country
3. Individual Basis: To the extent permitted by local law, disputes should be resolved on an individual basis

Nothing in these Terms affects your statutory rights as a consumer that cannot be waived by agreement.

We reserve the right to modify these Terms at any time. When we make material changes:

• We will notify you via email or through the app
• The "Last Updated" date will be revised
• Continued use of our services after changes constitutes acceptance of the new Terms
• You may be required to explicitly accept updated Terms to continue using our services

If you do not agree to the modified Terms, you must stop using our services and may delete your account.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Embark Companies LLC (operating as Don Vitola).

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our consent. We may assign our rights and obligations without restriction.

Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

Language: These Terms are provided in English. Any translations are provided for convenience only.

If you have questions about these Terms of Service, please contact us at:

Embark Companies LLC
Operating as: Don Vitola
Email: support@donvitola.com

We handle all inquiries including:
• Account issues and support
• Privacy concerns
• Legal matters and inquiries
• General questions about our services