General
1. Who We Are and Scope of This Document
This document sets out the Terms and Conditions (“Terms”) governing your access to and use of the website Vitolero.com (the “Site”) and the digital services offered through it (the “Services”), and explains how we process your personal data (Sections 15–22, the “Privacy Policy”). The Site is operated by Vitolero (“Vitolero”, “we”, “us”, “our”), a Delaware company. The Site is intended for users located in the United States.
By creating an account, purchasing a Service, or otherwise using the Site, you confirm that you have read, understood, and agree to be bound by this document. If you do not agree, please do not use the Site. For any question or request — including privacy-related ones — contact us through the Site or the app.
2. Nature of the Services
Vitolero.com provides informational digital services and digital content for consumers interested in premium cigars, which may include: editorial content, reviews and ratings, guides and educational materials, cigar identification from photos, curated recommendations, food and drink pairing suggestions, a personal collection/humidor tracker, community features, newsletters, and paid memberships or subscriptions (together, the “Services”).
We do not sell tobacco products through the Site. Nothing on the Site constitutes an offer to sell cigars or other tobacco products, and no Service should be understood as promoting tobacco use to non-smokers or minors.
3. Age Restriction and Minors
3.1. The Site and Services are intended exclusively for persons who are 21 years of age or older, consistent with the federal minimum age for tobacco products in the United States. By using the Site you represent that you meet this requirement. We may request age verification and may suspend or terminate accounts where we reasonably believe this requirement is not met.
3.2. We do not knowingly collect personal data from anyone under 21, and in particular not from children under 13, in accordance with the Children’s Online Privacy Protection Act (COPPA). If we become aware that an underage person has provided us personal data, we will delete it and close the associated account. If you believe an underage person is using the Services, please contact us.
Using the Services
4. Account Registration
4.1. Certain Services require an account. You agree to provide accurate, current, and complete information during registration and to keep it updated.
4.2. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Accounts are personal and may not be sold, transferred, or shared outside your household.
4.3. Notify us immediately if you suspect unauthorized use of your account.
4.4. We may refuse, suspend, or terminate registration where a username impersonates another person, infringes third-party rights, or is offensive, or where these Terms are violated.
5. Orders, Prices, and Payment
5.1. Prices for paid Services are displayed on the Site in US dollars (USD) and are exclusive of any applicable sales or use taxes, which are added at checkout where required.
5.2. A contract between you and us is concluded when we confirm your order by email or activate the purchased Service, whichever occurs first.
5.3. Payments are processed by third-party payment providers. We do not store full card details. Where a payment provider’s own terms apply to the payment transaction, those terms govern the processing of the payment.
5.4. In the event of an obvious pricing or typographical error, we may cancel the affected order before performance and will refund any amount paid.
6. Subscriptions and Renewals
6.1. Paid memberships may renew automatically at the end of each billing period unless canceled before the renewal date. The billing period, price, and renewal terms are stated at the point of purchase.
6.2. You may cancel a subscription at any time via your account settings or by contacting us. Cancellation takes effect at the end of the current paid period; you retain access until then.
6.3. We will notify you in advance of any price changes to recurring subscriptions. If you do not accept a price change, you may cancel before it takes effect.
7. Cancellations and Refunds
7.1. You may cancel a paid subscription at any time as described in Section 6. Cancellation stops future billing; you keep access until the end of the period already paid for.
7.2. Except where required by law or expressly stated at the point of purchase, payments for completed billing periods and for digital content already delivered are non-refundable.
7.3. If a paid Service was unavailable or materially defective for a significant part of a billing period, contact us through the Site or the app — we will work with you in good faith on a remedy, which may include a pro-rated credit or refund.
7.4. Some US states grant specific cancellation or refund rights for automatically renewing subscriptions. Nothing in this document limits any such rights you have under the law of your state of residence.
8. Disclaimer of Warranties
The Site and the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some states do not allow the disclaimer of certain implied warranties, so parts of this section may not apply to you; in that case any such warranty is limited to the shortest period and greatest extent permitted by law.
Content and conduct
9. Intellectual Property
9.1. All content on the Site — including text, articles, reviews, ratings, images, graphics, logos, databases, software, and the selection and arrangement thereof (the “Content”) — is owned by or licensed to Vitolero and protected by copyright, trademark, and other intellectual property laws.
9.2. We grant you a limited, personal, non-exclusive, non-transferable license to access and use the Content for your personal, non-commercial use only.
9.3. Except as permitted by mandatory law, you may not copy, reproduce, republish, distribute, sell, scrape, frame, data-mine, or create derivative works from the Content, in whole or in part, without our prior written permission. You may not decompile or reverse-engineer any software forming part of the Site.
9.4. “Vitolero” and associated logos are our trademarks. Other trademarks appearing on the Site belong to their respective owners; their appearance does not imply endorsement.
10. User Content
10.1. Where the Site allows you to post reviews, comments, photos, or other material (“User Content”), you warrant that you own or have the necessary rights to it, that it is accurate, and that it does not infringe third-party rights or applicable law.
10.2. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute your User Content on the Site and in connection with operating and promoting the Services. This license ends when you delete your User Content or account, except where the content has been shared with others and they have retained copies, or where retention is required by law.
10.3. We may (but are not obliged to) review, moderate, edit, or remove User Content at our discretion, in particular where it violates Section 11.
11. Acceptable Use and Community Rules
You agree not to post or transmit material that:
- is unlawful, defamatory, obscene, threatening, harassing, or hateful, or discriminates on grounds of race, religion, nationality, gender, age, sexual orientation, or disability;
- promotes tobacco use to minors or encourages illegal purchase of tobacco products;
- infringes intellectual property, privacy, or other rights of any third party;
- is false, misleading, or constitutes unauthorized advertising or spam;
- contains viruses or other harmful code, or interferes with the security or operation of the Site;
- impersonates another person or uses another user’s account without permission.
We may suspend or terminate access for violations of these rules. Serious violations may be referred to competent authorities.
12. Third-Party Links and Services
The Site may contain links to third-party websites, lounges, retailers, or services. We do not control and are not responsible for their content, policies, or practices, including how they handle personal data. Any transaction you enter into with a third party is solely between you and that party; please review their terms and privacy policies before proceeding.
13. Disclaimers
13.1. Content on the Site — including cigar reviews, ratings, pairing suggestions, and storage advice — reflects editorial opinion and general information. It is provided for informational purposes and does not constitute professional, medical, or purchasing advice. Reliance on such content is at your own discretion.
13.2. Health notice: smoking is harmful to health. Nothing on the Site should be understood as a claim that tobacco use is safe.
13.3. We use reasonable efforts to keep the Site available and the Content accurate and up to date, but we do not guarantee uninterrupted or error-free operation. Planned maintenance and factors outside our control may temporarily affect availability.
14. Liability
14.1. Nothing in this document excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, or for fraud, gross negligence, or willful misconduct.
14.2. Subject to Section 14.1, to the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, and our total liability arising out of or relating to the Services will not exceed the amounts you paid us in the twelve months before the event giving rise to the claim (or USD 100 if you have made no payments).
14.3. We are not liable for losses caused by your breach of these Terms or by unauthorized use of your account resulting from your failure to keep credentials secure. Some states do not allow certain limitations of liability, so parts of this section may not apply to you.
Privacy
15. What Personal Data We Collect
Depending on how you use the Services, we may collect:
- Account data — name or username, email address, password (stored hashed), and language preferences.
- Age confirmation — a declaration that you are 21 or older, and, where required, age-verification data (Section 3).
- Photos you submit — images of cigars, cigar bands, humidors, drinks, meals, or menus that you upload for identification, troubleshooting, or pairing suggestions. Please avoid including people or other personal information in these photos.
- Preference and collection data — cigars you save, rate, or mark as favorites, your flavor-profile answers, and the contents of your virtual humidor.
- Payment data — our payment providers process your card details (Section 5.3); we receive only confirmation of payment, the plan, and billing history — never your full card number.
- Usage and device data — pages viewed, features used, approximate location (country/city level), device type, browser, operating system, and IP address.
- Communications — messages you send us, support requests, and survey responses.
16. How We Collect Personal Data
We collect personal data:
- Directly from you, when you create an account, upload a photo, save preferences, subscribe, or contact us.
- Automatically, through cookies and similar technologies when you browse the Site, including analytics cookies (we use Google Analytics). You can control cookies through your browser settings.
- From service providers, such as payment processors confirming a transaction.
We do not buy personal data from data brokers and we do not collect data about you from social networks unless you explicitly connect an account.
17. How and Why We Use Personal Data
We use personal data for the following purposes:
| Purpose | Examples |
|---|---|
| Providing the Services | Identifying a cigar from your photo, generating pairing suggestions, maintaining your virtual humidor, managing your subscription |
| Personalization | Tailoring recommendations to your flavor profile and saved cigars |
| Age restriction | Verifying that users are 21+ |
| Improving the Services | Analytics, debugging, measuring which features are used |
| Communications | Service emails, replies to support requests; newsletters only if you opt in |
| Legal compliance and protection | Tax and accounting records, responding to lawful requests, preventing abuse |
We do not use your personal data for third-party advertising, and we never use it to promote tobacco products to minors or non-smokers.
19. Where Data Is Stored
Your personal data is stored and processed in the United States. Some of our service providers may process data in other countries; where that happens, we require contractual safeguards consistent with this document.
20. Data Security & Sensitive Data
We apply technical and organizational measures appropriate to the risk: encryption in transit, hashed passwords, access controls, and least-privilege access for our staff and processors. No internet service can guarantee absolute security, but we review our measures regularly and will notify you and the competent authority of any breach where the law requires it.
We do not intentionally collect special categories of personal data (such as health data, political opinions, or religious beliefs). Please do not include such information in photos, reviews, or messages you submit.
21. How Long We Keep Personal Data
- Account data — for as long as your account exists, then deleted or anonymized within 30 days of closure.
- Uploaded photos — retained while linked to your account; deleted when you remove them or close your account.
- Billing records — retained for the period required by applicable tax and accounting law.
- Analytics data — retained in aggregate form; identifiable analytics data is kept no longer than 14 months.
- Support correspondence — up to 24 months after the matter is resolved.
22. Your Privacy Rights
Depending on your state of residence (for example, under the California Consumer Privacy Act and similar laws in other states), you may have the right to:
- Know and access the personal data we hold about you and receive a copy;
- Correct inaccurate or incomplete data;
- Delete your data, including by deleting your account;
- Data portability — receive data you provided in a machine-readable format;
- Opt out of the sale or sharing of personal data and of targeted advertising — note that we do not sell personal data or use it for third-party advertising;
- Non-discrimination — we will not penalize you for exercising any of these rights.
To exercise any of these rights, contact us through the Site or the app. We will verify your request and respond within the timeframe required by applicable law. You may also use an authorized agent to submit a request where your state's law provides for it.
Final provisions
23. Changes to the Services and to This Document
23.1. We may modify the Services (including features of a subscription) where there is a valid reason, such as legal compliance, security, or technical improvement. If a modification negatively affects your access to or use of a paid Service in more than a minor way, we will inform you in advance and you may cancel and receive a pro-rated refund of any prepaid, unused portion.
23.2. We may amend this document from time to time, for example to reflect changes in the Services or in the law. The “Last updated” date at the top shows the current version. Material changes will be notified to registered users (e.g., by email or a prominent notice on the Site) with reasonable advance notice. If you do not accept the changes, you may terminate your account before they take effect; continued use after the effective date constitutes acceptance.
24. Term and Termination
24.1. You may close your account at any time via account settings or by contacting us.
24.2. We may suspend or terminate your access with immediate effect for a serious breach of these Terms, or with reasonable notice for other legitimate reasons. Where you have paid for a Service you have not yet received and are not in breach, we will refund the unused portion.
24.3. Sections which by their nature should survive termination (including intellectual property, liability, and dispute resolution provisions) shall survive.
25. Governing Law and Dispute Resolution
25.1. This document is governed by the laws of the State of Delaware and applicable federal law of the United States, without regard to conflict-of-laws principles. Nothing in this document limits any mandatory consumer-protection rights you have under the law of your state of residence.
25.2. Before bringing a claim, please contact us — most concerns can be resolved informally. Any dispute that cannot be resolved informally shall be brought in the state or federal courts located in Delaware, and each party consents to their jurisdiction and venue.
25.3. Any claim must be brought within the shortest period permitted by applicable law after the claim arises, and each party waives any right to a class action to the extent such a waiver is enforceable in your state.
26. Miscellaneous
26.1. If any provision of this document is found invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid one that most closely reflects its intent.
26.2. Our failure to enforce any right or provision does not constitute a waiver of it.
26.3. We may assign our rights and obligations under this document to an affiliate or in connection with a merger, acquisition, or sale of assets, provided this does not reduce your rights as a consumer.
26.4. This document, together with any service-specific terms presented at purchase, constitutes the entire agreement between you and us regarding the Site.