SOMNIUM SMS TERMS AND CONDITIONS
Effective Date: November 10, 2025
1. INTRODUCTION
These SMS (Text Message) Terms and Conditions (“Terms”) form a legal agreement between Somnium Wine Company, LLC (“Somnium,” “we,” “our,” or “us”) and you, describing the terms applicable to your participation in our SMS messaging program (the “Platform”).
By registering for or using the Platform, you agree to abide by these SMS Terms and Conditions, along with our Privacy Policy and SMS Privacy Policy. If you do not agree, please do not participate in our SMS program.
2. THE PLATFORM
Somnium operates the Platform, which allows opted-in subscribers to receive SMS text messages from us. Subscribers may receive:
- Conversational messages
- Informational updates
- Promotional messages about Somnium products, services, or events
You may also receive texts used to:
- Authenticate your identity
- Confirm orders or bookings
- Provide service-related updates
By providing your mobile number to Somnium, you consent to receive such communications. By opting in, you represent that:
- You are the owner or authorized user of the mobile number provided
- You have authority to consent to receive text messages at that number
- Your consent is not required to make a purchase
- You may opt out at any time
3. OPT-OUT AND HELP
You may cancel the SMS service at any time:
- Reply STOP to any message you receive from us
- You will receive a confirmation message that you have been unsubscribed
- You will no longer receive messages unless you re-enroll
If you need assistance:
- Reply HELP for additional support
- Or contact us at info@somniumwine.com
Additional details:
- Message and data rates may apply
- Message frequency varies by user interaction and preferences
- Wireless carriers are not liable for delayed or undelivered messages
4. CONSENT TO DATA USE AND STORAGE
By providing your mobile number and communicating through the Platform, you consent to Somnium and its service provider, RedChirp, LLC (“RedChirp”), recording and storing SMS messages transmitted through the Platform.
We may collect and process:
- Message content
- Delivery status
- Interaction data (e.g., time of reply or link clicks)
This information may be used to:
- Improve our messaging services
- Verify engagement
- Comply with legal requirements
All message data is handled in accordance with our Privacy Policy and SMS Privacy Policy.
5. CONTENT AND INTELLECTUAL PROPERTY
All content available through the Platform — including text, graphics, images, and descriptions — is the property of Somnium or its content providers and protected by applicable intellectual property laws. You may not:
- Copy, distribute, or modify materials
- Create derivative works from any content accessed through the Platform
6. LINKS AND THIRD-PARTY SERVICES
The Platform may contain links to third-party websites or services. Please note:
- Somnium is not responsible for the accuracy, content, or availability of external sites
- Links do not imply endorsement or affiliation
- Review the terms and privacy policies of any external sites you visit
7. ACCOUNT REGISTRATION AND SECURITY
If registration is required to use the Platform, you agree to:
- Provide accurate, current information
- Not impersonate another person or use another person’s credentials without authorization
You are responsible for:
- Maintaining the confidentiality of your account information
- All activities that occur under your account
You must notify Somnium immediately of any unauthorized use or suspected security breach. Somnium may terminate access for fraudulent, abusive, or unlawful activity.
8. FEES AND PAYMENTS
- Somnium does not charge a fee to use the SMS program.
- Your wireless carrier may apply message and data rates based on your plan.
- Message frequency varies by user activity.
- If the Platform includes any paid features, you will be notified before charges are incurred.
9. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- All materials you submit through the Platform do not infringe on third-party rights
- Your participation will comply with all applicable laws and these Terms
Please note:
- The Platform is provided “as is” and “as available.”
- Somnium does not guarantee uninterrupted, error-free, or secure service.
- Somnium is not responsible for damages resulting from delays, transmission issues, or service interruptions.
- You use the Platform at your own risk.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Somnium and RedChirp from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your breach of these SMS Terms and Conditions
- Your misuse of the Platform
11. LIMITATION OF LIABILITY
Somnium and RedChirp are not liable for:
- Any indirect, incidental, special, or consequential damages resulting from use or inability to use the Platform
- Any delays, errors, or actions of third parties, including carriers
Your sole remedy for dissatisfaction with the Platform is to discontinue participation in the SMS program.
12. TERMINATION
Somnium or RedChirp may suspend or terminate your access to the Platform at any time, with or without notice. Upon termination:
- You will no longer receive SMS messages
- Any data stored on the Platform may no longer be accessible
13. CHANGES TO THESE SMS TERMS AND CONDITIONS
Somnium may update these SMS Terms and Conditions at any time without prior notice.
- The date of the most recent revision will appear at the top of this page.
- Continued participation after changes constitutes acceptance of the revised Terms.
- Material updates may be communicated via email or SMS.
14. GOVERNING LAW
These SMS Terms and Conditions are governed by the laws of the
State of California, without regard to its conflict of law principles.
You agree to the exclusive jurisdiction of:
- The state courts located in Sonoma County, California, or
- The United States District Court for the Northern District of California
15. SEVERABILITY
If any provision of these SMS Terms and Conditions is found invalid or unenforceable, that provision will be removed, and the remaining provisions will remain in effect.
16. CONTACT US
If you have any questions about these SMS Terms and Conditions or Somnium’s text messaging program,
please contact us:
- Somnium Wine Company, LLC
- Mailing Address: PO BOX 307, St. Helena, CA 94574
- Contact Email: info@somniumwine.com
Updated: NOVEMBER 10, 2025
