Drinkyin

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Drinkyin Terms of Use

Effective date: [[EFFECTIVE_DATE]]
Last updated: [[EFFECTIVE_DATE]]
Version: 1.0

These Terms of Use (the "Terms") are a legal agreement between you and [[LEGAL_ENTITY]] ("Drinkyin," "we," "us," or "our"). They cover your use of the Drinkyin mobile app for iOS and Android, the Drinkyin web app / installable PWA at https://drinkyin.com, and any related features, websites, and support (together, the "Service").

If you live in the United States, please read Section 19 carefully. It requires most disputes to be resolved by binding individual arbitration instead of in court, and it waives class actions and jury trials. You can opt out within 30 days — Section 19.7 explains how.

How we handle your information is explained in our Privacy Policy and our Consumer Health Data Privacy Policy. Please read them: they describe what happens to your data when you use the features these Terms describe.

0. The short version

This summary is for orientation only; the numbered sections below control.

QuestionAnswer
Can I use Drinkyin without an account?Yes. Drinkyin works fully offline. These Terms still apply to your use of the app.
Is Drinkyin medical advice?No. Goals, totals, reminders, and nudges are general information, not medical, nutrition, or safety advice (§5).
What about alcohol?Alcohol features are only for people of legal drinking age where they live. We do not sell alcohol (§2.3, §6).
Who owns what I log?You do. We only get the permission we need to run the Service for you (§7).
What is not allowed?Harassment, illegal or sexual content, impersonation, scraping, and attacking the Service, among others (§8, §9).
How do I leave?Delete individual logs, clear the data on your device, or delete your account in the app at any time (§15).
How are disputes handled?In the US, by individual arbitration, with an opt-out (§19). In Canada, by the courts of your province (§20).

1. Accepting these Terms

2. Who can use Drinkyin

2.1 Minimum age

You must be at least 13 years old to use Drinkyin. The Service is not directed to children under 13. If we learn that an account belongs to a child under 13, we will delete it.

2.2 Minors

If you are under the age of majority where you live (18 in most US states; 18 or 19 depending on your Canadian province or territory), you may use Drinkyin only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of the Service.

Alcohol-related features — the Beer and Alcohol categories, alcohol by volume (ABV) values, and any alcohol-related content — are intended only for users who are of legal drinking age where they live: 21 in the United States, and 18 or 19 depending on the province or territory in Canada. If you are under that age, do not log alcoholic drinks or use alcohol-related features. By logging an alcoholic drink you confirm that you are of legal drinking age where you live.

2.4 Eligibility

You may not use the Service if you are barred from doing so under applicable law, or if we have previously suspended or removed your access.

3. The Service

3.1 What Drinkyin does

Drinkyin lets you log the drinks you have, follow your hydration toward a daily goal, see nutrition totals, history and reports, keep a collection of the drinks and drinkware you use, set drink reminders, look up a product by barcode, find drink shops nearby, and see weather-based hydration suggestions.

Some features — for example cloud sync, public check-ins, public profiles, following other people, and business listings — may not be available in every version of the app or in every region.

3.2 Local mode and account mode

3.3 Changes and availability

Drinkyin is currently offered free of charge. We may add, change, suspend, or discontinue features at any time. Where we remove a feature you rely on in a way that materially affects you, we will give you reasonable notice where practicable. We work to keep the Service available, but we do not guarantee that it — including cloud sync, reminders, or any third-party data source — will be uninterrupted, timely, or error-free.

4. Your account

5. Health, nutrition, and safety — please read

5.1 Not medical advice

Drinkyin is a general-wellness and self-tracking tool. It is not a medical device, it is not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition, and using it does not create any doctor–patient or other professional relationship. Hydration goals, nutrient targets, goal alerts, reminders, reports, and weather-based suggestions are general information calculated from numbers you enter and from public data.

5.2 Talk to a professional first

Consult a qualified health professional before relying on Drinkyin to change how much you drink, or how much caffeine, sugar, sodium, or alcohol you consume — especially if you are pregnant or breastfeeding; have kidney, heart, liver, or any other condition affecting fluid or electrolyte balance; have been told to restrict fluids, sodium, sugar, or caffeine; have diabetes or a history of disordered eating; or take medication that interacts with caffeine or alcohol.

5.3 Do not over-hydrate

Drinking a large amount of water in a short time can be dangerous (it can lead to a condition called hyponatremia). A daily goal is a target, not a requirement. Never force yourself to reach it. If you feel unwell, stop and seek medical help.

5.4 Nutrition and allergen information may be wrong

Nutrition, caffeine, ingredient, ABV, and serving-size information comes from our drink database, from Open Food Facts (a crowd-sourced database), from businesses, and from what you type. It may be incomplete, out of date, or wrong, and the same drink can differ by location, recipe, or serving.

The allergy and "watch out for" tags you save are reminders for you. Drinkyin does not screen drinks for allergens and cannot guarantee that any drink is free of any ingredient. Always read the product label, and ask the seller if you have an allergy or intolerance.

5.5 Caffeine and alcohol

Caffeine and alcohol totals, and any alert about a target you set, are estimates — they are not a safe limit. Drinkyin never tells you that it is safe to drive, work, or operate machinery. Never drink and drive. If you are concerned about your drinking, talk to a health professional; in the United States you can also call the SAMHSA National Helpline at 1-800-662-4357.

5.6 Emergencies

Drinkyin is not monitored and cannot help in an emergency. If you think you may have a medical emergency, call 911 or your local emergency number immediately.

6. Alcohol

7. Your content

7.1 What it is

"Your Content" means what you put into the Service: your drink logs, custom drinks, ratings, favorites and wishlist, drinkware, goals and preferences, your username, display name, and avatar, and — where those features are available — public check-ins and business listings.

7.2 You own it

You keep all rights you have in Your Content.

7.3 The permission you give us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, and display Your Content, solely to operate, secure, and improve the Service for you, and to show content you choose to make public to other users in accordance with your settings. We may let our service providers exercise this license only as needed to provide their services to us.

We do not sell Your Content, use it for advertising, or use it to train machine-learning models (see the Privacy Policy).

This license ends when you delete the content or your account, except for (a) content you made public that other people have already seen or saved, (b) copies in backups that are overwritten on a rolling basis, and (c) anything we are required by law to keep.

7.4 Your responsibility

You are responsible for Your Content. You confirm that you have the rights needed to share it, and that it does not break the law or these Terms. Do not upload a photo of another person as your avatar without their permission.

7.5 Public content

A drink log is private unless you choose to make it public, and this version of Drinkyin gives you no way to make one public — the community feed is turned off. In versions that include the feed, making a check-in public lets anyone using Drinkyin see it together with your profile. Making it private again stops it being shown from then on, but cannot recall what other people have already seen or saved.

If you run a Business Account, what you publish for the business — its name, @username, verified badge, shops, and menu — is public to everyone using Drinkyin, and your own drink log stays private.

7.6 Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

8. Community rules

These rules apply wherever Drinkyin lets people see each other's content (public check-ins, profiles, usernames, avatars, and business listings).

There is no tolerance for objectionable content or abusive users. You may not post content that:

Reporting and blocking. Where community features are available, you can report content or users and block users. We review reports promptly and aim to act within 24 hours, including by removing content and suspending or removing the account responsible. We may also filter content automatically. We do not pre-screen content and are not responsible for what other users post, but we may remove any content at our discretion.

9. Acceptable use

You may not, and may not help anyone else to:

  1. use the Service in violation of any law or anyone else's rights;
  2. impersonate any person or organization, or misrepresent your affiliation;
  3. infringe anyone's intellectual property, privacy, or publicity rights;
  4. scrape, crawl, harvest, or bulk-download data from the Service — including our drink database or other users' public content — or access the Service by automated means, except as we expressly permit;
  5. reverse engineer, decompile, or disassemble the app, except to the extent the law allows despite this restriction;
  6. bypass or probe security measures, rate limits, or access controls (good-faith security research reported privately to [[SUPPORT_EMAIL]] is welcome);
  7. interfere with or disrupt the Service, or introduce malware;
  8. create accounts by automated means, or to evade a suspension;
  9. sell, resell, rent, or commercially exploit the Service; or
  10. use the Service or its data to build a competing product or database.

10. Business accounts (beta)

Business Accounts are a beta feature: they may change, have gaps, or be withdrawn, and we make no promise about their availability. A Business Account is added to your personal account — you sign in and choose a username first.

If you add one:

Verification. The verified badge means we have confirmed that the account controls at least one of the business's own public channels — its website, an official social account, or the phone number on its public map listing — using a code we issue to the account. It does not mean we have checked anyone's identity, the business's licenses, or the accuracy of its menu. Verification is at our discretion: we may ask for another channel, refuse it, or revoke the badge at any time, including when a channel changes hands.

Ownership disputes and reports. If someone else has registered your business, email [[SUPPORT_EMAIL]] with the subject "Business claim." We verify you the same way and may then rename, unverify, or remove the other listing and suspend the account behind it (§15.2). To report an inaccurate or offensive business listing, email the same address with the subject "Report a listing."

We may publish additional terms for Business accounts; if we do, they apply in addition to these Terms.

11. Third-party services, data, and brands

Drinkyin relies on services and data from third parties. Your use of them is also subject to their own terms, and we are not responsible for them.

12. Intellectual property

12.1 Our rights and your license to use the app

The Service — including the software, design, text, graphics, the Drinkyin name and logo, and our compilation of drink data — belongs to us or our licensors. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the app on devices you own or control, for your personal, non-commercial use (or, for a Business account, for your business's use of the Business features). No other rights are granted.

Open-source components included in the app are licensed under their own licenses, which govern those components.

If you believe content in Drinkyin infringes your copyright or trademark, email [[SUPPORT_EMAIL]] with the subject "Copyright complaint" (or "Trademark complaint") and include:

  1. identification of the work or mark you believe is infringed;
  2. identification of the content you want removed, with enough detail for us to find it;
  3. your name, address, telephone number, and email address;
  4. a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law;
  5. a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and
  6. your physical or electronic signature.

We may forward your notice to the person who posted the content. If your content was removed and you believe that was a mistake, you may send a counter-notice to the same address. We terminate the accounts of repeat infringers in appropriate circumstances.

13. Paid features

The Service is currently free. If we offer paid features in the future — for example premium themes or a subscription — they will be sold through the Apple App Store or Google Play. The price and terms will be shown before you buy. Billing, renewals, cancellations, and refunds are handled by that store under its terms. Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period in your store account settings. We will never charge you without your action, and nothing in these Terms limits any refund right you have under law.

14. Privacy

Our Privacy Policy and Consumer Health Data Privacy Policy describe how we collect, use, and share information. Those documents are how we meet our privacy obligations to you; please read them.

15. Ending your use of the Service

15.1 You can leave at any time

You can stop using Drinkyin whenever you want.

15.2 Suspension and termination by us

We may suspend or end your access, or remove content, if you break these Terms, if your use creates a risk or legal exposure for us or for other users, or if the law requires it. Where practicable and legally permitted, we will tell you why, and you may contact us at [[SUPPORT_EMAIL]] to ask us to reconsider.

If we decide to discontinue the Service entirely, we will give at least 30 days' notice where practicable and, on request, provide a reasonable way to obtain a copy of your synced data.

15.3 What survives

Sections 5, 7.6, 11, 12, and 16 through 23 survive the end of these Terms.

16. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

In particular, we do not warrant that nutrition, caffeine, allergen, or alcohol information is accurate or complete; that reminders will be delivered or delivered on time (your device's operating system can delay or block notifications); that sync will never lose data; or that the Service will be error-free or uninterrupted.

Nothing in these Terms excludes any warranty or right that cannot be excluded under the consumer protection law that applies to you.

17. Limitation of liability

To the maximum extent permitted by law:

These limits do not apply to liability for our fraud, gross negligence, or willful misconduct, for death or personal injury caused by our negligence, or to any liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnity

To the extent permitted by law, you will indemnify and hold us harmless from third-party claims, and related losses and reasonable costs, arising from Your Content, your use of the Service in breach of these Terms, or your violation of any law or anyone else's rights. This section does not apply to you to the extent it is prohibited by the consumer protection law of your jurisdiction.

19. Dispute resolution — United States residents

19.1 Who this section applies to

This Section 19 applies only if you live in the United States.

19.2 Try to resolve it informally first

Before starting arbitration or a court case, send a written notice to [[SUPPORT_EMAIL]] with the subject "Legal notice," including your name, the email address of your account (if any), a description of the dispute, and the relief you want. We will do the same by emailing the address on your account. Both of us will try in good faith to resolve the dispute within 60 days. Any limitation period is paused during those 60 days.

19.3 Binding individual arbitration

If we cannot resolve the dispute informally, you and we agree that any dispute arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, and not in court. The Federal Arbitration Act governs this agreement to arbitrate. The arbitrator decides all issues, except that a court decides questions about the scope, enforceability, and validity of Section 19.5. Hearings may be held by video or telephone, or in person in the county where you live. Fees are governed by the AAA's consumer fee schedule; if you show that arbitration costs would be prohibitive compared with litigation, we will pay as much of them as the arbitrator finds necessary to prevent that.

19.4 Exceptions

Either of us may instead bring an individual claim in small claims court if it qualifies. Either of us may ask a court for an injunction to stop the misuse of intellectual property. Claims that by law cannot be arbitrated are not covered.

19.5 Class action and jury trial waiver

You and we may bring claims against each other only individually, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and we each waive the right to a jury trial. If this waiver is found unenforceable for a particular claim or request for relief, that claim or request will be decided in court, not in arbitration, after any individual arbitration is complete.

19.6 Multiple similar claims

If 25 or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, the AAA's supplementary rules for multiple case filings apply, and the cases may be administered in batches.

19.7 How to opt out

You may opt out of this arbitration agreement by emailing [[SUPPORT_EMAIL]] with the subject "Arbitration opt-out" within 30 days after you first accept these Terms. Include your name and the email address of your account (or say that you do not have one). Opting out does not affect any other part of these Terms.

19.8 Changes to this section

If we make a material change to this Section 19, you may reject it by emailing [[SUPPORT_EMAIL]] within 30 days of the change; the previous version then continues to apply to you.

19.9 Where court cases go

Any claim that is not arbitrated will be brought only in the state or federal courts located in [[VENUE]], and you and we consent to their jurisdiction — except that you may always use small claims court where you live.

20. Governing law

21. Additional terms for app store downloads

21.1 Apple App Store

If you downloaded Drinkyin from the Apple App Store:

  1. Acknowledgement. These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content. These Terms may not provide usage rules that conflict with the Apple Media Services Terms and Conditions in effect on the date you accept them.
  2. Scope of license. Your license to use the app is non-transferable and limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
  3. Maintenance and support. We are solely responsible for providing maintenance and support for the app as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support.
  4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility.
  5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession and use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  6. Intellectual property claims. If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
  7. Legal compliance. You represent that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
  8. Developer contact. Questions, complaints, or claims about the app should be directed to [[LEGAL_ENTITY]], [[MAILING_ADDRESS]], [[SUPPORT_EMAIL]].
  9. Third-party terms. You must comply with applicable third-party terms, such as your wireless data service agreement, when using the app.
  10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21.2 Google Play

If you downloaded Drinkyin from Google Play, the Google Play Terms of Service and Google Play policies also apply to you. Google is not a party to these Terms and is not responsible for the app.

22. Changes to these Terms

We may update these Terms. For material changes, we will notify you in the app and, if we have your email address, by email at least 14 days before the change takes effect. If you keep using the Service after the effective date, you accept the updated Terms. If you do not agree, stop using the Service and delete your account. Changes do not apply to a dispute that either of us had already notified the other of before the change.

23. General

24. Contact

[[LEGAL_ENTITY]]
[[MAILING_ADDRESS]]
Email: [[SUPPORT_EMAIL]]

This document is drafted to match Drinkyin's actual features as of version 1.0.0. It is not legal advice. Have counsel qualified in your jurisdiction review it — especially Sections 17 through 20 — before you publish it.