BY DOWNLOADING OR USING THE APP, YOU AGREE TO BE BOUND BY THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT HAVE THE NECESSARY PARENTAL CONSENT, DO NOT INSTALL AND/OR USE THE APP.
Use of our App is prohibited by persons under 13 years of age. Minors 13 years of age or older must obtain parental or guardian consent to download and use our App.
You affirm that you are 18 years of age, or possess legal or parental or guardian consent, and are competent to enter into this agreement.
We reserve the right, in our sole and absolute discretion to make changes to how we operate and provide our App, including adding new features and services, modifying existing features and services, or suspending, discontinuing or terminating your access to any or all portions of the App.
Water Tracker, in its sole discretion, may refuse to offer the App to any person at any time. Any license granted herein is effective only until terminated. The license will terminate automatically if you fail to comply with any of the Terms or until revoked by Water Tracker as provided herein. Additionally, Water Tracker may terminate your license to use our App and block future access to the same in its sole discretion. You agree to only register or download the App for yourself personally.
SECTION 1 – PRIVACY
1.1 User Data.
1.3 Our Access to Your Content.
Where permitted by law, we will only access, view, or listen to your Content (defined in section 3.1 below) in limited ways. For example, in order to perform the services, we may need to access, view, or listen to your Content to (a) respond to support requests; or (c) enforce the Terms. Our automated systems may analyze your Content using techniques such as machine learning. This analysis may occur when the Content is sent, received, or stored. From this analysis, we are able to improve the services and to monitor Content that is unlawful or inconsistent with our Terms.
SECTION 2 – USE OF SERVICES AND SOFTWARE
Subject to your compliance with the Terms and the law, you may access and use the services and software.
2.2 Water Tracker Intellectual Property.
We (and our licensors) remain the sole owner of all right, title, and interest in the services or software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the services or software. We reserve all rights not granted under the Terms.
When the services provide storage, we recommend that you also back up your Content elsewhere regularly. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content.
2.4 User-Generated Content.
We may host user-generated content from our users. If you access our services, you may come across user-generated content that you find offensive or upsetting. Your best remedy is to stop viewing the content, and if content is not lawful, report it to Water Tracker (firstname.lastname@example.org). If available, you may also click on the "Report" button to report the offensive user-generated content to us.
2.5 Sample Files.
"Sample Files" means Water Tracker-provided files such as content images, clip art, stock images, or sounds for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files on a stand-alone basis (i.e., in circumstances in which the Sample Files constitute the primary value of the product being distributed), and you cannot claim any rights in the Sample Files.
2.6 Content Files.
"Content Files" means Water Tracker assets provided as part of the services and software. Unless documentation or specific licenses state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative product/content authored by you) into which the Content Files, or derivations thereof, are embedded for your use ("End Use"). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.
SECTION 3 – USER CONTENT User Content.
The App includes features that allow you to create, post, and transmit, and/or store content. You understand that this content may be viewable by others including, but not limited to, those with whom you share the content. You agree that you are solely responsible for your content and that Water Tracker is not responsible or liable for any of this content.
3.1 Content. "Content"
means any material, such as audio files, video files, electronic documents, or images, that you upload and import into the services or software in connection with your use of the services.
3.2 Ownership. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.
3.3 Licenses to Your Content in Order to Operate the services and software.
We require certain licenses from you to your Content in order to operate and enable the services and software. When you upload Content to the services and software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content as needed in response to user driven actions (such as when you choose to share your Content with others). This license is only for the purpose of operating or improving the services and software.
3.4 Sharing Your Content.
Some services and software may provide features that allow you to Share your Content with other users or to make it public. "Share"
means to email, post, transmit, upload, or otherwise make available (whether to us or other users or the general public) through your use of the services and software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. Posting of a Web- story will Share your content on the world wide web and certain aspects may be searchable making it more likely that it appears in web search engine search results. Web-story content is no private and may be viewed by anyone.
(b) Level of Access.
We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be shared and to adjust the setting related to accessing or sharing your Content.
The services and software may allow you to comment on Content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us.
3.5 Termination of License.
You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however.
You have no obligation to provide us with ideas, suggestions, or proposals ("Feedback")
. If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.
3.7 Selling Your Content.
We may allow you to license your Content to other users through our services after agreeing to separate terms.
3.8 Deleting Your User Content.
You understand and agree that Water Tracker may retain, but not display or distribute, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by for display on Water Tracker contests or marketing or included in printed content, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely.
3.9 Content Review.
You acknowledge that Water Tracker has no obligation to pre-screen User Content, including, but not limited to, your User Content, but Water Tracker reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. If Water Tracker reviews Content in connection with its Service or software, you acknowledge that Water Tracker does so for Water Tracker own benefit.
SECTION 4 – YOUR RIGHTS WITH RESPECT TO THE SERVICES
4.1 Water Tracker border services.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the services for your personal use only as permitted by the features of the services.
Subject to the terms and conditions of this Agreement, Water Tracker hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the software on mobile devices owned, leased, or controlled solely by you, for your personal use. To use the software you must have a mobile device that is compatible with the software. You acknowledge that Water Tracker may from time to time issue or require you to upgrade to an upgraded versions of the software. You agree that the terms and conditions of this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the software or any copy thereof, and Water Tracker or its third party partners or suppliers retain all right, title, and interest in the software (and all copies thereof). You may not rent, lease, lend, sell, redistribute or sublicense this App.
4.3 Beta services.
We may make available certain services, including software, that allow you to access and use certain features, technologies, and/or services that are not yet generally commercially released (collectively referred to as the "Beta services"
). In addition to the other provisions in this Agreement, the following additional provisions in this subsection apply to the Beta services.
- The license granted by Water Tracker under this Agreement with respect to the Beta services will automatically terminate upon the release of a generally commercially available version of the applicable Beta services, as otherwise set forth in this Agreement, or as determined by Water Tracker ("Beta Period"). Water Tracker may revoke, modify the permitted use of, or suspend your access to any Beta services at any time and for any or no reason.
- You acknowledge that the Beta services, their existence, their features, their capacities, their capabilities, their thresholds, their limitations, and their mode of operation, any related materials provided by Water Tracker, any beta test results compiled by you, and any other technical, business, product, marketing, and financial information, plans, and data relating to the Beta services are the confidential information of Water Tracker ("Beta Confidential Information"). You agree: (a) to hold the Beta Confidential Information in strict confidence; (b) not to disclose any Beta Confidential Information to any third parties except as authorized by Water Tracker in writing; and (c) not to use any Beta Confidential Information for your own use or for any purpose except as permitted under this Agreement, including testing the Beta services and providing feedback with respect to such Beta services to Water Tracker. You agree to take all practicable measures to protect the secrecy of Beta Confidential Information and avoid disclosure or use of Beta Confidential Information other than expressly authorized herein, which measures will take the form of the highest degree of care that a reasonable person would apply to protect his, her, or its own information of a similar nature and importance. You agree promptly to notify Water Tracker in writing of any misuse or misappropriation of Beta Confidential Information that may come to your attention. All copies of electronic information and data, or tangible items including documents and magnetic media, containing or embodying Beta Confidential Information will be permanently destroyed upon the expiration or termination of the Beta Period or as otherwise requested by Water Tracker.
SECTION 5 – Water Tracker's PROPRIETARY RIGHTS
5.1 Water Tracker Property.
Except for your User Content, the services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Water Tracker Property"
), and all intellectual property rights therein or thereto, are the exclusive property of Water Tracker or its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Water Tracker Property. Use of Water Tracker Property for any purpose not expressly permitted by this Agreement is strictly prohibited. Water Tracker, and all related graphics, logos, service marks and trade names used on or in connection with the services ("Water Tracker Marks")
are the trademarks of Water Tracker and may not be used without permission in connection with your or any third-party products or services.
You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about Water Tracker, the services, or Water Tracker other products or services, including without limitation about how to improve the services or our other products or businesses ("Ideas")
. You hereby grant to Water Tracker a world-wide, royalty free, irrevocable, perpetual license to use, incorporate, or otherwise exploit any Ideas you share or communicate to Water Tracker in any manner that we see fit.
5.3 Partners' Intellectual Property.
Our App my also display or contain certain intellectual property that is owned by our business or marketing partners. Nothing in this Agreement grants you any license or right to copy, modify, sell, reproduce, republish, display, post, create derivative works, reverse-engineer, including in-line linking or mirroring, any of our business or marketing partners intellectual property.
SECTION 6 – USER CONDUCT
6.1 Responsible Use.
The Water Tracker communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the services and software responsibly.
You must not misuse the services or software. For example, you must not: (a) copy, modify, host, stream, sublicense, or resell the services or software;
(b) enable or allow others to use the services or software using your account information; (c) use the software to construct any kind of database;
(d) access or attempt to access the services or software by any means other than the interface we provide or authorize;
(e) circumvent any access or use restrictions put into place to prevent certain uses of the services or software;
(f) share Content, or engage in behavior that violates anyone's intellectual property rights ("Intellectual Property Rights
" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
(g) upload or sharing any Content or User Content that is unlawful, physically harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, or invasive of another's privacy;
(h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) attempt to disable, impair, or destroy the services and software;
(j) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the services or software;
(k) disrupt, interfere with, or inhibit any other user from using the services or software (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
(l) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages; (m) place an advertisement of any products or services in the services except with our prior written approval; (n) use any data mining or similar data gathering and extraction methods in connection with the services; or (o) violate applicable law (including, but not limited to, where applicable, COPPA).
6.3 Use of Music.
The App includes features that allow you to incorporate audio, including copywritten audio files stored on your mobile device ("Music"). You agree not to use the App in any manner that violates the terms of your license for the Music. Also, you agree not to use the App with any Music for which you do not possess a valid license to use the Music in the manner in which you use it. Additionally, you agree to indemnify and hold Water Tracker harmless for all liabilities that it may incur as a result of your use of Music in connection with the App.
6.4 Prohibited Activities.
You agree not to use our App in any manner that could interfere, disrupt, negatively affect, or inhibit others users from fully enjoying the App. You may not send any unsolicited or unauthorized advertising, solicitation, or promotional materials. You may not use any robot, spider, crawler, scraper, or other automated means to extract data from our App. You may not use or attempt to use another's user account. You are not permitted to access or use our App in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction. We reserve the right to limit the availability of our App to any geographical area or jurisdiction. You may not use our App in any manner that infringes on the rights of any third party. If you believe, in good faith, that any of our content infringes your intellectual property rights, you may send a notice of infringement by email or snail mail to:
6.5 Compliance with Laws.
You agree to use the App in accordance with all applicable laws, including, but not limited to, local laws where the App is used and those of Belarus.
SECTION 7 – ACCOUNT
7.1 Account Security.
You accept any responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password safe and secure. You agree not to allow others to use your account or take, or fail to take, actions that will jeopardize the security of your account. If you believe that your account is no longer secure, notify us immediately at email@example.com.
SECTION 8 – FEES AND PAYMENT
The fee for a Subscription will be billed by the Apple iTunes Store or Google Play Store ("Distributor") at the start of your Subscription or, if applicable, at the end of any free trial period, and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription will continue to automatically renew indefinitely, including if you terminate your Account, until your Subscription is canceled in accordance with the Terms of the Disributor. Subscription with a free trial period will automatically renew to a paid subscription.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time. Your subscription will be automatically renewed within 24 hours before the current subscription ends.
Auto-renew option can be turned off
in your Apple ID Account Settings at least 24 hours before the end of the current period. Payment will be charged to Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
8.2 No Refunds.
Water Tracker does not issue any refunds for any products or services purchased on or through Distributor, and we are not obligated to provide any credits for partially used periods.
8.3 Payment Service Provider.
8.4 Taxes and Third-Party Fees.
You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees.
8.5 Certain features of the Service as: weight check, add new drinks, submit more than 3 drinks, analytics may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company or through an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service for a specific time period (together or separately "Purchase").
8.6 To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.
8.7 You authorize us and the App Stores to charge the applicable fees to the payment card that you submit.
8.8 By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
8.9 We may offer a trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
8.10 The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
SECTION 9 -- TERMINATION
9.1 Termination by You.
You may stop using the services and software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
9.2 Termination by Us.
If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 3 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the services or software if:
(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(b) you fail to make the timely payment of fees for the services or software, if any;
(c) you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;
(d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the services or software);
(e) you have repeatedly made complaints in bad faith;
(f) we are required to do so by law;
(g) we elect to discontinue the services or software, in whole or in part; or (h) there has been an extended period of inactivity in your free account.
SECTION 10 – WARRANTIES AND INDEMNIFICATION OBLIGATIONS
10.1 You Promise.
By uploading your Content to the services or software, you agree that you have: (a) all necessary licenses and permissions to use and Share your Content; and (b) the rights necessary to grant the licenses in the Terms.
10.2. Disclaimers of Warranties.
10.2.1services and software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the services. We further disclaim any warranty that (a) the services or software will meet your requirements or will be constantly available, uninterrupted, secure, or error-free; (b) the quality of the services or software will meet your expectations; or (c) any errors or defects in the services or software will be corrected.
10.2.2 If you post your Content on our servers to publicly Share through the services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than Water Tracker; or (c) the inclusion of your Content by third parties on other websites or other media.
SECTION 11 – LIMITATION OF LIABILITY
11.1 Indirect Damages.
SECTION 12 – NO REVERSE ENGINEERING
Except as provided by these Terms, you may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the App, or any part thereof.
12.1 No Modifications, Reverse Engineering.
Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the services or software; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or software. If the laws of your jurisdiction give you the right to decompile the software to obtain information necessary to make the software interoperable with other software, you must first request such information from us.
13.1 Notice to You.
We may notify you by email, postal mail, postings within the services, or other legally accepted means.
13.2 English Version.
The English version of the Terms will be the version used when interpreting or construing the Terms.
Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent.
If any provision contained in these Terms are deemed unlawful, void, or unenforceable, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.
13.5 Complete Agreement.
The Terms of this agreement supersede all prior understandings. This agreement represents the completed agreement and understanding of the parties.
13.6 Questions or Comments.
Water Tracker welcomes your comments or questions. Please send emails to firstname.lastname@example.org
13.7 You may cancel a subscription anytime by turning off auto-renewal through your Apple ID account settings
. To avoid being charged, cancel the subscription in your Apple ID account settings at least 24 hours before the end of the free trial or the current subscription period. You alone can manage your subscriptions. Learn more about managing subscriptions (and how to cancel them) on Apple support page
Last Updated: Aug 30, 2022