Please read the agreement carefully. By creating an account with us or accessing or using the app, you acknowledge that you are bound by the terms of this agreement and accept and agree to them.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APP.
We may change this agreement at our discretion. We will notify you through the app or by presenting you with a new version of this agreement for acceptance when we make changes that materially alter your rights.
By continuing to use the app after the effective date of an updated version of the agreement, you confirm that you accept the modified agreement.
Terms of Service
These Terms of Service are a legal agreement between you and Offlinefirst LTD regarding the use of the Dropy mobile app.
1.
Consent to Terms of Service
2.
Medical Services Disclaimer
Our company is not a licensed medical service provider and the app does not replace professional medical advice. Furthermore, our app is not capable of diagnosing, treating or curing diseases and other medical conditions. We advise you to consult with a trained physician before making decisions and taking measures that could affect your health and safety or that of relatives or your fetus or baby. Never hesitate to seek professional medical advice just because you read something related to the app. Always consult your doctor if you have questions or concerns about your health or condition. If you notice changes in your health situation, please consult your doctor immediately. If there is a medical emergency, call emergency services immediately or visit the nearest emergency room.
We accept no liability for errors, omissions, unintentional technical inaccuracies and typos in the information provided.
3.
Registration and Authorization
To use the app, you may need to create an account and you will be asked to provide certain personal information, including your name, gender, pregnant, breastfeeding, activity level, location (weather), password and your email address. This information will be kept in accordance with our privacy policy.
You agree that you will provide the company with correct and complete information and that you will update this information if it should change.
To set up an account and access the app, you must be at least 13 years old (16 years old in the EU) and you must not be prohibited by applicable law from using the app.
If you are under 18 years old, a parent or guardian must have read and agreed to the terms of this agreement, and by using the app, your parents confirm that a parent or guardian has read and agreed to this agreement.
4.
Your Use of the App
Any content you enter through the app is governed by Offlinefirst's privacy policy. If there are any discrepancies between this agreement and the company's privacy policy, these terms shall apply. If you submit a question or answer, you are solely responsible for your own communications, the consequences of posting these communications and your reliance on any communications in the public areas. The company is not responsible for the consequences of any communications in the public areas. If you feel threatened or believe that another person is in danger, contact law enforcement. If you think there is a medical emergency, call your doctor or emergency services. As a condition of using this app, you agree not to use this app for purposes prohibited by this agreement. You are responsible for all activities related to the app and must comply with all local, state, national and international laws and regulations and all applicable guidelines. You agree that you will materially breach this agreement if you perform any of the following actions, and agree that you will NOT DO the following:
a. resell, rent, lease, sublicense, distribute or otherwise transfer rights to the app;
b. modify, alter, decompile or disassemble the app;
c. copy, adapt, alter, modify, translate or create derivatives of the app without the written permission of the company;
d. allow other persons to use the app, including sharing over a network connection, except in accordance with the terms of this agreement;
e. circumvent or disable technological features or measures of the app for the protection of intellectual property rights;
f. use the app in connection with any device, program or service that is designed to circumvent technological measures intended to control access to or rights in a record or other work protected under copyright laws of any jurisdiction. This also applies to corresponding attempts.
g. use or access the app to compile data in a manner used or that may be used by a competing product or service;
h. use your account to display, market or transmit commercial advertising, including chain letters, junk email or repeated messages to other persons;
i. use your account to engage in illegal practices;
j. upload communications that restrict or violate the rights of any party for transmission;
k. upload media of any kind containing hate messages, abuse, offensive images or content, obscenities, pornography, sexually explicit material or other material that may lead to civil or criminal liability under applicable laws and regulations or otherwise conflicts with this agreement or the company's privacy policy; or
l. upload material containing software viruses or other computer codes, files or programs designed to interrupt, destroy or limit the functionality of computer software or this website.
Any such prohibited use will result in immediate termination of your authorization to use the app.
5.
Children's Privacy and Age Restrictions
We are committed to protecting children's privacy.
You should be aware that this app is not intended for or designed for children under 13 years of age. We do not collect personal data from persons we know to be children under 13 years of age.
If you are a citizen of the European Union, you must be at least 16 years old to use the app. Insofar as prohibited by applicable law, we do not allow citizens of the European Union who are younger than 16 years old to use the app.
You must be at least 18 years old to use certain features of the app (e.g. some courses, content)
6.
Export Control and Economic Sanctions
The software that supports the app may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations ("EAR"), administered by the U.S. Department of Commerce, trade and economic sanctions administered by the Office of Foreign Assets Control ("OFAC") of the Department of the Treasury, and the International Traffic in Arms Regulations ("ITAR"), administered by the Department of State. You represent and warrant that you (1) do not reside in a country or region subject to a U.S. government embargo, and (2) are not a member of any prohibited groups specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the app nor any related technical data or direct product thereof is exported or re-exported directly or indirectly in violation of such laws and regulations or for purposes prohibited by such laws and regulations.
7.
Use at Your Own Risk
The app cannot promise and does not promise any health-related improvements or results. Use of the app and any information, predictions or suggestions provided within the app is at your own risk. We make no representations or warranties of any kind regarding the accuracy of the data, information, assessments or predictions we provide through the app. You agree and understand that the app is not intended to comply with or serve the same purpose as medical or scientific advice or a medical or scientific device.
8.
Disclaimer for Use by Minors
We carefully examine any material we provide to persons between 13 and 17 years of age through the app to avoid inappropriate or harmful content. We make reasonable efforts to ensure that all materials provided by us in the app are based solely on facts and are scientifically accurate.
Please note that individual ethical views on what is offensive or harmful to minors may differ from the requirements specified for content that may be made accessible to minors under applicable law.
9.
Subscriptions
The mobile application offers a premium subscription that grants you access to additional features, such as access to all beverage types, creation of individual beverages, analysis of drinking behavior, various challenges.
Some of our subscriptions include a free trial period during which you can use the mobile application at no cost. Subscriptions with a free trial period automatically renew to a paid subscription once the trial period expires. If you want to unsubscribe from a paid subscription before we charge according to your payment method, you must cancel the subscription before the trial period expires.
We offer monthly and annual subscription options. Your credit/debit card will be charged via your iTunes account or Google Play with the fee after you have chosen one of the subscriptions and confirmed your purchase. Unless auto-renewal has been disabled, paid subscriptions will automatically renew until you disable this feature in the "Manage Subscriptions" section of your account settings. We will notify you if the price for a subscription is increased and contact you if necessary for your consent to continue. The amount will not be charged earlier than 24 hours before the start of the latest paid subscription period.
10.
Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person gains access to your app passwords and app account. It is your sole responsibility to (1) control the dissemination and use of login names, usernames and passwords; (2) authorize, monitor and control access to and use of your app account and password; (3) promptly contact the company if you believe your account or password has been compromised, or there is any other reason why you want to disable your password. Send us an email at help@dropy.info.
You grant the company and all other persons or entities involved in the operation of this app the right to transmit, monitor, retrieve, store and use your information in connection with the operation of the app. The company assumes no responsibility or liability for any information you provide or for your use or misuse of information or the use or misuse of information by third parties transmitted or received while using the app.
11.
Disclaimer/Limitation of Liability
You use the services at your own risk. Offlinefirst is not liable and assumes no warranty for failure to use, errors or omissions in relation to information, software or other materials, including user material, that is referenced or linked.
The app is operated from various locations and the company makes no representation that the app is suitable for use at all locations. It is possible that the app or certain features are not available at your location; this may vary depending on location. Under no circumstances will the company, its officers, directors or employees be liable for indirect, special, incidental or consequential damages or compensation. Except in cases of intentional misconduct or gross negligence. To the extent permitted by law, Offlinefirst's cumulative liability for direct damages will be limited to the lesser of the following amounts: either the contributions paid by the user or the contributions paid by the user in the last calendar year or one hundred dollars $100.
12.
Third Party Services
The app may give you access to links to websites, apps and other third-party products and services. Offlinefirst does not control third-party services and therefore assumes no liability in any connection with third-party services. You must take appropriate steps yourself to determine whether access to third-party services is appropriate. To protect your personal information and privacy when using third-party services and agreeing to agreements, you must take necessary steps yourself.
13.
Your Feedback
We always appreciate feedback on our app. Unless otherwise stated, any communications you send us or publish in app stores are deemed to be transmitted on a non-confidential basis. You agree that we may publish such content at our discretion. You agree to authorize us to use such content free of charge and to make contextual revisions, modifications, adaptations and changes or make other changes that we deem appropriate.
14.
Enforcement Powers
We are not obligated to monitor access to or use of the app. However, we reserve the right to do so for the purpose of operating and maintaining the app, ensuring compliance with this agreement and complying with applicable legal requirements. We may report illegal actions to law enforcement authorities and cooperate with law enforcement authorities in valid legal proceedings to prosecute users who break the law. We reserve the right to remove content posted in the app or disable access to the app at our discretion at any time and without notice if we determine at our discretion that your content or use of the app is impermissible or violates this agreement.
The company bears no liability or responsibility to users of the app or other persons or entities for the performance or non-performance of the activities described above.
15.
Changes to the App
We may change, expand and improve the app without notice. We may discontinue operation of part or all of the app at any time or selectively disable certain features of the app. Use of the app does not grant you any right to the continued provision and availability of the app. Any modification or deletion of the app or certain features will be carried out at our own and absolute discretion and without further obligations or liabilities to you.
16.
Indemnification
You agree to protect, exclude and hold harmless the company, its officers, directors and employees from and against any claims, actions and demands, liabilities and settlements, including but not limited to reasonable legal and consulting costs resulting from or allegedly resulting from a breach of this agreement.
17.
Notice and Removal Procedure
If you believe that materials accessible on or through the app infringe your copyrights, you may request removal of these materials from the app by contacting Offlinefirst and providing the following information:
Send us an accurate description of the copyrighted work whose copyright you believe is being infringed and an accurate description of where it can be found in the app.
Also send us a statement that the information you sent us is correct and that you, under penalty of perjury, are the owner of the copyright or are authorized to act on behalf of the owner of the copyright. We require a signature or the electronic equivalent of the copyright holder or an authorized representative.
To protect the rights of copyright holders, the company has a policy to exclude subscribers and account holders from the site under appropriate circumstances who repeatedly violate rights.