Terms of service
Effective date: January 25th, 2019
Welcome to Drinker’s Helper. Please read on to learn the rules and restrictions that govern your use of our website(s), mobile applications, products, and services (the “Services”).
These Terms of Use (the “Terms”) are a binding contract between you and Drinker’s Helper, LLC (“Drinker’s Helper,” “we” “our” and “us”). When the terms "we", "us", "our" or similar are used in this Agreement, they refer to the company that owns and operates the “Services”, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.
By accessing the Services in any way, you are agreeing to all of these Terms, and these Terms will remain in effect while you use the Services. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. These Terms include the provisions in this document (our Terms & Conditions) as well as those in the Privacy Policy (here). The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.
We may change these Terms by updating our website. Unless otherwise specified by us, all modifications shall be effective upon the update. By using the Services after the changes become effective, you agree to be bound by such changes to the Terms. If you do not agree to the changes, you must terminate access to the Services.
We may freely transfer or assign these Terms or any of its obligations hereunder without consent. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent.
The paragraph headings in these Terms are solely for the sake of convenience and will not be applied in the interpretation of these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms.
The Services
Drinker’s Helper’s Services constitute a purely self-directed moderate drinking or alcohol abstinence educational interactive tool.
The Services do not include the provision of medical care, mental health services or other professional services.
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Services, any part of the Services or the use of the Services, whether to all clients or to you specifically, at any time with or without notice to you.
We are always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.
We may terminate or prevent your use of the Services at our sole discretion for any reason and for any period of time.You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
We do not guarantee that the Services will be uninterrupted or that they will be secure, consistent, timely or error-free.
Your use of the Services
While the Services may provide access to certain general medical information the Services cannot and are not intended to provide medical advice. Nothing on the site or Services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.
You agree, confirm and acknowledge that you are aware of the fact that the Drinker’s Helper bot and its associated Services are not a substitute for outpatient therapy with a licensed qualified professional, inpatient treatment at a licensed facility, or the aid of a medical doctor.
The Services are not intended for diagnosis of medical conditions or mental health issues. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. The content of the Services are not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment.
If you or someone you know has any medical emergency, is in danger or plans to cause harm to others, or feels suicidal, call the relevant emergency service number (911 in the US) immediately. You acknowledge, confirm and agree that the Services are not designed for emergency use as described here and you must not use the Services in these cases.
You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Services.
You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare counselor, by face-to-face appointment, because of information or advice you received via the Services.
The Services may sometimes include or contain content, products or services offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
Your commitments
You hereby confirm that you are at least 21 years old.
You hereby confirm that you are legally able to enter into a contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will start interacting with Drinker’s Helper from your Facebook account therefore this is the name it will use. In addition, you may be required to sign up for an account, and select a password and user name (“Drinker’s Helper User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Drinker’s Helper User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person.
You will not transfer your account to anyone else without our prior written permission.
You hereby confirm and agree that all the information that you provided in or through the Services, and the information that you will provide in or through the Services in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree and confirm that your use of the Services is for your own personal use only and that you are not using the Services for or behalf of any other person or organization.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Services’ systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Services for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, harmful, fraudulent, deceptive, defamatory, or otherwise objectionable or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law; (g) anything that jeopardizes the security of your Drinker’s Helper account or anyone else’s; (h) anything that attempts, in any manner, to obtain the password, account, or other security information from any other user; (i) anything that copies or stores any significant portion of the content and/or share, post or distribute any significant portion of the content elsewhere; (j) anything that decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You confirm and agree that all payment related information that you provided and will provide in the future to the Services, are accurate, current and correct and will continue to be accurate, current and correct.
You confirm and agree to use only payment means (credit cards or others) which you are duly and fully authorized to use.
You agree to pay all fees and charges associated with your use of the Services in a timely basis and according to the fees schedule.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Drinker’s Helper’s) rights. The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, videos, photos, images, illustrations, and more ( the “Content”) are protected by copyright and/or other intellectual property laws.
You understand that Drinker’s Helper owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, creative derivative works based on, or otherwise exploit any of the Services.
There is a monthly subscription fee to be a part of Drinker’s Helper. You must pay all applicable fees for the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Privacy
Drinker’s Helper takes its users’ privacy very seriously (see policy here).
For everything you post, upload, share or otherwise provide to Drinker’s Helper (all User Submissions), you hereby grant Drinker’s Helper a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You grant Drinker’s Helper the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
You agree that the licenses you grant are royalty-free, perpetual, sub-licensable, irrevocable, and worldwide; provided that when you delete your account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users who had access to such User Submissions.
If you review Drinker’s Helper on the App Store, or send us an email with your feedback, you consent to our ANONYMOUS use of your review and/or feedback in our advertisements. We will never disclose your name, but may want to share your specific comments to encourage other users to use the app.
Finally, you understand and agree that Drinker’s Helper, in performing the required steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and any of the foregoing licenses include the rights to do so.
Limitation of Liability
You agree, confirm and acknowledge that we shall not be liable to you or any third party for indirect, incidental, consequential, special, punitive or exemplary damages.
You also agree, confirm and acknowledge that our aggregate liability for damages arising with respect to your use of the Services will not exceed the total amount you have paid to Drinker’s Helper in the 3 months prior to the claim.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Disclaimer of warranty
Drinker’s Helper does not make any representations or warranties concerning any content contained in or accessed through the Services, including suggestions or recommendations of services or products offered or purchased through the Services. We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
You agree that the Services are provided on an ‘as-is’ basis, without warranties of any kind from Drinker’s Helper or others, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
Indemnity
You agree to indemnify Drinker’s Helper, its affiliates, officers, agents, employees, and partners and hold us harmless from and against any and all claims, damages (actual and consequential) losses, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, attorneys’ fees) arising out of or relating to any of the following: (a) your access to or use of the Services; (b) your violation of these terms; (c) non-payment for the Services (d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
Other Notes
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.
This agreement constitutes the entire agreement between you and us You confirm that you have not relied on any promises or representations by us except as set forth in this agreement.
Contact
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us here.
