Last updated: 02-10-2022
These terms of use (the "Terms") set out the legal framework for the use of the waterdrop® Hydration App (also the "App") and all related services, features and content provided by Waterdrop Microdrink GmbH, with its seat in Vienna / Austria ("waterdrop®").
Each user of the App (a "User") shall read these Terms carefully before installing and/or accessing the App. The Terms form the basis of the legal agreement between the User and waterdrop®.
waterdrop® is the operator of the App. The App offers Users various services to track and measure their individual hydration behaviour. Any use of the App is subject to the Terms. By creating an Account (as defined below) or accessing or using the App, the User accepts and agrees to be bound by the Terms. IF A USER DOES NOT AGREE TO THE TERMS, SUCH USER MAY NOT ACCESS OR USE THE APP.
2. Medical services disclaimer and use at Users own risk
WATERDROP® IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. THE APP ALSO IS NOT INTENDED TO REPLACE PROFESSIONAL NUTRITION OR FITNESS ADVICE.
ANY USER SHALL CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT THE USER’S HEALTH AND SAFETY. A USER SHALL NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING THAT IS READ IN CONNECTION WITH THE APP. ANY USER SHALL ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL IF A USER HAS ANY QUESTIONS OR CONCERNS ABOUT HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN CONDITION OR HEALTH STATUS. IF A USER THINKS THEY HAS A MEDICAL EMERGENCY, THE USER SHALL CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
WATERDROP® DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN THE USER’S COMMUNITY.
All statements, values and other information created or displayed in or by the App are non-binding recommendations only and represent non-specific average values that may deviate - even significantly - in a specific case based on the identity of the User and the specific circumstances of the User.
Each User is responsible to pay attention to the signals of its own body, individual well-being and needs which overrule and have absolute priority to any recommendations created or displayed by the App.
The recommendations displayed by the App are based on recommendations and reference values for water consumption published by the European Food Safety Authority (EFSA) (see EFSA, Scientific Opinion on Dietary Reference Values for water of 25.03.2010, available at https://www.efsa.europa.eu/de/efsajournal/pub/1459). waterdrop® endeavours (but does not guarantee) to continuously adapt the recommendations to the current prevailing state of research.
The App cannot and does not guarantee health-related improvements or outcomes. The use of the App and any information, predictions, or suggestions provided in the App are at the User’s sole risk.
waterdrop® makes no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that is provided through the App and the User agrees and understands that the App is not intended to match or serve the same purpose as a medical or scientific device.
waterdrop® also makes no representations or warranty on the achievement of or possibility to achieve any hydration or other goals pursued by the User through the use of the App.
3. Requirements for using the App
a. Children’s privacy, age restrictions and general conditions
The App is not intended or designed to attract children under the age of 14, waterdrop® does not collect data from any person waterdrop® actually knows to be under the age of 14. To create an Account and access and use of the App the User must fulfil the following conditions:
- The User must be is at least 14 years old.
- The User must have full legal capacity.
If the User is under 18 or does not have full legal capacity, the User’s parent or guardian must review and accept the Terms, and by using the App, the User confirms that its parent or guardian has so reviewed and accepted the Terms. waterdrop® reserves the right to limit the availability to users under the age of 18 of certain content in the App, in it’s sole discretion.
- The User confirms to be a consumer and that he does not use the App for business or other commercial purposes.
b. Restrictions due to export and economic sanctions control
The User represents and warrants not to be located in any country or region that is subject to a U.S. government embargo and is not a denied party as specified in the regulations listed above.
The User agrees to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
4. Data use and restrictions for using the App
The use of and any data or content the User submits through the App is governed by the waterdrop® data protection provisions (see www.waterdrop.com/pages/privacy-policy). To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern. The User agrees not to use the App for any purpose that is prohibited by these Terms. The User is responsible for all of its activity in connection with the App and the User shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. The User acknowledges that any of the following actions will be considered as a material breach of the Terms and is forbidden:
- to resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
- to modify, reverse engineer, decompile or disassemble the App;
- to copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of waterdrop®;
- to permit other individuals to use the App, including but not limited to shared use via a network connection;
- to circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
- to use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- to use or access the App to compile data in a manner that is used or usable by a competitive product or service;
- to use the Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
- to use the Account to engage in any illegal conduct;
- to upload to transmit any communications that infringe or violate the rights of any party;
- to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with the Terms and the Privacy Policy; or
- to upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or website;
- to create or access the App with more than one Account per person; to create an Account under a third party's name;
- to manipulate the User’s tracking data and thereby generate unlawful benefit, e.g. by entering incorrect or non-current tracking data to receive undeserved credits which can be used in the waterdrop® Online Shop.
Any such forbidden use shall immediately terminate the User´s licence to use the App.
5. Use of App
To get full access to the App the User shall take the following steps:
a. Installation of App
The User shall install and operate the App on a mobile phone (with Android and iOS operating system), tablet and other mobile devices. The App can be download via marketplaces (stores) operated by third-party providers, such as the Google Play Store (third-party provider: Google) or the App Store (third-party provider: Apple) which may require the User to accept the respective third-party provider’s terms and conditions.
The App requires for the latest operating systems to fully operate. It is recommended to update to the latest version of the operating system when available.
b. Accepting the Terms and creating an Account
To User is required to create or update an account (the "Account") and will be asked to provide certain personal information which includes its name and e-mail address. The User will also be asked to select for a waterdrop® Club which shall correspond with its place of residency. The User agrees to supply accurate and complete information only and to update that information after it changes.By creating an Account and accessing or using the App, the User accepts and agrees to be bound by the Terms. IF A USER DOES NOT AGREE TO THE TERMS, SUCH USER MAY NOT ACCESS OR USE THE APP.
c. Optimized use of the App
To optimise the use of the App and to achieve meaningful results, the User must provide accurate, current and complete information about themselves and their drinking habits. The recommendations are generated by the App based on the information provided by the User.
Any use of the App is at the User's own risk. The medical disclaimer according to clause 2 shall always be observed.
The App provides further useful information on the use of the waterdrop® Services.
d. Access to waterdrop® Online Shop
The App offers direct access to the online store operated by waterdrop® through www.waterdrop.com ("waterdrop® Online Shop") which is subject to the General Terms and Conditions set out there www.waterdrop.com/pages/terms-of-use.
e. Connection to Hardware
Provided for its availability, the App could be connected to specific hardware produced and distributed by waterdrop® for which the User must obey the respective warnings as well as operating and security conditions.
f. Deletion of Account
By deleting the Account the User irrevocably will lose any content or data saved or entered on the App.
g. Free of charge use
The use of the App is free of charge unless expressly stated otherwise. However, any carrier’s normal rates and fees, such as data charges, will still apply when using the App on a mobile device.
6. Intellectual Property and License to User Content
The App, the software used in connection with the App, and all services and content provided in connection with the App including the design of the App, all text, graphics, computer programs and other works made available (collectively, the "Protected Content") are protected by copyright or other intellectual property laws.
waterdrop® owns all rights, title, and interest in and to the Protected Content as well as the text, images, photos, audio, video, location data, and all other forms of data or communication that waterdrop® creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User content, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, waterdrop® does not grant the User any express or implied rights, and all rights in and to the App the Protected Content and any content is retained by waterdrop®.
To the extent necessary for the use of the App, waterdrop® grants the User the personal, revocable, non-transferable, non-sublicensable and non-exclusive right to access and use the App for personal, non-commercial purposes in accordance with the Terms.
For any content, data, information, messages, posts, tags or other material the User uploads, shares, logs in, posts, submits, enters or otherwise makes available in or by using the App (“User Content”) the User (a) grants waterdrop® a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute the User Content in connection with providing and operating the App and related services and/or for any promotional purposes (for example, by displaying on a waterdrop® website, within the App, in social media, on any website or platform in the internet as waterdrop® may deem appropriate), subject to the Privacy Policy; and (b) agrees to indemnify waterdrop® and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or the User’s failure to comply with the Terms.
waterdrop® reserves the right to review all User Content prior to submission to the App and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
7. Responsibility for User Content
The User is responsible for all User Content.
waterdrop® may, in its sole discretion, screen, monitor, hide, reject or delete content on the App, or delete User Content that violates the Terms or is otherwise objectionable. Under no circumstances shall waterdrop® be liable in any way for any User Content, including but not limited to any errors or omissions in or from any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content displayed via the App.
8. Security measures
The User is solely responsible for taking all reasonable steps to ensure that no unauthorized person has access to the App, a password or the Account. The User is solely responsible for all activities that occur on their mobile device with respect to the App including but not limited to control the dissemination and use of sign-in name and passwords. waterdrop® endeavours (but does not guarantee) to take reasonable security measures to protect Users from unauthorised access to the App or the Account.
The User shall inform waterdrop® immediately of any unauthorised use of the App / Account or any other breach of security.
9. Warranty disclaimer
THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. WATERDROP, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET THE USERS REQUIREMENTS. ANY USE OF THE APP IS SOLELY AT THE USERS OWN RISK; OR, (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE APP. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH USER.
10. Limitation of Liability
IN NO EVENT SHALL WATERDROP, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL WATERDROP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNT THE USER HAS PAID TO WATERDROP FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO EACH USER. WATERDROP, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY THE USER’S USE OR MISUSE OF THE APP.
11. Indemnification
The User agrees to defend, indemnify, and hold waterdrop®, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the User’s violation of the Terms.
12. Third-Party Services
The App may give access to links to third-party websites, apps, or other products or services which are not controlled by waterdrop® in any manner and, accordingly, waterdrop® does not assume any liability associated with such third party services.
13. Amendments, Termination, right to block and refusal of performance
waterdrop® reserves the right to modify these Terms at any time. The User will be informed of this in good time and in a suitable form. The continued use of the App after the effective date of an updated version of the Terms by the User will indicate the User’s acceptance of the Terms as modified.
The User may terminate the Terms by deleting the Account at any time. waterdrop® may terminate the Terms at any time by notifying the User in writing.
If waterdrop® has reasons to suspect that the User is violating the Terms or other conditions underlying the relationship between the User and waterdrop®, waterdrop® has the right to immediately and without prior notice block or terminate the affected User and the associated Account and to refuse to provide any (current or future) service to the User.
By deleting the Account, the User irrevocably loses all content and services posted on the App.
14. Final provisions
If for any reason a court of competent jurisdiction finds any provision of the Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Any cause of action the User may has with respect to the use of the App must be commenced within one (1) year after the claim or cause of action arises.
No waiver of by waterdrop of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of waterdrop® to assert a right or provision under the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Upon termination, all provisions of the Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to the Terms will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
waterdrop® may refuse service, close Accounts, and change eligibility requirements at any time.
Any dispute arising from the Terms shall be governed by the laws of Austria or – as the case may be - the State of California.
These Terms can be viewed by the user at any time at go.waterdrop.com/terms-conditions-app.
In case of comments or questions on any part of the App or any part of these Terms, require support, or have any claims, please contact info@waterdrop.com.
