Terms
&
Conditions
1. Acceptance of Terms
By accessing or using the Drink Safe Tonight mobile application (“App”) and website (“Website”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, do not use the App or Website.
- We reserve the right to modify these Terms at any time.
- Changes are effective immediately upon posting.
- Continued use after changes constitutes acceptance.
2. Description of Service
Drink Safe Tonight is a mobile application that helps users:
- Track alcohol consumption
- Set personal drinking limits based on WHO guidelines
- Send safety alerts to trusted contacts
- Manage safety groups
- Monitor drinking patterns
The App is provided “as is,” and we do not guarantee the accuracy of calculations, alerts, or any other features.
3. User Accounts and Registration
Eligibility:
- You must be at least 18 years old (or the legal drinking age in your jurisdiction, whichever is higher) to use this App
- In the United States, you must be at least 21 years old
- You must have the legal capacity to enter into binding agreements
Account Requirements:
- Provide accurate, current, and complete information
- Maintain confidentiality of account credentials
- Be responsible for all activities under your account
- Notify us immediately of any unauthorized use
Account Termination:
- We may suspend or terminate accounts that violate these Terms
- You may delete your account anytime via App settings
4. User Conduct and Responsibilities
Prohibited Activities:
You agree not to:
- Use the App for illegal purposes
- Impersonate any person or entity
- Harass, abuse, or harm other users
- Send false or misleading alerts
- Interfere with the App’s functionality
- Attempt unauthorized access
- Use automated systems to access the App
- Reverse engineer, decompile, or disassemble the App
- Remove copyright or proprietary notices
User Responsibilities:
- You are responsible for your use of the App
- App is a tool, not a substitute for responsible decision-making
- Use the App at your own risk
- Maintain accurate profile and safety group information
5. Privacy and Data Protection
- Your use is governed by our Privacy Policy (incorporated by reference)
- Key Points:
- Personal information, location data, and usage data may be collected
- Data is used to provide and improve the App
- Information may be shared with third-party service providers
- Security measures are implemented but not guaranteed
- You can request data deletion at support@drinksafetonight.com
6. Intellectual Property
Our Rights:
- All content, features, and functionality of the App are owned by Drink Safe Tonight or its licensors
- Protected by copyright, trademark, and intellectual property laws
- No copying, modification, distribution, or derivative works without written permission
Your Rights:
- You retain ownership of content submitted through the App
- By submitting, you grant us a license to use, display, and distribute it for App purposes
7. Limitation of Liability
Disclaimer of Warranties:
- The App is provided “as is” and “as available” without warranties
Limitation of Liability:
- Not liable for indirect, incidental, special, consequential, or punitive damages
- Not liable for loss of profits, data, or intangible losses
- Not liable for alcohol consumption, alert failures, or inaccurate calculations
Maximum Liability:
- Total liability shall not exceed the amount paid in the 12 months preceding the claim or $100, whichever is greater
Jurisdictional Limitations:
- Some jurisdictions limit exclusions; liability is limited to the maximum extent permitted
8. Disclaimers
Medical Disclaimer:
- App is not a medical device or diagnostic tool
- Does not provide medical advice or treatment
- BAC calculations are estimates only
- Always consult a healthcare professional
Alert Disclaimer:
- No guarantee alerts will be delivered or received
- Delivery depends on network, device, and third-party services
- Users should have backup safety plans
Accuracy Disclaimer:
- Calculations are estimates; individual tolerance varies
9. Indemnification
You agree to indemnify and hold harmless Drink Safe Tonight and affiliates from any claims arising from:
- Your use of the App
- Violations of these Terms
- Alcohol consumption or related activities
- Content submitted through the App
10. Third-Party Services
- The App may integrate with SMS providers (e.g., Twilio), cloud services, analytics, or payment processors
- We are not responsible for third-party service availability, accuracy, or terms
11. Termination
By You:
- Stop using the App anytime
- Delete account via App settings
By Us:
- Immediate termination for violations, illegal activity, or legal requirements
Effect of Termination:
- Access ceases immediately
- Account and data may be deleted (Privacy Policy applies)
12. Changes to Terms
- Terms may be modified at any time
- Notification via Website, App, or email
- Continued use constitutes acceptance
13. Governing Law and Dispute Resolution
Governing Law: USA
Dispute Resolution:
- Under $10,000: Small claims court
- Class action waiver applies
- Injunctive relief may be sought in court
14. Contact Information
- Support: support@drinksafetonight.com
- Business Inquiries: info@drinksafetonight.com
- Legal Matters: legal@drinksafetonight.com
15. Miscellaneous
- Entire Agreement: These Terms and Privacy Policy constitute the entire agreement
- Severability: Unenforceable provisions do not affect others
- Waiver: Failure to enforce any provision is not a waiver
- Assignment: You may not assign; we may assign anytime
- Force Majeure: Not liable for delays beyond our control
- Age Restrictions: Users under 18 (21 in US) prohibited
- Compliance: Users must follow applicable laws
Acknowledgment
By using the App, you acknowledge:
- You have read and understood these Terms
- You agree to be bound by them
- You are of legal age
- You understand the risks of alcohol consumption
- You will not hold Drink Safe Tonight liable
- The App is a tool, not a guarantee of safety