Terms of Use

PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THE WATERBENT MOBILE APPLICATION OR ITS ASSOCIATED SERVICES (COLLECTIVELY, THE "Service"), YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. ACCEPTANCE OF TERMS

• These Terms constitute a legally binding agreement between you ("User," "you") and Waterbent. ("Company," "we," "our," or "us").
• By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. MODIFICATIONS TO TERMS

• We may revise these Terms at any time at our sole discretion. If we do, we will post the updated Terms in the App and update the "Effective Date" above.
• Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree, stop using the Service.

3. ELIGIBILITY

• You must be at least 13 years old (or the minimum age required by your jurisdiction) to use the Service. If you are under the age of majority, you must have your parent or legal guardian's permission to use the Service.
• By using the Service, you represent and warrant that you meet these eligibility requirements.

4. DESCRIPTION OF SERVICES

• Waterbent is a consumer wellness application that helps users build healthy hydration habits by tracking water intake and sending personalized reminders.
• THE SERVICE IS NOT A MEDICAL DEVICE. INFORMATION PROVIDED IS FOR WELLNESS AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY MEDICAL CONDITION.

5. HEALTH & SAFETY DISCLAIMER

• Always seek the advice of a qualified healthcare professional with any questions you may have regarding a medical condition.
• Reliance on any information provided by the Service is solely at your own risk.

6. PRIVACY & DATA

• Our collection, use, and disclosure of your personal data is governed by the Waterbent Privacy Policy.
• By using the Service, you consent to the processing of your data as described in the Privacy Policy..

7. ACCOUNT REGISTRATION & SECURITY

• You may need to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information and to keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

8. SUBSCRIPTIONS, FEES, & PAYMENT

• Certain features may require a paid subscription. Price, billing cycle, and renewal terms will be disclosed at the point of purchase.
• Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period.
• All fees are non-refundable except as required by law or as expressly set out in these Terms.

9. LICENSE GRANT & INTELLECTUAL PROPERTY

• Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Service for personal, non-commercial purposes.
• We and our licensors retain all rights, title, and interest in and to the Service, including all intellectual property rights not expressly granted to you.

10. USER CONTENT

• "User Content" means any data, entries, text, graphics, or other material that you submit or upload to the Service.
• You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and analyze such content solely for the purpose of operating and improving the Service.
• You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe any third-party rights.

11. PROHIBITED CONDUCT

You agree NOT to:

• Copy, modify, reverse engineer, or create derivative works of the Service;
• Upload any User Content that is unlawful, harmful, or infringes third-party rights;
• Interfere with or disrupt the Service or servers;
• Use the Service for any commercial purpose without our prior written consent;
• Bypass any security measures or access controls of the Service.

12. THIRD-PARTY SERVICES & LINKS

• The Service may contain links to third-party websites or services that we do not control. We are not responsible for their content or practices.
• Your use of third-party services is at your own risk and subject to their respective terms.

13. DISCLAIMER OF WARRANTIES

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE.
• OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $100.

15. INDEMNIFICATION

• You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising out of or relating to your use of the Service or violation of these Terms.

16. TERMINATION & SUSPENSION

• We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms.
• Upon termination, all rights granted to you will cease immediately.

17. GOVERNING LAW & JURISDICTION

• These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of laws principles. Any legal action shall be brought exclusively in the state or federal courts located in Wilmington, Delaware.

18. DISPUTE RESOLUTION

• You agree to first try to resolve any dispute informally by contacting us at admin@waterbent.app.
• If a dispute is not resolved within 30 days, it shall be settled by binding arbitration under the rules of the American Arbitration Association. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

19. SEVERABILITY

• If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.

20. ENTIRE AGREEMENT

• These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

21. CONTACT US

If you have any questions about these Terms, please contact us at:

Waterbent
Email: admin@waterbent.app