Terms of Service
Introduction
These Terms of Service (“ToS”, “Terms”) and the End User License Agreement (“EULA”) govern your use of the “Best Water Tracker” app (the “App”) provided by Palm Bits LLC (“developers”, “us”, “our” or “we”). By accessing or using the App, you agree to be bound by these ToS and the EULA, and our Privacy Policy (which is incorporated herein by reference). If you do not agree to these ToS, the EULA, and our Privacy Policy, do not use the App.
Acceptance and Modifications to Terms
Your use of the App is subject to these ToS, which may be updated from time to time. The most current version of these ToS will be available from the App and will supersede all previous versions. We will make a best effort to communicate any changes to the ToS within the App, but we reserve the right to modify the ToS without prior notice to you. By continuing to use the App, you agree to be bound by any changes made to the ToS. It is your responsibility to review the ToS periodically to ensure that you are aware of any changes made to the ToS. If you do not agree to the modified terms, you must stop using the App.
Disclaimer
You acknowledge and agree that the App is for educational purposes only, and that the use of any information provided is solely at your own risk. You must consult with a doctor or qualified health-care professional before adjusting your water intake or for specific medical needs. The developers of the App expressly disclaim responsibility for any adverse effects that may result from the use or application of information presented.
Ownership and Proprietary Rights
The App and its entire contents, features, and functionality (including but not limited to all intellectual property, information, trademarks, service marks, trade names, logos, images, audio, text, content, design, arrangement, software, and all other materials), are the sole and exclusive property of the developers or their licensors, are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These rights are reserved. You do not have any right to use the App or any of its content or materials, except as expressly set forth in these ToS or through the express written consent of the developers.
User Account
You are not currently required to create an account to use the App. However, you accept and agree that we may make this a requirement in the future. If we do require an account for use, you are solely responsible for maintaining the confidentiality of your account information and any relevant password or third party credentials. You additionally agree to accept responsibility for all activities that would occur under your account.
Use of the App
You may use the App for your personal, non-commercial use only. You agree not to reproduce, duplicate, copy, sell, trade, or resell the App for any purpose. You also agree not to use the App for any illegal or unauthorized purpose, or in a manner that is harmful to others. You may not modify, distribute, or create derivative works based on the App or its content, without the express written consent of the developers. You may not decompile or reverse-engineer the App.
Notwithstanding the above, the Best Water Tracker app may be used by teachers, caretakers, health-care professionals, and individuals or groups in similar capacities where there are dependents involved, for professional purposes, provided that such use is in accordance with all other terms and conditions outlined in these Terms of Service.
User Content
The App allows you to create and share content, including hydration data. You retain all rights in and to any content you create and share using the App. You are responsible for ensuring that you have the right to share any content you create or share using the App, and you agree that you will not share any content that infringes the intellectual property rights of any third party or that is otherwise illegal or harmful.
Multi-User Support
The App allows you to track hydration for other users. By using this feature, you represent and warrant that you have obtained the consent of other people before tracking their hydration.
No Internet Required
The App does not require an internet connection to function. Hydration data is stored locally on the user's device and can be exported at any time.
In-App Advertising
The App includes in-app advertising to support our services. By using the App, you acknowledge and agree to receive such advertising.
Google provides transparency and control over your ad experiences; you can learn more about their policies and practices by visiting Google's Ad and Data Privacy. To manage your preferences or opt-out of personalized ads, visit Google's My Ad Center.
You can also control whether you receive personalized advertisements through an in-app onboarding prompt or from your device settings. For more information, visit Apple's Privacy and Control.
- No Fraudulent Clicks: Clicking advertisements without genuine interest, known as “click fraud” undermines advertising integrity and is prohibited.
- Ad Blocking: The use of ad-blocking technology is prohibited. Our service relies on advertising revenue, and blocking ads impacts our ability to offer and improve the App.
- Report Inappropriate Ads: Should you find an advertisement inappropriate or offensive, we encourage you to report it via the app's feedback tools. We strive to create a respectful environment, though direct control over ad content is limited.
Subscriptions and Cancellations
The App may offer auto-renewable subscriptions for access to premium features or content. Subscription lengths are typically for 1 year and renew annually, although we may have subscriptions with shorter renewal durations. For the benefit of our users, every subscription comes with a free trial.
Payments for auto-renewable subscriptions will be authorized at the confirmation of purchase and will be charged at the end of any applicable free trial. By subscribing, you authorize the App to charge your account on a recurring basis until you cancel.
If you signed up for a free or discounted trial subscription and you don't want to continue service, cancel it at least 24 hours before the trial ends to avoid charges. You may manage your subscriptions and turn off auto-renewal by going to your App Store account settings after purchase or within the App from the Support screen. If you cancel a subscription, it will remain active until the end of the current subscription period. No refunds will be issued for any unused portion of the subscription.
If we discontinue the subscription service, we will not offer a prorated refund. In such a scenario, we will make a best effort to replace the subscription with an equivalent tier of service or digital offering. Note that subscriptions are managed through the App Store and that App Store policies apply. To request a refund, you will need to either contact Apple Support or request a refund using reportaproblem.apple.com.
License
Subject to your compliance with these ToS and the EULA, the developers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App.
Modifications to the App
The developers reserve the right to modify, suspend, or discontinue the App at any time without notice to you. You agree that the developers will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App.
Termination
The developers may terminate your use of the App at any time, for any reason, and with or without notice to you, and without liability to you. Upon termination, your license to use the App will immediately cease and you must cease all use of the App and destroy all copies of the App and its content in your possession.
Disclaimer of Warranties
The App is provided on an “as is” and “as available” basis. The developers make no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, materials, or products included in the App. You expressly agree that your use of the App is at your sole risk.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PALM BITS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, CONTENT OR SERVICE PROVIDERS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF YOUR USE OF THE BEST WATER TRACKER APP OR YOUR INABILITY TO USE THE BEST WATER TRACKER APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE BEST WATER TRACKER APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEST WATER TRACKER APP, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PALM BITS LLC'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PALM BITS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
You agree to indemnify, defend, and hold harmless Palm Bits LLC, its directors, officers, employees, agents, successors, assigns, content or service providers, or other representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Best Water Tracker app using your account.
Dispute Resolution and Mandatory Arbitration
Note that our goal is to amicably and quickly resolve any disputes, so we encourage you to reach out to us as soon as your complaint arises.
You agree to first contact us within 30 days of a dispute, claim, or controversy arising at legal@palmbits.com and attempt to resolve the dispute with us informally. In the unlikely event we are unable to resolve your complaint within 60 days from your initial point of contact, any dispute arising out of or relating to these Terms of Service, the Best Water Tracker app, or the use of the Best Water Tracker app, shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Maricopa County, Arizona. YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO A JUDGE OR JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
Governing Law
These Terms of Service, your use of the App, and any dispute arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law.
General Provisions
These Terms of Service, together with the Privacy Policy and Disclaimer, constitute the entire agreement between you and Palm Bits LLC with respect to the use of the Best Water Tracker app, and supersede all prior and contemporaneous understandings between the parties. If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect. The failure of the developers to enforce any right or provision in these ToS will not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.
Contact Information
If you have any questions or concerns about these ToS, please contact the developers at legal@palmbits.com.
Advertisement Content and Third-Party Practices
The App displays in-app advertisements provided by third-party advertising networks. While we aim to partner with reputable advertising services, the content of the advertisements and the practices of third-party advertisers are not under our control. We are not responsible for the content of the advertisements, including but not limited to the accuracy, legality, or decency of any advertised products, services, or messages. Any dealings or correspondence you have with advertisers found on or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. We encourage you to review the terms and privacy policies of any third-party advertisers or services before engaging with their advertisements.
User Conduct with Advertisements
As a user, your responsible interaction with in-app advertisements is necessary for maintaining a balanced ecosystem that supports our service and respects advertisers:
Violations of these guidelines can lead to action, including restrictions on app usage. Future implementation of user accounts may result in account termination for serious breaches of these terms.
Last updated: April 2, 2024