Terms of Service for AquaCheers

1. Acceptance of Terms

By downloading, installing, or using the AquaCheers mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

Important: AquaCheers is a wellness application designed to promote healthy hydration habits and provide tools for responsible alcohol consumption monitoring. The App provides wellness tools (including hydration tracking) and an optional, age‑restricted alcohol intake tracker for lawful, informational, and awareness purposes only. The App does not promote or encourage alcohol consumption.

2. Description of Service

• Hydration Tracking: Track daily water intake and set goals.
• Social Features (Optional): Connect with friends and view leaderboards with controls over what you share.
• Alcohol Intake Tracker (Age‑Restricted): A tracking tool for lawful‑age users, for awareness/monitoring only.

3. Eligibility and Age Restrictions

• Minimum Age: You must be at least 13 years old to create an account. We do not knowingly collect personal data from children under 13.
• 21+ Only for Alcohol Features: Access to any alcohol‑related features is strictly limited to users 21+ where legal.
• Accurate Information: You must provide truthful age and account details. We may restrict or terminate access for false or misleading information.
• Local Law Compliance: You must comply with all applicable laws (including drinking age, impaired driving, and public consumption laws).

4. Alcohol Policy — No Promotion; User Responsibility

• No Promotion or Encouragement: The App does not promote, endorse, or encourage the purchase or consumption of alcohol. Any alcohol tracking is solely for awareness and self‑monitoring by lawful‑age users.
• No Offers or Advertising: The App does not provide alcohol sales, advertisements, or inducements to consume alcohol.
• User Conduct: You are solely responsible for your decisions regarding alcohol. Do not use the App in a way that violates law, encourages risky behavior, or substitutes for personal judgment.
• Driving and Safety: Never drink and drive. Never operate vehicles or machinery while impaired. The App does not determine fitness to drive or perform tasks.

5. Account Registration and Security

• Maintain the confidentiality of your credentials and restrict access to your device.
• You are responsible for all activities under your account.
• We may suspend or terminate accounts that violate these Terms or present risk to users or the App.

6. Acceptable Use

6.1 Permitted

• Personal wellness and hydration tracking.
• Optional social features consistent with these Terms and your privacy settings.

6.2 Prohibited

• Providing false age or identity information; attempting to bypass age restrictions.
• Harassment, abuse, defamation, or harmful content.
• Illegal, infringing, unsafe, or violent content or activity.
• Promoting or glorifying alcohol consumption or risky behaviors.
• Reverse engineering, scraping, or data mining the App.

7. Health and Safety Disclaimers

• Not Medical Advice: The App provides general wellness tools only and is not a medical device or medical advice. Consult qualified healthcare professionals for medical concerns.
• No Emergency Service: The App is not intended for emergencies. Call local emergency services if needed.
• No Outcome Guarantees: Reminders, insights, or displays are not guarantees of health outcomes or safety.

8. Assumption of Risk

You acknowledge and agree that your use of the App (including any alcohol tracking features) is voluntary and at your own risk. You are solely responsible for your choices and compliance with applicable laws. To the maximum extent permitted by law, you release AquaCheers and its affiliates from any claims arising from your consumption of alcohol, decisions related to alcohol, impaired driving, accidents, injuries, property damage, or legal consequences resulting from your conduct.

9. User Content

• You retain ownership of content you submit (e.g., profile, entries).
• You grant AquaCheers a limited, non‑exclusive, worldwide, royalty‑free license to host, display, and use your content solely to operate, maintain, and improve the App.
• You represent you have rights to the content and it does not violate law or third‑party rights.

10. Privacy

Your use of the App is subject to our Privacy Policy, which explains what we collect, how we use it, and your choices (including in‑app account deletion).

11. Intellectual Property

• The App, including its content and trademarks, is owned by us or our licensors and protected by law.
• We grant you a personal, limited, revocable, non‑transferable license to use the App in accordance with these Terms.

12. Fees

The App is currently free. If we introduce paid features later, pricing and terms will be disclosed clearly before purchase. Some features may not be available in all regions.

13. Termination and Deletion

• By You: You may delete your account in‑app at any time. Account deletion permanently removes your data as described in the Privacy Policy.
• By Us: We may suspend or terminate access for violations, unlawful use, or risk to users, or discontinue the App with reasonable notice where feasible.

14. Disclaimers

• "AS IS": The App is provided "as is" and "as available" without warranties of any kind, express or implied.
• No Warranty: We disclaim all warranties of merchantability, fitness for a particular purpose, and non‑infringement to the fullest extent permitted by law.

15. Limitation of Liability

• To the maximum extent permitted by law, AquaCheers and its affiliates will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of data, goodwill, revenue, or profits.
• Without limiting the foregoing, AquaCheers is not liable for any consequences related to alcohol consumption, impaired driving, violations of law, or other user conduct.
• Our aggregate liability for all claims related to the App will not exceed the greater of (a) the amount you paid to use the App in the 12 months preceding the claim, or (b) USD $0 if you have not paid.

16. Indemnification

You agree to indemnify and hold harmless AquaCheers and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your content; (c) your violation of these Terms or applicable law; or (d) your decisions and conduct related to alcohol or other activities.

17. Changes to the App and Terms

• We may modify or discontinue the App or features at any time.
• We may update these Terms. Material changes will be communicated in‑app or by email and the "Last Updated" date will be revised. Continued use constitutes acceptance.

18. Governing Law; Dispute Resolution

These Terms are governed by the laws of the United States and the state where Powder Peak LLC is registered, without regard to conflict of laws principles. You agree to resolve disputes through good faith negotiation first, and if unsuccessful, through the courts of competent jurisdiction in the United States.

19. Severability; Assignment; Waiver

• If any provision is held invalid, the remaining provisions remain in full force.
• You may not assign these Terms without our consent; we may assign under customary business conditions.
• Failure to enforce a provision is not a waiver.

20. Contact

Questions about these Terms: support@powderpeakllc.com