Terms of Service for Water Reminder - Hydration Tracker

Last Updated: January 2025

1. Acceptance of Terms

Welcome to Water Reminder - Hydration Tracker ("App"), operated by BinaryScript Private Limited ("Company," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of the App. By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use the App.

2. Eligibility and User Accounts

2.1 Age Requirement

The App is intended for users aged 17 years and older. By using the App, you represent and warrant that you are at least 17 years old.

If you are under 18, you must have permission from a parent or legal guardian to use the App.

2.2 User Accounts (Optional)

• Account Creation: You may use the App without creating an account (offline mode)
• Google Sign-In: Optional account creation using Google authentication
• Account Security: You are responsible for maintaining the confidentiality of your account credentials
• Unauthorized Access: Notify us immediately at [email protected] if you suspect unauthorized account access
• Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms

3. License and Restrictions

3.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on your personal mobile device
• Use the App for your personal, non-commercial purposes

3.2 Restrictions

You agree NOT to:

• Modify, adapt, translate, or reverse engineer the App
• Decompile, disassemble, or attempt to derive source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Interfere with or disrupt the App's servers or networks
• Attempt to gain unauthorized access to any portion of the App
• Use automated systems (bots, scrapers) to access the App
• Resell, redistribute, or sublicense the App
• Use the App to transmit viruses, malware, or harmful code
• Impersonate another user or provide false information
• Violate any applicable laws or regulations

4. Subscription and Payment Terms

4.1 Subscription Plans

The App offers both free and premium subscription plans:

• Free Version: Limited features with advertisements
• Premium Subscription: Full features without ads, available as:
  • Monthly subscription (auto-renewing)
  • Annual subscription (auto-renewing, discounted rate)

4.2 Payment Methods

Subscriptions are processed through:

• Global Users: Google Play Billing
• Indian Users: Razorpay payment gateway

Pricing is displayed in the App and in your local currency. Prices may vary by region and are subject to change with notice.

4.3 Free Trial (If Applicable)

We may offer free trial periods for Premium subscriptions. If you do not cancel before the trial period ends, you will be automatically charged for the subscription.

4.4 Auto-Renewal

Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

To cancel auto-renewal:

• Google Play: Go to Play Store > Subscriptions > Water Reminder > Cancel
• Razorpay: Contact [email protected] for cancellation

4.5 Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of your next subscription period. We will notify you of price changes in advance.

Continued use of the Premium subscription after a price change constitutes acceptance of the new price.

4.6 Payment Authorization

By providing payment information, you authorize us (or our payment processors) to charge the applicable fees to your payment method.

You represent that you are authorized to use the payment method provided and that all payment information is accurate and current.

4.7 Taxes

All fees are exclusive of applicable taxes (VAT, GST, sales tax, etc.). You are responsible for paying all applicable taxes associated with your subscription.

5. Refund and Cancellation Policy

5.1 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to Premium features until the end of the paid period.

No partial refunds are provided for unused time in the current billing period.

5.2 Refund Policy

Refunds are subject to the policies of the payment platform. For complete details, please see our Refund Policy.

• Google Play Subscriptions: Refund requests must be made through Google Play. Refunds are at Google's sole discretion within 48 hours of purchase. After 48 hours, contact us at [email protected].
• Razorpay Payments: Refund requests must be submitted to [email protected] within 7 days of purchase. Refunds are at our sole discretion and will be processed within 7-10 business days if approved.

5.3 Refund Exceptions

We do NOT provide refunds in the following cases:

• Unused subscription time after cancellation
• Dissatisfaction with the App after prolonged use (beyond refund window)
• Technical issues caused by your device or internet connection
• Violation of these Terms resulting in account termination

6.1 Not Medical Advice

• The App's recommendations are based on general health guidelines and formulas
• Individual hydration needs vary based on medical conditions, medications, climate, and other factors
• Always consult a qualified healthcare professional before making health decisions

6.2 No Doctor-Patient Relationship

Use of the App does not create a doctor-patient relationship between you and BinaryScript Private Limited or any healthcare provider.

6.3 Medical Emergencies

If you experience a medical emergency, call emergency services immediately. Do not rely on the App for emergency medical assistance.

6.4 Health Conditions

If you have any medical conditions (kidney disease, heart disease, diabetes, etc.), consult your healthcare provider before using the App's recommendations.

7. Intellectual Property Rights

7.1 Ownership

The App and all its content, features, and functionality (including but not limited to software, text, graphics, logos, icons, images, audio, data compilations, and code) are owned by BinaryScript Private Limited and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"Water Reminder," "Hydration Tracker," the App logo, and other marks are trademarks or registered trademarks of BinaryScript Private Limited. You may not use these marks without our prior written consent.

7.3 User-Generated Content

You retain ownership of any content you create in the App (water logs, notes). By using the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing the App's services.

8. Prohibited Uses

You agree not to use the App for any of the following purposes:

• Violating any local, state, national, or international law
• Infringing intellectual property rights of others
• Transmitting harmful code, viruses, or malware
• Harassing, threatening, or harming others
• Collecting or storing personal data of other users
• Impersonating any person or entity
• Engaging in fraudulent or deceptive practices
• Interfering with the security or integrity of the App
• Attempting to access unauthorized areas of the App
• Using the App for commercial purposes without authorization

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

9.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

• The App will be uninterrupted, error-free, or secure
• The results obtained from using the App will be accurate or reliable
• Any defects in the App will be corrected
• The App will meet your specific requirements

9.2 Limitation of Liability

IN NO EVENT SHALL BINARYSCRIPT PRIVATE LIMITED, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or use
• Loss of or damage to property
• Personal injury or death
• Business interruption
• Loss of goodwill or reputation

ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless BinaryScript Private Limited, its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any rights of a third party
• Your use or misuse of the App
• Your user-generated content
• Unauthorized use of your account due to your failure to safeguard credentials

11. App Modifications and Termination

11.1 Modifications to the App

We reserve the right to:

• Modify, suspend, or discontinue the App (or any feature) at any time
• Update, change, or remove content from the App
• Change or discontinue free or premium features
• Impose limits on certain features or restrict access

We will provide reasonable notice of significant changes when possible, but we are not obligated to do so.

11.2 Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent or illegal activity
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Technical or security issues

11.3 Termination by You

You may stop using the App at any time. To delete your account and data, contact us at [email protected].

11.4 Effect of Termination

Upon termination:

• Your license to use the App will immediately cease
• You must cease all use of the App and delete it from your devices
• Termination does not relieve you of payment obligations incurred prior to termination
• Sections that by their nature should survive termination will survive (e.g., Limitation of Liability, Indemnification, Governing Law)

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms and your use of the App shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in India for the resolution of any disputes arising from or related to these Terms or the App.

12.3 Dispute Resolution

Before filing a lawsuit, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

If we cannot resolve the dispute within 30 days, either party may pursue legal action.

12.4 Class Action Waiver

You agree to resolve disputes with us only on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this document
• Post the revised Terms in the App and on our website
• Notify you of material changes via email or in-app notification (if applicable)

Changes become effective on the "Last Updated" date. Your continued use of the App after changes are posted constitutes your acceptance of the revised Terms.

If you do not agree to the modified Terms, you must stop using the App.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any Term shall be deemed a further or continuing waiver of such term or any other term.

16. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BinaryScript Private Limited regarding the App and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Information

If you have any questions, concerns, or disputes regarding these Terms, please contact us:

BinaryScript Private Limited
Email: [email protected]
Subject Line: "Terms Inquiry - Water Reminder - Hydration Tracker"
Support Hours: Monday - Friday, 9:00 AM - 6:00 PM IST
Response Time: We aim to respond within 7 business days.

18. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.