Terms of Use
The short version. Logging drinks is free. An optional subscription, bought through Apple, adds extra features, and you can cancel it any time in your Apple account settings. Beverly's numbers are estimates, not medical advice. Brand names and product pictures belong to their owners and are shown only to identify drinks. These terms follow Wyoming law, and there is no arbitration clause.
These Terms of Use ("Terms") are an agreement between you and WaterSparklez LLC ("WaterSparklez," "we," "us" or "our"). They cover the Beverly app for iPhone and iPad (the "App") and this website, beverly.watersparklez.com (the "Site"; together, the "Service"). By downloading or using the Service, you agree to these Terms. If you don't agree, please don't use the Service.
You must be at least 13 years old to use the Service. If you are under 18, you may use it only with the permission of a parent or guardian, who agrees to these Terms for you.
1. The App and Apple
You get the App from Apple's App Store. Your license to use the App is the one in Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms add to the Standard EULA; where the two conflict about your license to the App, the Standard EULA controls.
These Terms are between you and WaterSparklez, not Apple. We, not Apple, are responsible for the App and its content, for its maintenance and support, and for any claims about it, including product liability, legal compliance and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
2. Using the Service
License. Subject to these Terms and the Standard EULA, you may use the Service for your own personal, non-commercial purposes.
Restrictions. You may not: (i) sell, rent, lend, sublicense, distribute or commercially exploit the Service or its content, including the drink catalog; (ii) copy, scrape, harvest or extract the catalog or other content in bulk; (iii) modify, reverse-engineer, decompile or create derivative works of the App, except where the law allows it; (iv) use the Service to build a competing product; or (v) use the Service in any unlawful way, or in a way that harms the Service or other people.
Changes. We may change, suspend or discontinue any part of the Service at any time. We aren't liable to you for doing so, except as described for subscriptions in Section 3.
Ownership. The Service, including the App, its design, the Site and our arrangement of the drink catalog, belongs to WaterSparklez or its licensors. These Terms don't give you ownership of anything, only the right to use the Service as described here.
3. Free features and subscriptions
Free. Downloading Beverly and logging as many drinks as you want is free.
Beverly Pro. Everything beyond logging drinks, as described in the App before you buy, is part of Beverly Pro. You can get it as a weekly or yearly subscription or as a one-time lifetime purchase. The price, the billing period and what is included are shown in the App before you confirm the purchase.
Lifetime purchase. A lifetime purchase is paid once and doesn't renew. It unlocks Beverly Pro for as long as we offer the App, on devices signed in to the same Apple account.
- Billing through Apple. Subscriptions are bought and billed through your Apple account. Apple handles your payment; we never see your payment details.
- Automatic renewal. A subscription renews automatically at the end of each period, at the then-current price, unless you turn off auto-renewal at least 24 hours before the period ends. Your Apple account is charged within 24 hours before each renewal.
- Cancelling. You can cancel any time in your device's Settings under your name, then Subscriptions. Cancelling stops the next renewal; you keep the subscription's features until the end of the period you've paid for.
- Free trials. If we offer a free trial, it turns into a paid subscription when it ends unless you cancel at least 24 hours before. Any unused part of a trial ends when you buy a subscription.
- Refunds. Refunds are handled by Apple under its policies. You can ask for one at reportaproblem.apple.com.
- Restoring. If you reinstall the App or use another device signed in to the same Apple account, use Restore Purchases in the App.
- Price changes. If the price changes, Apple tells you before it applies, and you can cancel before it does.
We may change which features the subscription includes. If we remove a major subscription feature, you may cancel, and Apple's refund process is available for the remaining period.
4. Not medical advice
Beverly helps you keep track of what you drink. It is not a medical device and does not give medical advice, diagnosis or treatment.
- Estimates. Caffeine levels, the bedtime countdown, sleep comparisons and similar figures are estimates. For example, Beverly assumes caffeine halves every 5 hours, while for most people that takes anywhere from 3 to 7 hours.
- Nutrition information. Drink information comes from product labels and public and retail sources, and can be wrong, incomplete or out of date, or can change when a product is reformulated. Check the label on the drink itself when it matters.
- Talk to a professional. If you are pregnant or nursing, take medication, have a heart condition or another medical condition, or have questions about caffeine, sugar or your diet, ask a doctor or other qualified health professional. Don't delay or disregard professional advice because of something in Beverly.
5. Brand names and product images
Product names, logos and packaging images shown in the Service are trademarks of their respective owners, used only to identify drinks. Beverly is not affiliated with, endorsed by or sponsored by them. If you own a mark or an image shown in the Service and have a concern, email support@watersparklez.com and we will respond promptly.
6. What you send us
When you send us a drink request, a problem report, barcode matches or feedback, you give us a perpetual, worldwide, royalty-free, non-exclusive license to use, copy, change and publish it to run and improve the Service, for example by adding a drink or a barcode to the catalog that every user gets. Please don't include personal information in them. We may decline to act on anything you send.
7. Privacy
Our Privacy Policy explains what we collect and how we use it, and is part of these Terms. Your drink history stays on your device.
8. Apple Health and other services
The App can work with Apple services such as Apple Health and iCloud. Your use of those services is governed by Apple's own terms. We aren't responsible for third-party services, and data you share with Apple Health is controlled by you through the Health app.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WATERSPARKLEZ AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE OR ITS NUTRITION INFORMATION WILL BE ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE. WHERE APPLICABLE LAW REQUIRES A WARRANTY, IT IS LIMITED TO 90 DAYS FROM YOUR FIRST USE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WATERSPARKLEZ AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COSTS OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE; AND (B) OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING UNDER THESE TERMS IS LIMITED TO THE GREATER OF $50 USD AND THE AMOUNT YOU PAID FOR THE SERVICE IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. HAVING MORE THAN ONE CLAIM DOES NOT INCREASE THIS LIMIT. Some places don't allow these limits, so they may not apply to you.
11. Indemnification
You agree to defend, indemnify and hold harmless WaterSparklez and its officers, employees and agents from any claims, and reasonable costs and attorneys' fees, arising out of your violation of these Terms or of any law. We will tell you promptly about any claim we learn of, and we may take over its defense at your expense.
12. Ending these Terms
You can stop using the Service at any time by deleting the App. We may suspend or end your access if you violate these Terms. Sections 2 (Restrictions and Ownership), 4 through 6 and 9 through 14 survive the end of these Terms.
13. Governing law and disputes
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules. Any such dispute will be decided only by the state or federal courts located in Wyoming, and you and WaterSparklez consent to their jurisdiction. However, either of us may bring an individual claim in small claims court where it qualifies, and either of us may ask any court with jurisdiction to protect intellectual property rights.
Before going to court, please email support@watersparklez.com so we can try to resolve it informally.
California users: under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by phone at (800) 952-5210. Privacy rights under state law are described in our Privacy Policy.
14. General
Changes to these Terms. We may update these Terms. If we make material changes, we will update the effective date above and tell you in the App or on the Site. Using the Service after the changes take effect means you accept them.
Export. You agree not to use or export the App in violation of U.S. export laws or the laws of other countries.
Electronic communications. You agree that notices we give you electronically, in the App, on the Site or by email, satisfy any legal requirement for written notice.
Accessibility. We aim to make the Site meet the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If something is hard to use, email support@watersparklez.com.
Entire agreement. These Terms, the Standard EULA and the Privacy Policy are the entire agreement between you and WaterSparklez about the Service. If any part is found unenforceable, it will be changed to the minimum extent needed, and the rest stays in effect. Not enforcing a part is not a waiver of it. You may not transfer these Terms without our written consent; we may transfer them.
Contact. WaterSparklez LLC, support@watersparklez.com.