Terms of use for the waterdrop® Hydration App
Last updated: 16.06.2021
These terms of use (the "Terms") set out the legal framework for the use of the waterdrop® Hydration App and the services provided therein by waterdrop® Microdrink GmbH, which has its registered office in Vienna, and is registered in the Austrian commercial register under FN 449685b ("waterdrop®").
Users of the waterdrop® Hydration App (the "Users", each one a "User") should read these Terms carefully before installing the waterdrop® Hydration App. The Terms form the basis of the user contract between waterdrop® and the User (see clause 5.2 for the conclusion of the contract).
1. Subject matter of the contract
waterdrop® operates the waterdrop® Hydration App through which waterdrop® offers users of the waterdrop® Hydration App various services to record and measure their individual hydration behavior (the "waterdrop® Services").
Use of the waterdrop® Hydration App is permitted exclusively in accordance with these Terms. These Terms form the basis of the user contract that is concluded between waterdrop® and the User (see clause 5.2 on the formation of the contract). The subject of the user contract is the use of the waterdrop® Hydration App and the waterdrop® services offered under it to the User.
In addition to these Terms, further legal provisions shall apply between waterdrop® and the User: These include in particular the data protection provisions (see Privacy Policy), the General Terms and Conditions when using the online store operated by waterdrop® through the website en.waterdrop.com ( "waterdrop® Online Shop") as well as operating and security conditions relating to hardware.
2. Requirements for using the waterdrop® Hydration App
General conditions
It is a condition for the use of the waterdrop® Hydration App that the User
- is at least 14 years old (or if the User has not yet reached the legal minimum age for concluding such contracts in the country concerned, has parental consent to use the waterdrop® Hydration App);
- has full legal capacity; and
- is a consumer and does not use the waterdrop® Hydration App or the waterdrop® Services for business or other commercial purposes.
Registration requirement
To use the services provided through the waterdrop® Hydration App, the User is required to register by providing certain essential information (such as name, age, gender, favourite colour).
To use special functions of the waterdrop® Hydration App (e.g. collection of waterdrop® Club points), the User must also be a member of the waterdrop® Club (see clause 5.3 below).
3. Free services and online shop
The use of the waterdrop® Hydration App and the waterdrop® services is free of charge, except where it is expressly stated that there is a charge.
The waterdrop® Hydration App also offers direct access to the online shops operated on the website en.waterdrop.com (the "waterdrop® Online Shop"). The use of the waterdrop® Online Shop is based on the General Terms and Conditions, Terms of Use and Privacy Policy.
4.
Health advice
All statements, values and other information created or displayed in the use of the waterdrop® Hydration App are recommendations only and non-specific average values that may deviate - even significantly - in a specific case based on the identity of the User and the specific circumstances of the User.
Each User is responsible for paying attention to the signals of their own body, individual well-being and needs. These must always take absolute precedence over the recommendations made in the use of the waterdrop® Hydration App.
The recommendations displayed when using the waterdrop® Hydration App are based on recommendations and reference values for water consumption published by the European Food Safety Authority (EFSA) (see EFSA, Scientific Opinion on Dietary Reference Values for water of 25.03.2010, available at https://www.efsa.europa.eu/de/efsajournal/pub/1459). waterdrop® endeavours (but does not guarantee) to continuously adapt the recommendations to the current prevailing state of research.
No substitute for medical advice / nutrition or fitness advice: The services offered and information provided within the waterdrop® Hydration App are not medical or doctors’ advice or nutrition or fitness advice, nor do they replace the such advice.
For the avoidance of doubt, waterdrop® makes no representations or warranties to the User regarding the achievement of any hydration or other goals pursued by the User through the use of the waterdrop® Hydration App.
waterdrop® accepts no liability whatsoever for any (health or physical) damage or impairments that occur to the User due to or in connection with the use of the waterdrop® Hydration App.
5. Utilisation process
To use the waterdrop® Hydration App, the User must observe the following:
5.1 App installation and app operation
The User can download and install the waterdrop® Hydration App via marketplaces (stores) operated by third-party providers, such as the Google Play Store (third-party provider: Google) or the App Store (third-party provider: Apple). It is pointed out that the User may also have to comply with the terms and conditions or guidelines of the respective third-party provider.
The waterdrop® Hydration App can be installed and operated on mobile phones (with Android and iOS operating system), tablets and other mobile devices. The waterdrop® Hydration App only works correctly with current operating systems. Ideally, the current version of the operating system should always be installed.
5.2 Agreement to the Terms
After the installation process has been completed, the User must declare that they agree to these Terms. This concludes the user contract between waterdrop® and the User.
5.3 Registration
To use the waterdrop® Hydration App, the User must register once and provide certain essential information about themselves (such as name, age, gender, favourite colour). The user can then log in again at any time via the waterdrop® Hydration App.
Users also have the option to log in with their waterdrop® Club account to use additional functions of the waterdrop® Hydration App. The waterdrop® Club account is the email address / password combination that the User uses on the waterdrop® website.
If the User does not yet have a waterdrop® Club account, he can open one directly via the waterdrop® Hydration app or via the website.
5.4 Notes on optimal use of the app
The use of the waterdrop® Hydration App and the waterdrop® services is at the User's own risk. The health advice in clause 4 must always be observed.
In order to optimise the use of the waterdrop® Hydration App and to achieve meaningful results, the User must provide accurate, current and complete information about themselves and their drinking habits. The recommendations are generated by the waterdrop® Hydration App based on the information provided by the User.
5.5 De-installation of the waterdrop® Hydration App
By uninstalling the waterdrop® Hydration App, the User will irrevocably lose all content saved or entered on the waterdrop® Hydration App. Uninstalling the waterdrop® Hydration App does not delete the waterdrop® account.
6. Security measures
The User is responsible for maintaining the confidentiality of the password relating to the waterdrop® Hydration App or waterdrop® account.
The User is responsible for all activities that occur on their mobile device with respect to the waterdrop® Hydration App. waterdrop® endeavours (but does not guarantee) to take reasonable security measures to protect Users from unauthorised access.
The User shall inform waterdrop® immediately of any unauthorised use or any other breach of security.
7. Responsibility for user-generated content
The User is responsible for all information, data, texts, software, messages, postings, tags and other materials that they make accessible in the use of the waterdrop® Hydration App ("Content").
waterdrop® may, in its sole discretion, screen, monitor, hide, reject or delete content on the waterdrop® Hydration App, or delete Content that violates the terms of the agreement or is otherwise objectionable.
Under no circumstances shall waterdrop® be liable in any way for any Content, including but not limited to any errors or omissions in or from any Content, or for any loss or damage of any kind incurred as a result of the use of any Content displayed via the waterdrop® Hydration App.
The Content is not subject to any obligations of trust on the part of waterdrop® other than those set out in the data protection provisions, and waterdrop® is not liable for any use or disclosure of any Content provided by the User.
8. Rights of use and protected content
The waterdrop® Hydration App is intended solely for the personal use of the User and not for business or commercial purposes.
The waterdrop® Hydration App, the software used in connection with the waterdrop® Hydration App, and all services and content provided in connection with the waterdrop® Hydration App including the design of the App, all text, graphics, computer programs and other works made available (collectively, the "Protected Content") are protected by copyright or other intellectual property laws.
The reproduction, distribution, making available, processing, and any other existing or future act of use and / or exploitation of Protected Content reserved to the author shall only be permitted with the express consent of the entitled party. The User does not acquire any rights whatsoever to the Protected Content.
To the extent necessary for the contractual use of the waterdrop® Hydration App, waterdrop® grants the user the personal, revocable, non-transferable, non-sublicensable and non-exclusive right to use the waterdrop® Hydration App. For the avoidance of doubt, the user is not authorised to distribute or make publicly available the content of the waterdrop® Hydration App. The right of use expires upon termination of the user contract (see clause 11).
9. Liability
All information provided by waterdrop® in the waterdrop® Hydration App is carefully selected and deemed reliable. Nevertheless, waterdrop® accepts no liability for its accuracy, completeness and / or up-to-dateness (except in cases of intent and gross negligence).
waterdrop® is not liable (except in the case of intent and gross negligence) for damage (including consequential damage or loss of profit) arising from or in connection with the waterdrop® Hydration App or information or services offered therein, nor for disruptions to the online system, including improper data transmission or for access being temporarily or permanently unavailable.
10. Variations and Amendments
waterdrop® reserves the right to vary, supplement and / or modify these Terms at any time. The User will be informed of this in good time and in a suitable form.
11. Duration
The Terms agreed between the User and waterdrop® shall apply - taking into account clause 10 (variations and amendments) - until the termination of the user contract.
12. Termination of contract, right to block and refusal of performance
12.1 Termination of the user contract
The User has the right to terminate the user contract at any time and without giving reasons. The user contract is automatically terminated by deleting or deactivating the waterdrop® Hydration App from the mobile device (smartphone).
waterdrop® is also entitled to terminate the user contract without giving reasons with immediate effect by notifying the User in writing.
12.2 Right to block, refusal of performance
If waterdrop® has reasonable reasons to suspect that the User is violating these Terms or other conditions underlying the service relationship when using the waterdrop® Hydration App or another service offered by waterdrop®, waterdrop® has the right to immediately and without prior notice block or terminate the affected User and the associated waterdrop® account and to refuse the current or future use of services offered by waterdrop®. The user contract is thereby also deemed to be terminated.
12.3 Deletion of User data
By deleting the waterdrop® Hydration App from the mobile device, the User irretrievably loses all content and services posted by the user on the waterdrop® Hydration App.
13. Final provisions
13.1 Severability clause
If any provision of these Terms is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision that comes closest in economic terms to the invalid or unenforceable provision.
13.2 Applicable law
Austrian law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.3 Jurisdiction
For all disputes arising from and in connection with these Terms, the exclusive jurisdiction of the competent court in Vienna Innere Stadt is agreed, unless otherwise provided by mandatory law.
13.4 Storage possibility and inspection of the text of the contract
These Terms can be viewed by the user at any time at en.waterdrop.com/terms-conditions-app.
