Terms of Service

Age Requirement

OnlyDrams is intended for users who are of legal drinking age in their jurisdiction. In the United States, you must be at least 21 years old to use OnlyDrams. By using our app, you represent and warrant that you meet the minimum age requirement in your jurisdiction.

We reserve the right to request proof of age at any time and to terminate or suspend accounts that we believe belong to users who do not meet the age requirement. OnlyDrams does not sell alcohol and is intended solely for collection tracking and community purposes.

Limitations of Use

By using OnlyDrams and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer OnlyDrams or any materials and software contained within OnlyDrams or on our website;
2. remove any copyright or other proprietary notations from OnlyDrams or any materials and software contained within OnlyDrams or on our website;
3. transfer OnlyDrams or any of its associated materials to another person or "mirror" the materials on any other server;
4. knowingly or negligently use OnlyDrams or any of its associated services in a way that abuses or disrupts our networks or any other service OnlyDrams provides;
5. use OnlyDrams or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use OnlyDrams or its associated services in violation of any applicable laws or regulations;
7. use OnlyDrams to send unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user's consent; or
9. use OnlyDrams or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials in OnlyDrams and on our website are owned by or licensed to OnlyDrams. You may download OnlyDrams, to view, use, and display the application on your mobile device for your personal use only.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by OnlyDrams at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication within OnlyDrams and/or on its corresponding website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use OnlyDrams or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Account Deletion

You may delete your OnlyDrams account at any time through the app settings or by contacting us at support@onlydrams.app. Upon account deletion:

• Your profile information and personal data will be permanently removed from our active systems within 30 days.
• Your collection data, reviews, and other user-generated content will be deleted or anonymized.
• Any active subscriptions will be cancelled, though you may still be charged for the current billing period per the terms of your subscription.
• Some data may be retained in backups for up to 90 days and in anonymized form for analytical purposes.

Subscriptions and In-App Purchases

OnlyDrams offers optional premium features through subscriptions and in-app purchases. By purchasing a subscription or in-app purchase, you agree to the following:

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
• You can manage and cancel subscriptions through your device's app store settings.
• Any unused portion of a free trial period will be forfeited when you purchase a subscription.

Refunds: Refund requests are handled by Apple or Google, depending on your platform. We do not have the ability to issue refunds directly. Please contact Apple App Store or Google Play support for refund requests.

Automatic Updates

You give us permission to download and install updates to OnlyDrams on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting OnlyDrams from your device.

Liability

OnlyDrams and the materials in OnlyDrams and on our website are provided on an 'as is' basis. To the extent permitted by law, OnlyDrams makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall OnlyDrams or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use OnlyDrams, our website, or any other services provided by OnlyDrams or the materials in OnlyDrams, even if OnlyDrams or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing in OnlyDrams or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, OnlyDrams does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in OnlyDrams or on our website, or otherwise relating to such materials or on any resources linked to OnlyDrams and our website. Bottle information, pricing data, and other content are provided for informational purposes only and should not be relied upon for purchasing decisions.

Links

OnlyDrams has not reviewed all of the sites linked to OnlyDrams or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by OnlyDrams of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including the validity, invalidity, breach, or termination thereof, shall be resolved through the following process:

Informal Resolution: Before initiating any formal dispute resolution process, you agree to first contact us at legal@onlydrams.app and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If the dispute cannot be resolved informally, you and OnlyDrams agree to resolve any claims relating to these Terms through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Indiana, unless you and OnlyDrams agree otherwise.

Class Action Waiver: You and OnlyDrams agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and OnlyDrams each waive any right to a jury trial.

Notice Regarding Apple

To the extent that you are using or accessing OnlyDrams on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and OnlyDrams only, not with Apple Inc. (Apple), and Apple is not responsible for OnlyDrams and any materials available in OnlyDrams.

Apple has no obligation to furnish you with any maintenance and support services with respect to OnlyDrams.

If OnlyDrams fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to OnlyDrams and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to OnlyDrams or your use of OnlyDrams, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.

You agree to comply with any applicable third-party terms when using OnlyDrams, including any Usage Rules set forth in the Apple App Store Agreement of Service.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Right to Terminate

We may suspend or terminate your OnlyDrams account and right to use OnlyDrams and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Indiana. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.