Last Updated 31-Oct-2018Terms & Conditions
Please carefully read the following terms and conditions relating to use of the Dry Days Mobile App. By clicking 'I Accept' you agree to be bound by these Terms and Conditions of use. If you do not agree to be bound by these Terms and Conditions, you should uninstall the software. CyberLiver Limited UK has licensed the Dry Days app to Zanec Technologies Europe Limited for distribution through App Store and Play Store.
1. Dry Days Mobile App Content: To access the content of the Dry Days Mobile App you must be a registered, non-expired member with a valid registered email and password or Facebook authenticated user or Google authenticated user registered with the CyberLiver platform. With our discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Service. Our Service contains information, software, photos, text, graphics, sounds and other materials that are protected by copyrights, database rights, trademarks, trade secrets and/or other proprietary rights. All content is copyrighted under applicable copyright laws, including the United States, Canada, Australia, United Kingdom, Irish and European Union copyright laws (and, if applicable, similar laws in other jurisdictions). All trademarks that appear on the Dry Days Mobile App are trademarks of CyberLiver. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the content, in whole or in part unless you receive our prior written consent. The Dry Days app is only valid in its current form until the 31st of December 2018. Whilst the app and its features may still be available on the installed smartphone. The Company reserves the right to vary Service content by phone model and country, including but not limited to (i) size and extent of the drinks database, (ii) the App functionality and (iii) subscription options and pricing.
a. Your Data "Your Data" means any information about You which is personally identifiable, including, without limitation, your name, address, telephone number, email address, financial details, member name, password, comments, profiles, personal descriptions, food consumption history, Mobile UDID, geo-localisation data, barcode scans and other information from which You can be identified and which You may disclose to Us ("CyberLiver and associated third parties") or otherwise via the Mobile App at any time.
b. When do we collect Your Data? If you use the Mobile App, we collect data when you: register as a member, add drinks or mark your sobriety to your diary or amend data add your weight, gender, height, sleep, mood, daily notes and waist history change settings
c. How we use Your Data We may use your data to: monitor, develop and improve the App and your experience; process your registration as a member and to process and administer your membership (where appropriate); process and deal with any complaints or enquiries made by or about you; investigate any suspected breach of the Terms and Conditions of use or membership Terms and Conditions (as relevant) made by or otherwise relating to you and to monitor compliance including by way of checking enquires to the database for inappropriate use; to send you and keep you updated with information by email about existing and new services and special offers from us; to send you information by e-mail about related products or services of selected third parties that may be of interest to you; and To opt-out of receiving any information you can: use the facility contained in any such email communication; or contact us at email@example.com including your registered email address and who you do not wish to receive further communications from. d. We do not pass or sell Your Data to any unrelated third parties for any other purpose than those set out in
d. (i) to (iii) below:- Zanec is an authorised partner of CyberLiver and by accepting the terms and conditions of the Dry Days app, you accept the terms and conditions of CyberLiver available at www.cyberliver.com We may share some general statistical information about the App user base, download patterns, traffic volumes, anonymous user progress statistics and related matters to reputable third parties but these details will not include information personally identifying you. We may disclose your data to the police, regulatory bodies or legal advisers in connection with any alleged criminal offence or suspected breach of the Terms and Conditions of Use and (where appropriate) Membership Terms and Conditions by You or otherwise where required by law.
e. Data Security We endeavour to take all reasonable steps to protect Your Data. All the Data collected by Us is stored on a secure cloud server. The secure server software encrypts all information you input before it is sent to us. In the event of Subscribing to our Premium Services through our portal and after payment is completed, we do not retain or store any part of your credit card details on our site.
f. Access to & Updating Your Data Where You are a Member, you may access Your Data contained in Your Member Account via the "Profile" section of the App.
3. Health Disclaimers: Dry Days is intended as a Sobriety tool to assist users with their personal aspirations. CyberLiver is not a medical organisation and we cannot give you medical advice or diagnosis. Any information contained within the Dry Days Mobile App should not be construed as advice or diagnosis. Dry Days is only intended for use by healthy adults and specifically not by under 18's, pregnant women, or individuals with any type of health condition or eating disorder. Dry Days is not suitable for dependent drinkers and is not a medical detoxification programme. If you think you may have dependency issues, contact a doctor immediately. It is the responsibility of all users of this App to satisfy themselves as to their personal medical and physical condition in determining whether to use or adapt the information or content provided. Notwithstanding the medical or physical condition of a user, no responsibility or liability is accepted for any loss or damage suffered by an individual as a result of the use or misuse of any of the information or content in this App.
4. Disclaimers of Warranties: Any product, offering, content and material downloaded or otherwise obtained using the Dry Days app is done at your sole risk and you will be solely responsible for any damage to your mobile phone or loss of data that results from the download of any such product, offering, content or material. You agree to indemnify and hold CyberLiver, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (i) your use of the Service, and (ii) the breach by you of your representations and warranties set forth herein. CyberLiver does not guarantee that the Dry Days Mobile App will be error free and uninterrupted or that defects will be corrected. Whilst every endeavour is made to ensure the accuracy of the data, CyberLiver will not be held accountable for any errors in content, or outcomes resulting from the errors.
5. Limitation of Liability: You understand and agree (to the fullest extent permitted by law) CyberLiver, it’s affiliates, and related third parties will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses), arising out of, or resulting from; the use or the inability to use Dry Days Mobile App the use of any content or other materials in the Dry Days Mobile App the cost of buying substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from using the Dry Days Mobile App unauthorized access to or alteration of your transmissions or data in no event shall the total liability of us to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for subscribing to the Dry Days Mobile App. If you are dissatisfied with any portion of Dry Days Mobile App, or with any of the provisions of these Terms & Conditions, your sole and exclusive remedy is to cease using the App and to uninstall the software.
7. Premium Subscription - Price and Payment: Information relating to Subscription for the premium features. It is possible that some of the prices may be incorrect. We will verify prices as part of our sale procedures so that a subscription's correct price will be stated when you pay for the subscription. Payment must be made upon the submission of your order. We will withhold the subscription if the price is not received from you on time, in full, in cleared funds. Payment for all subscriptions must be made through the respective in-app purchase payment mechanism for App store and Play store respectively. The subscription is valid based on the subscription plan purchased by the user and the user's will be notified about the price changes on 1st of January 2019 in such case the users will be entitled to pay the difference amount for the subscription if they still hold a valid subscription. The subscription prices will be determined for the users in their local currency, however the local conversion rate will be made from the fixed price for the premium features in GBP at the time of purchase. Prices for subscriptions are liable to change at any time, but changes will not affect existing subscribed agreements that have come into force.
Copyright© 2018 CyberLiver. All product names, trademarks, registered trademarks, service marks or registered service marks, mentioned throughout any part of the Dry Days Mobile App belong to their respective owners.
For queries with respect to the Terms & Conditions of use write to us at firstname.lastname@example.org
To access the Previous Terms & Conditions applicable for users with the app branded as Dry January and Beyond, click here