Welcome to Home Sip! These Terms of Service ("Terms") govern your use of the Home Sip mobile application (the "App") operated by Home Sip ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the App.
1. Acceptance of Terms
By creating an account, downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Home Sip.
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms in the App. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
2. Eligibility
You must be at least 13 years of age to use the App. If you are under 18, you represent that you have obtained parental or guardian consent to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.
3. License to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use.
You agree NOT to:
- Copy, modify, distribute, sell, or lease any part of the App.
- Reverse engineer, decompile, or attempt to extract the source code of the App.
- Use the App for any unlawful purpose or in violation of any applicable laws.
- Transmit any viruses, malware, or other harmful code through the App.
- Interfere with or disrupt the security, integrity, or performance of the App.
- Use the App to harass, abuse, or harm others.
4. User Accounts
To access certain features of the App, you may be required to create an account using Apple ID or Google Sign-In. You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.
5. User Content
The App allows you to create, upload, and store content, including drink records, custom collections, photos, and notes ("User Content"). You retain all rights to your User Content.
By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to the User Content.
- Your User Content does not violate any third-party rights (including intellectual property or privacy rights).
- Your User Content does not contain any harmful, illegal, or offensive material.
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.
6. Health and Wellness Disclaimer
The App provides drink tracking, caffeine monitoring, hydration goals, and related health metrics for informational and educational purposes only. The App is NOT a substitute for professional medical advice, diagnosis, or treatment.
You acknowledge and agree that:
- All health-related data, estimates, and recommendations provided by the App are approximations and may not be accurate for your individual circumstances.
- You should always consult a qualified healthcare professional before making any decisions related to your health, diet, caffeine intake, or hydration.
- The App does not provide medical advice and is not intended to diagnose, treat, cure, or prevent any disease or health condition.
- We are not liable for any health issues, injuries, or damages resulting from your use of the App or reliance on the information provided.
- If you experience any adverse health effects, you should discontinue use of the App and seek immediate medical attention.
7. Intellectual Property Rights
Our Intellectual Property
The App, including its design, graphics, text, code, and all other content (excluding User Content), is owned by Home Sip and is protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or brand elements without our prior written consent.
Third-Party Content
The App may include drink recipes, ingredient information, and other content from third-party sources. We do not claim ownership of such content and it remains the property of its respective owners.
8. Third-Party Services
The App may integrate with third-party services such as:
- Apple Sign-In
- Google Sign-In
- Google AI for image recognition
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.
9. Disclaimers and Limitation of Liability
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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The App will be uninterrupted, secure, or error-free.
- The results or data obtained from the App will be accurate or reliable.
- Any defects in the App will be corrected.
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOME SIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO USE THE APP IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM (OR $100 IF YOU HAVE NOT PAID ANY FEES).
10. Indemnification
You agree to indemnify, defend, and hold harmless Home Sip, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of the App.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property or privacy rights.
- Your User Content.
11. Termination
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
- Violation of these Terms.
- Fraudulent, abusive, or illegal activity.
- At our sole discretion.
Upon termination, your right to use the App will immediately cease. You may also terminate your account at any time through the App's "Privacy & Data" settings.
Effect of Termination
Upon termination:
- All licenses granted to you under these Terms will immediately terminate.
- You must cease all use of the App.
- Sections that by their nature should survive termination will continue to apply (including disclaimers, limitations of liability, and dispute resolution).
12. Dispute Resolution and Governing Law
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.
12.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property disputes.
12.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
13. Changes to the App
We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Home Sip regarding the App and supersede all prior agreements.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
15. Contact Us
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:
Email: yuchaoxin123@gmail.com
16. Acknowledgment
By using the Home Sip App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.