We are normal people, just like you. While our lawyers tell us that we need to include the legal language below, we want to highlight a few things that we think are extra important, in a language we can all understand (just in case you don’t have a law degree from Yale – we don’t!):

Information: In our Privacy Policy we tell you that we won’t share your information. For this relationship to work, you also agree to not publicly share any information about your private group. Think of how you would feel if a friend pokes fun at you on social media for overdoing it on the wine, when you were already embarrassed about admitting it. This service is designed to support each other through a little friendly competition, not to make you want to hit each other over the head with a beer bottle.

Alcohol Consumption: This app is designed to improve your health and do it in a fun way. We are not doctors. We are also people who could benefit from not drinking alcohol as much or as often as we usually do! If you think you might have a real problem with alcohol and would benefit from professionals, please reach out to your doctor or other health care professional.

No Dangerous or Illegal Behavior: We are encouraging wellness, not wildness. Anything related to drinking can bring out the devils inside, but remember that we are trying to promote better habits. It would defeat the whole purpose if you declare the weekly penalty to have to consume 5 shots of vodka. Using our app to see who can drink the most, not the least, is quite simply dumb, no offense.

Honor Code: Be honest! Or as close to it as possible. If you consumed two and a half drinks and you believe you should only have to log in two, that’s on you. This is a game, not a lie detector test. But your friends and family are counting on you. Then if you lose, pay up! And if your friend loses and does not pay up, you can’t sue them to do so. And you can’t sue us for their owed debt. Just find better friends, and try an Unboozle challenge with someone else, even just yourself.

Attitude: Have fun and be supportive! Be creative with your challenges and help your friends and family get healthier by limiting the amount they drink. And now for the legal mumbo jumbo...

OVERVIEW

This service (“Service”) is operated by Unboozle. The Service includes all products, features, applications, information, technologies, tools, content, and other services provided to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated.

By creating an account (“Account”) on Unboozle as a registered user (“User”) and/or purchasing something from Unboozle, you engage in Unboozle Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional Terms of Service referenced. If you do not agree to all the Terms of this agreement, then you may not access or use any Services.

Throughout the Terms, “we”, “us”, and “our” refer to Unboozle, and “you”, “your” refers to the User.

Any new features, content, tools, or other services which are added to the current Service shall also be subject to the Terms of Service.

SECTION 1 - GENERAL TERMS

The User must be of legal drinking age for alcohol in their home country to register for the Service.

You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).

Our Service does not take payment or hold funds by Users, and fulfilment of penalties and awards is solely the responsible of the Users. Our Service is based on an honor code among Users and their group members, where honesty of alcohol consumption and fulfilment of pay-outs are expected among Users. While fulfilment is expected, Users are not legally liable for fulfilment. In no event shall you, members of your group challenge, or Unboozle be legally responsible to fulfil the weekly and final challenge penalties and prizes, and you understand and agree that your use of the Service is predicated on your waiver of any right to sue for fulfilment of the Service’s penalties and rewards.

You agree to consult with your physician before commencing any changes to your wellness program. Unboozle shall not be liable for any injury or health-related problems resulting from or arising out of participating in the Unboozle Service. The Unbzoozle Service does not provide medical or other licensed professional advice. Nothing stated in the Service is intended to be, and must not be taken to be, the practice of medicine. The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have an alcohol problem or a medical emergency, call your physician or emergency services immediately.

You may not do anything to interfere with or impair the intended operation of the Service, including but not limited to transmitting any worms, viruses, or any code of a destructive nature.

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service.

Any breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – FREE SERVICE

SECTION 3 - PASSWORDS AND ACCOUNT ACCESS

SECTION 4 - PRIVACY

SECTION 5 - CODE OF CONDUCT

SECTION 6 - CONTENT

SECTION 7 - INTELLECTUAL PROPERTY

The User has access and control over the Unboozle Account and is responsible for any activity that occurs through the Unboozle Account. To maintain control over the Account and prevent anyone from accessing the Account, the User should maintain control over the Unboozle ready devices that are used to access the Service and not reveal the password or details of the Account to anyone. The User is responsible for updating and maintaining the accuracy of the information provided to us relating to your Account. We can terminate your Account or place your Account on hold to protect you or Unboozle from identity theft or other fraudulent activity.

For all information related to privacy, please refer to Unboozle’s Privacy Policy.

By accessing our Service, you hereby represent, warrant, acknowledge, and agree that you will adhere to our Code of Conduct. You agree you will not post any information or material in our Service that is considered “unacceptable”. Unacceptable information and material include any that is:

Being used to abuse, harass, stalk, or threaten a person or persons.
Libelous, defamatory, knowingly false, or misrepresents you or another person.
Infringes upon any copyright, trademark, trade secret, or patent of any third party (If you quote or excerpt someone’s content, it is your responsibility to provide proper attribution to the original author).
Violates any obligation of confidentiality.
Violates the privacy, publicity, moral, or any other right of any third party.
Contains content that has been commissioned and paid for by a third party, (either cash or goods in barter), and/or contains paid advertising links and/or SPAM. For our purposes, we define SPAM as anything that qualifies as information unrelated to the posting activity or comments on the Service. This information may take classic forms (e.g., simple links to unrelated content that are often advertising or e-commerce) or more insidious forms.

You agree you will not publicly post or share any information of your group members and their activities relating to the Service, as the Service is designed to be a private, safe space.

Our Service allows you to post, store, share, and otherwise make available certain information, text, graphics, or other material. You are responsible for the material you post on or through the Service, including its legality, reliability, and appropriateness.

The Services, and its original content, features, graphical assets, logotypes, functionality, and user experience are and will remain the exclusive property of Unboozle.

We do not charge you to use Unboozle. Instead, businesses, organizations, and other persons pay us to show you ads for their products and services. Our products and services enable you to connect with your friends and communities and to receive ads that we think may be relevant to you and your interests. You acknowledge that by using our Services, we will show you ads that we think may be relevant to you and your interests.

We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes or changes to your subscription plan will take effect following notice to you.

User-Generated Content

User-Generated Content License

For all information, data, text, software, music, sound, photographs, graphics, video, messages, products, services, and other materials posted to the Service by the User (“User-Generated Content” or “UGC”), you are the sole responsibility of the poster of the User-Generated Content. This means that you, and not us, are solely responsible for all User-Generated Content that you upload, post, transmit, or otherwise make available through or on the Service. You are also solely responsible for all User-Generated Content posted under your Account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the User-Generated Content that you post; (ii) that the User-Generated Content is accurate; (iii) use of the User-Generated Content you supply does not violate these Terms; (iv) the User-Generated Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the User-Generated Content will not cause injury to any person or entity.

Should User-Generated Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.

If we determine, in our sole discretion, that any User-Generated Content submitted by you is offensive, harmful, illegal, infringing, harassing, false, and/or inappropriate, we may remove it or ask you to retract or modify the User-Generated Content in question. We have no obligation, however, to restrict or monitor User-Generated Content in any way.

You may see or read things that you do not like or agree with on our Service. You understand that by using our Service, you may be exposed to User-Generated Content that is offensive, indecent, or objectionable.

Under no circumstances will we be liable in any way for any User-Generated Content, including, but not limited to, any errors or omissions in any User-Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User-Generated Content posted, transmitted, or otherwise made available through the Service.

We do not control the User-Generated Content posted on or through the Service and, therefore, we do not guarantee the accuracy, integrity, or quality of such User-Generated Content. You are solely responsible for any use or reliance on the User-Generated Content, including on its accuracy, completeness, or usefulness.

You acknowledge that we are under no obligation to pre-screen User-Generated Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any User-Generated Content that is available through our Service. Without limiting the foregoing, we and our designees shall have the right to remove any User-Generated Content that violates these Terms or any other Unboozle policy or is otherwise objectionable, in our sole discretion.

Other than as set forth elsewhere in this policy, any material, information, or idea you submit to us or the Service by any means is provided without compensation or obligation. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.

We reserve the right to monitor some, all, or none of the areas of the Service for adherence to these Terms. You acknowledge that by providing you with the ability to post information on the Service, we are acting as a passive conduit for distribution, and we are not undertaking any obligation or liability relating to any postings or activities on the Service.

We do not claim ownership of the User-Generated Content you upload, place, or post through the Site, including project submissions. You are responsible for protecting your rights in such User-Generated Content and are not entitled to our help in protecting such User-Generated Content. By uploading, placing, or posting User-Generated Content through the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sub-licensable license, under all intellectual property and other rights. You hereby irrevocably waive any claims based on “moral rights” and similar theories, if any. Please note, however, that certain activities that involve the submission of User-Generated Content by you may have terms applicable to your User-Generated Content that differ from those above. In the event such terms differ with these terms, these terms will govern and have precedence over these terms with respect to your User-Generated Content.

SECTION 8 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this application is not accurate, complete, or current. The material on this application is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this application is at your own risk.

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information in the Service that contains typographical errors, inaccuracies, or omissions that may relate to Service descriptions, pricing, and promotions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to encourage abusive behavior, including excessive alcohol consumption; (e) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – DISCLAIMERS

We make reasonable efforts to provide a Service that is safe and accurate, but can make no warranties. We retain the right to restrict use of the Service, in any manner it deems appropriate.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES, THE CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNBOOZLE MAKES NO WARRANTY THAT (i) THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SOFTWARE WILL BE RELIABLE; AND (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

SECTION 12 - LIMITATION OF LIABILITY

IN NO EVENT SHALL UNBOOZLE, ITS EMPLOYEES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS, AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES (COLLECTIVELY “UNBOOZLE AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SERVICES OR ANY LINKED SERVICE (AS DEFINED BELOW), OR INABILITY TO USE THE SERVICES, CONTENT, OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE UNBOOZLE AND ITS AFFILIATES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT UNBOOZLE AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR EQUIPMENT, OR NETWORK FAILURE WHATSOEVER, AND THAT UNBOOZLE AND ITS AFFILIATES WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SERVICES, EVEN IF THERE IS NEGLIGENCE BY UNBOOZLE OR AN AUTHORIZED UNBOOZLE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

We neither warrant nor represent that your use of Content, Software, or any other materials displayed on the Service will not infringe rights of third parties.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Unboozle and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your Account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at hello@unboozle.com.

SECTION 18 - CONTACT INFORMATION

Terms of Service – Unboozle

Version 1.0
Last updated: August 24, 2023