Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using GlassCount ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you and Rene Arnegger ("we," "us," or "our") regarding your use of the App.

2. Description of Service

GlassCount is a personal alcohol consumption tracking application that allows users to:

• Log alcoholic beverages consumed
• View estimated Alcohol Level calculations
• Set personal consumption goals and limits
• Track drinking sessions and patterns
• Record journal entries related to consumption habits

The App is designed as a personal awareness and harm reduction tool to support mindful alcohol consumption.

3. User Requirements

3.1 Age Requirements

You must be of legal drinking age in your jurisdiction to use this App. The App is rated 17+ in the Apple App Store and has equivalent age ratings on other platforms due to its alcohol-related content.

By using this App, you represent and warrant that:

• You are at least 17 years of age
• You are of legal drinking age in your country, state, or region
• You have the legal capacity to enter into these Terms

3.2 Responsible Use

You agree to use the App responsibly and in accordance with all applicable laws regarding alcohol consumption in your jurisdiction.

4. Important Disclaimers

4.1 Alcohol Level Estimates Are Approximations Only

GlassCount provides ESTIMATED Alcohol Level values based on the Widmark formula. These are mathematical approximations only and may not reflect your actual Alcohol Level.

Alcohol Level calculations in this App are based on generalized formulas that cannot account for all individual factors, including but not limited to:

• Individual metabolism variations
• Food consumption and stomach contents
• Medications and health conditions
• Fatigue, stress, and hydration levels
• Genetic factors affecting alcohol metabolism
• Actual alcohol content variations in beverages
• Rate of consumption
• Body composition beyond simple weight

4.2 Never Use for Driving Decisions

If you have consumed ANY alcohol:

• DO NOT drive or operate vehicles
• DO NOT operate heavy machinery
• DO NOT make safety-critical decisions based on this App's estimates
• USE alternative transportation (taxi, rideshare, designated driver, public transit)
• WHEN IN DOUBT, DO NOT DRIVE

The only safe amount of alcohol for driving is zero. Legal Alcohol Level limits vary by jurisdiction and do not indicate safe driving ability. Impairment can occur at Alcohol Levels well below legal limits.

4.3 Not Medical Advice

This App is NOT a medical device and does NOT provide medical advice.

• The App does not diagnose, treat, cure, or prevent any disease or condition
• Information provided is for personal awareness only
• Consult healthcare professionals for medical advice about alcohol consumption
• If you are concerned about your drinking habits, seek professional help

4.4 User Responsibility

You assume full responsibility for your actions while using or after using this App. The App is a tool for personal tracking and awareness—it cannot make decisions for you or ensure your safety.

5. Subscription Terms

5.1 Free and Pro Features

GlassCount offers both free features and a Pro subscription with additional functionality:

• Free Features: Basic drink tracking, Alcohol Level estimates, and limited history
• Pro Features: Extended history, advanced statistics, journal features, unlimited goals, and additional customization options

5.2 Subscription Options

Pro subscriptions are available as:

• Monthly subscription (auto-renewing)
• Yearly subscription (auto-renewing)
• Lifetime purchase (one-time payment)

5.3 Payment Processing

All payments are processed by Apple (for iOS) or Google (for Android) through their respective app stores. We do not directly collect or store your payment information.

5.4 Auto-Renewal

Monthly and yearly subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

5.5 Managing Subscriptions

To manage or cancel your subscription:

• iOS: Go to Settings → [Your Name] → Subscriptions → GlassCount
• Android: Open Google Play Store → Menu → Subscriptions → GlassCount

5.6 Refunds

Refund requests are handled by Apple or Google according to their respective refund policies:

• iOS: Request refunds through reportaproblem.apple.com
• Android: Request refunds through the Google Play Store

We cannot directly process refunds as we do not handle payment transactions.

6. Intellectual Property

6.1 Ownership

GlassCount, including its design, features, code, graphics, and content, is owned by Rene Arnegger and is protected by copyright, trademark, and other intellectual property laws.

6.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms.

6.3 Restrictions

You may not:

• Copy, modify, or distribute the App
• Reverse engineer, decompile, or disassemble the App
• Remove any copyright or proprietary notices
• Use the App for any commercial purpose without authorization
• Sublicense or transfer your rights to the App

7. Limitation of Liability

7.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The App will meet your specific requirements
• The App will be uninterrupted, timely, secure, or error-free
• Alcohol Level estimates or any other calculations will be accurate
• Any errors in the App will be corrected

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Rene Arnegger SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury or death
• Property damage
• Loss of profits, data, or goodwill
• Legal consequences resulting from impaired driving or other activities
• Any damages arising from your use of or inability to use the App
• Any damages arising from decisions made based on information provided by the App

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APP OR SUBSCRIPTION IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

7.3 Assumption of Risk

You acknowledge that alcohol consumption carries inherent risks and that you assume full responsibility for your decisions regarding alcohol use. You agree that we are not responsible for any consequences of your alcohol consumption or related activities.

8. Indemnification

You agree to indemnify, defend, and hold harmless Rene Arnegger and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the App
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any harm caused to third parties as a result of your alcohol consumption or related activities

9. Termination

We may terminate or suspend your access to the App immediately, without prior notice, if:

• You breach these Terms
• We are required to do so by law
• We discontinue the App

Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Rene Arnegger is located, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the App shall be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to the exclusive jurisdiction of the courts in Rene Arnegger's jurisdiction.

11. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this document
• For material changes, we will provide notice through the App or our website
• Your continued use of the App after changes constitutes acceptance of the new Terms

We encourage you to review these Terms periodically.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Rene Arnegger regarding the App and supersede all prior agreements and understandings.

14. Contact Information

If you have questions about these Terms, please contact us at:

Email: r.m.arnegger@googlemail.com

Developer: Rene Arnegger

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