DraughtLab Pro Terms and Conditions

Updated: April 9, 2018
Effective: April 9, 2018

Thank you for choosing DraughtLab Pro!

This is an Agreement between you and DraughtLab LLC (“we” or “us”) that describes your rights to use the Application identified in section 1.1. We believe that great software is built upon open and honest relationships. Therefore, we have phrased some of the terms of this Agreement in a question and answer format and used plain language whenever possible. You should read the entire Agreement carefully before accessing, downloading, and/or using the Application because all of the terms are important and together create a legal Agreement that, once accepted by you, applies to you. 

1 Scope of Agreement and acceptance

1.1 What Software and Services are covered by this Agreement?

This agreement governs your use of and is limited to the DraughtLab Pro service, web site(s) (www.draughtlab.com and pro.draughtlab.com, which may be updated from time to time), online application (as may be applicable) and mobile application(s) (collectively, the “Application”).

1.2 How do I accept this Agreement?

You agree to abide by this Agreement and our Privacy Policy available at https://www.draughtlab.com/privacy (which is specifically incorporated by reference herein), and represent that you have carefully read and understand the terms of this agreement, represent that you are 18 years of age or older or otherwise of legal age and authorized to enter into a binding agreement, and accept this Agreement and agree to be legally bound by its terms immediately upon accessing, downloading, visiting, logging into and/or using the Application or enter into any other contract that references the Application and/or its Terms and Conditions.  If your use of the Application is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree to these Terms of Use or the Privacy Policy, please do not (or immediately discontinue) access, download, visit, log into, and/or use the Application. 

In order to access some of the services on the Application, you will require a separate registration account and password, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.  This will be helpful for both us and you.

You may set up multiple user accounts under your registration account.  The Content (defined in Section 2, below) entered into the Application by such users per the use of such user accounts will by combined with and considered part of your registration account’s Content.  You hereby warrant and represent that each user agrees to be bound by the terms and conditions of this Agreement. YOU SHALL BE LIABLE FOR ANY FAILURE BY YOU (INCLUDING ANY OF THE USERS OF YOUR USER ACCOUNTS, EMPLOYEES, CONTRACTORS, CUSTOMERS, AND/OR ANYONE USING THE APPLICATION THROUGH YOUR REGISTRATION ACCOUNT OR YOUR USER ACCOUNTS) TO COMPLY WITH THE TERMS OF THIS AGREEMENT.  THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT DOWNLOADS, INSTALLS, COPIES OR USES THE APPLICATION AND ANY PERSON OR ENTITY THAT DOWNLOADS, INSTALLS, COPIES OR USES THE APPLICATION ON ANOTHER PERSON’S OR ENTITY’S BEHALF.

1.3 How long is the term of this Agreement?

The duration or term of this Agreement will be clearly specified in a separately provided quotation or contract that includes payment terms and conditions (among other terms and conditions). Unless stated otherwise, at the end of the term, this Agreement will automatically renew based on the terms in section 4.3.

2 Content

2.1 Who owns my Content that I put on the Application?

You retain ownership rights in the communications, material and other information (“Content”) that you provide on or transmit to/through the Application. We don't claim ownership of the Content you provide on the Application.  Your Content remains your Content and you are responsible for it.

2.2 Who is responsible for Content that I share through the Application?

When you share your Content with other people, you understand that they may be able to use, save, and reproduce your Content.  If you do not want others to have that ability, do not use the Application to share your Content.  You represent and warrant for the duration of these Terms, you have all the rights necessary for your Content that is provided to the Application and that the collection, use, and retention of you Content will not violate any law or rights of others.

2.3 What does DraughtLab do with my Content?

Safeguarding the confidentiality of the Content is extremely important to us. We have implemented reasonable industry standard technical and other measures designed to secure the Content under our control from accidental loss and from unauthorized access, use, alteration and disclosure. We provide physical, electronic, and procedural safeguards to protect Content we process and maintain. For example, we limit access to the Content to authorized employees and contractors who need to know the Content, who are bound by contractual obligations to keep the Content confidential and use it only for the purposes for which we disclose it to them, in order to operate, develop or improve our Application and other products and services. Please be aware that, although we endeavor provide reasonable security for the Content we process and maintain, no security system can prevent all potential security breaches. We urge you to keep your login and password information (as may be applicable) confidential to help prevent security breaches.

While you retain all rights in such Content (as noted above), you grant to us and to our designated service providers a non-exclusive, fully paid-up, perpetual, non-revocable and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use the Content for any purpose including to provide the Application to you and to improve upon and to create new products and services regardless of the form or medium (now known or not currently known) in which it is used, subject to the confidentiality obligations detailed in this section.

Notwithstanding the confidentiality obligations detailed in this section, we may disclose/transmit/use the following without restriction:

  1. aggregated, anonymized Content data or derived data to help us improve the Application and our services, and to create new products and services; and/or
  2. any information that is in the public domain, was previously known to us, was received from a third party having the right to disclose it, or is independently developed by us without use of any Content.

We may also disclose Content that we collect or you provide as described herein:

  1. to our subsidiaries and affiliates (if any) who are bound by the confidentiality obligations of this section;
  2. as required by statute or a court of law, such as to comply with a subpoena, or similar legal process;
  3. to enforce or apply the Application’s Terms of Use or other agreements with you;
  4. when we believe in good faith that disclosure is necessary to protect our rights, protect our safety, your safety or the safety of others, investigate fraud, or respond to a government request, or if we feel that such disclosure may prevent the instigation of a crime, protect the security or integrity of our Application, or enable us to take precautions against liability;
  5. with our trusted services providers who work on our behalf to support our business, are bound by contractual obligations to keep the Content confidential and use it only for the purposes for which we disclose it to them, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in the privacy policy and in this Agreement.
  6. to a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Draught Lab, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which the Content held by Draught Lab, LLC is among the assets transferred, and only when the buyer or other successor agrees to be bound by the confidentiality obligations of this section;
  7. if DraughtLab LLC is involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution or other sale or transfer of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership, as well as any choices you may have regarding the Content;
  8. to fulfill the purpose for which you provide it;
  9. for any other purpose disclosed by us when you provide the information; and/or
  10. with your consent.

3 Privacy

Your privacy is important to us.  Please read the DraughtLab Pro Privacy Policy as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data.  The Privacy Policy also describes how DraughtLab uses your Content.  By accepting this agreement, you consent to DraughtLab collecting and using your Content and Data as described in the Privacy Policy.

4 Payment

4.1 Charges

The price for the Application will be specified in a separate quote or contract and you agree to pay that charge. The price stated for the Application excludes all applicable taxes and fees, unless stated otherwise. You're solely responsible for paying such taxes or other charges. Suspension or cancellation of the Application for non-payment could result in a loss of access to and use of your account and its Content.

4.2 Billing

Unless stated otherwise in the quote or contract, a valid credit card is required for paying accounts. The Application is billed in advance on a monthly or yearly basis and is non-refundable. You agree to pay a charge of 2% per month for overdue amounts.

4.3 Price changes

The price in the quote or contract will remain in force for the term of this Agreement. Upon renewal of this Agreement, we may change the price of the Application and will notify you by email at least 15 days before the price change. If you don't agree to the price change, you must cancel and stop using the Application before the price change takes effect.

4.4 Refund policy

Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable.

4.5 Canceling the service

You may cancel the Application at the end of the term of this Agreement. If you cancel, your access to and use of the Application will end at the end of your current Agreement term.

4.6 Late payments

You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal fees and costs.

4.7 Internet access charges

You're responsible for paying the fees charged by your Internet access providers. Those fees are in addition to the fees you pay us for the Application. If you access the Application through wireless devices (for example, phones and tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You're solely responsible for any costs you incur to access the Application through any wireless or other communication service.

5 Software

5.1 What terms govern the software that is part of the Application?

Unless accompanied by a separate license Agreement, any software provided by us to you as part of the Application is subject to the terms of this Agreement. Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-sublicensable, nontransferable, revocable license to access, download, install and use one copy of the Application for the purpose for which it is provided (to be used in conjunction with a beer sensory program to maintain and improve the quality and consistency of your beer) on a single mobile or other computing device for so long as this Agreement is in effect. 

The Software is licensed, not sold, assigned or otherwise transferred in whole or in part, and DraughtLab reserves and retains all rights to the Application not expressly granted by DraughtLab, whether by implication, estoppel, or otherwise.  

The Application and copies thereof are the exclusive proprietary technology of DraughtLab and/or its suppliers. Any unauthorized modifications, translations, adaptations, derivative works, or improvements of the Application or components thereof shall be exclusively owned by DraughtLab, and you hereby agree to assign and shall assign any and all rights, title, and interests in the foregoing to DraughtLab.

If this Agreement governs the website you're viewing, any third-party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by DraughtLab.

5.2 How can I use the Application?

We grant you the right to install and use the Application as specified in the quotation or contract, as part of your use of the Application, but only if you comply with all other terms in this Agreement.

5.3 Are there things I can't do with the Application?

Yes. Unless otherwise expressly permitted herein, in addition to the other restrictions in this Agreement, you may not circumvent or bypass any technological protection measures in or relating to the Application or disassemble, decompile, or reverse engineer any software or other aspect of the Application that's included in or accessible through the Application, except and only to the extent that the applicable copyright law expressly permits doing so; modify, translate, adapt or otherwise create derivative works or improvements of the Application; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application, any features or functionality of the Application, or Your rights in and to the Application pursuant to this Agreement to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; separate components of the Application for use on different devices; publish, copy, rent, lease, or lend the Application; or transfer the Application, any software licenses, or any rights to access or use the Application. You may not use the Application in any unauthorized way that could interfere with anyone else's use of them or gain access to any service, data, account, or network. You may not enable access to the Application by unauthorized third-party applications.

You also may not engage in activities when using the Application that:

  1. violate the law, regulation, court verdicts, resolutions or orders, or administrative measures that are legally binding;
  2. may hinder public order or customs;
  3. infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the DraughtLab and/or a third party granted by the law or contract;
  4. transmit any objectionable content including, but not limited to, violent or sexual expressions, threats, defamatory, libelous, expressions that lead to harassment or discrimination by race, national origin, creed, sex, social status, family origin, etc.;
  5. impersonate any person or entity, or lead to the misrepresentation of the DraughtLab and/or a third party (including Apple), or intentionally spread false information;
  6. interfere with the servers and/or network systems related to the Application, such activities that abuse the Application and/or servers and/or network systems related to the Application by means of viruses, BOTs, cheat tools, or other technical measures;
  7. exchange the right to use the Application into cash, property or other economic benefits without DraughtLab’s authorization;
  8. use the Application for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the DraughtLab); or
  9. other activities that may be deemed by the DraughtLab to be inappropriate.

DraughtLab shall have the sole and exclusive right to determine whether You have engaged in any of these restricted activities and to determine whether this Agreement with You should be terminated.  Such termination can be without prior notice to you.

6 Application disruptions and backup

We strive to keep the Application up and running; however, all online Application suffer occasional disruptions and outages, and DraughtLab isn't liable for any disruption or loss you may suffer as a result.

7 Additional services/Updates

7.1 Support services

We will provide support services to you during the term of this agreement. Unless otherwise stated, the support services will be subject to the terms of this Agreement. As a part of our support services, we will use reasonable commercial efforts to provide support via email during normal business hours (Monday through Friday, excluding DraughtLab holidays, 8 am to 5 pm Eastern Time).

7.2 Updates

You agree that DraughtLab has no obligation to provide Application updates, which may include upgrades, bug fixes, patches, enhancements and other error corrections and/or new features, maintenance, technical or other support for the Application (collectively, including related documentation, "Updates"), or to continue to provide or enable any particular features or functionality.  DraughtLab may from time to time, however, in its sole discretion develop and provide Application Updates without any notice to You. Updates may also modify or delete in their entirety certain features and functionality. Based on Your mobile or other computing device settings, when Your device is connected to the Internet either: the Application will automatically download and install all available Updates; or You may receive notice of or be prompted to download and install available Updates. 

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8 Dispute resolution

You and DraughtLab will mutually attempt to settle any disagreements through amiable negotiations. If the disagreement cannot be settled through negotiations then the laws of the State of New York will apply. You and DraughtLab hereby agree to submit to the exclusive jurisdiction of the Supreme Court of the State of New York, with venue in Monroe County, New York, or of the United States District Court for the Western District of New York with venue in Monroe County, New York.  If a court or arbitrator holds that we can't enforce a part of this Agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won't change. 

9 NO WARRANTIES

DRAUGHTLAB MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE APPLICATION, SERVICES, OR SUPPORT SERVICES. YOU UNDERSTAND THAT USE OF THE APPLICATION, SERVICES AND SUPPORT SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE APPLICATION, SERVICES, AND SUPPORT SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." DRAUGHTLAB DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE APPLICATION. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.  DRAUGHTLAB ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN'T FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE/WARRANTEE THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.  WE MAKE NO GUARANTEE/WARRANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THROUGH THE APPLICATION FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THIRD-PARTY NETWORKS YOU MAY ACCESS IN THE COURSE OF THE USE OF THIS SITE, AND THEREFORE, DELAYS AND DISRUPTION OF OTHER NETWORK TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.

THE USE OF THE APPLICATION OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

10 Limitation of liability

You agree that your exclusive remedy and our entire liability, if any, for any claims arising out of this Agreement and your use of the Application shall be limited to the amount equal to your Application fee for one month. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THE APPLICATION. These limitations and exclusions apply if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as loss of Content; any virus affecting your use of the Application; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn't allow the exclusion or limitation of incidental, consequential, or other damages.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE APPLICATION, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT APPLICATION SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS.

11 Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, losses, damages, and expenses, including reasonable attorneys' fees, that relates to or arises from your (including any of the users of your user accounts, employees, contractors, customers, and/or anyone using the Application through your registration account or your user accounts) (i) breach of this Agreement, (ii) violation of any third party right including third party intellectual property rights, and/or (iii) use or misuse of the Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. 

12 Third-party websites, content and services

You may be able to access third-party websites, content or services via the Application (“third party materials”). You acknowledge and agree that DraughtLab isn't responsible and does not assume any liability for the accuracy, legality, or any other aspect of these third-party materials Materials. You're solely responsible for your dealings with third-parties (including advertisers). Your use of third-party materials may be subject to that third-party's terms and conditions. The ability to access such third party materials is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

13 Term and Termination

The term of Agreement commences when You first visit, access, download/install, use, and/or login to the Application and will continue in effect until terminated by You or DraughtLab as set forth in this Section (or otherwise set forth in a quotation).  You may terminate this Agreement by deleting the Application and all copies thereof from your mobile or other computing device. DraughtLab may terminate this Agreement at any time and for any reason in its sole discretion without notice to You. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.

Upon termination: all rights granted to You under this Agreement will also terminate; and You must cease all use of the Application and delete all copies of the Application from Your mobile or other computing device and account. Termination will not limit any of DraughtLab's rights or remedies at law or in equity.

14 Survival

This section, and sections 4 (for amounts incurred before the end of this Agreement), 8, 9, 10, 11, 13, 19, 20 and those that by their terms apply after it ends will survive any termination or cancellation of this Agreement.

15 Entire Agreement

This Agreement (in addition to the Privacy Policy and applicable quotation(s)) sets forth DraughtLab’s entire liability and Your exclusive remedy with respect to the Application. You acknowledge that this Agreement is a complete statement of the agreement between You and DraughtLab with respect to the Application, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Application.

16 Waiver and Modification

No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights. This Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.

17 Assignment and transfer

We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Application.

18 Communications

You consent to DraughtLab providing you all invoices, receipts, notifications about the Application, and information the law requires us to provide via email to the address that you provided when you sign up for the Application. Notices emailed to you'll be deemed given and received when the email is sent. If the email address that we should send this information to changes, you're responsible for notifying DraughtLab of the change.

19 Copyright and trademark notices

Copyright © 2017 DraughtLab LLC and/or its suppliers, PO Box 585, Webster, NY. All rights reserved.

By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you in/on the Application and the Application itself are protected by copyrights, trademarks, patents or other proprietary rights owed by DraughtLab and/or its suppliers.  DraughtLab and the names, logos, and icons of all DraughtLab products, software, and Application may be either trademarks or registered trademarks of DraughtLab LLC. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in this Agreement are reserved.

20 Export Regulation and Geographic Restrictions

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.  You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Application from outside the United States, you are responsible for compliance with local laws.

21 Confidentiality

You hereby acknowledge and agree:

  1. that the Application contains confidential information of DraughtLab, including the code of the Application, and that any disclosure by You of DraughtLab’s confidential information will cause immediate, irreparable harm to DraughtLab for which no adequate remedy at law exists, and for which equitable remedies, as well as any other available legal remedies, may be awarded by a court of competent jurisdiction;
  2. to maintain the confidentiality of the Application, and other confidential information of DraughtLab using at least as great a degree of care as You use to maintain the confidentiality of Your own confidential information and in no case less than reasonably prudent care; and
  3. to limit access to the Application to those persons employed by You and/or who are under Your direction who need to use the Application for purposes permitted hereunder and who have been clearly informed of their obligation and agree to maintain the confidentiality of the Application, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Application for the purpose of deriving the source code of the Application.

22 Apple, Inc.

If You have downloaded the Application from the Apple, Inc. (“Apple”) App Store and/or otherwise accessing the Application through a device made by Apple, you specifically acknowledge and agree that:

  1. This Agreement is between DraughtLab and You only, and not with Apple, and DraughtLab, not Apple, is solely responsible for the Application and the content thereof. This Agreement is not intended to provide for usage rules for the Application that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the Effective Date (which You acknowledge You have had the opportunity to review), available at www.apple.com/legal/itunes/us/terms.html#SERVICE.
  2. The license granted to You herein for the Application is limited to a non-transferable license to use the Application on any iPhone, iPad or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever in connection with the functionality or the content of the Application, or to furnish any maintenance and support services with respect to the Application.
  4. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price, if any, for the Application to You; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  5. Apple is not responsible for addressing any claims by Your or any third party relating to the Application or Your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. Notwithstanding anything to the contrary herein, this Agreement shall not limit DraughtLab’s liability to You beyond what is permitted by applicable law.
  7. In the event of any third party claim that the Application or the Your possession and use of the Application infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  8. You represent and warrant that You are not (i) 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 (ii) listed on any U.S. Government list of prohibited or restricted parties.
  9. Any questions, complaints, or claims you have regarding the Application, please contact DraughtLab at:
    1. Email: info@draughtlab.com
    2. Address: PO Box 585, Webster, NY 14580-0585
  10. Apple and Apple’s subsidiaries are third party beneficiaries of this agreement. Upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.