Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BAC Works ("we," "us," or "our"), the developer and operator of the BAC Battle mobile application (the "App"). By creating an account or using any feature of the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, Cookie Policy, and Safety & Liability Waiver.

2. Age Requirements and Eligibility

2.1 Minimum Age

You must be at least 18 years old (or the legal drinking age in your jurisdiction, whichever is higher) to use BAC Battle. By using the App, you represent and warrant that:

• You are at least 18 years old or the legal drinking age in your country
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the App under applicable laws

2.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3. Description of Service

3.1 Purpose

BAC Battle is a social awareness application designed to help users track alcohol consumption and stay informed about their estimated Blood Alcohol Content (BAC). The App provides:

• Drink logging and tracking functionality
• Estimated BAC calculations (for awareness and education only)
• Social features including posts, comments, photos, and videos
• Optional GPS location sharing for drinks
• Friend connections and group awareness features
• Leaderboards and session tracking
• Advertisements from third-party advertising partners

3.2 Awareness and Education Only

BAC Battle is for entertainment, awareness, and educational purposes only. The BAC calculations and all related features are estimates that may be inaccurate and must NEVER be used to determine fitness to drive, operate machinery, or make any safety-related decisions.

3.3 Profile Visibility & Content Sharing

BAC Battle offers two profile visibility settings that control who can see your content:

• Public Profile: Your posts may appear in the Discover feed and can be viewed by anyone browsing your profile, including non-friends. Followers who are not friends can also see your posts in their feed.
• Friends-Only Profile: Only your accepted friends can see your posts. Your content will not appear in the Discover feed or be visible to non-friends browsing your profile.

Important - Drinks Are Always Private: Regardless of your profile visibility setting, your drink logs, BAC data, and location-tagged drinks are ALWAYS only visible to your accepted friends. Non-friends can NEVER see your drinking activity, even if your profile is set to public.

You can change your profile visibility setting at any time in the app under Profile → Settings. See our Privacy Policy for complete details on data visibility.

4. User Conduct and Prohibited Activities

4.1 Acceptable Use

You agree to use the App responsibly and in compliance with all applicable laws. You agree NOT to:

• Use the App if you are under the legal drinking age
• Use BAC estimates to determine whether it is safe to drive or operate machinery
• Encourage excessive or irresponsible alcohol consumption
• Promote dangerous drinking games or behavior
• Share content that violates these Terms or applicable laws

4.2 Content Standards

When posting content (text, images, videos, comments), you agree NOT to post content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Contains nudity, sexually explicit material, or pornography
• Promotes violence, discrimination, or hate speech
• Infringes on intellectual property rights of others
• Contains malware, viruses, or harmful code
• Involves minors in any alcohol-related context
• Promotes or glorifies drunk driving or dangerous behavior
• Is spam, advertising, or solicitation (unless authorized)

4.3 Prohibited Technical Activities

You agree NOT to:

• Reverse engineer, decompile, or disassemble the App
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use bots, scripts, or automated tools to interact with the App
• Interfere with or disrupt the App's functionality
• Circumvent any security features or access controls
• Collect or harvest user data without authorization

5. User-Generated Content

5.1 Your Content

You retain ownership of content you create and post on BAC Battle (posts, comments, photos, videos). However, by posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content within the App and for promotional purposes.

5.2 Content Moderation

We reserve the right (but have no obligation) to:

• Monitor, review, and moderate user-generated content
• Remove content that violates these Terms
• Suspend or terminate accounts that violate these Terms
• Report illegal content to authorities

5.3 Content Responsibility

You are solely responsible for your content. We do not endorse, support, or guarantee the accuracy of user-generated content. We are not liable for any content posted by users.

6. Privacy and Data Collection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy and Cookie Policy. By using the App, you consent to our data practices as described in those policies.

Key data we collect:

• Account information (email, username, profile data)
• Drink logs and BAC estimates
• User-generated content (posts, comments, photos, videos)
• Optional GPS location data when you share drink locations
• Device information for app functionality
• Optional analytics data when you enable "Help improve the app" (you can opt out anytime in Settings)

7. Intellectual Property Rights

7.1 Our Rights

The App, including its code, design, graphics, logos, and content (excluding user-generated content), is owned by BAC Works and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

7.2 Trademarks

"BAC Battle" and associated logos are trademarks of BAC Works. You may not use our trademarks without prior written consent.

8. BAC Battle Premium and Purchases

BAC Battle offers optional premium features through subscription plans and one-time purchases. This section outlines the terms governing these paid offerings.

8.1 Premium Options

BAC Battle Premium is available through:

• Monthly Subscription: Auto-renewing monthly access to premium features
• Yearly Subscription: Auto-renewing annual access to premium features at a discounted rate
• Lifetime Purchase: One-time payment for permanent access to premium features

Current pricing is displayed in the Google Play Store and within the App before purchase. Prices may vary by region and are subject to change.

8.2 What Premium Includes

• Ad-Free Experience: Removal of all advertisements within the App
• Additional Features: Access to premium features as described in the "Premium Benefits" section within the App

Premium features may be modified, added, or removed over time. The current list of benefits is always available in the App under the Premium section. Core benefits (ad-free experience) will remain available to all premium subscribers.

8.3 Billing and Payments

• All payments are processed through Google Play
• BAC Works does not collect, store, or have access to your payment card information
• Charges are applied to your Google Play account upon purchase confirmation
• For subscriptions, you will be charged at the start of each billing period (monthly or yearly)
• Premium features become available immediately upon successful payment

8.4 Subscription Auto-Renewal

• Automatic Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel
• Renewal Charge: You will be charged within 24 hours before the start of the next billing period
• Same Price: Renewals are charged at the same price unless you are notified of a price change in advance
• Continuous Access: Your premium access continues uninterrupted as long as your subscription remains active

8.5 Free Trials

Currently, BAC Battle does not offer free trials for premium subscriptions. If free trials are introduced in the future:

• The trial duration will be clearly stated before you start
• You will automatically be charged and converted to a paid subscription if you do not cancel before the trial ends
• You will be notified before any charges occur

8.6 How to Cancel Your Subscription

You may cancel your subscription at any time through Google Play. Cancellation is easy and does not require contacting us directly.

To cancel:

1. Open the Google Play Store app on your device
2. Tap the Menu icon, then tap Subscriptions
3. Select BAC Battle Premium
4. Tap Cancel subscription and follow the instructions

After cancellation:

• Your premium access continues until the end of your current paid period
• You will not be charged for future billing periods
• No partial refunds are provided for unused time in the current period (unless required by applicable law)

For more information, visit Google Play Subscription Help.

8.7 Lifetime Purchase

The Lifetime purchase option provides:

• One-Time Payment: A single payment with no recurring charges
• Permanent Access: Access to premium features for as long as the App is available and your account remains active
• Non-Transferable: The purchase is tied to your BAC Battle account and Google Play account and cannot be transferred to another account

If the App is discontinued, Lifetime purchasers will be provided with reasonable advance notice and a fair resolution as outlined in Section 8.11.

8.8 Refunds

Refund requests are handled according to Google Play policies:

• Within 48 hours: Contact Google Play support directly for a refund through the Play Store
• After 48 hours: Contact us at [email protected] for case-by-case review
• Automatic Refunds: Some refunds may be processed automatically by Google Play based on their policies

For Google Play's refund policy, visit Google Play Refund Policy.

8.9 Price Changes

• We reserve the right to change subscription and purchase prices at any time
• Current prices are always displayed in the Google Play Store before purchase
• Existing subscribers will be notified of price changes before their next renewal
• You may cancel your subscription before the new price takes effect
• Lifetime purchases are not affected by future price changes

8.10 EU Consumer Rights

If you are a consumer in the European Union, you have the following rights regarding digital content purchases:

• 14-Day Right of Withdrawal: Under EU law, you normally have 14 days to withdraw from a digital content purchase
• Waiver of Withdrawal Right: By purchasing and immediately accessing premium features, you acknowledge that:
  • You request immediate access to the digital content
  • You understand and agree that you lose your right of withdrawal once the digital content is accessed
• Statutory Rights: These terms do not affect your statutory rights under EU consumer protection laws

Google Play also provides consumer protections for EU users. See Google Play Consumer Rights.

8.11 Service Changes and Discontinuation

• Feature Changes: We may modify, add, or remove premium features with reasonable notice. Core benefits (ad-free experience) will remain available to active subscribers.
• Service Discontinuation: If we discontinue the App or premium services:
  • We will provide advance notice (minimum 30 days where possible)
  • Active subscribers may receive a pro-rata refund for unused subscription time
  • Lifetime purchasers will receive a reasonable resolution (such as partial refund or alternative compensation)

8.12 Account Requirements

• You must have an active BAC Battle account to use premium features
• Your premium status is linked to both your BAC Battle account and your Google Play account
• Important: Deleting your BAC Battle account does NOT automatically cancel your subscription. You must cancel your subscription through Google Play before deleting your account to avoid continued charges.

9. Safety Disclaimers and Limitations

For complete safety information, see our Safety & Liability Waiver.

10. Disclaimers and Limitation of Liability

10.1 No Warranty

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

We do not warrant that:

• The App will be error-free or uninterrupted
• Defects will be corrected
• The App is free from viruses or harmful components
• BAC calculations or any data is accurate

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BAC Works SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

• Your use or inability to use the App
• Reliance on BAC estimates or any information in the App
• User-generated content or conduct of other users
• Unauthorized access to your account or data
• Errors, viruses, or technical issues
• Any alcohol-related incidents, accidents, injuries, or legal consequences

YOU ASSUME ALL RISKS ASSOCIATED WITH ALCOHOL CONSUMPTION AND USE OF THE APP.

11. Indemnification

You agree to indemnify, defend, and hold harmless BAC Works, its affiliates, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any laws or rights of third parties
• Your content posted on the App
• Your use or misuse of the App
• Your alcohol consumption or related decisions

12. Account Suspension and Termination

12.1 Our Right to Terminate

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

• Violation of these Terms
• Posting prohibited content
• Fraudulent or illegal activity
• Abuse or harassment of other users
• Any reason at our sole discretion

12.2 Your Right to Terminate

You may delete your account at any time through the App settings or by contacting us. See our Data Deletion Policy for details.

12.3 Effect of Termination

Upon termination, your right to use the App ceases immediately. Sections that by their nature should survive termination (including disclaimers, liability limitations, and indemnification) will continue to apply.

13. Changes to the App and Terms

13.1 Service Changes

We reserve the right to modify, suspend, or discontinue any feature of the App at any time without notice.

13.2 Terms Updates

We may update these Terms from time to time. When we make significant changes:

• We will notify you through the App or email
• The "Last Updated" date will be revised
• Your continued use after changes constitutes acceptance
• If you don't agree, you must stop using the App

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by the laws of Hungary, without regard to its conflict of law provisions.

14.2 Dispute Resolution Process

In the event of any dispute, claim, or controversy arising from these Terms or your use of the App:

1. Informal Resolution: First, contact us at [email protected] to attempt to resolve the dispute informally.
2. Mediation: If informal resolution fails within 30 days, both parties agree to attempt mediation through a mutually agreed mediator in Hungary.
3. Court Proceedings: If mediation is unsuccessful, disputes shall be resolved in the competent courts of Budapest, Hungary.

14.3 EU Consumer Rights

If you are a consumer in the European Union, nothing in these Terms affects your statutory rights under EU consumer protection laws. You may also have the right to bring proceedings in the courts of your country of residence.

15. Third-Party Services and Links

The App may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of third-party services. Your use of third-party services is at your own risk.

16. Advertising and Sponsored Content

BAC Battle displays advertisements and sponsored content. By using the App, you acknowledge and agree to the following:

16.1 Types of Advertising

• Google AdMob Advertisements: Third-party ads served by Google's advertising network
• Partnered Posts: Sponsored content from direct advertising partners, clearly labeled with a green "Partnered" badge

16.2 Sponsored Content Disclosure

Partnered posts are clearly identified with a "Partnered" label and green badge to distinguish them from regular user content and Google advertisements. These posts are paid promotional content from businesses and brands that have a commercial relationship with BAC Battle.

16.3 Ad Targeting

Advertisements and partnered posts may be targeted based on:

• Your approximate geographic location (if you have granted location permission)
• General app usage patterns
• Your interests and online activity (for Google AdMob ads)

You can limit ad personalization through your device settings (Settings > Google > Ads on Android).

16.4 Interaction with Advertisements

• Clicking on advertisements or partnered posts may redirect you to third-party websites
• We are not responsible for the content, products, or services offered by advertisers or partners
• Any transactions or interactions with advertisers are solely between you and the advertiser
• We do not endorse any products, services, or content featured in advertisements

16.5 Ad-Free Option

BAC Battle Premium subscribers enjoy an ad-free experience, which includes removal of both Google AdMob advertisements and partnered posts. See Section 8 for details about Premium subscriptions.

For information about how advertising data is collected and used, please see our Privacy Policy and Cookie Policy. For Google's advertising terms, see Google Ads Policies.

17. Geographic Restrictions

The App is intended for users in countries where it is legal to consume alcohol and use alcohol tracking apps. You are responsible for ensuring your use of the App complies with local laws.

18. Severability

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

19. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Safety & Liability Waiver, constitute the entire agreement between you and BAC Works regarding the App and supersede all prior agreements.

20. Contact Information

For questions about these Terms of Service, please contact us:

End of Terms of Service