These Terms of Service govern your use of Whiplash, our website located
at https://whiplash-app.com, and any related services provided by Digital Dash.
When you use Whiplash, you agree to abide by these Terms of Service and to comply with all applicable
laws
and regulations. If you do not agree with these Terms of Service, you are prohibited from further using
the
app, accessing our website, or using any other services provided by Digital Dash.
If you access or download Whiplash from (1) the Apple App Store, you agree to any Usage Rules set forth
in
the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc.
Terms and Conditions including the Google Apps Terms of Service.
We, Digital Dash, reserve the right to review and amend any of these Terms of Service at our sole
discretion. Upon doing so, we will update this page and notify you through the app and/or the email
address
you provided when you created your account. Any changes to these Terms of Service will take effect
immediately from the date of publication.
These Terms of Service were last updated on February 29, 2024.
Limitations of Use
By using Whiplash and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer Whiplash or any materials and software contained within Whiplash or on our website;
remove any copyright or other proprietary notations from Whiplash or any materials and software contained within Whiplash or on our website;
transfer Whiplash or any of its associated materials to another person or "mirror" the materials on any other server;
knowingly or negligently use Whiplash or any of its associated services in a way that abuses or disrupts our networks or any other service Digital Dash provides;
use Whiplash or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use Whiplash or its associated services in violation of any applicable laws or regulations;
use Whiplash to send unauthorized advertising or spam;
use Whiplash or its associated services while under the age of majority in your state/country of residence;
harvest, collect, or gather user data without the user’s consent; or
use Whiplash or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Age Restriction Acknowledgment
In compliance with legal requirements and the commitment of Digital Dash to promote responsible consumption of alcohol, access to and use of the Whiplash app is strictly limited to individuals who have attained the legal drinking age in their respective jurisdiction. The enforcement of this age restriction is actively upheld through mechanisms implemented in app stores and further verification processes within the app itself. By agreeing to these Terms of Service, users explicitly acknowledge and confirm their eligibility by age for the use of the app. Digital Dash reserves the right to terminate the access of any users found to be in violation of this age requirement at any time without prior notice.
Content Guidelines
Digital Dash is dedicated to fostering a responsible and legally compliant community within the Whiplash app. Users are urged to adhere to stringent content guidelines, particularly in relation to the discussion, depiction, and referencing of alcohol. Content that promotes excessive or irresponsible consumption of alcohol, targets individuals under the legal drinking age, or violates any laws related to advertising and promoting alcohol consumption is expressly prohibited. All users are encouraged to engage in discussions that promote safe and responsible drinking practices. The company retains the sole discretion to remove content or terminate accounts that violate these guidelines.
Intellectual Property
The intellectual property in the materials in Whiplash and on our website are owned by or licensed to Digital Dash. You may download Whiplash to view, use, and display the application on your mobile device for your personal use only. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Digital Dash at any time.
Automatic Updates
You give us permission to download and install updates to Whiplash on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Whiplash from your device.
Liability
Whiplash and the materials in Whiplash and on our website are provided on an 'as is' basis. To the extent permitted by law, Digital Dash makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights. Furthermore, Digital Dash assumes no responsibility for any consequences arising directly or indirectly from the consumption of alcohol as a result of interactions with or content found within Whiplash. Users must understand that they are solely responsible for their actions and compliance with local laws and regulations regarding alcohol consumption. Digital Dash expressly disclaims any liability for the effects of alcohol on the health, safety, or any other aspect of users' lives. In no event shall Digital Dash or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Whiplash, our website, or any other services provided by Digital Dash or the materials in Whiplash, even if Digital Dash or an authorized representative has been notified, orally or in writing, of the possibility of such damage. In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Health and Safety Warnings
Digital Dash underscores the importance of health and safety in the consumption of alcohol. Users of the Whiplash app are advised to consume alcohol responsibly and with awareness of the health risks associated with excessive or inappropriate consumption. The app provides resources and information aimed at educating users on safe drinking practices, recognizing the signs of alcohol abuse, and understanding the long-term health implications of excessive alcohol consumption. It is the responsibility of each user to make informed decisions about alcohol consumption that prioritize personal health and safety, as well as the well-being of others. Users are reminded to always adhere to the recommended guidelines for alcohol consumption and to seek professional advice when necessary.
Accuracy of Materials
The materials appearing in Whiplash or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Digital Dash does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Whiplash or on our website, or otherwise relating to such materials or on any resources linked to Whiplash and our website.
Links
Digital Dash has not reviewed all of the sites linked to Whiplash or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Digital Dash of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Inaccuracies and Mistakes
Please note that any content available on our app may contain typographical errors, inaccuracies, or mistakes related to the service’s description and availability. We have the right to cancel or update any existing services should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our service.
Service Availability
Please be aware that Whiplash, while generally accessible, may have periods of unavailability. We reserve the right to disable the service from time to time to perform necessary tasks such as scheduled backups, maintenance, or system upgrades, aimed at enhancing your user experience and ensuring the optimal performance of the app. Although we strive to notify our users in advance of any substantial downtime, please understand that some situations may necessitate urgent maintenance. In such extreme cases, we may need to disable the service immediately and without prior notice. We appreciate your understanding and patience during these periods, as we work diligently to ensure the consistent quality and reliability of Whiplash.
Notice regarding Apple
To the extent that you are using or accessing Whiplash on an iOS device, you acknowledge and
agree
to the terms of this clause. You acknowledge that these Terms of Service are between you and
Digital
Dash only, not with Apple Inc. (Apple), and Apple is not responsible for Whiplash and any
materials
available in Whiplash.
Apple has no obligation to furnish you with any maintenance and support services with respect to
Whiplash.
If Whiplash fails to conform to any applicable warranty, you may notify Apple and Apple will
refund
the purchase price of the mobile application to you. To the maximum extent permitted by
applicable
law, Apple will have no other warranty obligation whatsoever with respect to Whiplash and any
other
claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform
to
any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to
Whiplash or
your use of Whiplash, including but not limited to (1) product liability claims; (2) any claim
that
our mobile application fails to conform to any applicable legal or regulatory requirement; and
(3)
claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any
third-party
claim that our mobile application infringes that third party’s intellectual property
rights.
You agree to comply with any applicable third-party terms when using Whiplash, including any
Usage
Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon
your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have
accepted the right) to enforce these Terms of Service against you as a third-party beneficiary
of
these Terms of Service.
You hereby represent and warrant that (1) you are not 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 (2) you are not listed on any U.S. Government list of prohibited or restricted
parties.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any
third
party due to or arising out of: (1) your contributions; (2) use of the app; (3) breach of these
Terms of Service; (4) any breach of your representations and warranties set forth in these Terms
of
Service; or (5) your violation of the rights of a third party, including but not limited to
intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification
upon
becoming aware of it.
Right to Terminate
We may suspend or terminate your right to use Whiplash and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Entire Agreement
These Terms of Service and any policies or operating rules constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of
these
Terms of Service shall not operate as a waiver of such right or provision. These Terms of
Service
operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is deemed severable from these
Terms
of Service and does not affect the validity and enforceability of any remaining provisions.
There is
no joint venture, partnership, employment or agency relationship created between you and us as a
result of these Terms of Service or use of the app. You agree that these Terms of Service will
not
be construed against us by virtue of having drafted them. You hereby waive any and all defenses
you
may have based on the electronic form of these Terms of Service and the lack of signing by the
parties hereto to execute these Terms of Service.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Berlin, Germany. You irrevocably submit to the exclusive jurisdiction of the courts in that location.