Plain-English summary. Beer Buddy is a calorie counter and self-awareness tool, not a medical or legal device. You can't sue us over what its BAC numbers say. You own your data; we don't sell it. You agree to use the app legally and to not abuse the social features. Subscriptions auto-renew through Apple unless you cancel them. We can update these terms — if we do, we'll let you know.
1. The parties
This End-User License Agreement (the "EULA" or "Agreement") is entered into by and between Delta Metrics LLC, a limited liability company organized under the laws of the United States ("Delta Metrics," "we," "us," "our"), and you, the end user of the Beer Buddy mobile application and any related websites or services (collectively, the "App" or "Service"). By installing, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not install or use the App.
2. License grant
Subject to your continuing compliance with this Agreement, Delta Metrics grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the App on any device that you own or control and that is permitted by the applicable platform (e.g., the Apple App Store) terms. All rights not expressly granted are reserved by Delta Metrics.
3. Restrictions
You may not, and may not permit any third party to:
- Reverse engineer, decompile, disassemble, or attempt to extract source code from the App, except to the limited extent applicable law permits despite this prohibition.
- Copy, modify, translate, or create derivative works of the App.
- Rent, lease, lend, sell, sublicense, distribute, transmit, host, or otherwise commercially exploit the App.
- Remove or alter any proprietary notices contained in the App.
- Use the App to develop a competing product or service.
- Use the App in violation of any applicable law, including laws relating to alcohol consumption, driving, or the age of majority.
4. Accounts & eligibility
To use most features of the App you must create an account. You represent and warrant that you are at least 21 years of age (or the age of legal majority in your jurisdiction, whichever is higher), that the information you provide is accurate and complete, and that you will keep your account credentials secure. You are responsible for all activity that occurs on or through your account.
5. Not medical or legal advice
Beer Buddy is a self-awareness and lifestyle tool. It is not a medical device, not a legal device, and not a substitute for professional advice. The Blood Alcohol Concentration ("BAC") estimates, calorie counts, hydration suggestions, and other metrics shown in the App are calibrated approximations based on the information you provide (e.g., body weight, drinks logged, time elapsed). They are inherently imprecise and may differ — sometimes substantially — from clinical measurements or from your actual physiological state.
You agree not to rely on Beer Buddy for any decision that involves a risk of harm to yourself or others, including, without limitation, whether it is safe or lawful to operate a motor vehicle, machinery, or watercraft. If you have been drinking, do not drive. If you have questions about your health, consult a qualified medical professional.
6. User content & social features
The App lets you log drinks, write captions, upload photos, follow friends, and share posts (collectively, "User Content"). You retain ownership of your User Content. By submitting User Content you grant Delta Metrics a worldwide, royalty-free, sublicensable, non-exclusive license to host, store, reproduce, display, and distribute that content solely to operate, improve, and provide the Service.
You agree not to upload User Content that:
- Is unlawful, defamatory, fraudulent, hateful, harassing, or threatening.
- Infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other intellectual or proprietary right.
- Contains personally identifying information about another person without their consent.
- Promotes the consumption of alcohol by minors or excessive consumption in ways likely to cause harm.
- Contains software viruses, malicious code, or attempts to disrupt the Service.
We may, but are not required to, review, moderate, suspend, edit, or remove any User Content for any reason or no reason, including to comply with applicable law or platform policies (e.g., Apple App Store Guideline 1.2 on user-generated content).
7. Subscriptions & in-app purchases
Some features of the App require a paid subscription ("Beer Buddy Plus" or "Beer Buddy Pro") or a one-time purchase (e.g., the Verified badge). All purchases are processed by Apple through the App Store and are subject to Apple's standard terms.
Auto-renewal terms
- Payment is charged to your Apple ID at confirmation of purchase.
- Subscriptions automatically renew at the end of the current period at the then-current price unless auto-renew is turned off at least 24 hours before the end of that period.
- Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.
- You can manage and cancel subscriptions in your App Store account settings after purchase. Deleting the App does not cancel your subscription.
- No refunds will be provided for the unused portion of any term, except as required by applicable law or Apple's policies.
Free trials
If we offer a free trial, you must cancel before the trial period ends to avoid being charged. Trials may not be available to users who have previously used a Beer Buddy trial or subscription.
8. Changes to the Service or these terms
We may add, change, suspend, or discontinue any part of the Service at any time, with or without notice. We may also modify this Agreement. If we make a material change we will give you reasonable notice (for example, via in-app notice or email) before it takes effect. Your continued use of the Service after a change takes effect constitutes your acceptance of the change. If you do not agree with a change, your sole remedy is to stop using the Service.
9. Termination
You may stop using the App and delete your account at any time (see how to delete your account). We may suspend or terminate your access if we reasonably believe you have violated this Agreement, the law, or our community guidelines. Sections that by their nature should survive termination — including ownership, disclaimers, indemnity, limitation of liability, governing law, and dispute resolution — will survive.
10. Intellectual property
The App, its source code, design, trademarks, logos, and all related content (other than your User Content) are owned by Delta Metrics or its licensors and are protected by United States and international copyright, trademark, and other intellectual-property laws. "Beer Buddy," the Beer Buddy logo, and "Delta Metrics" are trademarks of Delta Metrics LLC. Nothing in this Agreement transfers any ownership interest in any of those rights to you.
11. Disclaimer of warranties
THE APP AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by law, Delta Metrics disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of data, and quiet enjoyment. Delta Metrics does not warrant that the App will be uninterrupted, secure, free of errors, or that BAC, calorie, or other metrics will be accurate.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELTA METRICS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF DELTA METRICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Delta Metrics' aggregate liability for any claim arising out of or related to this Agreement will not exceed the greater of (a) the amount you paid Delta Metrics in the twelve (12) months preceding the event giving rise to the claim, and (b) one hundred U.S. dollars (US$100).
13. Indemnification
You agree to indemnify, defend, and hold harmless Delta Metrics and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (i) your access to or use of the App, (ii) your User Content, (iii) your violation of this Agreement, or (iv) your violation of any third-party right.
14. Apple-specific terms
You acknowledge that this Agreement is between you and Delta Metrics, not with Apple Inc., and that Apple is not responsible for the App or its content. Apple has no obligation to furnish maintenance or support services for the App. In the event of a failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation whatsoever. Claims relating to the App's failure to conform to applicable legal requirements, product liability, intellectual-property infringement, or consumer-protection law are the responsibility of Delta Metrics. Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
15. Governing law & dispute resolution
This Agreement is governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising under or in connection with this Agreement will be resolved exclusively by the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. General
If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign this Agreement; we may. This Agreement, together with our Privacy Policy, is the entire agreement between you and Delta Metrics regarding the App.
17. Contact
Questions about this Agreement? Email us at support@deltametricsai.com.
Delta Metrics LLC · Los Angeles, California, USA