Terms of Use

Beerhands Land OÜ, registry code 16537363, registered at Estonia, Laikmaa tn 15 / Rävala pst 4, Tallinn, Harju County, 10143 (hereinafter: Beerhandsland) is the owner and operator of the mobile application Beerhands (hereinafter: App).

1. ESSENCE OF THE APP AND GENERAL TERMS

1.1 The App is a mobile application developed and administrated by Beerhandsland which is available on up-to-date iOS and Android devices with internet connection and by which the services provided by Beerhandsland (hereinafter: Services) can be accessed.

1.2 In a nutshell, the purpose of the App is to provide the customers (consumers) who use the App (hereinafter: User):

1.2.1 an opportunity to share which beer they are currently drinking and the location they are at by making posts which are photos (usually of a hand holding the beer) and add captions or other details to the post; and

1.2.2 interact and connect with other Users of the App by cheering and commenting on their posts or following them.

1.3 The App is owned and administered by Beerhandsland and allows the Users to find information about the Services provided by Beerhandsland.

1.4 These terms of use (hereinafter: Terms) apply to all legal relationships which arise between the Users and Beerhandsland (the User and Beerhandsland together also referred as: Parties ). These Terms, among other agreements that may be entered into by the Parties on an on-going basis, include the agreement between the Parties for the use of the App and the Services (hereinafter: Agreement).

1.5 If the User does not accept the Terms, then the User is not allowed to use the App or any of the Services provided by Beerhandsland.

2. REGISTERING AN ACCOUNT

2.1. In order to use the Services and gain access to the App, the User must register an account (hereinafter: Account).

2.2. For creating the Account, the User must register the Account by entering an e-mail address, username and full name. Once the Account has been created it will also be possible to log in with Facebook or with Google.

2.3. For registering the Account, the User is required to accept these Terms.

2.4. By registering the Account, the User expressly represents and warrants that they:

2.4.1. have accepted the Terms;

2.4.2. are of legal drinking age in their current location while using the Services;

2.4.3. are legally competent to accept the Terms;

2.4.4. have not previously been suspended or removed from using the Services;

2.4.5. do not currently have an existing Account.

2.5. The User agrees and warrants that any information submitted to Beerhandsland is correct, accurate and up to date. The usage of the App and the functions available may be limited depending on the data submitted (e.g., if location sharing is disabled).

2.6. Once the Account is successfully created, the Parties have entered into the Agreement with an unspecified term by which the User has the right to use the App and request provision of the Services from Beerhandsland, as and if made available on the App.

2.7. Beerhandsland has a right to decide with whom to enter into the Agreement and has the right to refuse it at the discretion of Beerhandsland for any or no reason.

3. SETTING UP A PROFILE

3.1. The User can edit their Account’s profile after registering the Account – add a profile image, change the e-mail, username or full name, add a bio and choose their favourite beer brands. The User can also choose to make their Account private, which means the User’s personal info will not be shared with other Users.

4. SHARING A POST

4.1. The User can create posts on the App for other Users to see.

4.2. To create a new post the User can either upload an existing photo from their device or take a new photo with their device’s camera.

4.3. Once the User has uploaded a photo, they can supplement the new post, for example write a caption, enter a location, tag other Users, select a beer brand, indicate the price of the beer, and rate the beer.

4.4. Once all necessary details have been added, the User can press the share button (✓) and the new post shall be shared on the App. Other Users will be able to see the post on the feed. The post will also be displayed on the User’s profile.

5. CONNECTING WITH OTHERS

5.1. The Beerhandsland App also offers options to interact with other User and their content.

5.2. The User can scroll the feed on the homepage where the posts of other Users are displayed. It is possible to add cheers and comments to the posts of other Users.

5.3. There is also a map function in the App. The map displays the active posts of other Users and the location of these posts.

5.4. The User can visit the profiles of other Users and follow other Users to become friends on the App. It is up to the User who received the follow request to either confirm or delete the request of another User.

6. USER’S LEGAL RIGHTS

6.1. Upon the request of the User, Beerhandsland shall make available to the User such content which does not qualify as personal data and which the User has submitted or created using the Services, such as uploaded images of beer, written text etc (for rights regarding personal data see Section 14.2). Beerhandsland may choose not to make such content available if:

(i) it is not usable outside the context of the Services;

(ii) it is related only to the activities of the User in the use of the Services;

(iii) it has been combined with other information by Beerhandsland and is not separable or can be separated only with disproportionately big efforts; or

(iv) it has been created jointly by the User and other persons and other Users can continue to use the content.

6.2. The User shall notify Beerhandsland in the case of a lack of conformity of the Services promptly (but in any case, 30 days latest as of finding out about the lack of conformity). Beerhandsland’s contact details are provided in these Terms (see Section 12). Such notification must include the User’s name, contact information, date of submitting the notification, description of lack of conformity of the Service and the content of the claim.

7. GENERAL RIGHTS AND OBLIGATIONS

7.1. The User is solely responsible for all activities which they conduct on the App. The User shall notify Beerhandsland immediately if the User becomes aware of any unauthorized use of the App.

7.2. The User is obligated to use the Services and the App only in accordance with the Agreement, law and good practice. The User may use the Services only for its own personal use.

7.3. The User hereby agrees:

(i) not to upload any content or do any actions that contradicts with the Agreement, is illegal, contrary to good practice, pornographic, discriminating, racist, immoral, abusive, harmful, nefarious or otherwise indecent. Beerhandsland has the sole discretion to decide what content is deemed unsuitable for the App and the right to remove any such content from the App. Beerhandsland is not liable for any damage or consequence resulting from Beerhandsland exercising its respective right;

(ii) not to upload any content the User does not have the right to upload, under any law or contractual relationship, including, without limitation, any content that infringes any copyright, trademark, patent, or other intellectual property right or any trade secret.

7.4. The User agrees not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the App. Also, the User agrees not to use the App in an unintended manner, as may be determined by Beerhandsland in its sole discretion – which also means that they are prohibited to reverse engineer, decompile or disassemble the App, or collect use, copy or transfer any information from the App without the consent of Beerhandsland.

7.5. Beerhandsland reserves the right to refuse the User the use of the Services. This includes that Beerhandsland reserves a right to end and/or terminate the User’s right to use the Services at any time if the User has infringed the Agreement or the applicable law in any way or if Beerhandsland investigates such infringement.

8. INTELLECTUAL PROPERTY

8.1. The intellectual property rights (including the Beerhandsland logo and all designs, text, graphics, pictures and database rights) to the Services (including the App) as well as data, methods and processes based on which the Services are produced shall vest in and remain the sole and exclusive property of Beerhandsland.

8.2. Hereby Beerhandsland grants to the User a non-exclusive license for the use of the App to the extent where it is necessary for using the Services. This license is limited with the term of the Agreement. This license is not limited with a territory and is given without the right to grant sub-licenses.

8.3. At the moment of entering them, the User grants to Beerhandsland a non-exclusive non-revocable license as regards to the economic and moral rights for the use of any data or any works (including pictures) entered via the App which are protected by intellectual property rights to the extent where it is necessary for functioning of the App, provision of the Services, developing and promotion of the App and/or the Services. This license is limited with the term of the Agreement. This license is not limited with a territory and is given with the right to grant sub-licenses (is transferrable). No monetary remuneration is paid for the license, the remuneration to the User is the User’s right to be provided the agreed Services under the Agreement. The User warrants that it has the right to grant the license as stipulated in this Agreement and this does not infringe the rights of any third parties.

9. LIABILITY

9.1. Beerhandsland is only liable to the User if the breach of the Agreement is caused intentionally or through gross negligence. In any event, Beerhandsland shall not be liable for non-pecuniary damage, loss of revenue and non-contractual damage (including purely economic damage). Furthermore, in any case, Beerhandsland’s liability is limited to 100 euros.

9.2. The App and the Services are provided on an “as is” and “as available” basis without warranty of any kind, which includes that Beerhandsland does not warrant that the use of the Services shall be uninterrupted or error free nor is any warranty given as to up-time of the Services and the results that may be obtained from the use of the Services. Regardless, Beerhandsland does not limit the User’s right to claim for damages or use any other legal remedies provided by law upon non-compliance of the Services with the Terms valid at the time of the provision of the Services to the User.

9.3. Beerhandsland is not responsible for the content created by other Users and any damages thereof if said content infringes upon these Terms. If the User chooses to submit to the App, or otherwise make any content publicly available, they do so at their own risk and Beerhandsland shall have no liability therefor.

9.4. Beerhandsland is not responsible for any damages the User may suffer as a result of alcohol consumption.

10. AMENDMENTS

10.1. Beerhandsland has the right to amend these Terms unilaterally at Beerhandsland’s sole discretion – including in the case where amendments are necessary due to technical or substantive development of the App.

10.2. In case of any amendments, the User shall be notified of such amendments by e-mail at least 30 days before any amendments enter into force. Once the 30 days has passed, the User is deemed to have agreed to the amended Terms, if the User has not within that time-frame cancelled the Agreement (pursuant to Section 14.1).

11. UPDATES

11.1. Beerhandsland may automatically update the App and the Services at Beerhandsland’s sole discretion, including but not limited to when Beerhandsland wants to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Beerhandsland has the right to suspend provision of the Services also for maintenance work or due to any data security risk.

11.2. Beerhandsland may ask the User to update the App. If the User chooses not to install such updates or if they opt out of automatic updates (if possible) they may not be able to continue using the App and the Services. Where the User fails to install updates within a reasonable time, Beerhandsland shall not be liable for non-compliance with the Terms due to lack of updates.

11.3. The User has the right to cancel the Agreement if the update negatively impacts the use of or access to the Services, unless such negative impact is insignificant or if the User is able to maintain the Services in an unmodified format at no additional cost and it continues to comply with the Terms.

12. SUPPORT

12.1. If the User has any problems using the App or the Services or wishes to contact Beerhandsland for any other reason, they can contact Beerhandsland via e-mail info@beerhands.land.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1. The Agreement and the legal relations deriving from it between the User and Beerhandsland shall be governed by the laws of the Republic of Estonia.

13.2. Any complaint against Beerhandsland can be filed by e-mail to info@beerhands.land. Beerhandsland shall process the complaint within a reasonable time.

13.3. If any disputes arise out of or relating to the Agreement, the Parties shall attempt to resolve them through negotiations. If the matter is not resolved by negotiations, the Harju County Court located in Estonia shall have the exclusive jurisdiction as a court of first instance of all disputes arising out of or relating to the Agreement.

13.4. If the User is a consumer, they also have the right to turn to the Committee for Consumer Complaints formed at the Consumer Protection Board (Endla 10A, 10142 Tallinn, Estonia; https://komisjon.ee/et) to reach an out-of-court settlement. This committee solves contractual disputes between consumers and businesses which the parties were not able to resolve by negotiations. Moreover, the User may turn to European Commission’s Online Dispute Resolution App ( https://ec.europa.eu/).

14. MISCELLANEOUS

14.1. Cancellation . The User can cancel the usage of the Services (and the Agreement) any time by stopping the use of the App and deleting their Account on the App or by using the model withdrawal form (see Section 15). This action cannot be undone. Beerhandsland may cancel the provision of the Services (and the Agreement) by giving such notification 30 days prior on the App or by e-mail. After cancellation of the Agreement, the User may not use the Services or make it available to third parties.

14.2. Privacy Policy . Beerhandsland only uses the User’s personal data as described in Beerhandsland’s privacy policy.

14.3. Indemnification. The User agrees to indemnify and hold harmless Beerhandsland, its directors, consultants, employees and its partners against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or not directly arising from the User’s violation of the Agreement, the Sales Agreements or the applicable law.

14.4. Severance. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If that modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.

14.5. Transfer of agreement. Beerhandsland may transfer its rights and obligations under the Agreement to another organization, entity or person. Beerhandsland will let the User know if this happens and Beerhandsland will ensure that the transfer will not affect the User’s rights under the Agreement.

14.6. Language. These Terms may be made available in several languages. In case of inconsistences between the different language versions, the Estonian language version prevails.

15. MODEL WITHDRAWAL FORM

To Beerhands Land OÜ, registered at Estonia, Laikmaa tn 15 / Rävala pst 4, Tallinn, Harju County, 10143, info@beerhands.land : – I hereby give notice that I withdraw from my contract for the provision of the Beerhandsland application service, – Entered into on [enter date], – [Name of consumer], – [Address of consumer], – [Signature of consumer] (only if this form is notified on paper), – [Date]