Terms of Service

Effective September 28, 2026

1. Agreement to these Terms

These Terms of Service ("Terms") are a legal agreement between you and Punchline Industries, based in the State of Iowa ("Punchline Industries," "we," "us," or "our"). They govern your use of the drainc mobile and web applications, the websites at punchlineindustries.com and related domains, and any related features, content, and services we provide (together, the "Services").

By creating an account, checking a box or tapping a button indicating that you agree, or otherwise accessing or using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Services.

In these Terms, "including" means "including without limitation," and headings are for convenience only.

2. Eligibility and age requirement

You may use the Services only if all of the following are true:

• You are at least 21 years old, and at least the legal age to purchase and consume alcohol where you live, whichever is older.
• You can form a binding contract with us, and you are not barred from using the Services under the laws of the United States or any other applicable jurisdiction.
• You have not previously been banned from the Services.
• You are not located in, or ordinarily resident in, a country or region subject to comprehensive U.S. sanctions, and you are not on any U.S. government list of prohibited or restricted parties.

The Services are intended for use in the United States. If you use them from elsewhere, you do so on your own initiative and are responsible for complying with local law, including any higher drinking age.

We ask for your date of birth to confirm your age. Providing a false date of birth or otherwise misrepresenting your age is a material breach of these Terms. If we learn or reasonably believe that an account belongs to someone under 21, we will terminate it and delete its data as described in our Privacy Policy.

3. Your account

• Accurate information. You must give accurate information when you create your account and keep it up to date.
• One person, one account. Accounts are personal. You may not share your account, create accounts for other people, or create an account using automated means.
• Security. You are responsible for keeping your password confidential and for all activity under your account. Tell us right away at contact@punchlineindustries.com if you suspect unauthorized access.
• Usernames. We may reclaim or require you to change a username that impersonates someone, infringes a trademark, is offensive, or is otherwise inappropriate.
• Communications. You agree that we may send you communications about your account, security, and changes to the Services electronically, including by email and in-app notices, and that these satisfy any legal requirement for written notice.

4. Alcohol, health and safety

4.1 Not medical, health, or safety advice

The Services are for social and entertainment purposes. Nothing in the Services is medical, health, nutritional, legal, or safety advice, and the Services are not a substitute for the advice of a qualified professional. The Services do not diagnose, treat, monitor, or prevent any condition, including alcohol use disorder.

4.2 Estimates are only estimates

Figures such as "standard drinks," totals, and leaderboards are rough estimates based on information you or other users enter (such as serving size and alcohol by volume) and on general conversion factors (for example, the U.S. convention that one standard drink contains about 0.6 fluid ounces of pure alcohol). They may be inaccurate or incomplete. They are not a measure of blood alcohol concentration, intoxication, or impairment, which vary widely based on body weight, sex, food, medication, health, time, and many other factors.

Never use the Services to decide whether you, or anyone else, can safely or legally drive, ride, operate machinery, swim, supervise others, or do anything else that requires you to be sober. If you have been drinking, do not drive. Use a sober driver, rideshare, taxi, or public transit.

4.3 You are responsible for your choices

We do not encourage or endorse excessive drinking, binge drinking, underage drinking, drinking while pregnant, drinking in combination with medications or other substances, or drinking by anyone who should not drink. Games, goals, leaderboards, and similar features are ways to log and share what you choose to drink with friends. They are not challenges to drink more or faster. You alone decide whether, what, and how much to drink, and you are solely responsible for your own consumption and conduct and for complying with all laws that apply to you, including laws on public consumption, open containers, and impaired driving.

You must never use the Services to pressure, dare, shame, or encourage anyone to drink, to drink more than they want to, or to drink when they are underage, impaired, or otherwise unable to make a safe choice.

4.4 Assumption of risk and release

You understand that consuming alcohol carries inherent risks, including intoxication, impaired judgment, injury, illness, addiction, legal consequences, property damage, and death. To the fullest extent permitted by law, you knowingly and voluntarily assume all of those risks, and you release Punchline Industries and its owners, officers, employees, contractors, and agents from all claims, liabilities, and damages arising out of or relating to any person's consumption of alcohol or other substances, whether or not that consumption was logged, displayed, or discussed in the Services. This release does not apply to liability that cannot be released under applicable law, such as liability for our own gross negligence, fraud, or willful misconduct.

4.5 Pace reminders, water logs, and ride links

The Services may show optional reminders to slow down or drink water, based on the drinks and water you log, and links that open third-party rideshare apps such as Uber or Lyft. These features are general courtesies, not monitoring or a safety service. They depend on what you log, may not appear when they would be helpful, and can be turned off. The absence of a reminder does not mean you are safe to drink more or to drive. Rideshare services are provided by those companies under their own terms, and we are not responsible for their availability, pricing, or conduct.

4.6 Location sharing

You can choose to attach your location to a drink. Sharing where you are (and, over time, patterns of where you go) can reveal sensitive information and may create safety risks. Share locations only with people you trust, and never share someone else's location without their permission.

5. No gambling or prizes

The Services do not offer, and you may not use them to offer, organize, or settle, any wager, bet, pool, lottery, sweepstakes, contest, or prize of monetary or other value based on the results of any game, leaderboard, or other feature. Any arrangement you make with others outside the Services is solely between you and them. We are not a party to it, we do not verify results, and we have no responsibility for it.

6. Friends, games and who can see your content

The Services let you add friends, create and join games, log drinks, post photos and comments, and see activity from others. Please understand how visibility works before you post:

• Your profile (username, profile photo, and bio) can be seen by any signed-in user, so that people can find and add you.
• Your drinks, including any photos, notes, and locations attached to them, can be seen by you, by your accepted friends, and by the members of any game the drink was logged into.
• Games can be seen only by their members. Anyone with a game's join code can see a preview of the game (its name, host, description, and number of players) and join it, so share join codes only with people you want in the game.
• Public events, such as the weekend leaderboard, can be seen and joined by any user. When you join one, everyone in it, including people you don't know, can see your username, profile photo, home state, and the drinks you log while it runs. Joining is optional, and you can leave at any time.
• Comments can be seen by anyone who can see the drink or game they were posted on.
• Photos are stored at unlisted web addresses. They are not searchable or browsable, but anyone who has a photo's direct link can view it.

Other people can screenshot, save, or share anything they can see. Deleting content or your account removes it from the Services but cannot recall copies others already made. Hosts of a game can delete the game, which removes it for all players. We may change how visibility works over time. If we make content visible to a wider audience than described here, we will tell you in advance.

7. Your content

7.1 You own your content

"Your Content" means anything you submit to the Services, including drink logs, photos, profile information, comments, game details, and barcode information. As between you and us, you keep ownership of Your Content.

7.2 License you give us

You grant Punchline Industries a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (to our service providers acting for us), and transferable (in connection with a merger, acquisition, or sale of assets) license to host, store, reproduce, process, adapt (for example, resizing or reformatting), display, and distribute Your Content, solely to operate, provide, secure, and improve the Services and as described in our Privacy Policy. This license ends when Your Content is deleted from the Services, except (a) for copies in backups kept for a limited period, (b) where we must keep it to comply with law or resolve disputes, and (c) for product and nutrition information you contribute to shared features such as the barcode database, which is stored without any link to your account and which you license to us and other users perpetually and irrevocably.

7.3 Your promises about Your Content

You represent and warrant that (a) you own or have all rights needed to submit Your Content and grant the license above; (b) Your Content does not infringe or violate anyone's intellectual property, privacy, publicity, or other rights; (c) you have the permission of every identifiable person who appears in Your Content, including in photos; (d) Your Content does not depict anyone under 21 with alcohol; and (e) Your Content complies with these Terms and applicable law.

7.4 Feedback

If you send us ideas, suggestions, or feedback, we may use them for any purpose without obligation or compensation to you.

8. Community rules

You agree not to, and not to help or encourage anyone else to:

• use the Services if you are under 21, or help anyone under 21 obtain, consume, or appear in content with alcohol;
• promote, glorify, or pressure anyone into dangerous drinking, drinking and driving, or combining alcohol with drugs or other substances;
• buy, sell, advertise, or arrange the sale or delivery of alcohol, drugs, or any other regulated product through the Services;
• harass, bully, threaten, stalk, intimidate, or demean anyone, or post hate speech or content that attacks people based on protected characteristics;
• post sexual content, nudity, graphic violence, or content that sexualizes anyone;
• post content that promotes or glorifies self-harm or suicide;
• share another person's private information, including their location, without their consent, or post content that invades anyone's privacy;
• impersonate any person or organization or misrepresent your affiliation with anyone;
• post content that is illegal, fraudulent, defamatory, or infringes anyone's rights;
• send spam or unsolicited promotions, or create accounts or content using bots or other automated means;
• access, scrape, crawl, or collect data from the Services by automated means, or use data from the Services to train machine-learning models, except as we expressly permit;
• probe, scan, or test the vulnerability of the Services, bypass any security, access-control, visibility, or rate-limiting measure, or access data or accounts you are not authorized to access (see reporting security issues for how to report vulnerabilities in good faith);
• interfere with or disrupt the Services, including by uploading malware or overloading our systems;
• copy, modify, distribute, sell, lease, decompile, reverse engineer, or attempt to extract the source code of the Services, except as permitted by law notwithstanding this restriction; or
• use the Services in violation of any law or regulation, or for any purpose these Terms do not allow.

9. Moderation and enforcement

We are not obligated to monitor the Services, but we may review content and activity at any time. We may, at our discretion and without notice, remove or restrict any content, and suspend, limit, or terminate any account, if we believe it violates these Terms, creates risk for anyone, or is needed to comply with law. You can report a drink, comment, profile, or game from within the app, or report content or accounts through our support page. Reports are reviewed by our moderators, who may remove the reported content, dismiss the report, or take other action under this section. Filing a report does not guarantee any particular outcome, and knowingly false or abusive reports are themselves a violation of these Terms. You can also block another user, which stops you from seeing each other's content and interacting in the Services. Blocking is a personal tool, and it does not by itself remove content or accounts. We are not responsible for content posted by users, and your interactions with other users are solely between you and them.

10. Privacy

Our Privacy Policy explains what information we collect, how we use and share it, and your choices and rights, including how to delete your account and data. By using the Services, you acknowledge that we will process your information as described there.

11. Our intellectual property and your license

The Services, including their software, design, text, graphics, logos, and the "Punchline Industries" and "drainc" names and marks, are owned by Punchline Industries or its licensors and are protected by intellectual property laws. Except for Your Content, we and our licensors keep all rights in the Services.

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use one copy of our apps on devices you own or control, and to access the Services, solely for your personal, non-commercial use. This license ends automatically if you violate these Terms or your account is terminated.

Some components of the Services are open-source software licensed under their own terms, which govern your use of those components. Map data is © OpenStreetMap contributors and is available under the Open Database License.

12. Copyright complaints

We respect intellectual property rights and respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). To report content you believe infringes your copyright, send a written notice to our designated agent at contact@punchlineindustries.com that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work you claim is infringed;
3. identification of the material you claim is infringing, with enough information for us to locate it (such as a screenshot and the username that posted it);
4. your contact information, including your address, telephone number, and email address;
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

If your content was removed because of a notice and you believe it was removed by mistake or misidentification, you may send us a counter-notice containing the information required by 17 U.S.C. § 512(g)(3). We may restore the content if the complaining party does not notify us within the period required by law that it has filed an action seeking a court order. Knowingly misrepresenting that material is or is not infringing may make you liable for damages. We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

13. Third-party services and app stores

The Services rely on and may link to services provided by others, such as app stores, map providers, and hosting providers. We do not control third-party services and are not responsible for their content, policies, availability, or practices, and your use of them is subject to their own terms. You obtain our apps through app stores operated by third parties, such as Apple and Google, and your use of an app must also comply with the applicable app store's terms. Those app store providers are not parties to these Terms and are not responsible for the Services, except as stated in Section 14.

14. Additional terms for Apple devices

If you downloaded our app from the Apple App Store, the following terms also apply, and they control if they conflict with the rest of these Terms:

1. Acknowledgement. These Terms are between you and Punchline Industries only, not Apple Inc. ("Apple"). Punchline Industries, not Apple, is solely responsible for the app and its content.
2. Scope of license. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
3. Maintenance and support. Punchline Industries is solely responsible for providing any maintenance and support for the app, as described in these Terms or required by law. Apple has no obligation to provide any maintenance or support for the app.
4. Warranty. Punchline Industries is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Punchline Industries's responsibility, to the extent not disclaimed in these Terms.
5. Product claims. Punchline Industries, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property rights. If any third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, Punchline Industries, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. Legal compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints, or claims about the app should be directed to Punchline Industries at contact@punchlineindustries.com.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the app, such as your wireless data service agreement.
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Fees and advertising

The Services are currently free. We may introduce paid features or subscriptions in the future. If we do, we will show you the price and any additional terms before you buy, and purchases made through an app store will also be subject to that store's payment and refund terms.

The Services may include advertising or sponsored content, which will be labeled as such. We will not sell your personal information or use your drink logs to target advertising to you, and we will update our Privacy Policy and ask for any consent the law requires before we use personal information for advertising.

16. Changes to the Services and these Terms

We may change, add, suspend, or discontinue any part of the Services at any time, including features in testing that may be less reliable. We do not guarantee that any content, including Your Content, will be stored or available indefinitely, so keep your own copies of anything important.

We may update these Terms from time to time. If we make a material change, we will notify you at least 30 days before it takes effect, for example by email or through the Services, unless the change is required sooner by law or addresses a new feature or a security or legal risk. The updated Terms will state their effective date. By continuing to use the Services after an update takes effect, you accept the updated Terms. If you do not agree, you must stop using the Services and may delete your account. Changes to the arbitration agreement are subject to Section 19.10.

17. Termination

You may stop using the Services at any time and may delete your account in the app (Settings > Delete account) or by submitting a request. We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms, if we are required to do so by law, if continuing to provide the Services to you creates risk for anyone, or if we discontinue the Services. When your account ends, your license to use the Services ends, and we will handle your data as described in our Privacy Policy. Sections 4.4, 5, 7.2 (to the extent stated), 7.3, 7.4, 11 (ownership), 18, 19, and 20, and any other terms that by their nature should survive, survive termination.

18. Disclaimers and limitation of liability

18.1 Disclaimer of warranties

The Services are provided "as is" and "as available," with all faults and without warranties of any kind. To the fullest extent permitted by law, Punchline Industries disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, that any information (including standard-drink estimates, totals, leaderboards, and barcode data) will be accurate or reliable, or that any content will be preserved.

18.2 Limitation of liability

To the fullest extent permitted by law: (a) in no event will Punchline Industries or its owners, officers, employees, contractors, agents, licensors, or service providers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or use, arising out of or relating to these Terms or the Services, even if advised of their possibility; and (b) our total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of fifty U.S. dollars (US $50) or the amounts you paid us for the Services in the twelve months before the event giving rise to the claim. These limitations apply to all theories of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and even if a limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by our gross negligence or willful misconduct, or for fraud.

18.3 Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Punchline Industries and its owners, officers, employees, contractors, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Your Content; (b) your use of the Services; (c) your consumption of alcohol or other substances, or your conduct while under their influence; (d) your violation of these Terms or of any law; or (e) your violation of anyone else's rights. We may assume the exclusive defense of any matter subject to indemnification, and you will cooperate with our defense.

19. Dispute resolution and arbitration

19.1 Informal resolution first

Before starting arbitration or a court case, you and we each agree to first try to resolve the dispute informally. The party raising the dispute must send the other a written notice describing it and the relief requested: to us at contact@punchlineindustries.com, and to you at the email address on your account. If the dispute isn't resolved within 60 days after the notice is received, either party may begin arbitration or, where permitted, a court case. The time limits for bringing a claim are paused during this 60-day period.

19.2 Agreement to arbitrate

Except as provided in Sections 19.4 and 19.8, you and Punchline Industries agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with us, whether based in contract, statute, tort, or any other legal theory, and whether it arose before or after you agreed to these Terms ("Dispute"), will be resolved exclusively by final and binding arbitration on an individual basis. The arbitrator, and not any court, has exclusive authority to resolve any Dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except as provided in Section 19.5. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

19.3 How arbitration works

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by this section, before a single arbitrator. Unless you and we agree otherwise, the arbitration will take place in the county where you live or by video conference, and if your claim is for $10,000 or less, it will be decided on written submissions unless the arbitrator decides a hearing is needed. Payment of filing, administrative, and arbitrator fees will be governed by the AAA's rules, which limit the fees a consumer must pay. The arbitrator may award any relief available to an individual in court under applicable law, but only in favor of the individual party seeking relief and only to the extent needed to provide relief for that party's individual claim. The arbitrator's decision is final, and judgment on the award may be entered in any court with jurisdiction.

19.4 Exceptions

Either party may (a) bring an individual claim in small claims court if it qualifies and remains there; and (b) seek an injunction or other equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of its intellectual property rights or of the security of the Services.

19.5 Class action and jury trial waiver

You and Punchline Industries each agree that disputes will be resolved only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. You and Punchline Industries each waive any right to a jury trial.

If this class action waiver is found unenforceable as to any claim or request for relief, then that claim or request (and only that one) will be severed and decided by a court after all individual arbitrable claims are resolved, and the rest of this section will still apply. A court, not an arbitrator, decides disputes about the validity or enforceability of this Section 19.5.

19.6 Mass arbitration

If 25 or more demands for arbitration raising similar claims are filed by or with the help of the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules will apply, and the demands will be administered in batches of no more than 50, with only one batch proceeding at a time and fees assessed per batch as those rules provide. The statute of limitations for any demand not yet in a batch is tolled until its batch begins. You and we agree to cooperate in good faith to make this process efficient and fair.

19.7 Time limit

To the extent permitted by law, any Dispute must be brought within one year after the claim arises. Otherwise, it is permanently barred.

19.8 Your right to opt out

You may opt out of this arbitration agreement by emailing contact@punchlineindustries.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and a message that includes your name, the email address on your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms, and it does not affect any separate arbitration agreement you may have with us.

19.9 Court proceedings

For any Dispute not subject to arbitration, including if you opt out, you and Punchline Industries agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Iowa, and each waives any objection to those courts based on inconvenience or venue, except that either party may bring a qualifying claim in small claims court where the defendant resides.

19.10 Changes to this section

If we make a material change to this Section 19, we will give you at least 30 days' notice. The change will not apply to any Dispute of which we already had written notice. If you reject the change by emailing us before it takes effect, you agree to arbitrate any Dispute in accordance with the version of this Section 19 you last accepted.

20. General terms

• Governing law. Except for Section 19, which is governed by the Federal Arbitration Act, these Terms and any Dispute are governed by the laws of the State of Iowa and applicable U.S. federal law, without regard to conflict-of-laws principles.
• Entire agreement. These Terms, together with the Privacy Policy and any additional terms we present for specific features, are the entire agreement between you and us about the Services and supersede any prior agreements.
• Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will stay in full effect, except as stated in Section 19.5.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit each party's permitted successors and assigns.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, government action, or failures of internet, hosting, or utility providers.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between you and us.
• No third-party beneficiaries. Except as stated in Section 14(j), these Terms do not give anyone else any rights.
• Export controls. You may not use, export, or re-export the Services in violation of U.S. export control or sanctions laws.
• California users. Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• Your rights under law. Nothing in these Terms limits any rights you have under applicable law that cannot be waived or limited by contract.
• Language. These Terms are written in English. Any translation is for convenience, and the English version controls.

21. Contact us

Punchline Industries
Email: contact@punchlineindustries.com
Support: punchlineindustries.com/support