Drybaby, Inc. Terms of Use Agreement
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Last Updated:  October 1, 2025

1. Introduction

Welcome to Drybaby, a social networking application designed to foster alcohol-free socializing through personal profiles, photo or video sharing, messaging, group chats, and listings for third-party or user-hosted alcohol-free social events (collectively, the “Service”). These Terms of Use (“Terms”) govern your access to and use of the Service, whether through our mobile application, website, or any other platform we provide (collectively, the “Platform”). By accessing, downloading, or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Community Guidelines, and any other policies or guidelines published by Drybaby, Inc. (collectively, the “Drybaby Policies”). If you do not agree with these Terms, you must not use the Service.

These Terms form a legally binding agreement between you and Drybaby, Inc., a company headquartered in New York, New York. We reserve the right to modify these Terms at any time, with changes effective upon posting to the Platform. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. Please review the mandatory arbitration provision and class action waiver in Section 15, as they affect your legal rights.

Drybaby is not a mental health service provider and the application is not intended or designed to facilitate mental health support, intervention, treatment or recovery.  If you require mental health support (e.g., depression, suicidality, anxiety, addiction, urges to harm yourself or others) it is your responsibility to consult a licensed mental health professional, crisis hotline, hospital or recovery center. 

2. Account Eligibility and Your Responsibilities

a. Eligibility

To create an account and use the Service, you must:

• Be at least 18 years old;
• Reside in the United States or any of its territories;
• Not be prohibited from using the Service under applicable federal, state, or local law;
• Not have been convicted of a felony, a sex crime, or any violent crime;
• Not be required to register as a sex offender with any governmental entity;
• Not have had your Drybaby account previously suspended or terminated for violating these Terms or Drybaby Policies.

By creating an account, you represent and warrant that you meet these eligibility requirements.

b. Your Obligations

You agree to:

• Use the Service in compliance with all applicable federal, state, local, and international laws and regulations;
• Treat other users with respect, courtesy, and inclusivity, fostering a safe alcohol-free community;
• Maintain the confidentiality of your login credentials and immediately notify Drybaby at team@drybaby.co of any unauthorized use of your account;
• Provide accurate, current, and complete information when creating or updating your account;
• Comply with our Community Guidelines, which outline acceptable behavior and content standards for the Service;
• Promptly update your account information to reflect any changes in eligibility status.

c. Prohibited Actions

You may not:

• Impersonate another person or entity;
• Spam, solicit passwords, or collect personal identifying information from other users for commercial or unlawful purposes;
• Harass, threaten, bully, or defame other users;
• Use the Service for any illegal or unauthorized purpose, including promoting alcohol consumption in violation of our alcohol-free mission;
• Sell, transfer, or assign your profile or account without our prior written consent;
• Collect or store personal data about other users without their express consent;
• Use automated scripts, bots, or other means to collect data or interact with the Service;
• Post or distribute content that violates these Terms, Drybaby Policies, or applicable law;
• Attempt to access or interfere with the Service’s systems, servers, or infrastructure.

d. Prohibited Content

You must not upload, post, or share content that:

• Is obscene, pornographic, excessively violent, or promotes hate speech;
• Contains photos or videos of minors;
• Defames, harasses, or discriminates against others based on race, ethnicity, religion, gender, gender identity, sexual orientation, disability, age, or other protected characteristics;
• Promotes illegal activities, substances (including alcohol or drugs), or unsafe behavior;
• Infringes on any third-party intellectual property rights, including copyrights, trademarks, or trade secrets;
• Contains viruses, malware, spyware, or other harmful code;
• Is misleading, fraudulent, or intended to deceive other users;
• Violates our Community Guidelines or undermines the alcohol-free mission of the Service.

e. Account Termination

Drybaby, Inc. reserves the right to suspend or terminate your account at our sole discretion, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or Drybaby Policies;
• Suspected fraudulent, abusive, or illegal activity;
• Behavior that harms the Drybaby community or undermines its alcohol-free mission.

Upon termination, your access to the Service will cease, and we may delete Your Content, subject to applicable law.

3. Content

a. Your Content

You are solely responsible for all content you upload, post, or share on the Platform, including but not limited to profile information, photos, videos, messages, group chat contributions, and event postings (“Your Content”). You represent and warrant that:

• You have all necessary rights to Your Content;
• Your Content does not infringe upon the rights of any third party, including intellectual property, privacy, or publicity rights;
• Your Content complies with these Terms and Drybaby Policies.

By posting Your Content, you grant Drybaby, Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content in connection with operating, improving, and promoting the Service. You acknowledge that Your Content may be:

• Viewed by other users;
• Shared with our affiliates or partners (e.g., for event promotion);
• Made publicly available through features like event listings or group chats.

b. Member Content

Content posted by other users (“Member Content”) is owned by the respective users who posted it. You may not copy, reproduce, distribute, or use Member Content for any commercial purpose without the express permission of the content’s owner. You acknowledge that:

• You use Member Content at your own risk;
• Drybaby, Inc. is not responsible for the accuracy, safety, or legality of Member Content.

c. Our Content

All content on the Service other than Your Content and Member Content, including text, graphics, logos, designs, software, and other materials, is the property of Drybaby, Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute our intellectual property without our prior written consent.

d. Content Removal and Monitoring

Drybaby, Inc. reserves the right, but is not obligated, to monitor, review, or remove any content posted on the Service that violates these Terms, Drybaby Policies, or is otherwise objectionable, without notice. We may also implement automated systems to detect and flag prohibited content.

4. Inappropriate Content and Misconduct; Reporting

Drybaby, Inc. is committed to fostering a safe, inclusive, and respectful community for alcohol-free socializing. We do not tolerate inappropriate behavior or content that violates these Terms or our Community Guidelines. You are encouraged to report any misconduct, harassment, or violations using the reporting tools provided within the Platform. Reports may be submitted anonymously, where permitted by law.

We reserve the right to investigate reports and take appropriate action, which may include:

• Suspending or terminating user accounts;
• Removing or restricting access to content;
• Banning users from the Service and sharing information with our affiliates or partners to prevent further abuse across related platforms;
• Reporting illegal activity to law enforcement authorities.

We may cooperate with law enforcement or third parties in response to legal requests, such as subpoenas, related to your use of the Service.

5. User Safety

Drybaby, Inc. prioritizes user safety, particularly given the Service’s facilitation of in-person alcohol-free events. You agree to:

• Exercise caution and good judgment when interacting with other users or attending events listed on the Platform;
• Verify the legitimacy of third-party or user-hosted events before attending;
• Report any unsafe or suspicious behavior to Drybaby at team@drybaby.co and, if necessary, to local authorities.

Drybaby, Inc. is not responsible for the conduct of users or third-party event organizers, whether online or offline, and does not perform background checks on users or event organizers.

6. Privacy

Your privacy is critical to us. Our Privacy Policy, incorporated by reference into these Terms, details how we collect, use, store, and protect your personal information, including data related to your profile, messages, event interactions, and usage of the Service. By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy. Please review the Privacy Policy carefully to understand your rights and our obligations regarding your data.

7. Accessibility

Drybaby, Inc. is committed to making the Service accessible to all users, including those with disabilities, in compliance with applicable laws such as the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. If you encounter accessibility barriers, please contact us at team@drybaby.co, and we will work to address your needs.

8. Rights You Are Granted by Drybaby, Inc.

Drybaby, Inc. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to your compliance with these Terms and Drybaby Policies. This license does not permit you to:

• Modify, reverse-engineer, decompile, or create derivative works of the Service;
• Use the Service for any purpose not expressly permitted by these Terms;
• Distribute, sublicense, or transfer access to the Service.

9. Rights You Grant Drybaby, Inc.

By using the Service, you grant Drybaby, Inc. the right to:

• Operate, maintain, improve, and promote the Service using Your Content and any data you provide;
• Store, process, analyze, and display Your Content as necessary to provide the Service’s features, such as messaging, group chats, and event listings;
• Use anonymized or aggregated data derived from your use of the Service for analytics, research, marketing, or other business purposes.

10. Purchases and Future Subscriptions

a. Current Service

The Drybaby app is currently provided free of charge. No fees are required to access messaging, personal profiles, group chats, or event listings at this time.

b. Future Subscription Service

Drybaby, Inc. reserves the right to introduce a subscription service, premium features, or other paid services in the future. Such services may include:

• Enhanced profile features (e.g., custom themes or visibility boosts);
• Additional messaging or group chat capabilities;
• Priority access to event listings or exclusive alcohol-free events;
• Automatic renewal subscriptions, which will continue until canceled by you.

If a subscription model is introduced, we will provide clear instructions for subscription management, including cancellation procedures, through the Platform’s settings. Payments will be processed through third-party payment processors (e.g., Apple, Google, or Stripe), subject to their terms of service. All purchases will be final and non-refundable, except as required by applicable law (e.g., for residents of certain jurisdictions like the EU, EEA, UK, or specific U.S. states).

c. Virtual Items

Drybaby may offer virtual items, such as digital badges, profile enhancements, or event tokens, which represent a limited, non-transferable license to use specific features within the Service. Virtual items are non-refundable and may expire or be revoked at our discretion, subject to applicable law.

11. Third-Party Services and Advertising

The Service may include links to third-party websites, advertisers, or services, such as third-party or user-hosted alcohol-free events posted on the Platform. Drybaby, Inc. is not responsible for:

• The content, availability, privacy policies, or practices of third-party services or events;
• The accuracy or safety of information provided by third-party event organizers;
• Any loss, injury, or damages arising from your participation in third-party or user-hosted events or use of third-party services linked through the Platform.

Your attendance at events or interactions with third-party services is at your own risk. You should review the applicable terms and policies of those third parties. Drybaby, Inc. does not endorse any products, services, or events offered by third parties.

12. Digital Millennium Copyright Act (DMCA)

If you believe that any content on the Service infringes your copyright, you may submit a DMCA takedown notice to our designated Copyright Agent at:

Email: team@drybaby.co
Mail: Drybaby, Inc., 228 Park Avenue South, PMB 875323, New York, NY 10003-1502 US

Your notice must include:

• A description of the copyrighted work;
• The location of the infringing material on the Service;
• Your contact information;
• A statement that you have a good faith belief that the use is not authorized;
• A statement, under penalty of perjury, that the information in your notice is accurate;
• Your electronic or physical signature.

We will respond to valid DMCA notices in accordance with applicable law.

13. Data Security

Drybaby, Inc. implements reasonable technical and organizational measures to protect your data from unauthorized access, loss, or disclosure. However, no system is completely secure, and we cannot guarantee the absolute security of your data. You are responsible for safeguarding your login credentials and using secure devices to access the Service.

14. Disclaimer of Warranties

THE DRYBABY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRYBABY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT:

• The Service will be uninterrupted, secure, error-free, or free from viruses or harmful code;
• Any defects or errors will be corrected;
• The Service will meet your expectations or result in specific outcomes, such as forming friendships, attending events, or arranging connections;
• The information provided by other users or third-party event organizers is accurate, reliable, or safe.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD-PARTY EVENT ORGANIZER.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DRYBABY, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO DRYBABY, INC. IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 IF NO PAYMENT HAS BEEN MADE. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY, INCLUDING CONTRACT, TORT, OR OTHERWISE.

Some jurisdictions (e.g., certain U.S. states) do not allow certain limitations of liability. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Drybaby, Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

• Your use of the Service;
• Your violation of these Terms, Drybaby Policies, or any applicable law;
• Your Content or your interaction with other users or third-party services;
• Your attendance at or participation in any third-party or user-hosted events posted on the Service;
• Your experiences or consequences from meeting up socially or dating other users outside of the Service;
• Your mental health related issues or consequences that may occur as a result of your participation in the Service;
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights.

17. Dispute Resolution

a. Informal Resolution

Before pursuing arbitration, you agree to attempt to resolve any dispute informally by contacting us at team@drybaby.co. We will endeavor to resolve the dispute within 30 days of receiving your notice.

b. Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the breach, termination, enforcement, or interpretation thereof, that cannot be resolved informally, shall be settled by binding arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding. Both you and Drybaby, Inc. agree to waive the right to a trial by jury and to resolve disputes on an individual basis, not as part of a class, collective, or representative action. The costs of arbitration shall be shared equally by the parties, except as required by law.

c. Exceptions

This arbitration provision does not apply to:

• Claims eligible for resolution in small claims court;
• Residents of the European Union, European Economic Area, United Kingdom, or Switzerland, where local law may provide alternative dispute resolution mechanisms;
• Claims related to intellectual property rights or injunctive relief.

18. Termination

You may terminate your account at any time by following the instructions in the Platform’s settings (i.e., Profile/Settings/Delete) or by making a request at team.drybaby.co. Upon termination, your license to use the Service will cease, but your obligations under these Terms, including Section 3 (Content), [Section 9 (Rights You Grant Drybaby, Inc.)](#9-rights You Grant Drybaby, Inc.), Section 12 (DMCA), Section 15 (Limitation of Liability), and Section 16 (Indemnification), will survive.

Drybaby, Inc. may terminate or suspend your account at any time, with or without notice, for any reason, including violation of these Terms or Drybaby Policies.

19. Miscellaneous

a. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, except where preempted by federal law or where other laws apply to residents of specific jurisdictions (e.g., EU, EEA, UK, or Switzerland).

b. Entire Agreement

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and Drybaby, Inc. with respect to the Service and supersede all prior or contemporaneous agreements, whether written or oral.

c. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be replaced with a valid provision that most closely reflects the original intent.

d. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to enforce any provision shall not constitute a waiver.

e. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Drybaby, Inc. may assign or transfer these Terms, in whole or in part, without restriction.

f. Contact Information

For questions or concerns about the Service or these Terms, please contact us at:

Email: team@drybaby.co
Mail: Drybaby, Inc., 228 Park Ave. South, PMB 875323, New York, NY 10003-1502 US

20. Special State and Country Terms

a. Residents of All U.S. States

Drybaby, Inc. operates across all U.S. states and territories. If you have a question or complaint regarding the Service, please contact us at support@drybaby.co or by mail at Drybaby, Inc., 228 Park Ave. South, PBM 875323, New York, NY 10003-1502 US. You may also contact your state’s consumer protection agency for additional assistance. For example:

• California Residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
• New York Residents: You may contact the New York State Attorney General’s Consumer Frauds and Protection Bureau at 120 Broadway, 3rd Floor, New York, NY 10271, or by telephone at (800) 771-7755.

b. EU, EEA, UK, and Switzerland Residents

If you are a resident of the European Union, European Economic Area, United Kingdom, or Switzerland, you may have additional legal rights, including:

• The right to withdraw from a purchase agreement within 14 days, where applicable;
• The right to request deletion of your personal data under certain circumstances, as outlined in our Privacy Policy;
• The right to a refund of subscription payments as provided by local law.
• If the Dispute Resolution section (Section 17) does not apply to you, and you may pursue claims in accordance with local consumer protection laws.

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