Terms of Use

By installing or using the American Dairy Queen Corporation (“we” or “us”) mobile application (the “app”), you agree to these terms of use and consent to the collection, processing and use of your information as described in our privacy statement. If you do not agree to the terms of use or the privacy statement, do not install (or immediately uninstall) the app. We may change the terms of use or privacy statement at any time and your continued use of the app is your agreement to any changes. The terms of use and the privacy statement also govern any updates or new versions of the app, unless separate terms accompany updates or new versions, in which case the separate terms apply.


Limited Markets and Locations

This app is applicable to limited DQ® locations. You may be able to view and download the app but the functionality and features of the app are only available for participating DQ locations.


Most DQ locations are independently owned and operated franchises, and we do not own or operate these locations. Information about a particular location may not apply to other locations, for example, a special or coupon that is only for use at that location. If you have questions about specific offers, promotions, or products for a particular location, please contact that location.


License

Subject to these terms of use any other applicable terms (for example, the marketplace from which you download the app), we grant you a personal, limited, non-exclusive, non-transferable and revocable license to use the app for personal use on one mobile device.


We own or license the text, pictures, music, barcodes, videos, data, hyperlinks, displays, and other content (“Content”) associated with the app. The Content is protected by copyright, trademark and other intellectual property laws. Although we make the app freely accessible, we are not giving up any rights to any Content or materials in the app, and no rights are transferred to you when you use the app. You may not frame any Content from this app or incorporate the Content into another website, service or app.


Other than the limited license granted herein, you have no other right, title or interest in the app. All rights not expressly granted to you are fully reserved by us and our suppliers or licensors, as applicable, and no rights are conferred by estoppel, operation of law, implication or otherwise. You must not: (1) modify, port, translate, adapt, enhance or create any derivative works of or from the app; (2) decompile, disassemble, reverse engineer, attempt to reconstruct, identify or derive any source code, underlying user interface techniques or algorithms from the app or disclose or decrypt any of the foregoing; (3) knowingly take any action that would cause the app or any component of the app to enter the public domain; (4) resell, transfer or distribute the app or any Content; (5) remove, alter or obscure any proprietary notice (including a copyright or trademark notice); (6) install, use or permit the app to reside on more than one mobile device at a time, other than by separate downloads of the app in accordance with these terms of use; or (7) use the app for any unlawful purpose.


Mobile Payment

You may elect to use functionality of the app which allows you to create a stored value account loaded using a credit or debit card, and to use your mobile device to purchase DQ products using your stored value account (“Mobile Payment”). Mobile Payment will be managed by third party payment processors and we will not receive any payment information. We and our third party vendors will not charge you any fees for use of Mobile Payment. Any credit or debit card charges for loading value to your stored value account are your responsibility.


We reserve the right at any time to discontinue Mobile Payment or change the number or location of stores accepting Mobile Payment. 


Collection and Use of User Information

In order to use the app, you will need to provide certain personal information such as your name, zip code, email, birthdate, photo, or credit card number (“User Information”). You represent that the User Information that you provide to us is accurate and complete. By using the app, you consent to the use, transmission, processing and storage of your User Information to us and our agents and vendors and authorize us and our agents and vendors to use, transmit, process, and store User Information as described in our privacy statement.


Use of the App

You agree that you will not use the app in any way that: (1) is unlawful, fraudulent, or deceptive; (2) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party, including intellectual property or publicity rights; (3) attempts to interfere with, gain unauthorized access to, or damage any computer network, server, system, software or user accounts; (4) uses any manual or automated means, including agents, robots, scripts, or spiders to monitor or copy the app or any Content; (5) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or (6) otherwise violates these terms of use.


If we believe you have violated the terms of use, then we have the right in our sole discretion to terminate any license to the app, suspend or terminate your access to any app functionality, or assert legal action with respect to use of the app.


Indemnification

You agree to defend and indemnify us and our subsidiaries, affiliates, franchisees, officers, directors, employees, and agents, as well as any third party vendors, licensors or providers of Content or software (collectively the “App-Related Parties”), from any claim, demand, or damage, including reasonable attorneys' fees, arising out of or related to your breach of these terms of use or your use or misuse of the Content or app. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate in asserting any available defenses.


Product and Nutritional Information

Any product or nutritional information provided through the app is for informational purposes only, and assumes compliance by locations with ingredient requirements and standardized preparation procedures. Seasonal and manufacturer variations may also affect nutrition information. Nutrition information is based on analysis by R-TECH and Commercial Testing Laboratory, Inc., and representative values from manufacturers, Genesis R&D® SQL and the USDA. Product or nutritional information may not apply to all DQ locations.


Disclaimers; No Warranties

While we strive to maintain accurate and up-to-date Content, the Content may include inaccuracies or material that is outdated. We do not represent the accuracy or reliability of any statement or information made available on or through the app.


THIS APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE AND THE APP-RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER HARDWARE OR SOFTWARE INSTALLED ON YOUR MOBILE DEVICE. WE AND THE APP-RELATED PARTIES FURTHER DISCLAIM ANY WARRANTY THAT THE APP WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE APP AND/OR CONTENT IS CORRECT, ACCURATE, ADEQUATE OR RELIABLE FOR ANY PURPOSE.


Liability Limitations and Disclaimers

You assume all responsibility and risk for your use of the app. There may be delays, omissions, inaccuracies, viruses, technical mistakes, or other problems with the app and we have no obligation to maintain or support the app. You understand that you are solely responsible for any damage to your mobile device or computer system or loss of data that results from any materials or data downloaded from or otherwise provided by the app. The app may contain hyperlinks to websites operated by third parties and we are not responsible for the content of and do not endorse those sites.


NEITHER WE NOR THE APP-RELATED PARTIES ARE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT OR OTHER DAMAGES OR INJURY RESULTING FROM YOUR USE OF THIS APP, INCLUDING ANY DAMAGES CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, OR ASSOCIATED WITH LOSS OF DATA, LOSS OF USE, LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF GOODWILL THAT RESULT FROM THE USE OR INABILITY TO USE THIS APP OR ANYTHING DOWNLOADED FROM OR THROUGH THIS APP.


Some of the above limitations and exclusions may not apply to you if prohibited by applicable law.


Miscellaneous

By using the app, you consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota, for all disputes arising out of or relating to these terms of use or the use of this app. These terms of use shall be construed in accordance with the laws of the State of Minnesota, regardless of any conflicts of law principles. If any provision of these terms of use is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the terms of use shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this app, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. If you use this app from other locations, you are responsible for compliance with applicable local laws. By downloading the app, you represent that you are not a national of, or located in, any country subject to export embargo controls by the USA, and that you are not otherwise prohibited by law from receiving or using the app.