EULA


Last Updated Sep 26, 2019


Introduction

These End-user license agreement (the “Terms”) and our Privacy Policy govern your use of all available Services and Apps of DxDy Limited (collectively, the “Service”). The terms DxDy Limited or “we” or “us” or “our” or any grammatical variations of the preceding words refer to DxDy Limited. The terms “you” or “your” refer to the client/customer or to users of any of the interfaces (including but not limited to mobile apps and websites) provided by DxDy Limited. By accessing and using the our services, you accept and agree to be bound by the terms and provision of the Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.

License to Use the Service

Subject to these Terms of Service, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution. When using the Service from an iOS device, you may use the Service on any iPhone, iPod Touch or other iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Your right to use the Service is limited by the terms set forth in these Terms of Service.
Except for this license granted to you, we retain all right, title, and interest in and to the Service, including all related intellectual property rights. The Service is protected by applicable intellectual property laws
Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Access and Modifications to the Service

We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.
You must be 13 or older to register as a user or to use the Service. You hereby represent and warrant that 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.

Use Restrictions

You will not use the Service to: (a) upload, post, email, or otherwise transmit any information that contains personally identifying information, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Focused Apps or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) collect or store personal data about other users.

Indemnity

You will indemnify and hold harmless DxDy Limited and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of Service or our licensors’ intellectual property; (ii) your content; or (iii) your violation of these Terms.

Auto Renewing Subscriptions

For auto renewing subscriptions completed in our iOS Apps following terms apply:
  1. • Payment will be charged to iTunes Account at confirmation of purchase.
  2. • Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
  3. • Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
  4. • Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
  5. • Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
  6. • You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings.
  7. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.

Warranty Disclaimers

DXDY LIMITED CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF DXDY LIMITED PROPERTIES IS AT YOUR SOLE RISK, AND DXDY LIMITED PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. DXDY LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL DXDY LIMITED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPLICATION, THE SOFTWARE, THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT DXDY LIMITED HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL DXDY LIMITED BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY DXDY LIMITED AS A RESULT OF YOUR USE OF THE SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOU CLAIM. IF YOU HAVE NOT PAID DXDY LIMITED ANY AMOUNTS DURING SUCH PERIOD, DXDY LIMITED’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO TWENTY DOLLARS ($20.00).
THE TELEPHONY SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER DXDY LIMITED NOR ITS SUPPLIERS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE OR LOSS ARISING FROM OR RELATED TO THE INABILITY TO USE THE TELEPHONY SERVICES TO CONTACT EMERGENCY SERVICES.

We may occasionally update the Service and these Terms. When we do, we will revise the "last updated" date on these Terms. You should check the Service and these Terms frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms shall supersede all earlier versions.

If you have any questions, complaints or claims, please contact us at help@dxdy.dev. We will do our best to address your concerns