Agreement
This End User License Agreement (the "EULA") is a legal agreement between you and DxT LLC ("DxT", "we", "our") governing your use of the software applications, games, and any updates, content, and services we make available (each, an "Application", and together the "Applications"), including those distributed under the DxT LLC developer account on the Apple App Store and the Google Play Store. This single EULA applies to all of our Applications.
By downloading, installing, or using an Application, you agree to be bound by this EULA. If you do not agree, do not download or use the Applications. This EULA works alongside our Terms of Use and Privacy Policy; if there is a conflict about your license to use an Application, this EULA controls.
Your relationship with Apple and Google
For Applications obtained through the Apple App Store, this EULA is concluded between you and DxT LLC only, and not with Apple Inc. ("Apple"). DxT, not Apple, is solely responsible for the Application and its content. Your use of the Application must comply with the Apple Media Services Terms and Conditions, including the Apple Licensed Application End User License Agreement; where that agreement sets a stricter requirement, it applies in addition to this EULA. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
For Applications obtained through the Google Play Store, your use is also subject to the Google Play Terms of Service. References to an "app store" below mean whichever store you downloaded the Application from.
Scope of license
Subject to your compliance with this EULA, DxT grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Application for your personal, non-commercial purposes, on any device that you own or control and as permitted by the usage rules of the app store you obtained it from. This license does not allow you to use the Application on a device you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. The Application is licensed to you, not sold.
Auto-renewable subscriptions
Some Applications offer optional auto-renewable subscriptions that unlock premium features (for example, ad removal, additional themes, cosmetic items, leaderboards, expanded limits, or member-only perks). The following terms apply to those subscriptions:
- Title & content. The title of each subscription and the specific features it unlocks are shown on the purchase screen inside the Application before you buy.
- Length & price. The duration (billing period) and the price of the subscription, including the price per period, are displayed on the purchase screen and in the app store listing at the point of sale. Prices may vary by region and are shown in your local currency.
- Auto-renewal. Payment is charged to your app store account (your Apple ID or Google account) at confirmation of purchase. The subscription automatically renews for the same period at the then-current price unless you turn off auto-renew at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
- Managing & canceling. You can manage your subscription and turn off auto-renew at any time in your app store account settings after purchase. On Apple devices, go to Settings → your name → Subscriptions; on Android, open the Google Play Store → Subscriptions. Deleting the Application does not cancel a subscription.
- Free trials. If a subscription includes a free trial or introductory offer, any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
- Refunds. Subscriptions and other purchases are processed by the app store, and refunds are handled under that store's policies. DxT does not control and cannot directly issue app store refunds.
Other in-app purchases
Applications may also offer one-time purchases, such as consumable items or a permanent unlock of premium features. These transactions are processed by Apple In-App Purchase or Google Play Billing under that store's terms. Virtual items and in-app currency have no monetary value, are non-transferable, and cannot be exchanged for cash.
Restrictions
You agree not to, and not to permit anyone else to:
- Copy, modify, translate, or create derivative works of the Application, except as permitted by law or the app store's usage rules.
- Reverse engineer, decompile, or disassemble the Application, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law.
- Rent, lease, lend, sell, redistribute, or sublicense the Application.
- Remove, alter, or obscure any proprietary notices in the Application.
- Use the Application to develop a competing product, or in any unlawful manner or for any unlawful purpose.
Maintenance and support
DxT LLC is solely responsible for providing any maintenance and support services for the Applications, as required under applicable law. You acknowledge that neither Apple nor Google has any obligation to furnish any maintenance or support services for the Applications. Questions or requests for support can be sent to dxt.outreach@gmail.com.
Warranty
The Applications are provided to you on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, DxT disclaims all warranties, express or implied. In the event of any failure of an Application to conform to any applicable warranty, you may notify Apple, and for Applications obtained through the Apple App Store, Apple will refund the purchase price (if any) for that Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be DxT's sole responsibility.
Product claims
DxT LLC, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. This EULA does not limit DxT's liability beyond what is permitted by applicable law.
Intellectual property
The Applications and all associated content (including software, text, graphics, audio, artwork, logos, the DxT name, and the DxT mark) are owned by DxT LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except for the license granted above, this EULA gives you no rights in our intellectual property. In the event of any third-party claim that the Application or your possession and use of it infringes that third party's intellectual property rights, DxT LLC, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by this EULA.
Legal compliance
You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all applicable third-party terms of agreement when using the Application.
Third-party terms and services
The Applications may use or include third-party services (for example, sign-in, multiplayer, analytics, crash reporting, or advertising). Your use of those features may be subject to additional third-party terms, and you agree to comply with them. DxT is not responsible for third-party services or content.
Third-party beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA for Applications obtained through the Apple App Store, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it. Google holds the equivalent right for Applications obtained through the Google Play Store.
Termination
This EULA is effective until terminated. Your rights under this EULA end automatically, without notice, if you fail to comply with any of its terms. We may also suspend or terminate your license if we discontinue an Application. Upon termination, you must stop all use of the affected Application and delete all copies. Termination does not entitle you to a refund of any amounts already paid, except as required by the app store's policies or by law.
Disclaimers
To the maximum extent permitted by applicable law, the Applications are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Applications will be uninterrupted, error-free, or free of harmful components, or that any specific results will be achieved through their use.
Limitation of liability
To the maximum extent permitted by law, DxT LLC, its members, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, lost data, or loss of goodwill) arising out of or relating to your use of the Applications, even if we have been advised of the possibility of such damages. Our total liability for all claims arising out of or relating to this EULA or the Applications will not exceed the greater of US$100 or the amounts you have paid to DxT (or to the app store for our Applications) in the six months immediately preceding the claim. Some jurisdictions do not allow these limitations, in which case they apply only to the extent permitted.
Governing law
This EULA is governed by the laws of the State of Missouri, USA, without regard to its conflict-of-laws principles. Any dispute arising under this EULA will be brought in the state or federal courts located in Missouri, and you consent to personal jurisdiction in those courts. If you are a consumer based in the European Union, you may bring a claim in the courts of the country where you reside. Nothing in this EULA limits any mandatory consumer rights you have under the law of your country of residence.
Changes to this EULA
We may revise this EULA from time to time. When we do, we'll change the "Last updated" date at the top and, for material changes, give you notice inside the affected Applications. Your continued use of an Application after changes take effect means you accept the updated EULA.
Contact
This Application is provided by DxT LLC. Questions about this EULA? Email dxt.outreach@gmail.com.
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