EULA
END USER LICENSE AGREEMENT
Last updated July 2, 2023
TABLE OF CONTENTS
1. THE APPLICATION AND LICENSE TO USE
The MyDygz mobile application (the "Licensed Application" and/or “Application” and/or “App”) is a piece of software presented via a mobile app created to manage your life and home all in one place. Have fun while planning, organizing, celebrating, and collaborating. MyDygz is customized for iOS and Android mobile devices (the "Devices"). It is used to orchestrate events and plan activities in a few clicks. Get organized digitally with all important items at your fingertips,share planning experiences and referrals. Use our time-saving templates to get you started.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Licensed Applicationis licensed to You (the “End-User”) by MyDygz Inc, located at PO Box 916193, Longwood, Minnesota 32791, United States (the "Licensor"and/or MyDygz Inc and/or “Us”), for use only under the terms of this End User License Agreement (the “License Agreement” or the “License”). The Licensor reserves all rights not expressly granted to You in this License Agreement.We are registered in Florida, United States and have our registered office at PO Box 916193, Longwood, FL 32791.
The LICENSE setS forth the legally binding terms and conditions that govern your use of THE LICENSED APPLICATION AND By using the LICENSED APPLICATION, you are accepting thIS LICENSE AGREEMENT. you may not use the LICENSED APPLICATION or accept thIS LICENSE AGREEMENT if you are not at least 18 years old. If you do not agree with all of the provisions of thIS LICENSE AGREEMENT, Please do not access and/or use the LICENSED APPLICATION.
The Licensed Application is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
2. APPLE AND GOOGLE TERMS AND CONDITIONS
By downloading the Licensed Application from Apple's software distribution platform (the "App Store") and Google's software distribution platform (the "Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
In Accordance with Section 9 and 10 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof. Additionally, nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions and by using the Licensed Application you hereby agree to those terms and conditions.
Apple Terms and Conditions
You and Us agree and acknowledge as follows:
This License Agreementis concluded between you and Us, and not between you and Apple Inc. ("Apple"). Apple is not responsible for the Licensed Application. In the event of a conflict between these Terms and the App Store Terms of Service, including the Apple Media Services Terms and Conditions ("Apple Terms") then the Apple Terms will prevail, solely with respect to the conflicting provisions and solely in regards to aspects relating to Apple.
The permission granted to you for the Licensed Applicationis limited to a non-transferable, non-exclusive, revocable, limited permission to use the Licensed Applicationon any iOS products that you own or legally control, and as permitted by the Usage Rules set forth in the Apple Terms, except that such Licensed Applicationmay be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing (or other newer option provided by Apple).
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price (or applicable subscription fee) for the Appto you (if you paid any and for the relative period not used if you paid a subscription fee). Apple has no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the Licensed Applicationor your possession and/or use of the Licensed Application, including (i) product liability claims, (ii) any claim that the Licensed Applicationfails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Licensed Application, or your possession and use of the App, infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., you must not be in violation of your wireless data Services agreement when you use the Licensed Application).
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.
Words beginning with a capital letter in this section, will have the meaning of the words that come before them, or the definition ascribed to them in the App Store Terms of Service.
Google/Android Terms and Conditions
If you use the Licensed Applicationon an Android device, then you and Us agree and acknowledge that: this License Agreement is concluded between you and Us, and not between you and Google LLC and/or any provider of content (the "Provider"), including where Google LLC is acting as an agent for the Provider (collectively "Google"). Google is not responsible for the Licensed Application. Google bears no duties or obligations to you under this License Agreement, including, but not limited to, any obligation to furnish you with service maintenance and support.
In the event of a conflict between this License Agreement and the Google Play Terms of Service ("Google Terms"), the Google Terms shall prevail, solely with respect to the conflicting provisions solely in regards to aspects relating to Google.
The permission granted to you for the use of the Licensed Applicationis a non-transferable, non-exclusive, worldwide, revocable, and limited permission, to perform, display, and use the Licensed Application.
You will have no claims, and you waive any and all rights and causes of action against Google with respect to the services provided as per this License Agreement, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance. In the event of any third-party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party rights, Google will not be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
You must comply with applicable third-party terms of agreement when using the Licensed Application (e.g., you must not be in violation of your wireless data services agreement when you use the Licensed Application).
3. SCOPE OF LICENSE, LICENSE LIMITATIONS AND MODIFICATIONS
3.1. You are given a non-transferable, non-exclusive, non-sublicensable permission to install and use the Licensed Application on any Devices that You (the End-User) own or legally control and as permitted by the Apple Terms and Google Terms (hereinafter together referred to as the “Usage Rules”), with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
3.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, improve, add to and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
3.3 License Restrictions. Without derogating from the generality of the foregoing permission in section 3.1 you shall not (and you shall not permit others on your behalf), and, for removal of any doubt the above license does not grant you the right to:
(a) copy the Licensed Application; (b)remove, alter, delete, or hide/obscure any trademarks or any copyright, patent, trademark, or other intellectual property or proprietary rights notices from the Licensed Application, including any copy thereof; (d) modify, adapt, translate, or otherwise create improvements or derivative works, whether or not patentable, of the Licensed Application; (c) reverse engineer, decompile, disassemble, decode, or attempt to derive or gain access to the source code of the Licensed Applicationor any part thereof; (e) rent, lease, sell, lend, assign, sublicense, distribute, transfer, publish, ormake available the Application, or any features or functionality of the Licensed Application, to any third party for any reason, including by making the Licensed Applicationavailable on a network where it is capable of being accessed by more than one device at any time (including, for timesharing purposes) unless this is specifically permitted by MyDygz Inc and/or by the Usage Rules; (f) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including, without limitation, their ability to engage in real time activities through the Application;(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; (h) use any spider, robot, or other process, device, or means to access the Licensed Application for any purpose, including, without limitation, copying or monitoring any of the material on the Licensed Application. Even if you yourself have never accessed the Application, this section shall apply to you as the owner or initiator of the tool which is doing the above prohibited action; (i) use any process to monitor or copy any of the materials posted on the Application; (j) introduce to the Licensed Application any Trojan horses, viruses, worms, logic bombs, or other material that is malicious or technologically harmful to the Licensed Application and/or the use of it;(k)use any software, device, or routine that interferes with the proper and regular working of the Licensed Application; (l) attempt to gain unauthorized access to, interfere with, disrupt or damageany parts of the Licensed Application, the server on which the Licensed Application is stored and operating on/with, or attack such services, or otherwise attempt to interfere with the proper working of the Licensed Application and/or such servers; (m) use the Licensed Application in, or in association with, the construction,design, maintenance, or operation of any hazardous systems or environments, including any power generation systems; communication systemsor aircraft navigation, air traffic control systems, or any other transport management systems; safety-critical systems or applications, including life-support or medical systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments; and/or (n) share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules and this License Agreement, and with MyDygz Inc's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so, and/or (o) use the Application (i) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise,(ii)in any way that violates any applicable federal, state, local, or international law or regulation, (iii) to publish any harmful, misleading,inaccurate, fraudulent or deceitful materials, including, and without limitation, materials that relate to any of the Licensed Application users, (iv) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with this License Agreement to transmit, or procure the sending of, any advertising or promotional material, including any “spam”, “junk mail,” “chain letter,” or any other types of solicitation, (vi) to impersonate or attempt to impersonate, or request that others impersonateMyDygz Inc, and/or our employees, and/or another user/s, or any other person or entity, (vii) to engage in any other conduct that inhibitsor restricts anyone’s use or enjoyment of the Licensed Application, or which, as determined by us, may harm the Licensor and/or other users of the Licensed Application, or expose them or us to liability.
3.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution, and/or reporting you to law enforcement authorities and damages in our sole discretion. Additionally, we reserve the right to revoke or limit this license given to you, deleteor block your account, or modify your permissions. If we terminate, delete, or suspend your account or this license to you for any reason, you are prohibited from re-registering and/or re-downloading and/or attempting to create (or creating) a new account whether under your name, a fake or inaccurate name, or the name of a third party (even if you’re acting on behalf of that third party).
3.5 Licensor reserves the right, in our sole discretion, to modify the terms and conditions of this License Agreement at any time and for any reason. You waive any right to receive specific notice of each such change. Despite the above, we may, in our sole discretion, alert you about material changes by updating the “Last updated” date and/or by putting a notice on the App, and/or by sending you an email notification. Please ensure that you check this license before you use the App so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised License Agreement by your continued use of the App after the date such revised License Agreement, or part/s of it are made.
4. TECHNICAL REQUIREMENTS
4.1 The Licensed Application requires a firmware version that is compatible with the requirements of the Licensed Application. Licensor recommends using the latest version of the firmware.
4.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. Despite the above, Licensor is not obligated to do so, and we do not guarantee that the Licensed Application will – at all times – be updated and/or compatible with the most recent platform/firmware requirements. In any event, you are not granted rights to claim such an update and hereby waive any claims regarding the above.
4.3 You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Licensed Application satisfies the technical specifications mentioned above. Additionally, You acknowledge and agree that the Licensed Application or parts of it may not properly operate if you fail to use a suitable device and/or if you failed ot update the Licensed Application.
4.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
5. MAINTENANCE AND SUPPORT
5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
5.2 MyDygz Inc and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6. ACCOUNTS
a) Account Creation. If you want to enjoy the services provided by the Licensed Applicationyou will need to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may also open an Account through the use of a third-party platforms or social networks such as Facebook. In this case, please note that we are not responsible for any actions taken, published or information collected (about you), by these third parties and you permit us to share certain information with them in order to provide you with the services (for further details see our Privacy Policy). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and (c) you will not open more than one account. You may delete your Account at any time, for any reason, by following the instructions in the Licensed Application. We reserve the right to refuse your registration to Licensed Application, to suspend, terminate or limit access to your Account for any reason - all in our sole discretion.Furthermore, we reserve the right to delete any inactive Accounts. An inactive Account means any Account that has not been signed into or used for 1 year or above. We will only delete the Account after sending you a notice by email and giving you at least 7 days (from sending the notice) to respond or to login to the Account. After an Account has been deleted, you will no longer be able to access any information, materials or content that were in the Account, and we will not be able to restore.
b) Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account (e.g., not sharing your password with anyone or letting others use your account or your password). You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Unless we have received such notification (in writing - including by email), we have the right to assume, and you hereby agree to such right, that any action taken with/in your account was done by you. You hereby confirm that we will not be liable for any loss or damage arising from your failure to comply with the above requirements.
7. USE OF DATA AND PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy at https://www.mydygz.com/privacy-policy. By using the Licensed Application, you agree to be bound by our Privacy Policy, which is incorporated into this License. Please be advised that the Licensed Applicationis hosted in the United States but that the hosting company may have servers in other countries. Therefore, if you access the Licensed Application from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, or the countries in which your information may be stored, then through your continued use of the Licensed Application, you are transferring your data to the United States and possibly these other countries, and you agree to have your data transferred to and processed in the United States and these other countries. Please see more information regarding the use and storage of your information in our Privacy Policy.
You further acknowledge and agree that Licensor will be able to access and adjust your downloaded Licensed Application content and in some cases your personal information, and that Licensor's use of such material and information is subject to Licensor's Privacy Policy, which can be found in the Licensed Application.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
8. USER-GENERATED CONTRIBUTIONS
The Licensed Application may include functions which allow you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us,and/or in the Licensed Application and/or with other users of the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, and other users of the Licensed Application to use your Contributions in any manner contemplated by us and this License.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by us and this License.
Your Contributions are not false, inaccurate, or misleading (as determined by us).
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone (as determined by us).
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
We reserve the right (but have no obligation) to review any Contributions.Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application, deletion and/or blocking of your account in Licensed Application and/or editing of your contend, and/or any other legal action deemed necessary by us.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, nonexclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. You understand and agree that we have no obligation to give credit to you.
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
10. THIRD PARTY PROVIDERS, THIRD PARTY CONTENT AND LINKS TO THIRD PARTIES
Third Party Providers.
We may use third party platforms such as Google cloud, Facebook, Apple Store and Google Pay for payments, Mailchimp, Google Calendar, Google Analytics, Twilio, as well as other infrastructure, payment and login services - - all as detailed in our Privacy Policy(each a “Service Provider”) to make the services and features on the Licensed Application available. TheseService Provider are owned and operated by third party entities such as Facebook Inc., Google Inc., your mobile network operator and others. MyDygz Inc. is not responsible for the compliance of such Third-Party Providers with any law and/or regulation and these services are governed by the Service Provider’s own Terms of Service and/or License Agreements which we recommend that you review. By using the Licensed Application you hereby agree to the Service Provider’s terms and conditions and to comply with them.
Third Party Content and Links to Third-Parties
The Licensed Application may contain links to other websites, mobile applications, and services ("Third-Party Websites") as well as to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, advertisements for third parties and other content or items belonging to or originating from third parties (collectively "Third Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Licensed Applicationor any Third-Party Content, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Licensed Applicationand access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware the terms of this License Agreement no longer govern such activities. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Licensed Applicationor relating to any applications you use or install from/through the Licensed Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. PAYMENTS AND AUTOMATIC RENEWALS
Some of the Licensed Application’s features and/or services are free of charge. Othersare subject to a service fee (the "Service Fee"). The Service Fee will be charged using the payment details that you provided when requesting the service or based on the preferred payment method that you selected in your user account (including via the Apple Store or Google Play). We may limit or change the available payment methods in our sole discretion.
The payment processing system that we use is provided or supported by a third party (for example Google Play or the Appstore). Such third parties use accepted industry security standards. Nevertheless, we cannot guarantee that these services will be free of errors and do not take any responsibility, other than specifically stated in these Terms, for any faults, errors and or any other damages caused by these third-party payment services.
In certain cases, your selected method of payment may incur you additional fees. For example, some credit card companies charge a fee for online payments or currency conversion fees. These third-party fees are charged directly, and taken by, the relevant third-party payment processor and not by us. Any questions relating to these additional third-party fees should be raised directly with the relevant third party.
Any applicable Service Fees (including any applicable taxes) will be displayed prior to confirming your request for the service. The Service Fee may vary based on your geographical location. We reserve the right to change the Service Fees at any time and while we are under no obligation to do so, we may provide notice of any such changes before they become effective.
Cancellations and automatic renewals. If you selected one of our paid services, these will be charged monthly or annually (based on your selection) and will continue to be charged until you cancel them (monthly or annually), or we terminate your account/License as per this License Agreement. By subscribing to one of the paid services you are providing your explicit consent to the automatic renewal of the payment for that service. You may cancel the paid service at any time in accordance with the cancellation options provided in the Licensed Application and/or in the AppStore / Google Play. Cancellations will apply to the nearest next charge. If any refunds are made, they will be done through your original method of payment, or any other reasonable method currently available to us.You can see our services and prices on our “Subscription” page in the Licensed Application.
12. DISCLAIMER OF WARRANTIES
THE LICENSED APPLICATION IS PROVIDED TO YOU, THE END USER, “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND EXCEPT FOR THE WARRANTIES EXPLICITLY STATED IN THIS LICENSE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MYDYGZ INC, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, MYDYGZ INC PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT DEROGATING FROM ANY OF THE AFORESAID, YOU ACKNOWLEDGE AND AGREE THAT MYDYGZ INCIS NOT AND SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF THE SERVICE PROVIDERS SERVICES, NOR SHALL MYDYGZ INCBE RESPONSIBLE OR LIABLE FOR ANY DAMAGE CAUSED TO YOU DUE TO ANY ACT OR OMISSION ON BEHALF OF SUCH THIRD-PARTY SERVICE PROVIDERS OR YOUR USE OF THEIR SERVICES.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE LICENSED APPLICATION, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR LAST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION/LIMITATION MAY NOT APPLY TO YOU AND WILL ONLY APPLY TO THE MAXIMUM EXTENT, DURATION AND LIMITATION AS IS PERMITED BY THE APPLICABLE JURISDICTION.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYDYGZ INCOR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, MATERIALS AND INFORMATION, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND/OR (B) DIRECT OR INDIRECT DAMAGES THAT YOU SUFFER AND/OR MAY SUFFER AS A RESULT AND/OR IN CONNECTION WITH YOUR USE OF THE LICENSED APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR MYDYGZ INCWAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MyDygz Inc and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this License Agreement, including but not limited to the content you submit or make available through this Licensed Application.
15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Licensed Application, sending us emails, and completing forms in the Licensed Application may constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or through the Licensed Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COOMUNICATIONS, SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE LICENSED APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
16. GOVERNING LAW AND JURISDICTION
This License and your use of the Licensed Applicationare governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Notwithstanding the foregoing, we may lodge a claim against you pursuant to the Indemnification clause in this License Agreement, in any court adjudicating a third-party claim against us.
17. DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in United States, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Licensed Application be commenced more than one (1) year after the cause of action arose and you hereby specifically agree to this condition. In any action to enforce the terms of this License, the prevailing party will be entitled to costs and attorneys’ fees.
18. CALIFORNIA and TEXAS USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the applicable department:
For California residents: Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
For Texas residents: The Attorney General of Texas - https://www.texasattorneygeneral.gov/consumer-protection
19. PRODUCT CLAIMS
MyDygz Inc and the End-User acknowledge that MyDygz Inc, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
20. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
21. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact us at MyDygz Inc. PO Box 916193 Longwood, FL 32791 United States, or by e-mail to: privacy@mydygz.com
22. TERMINATION
This License Agreement and all of its’ terms and conditions shall remain valid until terminated by MyDygz Inc or by You. Your rights under this License will terminate automatically and without notice from MyDygz Inc if You fail to adhere to any term(s) of this License. Upon License termination, You shall stop all use of the Licensed Application, and destroy/delete all copies, full or partial, of the Licensed Application. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Licensed Application (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation, for breach of any representation, warranty, covenant or condition/s contained in this License Agreement, our Privacy Policy or of any applicable law or regulation. We may terminate your use of, or access to, the Licensed Application, or delete any content, and/or your Submissions or Contributions, at any time, without warning, in our sole discretion.
23. INTELLECTUAL PROPERTY RIGHTS
MyDygz Inc and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, MyDygz Inc, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
Unless otherwise indicated specifically in writing, the Licensed Application is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the Licensed Application(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in the Licensed Application“AS IS” for your information and personal use only. Except as expressly provided in this License Agreement, no part of the Licensed Applicationand no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
24. MISCELLANEOUS
This License Agreement constitutes the entire agreement and understanding between you and us the Licensor. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. Our failure to exercise or enforce any right or provision of this License Agreement shall not operate as a waiver of such right or provision. This License Agreement operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You may not assign your rights and obligations. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of this License Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this License Agreement and it will not affect the validity and enforceability of any remaining provisions, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this License Agreement or your use of the Licensed Application. You agree that this License Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute this License Agreement. Your relationship to us is that of an independent contractor, and neither party is an agent or partner or employee of the other.
We hope that you enjoy using our Application. Thank you.