End User License Agreement (EULA)

END USER LICENSE AGREEMENT

Last Modified: 2/12/2025

This END USER LICENSE AGREEMENT (“Agreement”) is a binding agreement between you (“End User” or “you”) and IGotDys LLC (“Company”). This Agreement governs your use of the IGotDys application on the Android or Apple platform, (including all related documentation, the “App”), as well as purchased content on the Company website (the “Website”). The App is licensed, not sold, to you.

BY CLICKING THE “AGREE” BUTTON ON THE WEBSITE OR DOWNLOADING, INSTALLING, OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP OR THE WEBSITE.

1.              License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

(a)            download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation; and

(b)            access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 7) made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 7; or

(c)             access, stream, download, and use on the Website the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Website, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5 and on the Website.

2.              License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the App, you shall not:

(a)            copy the App, except as expressly permitted by this license;

(b)            modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

(c)             reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d)            remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e)            rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;

(f)             use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;

(g)            use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent;

(h)            frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile App, website, or service;

(i)              use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App; or

(j)              remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

3.              Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4.              Purchase Terms. Your purchase of the App and/or Website content is non-refundable. App subscription on a monthly or yearly basis grants you access to specific features or content within the App for that designated period only. Subscriptions will automatically renew unless you cancel before the next billing cycle. Certain app content is available to you only so long as you have an active, paid subscription.

(a)            Merchandise will be delivered in accordance with the delivery terms provided in your order confirmation. Title and risk of loss passes to you upon delivery of the merchandise to the nationally recognized shipping and delivery provider (USPS, FedEx, UPS, DHL, etc.). You have thirty (30) days to request a return or refund of your merchandise order by contacting Hello@igotdys.com. Return shipping costs will be paid by Company only in the event of defective merchandise.

5.              Not Medical Advice. You understand that the App cannot and does not guarantee results, performance, outcomes, or progress of any kind. The information provided on the App and Website is for educational purposes only. It does not constitute medical advice and should not be used to diagnose or treat any medical condition. Always consult with a qualified healthcare professional regarding any questions you may have about your medical concerns or health conditions. The provider of the information contained in the App or Website is not responsible for any adverse outcomes resulting from reliance on the information presented. This disclaimer incorporates by reference the limitation of liability and disclaimer of warranties in Sections 12 and 13.

6.              Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy (https://www.igotdys.com/privacypolicy). By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7.              Content and Services. The App may provide you with access to Company’s Website and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Website’s Terms of Use and Privacy Policy located at (https://www.igotdys.com/termsofuse) and (https://www.igotdys.com/privacypolicy), which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

8.              User Contributions. The App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the App. All User Contributions must comply with the Content Standards set out in these Terms of Use.

(a)            Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

(b)            You represent and warrant that:

(i)              You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

(ii)            All of your User Contributions do and will comply with these Terms of Use.

(c)             You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

(d)            We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the App.

9.              Monitoring and Enforcement; Termination. We have the right to:

(a)            Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

(b)            Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public or could create liability for the Company.

(c)             Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

(d)            Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

(e)            Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

(f)             Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

(g)            However, we do not undertake to review all material before it is posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10.           Content Standards. These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a)            Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

(b)            Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(c)             Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

(d)            Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (https://www.igotdys.com/privacypolicy).

(e)            Be likely to deceive any person.

(f)             Promote any illegal activity, or advocate, promote or assist any unlawful act.

(g)            Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

(h)            Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

(i)              Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

(j)              Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

(k)            Copyright Infringement. If you believe that any User Contributions violate your copyright, please contact us. It is the policy of the Company to terminate the user accounts of repeat infringers.

11.           Geographic Restrictions. The Content and Services are based in the state of Arizona in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

12.           Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a)            the App will automatically download and install all available Updates; or

(b)            you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

13.           Third-Party Materials. The App may display, include, or make available third-party content (including data, information, Apps, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

14.           Term and Termination.

(a)            The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 14.

(b)            You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.

(c)             Company may terminate this Agreement at any time without notice if it ceases to support the App or Website, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d)            Upon termination:

(i)              all rights granted to you under this Agreement will also terminate; and

(ii)            you must cease all use of the App and delete all copies of the App from your Mobile Device and account.

(e)            Termination will not limit any of Company’s rights or remedies at law or in equity.

15.           Disclaimer of Warranties. THE APP AND WEBSITE CONTENT IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, 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 APP AND WEBSITE, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP OR WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16.           Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR 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 APP, THE WEBSITE, OR THE CONTENT AND SERVICES FOR:

(a)            PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b)            DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP OR WEBSITE CONTENT.

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 COMPANY WAS 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.

17.           Indemnification. You agree to indemnify, defend, and hold harmless Company 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 attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App or Website.

18.           Export Regulation. The App and Website Content and Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App or Website to, or make the App or Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App or Website available outside the US.

19.           Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

20.           Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21.           Entire Agreement. This Agreement, the Website Terms of Use, and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App or Website.

22.           Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.