Please read carefully: These Terms of Service (the "Terms") constitute a legally binding agreement between you and DAEMEX LLC, located at 7200 Silver Pl, Winter Park, FL 32792 US. For the purposes of these Terms, "you" and "your" refer to any customer or end user of the application, any visitor to the website, or anyone else who accesses or uses our services in any manner. These Terms govern your access to and use of the website that publishes these Terms (the "Site"), our mobile applications (each referred to as an "App" and collectively as the "Apps"), and our related content, products, and services (collectively referred to as the "Services").
These Terms contain important information regarding your rights and obligations, as well as conditions, limitations, disclaimers, and exclusions that may apply to you. These Terms also include provisions regarding automatic renewal of subscriptions. These Terms require the use of arbitration to resolve disputes instead of a jury trial or class action. Please read carefully.
These Terms contain binding individual arbitration requirements and a class action waiver, meaning you and DAEMEX STUDIO agree to resolve most disputes through binding individual arbitration rather than through class arbitration, class action, any other type of representative proceeding, or jury trial. You may opt out of the arbitration requirement within 30 days of being notified of these Terms; instructions for opting out are located in Section 18 below (Dispute Resolution; Binding Individual Arbitration).
By downloading, installing, or using the Services in any way, you agree to these Terms and agree to comply with any applicable specific, supplemental, or third-party licenses or terms while using the Services.
If you do not agree to all the terms and conditions of these Terms, please do not access and immediately discontinue use of the Services, cancel any accounts, and promptly uninstall and delete any copies of any applications or software included in the Services that you have.
Changes to Terms and Services
We may update these Terms from time to time at our sole discretion. In such cases, we will take reasonable steps to notify you of the changes made, such as by modifying the date at the top of the updated Terms, by email, or through pop-up or push notifications in the Services. You are responsible for regularly reviewing the Terms and checking the Services for updates. Unless otherwise stated, the updated Terms will be effective from the time we post the updated Terms in the Services. We may also update, change, suspend, or discontinue the Services at any time without notice to you or any other person, and we will not be liable for any such actions.
Eligibility
Our Services are not intended for individuals under the age of 13. If you are at least 13 years old but have not reached the age of majority in your state or country, your parent or guardian must review and agree to these Terms on your behalf and must supervise your use of the Services. Parents or legal guardians of users who are minors are fully responsible for the minor's conduct or negligence while using our Services.
You may not download or use the Apps in any jurisdiction where DAEMEX STUDIO has expressly prohibited such actions. 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; (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
If you (A) do not agree to these Terms, (B) are not of legal age to enter into a binding contract with us, or your parent or legal guardian does not agree to these Terms and your use or access of the Services, or (C) applicable law prohibits access to or use of the Services, then you must not access or use the Site, or order, access, or use the Services.
Prohibited Uses
You agree that you will not, and will not permit anyone accessing the Services through your account or device to do any of the following:
Use the Services in any manner not permitted by these Terms;
Use the Services for any purpose that is prohibited by applicable law or regulation, or in any manner that infringes or violates the rights of others;
Import, submit, upload, post, transmit, or communicate any illegal, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, threatening, intimidating, predatory, malicious, stalking, hate-filled, violent, harassing, discriminatory, or racist content, or any content that infringes or violates the rights of others;
Send, distribute, or publish spam, unsolicited, or bulk commercial electronic communications, or pyramid schemes;
Copy or modify the Services;
Circumvent, disable, destroy, alter, modify, or interfere with any content protection systems, digital rights management, security features, or functionalities in the Services; or
Allow others to do any of the above.
Intellectual Property
We or our licensors retain and exclusively own all rights, title, and interest in and to the Services and their content (including software, artwork, photographs, videos, music, sounds, text, information, and other materials published, provided, or otherwise made available through the Services, but excluding any user-generated content), including all intellectual property rights, whether registered or unregistered, including but not limited to copyrights, patents, patent disclosures and inventions, trademarks, service marks, trade secrets, proprietary technology, and other confidential information, trade dress, product names, logos, company names, and domain names, as well as all associated goodwill, derivative works, and all other rights related to the Services.
We reserve all rights not expressly granted to you under these Terms.
Disclaimer
You expressly acknowledge and agree that you use the Services at your own risk. To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis without any form of warranty. Without limiting the foregoing, we hereby disclaim all warranties and conditions related to the Services, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement. We do not warrant that you will enjoy uninterrupted use of the Services, that the features contained in the Services will meet your requirements, that the operation of the Services will remain available, uninterrupted, secure, or error-free, that any errors or defects in the Services will be corrected, or that the Services are free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable to you or any third party for any personal injury or any incidental, special, punitive, exemplary, indirect, or consequential damages, including but not limited to loss of profits, data loss, business interruption, or any other commercial damages or losses arising from these Terms or related to these Terms. Your interactions or communications with third parties arising from your use or inability to use the Services, your misconduct or negligence, recklessness, or intentional misuse of the Services, and any inaccurate or incomplete information provided or created through the Services, even if we have been advised of the possibility of such damages, even if any agreed-upon or other remedy fails of its essential purpose. In no event shall our total liability to you for all damages exceed fifty dollars ($50).
Even if the above remedies fail of their essential purpose, the above limitations shall apply. Some jurisdictions do not allow the limitation of certain types of damages; in such cases, some of the above limitations may not apply to you. The above limitations or exclusions do not affect your statutory consumer rights in applicable jurisdictions.
Termination
These Terms remain in effect until you perform each of the following actions (as applicable): (i) stop using our Services, (ii) uninstall and delete all copies of all Apps you own. We may terminate these Terms at any time for any reason and will make reasonable efforts to provide you with notice of termination. If you fail to comply with any provision of these Terms, your rights under these Terms will automatically terminate.
Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must cease all use of the Services and uninstall and delete all copies of all Apps you own and all accompanying or related software, documents, and materials associated with the Services; (b) all rights and obligations of both parties under these Terms (including all licenses granted under these Terms) shall immediately terminate. Provisions that by their nature should survive termination or expiration of these Terms shall continue in effect.
General
Unless otherwise specified in these Terms, we may provide any notice required or referenced in these Terms to you by email, by posting a notice in the Services, or by any other legally acceptable means. You are responsible for keeping your information up to date to receive notices and to review the Services. Notices sent by email will be effective when we send the email to the address you provided to us; notices provided by mail will be effective upon mailing. To send us a notice under these Terms, you must contact us as follows: (1) by email at [email protected], or (2) by personal delivery, overnight courier, or registered or certified mail to 7200 Silver Pl, Winter Park, FL 32792 US.