Terms of Service

1. General Terms of Use

These Terms of Service ("Terms") establish a legal agreement between you and Dynamix Software, a division of Mobile Dynamix LLC ("Dynamix Software", "we", "us", or "our"). These Terms govern your access to and use of:

• Our mobile applications (iOS, Android, and other platforms)
• Our websites and online services
• Our software products and related services
• Any other products or services we may offer

These Terms apply to all users, whether you are an individual consumer or representing a business entity.

2. Acceptance of Terms

By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes through reasonable means, which may include posting the updated Terms on our website, sending an email notification, or displaying an in-app notification. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.

3. Use of Services

Device Compatibility: Your use of our Services may be subject to the terms and conditions of your mobile device manufacturer, mobile carrier, or other third-party service providers. You are responsible for ensuring your use complies with all applicable agreements.

Prohibited Uses: You agree not to use our Services:

• On devices that have been modified in violation of the manufacturer's software or hardware guidelines (including "jailbroken" or "rooted" devices)
• In any way that violates applicable local, state, national, or international law
• To transmit any unauthorized advertising, promotional materials, or spam
• To impersonate any person or entity or misrepresent your affiliation with any person or entity
• To interfere with or disrupt the Services or servers or networks connected to the Services
• To attempt to gain unauthorized access to any portion of the Services or any other systems or networks

4. Intellectual Property Rights

Our Content: All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Dynamix Software or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content: You retain ownership of any content you submit, post, or display through our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of providing and improving our Services.

Infringement Policy: We respect the intellectual property rights of others and expect our users to do the same. We will respond to valid notices of copyright infringement and may terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at the address provided below.

5. Account Security

If you create an account with us, you are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Restricting access to your device and account
• Notifying us immediately of any unauthorized access or use of your account

We reserve the right to serve as the sole arbiter in any disputes regarding account ownership or access.

6. Privacy and Communications

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

You agree that we may communicate with you through various channels, including:

• Email to the address you provide
• Text messages (SMS/MMS) to your mobile number
• Push notifications through our mobile applications
• Telephone calls
• In-app messages

You may opt out of certain types of communications through your account settings or by following the unsubscribe instructions in our communications.

7. Fees and Payments

Some of our Services may require payment of fees. If you purchase a paid service:

• You agree to pay all applicable fees as described at the time of purchase
• All fees are non-refundable unless otherwise stated or required by law
• We may change our fees at any time with reasonable advance notice
• You authorize us to charge your designated payment method for all fees incurred

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DYNAMIX SOFTWARE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

10. Export Control and Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of our Services. You represent and warrant that you are not:

• Located in a country that is subject to a U.S. Government embargo
• Listed on any U.S. Government list of prohibited or restricted parties

You will not use our Services in violation of any U.S. export restrictions or regulations.

11. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, with or without notice, for any reason including but not limited to breach of these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on our Services, constitute the entire agreement between you and Dynamix Software concerning our Services.