Last updated: [Oct 14th, 2024]
General Terms – All Users
Before using Dot (the "App"), please read these terms of service(“Terms”) carefully. These Terms serve as a legally binding agreement betweenyou and Dot Passion LLC (Dot, we, our or us).
These Terms govern your use of the Appand our related websites, services, applications, products and content(collectively, “Services”). Any reference in these Terms to"Services" includes Dot Content (as defined further below) or anyother part of the Services, and any reference to these "Terms" includes any terms or policies referred toin these Terms, such as our Community Guidelines.
Our Services are provided for private anddomestic use only. You agree not to use our platform for any commercial orbusiness purposes.
For the purposes of these Terms, “you” and “your” means you asthe user of our Services.
THESE TERMS OF USE INCLUDE AN AGREEMENTTO MANDATORY ARBITRATION WHERE PERMITTED BY LAW, WHICH MEANS THAT YOU AGREE TOSUBMIT ANY DISPUTE RELATED TO THE SERVICES TO BINDING INDIVIDUAL ARBITRATIONRATHER THAN PROCEEDING IN COURT UNLESS SUCH AN AGREEMENT IS PROHIBITED BY LAW.THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICHMEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PARTOF A CLASS ACTION WHERE PERMITTED BY LAW. THESE TERMS OF USE ALSO INCLUDE AJURY WAIVER WHERE PERMITTED BY LAW. MORE INFORMATION ABOUT THE ARBITRATION ANDCLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT, CLASS ACTIONWAIVER AND JURY TRIAL WAIVER AT SECTION 9 BELOW.
1. Acceptance of the Terms
1.1. The Services are not directed at anyuser under the age of 16. By using the Services, you confirm that you are 16years of age or over. If you are between the ages of 16 and 17 or lack thecapacity to enter into these Terms by yourself, you represent and acknowledgethat you have obtained consent from your parent (or legal guardian) to use theServices, that you and your parent (or legal guardian) agree to these Terms;and that “you” refers to you as the user of our Services and your parent (orlegal guardian). If we learn that someone under the relevant age specifiedabove is using the Services, we will terminate that user’s account.
1.2. By using our Services, you agree tothese Terms. Using our Services may include accessing them or downloading the Appor any other Services to your mobile device, computer, or other device.
1.3. If you do not agree to these Terms,you must not use our Services.
2. Amendments to the Terms
2.1. Please review these Terms regularly.If we amend these Terms, we will update the “Last Updated” date at the top ofthese Terms, which reflect the effective date of the Terms. We may amend theseTerms (and any supplemental terms) from time to time. For example, we mayupdate these Terms when we update our Services and practices, when we combinemultiple apps or services operated by us or our affiliates, or when there areregulatory changes.
2.2. We will use reasonable efforts togenerally notify you of any material changes to these Terms, such as through anotice on the App or a communication to the contact information associated withyour account.
2.3. If you do not agree to the newTerms, please stop using the Services. By continuing to use the Services afterthe effective date of the new Terms, you agree to be bound by the new Terms.
3. Your Account
3.1. To use our Services, you must createan account with us. When you create this account, you must provide accurate andup-to-date information. It is important that you keep your information currentand complete. You must not create an account for someone else unless you obtaintheir express permission.
3.2. Notwithstanding anything else inthese Terms, we reserve the right to deactivate, disable, suspend or terminateyour account or access to our Services at any time at our sole discretionwithout notice, including if we believe that you have not complied with any ofthe provisions of these Terms or our policies (including our CommunityGuidelines), or if activities occur on your account which we believewould or might cause damage to or impair the Services or infringe or violateany third party's rights, or violate any applicable laws or regulations.
3.3. You are responsible for safeguardingyour account details, including your account password, and all use of the Appunder your account. If you know or suspect that your password or account hasbeen compromised, you must promptly notify us at support@dot-passion.com
3.4. You agree that you are solelyresponsible (to us and to others) for the activity that occurs under youraccount.
3.5. If you would like to delete youraccount, you can delete your account on the App. Once you choose to delete youraccount, you will not be able to access or reactivate your account. Please alsosee our Privacy Policy for more information on the deletion of your personaldata.
3.6. If you fail to log in to youraccount for the first time after registering it within a specified period, orfail to use your account for more than three consecutive months, we reserve theright to deactivate it. Before we deactivate your account, we will notify youin an appropriate manner. If you fail to log in and use your account within onemonth after our notification, you specifically authorize us to deactivate youraccount for inactivity, among all other authorizations you grant in theseTerms.
4. Usage Rules
4.1. Your use of the Services is subjectto these Terms and all applicable laws and regulations. You understand andagree that you shall not do, attempt to do, or encourage anyone to do, any ofthe following:
· violate these Terms or our terms orpolicies (including ourCommunity Guidelines);
· use our Services to do anythingunlawful, misleading, fraudulent, or for an illegal or unauthorized purpose.Prohibited activities include, but are not limited to, sexual solicitation, orthe buying or selling of firearms, alcohol and tobacco products between privateindividuals;
· make unauthorized copies, modify,adapt, translate, reverse engineer, disassemble, decompile or create anyderivative works of the Services or any content included therein, including anyfiles, tables or documentation (or any portion thereof) or determine any sourcecode, algorithms, methods or techniques embodied by the Services or anyderivative works thereof;
· distribute, license, transfer, or sell,in whole or in part, any of the Services or any derivative works thereof;
· license, purchase, transfer, or sellany account or data obtained from us or the Services, including attempts tobuy, transfer, or sell any aspect of your account; solicit, collect or uselogin credentials or badges of other users; request or collect usernames andpassword; or misappropriate access tokens;
· market, rent or lease the Services fora fee or charge, or use the Services to advertise or perform any commercialsolicitation;
· use the Services, without our expresswritten consent, for any commercial or unauthorized purpose, includingcommunicating or facilitating any commercial advertisement or solicitation orspamming;
· interfere with or attempt to interferewith the proper working of the Services, disrupt our website or any systems ornetworks connected to the Services, or bypass any measures we may use toprevent or restrict access to the Services;
· incorporate the Services or any portionthereof into any other program or product;
· use automated scripts to collectinformation from or otherwise interact with the Services;
· attempt to artificially inflate thepopularity of any user on the Services;
· in your interactions with us or inrelation to our Services, impersonate any person or entity, or falsely state orotherwise misrepresent you or your affiliation with any person or entity,including giving the impression that any content you upload, post, transmit,distribute or otherwise make available emanates from the Services or anyoneother than yourself;
· attack, threaten, intimidate or harassus or other users of our Services, or use our Services to promote violence ordiscrimination based on race, gender, ethnicity, religion, nationality,disability, sexual orientation, caste, gender identity, serious disease,immigration status or age;
· use our Services to create, support ortransmit material that promotes terrorism, crime or hate groups;
· use our Services to communicate orspread false news or information;
· use or attempt to use another user’saccount, service or system without our express permission, or create a falseidentity on the Services;
· create or attempt to create accounts,or access or collect information in unauthorized ways in connection with theServices, including doing so in an automated way without our expresspermission;
· continue to use your account previouslydisabled for violations of our Terms or other terms or policies;
· interfere with the intended operationof the Services, including misusing any reporting, dispute or appeals channel;
· use the Services to upload, transmit,distribute, store or otherwise make available in any way:
o files that contain viruses, trojans,worms, logic bombs or other code or material that is malicious or coulddisable, overburden or impair the proper working or appearance of the Services;
o any unsolicited or unauthorizedadvertising, solicitations, promotional materials, “spam”, “chain letters”, orany other prohibited form of solicitation; any private information of any thirdparty, including addresses, phone numbers, email addresses, personal identitydocument information including passport numbers, or credit card numbers;
o any material which does or may infringesomeone else’s rights, including any intellectual property rights, image rightsor privacy rights of any other person;
o any material which is defamatory of anyperson, obscene, offensive, pornographic, involves nudity or sexual activity,hateful or inflammatory;
o any material that would constitute,encourage or provide instructions for a criminal offence, dangerous activities,suicide or self-harm;
o any material that is deliberatelydesigned to provoke or antagonize people, or is intended to harass, bully,harm, hurt, scare, distress, embarrass or upset people; any material thatcontains a threat of any kind, including threats of physical violence;
o any material that is racist ordiscriminatory, including discrimination on the basis of someone’s race,gender, ethnicity, religion, nationality, disability, sexual orientation,caste, gender identity, serious disease, immigration status or age;
o any material that constitutes foreigninterference in applicable domestic politics conducted through informationcampaigns;
o any material that constitutes falsenews or information;
o any answers, responses, comments,opinions, analyses or recommendations that you are not properly licensed orotherwise qualified to provide;
o any material which is contrary to thepublic order and goods morals;
o any material that otherwise violatesthe applicable law or regulation; or
o material that, in our sole judgment, isobjectionable or which restricts or inhibits any other person from using the Services,or which may expose us, the Services or its users to any harm or liability ofany type; or
· be prohibited from receiving ourServices under applicable laws.
4.2. We reserve the right, but do not assume the obligation, to remove or disable access to any or all content on ourServices at our sole discretion for any or no reason at any time and without prior notice. Some of the reasons for which we may remove or disable access to content may include that we find the content objectionable, in violation of these Terms or our other terms or policies (including our CommunityGuidelines), or otherwise harmful to the Services or our users.
4.3. Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and stored.
5. Intellectual Property Rights
5.1. Our Services may include features intended to allow users to post content, including photos, videos, comments, links, messages and other materials, in accordance with these Terms. You must not use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion, to block access to and/or terminate the accounts of any user whoinfringes on or is alleged to infringe on any intellectual property rights
5A. Dot Content
5.2. All content, software, technology, programs, web pages, photographs, pictures, images, text, graphics, illustrations, layout designs, logos, patents, audio, videos, music and other elements in or on our Services, including the “look and feel” of the Services, and all trademarks, service marks, copyrights and other intellectual property rights related thereto (the “Dot Content”) are owned or licensed by Dot.
5.3. The use of Dot Content for any purpose not expressly permitted by these Terms is strictly prohibited. You are not allowed to download, copy, reproduce, publish, distribute, transmit, broadcast, communicate, display, sell, license or otherwise exploit Dot Content for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
5.4. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, and except as specifically permitted by us in theseTerms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (as defined further below),or your use of any musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third-party service.
5.5. Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to use the Services, including to download the App on a permitted device, and to access Dot Content solely for your personal, non-commercial use throughout your use of the Services and solely in compliance with these Terms. We reserve all rights not expressly granted herein in theServices and Dot Content. No rights are licensed with respect to sound recordings and the musical works embodied therein that are made available from or through the Services. You acknowledge and agree that we may terminate this permission at any time at our sole discretion with or without prior notice.
5.6. You acknowledge and agree that, when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only.It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
5B. User Content and Authorization
5.7. Users of the Services may be permitted to upload, post or transmit or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”).Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including derivative User Content with other users, that combines and intersperses UserContent generated by more than one user.
5.8. When you submit User Content to theServices, you, or the owner of the copyright subsisting in such User Content as determined under applicable laws, retain copyright in such User Content.However, you also grant us an unconditional, irrevocable, non-exclusive, royalty-free, sublicensable, fully transferable, worldwide license to use, modify, adapt, reproduce, make derivative works of, translate, host, publish and/or transmit and/or distribute, and to authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, translate, host, publish and/or transmit, your User Content in any format and on any platform. This license will be terminated when your User Content is deleted from our systems.
5.9. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
5.10. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings, and to perform and communicate sound recordings(and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to,a sound recording copyright owner, a musical work copyright owner, a performing rights organization, a collective management organization, a sound recording performing rights organization, engineers, producers or other royalty participants involved in the creation of User Content.
5.11. All of the rights you grant in yourUser Content in these Terms are provided on a through-to-the-audience basis.Owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Services.
5.12. By posting User Content to or through the Services, you waive any rights to prior inspection or approval ofany reproduction, derivative work, or marketing or promotional materials related to such User Content. To the extent permitted by applicable laws, you also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. Tothe extent any moral or other rights are not transferable or assignable, youhereby waive and agree never to assert any such rights, or to support, maintain or permit any action based on any such rights that you may have in or with respect to any User Content you post to or through the Services.
5.13. We have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, image rights or right to privacy.
5.14. If you only own the rights in andto a sound recording, but not to the underlying musical works embodied in such sound recordings, you must not post such sound recordings to the Servicesunless you have all permissions, clearances from, or are authorized by, theowner of any part of the content to submit it to the Services.
5.15. The information and materials inUser Content have not been verified or approved by us. We do not endorse the views expressed by other users on the Services. We shall not be liable in anyway for any User Content.
5.16. We make no representations, warranties or guarantees, whether express or implied, that any Dot Content orUser Content is accurate, complete or up-to-date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval byus of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, or edit any content posted by you and other users on the Services (including User Content).
5.17. Whenever you use a feature that allows you to upload or transmit User Content on or through the Services(including via third-party social media platforms), or to make contact with other users of the Services, you must comply with the terms and conditions set out in the “Usage Rules” above. You may also choose to upload or transmit yourUser Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their policies as well as the standards set out at“Usage Rules” above. You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
5.18. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that is, or that you consider to be, confidential or proprietary. When you submit User Content through the Services, you agree, represent and warrant that: (i) you own thatUser Content; (ii) you have received all necessary permissions, clearances and authorizations from any other owner of any part of the content or anyone else who may be included in the content to upload, post or transmit it through theServices or from the Services to other third-party platforms; and (iii) you have all rights, permissions, clearances and authorizations to grant the rights, licenses and other permissions that you grant in these Terms with respect to your User Content.
5.19. In addition to the other license sand authorizations that you grant in these Terms, you authorize us or those we authorize to cut, crop, edit or refuse to publish User Content at our or their sole discretion. We have the right to remove, disallow, block or delete any posts you make on our Services if, in our opinion, your post does not comply with the content standards set out in our “Usage Rules” above. In addition, we have the right, but not the obligation, in our sole discretion, with or without notice and without any liability to you, to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms or our policies(including our Community Guidelines), or (ii) in response to complaints from other users or third parties. Please save copies of any UserContent you submit to the Services on your personal device(s) if you wish to ensure that you have permanent access to copies of such User Content.
5.20. You control whether your UserContent is made publicly available on the Services to all other users of theServices or only available to people you approve. You may configure your privacy settings on the App.
5.21. We take reasonable measures to expeditiously remove from our Services any infringing material that we are made aware of. If you find content that infringes on your intellectual property rights, you can contact us at support@dot-passion.com. We will, when deemed appropriate in our sole discretion, terminate accounts who repeatedly infringe on other people’s intellectual property rights.
5.22. In the event you choose to send us feedback or other suggestions, we may use them as we see fit and without any obligation to you.
6. Indemnity
6.1. You agree to indemnify, hold harmless and defend Dot, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, licensors and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees, arising out of a breach by you or any user of your account of these Terms, arising out of a breach of your obligations, representation or warranties under these Terms, or resulting directly or indirectly from a claim that arises in connection with your use of theServices.
7. Exclusion of warranties
7.1. The Services are provided to you on an “as is” and “as available” basis. We (and our parents, subsidiaries and affiliates) make no representation or warranty with respect to the Services, including any representation or warranty that your use of the Services will meet your expectations or requirements; your use of the Services will be uninterrupted, timely, secure, error-free or able to operate in combination with any other hardware, software or system; or the Services are free of viruses or other harmful technological components. To the maximum extent permitted by law, we exclude all conditions or warranties with respect to theServices, including all implied terms as to merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement.
7.2. No conditions, warranties or other terms, whether express or implied, apply to the Services except to the extent that they are expressly set out in these Terms.
7.3. We may at any time and at our sole discretion change, suspend, withdraw or restrict the availability of all or any part of our Services without notice.
8. Limitation of liability
8.1. Nothing in these Terms shall limit any rights you are entitled to under applicable laws which may not be excluded, or exclude or limit our liability to you for losses which may not be lawfully excluded or limited by applicable laws. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.
8.2. To the fullest extent permitted bylaw, we shall not be liable to you for any direct or indirect loss of income or profits, loss of goodwill, loss of opportunity, loss of data, or any indirect or consequential losses which you may incur. Our aggregate liability for all claims relating to the Services shall not exceed the amount you paid to us to use the Services to which your claim relates within the last 12 months.
8.3. To the fullest extent permitted bylaw, we will not be liable for loss or damage which may be incurred by you as are sult of:
· your use, or inability to use, theServices;
· any conduct or content of anythird-party on the Services, including, without limitation, defamatory orillegal conduct of other users or third-parties, and advertising which appears on the Services;
· any reliance on the accuracy orcompleteness of Dot Content and User Content;
· any changes which we may make to theServices (or any features therein), or for any permanent or temporary cessationin the provision of the Services (or any features therein);
· the deletion of, corruption of, orfailure to store, any content and other communications data maintained ortransmitted by or through your use of the Services;
· your failure to provide us withaccurate account information; orYour failure to keep your accountpassword or other details secure and confidential.
· your failure to keep your accountpassword or other details secure and confidential.
8.4. We will not be liable to you for anyloss of profit, loss of business, loss of goodwill or business reputation,business interruption, or loss of business opportunity.
8.5. To the fullest extent permitted bylaw, we will not be liable for any loss or damage to a device or digitalcontent belonging to you caused by the Services or for any loss or damage thatyou could have reasonably avoided, including following our advice to apply anupdate offered free of charge, or damage caused by you failing to correctlyfollow installation instructions or failing to put in place the minimum systemrequirements advised by us.
8.6. You are responsible for any mobilecharges that may apply to your use of our services, including text-messagingand data charges.
8.7. To the fullest extent permitted bylaw, any dispute you have with any third party arising out of your use of theservices, including, by way of example and not limitation, any carrier,copyright owner or other user, is directly between you and such third party,and you irrevocably release us and our affiliates from any and all claims,demands and damages (whether actual and consequential) of every kind andnature, known and unknown, arising out of or in any way connected with suchdisputes.
8.8. We do not guarantee that ourServices will be secure or free from bugs or viruses. You are responsible forconfiguring your information technology, computer programs and platform to useour Services. You should use your own virus protection software.
9. Applicable Law, Dispute Resolution and Other Terms
9.1. These Terms shall be governed andconstrued in accordance with the laws of the State of California, withoutregard to its conflict of laws provisions. To the fullest extent permitted byapplicable laws, any dispute, controversy or claim arising out of or inconnection with these Terms, including any question regarding the existence,validity or termination of these Terms, shall exclusively be referred to andfinally resolved by binding arbitration on an individual basis administered bythe American Arbitration Association (the “AAA”). For claims ofless than or equal to $75,000 (exclusive of attorneys' fees, costs, and allegedpunitive damages or penalties), the AAA's Consumer Arbitration Rules willapply; for claims over $75,000, the AAA's Commercial Arbitration Rules willapply. The AAA rules are available at https://adr.org/. The arbitrationproceedings shall be conducted in English before three (3) arbitrators. To thefullest extent permitted by applicable laws, arbitration shall proceed solelyon an individual basis without the right for any disputes to be arbitrated on aclass action basis or on bases involving claims brought in a purportedrepresentative capacity on behalf of others. Disputes may not be joined orconsolidated unless agreed to in writing by all parties. No arbitration awardor decision will have any preclusive effect as to issues or claims in anydispute with anyone who is not a named party to the arbitration. The partiesboth further agree that, whether a claim will be resolved in arbitration or incourt, the parties both waive any right to a jury trial involving any claims ordisputes. Notwithstanding anything else in this agreement, we may instituteproceedings in any court of competent jurisdiction for equitable relief,including to prevent the infringement of intellectual property rights, and weeach retain the right to seek public injunctive relief or injunctive.
9.2. If any court of law, havingjurisdiction to decide on this matter, rules that any provision of these Termsis invalid, then that provision will be removed from the Terms withoutaffecting the rest of the Terms, and the remaining provisions of the Terms willcontinue to be valid and enforceable.
9.3. Our failure to insist upon orenforce any provision of these Terms shall not be construed as a waiver of anyprovision or right.
9.4. The App contains certain open-sourcesoftware. Each item of open-source software is subject to its own applicablelicense terms.
9.5. Any use of the plural in these Termsshall imply use of the singular and vice-versa, as the context demands.
10. Entire Agreement
10.1. These Terms (including the“Supplemental Terms – App Stores” below) constitute the whole legal agreementbetween you and Dot and govern your use of the Services, and completely replaceany prior agreements between you and Dot made in relation to the Services.
10.2. The Terms shall be made in EnglishLanguage. If required under the relevant local law, the Terms shall be made inboth the English Language and in the local language. Both texts are equallyoriginal. In case of any inconsistency or different interpretation between bothtexts, the local language shall be deemed to be automatically amended toconform with and to make it consistent with the relevant English text.
11. Other Terms
11.1. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
11.2. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed fromthe Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
11.3. Notice for California Users.Under California Civil Code Section 1789.3, residents of California who use theServices are entitled to know that they may file grievances and complaints withthe Complaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs via the telephone number, address andother contact information shown here.
11.4. U.S. Government Customers.The Services qualify as “commercial items”, as that term is defined at FederalAcquisition Regulation (“FAR”) (48 C.F.R.) 2.101, “commercial computersoftware,” “commercial computer software documentation” or “technical data” assuch terms are used in FAR 12.211 and FAR 12.212. The Services are being licensedto any U.S. Government end users only as Commercial Items and with only those rights as are granted to other licensees under these Terms.
11.5. Contact. You can contact us at support@dot-passion.com if you have any questions.
Supplemental Terms – App Stores
To the extent permitted by applicable laws, the following supplemental terms shall apply when using the App through specific devices:
Apple Store.
These supplemental terms apply as betweenDot and you. Apple Inc. (“Apple”) is not party to these terms.
By downloading the App from the AppleStore (or its successors) operated by Apple, you specifically acknowledge and agree that:
· the license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the App on Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth inApple’s App Store Terms of Services.
· Apple is not responsible for the App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
· in the event of any failure of the Appto conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the App.· Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession or use of the App, including without limitation (i) product liability claims; (ii)any claim that the App fails 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 claims that the App, or your possession and use of the App, infringes on such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
· Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed tohave accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
· Dot expressly authorizes the access to and use of the App by multiple users through the Family Sharing or any similar functionality provided by Apple.