The following Terms of Use (“Terms” )outline the relationship between you and Digital Turbine USA, Inc. ( “DT” ) regarding your use of our service which automatically organizes preinstalled apps based on category, and recommends apps which may be suitable for you ( “Software”, “Service” or “Services” ).
Your use of our Services is also subject to our Privacy Policy (available at https://www.digitalturbine.com/privacy-policy/). Throughout these Terms, “us”, “our”, and “we” refers to DT and its affiliates; and “you” or “user” refers to you, and anyone who uses any of the Services.
The right to use the Services is granted only on the condition that you accept all of the provisions contained in these Terms and within our Privacy Policy. By using our Services, you acknowledge and agree that you have read and understand these Terms and Privacy Policy and accept them in their entirety.
If you do not accept these Terms in their entirety and our Privacy Policy in its entirety, then DT is unwilling to license the Services to you and you may not access or otherwise use the Services. Please click ‘Skip’ or ‘Decline’ or refrain from clicking ‘Next’, ‘Continue’ or ‘Install’, and discontinue using the Services.
These Terms will also govern any Software upgrades and/or updates provided by DT that upgrade and/or supplement a Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
The Service
This Service automatically categorizes and organizes preinstalled apps and provides recommendations of apps, products or services made available by third parties, which may suit your interests (“Third Party Materials”). You may choose which Third Party Material(s) to download and install onto your device by checking the respective box(s). If you are not interested to download and install any or all of the Third Party Materials, please refrain from checking any boxes, or uncheck respective box(s). To exit the app recommendation screen, click ‘Skip’, ‘Exit’. ‘Remind me later’, or similar action. Please note that you may uninstall apps which have been installed through the Service: to remove apps, go to Settings>Apps or Application Manager; Then tap the app you want to uninstall (you may need to swipe right or left to find the app). Then tap Uninstall or Disable.
If you have a limited data plan, your use of our Service to download Third Party Materials to your phone may incur additional charges to your phone if you are not connected to Wi-Fi.
Privacy and Legal Rights
For the purpose of provisioning the Services, we may collect through the Software installed on your collect certain information such as the device manufacturer, model, firmware, and operating system, IP address, IMEI, AID (Android ID), AAID (Android Advertising ID), as well as data about the Software and applications installed on the device, and other device information. The DT Privacy Policy (available at https://www.digitalturbine.com/privacy-policy/ ) contains information about DT’s data protection policies and explains how DT accesses, collects, uses and/or shares information that is generated by your use of the Services. You consent to DT’s use of your data in accordance with DT’s Privacy Policy.
DT prohibits violation of a user’s privacy rights. If you believe that your legal or privacy rights have been violated while using the Services, please contact us at privacy@digitalturbine.com.
License to Use
Subject to your compliance with the terms and conditions of these Terms, DT hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable right to use the executable form of the Services, solely for your personal use. DT reserves all rights in the Software and Services not expressly granted to you in these Terms.
With respect to any Third Party Materials that may be downloaded and installed onto your device by use of the Services, you acknowledge and agree that your use of such t Third Party Materials shall be subject to their respective terms of use and privacy policy. We encourage you to review such terms of use and privacy policy.
As part of use of the Services, your mobile device settings may be changed. By using the Services, you agree you have approved such changes. The Services may allow you to reconfigure such settings at any time from within the configuration options available in your mobile device. Such changes may include, without limitation, allowing software updates of the Services once a new version is released, allowing DT to send notifications and allowing DT access to location-based information.
You may disable the Software or turn it off by using the standard procedures offered by your device’s Operating System.
Restrictions
You agree not to disassemble, decompile or otherwise reverse engineer any components of the Services provided in object code, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Updates
The Services may automatically download and install updates provided by DT from time to time. These updates are designed to improve, enhance and further develop the experience of the Services and/or Third Party Materials and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DT to deliver these to you) as part of your use of the Services.
You agree that by using the Services you may periodically send technical data and related information to DT to facilitate the provision of updates, product support and other services to you, if any, related to the Services. Such information may include, but is not limited to, technical information or personal preferences about your device, and/or internet Browser and/or system.
Intellectual Property Rights
You acknowledge and understand that DT owns all right, title and interest in and to the Software and Services, including without limitation all intellectual property rights therein. The Software and Services are protected by copyright, trademark, patent, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Services as delivered to you.Your Obligations
You agree to only use the Services as permitted in these Terms. You agree to comply with all applicable laws, rules and regulations when using the Services. You will not use the Services to infringe anyone’s rights, including, without limitation, any intellectual property rights of any person or entity.
You agree that you are solely responsible for (and that DT has no responsibility to you or to any third party) your use of the Services, any breach of your obligations under these Terms, and for the consequences of any such breach.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. DT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. DT DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SERVICES AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE SERVICES MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE DT GROUP (DEFINED BELOW) WILL HAVE NO LIABILITY WITH RESPECT THERETO. DT MAY THE CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO DISABLE OR TURN OFF AND CEASE USE OF THE SOFTWARE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL DT, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “DT GROUP”) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SERVICES UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE DT GROUP WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL DT’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Applicable Law
These Terms shall be governed by and interpreted under the laws of the State of New York, USA, without regard to its conflicts of laws provisions. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the competent courts of New York, NY USA,
Modification of These Terms
DT reserves the right to modify and/or change these Terms at any time and without prior notice. By continuing to use the Services, you agree to be bound by the modified Terms.
Miscellaneous
These Terms and all the policies referenced herein constitute the entire agreement between DT and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of DT. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. DT reserves the right, at our discretion, to update or revise these Terms.
Contact Information
If you have any questions, complaints and/or claims, you may contact DT at:
Digital Turbine USA, Inc,
111 Nueces St., Austin Texas 78701 USA
Or Privacy@digitalturbine.com
Last updated: October 10, 2019