DT IGNITE’S APP INSTALLER - TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICE.
The following Terms of Service (“Terms”) set out a legally binding agreement between you and Digital Turbine USA Inc. (“DT,” “us,” “our,” or “we”) regarding your use of our software and related services enabled by the software as described herein below (collectively, “Service(s)”).
Description of the Services:
1. Dynamic Installs
Dynamic Installs seamlessly downloads and installs mobile applications to your device without your interaction upon its first activation. Our software is integrated into the device firmware and initialized on the device's first activation or via an Over the Air (“OTA”) firmware upgrade, enabling the download and installation of mobile applications with each OTA.
2. App Recommendation Wizard
App Recommendation allows you to review a list of mobile applications and choose which to install. It can be shown immediately after the Google Setup Wizard flow completes, from a Notification provided by the Service that prompts you to download a mobile application, or after an OTA. Third-party mobile application installation on your device will only be triggered by your choice (opt-in or opt-out) from a selected list of mobile applications.
3. Notifications
Notifications delivered via the Android Notification Drawer aim to encourage you to open the mobile application installed on your device for the first time or to encourage you to install a new recommended app.
4. SingleTap® Installs
SingleTap Installs provide seamless installation of mobile applications on your device when you request an app from an advertisement (ad banner, button, hyperlink, etc.) instead of being directed to a
mobile application store. SingleTap Installs reduce app store friction and ensure that mobile application installs are fraud-free.
You may use the Services only if you accept the provisions contained in these Terms. By using our Services, you acknowledge and agree that you have read and understood these Terms and accept them.
YOU MAY NOT ACCESS OR USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. Please tap ‘Skip’ or ‘Decline’ or refrain from tapping ‘Next,’ ‘Continue,’ or ‘Install,’ and discontinue using the Services.
These Terms also govern any software upgrades and/or updates provided with such upgrade and/or supplement to the Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
If you have a limited data plan, using our Service may incur additional charges to your phone if you are not connected to Wi-Fi.
1. The Service
Mobile applications downloaded to your device via the Services may be provided by third parties (“Apps”) based on the payments we receive from the application developers. Except for Dynamic Installs, you may choose which Apps to download and install onto your device by selecting (via opt-in) the Apps you wish to install. If you are not interested in downloading and installing any or all of the Apps, please refrain from opting in and checking any boxes, choosing any App from the App Recommendation Wizard list, or unchecking respective box(s) if those are pre-checked (opt-out), and clear or exit the Notification. You may exit the app recommendation screen anytime by clicking ‘Skip’ or ‘Exit or the ’X’ symbol.’
Pre-Selected Apps. The Services may include certain preselected recommended Apps. You may learn more about these Apps by clicking on them. To install these Apps, click “Install.” If you do not want to install these applications, deselect them before clicking Install. You can uninstall these applications at any time (see guidance below).
Removing Installed Apps. You may uninstall an App that was installed through the Services. To remove an App, go to the device 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’. You may disable the Services’ Notifications through the default settings of your device's operating system or opt out of the Service Notifications (as available).
Disabling Notifications. You can disable notifications anytime by accessing the App Notification settings and choosing to disable them or long-press on a notification when received. Then, press the settings icon,which will redirect you to the App notifications settings screen.
2. License to Use
Subject to your compliance with 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. Reserves all rights in the software and Services not expressly granted to you in these Terms.
For any Apps that may be downloaded and installed onto your device by use of the Services, you acknowledge and agree that your use of such Apps shall be subject to their respective terms of use and privacy policy. We encourage you to review such terms of use and privacy policy. You acknowledge that we have no control over and assume no responsibility for Apps. You assume all responsibility and risk in connection with your use of Apps and we hereby disclaim any and all liability to you or any third party in connection thereto.
You may disable the software or turn it off using the standard procedures offered by the device operating system.
3. 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.
4. Updates
The Services may automatically download and install software updates from time to time. These updates are designed to improve, enhance, and further develop the experience of the Services and/or Apps 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 or its licensors to install these on your device) 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 or its service providers to facilitate the provision of updates, product support, and other services related to the Services to you, if any. Such information may include but is not limited to, technical information or personal preferences about your device and/or internet browser and/or system.
5. Intellectual Property Rights
You acknowledge and understand that DT or its licensors own all rights, titles, and interests in and to the software and Services, including all intellectual property rights therein, without imitation. 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.
THIRDPARTY LICENSES. The software includes third-party software components. Please see these Apps’ Licenses.
6. Your Obligations
You agree only to 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 any third party)your use of the Services, any breach of your obligations under these Terms, and the consequences of any such breach.
7. Disclaimer of Warranties
THESERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUTWARRANTY OF ANY KIND. DT AND ITS LICENSORS DISCLAIM ALL WARRANTIES ANDCONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED FROM DT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOTEXPRESSLY STATED IN THIS AGREEMENT. DT AND ITS LICENSORS DO NOT REPRESENT ORWARRANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREEOR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SERVICES WILLBE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACYOF THE SERVICES AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGHTHE SERVICES MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THEDT GROUP (DEFINED BELOW) AND ITS LICENSORS WILL HAVE NO LIABILITY WITH RESPECTTHERETO. DT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES ORTHE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES AT ANY TIMEWITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY CONCERNING ANY PROBLEMSOR DISSATISFACTION WITH THE SERVICES IS TO DISABLE OR TURN OFF AND CEASE USE OFTHE SOFTWARE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLYTO YOU.
8. Limitation of Liability
INNO EVENT WILL DT, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “DT GROUP”)OR DT’S LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TODAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, SERVICE INTERRUPTION,COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODSOR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THEINSTALLATION OR USE OF OR INABILITY TO USE THE SERVICES UNDER ANY THEORY OFLIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTSLIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE DT GROUP ORITS LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OFSUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NOEVENT SHALL DT’S OR ITS LICENSORS’ AGGREGATE LIABILITY FOR ANY CLAIM ARISINGOUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDERAPPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES. SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH ASFOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONMAY NOT APPLY TO YOU.
9. Indemnification
To the maximum extent permitted bylaw, you agree to defend, indemnify, and hold DT and its licensors harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including but not limited to reasonable attorney’s fees) arising from or incurred as a result of your use of the Services, including your downloading, installation, or use of the Apps, or your violation of these Terms.
10. Applicable Law
These Terms shall be governed by and interpreted under the laws of Austin, Texas, USA, without regard to its conflicts of laws provisions. All claims arising from or relating to these terms or the Services will be litigated exclusively in the competent courts of Austin, Texas.
11. 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.
12. Miscellaneous
(i) These Terms and all the policies referenced herein constitute the entire agreement between DT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized DT executive.
(ii) 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.
(iii) 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 to affect 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.
13. Contact Information
If you have any questions, complaints, and/or claims, you may contact DT at: legal@digitalturbine.com
Last updated: July 29, 2024