Terms of Use

In this Website's Terms of Use (“TOU”), we, Digital Turbine, Inc. and our affiliates in the Digital Turbine group of companies (together, “Digital Turbine”), set forth the terms by which you may use our sites including www.digitalturbine.com and other web sites that we operate and on which we post a direct link to this statement (collectively the "Site"). By using the Site, you are agreeing to these TOU. If you do not agree to these TOU, you may not and should not use the Site.

1. Copyright Notice and Use of the Site. 
   The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written Agreement you have with Digital Turbine, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with Digital Turbine), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include Digital Turbine's copyright notice: © Copyright 2013-2021 Digital Turbine, Inc. All rights reserved. Nothing in these materials is an offer to sell any of the products and/or services referenced herein.
2. Links. 
   This website may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites.  Digital Turbine makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from Digital Turbine, and that Digital Turbine has no control over any content on that web site. In addition, a link to a third party web site does not mean that Digital Turbine accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
3. Privacy. 
   In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy which is available at http://www.digitalturbine.com/privacy-policy (“Privacy Policy”). By agreeing to these TOU you are agreeing to our Privacy Policy. Information, including but not limited to personal information, collected through the Site may be stored and processed in the United States or any other country in which Digital Turbine or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.
4. Disclaimer. The materials on the Site are provided "as is" and without warranties of any kind either express or implied. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.  To the fullest extent permissible pursuant to applicable law, Digital Turbine disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Digital Turbine does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. Digital Turbine does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not Digital Turbine or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.
5. Limitation of liability. 
   Under no circumstances, including, but not limited to, negligence, shall Digital Turbine, its subsidiaries and affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. You specifically acknowledge and agree that Digital Turbine, its subsidiaries and affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with these TOU, your sole and exclusive remedy is to discontinue using the Site.
6. EXPORT RESTRICTIONS. 
   You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.
7. Trademarks. 
   © 2013-2021 Digital Turbine, Inc. Digital Turbine, Ignite and SingleTap are trademarks and/or registered trademarks of Digital Turbine Inc. and/or its subsidiaries. All other trademarks belong to their respective owners. All Rights Reserved.
8. Modification & Termination. 
   These TOU are effective until modified or terminated by Digital Turbine. Digital Turbine may modify these TOU from time to time and the new TOU will be effective when posted. Digital Turbine may also terminate these TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.
9. General. 
   These TOU shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles or conflicts of law. If any provision of these TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Updated version: June 8, 2021