Terms of Service
Terms of Service and End User License Agreement
Last updated on: 08.02.2024
This Terms of Service and End User License Agreement (the “Agreement”) is a legal contract between you (either an individual or an entity) and Dex Studio Ltd. (“Dex Studio”, “we”, “us”, or “our”), the provider of the Dex Studio software and services (the “Services”). By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you may not use the Services.
Please read this Agreement carefully before using the Services. This Agreement governs your rights and obligations regarding the Services, including any updates, enhancements, new features, and support services that we may provide to you.
- Modification of Terms
We reserve the right to modify this Agreement at any time, in our sole discretion, by posting the revised Agreement on our website or through the Services. You are responsible for reviewing the Agreement periodically for any changes. Your continued use of the Services after any modification constitutes your acceptance of the new terms. If you do not agree to the modified Agreement, you must stop using the Services.
- Account Registration
To use the Services, you may need to create an account with us. You must be at least 18 years old to create an account. You agree to provide accurate, current, and complete information about yourself and your account. You are solely responsible for maintaining the security and confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You also agree to exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with these requirements.
- User Conduct
You agree to use the Services in a lawful, respectful, and appropriate manner. You are solely responsible for your conduct and any content that you create, upload, transmit, or display through the Services. You agree not to:
– Violate any applicable laws, regulations, or ethical standards;
– Infringe or misappropriate any intellectual property, privacy, publicity, or other rights of any party;
– Harass, abuse, threaten, defame, or otherwise harm any person or entity;
– Transmit or distribute any viruses, malware, or other harmful or malicious code or content;
– Interfere with or disrupt the operation or security of the Services or any networks or servers connected to them;
– Attempt to gain unauthorized access to the Services or any accounts, systems, or data of other users or us;
– Modify, reverse engineer, decompile, disassemble, or otherwise tamper with the Services or any software or components thereof;
– Use any automated means, such as bots, scripts, or scrapers, to access, monitor, or manipulate the Services;
– Use the Services for any commercial purposes, such as advertising, soliciting, or selling, without our prior written consent;
– Use the Services for any illegal, fraudulent, or unethical purposes, such as gambling, hacking, phishing, or spamming.
We reserve the right to monitor, review, remove, or disable any content or access to the Services at any time, in our sole discretion, without notice or liability, for any reason or no reason. We also reserve the right to report any suspected illegal or unethical activity to the appropriate authorities.
- Intellectual Property
The Services and all related software, content, graphics, logos, icons, and other materials are the property of Dex Studio or its licensors and are protected by international intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights to the Services or any of their components, except as expressly granted by this Agreement.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes, subject to the terms and conditions of this Agreement. You may not copy, modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or otherwise exploit the Services or any of their components, except as expressly authorized by us or our licensors.
You agree to respect the intellectual property rights of Dex Studio and its licensors and to comply with any notices, instructions, or restrictions that may be associated with the Services or any of their components.
- User Content
The Services may allow you to create, upload, transmit, or display your own content, such as text, images, audio, video, or other materials (the “User Content”). You retain all rights and ownership of your User Content, subject to the license you grant to us below.
By submitting, posting, or otherwise making available any User Content through the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, modify, reproduce, distribute, and display your User Content for the purposes of providing, improving, and promoting the Services. You also grant us the right to use your name, username, and likeness in connection with your User Content, if we choose to do so.
You represent and warrant that you have the right and authority to grant us the license above and that your User Content does not violate any laws, regulations, or rights of any third party, including intellectual property, privacy, publicity, or other rights. You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your User Content or your use of the Services.
We do not claim any ownership or control over your User Content and we are not responsible for its accuracy, quality, legality, or suitability. We do not endorse, support, or guarantee the truthfulness, completeness, or reliability of any User Content or any opinions, recommendations, or advice expressed therein. You acknowledge and agree that you access and use the User Content at your own risk and discretion.
- Privacy Policy
We respect your privacy and are committed to protecting your personal information. Please refer to our Privacy Policy, which is incorporated by reference into this Agreement, for more information on how we collect, use, and protect your personal information. By using the Services, you consent to the terms and practices described in our Privacy Policy.
- Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, OR NEEDS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES OR ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.
THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR RESOURCES THAT ARE NOT OWNED OR CONTROLLED BY US. WE ARE NOT RESPONSIBLE FOR THE CONTENT, INFORMATION, PRODUCTS, SERVICES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR RESOURCES. THE INCLUSION OF ANY LINK DOES NOT IMPLY OUR ENDORSEMENT, AFFILIATION, OR ASSOCIATION WITH THE THIRD-PARTY WEBSITE OR RESOURCE. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR ACCESS OR USE OF ANY THIRD-PARTY WEBSITES OR RESOURCES. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY THIRD-PARTY WEBSITES OR RESOURCES AND YOU SHOULD READ THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF THOSE WEBSITES OR RESOURCES BEFORE USING THEM.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN THE PAST SIX MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of England and Wales for any legal action arising from or relating to this Agreement or your use of the Services.
- Contact Information
If you have any questions, comments, or concerns about the Services or this Agreement, please contact us at:
Dex Studio Ltd.
123 Main Street
London, UK
SW1A 1AA
Email: support@dexstudio.com
Phone: +44 20 1234 5678
- Payment Terms
Some of the Services may require you to pay a fee, either as a one-time purchase or as a recurring subscription. You agree to pay the applicable fees for the Services you select, as well as any taxes, charges, or other fees that may be imposed by your payment provider or us. You authorize us or our payment processor to charge your chosen payment method for the fees due. You are responsible for keeping your payment information up to date and accurate.
We may offer different payment plans and options for the Services, such as monthly, yearly, or lifetime subscriptions. You agree to the terms and conditions of the payment plan or option you choose. We may change the fees or payment plans or options at any time, in our sole discretion, by notifying you in advance. Your continued use of the Services after the fee change means your acceptance of the new fees.
You may cancel your subscription to the Services at any time through your account settings or by contacting us. If you cancel your subscription, you will still have access to the Services until the end of your current billing cycle. We do not offer refunds or credits for any partial use of the Services, unless required by law.
We may suspend or terminate your access to the Services if you fail to pay the fees due or if we suspect any fraudulent or unauthorized activity on your account. We are not liable for any loss or damage resulting from such suspension or termination.
- Termination of Service
You may stop using the Services at any time, for any reason or no reason, by deleting your account or uninstalling the software. We may also terminate or suspend your access to the Services at any time, for any reason or no reason, with or without notice or liability, including if you breach this Agreement, violate any laws or regulations, or engage in any conduct that we deem harmful or inappropriate. Upon termination or suspension of your access to the Services, you will lose all rights and benefits associated with the Services, including any User Content or data that you may have stored or submitted through the Services. We are not obligated to return or provide you with a copy of any User Content or data that you may have stored or submitted through the Services. You agree that we will have no liability to you or any third party for any termination or suspension of your access to the Services.
- Links to Third-Party Sites
The Services may contain links to third-party websites or resources that are not owned or controlled by us. We are not responsible for the content, information, products, services, or practices of any third-party websites or resources. The inclusion of any link does not imply our endorsement, affiliation, or association with the third-party website or resource. You acknowledge and agree that we are not liable for any loss or damage arising from your access or use of any third-party websites or resources. You are solely responsible for your use of any third-party websites or resources and you should read the terms and conditions and privacy policies of those websites or resources before using them.
- Indemnification
You agree to indemnify, defend, and hold harmless Dex Studio and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Services or any breach of this Agreement or any laws or regulations by you or anyone using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
- Dispute Resolution
In the event of any dispute, claim, or controversy arising from or relating to the Services or this Agreement, you and we agree to first try to resolve the issue informally by contacting each other in good faith and attempting to reach a mutually satisfactory solution. If we are unable to resolve the issue within 30 days of the initial contact, you and we agree to submit the dispute, claim, or controversy to binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted by a single arbitrator in the English language and will take place in London, UK, unless you and we agree otherwise. The arbitrator’s decision will be final and binding and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration will be confidential and that neither party will disclose any information or documents related to the arbitration, except as required by law or as necessary to enforce the arbitrator’s award. You and we agree to waive any right to a trial by jury or to participate in a class action or representative action, whether as a plaintiff or a class member. You and we agree that any dispute, claim, or controversy arising from or relating to the Services or this Agreement is personal to you and us and that any such dispute, claim, or controversy will be resolved solely through individual arbitration and will not be brought as a class arbitration, a class action, or any other type of representative proceeding. You and we agree that this arbitration agreement is governed by the Federal Arbitration Act and that any issues of arbitrability or the enforcement of this arbitration agreement will be decided by the arbitrator, not by a court. You and we agree that this arbitration agreement will survive the termination of this Agreement or your use of the Services.
Notwithstanding the foregoing, you and we agree that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop the actual or threatened violation of any intellectual property, privacy, publicity, or other rights of any party, without the need to post a bond or security or to prove irreparable harm or the inadequacy of monetary damages.
- General Provisions
This Agreement constitutes the entire agreement between you and us regarding the Services and supersedes any prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the same subject matter. This Agreement may not be modified or amended by you without our prior written consent. We may modify or amend this Agreement at any time, in our sole discretion, by posting the revised Agreement on our website or through the Services. Your continued use of the Services after any modification constitutes your acceptance of the new terms.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect and will be construed to give effect to the intent of the invalid, illegal, or unenforceable provision.
Our failure or delay to exercise or enforce any right or remedy under this Agreement will not constitute a waiver of such right or remedy or any other right or remedy, nor will it prevent or restrict the further exercise or enforcement of such right or remedy or any other right or remedy.
You may not assign, transfer, or delegate any of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations under this Agreement without your consent.
This Agreement does not create any partnership, joint venture, employment, or agency relationship between you and us. You and we are independent contractors and neither party has any authority to bind or act on behalf of the other party.
This Agreement does not confer any rights or remedies on any third parties, except as expressly stated herein.
The headings and captions in this Agreement are for convenience only and do not affect the interpretation or meaning of any provision of this Agreement.
The terms “including”, “such as”, and similar terms are illustrative and not limiting.
The terms “you” and “your” refer to the individual or entity that accesses or uses the Services. The terms “we”, “us”, and “our” refer to Dex Studio Ltd.
Thank you for using Dex Studio!