Software license
The license terms for Gylt.me apps distributed through the Apple App Store and Google Play.
You must be at least 13 years old to use an Application. If you are under the age of majority where you live, you may use an Application only with the permission of a parent or legal guardian when required by law. An account may be established either as an individual account or as an organization account, but not simultaneously as both. If you create, administer, purchase, or accept this EULA for an organization, you represent that you have authority to bind that organization, and references to “you” include that organization where appropriate.
Subject to this EULA and any applicable marketplace, subscription, or service terms, Gylt.me grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Application for its intended purposes on devices that you own or control, subject to applicable marketplace usage rules. The Application is licensed, not sold. Gylt.me and its licensors retain all rights not expressly granted.
You may use the Application only for lawful purposes and in accordance with this EULA, applicable documentation, subscription terms, marketplace terms, and any other terms presented for the applicable service.
Except to the extent expressly permitted by applicable law notwithstanding these restrictions, or by an applicable third-party license, you may not:
copy the Application except for copies permitted by this EULA, applicable marketplace rules, or applicable law;
modify, adapt, translate, distribute, sell, rent, lease, sublicense, or commercially redistribute the Application;
reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code from the Application;
circumvent or defeat authentication, licensing, access-control, security, subscription, usage-limit, or technical-protection mechanisms;
remove, obscure, or alter copyright, trademark, attribution, proprietary, or legal notices;
use Gylt.me source code, copyrighted visual assets, documentation, or other protected expression through unauthorized copying or reproduction in developing another product or service; or
use the Application in violation of applicable law or third-party rights.
Nothing in this EULA prohibits activity that applicable law makes non-waivable or expressly permits notwithstanding a contractual restriction, including qualifying interoperability activity where applicable.
Gylt.me LLC and its licensors retain ownership of the Application and all associated copyrightable expression, marks, trade dress, confidential information, and other intellectual-property rights. This EULA does not grant ownership of the Application, source code, or Gylt.me branding.
As between you and Gylt.me, you retain ownership of content and information that you lawfully submit to the Application. Gylt.me and its service providers may process that content only as permitted by the applicable Privacy Policy, Terms of Service, product functionality, and applicable law. This EULA does not grant Gylt.me ownership of your personal data or user content.
The Application may contain or interact with third-party software, open-source components, services, APIs, content, or platforms. Those components and services may be governed by separate terms. Where a third-party license grants rights that conflict with a restriction in this EULA, that third-party license controls with respect to the applicable component.
Gylt.me may provide updates, patches, upgrades, or replacement versions. Unless accompanied by separate terms, they form part of the Application and are subject to this EULA. Some functions may depend on supported operating systems, third-party services, marketplace availability, or an active subscription.
Where a paid subscription is offered, it may renew automatically unless canceled in accordance with the rules and deadlines of the marketplace through which it was purchased. Gylt.me applications are currently sold only through the Apple App Store and Google Play. Purchases, billing, subscription management, cancellation, and refunds are therefore handled through the applicable marketplace and are subject to its terms, policies, and account controls. Gylt.me does not independently process marketplace refunds except where required by law or marketplace rules.
This EULA remains effective until terminated. Gylt.me may suspend or terminate the license for material breach, fraud, unlawful use, security abuse, or other conduct that materially threatens the Application, users, or Gylt.me, subject to any notice, cure, or consumer rights required by law. Upon termination, you must stop using the Application. Provisions that by their nature should survive termination will survive.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” GYLT.ME DISCLAIMS WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYLT.ME LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THE APPLICATION. NOTHING IN THIS EULA EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
You must comply with applicable laws, including applicable export-control and sanctions laws. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and that you are not listed on a U.S. Government list of prohibited or restricted parties.
If you obtained the Application through Apple's App Store: (a) this EULA is between you and Gylt.me LLC, not Apple; (b) Gylt.me, not Apple, is solely responsible for the Application and its content; (c) the license is limited to a non-transferable license to use the Application on Apple-branded products you own or control as permitted by the Apple Media Services Usage Rules, including access permitted through Family Sharing, volume purchasing, or other Apple-supported sharing mechanisms; (d) Gylt.me, not Apple, is responsible for maintenance and support, and Apple has no obligation to provide maintenance or support; (e) if the Application fails to conform to an applicable warranty, you may notify Apple and Apple may refund the applicable purchase price, and to the maximum extent permitted by law Apple has no other warranty obligation with respect to the Application; (f) Gylt.me, not Apple, is responsible for addressing claims by you or third parties relating to the Application, including product-liability, legal-compliance, consumer-protection, privacy, and intellectual-property claims; (g) you must comply with applicable third-party agreement terms when using the Application; and (h) Apple and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, have the right to enforce this EULA against you as a third-party beneficiary.
If you obtained the Application through Google Play, this EULA is between you and Gylt.me LLC. Google is not a party to this EULA. Your use of Google Play and marketplace transactions remains subject to Google's applicable terms and policies. To the extent mandatory Google Play terms conflict with this EULA, the mandatory Google Play terms control.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Before filing arbitration, either party will first provide written notice describing the dispute and requested relief and will attempt in good faith to resolve it for 30 days. Notices to Gylt.me must be sent to legal@gylt.me and may also be mailed to Gylt.me LLC, 1904 East University Ave, Gainesville, FL 32641. This informal-resolution requirement does not prevent either party from seeking temporary or emergency relief when necessary to protect rights or meet a filing deadline.
Except for a claim eligible for small-claims court or a claim for which applicable law provides a non-waivable right to proceed in court, any dispute arising out of or relating to this EULA or the Application that is not resolved informally will be resolved by binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules, or a successor set of consumer rules, unless the parties agree otherwise in writing. The arbitrator may award any remedy available on an individual claim that a court of competent jurisdiction could award, subject to applicable law.
Either party may instead bring an eligible individual claim in a court of competent small-claims jurisdiction. For any dispute that is permitted to proceed in court rather than arbitration, the parties consent to exclusive venue in the state courts located in Alachua County, Florida, or the federal court with jurisdiction over Alachua County, Florida, except where applicable law gives a consumer a non-waivable right to another forum.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISPUTES SUBJECT TO ARBITRATION MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PERSONS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES. IF APPLICABLE LAW MAKES THIS WAIVER UNENFORCEABLE FOR A PARTICULAR CLAIM OR REMEDY, THAT CLAIM OR REMEDY WILL PROCEED IN THE COURT OTHERWISE HAVING JURISDICTION, AND THE REMAINING ENFORCEABLE CLAIMS WILL BE RESOLVED AS PROVIDED IN THIS EULA.
This EULA is governed by the laws of the State of Florida, without regard to conflict-of-law rules, except to the extent federal law controls or applicable consumer law provides non-waivable protections under another jurisdiction's law.
Gylt.me LLC 1904 East University Ave Gainesville, FL 32641 Telephone: (352) 448-6256 Support: support@gylt.me Legal notices: legal@gylt.me Website: gylt.me
This EULA, together with any applicable Privacy Policy, Terms of Service, subscription terms, product-specific terms, and mandatory marketplace terms, governs licensed use of the Application. Mandatory law and mandatory marketplace terms control to the extent they cannot lawfully be varied. Product-specific written terms control over this EULA only when they expressly state that they do.
If any provision is held unenforceable, it will be enforced to the maximum lawful extent or severed as necessary without invalidating the remaining provisions. Failure to enforce a provision is not a waiver of the right to enforce it later.
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