Terms and Conditions

Last updated on February 1st, 2021

Dys Privacy Policy explains how Dys and parent company Straw Technologies SARL collects, uses, shares, and protects your information in relation to Dys mobile and web services (“Service”). By using Dys Service, you understand and agree to the terms and conditions of Dys Terms of Use and our Privacy Policy (https://straw-tech.io/privacy). Dys permits you to use Dys App and Dys Website(s) solely in accordance with these Terms of Use. Dys retains ownership of Dys App and Dys Website(s) at all times. These Terms of Use apply to the use of any updates or changes to Dys App and Dys Website(s) that we may issue from time to time. Dys may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing Dys Website(s) and Dys App and to delete any copies of Dys App held by you.

Your consent to the processing of personal data

By downloading, installing or using Dys App or Dys Website(s) and/or by submitting personal data to Dys, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy, a copy of which is available at the following link https://straw-tech.io/privacy (the “Privacy Policy”). Our Privacy Policy explains how we process the personal data we collect in connection with your use of Dys App and Dys Website(s).

User age restrictions

Dys App and Dys Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use Dys App and Dys Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of Dys App and Dys Websites(s) subject to our Privacy Policy and provided reasonable evidence of this to us using the contact details specified in below.

Rights to Dys App, Dys Website(s) and their content

All intellectual property rights and other rights in or to Dys App and Dys Website(s), and any content of either, made available by or on behalf of Dys and its licensors, belong to and remain at all times with Dys and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to Dys App or Dys Website(s) or any contents of either. Dys App and Dys Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to Dys App and Dys Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to Dys App or Dys Website(s) is granted by us. Where you submit any content whatsoever (“Content”) to Dys App or Dys Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to Dys App, Dys Website(s) and our business from time to time, in accordance with our Privacy Policy. We welcome any feedback or suggestions for improvements relating to Dys App, Dys Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this. Save as expressly permitted by us in these Terms of Use, you must not use the content on Dys App or Dys Website(s) (other than content that is submitted by you to Dys App) for any commercial purpose without obtaining written permission from us to do so first.

Use of Dys App

In order to use Dys App, you must create a user account (a “Dys Account”). You are responsible for all uses of your Dys Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your Dys Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Dys Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered. Your Dys Account logs details of all Dys generated by you and any transfers of Dys to or from your Dys Account. Please review your Dys Account regularly. If you identify any erroneous transaction or unexpected activity on your Dys Account, or you believe that the security of your Dys Account has been compromised, you must let us know as soon as possible. When using Dys App on your mobile device, you acknowledge and agree that Dys operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

Changes and updates to Dys App and Dys Website(s)

Dys reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to Dys App and/or Dys Website(s), and/or (ii) alter the functionality or contents of Dys App and/or Dys Website(s) with or without notice to you. We may issue updates to Dys App from time to time. Depending upon the nature of the update, you may not be able to continue to use Dys App until you have downloaded the latest version of Dys App.

Contacting us

In relation to any matters concerning Dys App and Dys Website(s), including any feedback, questions, complaints or claims, please contact us by email to [email protected] Dys welcomes any feedback you may have on Dys App.

No warranty

Dys App and Dys Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of Dys App, Dys Website(s) or the contents of any of them. Dys does not warrant or undertake that use and availability of Dys App and Dys Website(s) will be uninterrupted or error-free. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO Dys APP OR Dys WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF Dys IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Third Party Content

For your convenience Dys may include in Dys App or Dys Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Dys has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you. Dys App and Dys Website(s) may include content submitted by other users of Dys App and Dys Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content. The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

Changes and updates to the Terms of Use

We may change or update these Terms of Use and/or our Privacy Policy from time to time. If we decide to do this we will post such changes or updates on our website https://straw-tech.io and on Dys App, so that you are always aware of the terms and conditions for the use of Dys App and Dys Website(s). If we make a significant change to these Terms of Use and our Privacy Policy, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use and our Privacy Policy on Dys App or Dys Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use or our Privacy Policy, by continuing to use Dys App or any Dys Website(s) you agree to be bound by such change or update. From time to time we may make available additional terms or guidance in relation to the usage of Dys App or Dys Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use Dys App or any Dys Website(s).

Limitation of liability

You acknowledge that Dys App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of Dys App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with Dys App, Dys Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, Dys App or Dys Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Coins by us. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph.

Apple's requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.

General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control. If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Attachment 1

App Store Terms

1. The Terms of Use are concluded between you and Dys, and not with Apple Inc (“Apple”). Dys App and its contents are the responsibility of us, our licensors and users of Dys App (to the extent that such users create, submit or distribute any content via Dys App) and not Apple.

2. The licence to use Dys App granted under these Terms of Use is a non­transferable license for you to use Dys App on an Apple­branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that Dys App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Dys App. We do not offer maintenance or support services in connection with Dys App.

4. Apple will have no warranty obligation whatsoever with respect to Dys App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of Dys App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to Dys App or your possession and/or use of Dys App, including, but not limited to: (i) product liability claims; (ii) any claim that Dys App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. In the event of any third party claim that Dys App or your possession or use of Dys App infringes that third party’s intellectual property rights, Dys and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. You must comply with any third party terms that are applicable to the use of Dys App from time to time.

9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof