Terms of Use
Terms of Use for Neurotic Stix Pro
Last updated: May 20, 2023
Please read these terms and conditions carefully before using Our Service.
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Definitions
For the purposes of these Terms and Conditions:
- App means the software program (Neurotic Stix Pro) provided by the Company downloaded by You on any electronic device.
- App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the App has been downloaded.
- Company refers to Neurotic Tornado LLC. (Also referred to as “the Company”, “We”, “Us” or “Our” in this Agreement.)
- Device means any device that can access the Service such as a computer, a phone, or a tablet.
- Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
- In-App Purchase refers to the purchase of a product, item, service, or Subscription made through the App and subject to these Terms and Conditions and/or the App Store’s own terms and conditions.
- Service refers to the App and its features.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- You means the individual (or legal entity) accessing or using the App or Service.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
The App is not intended for children under 13 years of age.
Please read Our Privacy Policy before using Our Service.
Conduct
You agree not to use the App to: upload, share, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or harmful to minors in any way.
Subscriptions and Purchases
In-App Purchases
The App may include In-App Purchases that allow you to buy products, services, or Subscriptions.
More information about how you may be able to manage In-App Purchases using your Device may be set out in the App Store’s own terms and conditions.
In-App Purchases can only be consumed within the App. If you make an In-App Purchase, that In-App Purchase cannot be canceled after you have initiated its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If You wish to request a refund, You may do so by contacting Apple or the App Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the App Store from where you downloaded the App and are governed by that App Store’s own terms and conditions.
If you have any payment-related issues with In-App Purchases, then you need to contact Apple directly.
Subscription Period
Some parts of the Service may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You can manage your Subscription by viewing your Apple subscriptions with your Apple device or online after purchase. All purchases are final. Neurotic Tornado LLC doesn’t manage your subscription and can’t issue refunds for purchases charged to your Apple ID.
Subscription Cancellations
You may cancel Your Subscription renewal with Apple. The subscription automatically renews unless it’s canceled at least 24 hours before the end of the current period. Apple provides ways to cancel your subscription using your device or from a computer. For more guidance, refer to Apple’s documentation on subscriptions. Example help document from Apple’s website: If you want to cancel a subscription.
You will not receive a refund for the fees You already paid for Your current Subscription period. You will be able to access the Service until the end of Your current Subscription period.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Your continued use of the Service (after the Subscription fee change comes into effect) constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
All purchases are final. Neurotic Tornado LLC can’t issue refunds for purchases charged to your Apple ID.
The App Store’s refund policy applies for The Subscription or In-App Purchase. If You wish to request a refund, You may do so by contacting Apple directly.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
“AS IS” and “AS AVAILABLE” Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE APP ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY.
The Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, Apps, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, or other harmful components.
Governing Law
The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the App may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us.