EULA

Please read this End-User License Agreement (“EULA” or "Agreement" or “EULA Agreement”) carefully before clicking the "I Agree" button, downloading or using Dux ("Application"). By clicking the "I Agree" button below, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not use the Application.

License: Dux Platform Technologies, Inc. (“Dux”) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal purposes strictly in accordance with the terms of this Agreement.

Restrictions: You agree not to, and you will not permit others to: (i) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; and (ii) create, reproduce and/or share any explicit media of illegal activities, human / child trafficking, and/or harm to others. Dux has a zero-tolerance policy for objectionable content or abusive users.

Acknowledgement: You agree that this Agreement is between You (the user) and Dux Platform Technologies, Inc. and not between you and Apple. You are solely responsible for the Licensed Application and the content thereof. The Agreement may not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).

Scope of License: The license granted to you for this Application is limited to a non-transferable license to use Dux on any Apple-branded Products that You (the user) owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support: Dux is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA, or as required under applicable law. Dux and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

Warranty: Dux Platform Technologies, Inc. is solely responsible for any product warranties. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Dux Platform Technologies, Inc.

Product Claims: Dux Platform Technologies, Inc., not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Dux’s liability to the End-User beyond what is permitted by applicable law.

Intellectual Property Rights: You and the Dux acknowledges that, in the event of any third party claim that the Application or the End-User’s possession and use of that Application infringes a third party’s intellectual property rights. Dux, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

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

Developer Name and Address: Dux Platform Technologies, Inc. is located at 33 Shore Breeze Drive, Suite 3701, Toronto, ON, Canada, M8V0G1. We can be reached at +1 (289) 442-5704 or by emailing support@duxplatform.com. You must contact Dux, not Apple, regarding questions, complaints or claims with respect to this Application.

Third Party Terms of Agreement: You, by agreeing to this Agreement, must comply with any and all applicable third party terms of agreement when using the Application.

Third Party Beneficiary: Dux and You, acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA Agreement, and that, upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.

Modifications to Application: Dux Platform Technologies, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination: This Agreement shall remain in effect until terminated by you or Dux Platform Technologies, Inc. Dux may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Dux Platform Technologies, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device(s) or from your desktop.

Severability: If any provision of this Agreement 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.

Amendments to this Agreement: Dux Platform Technologies, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, Dux is not required to give any notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By clicking the below “I Agree” on the app, you agree to the terms and conditions set forth in use of this Application. Last updated: February 1st, 2021.