DIO Terms of Use: Terms of Use

Agreement to Our Legal Terms

We are Elitec LLC ("Company," "we," "us," or "our"). We operate the mobile application DIO - Dump It Out, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at dio@elitechq.com or by mail to Elitec LLC, 1500 N Grant St, Ste N, Denver, CO 80203, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Elitec LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and where changes are material, DIO will also surface the updated terms in the app for your review. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after revised Legal Terms are posted means you accept the changes.

We recommend that you keep a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties around the world, and are provided "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to download and use the DIO application on a device that you own or control, and to access the Services, solely for your personal, non-commercial use.

Except as set out in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Requests may be sent to dio@elitechq.com. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, and you are at least 18 years of age; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. Subscriptions, Payments, and Refunds

DIO offers an optional paid subscription ("DIO Pro") with monthly and annual options, and may offer a free trial.

• Billing through Apple. All purchases, subscriptions, and payments are processed by Apple through the App Store. We do not collect, receive, or store your payment card or billing details. Prices are shown in the app before purchase and may vary by region.
• Free trial. If you start a free trial, your subscription will automatically convert to a paid subscription at the plan you selected (monthly or annual) at the end of the trial period unless you cancel before the trial ends.
• Auto-renewal. Subscriptions automatically renew for the same period until you cancel. Your Apple Account will be charged for renewal within 24 hours prior to the end of the current period, at the price for the plan you selected.
• Cancellation. You can cancel at any time by managing your subscriptions in your Apple Account settings on your device (open Settings, tap your name, tap Subscriptions, select DIO, and choose Cancel Subscription). Cancellation stops the next renewal; you keep access to DIO Pro until the end of your current billing period.
• Refunds. Because purchases are handled by Apple, refunds are also handled by Apple and are subject to Apple's App Store refund policies. We are not able to issue refunds directly. To request a refund, contact Apple.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us or other users.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that enforce limitations on use of the Services.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile or account.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party's use of the Services, or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts, data mining, robots, or similar data gathering and extraction tools.
• Attempt to impersonate another user or person.
• Interfere with, disrupt, or create an undue burden on the Services or connected networks or services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
• Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.

6. Feedback and Submissions

If you send us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree that we may use and share such feedback for any lawful purpose, including to improve the Services, without acknowledgment or compensation to you. You represent that your Submissions are your own and do not constitute confidential information, and that they are not illegal, harassing, hateful, harmful, defamatory, obscene, or otherwise objectionable.

Your content stays with you. DIO does not offer a feature to publicly post or share your content with other users. Your brain dumps, to-dos, check-ins, and other content are stored on your own device and your own iCloud. We do not claim ownership of your content, and we do not receive or access it.

7. Not Medical or Mental Health Advice

DIO is a productivity and organization tool. It is not a medical device, and it does not provide medical, psychological, therapeutic, or mental health advice, diagnosis, or treatment. Features such as the State Tracker are for personal reflection only and are not clinical assessments. DIO does not diagnose, treat, cure, or prevent any condition, and nothing in the app should be relied upon for any decision about your health or mental health.

If you are struggling or have concerns about your health or wellbeing, consult a qualified professional. DIO is not a substitute for professional care and should never be used in an emergency. If you are in crisis, contact your local emergency services or a crisis hotline.

8. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, or limit the availability of any of your contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information in the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms obligates us to maintain and support the Services or to supply any corrections, updates, or releases.

11. Governing Law

These Legal Terms shall be governed by and defined following the laws of the State of Colorado, United States. Elitec LLC and you irrevocably consent that the state and federal courts located in Denver County, Colorado shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms, except as otherwise provided in the "Dispute Resolution" section below.

12. Dispute Resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute (except those expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding arbitration

If we are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted in Denver County, Colorado. The number of arbitrators shall be one (1). The language of the proceedings shall be English, and the governing law shall be the law of the State of Colorado. If a Dispute proceeds in court rather than arbitration, it shall take place in the state or federal courts located in Denver County, Colorado. If the arbitration fees are determined to be excessive for a consumer, we will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to the provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

13. Corrections

There may be information in the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the Services at any time, without prior notice.

14. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES. DIO IS A PRODUCTIVITY TOOL AND IS NOT INTENDED TO PROVIDE MEDICAL, PSYCHOLOGICAL, OR OTHER PROFESSIONAL ADVICE, AS DESCRIBED IN THE "NOT MEDICAL OR MENTAL HEALTH ADVICE" SECTION ABOVE. AS WITH ANY APPLICATION, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR ONE HUNDRED US DOLLARS (USD $100.00). CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Any claim or cause of action arising out of or related to use of the Services must be commenced within one (1) year after the cause of action arises.

16. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

17. User Data

DIO stores your content on your own device and, if enabled, your own iCloud. We do not operate servers that store your content, and we do not maintain a copy of your content. You are solely responsible for any data you create using the Services, including keeping your own backups of anything important to you (for example, through iCloud). You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.

18. Electronic Communications, Transactions, and Signatures

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

19. Miscellaneous

These Legal Terms and any policies or operating rules posted by us in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

20. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: