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Dye Up

Terms of Use

Last updated: August 6, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING AN ASSUMPTION OF RISK, A RELEASE OF CLAIMS, A DISCLAIMER OF WARRANTIES, A LIMITATION OF LIABILITY, AN INDEMNIFICATION OBLIGATION, A ONE-YEAR TIME LIMIT ON CLAIMS (SECTION 22), AND A BINDING ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND JURY TRIAL WAIVER (SECTION 23).

1. Agreement to these Terms; the Developers

These Terms of Use ("Terms") are a legally binding agreement between you and the developers of Dye Up, together doing business as the Dye Up partnership (the partnership and each partner individually, the "Developers", "we", "us", "our"). These Terms cover your download, installation, and use of the Dye Up mobile application, together with all related content, features, updates, and services (collectively, "the app"). Every disclaimer, release, assumption of risk, limitation of liability, indemnity, and other protection in these Terms is made for the benefit of, and may be enforced by, the partnership and each Developer individually, as well as their respective heirs, personal representatives, successors, and assigns, and no claim arising out of or relating to the app may be brought against any Developer personally except to the limited extent, if any, these Terms permit a claim against us at all. By tapping "I Agree" in the app, or by downloading, installing, accessing, or using the app in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the app and delete it from your device.

You agree that tapping "I Agree" constitutes your electronic signature and has the same legal effect as a handwritten signature, and you consent to doing business with us electronically, including receiving any notices and disclosures electronically, to the extent permitted by law (including the U.S. E-SIGN Act).

2. Eligibility, age, and minors

You must be old enough to form a binding contract in your jurisdiction to accept these Terms. If you are a minor, you may use the app only if your parent or legal guardian has reviewed and accepted these Terms on your behalf and supervises your use; by allowing a minor to use the app, the parent or guardian accepts these Terms, is fully responsible for the minor's use of the app (including any purchases), and agrees to indemnify us for it. The app carries the age rating shown on its App Store listing, and you agree to comply with that rating. You represent that all information you provide in connection with the app is accurate.

3. The app is a simulation only

Dye Up is a fictional, animated video game about throwing a simulated die at simulated targets. It is a game of skill, played entirely on a screen, against software. The app:

• is software and nothing else. It contains no physical objects, provides no physical objects, and no part of it can be consumed, worn, used, or acted upon anywhere except inside the software;
• does not require, instruct, direct, reward, promote, invite, or encourage you to do anything at all away from the screen, at any time, by any means, whether by text, image, animation, sound, prompt, score, achievement, or reward;
• depicts objects (including containers, targets, furniture, equipment, sports fixtures, clothing, and scenery) purely as fictional, decorative artwork drawn inside the game. Their presence is set dressing for a video game and is not a depiction, endorsement, recommendation, or suggestion of any real-world use of any object;
• is not a gambling product and contains no loot boxes or games of chance played for value. In-game "cups" currency is earned by playing, has no monetary value, cannot be purchased with or redeemed for money, and involves no wagering; and
• is not, and does not provide, instructions, rules, guidance, coaching, or a template for any activity outside the software. The names the game gives to its own outcomes are colloquial labels for events that happen on screen, and the app's on-screen "rules" describe only what the software does. Any resemblance between the app's fictional mechanics and any activity outside it is thematic only and is not intended to be reproduced.

4. Nothing in the app is an instruction to act off the screen

The app is played by touching a screen. It is designed, and is only ever intended, to be experienced there. Nothing it displays is a direction, instruction, invitation, dare, challenge, requirement, condition, penalty, forfeit, or suggestion to do anything in the physical world, and nothing it displays should be read, treated, or relied on as one. To the maximum extent permitted by applicable law, you acknowledge and agree that:

• No prompt, message, label, rule, score, streak, reward, achievement, animation, sound, or other output of the app asks you to do anything other than operate the app. If any output of the app is ever read as asking for something more, that reading is mistaken, is not intended by us, and must not be acted on.
• Any decision to do anything away from the screen — before, during, or after using the app, whether or not the app is running, and whether or not it was prompted by something you believe you saw or heard in the app — is entirely your own independent decision, made on your own initiative and judgment, and not at our invitation, direction, encouragement, or endorsement.
• If you choose to reproduce, imitate, adapt, re-enact, wager on, add house rules to, or otherwise carry any part of the app into the physical world — including any game, contest, activity, dare, challenge, initiation, forfeit, penalty, stunt, physical exertion, or consumption of anything — you do so entirely at your own risk and entirely on your own initiative. We do not sponsor, organize, supervise, host, endorse, or condone any such activity, we are not a participant in or organizer of it, and no part of the app should be understood as rules for it.
• You are solely responsible for complying with every law, regulation, rule, policy, and duty of care that applies to you, to anyone in your company, and to anywhere you use the app or anything you do while or after using it. You must not use the app while driving, cycling, operating machinery, or in any other situation that requires your attention or that could endanger you or anyone else.
• If you use the app in the presence of others, or at any gathering of any kind, you (and not we) are solely responsible for the safety, conduct, supervision, suitability, and legal compliance of that setting and of every person in it, including any minor. We have no control over, no knowledge of, and no responsibility for where, how, with whom, or alongside what the app is used, and we are not an organizer, host, supervisor, or participant in any such setting.
• To the fullest extent permitted by law, we are not responsible or liable for any injury, illness, impairment, death, assault, altercation, property damage, criminal or civil penalty, loss, or other harm of any kind, to you or to any third party (including bystanders and anyone else present), arising out of or related to any conduct occurring off the screen before, during, or after use of the app, whether or not the app was in use at the time, whether or not that conduct was in any way inspired by, themed after, named after, adapted from, or accompanied by the app, and whether or not the person engaging in it believed the app called for it.
• The app is entertainment software and nothing more. It gives no advice of any kind, and it must not be relied on for any purpose other than playing it.

5. Assumption of risk and release

To the maximum extent permitted by applicable law, you knowingly and voluntarily assume all risks, both known and unknown, foreseen and unforeseen, arising out of or related to your use of the app and any real-world conduct you or those around you engage in while or after using it (including risks of personal injury, illness, death, emotional distress, property damage, and financial loss), and you release, waive, and discharge the partnership, each Developer individually, and our respective affiliates, licensors, contractors, family members, heirs, personal representatives, successors, and assigns (the "Released Parties"), from any and all claims, demands, causes of action, damages, and liabilities of every kind arising out of or related to those risks, whether based in contract, tort (including negligence), strict liability, statute, or otherwise. The risks you assume and the claims you release expressly include, without limitation, seizures, blackouts, epileptic episodes, motion sickness, dizziness, nausea, disorientation, migraines, eye strain, hearing damage, tinnitus, startle reactions, repetitive strain, falls, and any other injury or condition allegedly caused by, triggered by, or related to the app's visual, audio, or haptic output (including screen shake and camera movement, flashing or pulsing imagery, rapid color changes, particle and trail effects, dice-trail animations, splash and explosion animations, transitions, vibration and haptic feedback, and sound effects and music at any volume), whether experienced during play or afterward. This release extends to claims brought on your behalf by heirs, executors, family members, or personal representatives. If you are a resident of a jurisdiction that does not allow certain releases (for example, California Civil Code §1542, which covers claims you do not know or suspect to exist at the time of the release), you expressly waive the protections of any such statute to the extent permitted by law.

6. Health and safety notices

WARNING: READ BEFORE PLAYING. The app contains dynamic visual and audio effects, including screen shake and simulated camera movement, flashing and pulsing imagery, rapid color changes, particle and trail effects, animated splashes and explosions, vibration and haptic feedback, and sudden or loud sound effects and music. By using the app you confirm you have read and understood the following:

• Photosensitivity and seizures: A small percentage of people may experience seizures, blackouts, or altered consciousness when exposed to flashing lights, patterns, rapid color changes, or intense animations, including in video games, even with no prior history of seizures or epilepsy. The app's effects (including screen shake, trail and particle animations, and flashing celebration effects) may trigger such episodes in susceptible individuals. If you or anyone in your family has a history of seizures or epilepsy, consult a physician before playing. If you experience dizziness, altered vision, eye or muscle twitching, loss of awareness, disorientation, involuntary movement, or convulsions, stop playing immediately and seek medical attention. Parents should monitor children's play for these symptoms.
• Motion effects and screen shake: Screen shake, camera movement, and other motion effects may cause motion sickness, dizziness, nausea, disorientation, headaches, or migraines in some players. Stop playing if you feel unwell, and do not resume until symptoms fully pass. Where your device or the app offers settings that reduce motion, effects, sounds, or graphics intensity, you are solely responsible for using them if you are sensitive.
• Audio and startle effects: The app plays sound effects and music that may begin suddenly or vary in loudness. Listening at high volume, or through headphones, may damage hearing or cause tinnitus, and sudden sounds may startle. Set your volume responsibly before playing, and lower it or mute sounds in the app's settings if needed.
• Haptics and vibration: Vibration and haptic feedback may aggravate certain medical conditions or implanted devices. Consult a physician if you have any condition that vibration may affect.
• Repetitive motion and fatigue: Extended play may cause discomfort or injury in hands, wrists, arms, neck, or eyes. Take regular breaks (at least several minutes every hour) and stop if you experience pain, numbness, tingling, or discomfort.
• Surroundings: Stay aware of your surroundings while playing. Do not use the app while walking in traffic, driving, cycling, operating machinery, standing in elevated or hazardous locations, or doing anything else that requires your attention. Physical reactions to gameplay (such as flinching, gesturing, or celebrating) can cause falls, collisions, dropped devices, or injury to you or bystanders; you are solely responsible for playing in a safe environment.
• Pre-existing conditions: If you have any medical condition (including heart conditions, epilepsy, vertigo, inner-ear or vision disorders, anxiety disorders, or photosensitivity), consult a physician before playing. You represent that you are physically and medically able to play safely.
• No professional advice: Nothing in the app is medical, legal, financial, or other professional advice, and you should not rely on the app for any purpose other than entertainment.

To the maximum extent permitted by applicable law, you assume all risks described in this section and agree that the Released Parties are not liable for any injury, condition, or harm of the kinds described above, whether or not you experienced symptoms before and whether arising during play or afterward.

7. Your license to use the app

We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use Dye Up on Apple devices that you own or control, for your own personal, non-commercial entertainment, subject to these Terms and to the App Store terms. The app is licensed to you, not sold. All rights not expressly granted are reserved. You may not (and may not permit anyone else to):

• copy, modify, adapt, translate, or create derivative works of the app or its content;
• reverse-engineer, decompile, disassemble, or attempt to extract source code, except to the extent such restriction is prohibited by law;
• rent, lease, lend, sell, resell, sublicense, distribute, or otherwise transfer the app or access to it;
• remove or alter any copyright, trademark, or other proprietary notices;
• use the app's art, audio, characters, names, or other content outside the app (including in videos, merchandise, or promotions) without our prior written permission, except as allowed by a separate published policy or by law;
• use the app to develop a competing product, or for data mining, scraping, or training of machine-learning models; or
• use the app in violation of any law or of these Terms.

8. Acceptable use and security

Use the app only for lawful, personal entertainment. You may not: attempt to disrupt, overload, tamper with, or gain unauthorized access to the app, its distribution channels, or the devices or data of others; probe or test the vulnerability of any related system; use cheats, exploits, bots, automation, or unauthorized third-party software or modifications; misrepresent your identity in communications with us; interfere with any other person's use of the app; or use the app to harass, threaten, endanger, defame, or harm any person, or in connection with any hazing, initiation, coercion, or dare. We may investigate violations and may suspend or terminate your access, revoke virtual items, and report conduct to authorities, in each case without notice or liability.

9. In-app purchases

Dye Up is free to play. It offers optional one-time, non-consumable in-app purchases for cosmetic items such as boards, backgrounds, dice, and trails, and bundles of those items. There are no subscriptions and nothing renews automatically.

• All purchases are processed by Apple through the App Store. We never see or handle your payment details.
• Purchases unlock cosmetic content only and do not change the rules of the game or confer a competitive advantage.
• Items you buy can be restored on your devices using the Restore option in the shop.
• All sales are final except where a refund is required by law. Refund requests are handled by Apple under the App Store terms, not by us.
• You are responsible for all purchases made through your Apple account, including purchases made by others you allow to use your device. Use Apple's parental controls to restrict purchases by minors.
• Prices may change at any time for future purchases. We are not responsible for App Store errors, outages, or payment disputes between you and Apple.

10. In-game cups (earned currency) and virtual items

In-game "cups" and all virtual items, boards, backgrounds, dice, trails, cosmetics, and unlocks are fictional content licensed to you, not property, and you have no ownership, monetary, or other real-world interest in them. Cups have no real-world value, cannot be bought, sold, transferred, or exchanged for money or anything of value outside the app, and can only be used to unlock cosmetic items inside the app. Cups and virtual items may be modified, rebalanced, repriced, or discontinued at any time without compensation, and may be lost if you delete the app, reset your device, or change devices. Cups are not gambling and involve no wagering of money. Selling or trading virtual items or accounts outside the app is prohibited and void.

11. Customization features

The app includes customization features (for example, configurable board designs, letters, colors, and combinations). You alone choose your combinations, and you are solely responsible for the selections you make and for how you use or display them. Customization options are generic decorative elements; the availability of any letters, colors, or symbols does not represent, and must not be used to imply, any affiliation with, or endorsement by, any organization. You may not use customization features to imitate, impersonate, or disparage any person or organization, or to create anything unlawful. We may change or remove customization options at any time.

12. Themed content: no affiliation or endorsement

The app contains fictional, decorative themes, including campus, sports, travel, geography, and flag motifs (such as stylized state and country flags), and colloquial names for its own outcomes, provided purely as artistic content. We are not affiliated with, sponsored by, or endorsed by, and the app is not associated with, any fraternity, sorority, or Greek-letter organization; any school, college, or university; any sports league, federation, association, team, or governing body (including any organization whose name may coincide with colloquial outcome names used in the game); any government or flag authority; any manufacturer, brand, or seller of any product depicted or resembled by the game's artwork; or any other company or organization. All third-party names and marks, if any appear, are the property of their respective owners, and no sponsorship or endorsement is implied. Flags and emblems appear as decorative artwork only and imply no political statement or official status.

13. Intellectual property and feedback

The app and all of its content (including software, code, art, animations, characters, audio, music, sound effects, text, names, logos, and trade dress) are owned by us or our licensors and are protected by copyright, trademark, and other laws worldwide. Nothing in these Terms transfers any ownership to you. Any feedback, ideas, or suggestions you send us are voluntary and non-confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without restriction, attribution, or compensation.

14. Copyright complaints

We respect intellectual property rights. If you believe content in the app infringes your copyright, send a notice to dyeupgame@gmail.com including: your contact information; identification of the copyrighted work and of the material claimed to infringe; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and you are the owner or authorized to act for the owner; and your physical or electronic signature. We will review and respond as required by applicable law, including the Digital Millennium Copyright Act.

15. Third-party services and links

The app depends on third-party platforms and services we do not control (including Apple, the App Store, and your device's operating system), and our website may link to third-party sites. We are not responsible for third-party services, sites, content, or their availability, terms, or privacy practices, and we make no warranty regarding them. Your dealings with any third party are solely between you and that third party. Any promotional banners in the app advertise our own content only.

16. Devices, connectivity, and charges

You are responsible for the device and internet or cellular connection used to download and run the app, for all carrier data charges, and for keeping your device and its software up to date and secure. Like any software, the app consumes device resources; to the maximum extent permitted by law, we are not liable for battery drain, overheating, storage use, device wear, data-plan usage, or any damage to or degradation of your device, software, or other files arising from downloading or using the app.

17. No accounts, backups, or data recovery

The app stores progress, unlocks, and settings locally on your device and does not provide online accounts or cloud saves operated by us. You are responsible for backing up your device. To the maximum extent permitted by law, we are not liable for any loss of game progress, cups, virtual items, customizations, or settings, whether caused by deletion of the app, device loss, reset, transfer, or failure, software updates, or any other cause, and we have no obligation to restore lost data or content.

18. Updates, availability, and termination

We may update, modify, suspend, or discontinue the app or any part of it (including features, content, and virtual items) at any time, with or without notice, and without liability to you. Updates may be required for continued use. We do not promise that the app will remain available, supported, or compatible with future devices or operating systems, or that we will provide maintenance or support. These Terms remain in effect while you use the app; we may terminate or suspend your license at any time, with or without cause or notice, including if you violate these Terms. Upon termination you must stop using and delete the app; sections that by their nature should survive termination (including Sections 3-6, 10, 12-14, and 19-29) survive.

19. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND THE RELEASED PARTIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE APP CREATES ANY WARRANTY. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR VIRTUAL ITEMS, OR FOR ANY PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE APP, INCLUDING ANY REAL-WORLD CONDUCT DESCRIBED IN SECTION 4, ANY CONDUCT OF THIRD PARTIES, AND ANY SEIZURE, MOTION SICKNESS, HEARING DAMAGE, OR OTHER INJURY OR CONDITION DESCRIBED IN SECTIONS 5 AND 6, INCLUDING THOSE ALLEGEDLY CAUSED BY SCREEN SHAKE, FLASHING OR ANIMATED IMAGERY, TRAIL OR PARTICLE EFFECTS, HAPTICS, OR SOUND EFFECTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR IN-APP PURCHASES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY U.S. DOLLARS (US$50). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN, REFLECT THE FACT THAT THE APP IS OFFERED FREE OF CHARGE, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING, WHERE APPLICABLE, LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

21. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the partnership, each Developer individually, and the other Released Parties from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) brought by any person or entity arising out of or related to: (a) your use or misuse of the app; (b) your violation of these Terms or of any law or regulation; (c) any conduct, activity, or gathering off the screen that you engage in, host, organize, supervise, permit, or participate in before, during, or after using the app, including anything you or anyone in your company does that is in any way inspired by, adapted from, or accompanied by the app; (d) your violation of any rights of a third party; or (e) any customization choices you make in the app. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle any such claim without our prior written consent.

22. Time limit on claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the app must be filed within ONE (1) YEAR after the claim accrued; otherwise, the claim is permanently barred. This section does not apply where prohibited by law.

23. Dispute resolution: binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

• Informal resolution first. Before filing a claim, you agree to contact us at dyeupgame@gmail.com with a written description of the dispute and give us 60 days to try to resolve it informally.
• Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the app (including its formation, interpretation, breach, or termination, and including whether a claim is subject to arbitration) that cannot be resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision. Arbitration will be conducted in English, by videoconference or written submissions where the rules allow, or otherwise in the county where you reside. Each party bears its own attorneys' fees and costs except where the applicable rules or law provide otherwise; AAA filing and arbitrator fees are allocated under the AAA Consumer Rules.
• Class action waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. RELIEF MAY BE AWARDED ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF.
• Jury trial waiver. YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT.
• Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for actual or threatened infringement or misuse of intellectual property or for unauthorized access to the app.
• Opt-out. You may opt out of this arbitration provision by emailing dyeupgame@gmail.com within 30 days of first accepting these Terms, with your name and a clear statement that you opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
• Severability of this section. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court, and the remainder of this section remains in effect. If any other portion of this section is found unenforceable, it will be severed and the remainder enforced.
• Changes to this section. If we materially change this arbitration provision, you may reject the change by emailing us within 30 days, in which case the prior version applies.

24. Governing law and venue

These Terms, and any dispute not subject to arbitration, are governed by the laws of the State of Arizona, United States, without regard to its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods, and shall be brought exclusively in the state or federal courts located in Arizona; you consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

25. International use and consumer rights

We make the app available from the United States and make no representation that it is appropriate or lawful in any particular location. If you use the app outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are a consumer in a jurisdiction (including the European Union, United Kingdom, or Australia) whose laws grant you mandatory rights or protections that cannot be excluded or waived by contract (including statutory guarantees and any right to bring proceedings in your local courts under your local law), nothing in these Terms excludes, limits, or waives those rights, and the limitations in these Terms apply only to the extent permitted in your jurisdiction.

26. Apple-specific terms; government users; export

These Terms are between you and us, not Apple Inc. ("Apple"). Apple is not responsible for the app or its content and has no obligation to furnish maintenance or support. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims of failure to conform to legal or regulatory requirements, consumer protection claims, and intellectual property claims. In the event of a third-party claim that the app infringes intellectual property rights, we, not Apple, are responsible for its investigation, defense, settlement, and discharge to the extent required by the App Store terms. You must also comply with applicable third-party terms (such as your wireless data agreement) when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

The app is "commercial computer software" and related documentation for purposes of any acquisition by or for the U.S. government, licensed only with the rights granted to all other users under these Terms. You represent that you are not located in a country subject to a U.S. government embargo or designated a "terrorist supporting" country, and are not on any U.S. government restricted- or denied-party list, and you agree to comply with all applicable export control and sanctions laws.

27. Changes to these Terms

We may update these Terms from time to time. The current version will always be posted on this page with a new date at the top, and material changes may be presented for acceptance in the app. Changes take effect when posted unless stated otherwise. Continuing to use the app after a change takes effect means you accept the updated Terms; if you do not agree, stop using the app and delete it.

28. Notices

We may provide notices to you by posting on this page, within the app, or through the App Store. Legal notices to us must be sent by email to dyeupgame@gmail.com and are effective when received.

29. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the app and supersede any prior or contemporaneous agreements, communications, or representations. You acknowledge you have not relied on any statement not set out in these Terms.
• Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, reformed only as necessary, and the remaining provisions remain in full force.
• No waiver. Our failure or delay in enforcing any provision is not a waiver of it, and no waiver is effective unless in writing.
• Assignment. You may not assign or transfer these Terms or any rights under them; any attempt is void. We may assign these Terms without restriction, including in connection with a sale, merger, or transfer of the app.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, epidemics, utility or platform failures, and internet disturbances.
• No relationship. Nothing in these Terms creates any partnership, joint venture, employment, fiduciary, or agency relationship between you and us. The partnership referred to in Section 1 exists only between the Developers, and you are not a partner in, member of, or beneficiary of it.
• No third-party beneficiaries. Except for Apple as described in Section 26 and the Released Parties as to the sections that protect them, these Terms create no third-party beneficiary rights.
• Equitable relief. You agree that a breach of Sections 7, 8, or 13 may cause us irreparable harm for which damages are inadequate, and that we may seek injunctive relief in addition to other remedies.
• Interpretation. Section headings are for convenience only; "including" means "including without limitation." These Terms are in English, and any translation is provided for convenience only. The English version controls to the extent permitted by law.
• Survival. Any provision that by its nature should survive termination of these Terms survives, as described in Section 18.

30. Contact

Questions about these Terms? Email dyeupgame@gmail.com.