Last updated on December 16, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICE.
These Terms of Service (the “Terms”) set out the rules, requirements, limitations, and restrictions that you, our users, must follow when using our services. Please read these Terms carefully. Understanding these Terms is important because, to use our services, You must accept these Terms. Please also consult our Privacy Policy, which will give you information about how we collect, use and store your personal data and what your related rights are.
1. The Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DT One App Store, Inc. (“DT”, “us”, “our”, or “we”) concerning your access to and use of the ONE Store mobile application (“One Store App”) licensed and powered by ONE store Co. Ltd. (“One Store”). You agree that by accepting these Terms, you have read, understood and accept to be bound by the Terms in their entirety.
These Terms also govern any software upgrades and/or updates provided with such upgrade and/or supplement to the Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND ANY USE MUST BE IMMEDIATELY DISCONTINUED.
2. Accepting These Terms.
You accept the Terms by:
a) Opening a One Store account as described in Sections 5 and 6 below; or
b) By using the Services. You acknowledge and agree that we will treat your use of the Services as acceptance and agreement to the Terms.
3. Accepting Our Privacy Policy.
Your use of the Service is also subject to our Notice at Collection and Privacy Policy available at http://www.digitalturbine.com/legal/dt-store-privacy-notice-and-notice-at-collection).
4. The Services.
4.1 The One Store App enables you to access, browse, download and purchase applications and other digital products for mobile devices (each, an “App”). The above-mentioned features available within the One Store App shall be referred to as the “Service” or “Services”. Apps include any content, ads, services, technology, data, in-app products and other digital materials included in or made available through an App (including after you download it). Apps also include any updates, upgrades and other changes and versions that you later use or download from us. The party that provides an App is generally the developer of the App, its owner or the person authorized to distribute such App (collectively, “Developer”). You may choose which App to download and install onto your device by selecting the respective App to be downloaded and installed. If you are not interested in downloading and installing an App, please refrain from downloading it.
4.2 DT has no control over the Apps. Apps you choose to install may require the Developer’s access or certain device and other data. Prior to installing an App, we encourage you to review the App’s description and privacy policy as made available by the Developer. Your use and interaction with the App once installed is subject to its respective terms of use and policies.
4.4 You understand and agree that we may stop (permanently or temporarily) providing all or some of the Services or any features within the Services to you or to users in general at our discretion, and without prior notice to you.
4.5 One Store may perform updates of the App Store or of the Services, which are designed to improve, enhance and further develop the Services or to fix issues. You agree to receive such updates and permit One Store to deliver these to you as part of your use of the Services.
4.6 If you have a limited data plan with your mobile carrier, using our Services may incur additional data charges if you are not connected to Wi-Fi.
4.7 You may uninstall or disable Apps which were installed through the App Store: To remove an app, go to Settings –> Apps or Application Manager. You may need to swipe right or left to find the app. Then tap the App you want to uninstall or disable.
5. You Must Be Eligible To Create An Account And Use The ONE Store App
5.1. The minimum age for using the Services is specified here. If you cannot find your country, you must be at least 16 years old to use the Services.
5.2. Creating a One Store account and using the Services by underaged users is strictly prohibited.
5.3. Certain countries maintain legal restrictions on the usage of the Services, downloading, installing or using Apps and other products, portions of products, or software that are or may be available through the Services. You expressly represent that you comply with all applicable legal restrictions in your jurisdiction.
6. You Must First Create An Account
6.1 You must first create a One Store account by providing information necessary for such purpose.
6.2. If your registration is approved based on the information you provide, an account shall be created, and You may use the Service
6.3. In any of the following events occur prior or after Your account is created, DT may refuse to accept or cancel your account:
(i) You use the name of someone else or provide false or inaccurate information; or
(ii) You are not permitted to register under the reasonable judgment of DT or for any other reason.
(iii) We may withhold or refuse to accept a subscription due to technical problems (such as the One Store App not being properly supported by the device’s operating system).
7. How To Close Your One Store Account
(i) you may close your One Store account through ‘My Account’ in the One Store App.
(ii) We or One Store may suspend or terminate your access to the Services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or if we or One Store is required to do so by law or governmental measure in your country of residence.
8. We Grant You A Limited License to Use The Services
8.1. Subject to your compliance with these Terms, DT hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable right to use the executable form of the Service, solely for your personal use. DT or its licensors reserve all rights in the One Store App and Service not expressly granted to you in these Terms.
8.2. Some of the Services may be provided offered under open-source license terms, which are available within the App Store settings. Please be sure to read those licenses.
8.3 With respect to any Apps that may be downloaded and installed onto your device by your use of the Service, you acknowledge and agree that your use of such Apps shall be subject to their respective terms of use and privacy policy. We encourage you to review such terms of use and privacy policy. You acknowledge and agree that DT or One Store have no responsibility or liability related to compliance or non-compliance by you or the Developer of the Developer’s terms of use.
8.4 Apps are protected by copyright and other intellectual property rights. Accordingly, you must not modify, reverse engineer, decompile or disassemble an App in whole or in part, or create any derivative works from or sublicense any rights in the App, unless otherwise expressly authorized in writing by the Developer.
8.5 You may remove or disable the One Store App through the standard procedure available by your device’s Operating System.
9. You May Make Purchases Within The One Store App
9.1. Apps may include free content as well as payable digital products such as additional or enhanced functionality, media content, or subscription access to content or services (“In-App Products“). The Apps or In-App Products are generally made available by the Developer which determines the conditions and price.
9.2. When you purchase an App or In-App Products, you will enter into a separate agreement with the seller, which is generally the Developer, and any such purchase and use of the purchased In-App Products is subject to the terms of use and privacy policy of the respective Developer. It is important that you review the price and all other conditions before you complete a purchase. You acknowledge and agree that either DT or One Store has no responsibility or liability with respect to your use of the App or any In-App Product.
9.3 Purchases may be made directly from the Developer, or through payment methods available within the One Store App (each such purchase within the One Store App, a “Purchase”). Your payment for Purchases will be processed by third party billing and payment providers (such as Adyen), and subject to said provider’s terms and conditions and privacy policy.
9.4 After you make a Purchase, we will notify you of the Purchase details via email. The Purchase shall be deemed to be completed when completed when the purchased digital content is installed
on your device or when an in-app product is provided by a developer, whichever is earlier.
9.5 You may submit inquiries pertaining to Purchases you have made, through the One Store App Help Center.
9.6 When you purchase an App or In-App Product you only acquire a license to use and not the title (ownership) or any rights to dispose over such App or In-App Product.
9.7 All sales are final. The Purchase of all Apps and In-App Products is final and non-refundable, except as explicitly stated otherwise in Section 10.3 below. When you make a Purchase of digital content you acknowledge and agree that the digital content will be available to you immediately, and you acknowledge that, as a result, you waive your automatic statutory right of withdrawal.
10. How To Make Payments And Request To Rescind Purchases
10.1 Payment Methods
(i) You may pay for a Purchase through one or more of the following methods we may determine from time to time:
(a) by various cards, such as credit card, debit card, etc.
(b) by Points or Credits issued by One Store; or
(c) by other electronic payment methods (such as PayPal).
(ii) Developers may utilize their own payment methods for purchases of In App Products; provided, however, that the Points (as defined below) issued by One Store are not available for purchases made through said payment methods. You acknowledge and agree that any external payments made through such payment methods establish a legal relationship solely between you and the Developers and/or their payment providers, and are unrelated to us or One Store. We and One Store will not bear any responsibility or obligation in relation to the external payment methods.
(iii) Unless otherwise indicated, the final purchase price of the Apps or In-App Products displayed on the One Store App includes sales tax or value-added tax.
10.2. Issuance and Use of Points
(i) One Store may issue One Store loyalty points (the “Points”) for your use of the Services, including for making Purchases or in relation to promotional campaigns for specific In-App Products. The amount of Points received may vary by Purchase or by product, and will be specified at the moment of Purchase.
(ii) The Points can only be used for the Purchases within the One Store App. The specific conditions for the use of the Points for a Purchase may vary depending on the content or campaign and will be displayed at the moment of Purchase.
(iii) The Points expire within a predefined period from the moment of their cumulation.
(a) The amount of cumulated Points and their expiry date will be available in your personal account.
(b) The use of Points may be restricted to a certain geographic region or Service.
(c) If we or One Store discover that you have wrongfully obtained Points, we or One Store may take measures at our discretion, which may include (but are not limited to) restricting or deleting your account.
(d) The Point are non-transferable and cannot be converted into cash or paid out in real-world currency.
(e) For the purpose of issuance and use of Points, One Store collects and stores your Purchase history.
(f) Upon closing of your account, termination of the use of the Service, all Points associated with your account will be forfeited, and you agree to not claim any rights to the Points that have already been forfeited, including restoration, reissuance, refunds, etc.
10.3 Refund Policy
10.3.1 All Purchases are final. Certain Purchases may be eligible for a refund by Digital Turbine (as the merchant of record), based on the terms outlined below or as otherwise required under applicable laws and regulations.
10.3.2 If you allow someone else to access your account or payment method, or do not apply measures to prevent unauthorized access to your account (for example, through authentication methods available within the One Store App), we reserve the right to not issue a refund.
10.3.3 Terms and Conditions:
(a) You discovered a wrongful purchase which –
(i) was not made or authorized by you and for which you an email purchase confirmation from Digital Turbine was sent to a different email address than provided under your One Store account;
(ii) the purchased item was not used, and
(iii) a request to rescind the unauthorized purchase was submitted by you through the One Store App Help Center, within sixty (60) days from the purchase date; or
(b) If it’s been less than forty-eight (48) hours since you made a purchase: depending on the purchased item, and provided that the purchased item was not used, you may submit a refund request through the One Store App Help Center.
(c) You may request a refund only once with respect to a specific app, game or in-app item. If you purchase the same item again, your purchase will not be eligible for a refund.
10.3.4 A response to a refund request will be provided within ten (10) business days.
10.3.5 A refund will be made to the same payment method used for the purchase. If we are unable to perform a refund to the same payment method, One Store Credits or other services equivalent to the refundable amount may be provided instead, in accordance with applicable laws and regulations.
10.3.6 If your refund request is approved, your refund will be processed within thirty (30) days.
10.3.7 If you experience problems with the purchased item, please contact the App Developer directly. The application developer contact information will be accessible in the App description page, or within the App.
11. Advertisements May Be Displayed
Some Services (such as App discovery and placement) may be sponsored by advertising partners. If you respond to advertising and promotional information and communicate or transact with the respective advertisers, it is solely a matter between you and such advertiser and we will not bear any responsibility or liability in this regard.
12. We Expect You To Use Our Service As Permitted
(i) You agree not to disassemble, decompile or otherwise reverse engineer any components of the One Store App, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
(ii) You expressly represent that you comply with all applicable legal restrictions in your jurisdiction. You are not permitted to use the Services if you are, or if you are owned or controlled directly or indirectly by, a person that is the target of export control restrictions, embargoes, or economic or trade sanctions maintained by the United States (including the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), the U.S. Department of Commerce, or the U.S. Department of State), the United Nations Security Council, the European Union, any European Union member state, or Her Majesty’s Treasury of the United Kingdom (collectively, “Sanctions”), including any person (a) named on any Sanctions-related list of designated persons, including the Specially Designated Nationals and Blocked Persons List maintained by OFAC, or the Entity List maintained by the U.S. Department of Commerce, the “Consolidated list of persons, groups and entities subject to EU financial sanctions” maintained by the European Union, or the “UK Consolidated List of Asset Freeze Targets” maintained by Her Majesty’s Treasury of the United Kingdom; or (b) operating, organized, or resident in a country or territory that is the target of comprehensive Sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea region) (collectively, a “Prohibited Person”). By using the Services you represent and warrant that (i) you are not (nor are you owned or controlled by, or acting for or on behalf of, directly or indirectly) a Prohibited Person; (ii) you are not prohibited by any Sanctions from using the Services; and (iii) you will not provide access to the Services to any Prohibited Persons.
13. Your Agree to Use The Service Lawfully
You agree to only use the Services as permitted in these Terms. You agree to comply with all applicable laws, rules and regulations when using the Service. You will not use the Service to infringe anyone’s rights, including, without limitation, any intellectual property rights of any person or entity.
You agree that you are solely responsible (and that DT has no responsibility to you or to any third party) for your use of the Service, any breach of your obligations under these Terms, and for the consequences of any such breach.
14. We Do Not Grant You Intellectual Property Rights
You acknowledge and understand that DT or its licensors own all right, title and interest in and to the One Store App and Service, including without limitation all intellectual property rights therein. The One Store App and Service, and One Store tradename, are protected by copyright, trademark, patent, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Service as delivered to you.
15. The One Store App May Be Updated
The One Store App may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the experience of the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DT to deliver these to you) as part of your use of the Service.
16. Disclaimer of Warranties
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. DT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. DT DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SERVICE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE SERVICE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE COVERED PERSONS (DEFINED BELOW) WILL HAVE NO LIABILITY WITH RESPECT THERETO. DT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO DISABLE OR TURN OFF AND CEASE USE OF THE ONE STORE APP OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. We Have Limited Liability
IN NO EVENT WILL DT OR ONE STORE AND THEIR AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “COVERED PERSONS”), BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SERVICE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE COVERED PERSONS WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL DT OR ONE STORE’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. You Agree To Indemnify Us
To the maximum extent permitted by law, you agree to defend, indemnify and hold DT and One Store harmless from and against any and all claims, suits, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the Service, including your downloading, installation, or use of Apps, or your violation of these Terms.
19. These Terms Are Subject to The Laws of Texas
These Terms shall be governed by and interpreted under the laws of the State of Texas, USA, without regard to its conflicts of laws provisions. All claims arising out of or relating to these Terms or the Service must be filed and litigated exclusively in the competent federal courts of Travis County, Texas, USA, and you consent to personal jurisdiction in those courts.
20. We May Modify These Terms
DT reserves the right to modify and/or change these Terms. The updated terms will be available within the One Store App. We indicate the date these Terms were last modified at the top of these Terms, if substantive changes were made. By continuing to use the Service, you agree to be bound by the modified Terms.
21. Miscellaneous
(i) These Terms and all the policies referenced herein constitute the entire agreement between DT and you concerning the subject matter hereof, and it may only be modified by a written amendment issued by DT.
(ii) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
(iii) If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
22. Contact Information
If you have any questions you may contact DT at:
DT One App Store, Inc.
110 San Antonio St., Austin. Texas 78701, USA