Terms and Conditions

Last Modified 6/29/2023

These terms and conditions outline the rules and regulations for the use of Data Environmental Science, LLC’s app Data Fidget.

By accessing the app Data Fidget we assume you accept these terms and conditions. Do not continue to use the Data Fidget app if you do not agree to accept all of the terms and conditions stated in this document.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person using the app and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Payment Terms and Conditions

Free Trial

By purchasing a free trial subscription you agree to an initial and recurring monthly subscription fee once the free trial period has ended, at the then-current monthly subscription rate. After the free-trial has ended you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your free trial or monthly subscription anytime subject to the terms of our cancellation policy. We explain how to cancel your monthly subscription below at the section Cancellation Policy.

Monthly Subscription

By purchasing a monthly subscription you agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your monthly subscription at any time subject to the terms of our cancellation policy. We explain how to cancel your monthly subscription below at the section Cancellation Policy.

Automatic Monthly Renewal Terms

Once you subscribe Google Play will automatically process your monthly subscription fee. Google Play will continue to automatically process your monthly subscription fee each month at the then-current monthly subscription rate until you cancel your subscription. We explain how to cancel your monthly subscription below at the section Cancellation Policy.

Credit card holder's account is automatically charged on the same date as the original transaction date on each corresponding month or on the final date of month if no corresponding date (January 31, 2020 subscription renews on February 28, 2020). Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates. We may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of access granted under these Terms is effective only upon payment of the subscription fees.

Cancellation Policy

You can cancel a monthly or free trial subscription anytime after the time of your subscription purchase. You can cancel your subscription from your subscribed Google Play account from the manage subscriptions page (https://play.google.com/store/account/subscriptions). The only valid method for canceling your Subscription is by using the cancellation link provided by your subscribed Google account. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.

Once you cancel your monthly subscription, you will not lose access immediately. Your subscription will continue through the end of your current charge cycle. For example: If your credit card is charged on the 14th of the month and you cancel on June 29th, you will not lose access until July 14th.

Refund Policy

Subscription payments and fees are non-refundable. To prevent future charges you must cancel your free trial before the free trial period ends or monthly subscription before the next billing cycle according to our cancellation policy.

License

Unless otherwise stated, Data Environmental Science, LLC own the intellectual property rights for all material on the Data Fidget app. All intellectual property rights are reserved. You may access this from the Data Fidget app for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Data Fidget

• Sell, rent or sub-license material from Data Fidget

• Reproduce, duplicate or copy material from Data Fidget

• Redistribute content from Data Fidget

This Agreement shall begin on the date hereof.

To the extent permitted by applicable laws, Data Environmental Science, LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments and Content on Data Fidget.

iFrames

Without prior approval and written permission, you may not create frames around our app pages that alter in any way the visual presentation or appearance of our app.

Indemnification

You agree to indemnify Data Environmental Science, LLC and its affiliates and hold Data Environmental Science, LLC harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Liability

Data Environmental Science, LLC is not liable for any damages that may occur to you as a result of use or misuse of our app. To the maximum extent permitted by law, you understand and expressly agree that Data Environmental Science, LLC will not be liable to you under any theory of liability for any indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, including any loss of data, whether or not Data Environmental Science, LLC or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

Data Environmental Science, LLC reserves the right to edit, modify, and change this agreement at any time. We shall let our users know of these changes through app updates. This agreement is an understanding between Data Environmental Science, LLC and the user, and this supersedes and replaces all prior agreements regarding the use of this app.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our app and the use of this app. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

To the maximum extent permitted by law, you understand and expressly agree that your use of the Data Fidget app is at your sole risk and that the Data Fidget app are provided "as is" and "as available" without warranty of any kind.

Your use of the Data Fidget and any material downloaded or otherwise obtained through the use of the Data Fidget app is at your own discretion and risk and you are solely responsible for any damage to your computer system or other device or loss of data that results from such use.

The Data Fidget app further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.