Policies

Subject to your compliance with this Agreement and any applicable App Store terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of the App on a mobile device that you own or control and to run such copy of the App solely for your internal business purposes in connection with your employment or engagement with Exactix Corporation or the entity that has authorized your use of the App.

You may not: (i) copy, modify, translate, adapt, or create derivative works of the App; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App; (iii) remove, alter, or obscure any proprietary notices; (iv) rent, lease, sell, sublicense, assign, distribute, or otherwise make the App available to any third party; (v) use any automated means to access the App; (vi) use the App for any unlawful, harmful, fraudulent, infringing, defamatory, or offensive purposes; or (vii) use the App in connection with hazardous environments, safety-critical systems, or military applications.

The App is provided under license, not sold. You do not acquire any ownership interest in the App under this Agreement. Exactix Corporation and its licensors own all right, title, and interest in and to the App and its content, features, interfaces, and underlying technology, including all intellectual property rights. No rights are granted to you other than as explicitly set forth in this Agreement.

If the App allows you to submit or upload content, you represent that you have all necessary rights to do so and that your content does not infringe any third-party rights. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and distribute your content solely for the purpose of operating and providing the App. If you provide feedback or suggestions regarding the App, you grant us the right to use them without restriction or compensation to you.

You acknowledge that when you download, install, or use the App, Exactix Corporation may use automatic means to collect information about your mobile device and your use of the App. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You acknowledge that your use of the App may be required or authorized by your employer or the entity with which you are engaged (“Authorizing Entity”). You understand and agree that: (a) the Authorizing Entity may have access to data generated through the App, including usage data, location data (if enabled), and other information; (b) Exactix Corporation may share such data with the Authorizing Entity as necessary to provide the services; (c) your use of the App is subject to any policies established by the Authorizing Entity; and (d) termination of your employment or engagement may result in termination of your access to the App.

Exactix Corporation may from time to time develop and provide App updates, which may include upgrades, bug fixes, patches, and new features. Updates may also modify or delete certain features and functionality. You agree that Exactix Corporation has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. All Updates will be deemed part of the App and subject to the terms of this Agreement.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. EXACTIX CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXACTIX CORPORATION PROVIDES NO WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE OR SECURE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXACTIX CORPORATION OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP. THE FOREGOING LIMITATIONS APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR OTHERWISE.

This Agreement is effective until terminated. You may terminate it at any time by deleting the App and all copies from your devices. Exactix Corporation may suspend or terminate your access to the App at any time and for any reason, including if we believe you have violated this Agreement. Upon termination, the license granted to you will immediately cease and you must stop all use of the App and delete all copies. Sections intended by their nature to survive will survive termination, including ownership provisions, disclaimers, limitations of liability, and governing law.

You agree to indemnify, defend, and hold harmless Exactix Corporation and its officers, directors, employees, agents, affiliates, and service providers from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement.

This Agreement and any dispute arising out of or relating to it or the App will be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of laws principles. The parties agree to the exclusive jurisdiction and venue of the courts located in Cassia County, State of Idaho.

If you downloaded the App from a third-party app store or distribution platform (such as Apple App Store or Google Play), you acknowledge and agree that: this Agreement is between you and Exactix Corporation, not with the App Store; Exactix Corporation, and not the App Store, is solely responsible for the App and the content thereof; and the App Store has no obligation to furnish any maintenance or support services with respect to the App.

If any provision of this Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. You may not assign or transfer this Agreement without our prior written consent. This Agreement, together with the Privacy Policy and any applicable App Store terms, constitutes the entire agreement between you and Exactix Corporation regarding the App.

For licensing questions, contact developer@exactixcorp.com or write to Exactix Corporation, 120 S 100 W, Burley, ID 83318.