Effective date: October 26, 2026
Last updated: October 26, 2026
PLEASE READ THESE TERMS CAREFULLY. SECTION 19 REQUIRES BINDING INDIVIDUAL ARBITRATION AND EXPLAINS HOW TO OPT OUT; SECTION 20 WAIVES JURY TRIALS AND CLASS ACTIONS IN ANY FORUM; SECTIONS 5 AND 16 REQUIRE YOU TO ASSUME THE RISKS OF HUNTING, OUTDOOR, AND HABITAT ACTIVITIES AND TO RELEASE CLAIMS, INCLUDING CLAIMS BASED ON OUR NEGLIGENCE; SECTIONS 14 AND 15 DISCLAIM WARRANTIES AND LIMIT OUR LIABILITY; SECTIONS 1.2 AND 17 REQUIRE YOU TO INDEMNIFY US, INCLUDING FOR CLAIMS BY A MINOR YOU LET USE THE APP; AND SECTION 21 REQUIRES CLAIMS TO BE BROUGHT WITHIN ONE YEAR.
These Terms of Use ("Terms") are a binding agreement between you and DECO Technology LLC, a Florida limited liability company ("DECO Technology," "we," "us," or "our"), governing your use of the DECOHunt mobile application (the "app"), the DECOHunt pages on our website, and all related features, content, and services (together, the "Service"). "DECO Parties" means DECO Technology LLC and its members, managers, officers, employees, contractors, agents, licensors, and service providers, and their successors and assigns. You accept these Terms by checking the box and tapping Agree and Continue in the app, by tapping a sign-in button presented with a statement that doing so means you agree to these Terms, or by accepting updated Terms as described in Section 23. If you do not agree, do not use the Service.
Our Privacy Policy explains how we collect, use, and disclose information, including sending AI Requests to our service providers after you grant permission in the app. The Privacy Policy describes our practices; it does not create contractual obligations or warranties, and disputes about it are governed by these Terms.
1. Eligibility
- You must be at least 18 years old, and have reached the age of majority where you live if that is older, to accept these Terms, create an account, or use the Service except as permitted by Section 1.2.
- Minors. No one under 18 may accept these Terms, create an account, or use the Service on their own. If you let a minor in your care see or use the Service on your device and, if you have an account, signed in to your account, you remain the user: you are responsible for supervising the minor and all of the minor's hunting, outdoor, and habitat activities (including any adult supervision required by law for youth hunters), and Sections 5 and 14 through 21 apply to your own claims, including claims for the minor's medical expenses and loss of services. Separately, and to the fullest extent permitted by law, you will defend (at our option), indemnify, and hold harmless the DECO Parties, on the terms and with the exceptions in Section 17, from any claim brought by or on behalf of the minor arising from that use or any related activity in connection with the Service, including claims alleging negligence of a DECO Party and claims based on strict liability, product liability (including design defect, manufacturing defect, and failure to warn), breach of warranty, or misrepresentation.
- You represent and warrant that you meet these requirements and are not barred from using the Service under applicable law.
2. Your account
You need an account to use the AI assistant. You are responsible for the accuracy of your account information, for keeping your device and email account secure, and for all activity under your account. Notify us immediately at cmoraski@deco.technology of any unauthorized use. We may suspend or refuse sign-in to protect you, the Service, or others.
3. The Service
DECOHunt provides mapping tools, a deer-movement and weather forecast ("DecoCast"), and an artificial-intelligence assistant that generates hunting plans, stand suggestions, habitat ideas, answers, and other output ("AI Output"). The Service, including AI Output, forecasts, ratings, wind assessments, maps, imagery, property lines, distance and setback indicators, and educational content, is provided for general informational purposes only, as one input to your own planning and judgment. The Service is provided as a service and a software license, not a sale of goods.
"Map Content" means property lines, outlines, stands, blinds, routes, sightings, trail camera locations, tracks, notes, and other marks or data you create in the Service. An "AI Request" is any question or request you send to the AI assistant, together with the information the Service sends with it as described in the Privacy Policy.
Shared maps, check-ins, and live location. You can share a map with other users (your "hunting party") and give each a role. Everyone in the party sees that map and the marks on it (except marks set to "Only me"), the name and initials you choose, and your check-ins when you start a sit; during a sit you choose to share, they also see where your device is. The map's owner decides who is in the party and their roles, and can remove anyone. When you leave or are removed, the marks you added stay on the map. The stand board shows who has checked into a stand; it does not reserve the stand, tell you who is actually in the woods, or keep anyone safe.
Safety check. If you set an "out by" time for a sit, the Service may ask you if you're out, then alert your party, then email the emergency contact you named, as described in the Privacy Policy, and SOS alerts them at once. The safety check and live location are conveniences, not an emergency or monitoring service. They depend on your device, its battery and settings, cell signal, our servers, and Apple's and our email providers' services, and they can be late or fail without warning. No one at DECO Technology watches them or contacts anyone for you, and we do not contact emergency services. Your party and contact decide for themselves whether and how to respond.
We may change, add, suspend, or discontinue any part of the Service at any time, subject to Section 8.1 for paid plans.
4. AI Output
You understand and agree that:
- AI Output is generated automatically by third-party AI models from the information available to them. It may be wrong, incomplete, outdated, unsafe, inconsistent, or inappropriate for your land, your situation, the law where you are, or the conditions at the time, even when it sounds confident or cites sources.
- AI Output is not professional, legal, safety, surveying, forestry, wildlife-management, agricultural, firearms, or engineering advice, and is not a substitute for your own judgment, local knowledge, official regulations, or a qualified professional.
- AI Output is generated by third-party models in response to instructions and data that we and you provide. No person reviews AI Output before you see it. Our software may automatically add measurements or flags to AI Output (for example, approximate distances to mapped buildings, roads, or your property line). These automated checks use only the map data available, are not a review of AI Output for accuracy, legality, or safety, and do not make us responsible for it. We cannot ensure the accuracy of AI Output or of these checks.
- You are solely responsible for deciding whether and how to act on AI Output, and for verifying it independently before relying on it, including verifying property boundaries, legal setbacks, hunting regulations, landowner permission, and safety.
- AI Output may resemble output generated for other users. As between you and us, you may use AI Output for your personal, non-commercial purposes, subject to these Terms; we make no representation that AI Output is protectable or unique.
5. Hunting, outdoor activity, and habitat work: assumption of risk
Hunting, firearms and archery, tree stands and saddles, walking in the dark, cold and severe weather, rough terrain, water, wildlife, chainsaws, hinge-cutting, tree felling, planting, chemicals, prescribed burning, and other activities the Service may discuss are inherently dangerous and can cause serious injury, death, and property damage.
You acknowledge and agree that:
- You voluntarily assume all risks of any activity you undertake in connection with the Service, whether or not suggested by the Service or AI Output, including risks that are unknown or unforeseeable.
- You are solely responsible for your safety and the safety of others, including using a full-body safety harness and lifeline in any elevated stand, identifying your target and what lies beyond it, following firearm and archery safety rules, and using proper protective equipment and training for any equipment or habitat work.
- You are solely responsible for knowing and complying with all applicable laws and regulations, including licensing, seasons, bag limits, legal hours, weapon restrictions, baiting rules, setback and discharge-distance laws, trespass laws, land-use and environmental permits, burn permits, and the rules of any landowner or lease.
- You must obtain any required landowner permission before entering land, hunting, placing stands, cameras, or plots, or modifying habitat. Property lines, parcel outlines, setbacks, and distances shown or computed in the Service are approximate, may be wrong, and are not a survey. Never rely on the Service to determine where you are legally allowed to be or to shoot.
- Forecasts, legal-light times, sunrise and sunset times, weather, wind, and movement predictions are estimates and may be wrong. Always confirm official legal hours and conditions yourself.
- Navigation, tracking, and recovery features may be inaccurate or unavailable (for example, without a GPS fix, signal, or battery). Do not rely on the Service for navigation or your safety. Carry appropriate navigation and safety equipment and tell someone where you will be.
- Tree stands, saddles, and climbing. The Service never sees, inspects, or evaluates any tree, limb, stand, saddle, platform, tether, rope, lineman's belt, or anchor point. A suggested stand or saddle location concerns only general position relative to deer movement, terrain, and wind, not whether any tree or setup is safe. You alone decide whether a tree and your equipment are safe; follow the manufacturer's instructions and accepted tree-stand safety practices, including staying connected to the tree with a full-body harness from the moment you leave the ground until you return to it.
- Firearms and archery. The Service does not identify targets, backstops, people, dwellings, buildings, roads, livestock, or other hazards. Distance and setback indicators are approximate estimates from map data that may omit or misplace structures, roads, and occupied buildings. The absence of an indicator never means a location is lawful or safe for discharging any weapon. Setback indicators consider only mapped buildings and roads; they do not account for schools, playgrounds, churches, occupied buildings, or other protected places missing from map data, and the distances used may not match the law where you hunt.
- Land, boundaries, and permission. The Service does not verify ownership, boundaries, easements, leases, posting, or permission and may display land you have no right to enter. No line, parcel, route, or AI suggestion is permission or evidence of a right to be anywhere.
- Habitat work, chemicals, and fire. Habitat suggestions (including hinge-cutting, felling, clearing, planting, food plots, herbicide, pesticide, or fertilizer use, and burning) are general ideas, not plans for your site. Do not operate a chainsaw, fell or hinge-cut trees, or conduct any burn unless you are trained, properly equipped, and have every required permit. Follow product labels, not AI Output, for any chemical. Check burn bans and wetland, timber-harvest, and protected-species rules.
- Wildlife laws. Laws on baiting, feeding, mineral sites, trail cameras, electronic devices, drones, lights, tracking dogs, and recovery of wounded game differ by place and change often. AI Output may suggest something illegal where you hunt; confirm legality before acting.
- Others. If you share AI Output, routes, or plans with anyone, including hunting companions or minors in your care, you are responsible for giving them these warnings and for their supervision.
- Emergencies. The Service, including the safety check, SOS, and live location, is not an emergency or safety service and cannot summon help. An alert or email may arrive late or not at all, and your party or emergency contact may not see it or act on it. Always tell someone where you'll be and when you'll be back by means you trust, carry a charged phone and a light, and in an emergency, call 911.
- No special relationship; no reliance. Your use of the Service creates no professional, fiduciary, advisory, or other special relationship with any DECO Party. You agree that you are not relying, and will not rely, on any statement by the Service, AI Output, or any DECO Party about property boundaries, setback or discharge distances, legal hunting hours, the legality of any activity, weather or forecast accuracy, tree or equipment safety, or navigation, and that no such statement induced you to use the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, ESTATE, AND ASSIGNS, AND ANYONE CLAIMING THROUGH YOU, RELEASE, WAIVE, AND DISCHARGE THE DECO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, AND DAMAGES OF ANY KIND, INCLUDING FOR PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON THE SERVICE OR AI OUTPUT, OR ANY HUNTING, OUTDOOR, OR HABITAT ACTIVITY YOU UNDERTAKE IN CONNECTION WITH THE SERVICE, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF ANY DECO PARTY OR BASED ON STRICT LIABILITY, PRODUCT LIABILITY (INCLUDING DESIGN DEFECT, MANUFACTURING DEFECT, AND FAILURE TO WARN), BREACH OF WARRANTY, OR MISREPRESENTATION. THIS RELEASE DOES NOT APPLY TO A DECO PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, OR TO ANY LIABILITY THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.
6. Your content
You retain ownership of the Map Content, questions, notes, and other content you create or submit ("Your Content"). You grant DECO Technology and its service providers a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display Your Content solely to operate, secure, and provide the Service to you and as described in the Privacy Policy. You represent that you have all rights necessary to submit Your Content and that it does not violate any law or anyone's rights. You are responsible for backing up Your Content. Map Content and saved answers are stored on your device; if you're signed in, the app also backs them up to your account as described in the Privacy Policy, but we don't guarantee that backup, and content on a device that isn't backed up may be lost if you delete the app, change devices, or the device fails. You can export Your Content at any time in Settings. Content you add to a shared map is shown to everyone in that map's party, and stays on the map, under the owner's control, after you leave or are removed; the owner and admins can change or delete it. You can keep a mark to yourself with "Only me."
7. Acceptable use
You agree not to: (a) use the Service in violation of any law or regulation, including hunting, wildlife, trespass, or privacy laws; (b) use the Service to plan or facilitate poaching, trespass, harassment of wildlife or people, or any unsafe activity; (c) attempt to access the Service other than through our app and documented interfaces, or interfere with, overload, probe, reverse engineer, or circumvent security, allowances, or rate limits; (d) use automated means to access the Service or extract data or AI Output at scale; (e) resell, sublicense, or commercially exploit the Service or AI Output without our written permission; (f) submit content that infringes others' rights or contains malware; (g) use the Service to develop a competing product or to train AI models; (h) misrepresent your identity or eligibility; (i) invite anyone to a shared map, share their information, or name anyone as an emergency contact without their permission; (j) use shared maps, check-ins, or live location to track, stalk, harass, or intimidate anyone; or (k) send a false SOS or otherwise misuse the safety check.
8. Plans, allowances, access codes, and purchases
- Tiers and allowances. The Service may offer free and paid tiers with monthly allowances for AI Requests and other features, which we may set, change, or enforce, including through fair-use limits, rate limits, and cost ceilings. Unused allowances do not carry over and have no cash value. For paid subscriptions, we will not materially reduce the features or allowances of your plan during a paid billing period, except temporarily for security, abuse prevention, outages, legal compliance, or third-party provider requirements; other changes take effect at your next renewal after notice.
- Access codes. Access codes (such as friends-and-family or tester codes) are a revocable courtesy, have no cash value, are non-transferable unless we say otherwise, and may be limited, changed, or revoked at any time.
- Purchases. Any in-app purchases or subscriptions are sold through Apple's App Store, billed by Apple, and subject to Apple's terms, including its terms for renewal, cancellation, and refunds. By subscribing, you authorize recurring charges through Apple at the then-current price until you cancel. You can cancel anytime in your Apple Account settings; cancellation takes effect at the end of the current billing period. We do not process payments and cannot issue refunds directly. Changes to a subscription price take effect at your next renewal after notice as required by Apple and applicable law.
- Availability. Paid features may be unavailable at times due to maintenance, outages, third-party service failures, or connectivity, and such unavailability does not entitle you to a refund except as required by law or Apple's policies.
9. Third-party services and content
The Service relies on and may link to third-party services and data, including AI model providers, map and imagery providers, weather providers, Apple, and sign-in providers. We do not control and are not responsible for third-party services, content, data accuracy, availability, or practices, and your use of them may be subject to their terms. Map data, imagery, and weather data may be inaccurate, incomplete, or outdated. Map data © Mapbox and © OpenStreetMap contributors; weather data by Open-Meteo.com (CC BY 4.0).
10. Intellectual property
The Service, including its software, design, text, graphics, logos, forecasts, models, and compilation of content (excluding Your Content), is owned by DECO Technology or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app on Apple-branded devices you own or control, for your personal, non-commercial use. This license ends when these Terms or your access ends. All rights not expressly granted are reserved. "DECOHunt," "DecoCast," "DECO Technology," and related marks are our trademarks.
11. Feedback
If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you.
12. Privacy and data
Our Privacy Policy describes how we handle information. We take reasonable measures to protect information, but no system is completely secure, and we do not guarantee that information you provide or Map Content will not be lost, accessed, disclosed, altered, or destroyed. Information you include in an AI Request is processed by our AI model provider under our agreement with it. Do not include information in the Service that you are not comfortable sending to our service providers.
13. Termination
You may stop using the Service at any time and may delete your account in the app. We may suspend or terminate your access, with or without notice, for any reason, including if we believe you violated these Terms, created risk or possible legal exposure, or if we discontinue the Service. The following survive termination: Sections 1.2 and 1.3, 2 (as to activity before termination), 3 (first two paragraphs), 4, 5, 6 (last two sentences), 7, 8, 9, 10 (except the license grant, which ends on termination), 11, 12, this Section 13, 14 through 26, and any other provision that by its nature should survive.
14. Disclaimer of warranties
THE SERVICE, AI OUTPUT, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DECO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE OR AI OUTPUT WILL BE ACCURATE, RELIABLE, SAFE, LAWFUL, COMPLETE, TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FORECAST, PLAN, OR SUGGESTION WILL PRODUCE ANY RESULT, INCLUDING ANY HUNTING SUCCESS. If applicable law does not allow the exclusion of a warranty, that warranty is limited to the shortest period and narrowest scope the law allows.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- IN NO EVENT WILL THE DECO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA (INCLUDING MAP CONTENT AND SAVED ANSWERS), GOODWILL, OR USE, ARISING FROM OR RELATED TO THE SERVICE, AI OUTPUT, ANY ACTIVITY YOU UNDERTAKE IN CONNECTION WITH THE SERVICE, OR THESE TERMS, whether based on contract, tort (including negligence), strict liability, product liability, or any other theory, even if advised of the possibility of such damages.
- NO DECO PARTY WILL BE LIABLE FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM ANY HUNTING, OUTDOOR, OR HABITAT ACTIVITY UNDERTAKEN IN CONNECTION WITH THE SERVICE, OR FROM ANY ACT OR OMISSION OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THE SERVICE, EVEN IF THE ACTIVITY WAS SUGGESTED BY THE SERVICE OR AI OUTPUT, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF ANY DECO PARTY OR BASED ON STRICT LIABILITY, PRODUCT LIABILITY (INCLUDING DESIGN DEFECT, MANUFACTURING DEFECT, AND FAILURE TO WARN), BREACH OF WARRANTY, OR MISREPRESENTATION.
- THE DECO PARTIES' TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE (INCLUDING THROUGH APPLE) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50). THIS LIMIT APPLIES IN THE AGGREGATE TO ALL DECO PARTIES TOGETHER AND TO ALL CLAIMS OF EVERY KIND.
- These limits apply even if a remedy fails of its essential purpose, and they reflect an allocation of risk that is an essential basis of the bargain between you and us.
- Exceptions. Sections 5, 15, and 16 do not limit liability for a DECO Party's gross negligence, willful misconduct, or fraud, or any other liability that cannot be limited or excluded under applicable law. If any limitation, exclusion, release, or waiver in these Terms is held unenforceable in part, it will be enforced to the maximum extent permitted.
16. Release
To the fullest extent permitted by law, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, estate, and assigns, and anyone claiming through you, release the DECO Parties from all claims, demands, and damages, known and unknown, including claims arising from the negligence of any DECO Party or based on strict liability, product liability (including design defect, manufacturing defect, and failure to warn), breach of warranty, or misrepresentation, arising from or related to your use of the Service, AI Output, or Your Content, any activity you undertake in connection with the Service, and any dispute with a third party relating to the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction. This release does not apply to a DECO Party's gross negligence, willful misconduct, or fraud, or to any liability that cannot be released under applicable law.
17. Indemnification
You will defend (at our option), indemnify, and hold harmless the DECO Parties from and against all third-party claims and all resulting damages, losses, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service or AI Output; (b) any hunting, outdoor, or habitat activity that you or anyone acting with you undertakes in connection with the Service; (c) Your Content; (d) your violation of these Terms or any law; or (e) your violation of any third party's rights, including landowners. This obligation applies even if the claim alleges negligence of a DECO Party or is based on strict liability, product liability (including design defect, manufacturing defect, and failure to warn), breach of warranty, or misrepresentation, but not to the extent the claim is finally determined to have resulted from a DECO Party's gross negligence, willful misconduct, or fraud. If we assume the defense, you will cooperate, and you may not settle any matter without our written consent.
18. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 19. Except for claims in small claims court (which may be brought in the small claims court for the county where you reside or in Onondaga County, New York) and claims subject to arbitration, the state courts located in Onondaga County, New York, and the United States District Court for the Northern District of New York have exclusive jurisdiction, and you consent to their personal jurisdiction and venue.
19. Dispute resolution: binding individual arbitration
- Informal resolution first. Before starting arbitration or a court action (other than in small claims court), the claimant must send a written Notice of Dispute that includes the claimant's name, the email address associated with the claimant's account (or, if the claimant has no account, an email address and mailing address where the claimant can be reached), a description of the claim, and the specific relief sought, personally signed by the claimant (and by counsel, if represented). Notices to us go to cmoraski@deco.technology and to the mailing address in Section 26; notices to you go to your account email or, if you have no account, to the contact information in your Notice. For 45 days after receipt, the parties will try in good faith to resolve the dispute, including through an individual telephone or video conference that the claimant attends personally if either party requests one. All limitation periods are tolled from receipt of a complete Notice until the end of this period. Compliance is a condition precedent to filing. If a limitation period would otherwise expire before or during this period, the claimant may file to preserve the claim, and the proceeding will be stayed until this period ends.
- Agreement to arbitrate. Except as provided in Section 19.3, any dispute, claim, or controversy between you and any DECO Party arising from or relating to the Service, AI Output, these Terms, the Privacy Policy, your information, our marketing, or any activity connected to the Service, including claims that arose before you accepted these Terms, claims for personal injury, and claims asserted by or through your heirs, estate, or personal representatives, will be resolved by final and binding individual arbitration, and not in court. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator, and may be conducted by video or written submissions where the rules permit. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on a substitute nationally recognized provider or, failing agreement within 30 days, a court will appoint one under 9 U.S.C. § 5; the substitute will apply the AAA Consumer Arbitration Rules to the extent practicable. Payment of fees will be governed by the AAA rules. The arbitrator may award relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.
- Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or prevent unauthorized use of the Service.
- Who decides. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or scope of this arbitration agreement, except that a court will decide (a) whether an agreement to arbitrate was formed, (b) the enforceability of Section 20, Section 19.5, and Section 19.6, and (c) whether a claim qualifies for small claims court.
- Mass filings. If 25 or more substantially similar demands are filed against any DECO Party by or with the assistance of the same or coordinated counsel or entities within 180 days, the AAA Mass Arbitration Supplementary Rules apply, and: (a) the claimants' counsel and we will each select 5 demands to proceed first as individual arbitrations, and the administrator will hold the remaining demands in abeyance, to the extent the administrator's rules permit with no further fees assessed on held demands, until those 10 are resolved; (b) the parties will then mediate the remaining demands for at least 60 days, with us paying the mediator's fees; (c) any demands not resolved will be administered in batches of up to 100 per arbitrator, with each claimant's claim decided individually; (d) all limitation periods for each claimant are tolled from receipt of that claimant's Notice of Dispute until the claimant's demand may proceed; and (e) a court may enforce this Section.
- Public injunctive relief. If a claim seeks public injunctive relief and a court determines, after all appeals, that applicable law does not permit that relief to be waived, that request for relief alone will be severed, stayed until the individual claims are finally arbitrated, and then decided by a court in the venue set by Section 18.
- Opt out. You may opt out of the agreement to arbitrate in Section 19.2 by sending, within 30 days after you first accept any version of these Terms that contains this Section 19, an email to cmoraski@deco.technology (from your account email, if you have an account) or a letter to the mailing address in Section 26, stating your name, your account email (or, if you have no account, your email address and the Install ID shown in the app under Maps → Account), and that you opt out of arbitration. Opt-outs must be sent individually; opt-outs sent by a third party or on behalf of multiple users are invalid. Opting out does not affect Section 20, Section 21, or any other part of these Terms, and does not revoke any earlier agreement to arbitrate.
- Changes. If we change this Section 19, the change will not apply to a dispute that was the subject of a Notice of Dispute or pending proceeding, or of which we had actual knowledge, before the change took effect. If we make a material change to this Section 19, you may reject it by emailing cmoraski@deco.technology within 30 days after it takes effect, and the most recent version you accepted will continue to apply.
20. Waivers that apply in any forum
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE EACH (A) WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS; AND (B) AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, IN COURT OR IN ARBITRATION. IN NO EVENT MAY ANY CLAIM PROCEED AS A CLASS ARBITRATION. Administering demands in batches or in bellwether order under Section 19.5, with each claimant's claim decided individually, is not a class, collective, consolidated, or representative proceeding. This Section applies whether or not you opt out of arbitration. If the class, collective, consolidated, or representative-proceeding waiver in clause (B) is found unenforceable as to a claim, that claim alone must be severed and decided in court under Section 18, and all other claims will be arbitrated. If the jury-trial waiver in clause (A) is found unenforceable, that finding affects only proceedings in court and does not affect Section 19 or clause (B).
21. Time to bring claims
To the fullest extent permitted by law, any claim arising from or relating to the Service or these Terms must be filed within one (1) year after the later of (a) the date the claim accrues or (b) the date the claimant knew or reasonably should have known of the facts giving rise to it, or it is permanently barred. This period is tolled as provided in Sections 19.1 and 19.5. If applicable law does not permit a one-year period for a claim, that claim must be brought within the shortest period the law allows. This Section applies whether or not you opt out of arbitration.
22. Apple App Store and TestFlight terms
If you obtained the app through Apple's App Store or TestFlight, the following also applies. As between you and Apple, this Section controls over anything to the contrary in these Terms. Nothing in this Section expands DECO Technology's obligations or liability to you or limits Sections 1, 5, or 14 through 21.
- Acknowledgement. These Terms are concluded between you and DECO Technology only, and not with Apple Inc. ("Apple"). DECO Technology, not Apple, is solely responsible for the app and its content. These Terms do not provide usage rules for the app that conflict with the Apple Media Services Terms and Conditions as of the effective date of these Terms.
- Scope of license. Your license to the app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. Family Sharing does not permit anyone under 18 to use the app on their own account or device; Section 1 applies to every user.
- Maintenance and support. DECO Technology is solely responsible for providing any maintenance and support services for the app as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
- Warranty. DECO Technology is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be DECO Technology's sole responsibility, subject to the disclaimers and limitations in these Terms.
- Product claims. DECO Technology, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit DECO Technology's liability to you beyond what is permitted by applicable law.
- Intellectual property. In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, DECO Technology, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Developer name and address. Direct questions, complaints, or claims about the app to DECO Technology LLC at the address, phone number, and email in Section 26.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
- Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
If Apple's Standard Licensed Application End User License Agreement also applies to the app, these Terms supplement it and control to the extent of any conflict, to the extent permitted.
23. Changes to these Terms
We may modify these Terms. We will post the updated Terms with a new "Last updated" date. For material changes, we will notify you in the app or by email at least 30 days before they take effect (unless a shorter period is needed for legal, security, or safety reasons) and may require you to accept the updated Terms to keep using the Service. A material change to Section 1.2, Section 5, Sections 14 through 21, or Section 25.12 applies to you only after you accept it in the app; until then, the version you last accepted continues to apply, and after the notice period we may limit access until you accept or decline. Changes do not apply to disputes arising before they take effect, and changes to Section 19 are governed by Section 19.8. If you do not agree, stop using the Service and delete your account. For all other changes, continued use after notice and the effective date constitutes acceptance.
24. Beta and TestFlight
Builds distributed through TestFlight and features labeled beta or preview are provided for evaluation, may contain errors, may reset or delete data, and may change or be withdrawn at any time. All of these Terms, including Sections 5 and 14 through 21, apply to them. Please keep information about unreleased features confidential.
25. General
- Entire agreement. These Terms and any terms presented to you for specific features are the entire agreement between you and us about the Service and supersede prior agreements. The summary shown when you accept these Terms is for convenience only; these Terms control over it. Section 19.8 governs which version of Section 19 applies, and accepting these Terms does not revoke any earlier agreement to arbitrate.
- Electronic communications and signatures. You consent to receive agreements, notices, and other communications electronically by email or in the app, and agree they satisfy any requirement that they be in writing. Your electronic acceptance of these Terms is your signature under the federal E-SIGN Act and New York's Electronic Signatures and Records Act (N.Y. State Technology Law §§ 301–309) and makes these Terms a written agreement for all purposes, including CPLR 201 and the Federal Arbitration Act.
- Third-party beneficiaries. The DECO Parties are intended third-party beneficiaries of Sections 1.2, 4, 5, 14 through 21, and 25.12, and may enforce those Sections directly. Except for the DECO Parties and Apple (Section 22), there are no third-party beneficiaries of these Terms.
- Severability and waiver. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full effect. Our failure to enforce a provision is not a waiver.
- Assignment. You may not assign these Terms without our consent; we may assign them without restriction.
- Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages of third-party services.
- Notices. Notices to you may be sent to your account email or shown in the app; notices to us must be sent to cmoraski@deco.technology, and for a Notice of Dispute also to the mailing address in Section 26.
- Export. You may not use, export, or re-export the app except as authorized by U.S. law, including the Export Administration Regulations and OFAC sanctions.
- U.S. Government users. The app is "commercial computer software" and "commercial computer software documentation" (48 C.F.R. 2.101), licensed to Government end users only with the rights granted to all users under these Terms (48 C.F.R. 12.212; 48 C.F.R. 227.7202).
- Interpretation; language. These Terms will be interpreted according to their plain meaning and not construed against either party as drafter. Headings are for convenience only. "Including" means "including without limitation." The English version controls.
- Relationship. No agency, partnership, joint venture, employment, or other special relationship is created by these Terms.
- Binding effect. These Terms bind you and your heirs, executors, administrators, personal representatives, estate, successors, and permitted assigns, and anyone asserting a claim derived from yours, including wrongful-death, survival, and loss-of-services or consortium claims, to the fullest extent permitted by law.
26. Contact
DECO Technology LLC 1745 NW 165th Ct Rd Dunnellon, FL 34432 Phone: (845) 664-1177 Email: cmoraski@deco.technology