Last Updated: March 21, 2023

These Terms of Service ("Terms") carefully, as they constitute a legally binding agreement between you ("User" or "you") and DYSTRYCT, Inc. ("DYSTRYCT," "we," "us," or "our"). By accessing or using the DYSTRYCT website, mobile application, or any other service provided by DYSTRYCT (collectively, the "Services"), you agree to be bound by these Terms.

1. Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age, or the age of majority in your jurisdiction, and have the legal capacity to enter into this agreement. If you are under 18 or the age of majority, you may use the Services only with the involvement and consent of a parent or legal guardian.

2. User Accounts

To access certain features of the Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify DYSTRYCT immediately of any unauthorized use of your account or any other breach of security. We reserve the right to terminate your account at any time for any reason, including a violation of these Terms.

3. Intellectual Property

All content and materials available on the Services, including but not limited to text, graphics, logos, images, and software (collectively, the "Content"), are the property of DYSTRYCT or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, transmit, or create derivative works of any Content without the express written consent of DYSTRYCT or the appropriate owner.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

a. Using the Services for any unlawful purpose or in violation of any applicable laws or regulations.
b. Attempting to interfere with, disrupt, or compromise the integrity or security of the Services.
c. Harvesting or collecting personal information about other users without their consent.
d. Submitting false or misleading information to the Services, including fake or fraudulent orders.
e. Using the Services to send unsolicited communications or spam.

5. Third-Party Content

The Services may contain links to third-party websites, products, or services. DYSTRYCT is not responsible for the content, accuracy, or opinions expressed on such third-party websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by DYSTRYCT. Inclusion of any linked website does not imply approval or endorsement of the linked website by DYSTRYCT.

6. Disclaimers and Limitation of Liability

The Services and Content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. DYSTRYCT does not warrant that the Services will be uninterrupted, error-free, or completely secure.

To the fullest extent permitted by law, in no event shall DYSTRYCT, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the Services; (b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.

In no event shall DYSTRYCT's aggregate liability for all claims relating to the Services exceed the amount you paid to DYSTRYCT, if any, for accessing or using the Services during the twelve (12) month period preceding the date of the event giving rise to the claim.

7. Indemnification

You agree to indemnify, defend, and hold harmless DYSTRYCT, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

8. Modifications to the Services and Terms

DYSTRYCT reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that DYSTRYCT shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. DYSTRYCT may also revise these Terms at any time, and your continued use of the Services constitutes your acceptance of such revised Terms. We encourage you to review these Terms periodically to stay informed of any changes.

9. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of law principles.

Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), to be held in the jurisdiction where the Services are provided, or in another mutually agreed upon location. The arbitration shall be conducted by a single arbitrator, selected in accordance with the AAA rules, and the decision of the arbitrator shall be final and binding on both parties. Each party shall be responsible for its own costs and expenses (including attorneys' fees) incurred in connection with any arbitration proceeding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction.

10. Termination

DYSTRYCT may terminate or suspend your access to the Services at any time, with or without cause or notice, including but not limited to a breach of these Terms. Upon termination, your right to use the Services will immediately cease. Sections 3, 6, 7, 9, and any other provisions that by their nature should survive termination shall survive termination of these Terms.

11. Miscellaneous

These Terms, along with our Privacy Policy, constitute the entire agreement between you and DYSTRYCT concerning the Services and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and DYSTRYCT with respect to the Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deemed severable and the remaining provisions shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DYSTRYCT's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12. Feedback and Suggestions

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at hello@dystryct.com or through other means of communication provided by DYSTRYCT. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, modify, publish, distribute, and otherwise exploit your Feedback for any purpose, without any compensation to you or any restrictions or obligations on our part.

13. Notices

All notices or other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail (postage prepaid, return receipt requested), or sent by email to the addresses specified in your account or as otherwise provided by you. Notices to DYSTRYCT should be emailed to hello@dystryct.com.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms, to the extent that such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes ("Force Majeure Event"). The affected party shall promptly notify the other party of the existence and nature of the Force Majeure Event and shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance under these Terms.

15. International Users

The Services are controlled and operated by DYSTRYCT from its offices in the United States. We make no representation that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

By accessing or using the Services from a country outside the United States, you agree to comply with all applicable laws, rules, and regulations, including without limitation, export and import regulations, and to indemnify DYSTRYCT against any liability, damages, or expenses that may arise from your non-compliance. DYSTRYCT reserves the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

16. Questions and Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at 

DYSTRYCT, Inc.
209 West 29th Street, Suite #6275
New York, New York, 10001
USA

Email: hello@dystryct.com 

Thank you for using DYSTRYCT!