Terms of Service
Last Updated: March 18, 2022
The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (also referred to as “Customer” or “User”) and Dynamite LLC (also referred to as “Dynamite”, “we”, or “our”) describe the specifications on which you may access, register, subscribe, and use our website, http://www.appdynamite.com/ (the “Website”) or download the Elevate mobile application (the “App”) on Google Play or the Apple App Store (together the “App Store”) including all information, tools, and Services available to you, conditioned upon your acceptance of all the Terms, conditions, policies, and notices stated herein.
Dynamite provides Users access to daily affirmations and other features and products on the App, which allow Users to understand, integrate, and use the power of affirmations in their daily lives (together referred to as the “Services”). The App is available directly to Users through the App Store. By visiting or accessing the Website, purchasing or downloading the App, and/or utilizing our Services, you agree to be bound by these Terms.
DO NOT USE OUR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE AND/OR APP OR ANY OF ITS CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW. BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE ANY OF OUR SERVICES.
Any new features or tools, which are later added to the Website and/or App, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Dynamite reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes directly to our Website and/or App in our sole discretion. It is your sole responsibility to check this page periodically for changes. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
By downloading the App in the Apple Store, you may be required to input some or all of your Personal Information in order register and receive a free trial as described in Section 6 of these Terms.
By agreeing to these Terms, or by using any of our Services, you represent that you are at least the age of majority in your state or province of residence. Minors may use our Services under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for his or her use of the Services, including all liabilities.
All Users must be in good standing and cannot be an individual that has been previously barred from receiving Dynamite’s Services under the laws of any applicable jurisdiction. You may not use our Services for any illegal or unauthorized purpose, nor may you, in using our Services, violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright laws). You also represent and warrant that you are using the Website and/or App for your own personal use only, and not for resale, export, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree that Dynamite may, without any prior notice, immediately suspend, terminate, discontinue, or limit your use of or access to any of our Services at our sole discretion, for any reason, including but not limited to:
- Any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;
- By way of request from law enforcement or any other governmental agencies;
- The discontinuance, alteration, and/or material modification to our Services, or any part thereof;
- Any engagement by you in any fraudulent or illegal activities; and/or
- The non-payment of any associated fees that may be owed by you in connection with your Customer account. Furthermore, you hereby agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account or access to any of our Services.
Dynamite reserves the right to refuse Services to anyone, for any reason, at any time, at our own discretion. Dynamite also reserves the right, but does not have the obligation, to pre-screen, refuse or delete any content currently available through our Website and/or App. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to Users.
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. It is your responsibility for any act or omission of any third party that accesses your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify us immediately if you notice any unauthorized access, use of your account, or any other breach of security. Dynamite shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
General Conditions Of Use
We grant you a limited, worldwide, revocable, non-sublicensable, non-transferable, and non-exclusive license (“License”) to use our Services for your own private, personal, and non-commercial use, subject to certain rules and limitations as provided herein. The License includes the limited right to use our copyrighted Materials as described in Section 5 during the course of receiving Services.
You may quote, share, post or repost photographs, images, and affirmations provided in our Materials, on our App, or on our social media platforms (including, but not limited to, Facebook, Instagram, Twitter, Pinterest, etc.) on any public forum, social media platform, public blog, or anything of the like; however, in doing so, you acknowledge and agree that you shall accredit Dynamite accordingly using the appropriate names, trademarks, quotes, tags, or handles. Under no circumstances shall you use any Licensed Material as your own, or in any way that may be viewed by the public as your own. Dynamite shall determine in its sole discretion if you are using any Licensed Material in violation of this clause or any of these Terms, and you agree that you may be subject to copyright violations, damages, or other legal proceedings.
By using our Services and accepting these Terms, you acknowledge and agree that you will not use our Services, including the License, any copyrighted Materials, or any part thereof, to create, market, or sell a similar product or service in competition with Dynamite. You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Services, License, Materials, or any portion thereof.
Dynamite reserves the right, but has no obligation, to modify, update, or discontinue its Services, or any content on the Website and/or App (or any part thereof), without notice at any time. Dynamite shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. You agree that it is your responsibility to monitor our Website and/or App for any changes that may occur.
Dynamite shall not be held responsible if information made available on its Website and/or App is not accurate, complete, or current. For clarity, you are relying on any information at your own risk.
You consent to receiving communications from us, including but not limited to, e-mails, text messages, and/or calls regarding your orders, purchases, or updates to our Services, marketing, advertising, and any other relevant information.
As a User, you acknowledge, understand, and agree that all information, text, data, photographs, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, expressed by you is your sole responsibility. Furthermore, you may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:
- Uploading, posting, transmitting, or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, offensive, obscene, libelous, or which is hateful, threatening, or otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred, or profanity;
- Causing harm to minors in any manner whatsoever; and/or
- Impersonating Dynamite, any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
If you are accessing the Services through an Apple Device, please note the License granted to you in these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services.
By using our App, you affirmatively consent that Dynamite may use and share your video and image viewing data with third parties until your consent is withdrawn. Dynamite may track your viewing for its research, analytics, or advertisement serving purposes. It may share such information with:
- “Ad Networks” which are companies that display advertisements to you in the App;
- “Data Analytics Providers” which are companies that collect and analyze the information collected about you; and
- “Social Networks” which are companies that connect individuals around common interests and facilitate sharing (e.g., Facebook).
Wireless And Location-based Features; Social Media Plug-ins
I) Wireless Feature
Our Services may offer certain features that are available to you via your wireless device. These features may include the ability to access our Services, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available, and how much they cost. You should also contact your carrier with any other questions regarding these issues.
II) Terms Of Wireless Features
III) Location-based Features
In addition, where the App collects precise information about the location of your device, it may be used to provide requested location services, and to allow tagging or to check-in.
The App will allow for you to disable the location-based features and manage preferences. You can terminate device location tracking by uninstalling the App. The location-based services offered in connection with our App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
IV) Social Media Plug-ins
Social media plug-ins of social networks such as Facebook, Instagram, Twitter and Google Plus (among others) may be integrated in our Services. Where our Services contain a plug-in to a social network, such plug-in is clearly marked. If you choose to click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network.
Prices And Payments
Dynamite may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for an unmetered number of devices. You agree that all fees charged by Dyanmite for accessing the Services will be automatically charged to your payment account on file with Dynamite, at the time of any automatic renewal of your subscription for Services.
Cancellation & Refunds
You can cancel at any time through Apple. No refunds will be issued by Dynamite. All refund requests should be sent to Apple.
Intellectual property & proprietary rights
As a part of our Services, Dynamite will provide you with copyrighted materials, outlines, concepts, mediations, visualizations, affirmations, spiritual tools, guided workbooks and other relevant information (the “Materials”). By using the Website and/or the App and agreeing to these Terms, you acknowledge and agree that all Materials are protected by copyright, trade secret, or other proprietary and intellectual property laws. User understands and agrees that this Section provides for the protection of the Materials and any other relevant content provided to User and extends beyond federal, state, local or foreign copyright laws or treaties and that by using the Website and/or App. User agrees to be bound by the Terms herein, even where such Terms extend beyond such laws. You are confirming that in the event you attempt to reuse, reproduce, remarket, sell, or create a competitive or derivative product or service for sale from the Materials, or otherwise use the Materials for any similarly unauthorized personal financial gain, you may be subject to legal proceedings.
Dynamite owns, solely and exclusively, all right, title, and interest in and to the Services, and all content, software, code, data, and Materials therein, the look, feel, design and organization of the Website and/or App, and the compilation of the content, code, data, and information on the Website and App, including but not limited to any intellectual property and proprietary rights. Dynamite reserves all rights in and to the Services not granted expressly to you in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to the Services or any of our content except as expressly permitted by these Terms.
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Services and your use of our Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant Dynamite a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, and transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of Your Content. You understand and agree that we may use the public content to develop aggregate ratings, personalize Website views, market products, or identify or feature popular members or Services.
Disclaimer Of Warranties And Limitation Of Liability
YOU REPRESENT THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. ALL SERVICES OFFERED ON THE WEBSITE AND APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL DYNAMITE BE LIABLE TO YOU, THE CUSTOMER, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, RESTITUTION OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER DYNAMITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES.
The limitation of liability set forth above shall: a) only apply to the extent permitted by law; and b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.
Health And Well-Being
You are responsible for your own health and well-being at all times through the duration of receiving the Services. If you have any questions with regard to your ability to participate in any of the Services, you are solely responsible for consulting a doctor or health care professional prior to enrolling in and receiving our Services.
If you have any health or well-being concerns, Dynamite recommends that you consult a healthcare professional.
Consumer protection legislation does not apply to our providing of the Services. All warranties and representations are excluded to the fullest extent permitted by law as stated in Section 9 above.
You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Dynamite or the Services associated therewith.
If a controversy or claim should arise, the Parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.
Dynamite may provide any notice to you under these Terms by: a) sending a message to an e-mail address that you provide; or b) by posting to the Website and/or App. Notices sent by e-mail will be effective on the date the e-mail is sent and notices that are posted on the Website and/or App will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices that are posted.
To provide us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or certified mail. Notice by e-mail shall be effective on the date the e-mail is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent
I) Third Party Content
The Services may contain links, advertisements, and references to other third party service providers (“Third Party Content”). Dynamite is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a third party found on our Website and/or App does not express or imply that Dynamite endorses or accepts any responsibility or liability for the third party, or vice versa.
By using the Services, you agree to indemnify, hold harmless, and defend Dynamite from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third party that is based on your use of the Services.
IV) Governing Law And Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Failure by Dynamite to enforce any right or provision of these Terms will not constitute as a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Dynamite.
VII) Force Majeure
Dynamite will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
VIII) Notice To California Users
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Terms Applicable For Apple Ios
If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
- To the extent that you are accessing our services through an Apple Device, you acknowledge that these Terms are entered into between you and Dynamite and that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below
- The License granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services
- You acknowledge that Dynamite, and not Apple, is responsible for providing our services and any content therein
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our services
- To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our services.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Dynamite, Dynamite and not Apple is responsible for addressing any claims you may have relating to our services, or your possession and use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in Section 9 above, Dynamite’s liability to you for use of our Services is greatly limited.
- Further, you agree that if our services, or your possession and use of our services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, 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 thereof.
- When using our services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Services.
If you have any questions, please feel free to contact Dynamite directly at:
Mailing Address: N/A