‘DT IGNITE’ APP INSTALLER - TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICE.
The following Terms of Service (“Terms”) set out a legally binding agreement between you and Digital Turbine USA Inc. (Registration Number 5089931) (“DT”, “us”, “our” or “we”) with address at 110 San Antonio Street, Austin, Texas 78701, regarding your use of our mobile application installer.
Description of the Service: Our mobile application installer software enables the download and installation of third-party mobile applications through certain features or mobile properties, such as app recommendation wizards, notifications and advertisements.
You may use the Service only if you accept the provisions contained in these Terms. By using our Service, you acknowledge and agree that you have read and understood these Terms and accept them.
YOU MAY NOT ACCESS OR USE THE SERVICE IF YOU DO NOT ACCEPT THESE TERMS. Please tap ‘Skip’ or ‘Decline’ or refrain from tapping ‘Next,’ ‘Continue,’ or ‘Install,’ and discontinue using the Service.
These Terms also govern any software upgrades and/or updates provided with such upgrade and/or supplement to the Service, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
If you have a limited data plan, using our Service may incur additional charges to your phone if you are not connected to Wi-Fi.
1. The Service
Mobile applications you download and install onto your device via the Service (each, an “App”) are provided by third parties, in some instances in exchange for payments we receive from the App developers. If you are not interested in downloading and installing any or all of Apps, please refrain from initiating an App install, choosing any App from an app recommendation wizard list, or uncheck respective box(s) if those are pre-checked, and clear or exit the current experience. You may exit the app recommendation screen anytime by clicking ‘Skip’ or ‘Exit or the ’X’ symbol.’
Pre-Selected Apps. The Service may include certain preselected recommended Apps. You may learn more about these Apps by clicking on them. To install these Apps, click “Install.” If you do not want to install these applications, deselect them before clicking Install. You can uninstall these applications at any time (see guidance below).
Removing Installed Apps. You may uninstall an App that was installed through the Services. To remove an App, go to the device Settings-->Apps or Application Manager. Then tap the App you want to uninstall (you may need to swipe right or left to find the App). Then tap ‘Uninstall’. You may disable the Service Notifications through the default settings of your device's operating system or opt out of the Service Notifications(as available).
Disabling Notifications. You can disable notifications anytime by accessing the App Notification settings and choosing to disable them or long-press on a notification when received. Then, press the settings icon, which will redirect you to the App notifications settings screen.
2. License to Use
Subject to your compliance with these Terms, DT hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable right to use the executable form of the Service solely for your personal use. Reserves all rights in the software and Service not expressly granted to you in these Terms.
For any Apps that may be downloaded and installed onto your device by use of the Service, you acknowledge and agree that your use of such Apps shall be subject to their respective terms of use and privacy policy. We encourage you to review such terms of use and privacy policy. You acknowledge that we have no control over and assume no responsibility for Apps. You assume all responsibility and risk in connection with your use of Apps and we hereby disclaim any and all liability to you or any third party in connection thereto.
You may disable the software or turn it off using the standard procedures offered by the device operating system.
3. Restrictions
You agree not to disassemble, decompile, or otherwise reverse engineer any components of the Service provided in object code or permit or authorise a third party to do so.
4. Updates
The Service may automatically download and install software updates from time to time. These updates are designed to improve, enhance, and further develop the experience of the Service and/or Apps and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit DT or its licensors to install these on your device) as part of your use of the Service.
You agree that by using the Service, technical data and related information may be transmitted to DT or its service providers to facilitate the provision of updates, product support, and other services related to the Service to you, if any. Such information may include but is not limited to, technical information or personal preferences about your device and/or internet browser and/or system.
6. Intellectual Property Rights
You acknowledge and understand that DT or its licensors own all rights, titles, and interests in and to the software and Service, including all intellectual property rights therein, without limitation. The software and Service are protected by copyright, trademark, patent, other statutory and common law, and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Service as delivered to you.
THIRD PARTY LICENSES. The software includes third-party software components. Please see these Licenses.
7. Your Obligations
You agree only to use the Service as permitted in these Terms. You agree to comply with all applicable laws, rules, and regulations when using the Service. You will not use the Service to infringe anyone’s rights, including, without limitation, any intellectual property rights of any person or entity.
You agree that you are solely responsible for (and that DT has no responsibility to you or any third party) your use of the Service, any breach of your obligations under these Terms, and the consequences of any such breach.
8. Disclaimer of Warranties
THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS”AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. DT AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORALOR WRITTEN, OBTAINED FROM DT OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. DT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OFTHE SERVICE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE SERVICE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE DT GROUP(DEFINED BELOW) AND ITS LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. DT MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY CONCERNING ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO DISABLE OR TURN OFF AND CEASE USE OF THE SOFTWARE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT WILL DT, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “DT GROUP”) OR DT’S LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SERVICE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE DT GROUP OR ITS LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL DT’S OR ITS LICENSORS’ AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold DT and its licensors harmless from and against any and all claims, suits, losses, liability, costs, or expenses (including but not limited to reasonable attorney’s fees) arising from or incurred as a result of your use of the Service, including your downloading, installation, or use of the Apps, or your violation of these Terms.
11. Applicable Law
These Terms shall be governed by and interpreted under the laws of the state of Texas, USA, without regard to its conflicts of laws provisions. All claims arising from or relating to these terms or the Service will be litigated exclusively in the competent courts of Travis county, Texas.
Waiver of Jury Trial. YOU AND DT AGREE TO IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN THE EVENT OF ANY LAWSUIT, DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE. This mutual waiver applies to any legal action, proceeding, or counter claim, whether based on contract, tort, statute, or any other legal theory. In the event of litigation, you and DT understand and agree that any legal action will be heard and resolved by a judge sitting without a jury. BY ACCEPTING THESE TERMS OF SERVICE, YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING YOUR CONSTITUTIONAL RIGHT TO A JURY TRIAL.
12. Modification of These Terms
DT reserves the right to modify and/or change these Terms at anytime and without prior notice. By continuing to use the Service, you agree to be bound by the modified Terms.
13. Miscellaneous
(i) These Terms and all the policies referenced herein constitute the entire agreement between DT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized DT executive.
(ii) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
(iii If, for any reason, a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. DT reserves the right, at our discretion, to update or revise these Terms.
14. Contact Information
If you have any questions, complaints, and/or claims, you may contact DT at:
Last updated: January 8, 2026