App: DashTown (the "App")
These Terms of Use ("Terms") are a legal agreement between you and Fuztec Ltd. ("we", "us", "our"). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. The App
DashTown is a cardio/fitness endless-runner style game controlled by your body movement (jogging on the spot, jumping, squatting, and leaning), captured via your iPhone's camera and processed entirely on-device. See our Privacy Policy for details on camera use.
2. Eligibility
The App is intended for users aged 13 and over. If you are under 18, you confirm you have the involvement of a parent or guardian, including for any subscription purchase, which will be billed to the Apple ID account holder (who must be 18+ per Apple's own terms).
3. Physical activity and health disclaimer - please read carefully
This is important given the physical nature of the App.
- The App involves physical exercise, including jogging on the spot, jumping, squatting, and lateral movement.
- Consult a physician before beginning this or any exercise program, particularly if you have any pre-existing medical condition, injury, cardiovascular issue, are pregnant, or are otherwise unsure whether strenuous physical activity is safe for you.
- The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. It is entertainment software with a fitness element, not medical or fitness advice tailored to you.
- You use the App, and undertake any physical activity while using it, entirely at your own risk. You are responsible for ensuring you have adequate clear space around you, free of furniture, obstacles, stairs, other people, pets, or trip hazards, before playing.
- Stop immediately if you feel pain, dizziness, shortness of breath, or any other concerning symptom.
- To the maximum extent permitted by law, we are not liable for any injury, harm, or damage arising from your use of the App or the physical activity it involves.
4. Free trial and subscriptions
- The App offers short 30-second trial runs during onboarding, so you can try the game before subscribing. These trial runs may be limited in number; any limit will be applied in the App.
- After the trial, continued access requires a paid subscription, offered as a weekly or annual auto-renewing plan.
- Subscriptions are purchased through Apple's In-App Purchase system and billed to your Apple ID.
- Auto-renewal: your subscription automatically renews for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple ID will be charged for renewal within 24 hours prior to the end of the current period, at the price you agreed to at purchase.
- Managing and cancelling: you can manage or cancel your subscription at any time via Settings > [your name] > Subscriptions on your iPhone. Cancelling stops future renewals but does not refund the current period.
- Price and length are shown to you before purchase in the App and on the App Store purchase screen; that displayed information forms part of these Terms for the plan you select.
- Right to cancel (UK/EU users): you normally have a 14-day right to cancel a digital subscription without giving a reason. By beginning to use a paid subscription immediately, you expressly agree that we may begin providing the service straight away and you acknowledge you lose this 14-day cancellation right once the digital content/service has begun, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may still cancel auto-renewal at any time as described above; this only affects the short statutory cooling-off period.
- Refunds are handled by Apple in accordance with Apple's own refund policies, not by us directly.
5. Camera permission
The App requires camera access to function, used solely for on-device motion tracking as described in our Privacy Policy. You can withdraw camera permission at any time in iOS Settings, but the App will not be usable without it.
6. Licence
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices you own or control, for your personal, non-commercial use, in accordance with the Apple Media Services Terms and Conditions.
7. Acceptable use
You agree not to: reverse-engineer, decompile, or attempt to extract the source code of the App except where permitted by law; use the App for any unlawful purpose; interfere with the App's operation or attempt to circumvent subscription mechanisms; or use the App in a manner that could cause injury to yourself or others through reckless disregard of the space around you.
8. Intellectual property
The App, including its code, design, characters, artwork, and gameplay, is owned by us or our licensors and protected by copyright and other intellectual property laws. Nothing in these Terms transfers ownership of the App to you.
9. Disclaimer of warranties
The App is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant the App will be uninterrupted, error-free, or compatible with every device or iOS version.
10. Limitation of liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages, or for any personal injury, arising from or related to your use of the App, including physical activity undertaken while using it, except where such liability cannot be excluded by law (for example, liability for death or personal injury caused by our negligence, or fraud).
11. Termination
We may suspend or terminate your access to the App if you breach these Terms. You may stop using the App and cancel your subscription at any time as described in Section 4.
12. Changes to these Terms
We may update these Terms from time to time. We will update the "Last updated" date above, and material changes will be flagged in the App where practical. Continued use of the App after changes take effect constitutes acceptance.
13. Governing law
These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction over any dispute, save that if you are a consumer resident elsewhere, mandatory local consumer protection laws in your place of residence may also apply and are not overridden by this clause.
14. Contact us
Fuztec Ltd.
hello@fuztec.com