Effective Date: October 28, 2026
1. Introduction and Acceptance
- This End User License Agreement ("Agreement" or "EULA") is a legally binding agreement between you ("User," "you," or "your") and Hidden Spectrum, LLC ("Company," "we," "us," or "our"), the developer and operator of the Dextr application ("Dextr" or "Application").
- This Agreement governs your download, installation, access to, and use of Dextr, including its features, software updates, and related services. Dextr is licensed, not sold, to you. This Agreement replaces all previous versions of the Dextr End User License Agreement upon your valid acceptance, subject to the supersession and preservation-of-rights provisions contained in Section 17.
- By selecting "Agree," "Accept," or another clearly designated acceptance control, you acknowledge that you have been provided an opportunity to review this Agreement and agree to be legally bound by its terms. For existing users, revised material provisions apply only after proper notice and acceptance to the extent required by law.
- This Agreement is entered into solely between you and Hidden Spectrum, LLC, and not with Apple Inc. ("Apple"). Hidden Spectrum, LLC is solely responsible for Dextr and its content, subject to applicable law.
- If you do not agree to this Agreement, do not accept it or commence new use of the Application. If you are an existing user, please contact us regarding available options for retrieving existing data, discontinuing use, or addressing an active subscription.
2. License Grant and Restrictions
- Subject to your compliance with this Agreement, Hidden Spectrum, LLC grants you a limited, nonexclusive, nontransferable, revocable license to install and use Dextr on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- This license also permits access and use through Family Sharing or volume purchasing where authorized under Apple's rules.
- Except as expressly permitted by applicable law, open-source licenses, or Apple's Usage Rules, you may not:
- Copy, redistribute, resell, lease, sublicense, or commercially distribute the Application.
- Reverse-engineer, decompile, disassemble, or attempt to derive its source code.
- Modify the Application or create unauthorized derivative works.
- Circumvent technical restrictions, security features, subscription controls, or access limitations.
- Use the Application for unlawful, fraudulent, abusive, or unauthorized purposes.
- All rights not expressly granted are reserved by Hidden Spectrum, LLC and its licensors.
3. Application Functionality and Contact Management
- Dextr is a personal contact-management and relationship-organization application. Its functionality may include importing, viewing, editing, synchronizing, tagging, archiving, merging, and deleting contact information, as well as maintaining relationship details, notes, journals, reminders, events, and other related information.
- Dextr may interact with Apple's native Contacts framework, iCloud, and other system services.
- IMPORTANT: Changes made through Dextr may modify information in your device's native Contacts database and connected address books. Where synchronization is enabled, such changes may propagate to iCloud, other connected accounts, and other devices.
- Depending on the feature or operation selected, these modifications may include changes to contact names, numbers, email addresses, other contact fields, merged records, archived records, or deleted contacts.
- You acknowledge that these actions may affect information outside the Dextr interface, including information accessible through Apple's Contacts application.
- You are responsible for reviewing and verifying the accuracy, completeness, and appropriateness of contact-management actions that you initiate or approve.
- Dextr may provide automated recommendations, suggestions, or organizational tools. These may produce incomplete, inaccurate, or unsuitable results. Such recommendations do not guarantee that particular contacts are duplicates, unnecessary, outdated, or safe to modify or delete.
4. Authorization of Contact Modifications
- By granting Dextr permission to access your contacts and subsequently initiating or confirming a modification, you authorize Dextr to perform the applicable operation within the scope of the permissions and selections you have provided.
- Operations may include:
- Creating or modifying contact records.
- Combining or merging records identified as duplicates.
- Archiving or reorganizing contact information.
- Deleting individual contacts or multiple contacts.
- Synchronizing changes with supported Apple and third-party contact services.
- For operations identified as destructive or potentially irreversible, Dextr may present additional notices, previews, or confirmation prompts.
- Your confirmation of a destructive operation constitutes your authorization to perform the specifically described action on the identified records.
- You acknowledge that contact deletion or modification may affect synchronized devices or accounts and that restoring the original information may not always be possible.
- The Company does not guarantee that every contact-management action can be reversed or that deleted, merged, or overwritten records can be reconstructed.
- Nothing in this section excludes responsibility for operations performed by Dextr without appropriate authorization, or otherwise limits rights that cannot lawfully be waived.
5. Data Storage, Synchronization, and Third-Party Services
- Dextr is designed to process contact information locally on supported devices, with applicable contact and application data stored or synchronized through your device, Apple account, iCloud, or other supported services as described in our Privacy Policy.
- The Company does not maintain independent server-side copies of users' contact databases for restoration purposes.
- Certain functions rely upon services, software, or infrastructure operated by third parties, including Apple.
- These services may be affected by:
- Network interruptions or connectivity failures.
- Synchronization delays, conflicts, or errors.
- Device damage, theft, replacement, or malfunction.
- Operating system updates or software incompatibilities.
- Account restrictions, access issues, or authentication failures.
- Changes, outages, or discontinued functionality in third-party services.
- Actions taken through Dextr, Apple's Contacts application, or other connected applications.
- The Company does not control the operation, availability, or recovery capabilities of independent third-party services.
- IMPORTANT: Synchronization is not the same as an independent backup. Changes, including deletions and overwrites, may synchronize across connected devices and accounts before you discover an error.
- Your use of third-party services remains subject to their applicable terms, policies, and technical restrictions.
6. User Responsibility for Backups and Data Protection
- You are responsible for maintaining suitable, independent backups of important contact information and other personal data.
- Before performing bulk modifications, merging records, deleting contacts, changing synchronization settings, or undertaking other significant data-management operations, you should ensure that you have an appropriate, recoverable copy of any information you wish to preserve.
- Although Dextr may support data storage, synchronization, or backup-related functionality, the availability of those features does not constitute a guarantee against data loss.
- Backups and recovery methods provided by Apple or other third parties may be incomplete, outdated, unavailable, incompatible, or subject to retention limitations.
- You acknowledge that:
- Contact information and associated data may be unintentionally deleted, modified, overwritten, corrupted, or rendered inaccessible.
- Changes may propagate to other devices and connected accounts.
- A successful synchronization does not necessarily establish that a separate recoverable backup exists.
- The Company may be unable to restore information that it does not possess or maintain.
- Recovery of lost information cannot be guaranteed.
- The Company recommends independently verifying the availability and integrity of your backups before making significant changes to your contact database.
7. Data Loss and Recovery Limitations
- Dextr is provided as a contact-management and organization tool, not as a guaranteed archival, disaster-recovery, or permanent data-preservation service.
- To the maximum extent permitted by applicable law, the Company makes no guarantee that information will remain continuously available, unaltered, recoverable, or free from synchronization errors.
- The Company does not warrant that it can recover information lost or altered because of:
- User-authorized contact deletions or modifications.
- Incorrect selection, merging, or editing of records.
- Synchronization behavior controlled by Apple or another provider.
- Device or account failures.
- Software errors or incompatibilities.
- Third-party interruptions or failures.
- Other events outside the Company's reasonable control.
- To the extent permitted by applicable law, the Company disclaims liability for indirect, incidental, special, or consequential damages arising from lost, corrupted, inaccessible, or unrecoverable information, including consequential losses associated with contact information or other user data.
- The additional limitations contained in Section 12 also apply.
8. Privacy and Data Practices
Your privacy is important to us.
- Dextr's data collection, processing, storage, and sharing practices are described in our Privacy Policy, available at https://dextr.app/privacy/.
- The Privacy Policy explains how the Application handles contact information, usage analytics, diagnostics, purchase and subscription information, and other relevant data. Optional MCP Connections may involve additional access, processing, and disclosures as described in the MCP Connections subsection of Section 10 and our Privacy Policy.
- We may collect and process certain technical, diagnostic, and usage information for legitimate application operations, security, customer support, subscription management, and product improvement, as described in that policy.
- Your acceptance of this Agreement does not replace any separate consent required under applicable privacy laws or Apple's permission framework.
- You retain your applicable rights in contact information and other content that you create, store, or manage through Dextr, subject to the rights of any relevant third parties.
- Where technically and legally necessary to provide the functionality you select, you authorize Dextr to access and process that information within the permissions you grant.
9. Subscriptions, Purchases, and Paid Features
- Dextr may offer free functionality, optional paid features, recurring subscriptions, promotional offers, and trial periods.
- The specific features, subscription prices, renewal periods, introductory offers, and other purchase conditions will be disclosed through the Application or Apple's purchase interface before the applicable transaction.
- Where subscriptions are purchased through the App Store:
- Billing and payment processing are handled by Apple.
- Subscriptions generally renew automatically unless canceled according to the terms disclosed at purchase.
- Users may manage or cancel subscriptions through their Apple account settings.
- Deleting Dextr does not automatically cancel an active subscription.
- Refunds and billing disputes are handled according to applicable Apple policies and mandatory consumer protections.
- Features associated with a particular paid subscription may become unavailable if that subscription expires, is canceled, or otherwise ceases to provide entitlement.
- Nothing in this Agreement eliminates rights associated with previously purchased features, promotional offers, or subscriptions that cannot lawfully be withdrawn or modified.
10. Third-Party Services and Communications
- Dextr may interact with external services, applications, operating system functionality, communications providers, or informational resources.
- These may include Apple's Contacts, iCloud, Messages, Calendar, and other supported services.
- Your use of these services must comply with their applicable agreements and policies, including any applicable wireless carrier or messaging-service terms.
- If you use Dextr to organize, personalize, or initiate communications with other people, you are responsible for ensuring those communications comply with applicable laws and recipient-consent requirements.
- You agree not to use Dextr for unlawful unsolicited messages, harassment, fraud, impersonation, or communications that violate the rights of others.
- The Company does not guarantee the accuracy, completeness, continued availability, or delivery of third-party content or services.
- Any event listings, location details, recommendations, or other externally sourced information are provided for informational purposes and should be independently verified when necessary.
10.8. MCP Connections: Privacy, Permissions, and Third-Party Risks
- Optional connections. Dextr may allow you to connect external AI applications, assistants, tools, and related services through the Model Context Protocol ("MCP Connections"). This includes allowing an external application to access Dextr through its local MCP server. Connected applications and services may be operated by you or by independent third parties. Enabling or using an MCP Connection authorizes access, information exchange, and operations only within the permissions you grant and the requests or actions you initiate or approve, including any continuing permissions you expressly grant for automated actions. Accepting this Agreement alone does not authorize a connection, expand its permissions, or replace any separate consent required by law.
- Information exchanged. Depending on the connection, permissions, and feature you use, information exchanged may include contact details, notes, relationship information, events, user instructions, tool inputs and results, and technical connection metadata. A connected application may retrieve information from Dextr and transmit it to its operator, an AI provider, or other connected services involved in processing your request. Authentication may also require a connection key or access token. A local MCP connection, local storage, or iCloud synchronization does not mean information retrieved by the connected application remains solely on your device or within iCloud.
- Third-party privacy practices. Independent providers handle information they receive under their own terms and privacy policies, subject to applicable law. Their practices may include logging, storage, retention, onward disclosure, processing outside your country, or use to improve or train AI systems, depending on their policies and your settings. Hidden Spectrum, LLC does not control those independent practices or guarantee that they match Dextr's practices. Our own collection, use, disclosure, and protection of information remain governed by our Privacy Policy and applicable law.
- Your choices and responsibilities. Before connecting, review the provider, requested permissions, privacy policy, and applicable terms. Grant only permissions needed for your intended use, safeguard your credentials, and share only information you are authorized to disclose. Contact records and notes may contain personal or confidential information about other people; you are responsible for any notices, permissions, and lawful authority required for your disclosure. Review proposed actions and maintain independent backups before significant changes.
- Automated actions and security risks. Depending on the tools and permissions available, an MCP Connection may read, transmit, create, modify, or delete information or initiate actions in connected services. Incorrect results, compromised services, or malicious instructions embedded in third-party content may cause unintended disclosures or actions. Changes may propagate to synchronized devices and accounts and may be irreversible. You should independently verify important results and actions. These risk disclosures do not authorize actions beyond the permissions and approvals you have provided.
- Disconnecting and retained information. You may stop using a connection and revoke its authorization through the applicable controls in Dextr or the connected provider, as available. Where necessary, also revoke access tokens, API keys, or account permissions with that provider. Disconnecting does not recall information already transmitted, undo completed or in-progress actions, or automatically delete copies, logs, or backups held by a provider. Deletion or other privacy requests concerning those copies may need to be directed to that provider, without limiting rights you may exercise against Hidden Spectrum, LLC under applicable law.
- Third-party warranties and liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDEPENDENT THIRD-PARTY MCP SERVERS, TOOLS, CONTENT, AND SERVICES ARE MADE ACCESSIBLE THROUGH DEXTR ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hidden Spectrum, LLC does not warrant their security, privacy practices, accuracy, availability, compatibility, or fitness for your purposes. Making a connection available does not, by itself, constitute an endorsement or a representation that we have audited the provider. To the same lawful extent, Hidden Spectrum, LLC disclaims liability for losses caused by an independent provider's acts or omissions, including unauthorized access or disclosure, misuse or loss of data, service failures, and actions performed within your granted permissions and approvals. Any liability arising from MCP Connections remains subject to Section 12, including its aggregate liability cap and exceptions.
- Preservation of mandatory rights. Nothing in this subsection waives statutory privacy or consumer rights, substitutes for required consent or security safeguards, or excludes or limits liability that cannot lawfully be excluded or limited. Hidden Spectrum, LLC remains responsible for its own conduct, the conduct of service providers for which it is legally responsible, and its applicable obligations concerning authorization, data protection, and security. The exceptions and mandatory protections in Section 12 apply throughout this subsection.
11. Disclaimer of Warranties
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEXTR AND ITS RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED.
- To the extent permitted by law, the Company disclaims all express, implied, and statutory warranties, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, uninterrupted operation, and noninfringement.
- The Company does not warrant that:
- The Application will operate without interruption, defects, or errors.
- Every defect will be corrected.
- Contact information and other data will always be accurate, available, or recoverable.
- Synchronization, backups, or other third-party services will operate continuously or without error.
- The Application will meet every user's individual requirements.
- Recommendations, automated actions, or organizational features will always produce accurate or desirable results.
- No oral or written advice or information provided by the Company creates an additional warranty unless expressly required by law or formally agreed to in writing.
- Some jurisdictions do not permit the exclusion of certain warranties or statutory consumer rights. In those jurisdictions, these disclaimers apply only to the extent lawfully permitted.
- Hidden Spectrum, LLC remains responsible for warranties and claims that applicable law does not permit it to disclaim.
- If Dextr fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, as provided under Apple's required EULA provisions. To the maximum extent permitted by law, Apple has no other warranty obligations regarding Dextr.
- Any other legally required claims, losses, liabilities, damages, costs, or expenses attributable to failure to conform to an applicable warranty are the responsibility of Hidden Spectrum, LLC, not Apple.
12. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIDDEN SPECTRUM, LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE DEXTR.
- Such damages may include, without limitation:
- Loss of profits, revenue, or business opportunities.
- Business interruption.
- Consequential losses resulting from lost or corrupted data.
- Loss of access to contacts or relationship information.
- Costs arising from the inability to communicate with third parties.
- Other consequential economic or commercial losses.
- These limitations apply, to the extent permitted by law, regardless of whether a claim is based on contract, negligence, tort, strict liability, or another legal theory, even if the Company has been advised of the possibility of such damages.
- To the maximum extent permitted by applicable law, the Company's aggregate liability arising out of or relating to Dextr or this Agreement shall not exceed the greater of:
- Fifty U.S. dollars ($50.00); or
- The total amount you paid for Dextr and its subscriptions during the twelve months immediately preceding the event giving rise to the claim.
- The above limitation is subject to any minimum remedies or higher liability amounts required by applicable law.
- Exceptions and Mandatory Rights
Nothing in this Agreement shall exclude, restrict, or limit liability for:- Fraud or fraudulent misrepresentation.
- Intentional misconduct.
- Gross negligence where liability cannot lawfully be excluded.
- Death or personal injury where such liability cannot lawfully be limited.
- Violations of statutory consumer rights or data protection obligations where exclusion is prohibited.
- Any other liability that applicable law does not permit to be excluded or limited.
- If a particular limitation is prohibited under applicable law, that limitation shall apply only to the maximum extent permitted, without affecting the enforceability of the remaining provisions.
13. Maintenance, Support, and Product Claims
- Hidden Spectrum, LLC is responsible for providing maintenance and support for Dextr as specified in this Agreement or required by applicable law.
- Apple has no obligation to provide maintenance or support services for Dextr.
- Hidden Spectrum, LLC, and not Apple, is responsible for addressing claims relating to the Application or your possession and use of it, including:
- Product liability claims.
- Claims that Dextr fails to satisfy applicable legal or regulatory requirements.
- Claims arising under consumer protection, privacy, or similar legislation.
- Other claims for which the developer is legally responsible.
- This Agreement does not limit the Company's liability beyond what applicable law permits. Questions, complaints, and support requests may be directed to Section 19.
14. Intellectual Property Rights
- Dextr, its source code, design, interface, graphics, trademarks, logos, proprietary software, and related intellectual property are owned by or licensed to Hidden Spectrum, LLC and are protected by applicable intellectual property laws.
- The Dextr name and associated branding are trademarks of Hidden Spectrum, LLC to the extent established under applicable law.
- Your use of the Application does not transfer any ownership interest in its intellectual property to you.
- You retain your applicable rights in the personal information and content that you manage through the Application.
- If a third party alleges that Dextr, or your authorized possession and use of Dextr, infringes its intellectual property rights, Hidden Spectrum, LLC, rather than Apple, is solely responsible for investigating, defending, settling, and discharging such claims, to the extent required by Apple's applicable EULA requirements and law.
15. Legal Compliance and Export Restrictions
- You agree to use Dextr in compliance with all applicable laws and regulations.
- You represent and warrant that you are not located in a jurisdiction subject to an applicable U.S. government embargo that prohibits the provision of Dextr and are not included on any applicable U.S. government list of prohibited or restricted parties.
- You agree not to export, re-export, or otherwise transfer the Application in violation of applicable export control or sanctions laws.
- You are responsible for complying with applicable privacy, communications, intellectual property, and other laws when using Dextr.
16. Termination and Discontinuation
- This Agreement remains effective until terminated in accordance with its terms.
- You may terminate your license by ceasing use of Dextr and uninstalling the Application from your devices, subject to any applicable contractual or statutory rights and obligations.
- Uninstalling Dextr does not necessarily delete information stored in Apple's Contacts application, iCloud, or other connected services. Nor does it automatically cancel an App Store subscription.
- The Company may suspend or terminate access to Dextr where you materially breach this Agreement, subject to applicable laws, notice requirements, and consumer protections. The Company also reserves the right to discontinue or decline to renew services following an arbitration opt-out, subject to the conditions and safeguards in the "Right to Opt Out of Arbitration" subsection of Section 18.
- Where reasonably possible and legally required, users will be given an opportunity to access or retrieve existing data before access is discontinued.
- Termination does not extinguish rights, obligations, or claims that accrued before termination. Provisions that by their nature should survive termination, including intellectual property, applicable limitations of liability, and dispute-related provisions, shall survive to the extent permitted by law.
17. Changes to This Agreement
- Hidden Spectrum, LLC may revise this Agreement to reflect changes in Application functionality, business practices, applicable laws, security requirements, or contractual protections.
- For nonmaterial changes, we may provide notice through the Application, our website, or other reasonable means, as permitted by applicable law.
- For material changes that significantly affect your legal rights, responsibilities, or available remedies, we will provide conspicuous notice and request your affirmative acceptance before applying the revised provisions to your continued use of Dextr.
- Material changes may include significant revisions to:
- Limitations of liability.
- Data handling and responsibility.
- User rights and obligations.
- Dispute resolution provisions.
- Other substantive contractual protections.
- Where required by law, we will provide reasonable advance notice and applicable choices before changes take effect.
- We may retain an electronic record of your acceptance, including the agreement version, acceptance date and time, application version, and a relevant device or installation identifier, in accordance with our Privacy Policy and applicable law.
- If you decline a material revision, certain future use of Dextr may be restricted. We will provide information about available discontinuation, data-access, and subscription options, subject to applicable legal requirements.
- Revisions will not retroactively extinguish claims or liabilities that arose before the revised terms became effective, except to the extent permitted by applicable law and validly agreed.
- Supersession of Prior Agreements. Upon your valid acceptance of this Agreement, it supersedes and replaces all previous versions of the Dextr End User License Agreement and any prior license terms issued by Hidden Spectrum, LLC governing your use of the Application.
- From the effective date of your acceptance, this Agreement shall constitute the controlling agreement between you and Hidden Spectrum, LLC regarding your continued use of Dextr, except where otherwise required by applicable law.
- Any dispute arising from events occurring before your acceptance of this Agreement shall remain subject to the contractual provisions applicable at the time of those events, to the extent required by law.
- This Agreement does not supersede Apple's applicable terms and conditions, existing purchase obligations, statutory consumer protections, or other separate agreements that expressly remain in effect.
- If you do not accept this Agreement, the previous agreement shall continue to govern your existing contractual relationship to the extent required by applicable law, subject to any lawful discontinuation or termination of services.
18. Governing Law and Dispute Resolution
18.1. Agreement to Resolve Disputes; Waiver of Court and Jury Rights
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT, HAVE A TRIAL BEFORE A JUDGE OR JURY, OR PARTICIPATE IN A CLASS ACTION.
- To the maximum extent permitted by applicable law, you and Hidden Spectrum, LLC ("Company") agree that disputes arising from or relating to Dextr, this Agreement, subscriptions, purchases, services, software functionality, data loss, data modification, synchronization, privacy, or other interactions between you and the Company will be resolved through the procedures described in this Section.
- For covered disputes, the parties agree to pursue the following procedures, in order: (1) good-faith negotiation; (2) nonbinding mediation; and (3) final and binding individual arbitration.
- WHERE THIS ARBITRATION AGREEMENT IS ENFORCEABLE, BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHTS TO HAVE COVERED DISPUTES DECIDED IN COURT BY A JUDGE OR JURY, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION OR REQUIRED BY APPLICABLE LAW.
- The parties further agree that covered disputes will be resolved individually rather than through class, collective, or representative proceedings, except where such restrictions are prohibited by applicable law. These obligations apply equally to you and the Company. This Section does not eliminate any substantive legal claim, remedy, or protection that cannot lawfully be waived.
18.2. Mandatory Informal Negotiation
- Before initiating mediation, arbitration, or litigation concerning a covered dispute, the parties agree to attempt resolution through good-faith negotiation, subject to the exceptions in this Section.
- The party initiating the dispute must provide written notice identifying the initiating party's name and contact information, a reasonable description of the dispute, the circumstances giving rise to the dispute, and the requested relief.
- Notices to Hidden Spectrum, LLC should be sent to support@dextr.app with the subject "Formal Dispute Notice."
- The Company may deliver dispute notices through an email address associated with the user's account, where available, or another reasonable lawful method.
- Within 15 days of receipt of a notice, the receiving party will make reasonable efforts to acknowledge it and begin discussions. The parties will participate in good-faith negotiations for at least 30 days following receipt of the notice, by email, telephone, video conference, or another mutually acceptable method. Neither party must accept a settlement proposal.
- If the dispute is not resolved during the negotiation period, either party may initiate mediation under Section 18.3.
18.3. Nonbinding Mediation
- If negotiation fails, the parties agree to attempt nonbinding mediation before initiating binding arbitration, except where legally prohibited or expressly excepted.
- Mediation shall be administered by the American Arbitration Association ("AAA") under its applicable Consumer Mediation Procedures, unless the parties mutually agree in writing to another qualified mediation provider.
- Mediation may occur remotely unless the parties agree otherwise. A neutral mediator will assist in attempting to reach a voluntary settlement. The mediator cannot impose a binding decision.
- The Company will pay the applicable mediator compensation and mediation administrative fees, except to the extent a different allocation is required by mandatory law.
- If unresolved 45 days after a written mediation request, either party may proceed to arbitration unless the parties agree in writing to extend mediation. A party may also proceed if the other expressly refuses to participate or mediation cannot reasonably be arranged within that period despite good-faith efforts.
- Settlement and mediation communications receive applicable legal confidentiality protections.
18.4. Binding Individual Arbitration
- If negotiation and mediation do not resolve the dispute, and this arbitration agreement applies and is enforceable, the dispute shall be submitted to final and binding individual arbitration.
- YOU AND THE COMPANY AGREE THAT BINDING ARBITRATION SHALL REPLACE COURT LITIGATION FOR COVERED CLAIMS.
- Arbitration shall be administered by the AAA under its Consumer Arbitration Rules then in effect, including applicable consumer due-process protections. One neutral arbitrator will be selected under those rules.
- The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs interpretation and enforcement where applicable.
- The arbitration may be conducted remotely or at an in-person location consistent with applicable consumer arbitration rules and the user's legal rights.
- The arbitrator will apply applicable substantive law and may award relief available in a court of competent jurisdiction, including statutory remedies and attorneys' fees where applicable.
- The arbitrator's decision is final and binding, subject to limited judicial review authorized by law. Judgment on an award may be entered by any court with jurisdiction.
- If the AAA declines administration because a clause fails mandatory consumer fairness requirements, the Company may correct the defect where permitted. If the dispute cannot lawfully be arbitrated, it may proceed in an appropriate court.
18.5. Arbitration Costs and Fees
- Arbitration fees shall be allocated under the applicable AAA Consumer Arbitration Rules, Consumer Fee Schedule, and mandatory law.
- The user shall pay the arbitrator's compensation and all required administrative fees.
- Each party ordinarily bears its own attorneys' fees and related expenses unless applicable statute, rule, or enforceable contract provides otherwise. The arbitrator may award costs and attorneys' fees where authorized by law.
18.6. Express Waiver of Court Proceedings and Jury Trial
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HIDDEN SPECTRUM, LLC KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO INITIATE OR PURSUE A LAWSUIT IN COURT OR TO HAVE A JUDGE OR JURY DECIDE ANY DISPUTE SUBJECT TO BINDING ARBITRATION UNDER THIS AGREEMENT.
- This mutual waiver applies to covered contract, statutory, tort, negligence, and other civil claims, irrespective of legal theory, but not to disputes expressly excluded from arbitration or judicial proceedings permitted or required by law.
18.7. Class Action, Collective Action, and Representative Proceeding Waiver
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HIDDEN SPECTRUM, LLC AGREE THAT COVERED CLAIMS SHALL BE BROUGHT AND RESOLVED ONLY IN AN INDIVIDUAL CAPACITY.
- Where enforceable, both parties waive the right to initiate or participate in a class action, act as class representative or member, join collective or consolidated proceedings involving unrelated claimants, or pursue representative claims for other users.
- The arbitrator may not consolidate individual proceedings or preside over class arbitration without the express written consent of all affected parties and required legal authorization.
- This provision does not waive statutory public injunctive relief or other representative remedies that cannot lawfully be waived.
- If a court determines that the class waiver is unenforceable as to a claim or remedy, that claim or remedy will proceed in a competent court where required by law, with other arbitrable claims remaining subject to arbitration.
- A court, rather than an arbitrator, determines enforceability of this class-action waiver.
18.8. Exceptions to Mandatory Arbitration
Notwithstanding preceding provisions, either party may pursue:
- An eligible individual claim in small claims court.
- A claim or remedy legally exempt from mandatory predispute arbitration.
- Temporary or emergency judicial relief needed to preserve rights or prevent imminent irreparable harm, where available.
- Proceedings to compel arbitration or confirm, enforce, modify, or vacate an award as permitted by law.
- Public injunctive relief or other statutory remedies in court where court access cannot lawfully be waived.
- Users retain the right to report complaints to government agencies, regulators, and law enforcement. Nothing prevents those authorities from exercising their lawful powers.
18.9. International Users and Mandatory Consumer Protections
- Mandatory predispute arbitration, court-access waivers, and class-action waivers under Sections 18.4 through 18.7 apply only to users residing in the United States, and only where enforceable under applicable law.
- For consumers outside the United States, disputes may be resolved by negotiation or voluntary mediation, and arbitration or a similar legal process where available.
- A provision inconsistent with mandatory local law applies only to the lawful extent.
18.10. Right to Opt Out of Arbitration
- U.S. users subject to the mandatory arbitration provisions may opt out of binding arbitration and the associated class-action waiver within 30 days after first affirmatively accepting the version of this Agreement introducing those provisions.
- To opt out, send an email to support@dextr.app with the subject "Arbitration Opt-Out" and a clear statement that you elect to opt out of binding arbitration and the associated class-action waiver. You must include your full name, a contact email address, and all relevant identifying information reasonably available to you that is reasonably necessary for the Company to identify your Dextr account, subscription, installation, or record of acceptance. Depending on what is available, this includes an associated account email address, account or customer identifier, app or installation identifier, Dextr purchase or subscription transaction or order identifier, and the approximate date and version of the Agreement you accepted. If you use Dextr without an account, identify the applicable installation or purchase using available information.
- If an identifier is unavailable or inaccessible to you, explain that in your notice and provide any reasonably available alternative information. The Company may request additional information reasonably necessary to verify your identity and associate the notice with the applicable account, subscription, installation, or acceptance record. You must cooperate with reasonable verification requests, but you are not required to create or obtain an identifier that is not reasonably available. A notice submitted within the 30-day period will remain timely while you complete a reasonable verification request, provided you respond within the period stated in that request, which will be at least 14 days. Do not send passwords, authentication codes, MCP connection keys, full payment-card details, contact databases, or unrelated personal information. The Company will handle information submitted for this process in accordance with its Privacy Policy and applicable law.
- To the extent permitted by applicable law, Hidden Spectrum, LLC reserves the right to discontinue providing Dextr or related services to you, terminate access, or decline to renew services, including if you elect to opt out of arbitration. An opt-out does not guarantee continued service. Any such action is subject to applicable notice requirements, existing purchase and subscription obligations, mandatory consumer protections, and any refund or reimbursement required by law. This reservation may not be exercised where discontinuation because of an opt-out is prohibited by applicable law.
- If the Company discontinues services, it will provide any notice and opportunity to access or retrieve existing data required by applicable law. Discontinuation will not invalidate a timely, valid opt-out, reinstate the arbitration requirement or associated class-action waiver, extinguish accrued claims, or limit rights or remedies that cannot lawfully be waived. Nothing in this subsection authorizes the Company to delete user content in order to enforce a discontinuation of services.
- Following a timely, valid opt-out, neither you nor the Company may require arbitration under these provisions or enforce the associated class-action waiver against the other. The remaining provisions of this Agreement continue to apply, subject to the service-discontinuation rights and safeguards stated above. A user who opts out is not required to complete negotiation or mediation before pursuing an otherwise available judicial remedy.
18.11. Limitation Periods and Preservation of Rights
- Where legally permitted, applicable limitation periods shall be tolled during mandatory negotiation and mediation. Neither party may intentionally use these procedures to deprive the other of a remedy or cause undue delay. Either party may seek emergency judicial relief or preserve an expiring claim where lawful.
18.12. Governing Law and Jurisdiction
- Except where mandatory law provides otherwise, this Agreement is governed by the laws of Texas, United States, without regard to conflicts-of-law principles. The Federal Arbitration Act governs covered arbitration agreements where applicable.
- For disputes not subject to arbitration, and where forum selection is enforceable, the parties consent to state and federal courts serving Travis County, Texas.
- This does not deprive consumers of access to another court where mandatory law provides that right.
18.13. Severability, Survival, and Future Amendments
- If part of this Section is invalid or unenforceable, that provision shall be severed to the legally permissible extent and the remainder shall remain effective. Severability shall not eliminate unwaivable rights or remedies.
- If the prohibition on class or representative proceedings is unenforceable as to a claim that cannot lawfully be arbitrated individually, that claim shall proceed in court, while other claims may remain in individual arbitration where permitted.
- This Section survives termination to the extent enforceable.
- Material modifications require conspicuous notice and affirmative acceptance under Section 17. No amendment retroactively imposes arbitration or extinguishes accrued claims arising before acceptance of the applicable arbitration clause, absent a separate, validly enforceable agreement.
19. Developer Identification and Contact Information
- Dextr is developed and operated by:
Hidden Spectrum, LLC
5900 Balcones Dr, Suite 12652
Austin, Texas 78731
United States
Email: support@dextr.app
Telephone: +1 (512) 540-5312
Website: https://dextr.app
Privacy Policy: https://dextr.app/privacy/
- Questions, complaints, technical assistance requests, and legal notices may be directed to the above contact information.
20. Apple-Specific Acknowledgments
- You and Hidden Spectrum, LLC acknowledge and agree that:
- This Agreement is between you and Hidden Spectrum, LLC, not Apple. The Company alone is responsible for Dextr and its content.
- Your license is limited to use on Apple-branded products you own or control as permitted by Apple Media Services Terms and Conditions, including authorized Family Sharing and volume purchasing.
- Hidden Spectrum, LLC, not Apple, provides maintenance and support; Apple has no obligation to do so.
- Hidden Spectrum, LLC is responsible for applicable product warranties and legally required claims regarding the Application, subject to lawful limitations. Apple's applicable warranty-related refund obligation is described in Section 11.
- Hidden Spectrum, LLC, not Apple, handles claims concerning Dextr, including product liability, legal or regulatory compliance, and consumer protection or privacy.
- Hidden Spectrum, LLC, not Apple, is responsible for investigation, defense, settlement, and discharge of applicable third-party intellectual property infringement claims concerning Dextr.
- You must comply with applicable third-party terms in using Dextr.
- Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple has the right, and is deemed to have accepted the right, to enforce this Agreement against you as a third-party beneficiary.
- Nothing in this Agreement imposes obligations on Apple beyond applicable agreements or mandatory law.
21. User Feedback and Suggestions
- We welcome and may consider comments, product ideas, suggestions, proposed improvements, feature requests, bug reports, and other feedback you voluntarily submit about Dextr (collectively, “Feedback”). We are not required to review, respond to, adopt, or implement any Feedback.
- By submitting Feedback, you grant Hidden Spectrum, LLC a worldwide, perpetual, irrevocable, nonexclusive, transferable, sublicensable, royalty-free license to use, reproduce, adapt, modify, create derivative works from, disclose, publish, and otherwise exploit the Feedback for any lawful business purpose, including developing, improving, marketing, and commercializing Dextr and related products and services, without seeking further permission, subject to applicable law and any separate written agreement.
- Your submission of Feedback, or our use or implementation of any idea or suggestion (including an idea similar to yours), does not, by itself, grant you ownership, equity, control, royalties, revenue-sharing, intellectual property rights in Dextr, or any other right or interest in the Application or in features developed by Hidden Spectrum, LLC. You retain ownership of any intellectual property you independently own in the Feedback, subject to the license granted above and mandatory legal rights.
- Unless Hidden Spectrum, LLC expressly agrees otherwise in a separate written agreement signed by an authorized representative, we have no obligation to compensate, reimburse, credit, acknowledge, employ, or provide any other benefit to you because you submitted Feedback, whether or not we implement, commercialize, or otherwise use it.
- You agree not to submit Feedback that you do not have the right to share, that contains another person's confidential information, or that infringes the rights of others. Please do not submit ideas or materials you expect us to treat as confidential unless we have separately agreed in writing to do so. Our handling of personal information submitted with Feedback remains governed by our Privacy Policy and applicable privacy law.
- Nothing in this Section transfers ownership of your pre-existing intellectual property to the Company, waives rights or compensation that cannot lawfully be waived, or overrides an applicable separate written agreement with the Company.
END OF AGREEMENT
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