Terms of service.
This Terms of Use for the MT Dry Fire application is a legally binding agreement. Please read this “Terms of Use” Agreement [“Agreement] carefully. By clicking “I agree”, installing the app, and/or using the app or any updates to the software [collectively referred to as “App”] provided by Manzano Tactical [“MT”], you, our customer, [“You”, “Your”, “Customer”] agree to the following Terms of Use when using our Apps.
GENERAL TERMS
MT is providing a dry fire app called “MT Dry Fire” with the objective of helping users to improve their shooting efficiencies. Dry fire is a form of training that allows users to practice using their weapons and involves NO weapon ammunition. With this training, a user focuses on their actions of pulling a weapon from a holster (optional), aiming at a target, and dry firing (i.e., shooting without ammo) within a specified period. By committing to regular practice, students can typically improve their efficiencies, and ultimately, their timing, a key factor in mastering the use of their weapon.
Firearm safety is each user’s responsibility and should be the top priority of any firearm owner. Users are expected to understand how to safely handle a firearm and related ammunitions including how to properly ensure that a firearm is completely void of ammunition and safe to handle in training exercises such as dry fire activities. Any user, who is not clear on basic firearm use and safety precautions, should obtain services from a qualified instructor before engaging in dry fire training including the use of this App.
Personal information, including name, email, country, and state, are captured within this App. By registering to use this App, user consents to our storage and use (within the App) of this information. We do not sell our users’ personal data. See the Privacy term below for further information.
The app is free for download from the Apple Store. All users have access to the app’s Stopwatch and Par Time Feature while users with a paid subscription have access to additional features including the recording and display of their holster Draw Time, Shot Time, and Total Time along with the gun type and holster type (if any) being used; a History log of all of their session data captured; and a Leaderboard of Best Times logged by date and overall, amongst all app users.
MT grants you a limited, non-exclusive, non-transferrable, revocable license to use the MT Dry Fire App for your personal, non-commercial purposes. You may only use the App on an iPhone, IPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service. Any maintenance or support of the app will be furnished by MT, not Apple.
This Agreement is between you and MT, and not Apple, Inc. MT is solely responsible for the MT Dry Fire App and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third-party beneficiary relating to your use of the MT App.
In the event of any failure of the MT Dry Fire App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty or claim obligation whatsoever with respect to the MT Dry Fire App.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
LIMITATIONS of LIABILITY
2.1 You expressly agree that the use of the MT Dry Fire App is at your sole risk. The App is provided “as is” and “as available” basis without warranties of any kind, either express or implied. To the fullest extent permissible by law, MT, including its officers, directors, employees, and agents, disclaim all warranties, express or implied. MT does not warrant that the App will meet your requirements or that the App will be uninterrupted or error-free, that defects will be corrected, or that App is free of viruses or any other harmful components. MT does not warrant or make any representations regarding the use or the results of the use of the content or data on the App, with respect to their correctness, accuracy, reliability, or otherwise. MT does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by a third party through the App, any hyperlinked services, or featured in any other advertising. MT will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of products or services through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
2.2 In no event shall MT, its officers, directors, employees, or agents, be liable to you for any direct, indirect, special, punitive, or consequential damages, whatsoever, resulting from your use of the App or any errors, mistakes, or inaccuracies of content or data, personal injury or property damage of any nature whatsoever, resulting from your access to and use of the service, any unauthorized access to or use of our secure servers, and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transition to or from the service, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, and/or any errors or omissions in any content or data or for any loss or damage of any kind incurred as a result of your use of any content or data posted, emailed, transmitted, or otherwise made available via the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not MT is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that MT shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of ham or damage from the foregoing rests entirely on you. In no event will MT’s total aggregate liability to you under this Agreement exceed the amount paid by you to use the service during the prior six (6) months.
INDEMNIFICATION
3.1 To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MT and its affiliates including any officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the App, your violation of any term of this Agreement, your violation of any third party right, including without limitation any copyright, property, or privacy right, or any claim that your user content caused damage to a user or third party. MT may assume the seclusive defense and control of any matter for which users have agreed to indemnify MT and you agree to assist and cooperate with MT in the defense settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the App.
INTELLECTUAL PROPERTY
4.1 Except as otherwise indicated, all copyright rights and other intellectual property rights in the MT App and its contents, including any and all MT designs, images, graphics, videos, audio, music, text, software, code, machine learning, trademarks, logos, data, and databases, and other intellectual property contained therein are owned by or licensed by MT, and are protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, machine learning, or algorithms relevant to the App, service, or any software documentation or data related to the MT Dry Fire App; modify, translate, or create derivative works based on the MT App; use the MT App for timesharing or service bureau purposes, or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
PRIVACY
5.1 Use of Personal Data. We capture limited personal data for the following purposes:
a. Understanding user preferences so that we may optimize user experience via personalization.
b. Developing a sense of community and “friendly competition” amongst users who have a similar passion for improving their efficiencies with firearms.
c. Enabling the ability to communicate with our users more effectively. If any direct marketing is used, it would be done by or on behalf of MT. We will not ever sell our users’ data to third parties. Users would have the ability to opt-out from receiving such communications.
AGREEMENT ENTIRETY
This Agreement shall constitute the entire agreement between you and MT concerning the App. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. MT’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. We reserve the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by MT without restriction. Your use of the App following any amendment of this Agreement will signify your consent to and acceptance of its revised terms.
CONTACT INFORMATION
If you have any questions or concerns regarding this App, you may contact Manzano Tactical as follows:
Email: MTDryFireApp@ManzanoTactical.com
Mail: P.O. Box 112564, Campbell, CA 95011