Terms of Service

Terms of Service

Last Updated: July 16, 2026 | Effective Date: July 16, 2026

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and DAK Enterprises LLC ("we," "us," "our," "Company"), the operator of Spinly ("the App," "the Service"). By downloading, installing, accessing, or using Spinly on any Apple device, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP.

1. Acceptance of Terms

1.1 Agreement to Terms

By downloading, installing, or using Spinly, you represent and warrant that:

• You are at least 13 years of age (or the minimum age required to create an Apple ID in your jurisdiction)
• You have the legal capacity to enter into this Agreement, or your parent or legal guardian has agreed to these Terms on your behalf
• You are not prohibited from using the App under applicable laws
• You will comply with all applicable local, state, national, and international laws

1.2 Additional Terms

Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference, and by Apple's standard App Store Terms of Service.

1.3 Modifications

We reserve the right to modify these Terms at any time. Changes become effective upon posting to https://dakenterprises.dev/spinly/terms.html. Your continued use of the App after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the App.

2. Description of Service

2.1 App Purpose

Spinly is a decision-wheel application for iOS and iPadOS. The App enables you to:

• Create, name, and configure decision wheels with your own options (slices), labels, weights, and colors
• Spin a wheel to randomly select one of its slices, accompanied by animation, sound, and haptic feedback
• Personalize the display and behavior of individual wheels
• Store and manage all wheel data on your device
• Optionally unlock unlimited wheels through a one-time in-app purchase (see Section 5)

2.2 Entertainment Tool Disclaimer

THE APP IS AN ENTERTAINMENT AND DECISION-ASSIST TOOL. IT IS NOT INTENDED FOR MISSION-CRITICAL, MEDICAL, SAFETY-OF-LIFE, FINANCIAL, LEGAL, GAMBLING, OR OTHER CIRCUMSTANCES WHERE ERROR OR THE ARBITRARY RESULT OF A SPIN COULD RESULT IN INJURY, LOSS, OR HARM.

You are solely responsible for:

• The content and appropriateness of any wheel, slice, label, or option you create
• Any decision, action, or omission you take in reliance on a spin outcome
• Ensuring that any use of the App by minors is age-appropriate and supervised where necessary
• Complying with any laws that apply to the activities you use the App to select among (including laws relating to alcohol, gambling, or other restricted conduct)

2.3 Service Availability

The App runs locally on your device and does not depend on any DAK Enterprises server. Availability of App Store downloads, updates, iOS system services, and Apple platform features is outside our control. We do not guarantee that any Apple platform feature the App uses will remain available, unchanged, or supported in future iOS versions.

3. License Grant

3.1 Grant of License

Subject to your compliance with these Terms, DAK Enterprises LLC grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use Spinly on Apple-branded devices that you own or control, solely for your personal, non-commercial use.

3.2 License Restrictions

You may not:

• Copy, modify, adapt, translate, or create derivative works of the App
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent expressly permitted by applicable law
• Rent, lease, lend, sell, redistribute, sublicense, or otherwise commercially exploit the App
• Remove, alter, or obscure any proprietary notice on the App
• Use the App in any manner that could damage, disable, overburden, or impair Apple services or interfere with any other party's use of the App
• Use any automated system to interact with the App
• Circumvent, disable, or otherwise interfere with the in-app purchase entitlement check or any tier limit imposed by the free version of the App

4. User Responsibilities and Conduct

4.1 Lawful Use

You agree to use the App only for lawful purposes and in compliance with all applicable laws.

4.2 Prohibited Uses

You agree NOT to:

• Use the App for any illegal, harmful, harassing, defamatory, threatening, or offensive purpose
• Create wheels, slices, or labels that violate any law or third-party right, or that promote hate, harassment, self-harm, or violence
• Use the App to conduct real-money gambling, wagering, or games of chance for value
• Transmit viruses, worms, malware, or any other harmful code
• Attempt unauthorized access to any part of the App, Apple services, or another user's device
• Interfere with, disrupt, or place undue burden on the App or its underlying platform services
• Use the App to display content that is obscene, hateful, or otherwise inappropriate in a shared or public context

4.3 Data Responsibility

All wheel data you create is stored on your device. You are solely responsible for the content and accuracy of that data and for backing it up. Uninstalling the App, resetting your device, or clearing the App's sandboxed storage will permanently delete your Spinly data, and we cannot recover it.

5. In-App Purchase — Spinly Unlimited

5.1 Free Tier and Paid Unlock

Spinly is free to download and free to use. The free tier allows you to save up to three (3) wheels at a time. To save more than three wheels simultaneously, you may make a one-time, non-consumable in-app purchase called Spinly Unlimited, priced at $1.99 USD (equivalent pricing in your local currency where available, as set by Apple's pricing tiers).

5.2 What Spinly Unlimited Unlocks

Spinly Unlimited is a permanent, non-consumable entitlement tied to your Apple ID. Once purchased, it unlocks the ability to save an unlimited number of wheels within the App on any device signed in to the Apple ID that made the purchase. Spinly Unlimited is not a subscription; there is no recurring charge.

5.3 Apple App Store Billing

The Spinly Unlimited in-app purchase is billed through the Apple App Store and is governed by Apple's standard payment terms and StoreKit infrastructure. DAK Enterprises LLC does not process, store, or receive your payment card information directly.

5.4 Restoring Purchases

If you reinstall the App or install it on a new device signed in to the same Apple ID, you may restore your Spinly Unlimited entitlement at no additional cost using the App's built-in Restore Purchases action or the standard Apple restore flow. Restoration relies on Apple's servers and your Apple ID; if Apple's restoration service is unavailable, the restoration will need to be retried once service resumes.

5.5 Refunds

Refund requests for App Store purchases — including Spinly Unlimited — are handled exclusively by Apple pursuant to Apple's App Store refund policy. DAK Enterprises LLC does not issue refunds directly and does not have the ability to reverse or credit an App Store transaction. Consistent with Apple's standard policy for digital content, Spinly Unlimited is treated as delivered upon successful purchase and is non-refundable except at Apple's discretion.

5.6 Price Changes

We may change the price of Spinly Unlimited at any time for future purchasers. A price change will not affect users who have already purchased Spinly Unlimited — that entitlement remains permanently valid on your Apple ID at the price you originally paid.

5.7 Tier Limit Changes

We may adjust the free-tier wheel limit (currently three wheels) in future versions of the App. Any such change will apply prospectively; wheels already saved on your device will not be deleted as a result of a limit change, though you may be prompted to purchase Spinly Unlimited before creating additional wheels beyond a new limit.

6. Intellectual Property

6.1 App Ownership

The App, including its code, design, user interface, visual elements, marks, and documentation, is owned by DAK Enterprises LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain all rights to any text, labels, and personal data you enter into the App. Because that content is stored on your device and not transmitted to us, we do not receive any license to it, we do not access it, and we do not use it for any purpose.

6.3 Feedback

If you send us feedback, suggestions, bug reports, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

7. Third-Party Services and Platforms

Spinly runs on Apple hardware and operating systems and relies on Apple-provided platform services (including SwiftData, StoreKit, Core Haptics, and AVFoundation). WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, PERFORMANCE, ACCURACY, OR CHANGES OF ANY APPLE SERVICE OR ANY OTHER THIRD-PARTY PLATFORM ON WHICH THE APP DEPENDS.

The App does not integrate with, transmit data to, or rely on any third-party analytics, advertising, crash reporting, or backend service.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

USE OF THE APP IS AT YOUR SOLE RISK.

We have no obligation to review, monitor, verify, correct, or update any wheel, slice, label, or content you create through the App.

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY: Fitness for commercial use
• FITNESS FOR A PARTICULAR PURPOSE: Meeting your specific requirements
• NON-INFRINGEMENT: Freedom from third-party intellectual property claims
• SPIN FAIRNESS: Statistical fairness of spin outcomes across arbitrary observation windows; individual spin outcomes are random and can produce streaks or apparent bias in the short term
• RELIABILITY: Uninterrupted, timely, or error-free operation
• DATA PRESERVATION: Preservation or recoverability of any wheel data stored on your device
• COMPATIBILITY: Continued compatibility with future iOS versions or Apple hardware

THE APP DOES NOT PROVIDE PROFESSIONAL, MEDICAL, LEGAL, FINANCIAL, GAMBLING, OR SAFETY-CRITICAL ADVICE. RELIANCE ON THE APP FOR ANY IMPORTANT DECISION OR OBLIGATION IS AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAK ENTERPRISES LLC SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, business, goodwill, or opportunities
• Consequences, gains, losses, disputes, injuries, or damages of any kind arising from decisions made in reliance on a Spinly spin outcome
• Personal injury, emotional distress, or property damage
• Damages resulting from unauthorized access to your device, data loss, or device failure
• Errors, bugs, inaccuracies, or defects in the App
• Third-party conduct, third-party services, or Apple platform behavior
• Service interruption, discontinuation, or cessation of the App
• Any other matter arising from or related to the App

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF: TEN UNITED STATES DOLLARS ($10.00 USD), OR THE TOTAL AMOUNT YOU PAID DAK ENTERPRISES LLC FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if any limited remedy fails of its essential purpose and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS:

• DAK Enterprises LLC
• Its owners, officers, directors, employees, agents, licensors, and affiliates

FROM AND AGAINST ANY AND ALL:

• Claims, demands, actions, or proceedings brought by any third party
• Damages, losses, liabilities, costs, and expenses
• Attorneys' fees and legal costs
• Settlements and judgments

ARISING FROM OR RELATED TO:

• Your use or misuse of the App
• Any content, labels, or data you create or display through the App
• Your violation of these Terms or any applicable law
• Your infringement of any third-party right
• Any decision, action, or omission you take in reliance on a Spinly spin outcome

We reserve the right to assume exclusive defense and control of any matter subject to indemnification. You agree not to settle any such claim without our prior written consent.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] and attempt informal resolution in good faith for at least thirty (30) days.

11.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATING TO THESE TERMS OR THE APP THAT IS NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING ARBITRATION, except for intellectual property disputes and requests for injunctive relief, which may be brought in court.

Arbitration shall be conducted:

• Under the Consumer Arbitration Rules of the American Arbitration Association (AAA)
• By a single arbitrator
• In Naples, Florida, or via remote hearing at the arbitrator's discretion
• In the English language

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.

The arbitrator may not consolidate the claims of multiple parties and may not preside over any form of representative or class proceeding.

11.4 Small Claims Exception

Either party may bring an individual action in small claims court for any claim that qualifies under the rules of that court.

11.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. The notice must include your name, the Apple ID email associated with your Spinly installation, and a clear statement that you wish to opt out of arbitration.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

For any matter not subject to arbitration under Section 11, you and DAK Enterprises LLC consent to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida.

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS OR THE APP.

13. Copyright and Intellectual Property Complaints (DMCA)

If you believe that any content or material available in or through the App infringes your copyright, you may send a notice of alleged infringement to our designated agent under the Digital Millennium Copyright Act (DMCA). The notice must include:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing and sufficient information to locate it
• Your contact information (address, telephone number, email)
• A statement that you have a good-faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

Send DMCA notices to: [email protected] with the subject line "DMCA Notice — Spinly."

14. Term and Termination

14.1 Term

These Terms take effect the first time you install or use the App and continue until terminated in accordance with this Section.

14.2 Termination by You

You may terminate these Terms at any time by uninstalling the App and discontinuing all use.

14.3 Termination by Us

We may terminate or suspend your license to use the App at any time, with or without cause and with or without notice, if we reasonably believe you have violated these Terms.

14.4 Effect of Termination

Upon termination, your license to use the App ends immediately. Sections 6, 8, 9, 10, 11, 12, and 15 survive termination.

15. General Provisions

15.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and DAK Enterprises LLC regarding the App and supersede any prior or contemporaneous understandings.

15.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 No Third-Party Beneficiaries

No third-party beneficiary rights are created by these Terms, except as expressly noted in Section 16 with respect to Apple.

15.6 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, epidemic, pandemic, government action, power failures, or failures of Apple platform services.

15.7 Notices

We may provide notices to you by posting them at https://dakenterprises.dev/spinly/ or by any other reasonable means. Notices to us must be sent by email to [email protected].

16. Apple App Store Terms

Spinly is distributed through the Apple App Store. The following provisions apply to your download and use of the App from the App Store:

• These Terms are between you and DAK Enterprises LLC, not Apple Inc.
• DAK Enterprises LLC is solely responsible for the App and its content
• Your license is limited to use of the App on Apple-branded products you own or control, and as permitted by the Usage Rules in Apple's App Store Terms
• DAK Enterprises LLC, not Apple, is responsible for providing any maintenance and support for the App
• DAK Enterprises LLC, not Apple, is responsible for any warranty claims — express or implied — to the extent not effectively disclaimed above
• DAK Enterprises LLC, not Apple, is responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation
• DAK Enterprises LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim regarding the App
• You represent and warrant that you are not located in any country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you

17. Contact Information

Spinly
Published by DAK Enterprises LLC

Email: [email protected]

18. Acknowledgment

BY INSTALLING OR USING SPINLY, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms
• You agree to be bound by these Terms and the Privacy Policy
• You understand the limitations and disclaimers set out above
• You accept sole responsibility for your use of the App and for the accuracy of any data you enter
• You accept the arbitration agreement and class action waiver in Section 11

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE SPINLY.