Terms of Service
These Terms and Conditions constitute an agreement (“Agreement”) between you (“you”, “your”, “user”, “Customer”) and Apptous Systems Ltd (“appto.us”, “us”, “we” or “our”) for application and developer related products or services (“Service” or “Services”). This Agreement governs both the Services and any assigned account (“Account”) used in connection with the Services.
This Agreement governs both the Services and any assigned account (“Account”) used in connection with the Services.
Any of the following actions shall constitute your irrevocable agreement and consent, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services, through the appto.us website (appto.us) or through third party websites and/or applications providing the appto.us single sign on service (the appto.us website is referred to herein as, the “Site”); or (ii) through the use of your Account and password; or (iii) your use of the Site.
This Agreement governs both the Services and any assigned account (“Account”) used in connection with the Services.
You can review the most current version of the Terms of Service at any time at: http://newapptous.wpengine.com/tos.html. Questions about the Terms of Service should be sent to support at appto dot us.
The term of this Agreement begins on the date your register for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof.
USE OF SERVICES & ACCOUNT
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree not to use the Materials, Content, Services, and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or which damages our property.
Certain pages on the Site, or access to the Services and/or your Account, may be accessed only by use of a password and log-in. You are solely responsible for all uses of the Site and/or the Services and/or your Account with your password. You should change your password once each month. You must not transmit any worms or viruses or any code of a destructive nature. If your Services or Accounts are fraudulently used, you agree to immediately notify appto.us of such unauthorized use. We have the right to interrupt, restrict, or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.
EMAIL COMMUNICATIONS FROM APPTO.US TO YOU
YOU AGREE THAT APPTO.US MAY SEND EMAIL MESSAGES TO YOU FROM TIME TO TIME REGARDING PLANNED SERVICE DOWNTIME, NEW FEATURES, AND OTHER COMMUNICATIONS THAT WE BELIEVE OUR USERS WILL WANT TO KNOW ABOUT.
YOU MAY OPT OUT OF RECEIVING THESE EMAILS BY CANCELLING YOUR APPTO.US SERVICE.
WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT If you rely on the representations or warranties of any third parties with respect to the Services (including, without limitation, by dealers or resellers of the Services) beyond those made by appto.us, your sole remedy for such reliance is against the third party making such representation or warranty.
Without derogating from the force of any provision of this Agreement regarding limitation of liability and no warranties, we will make every available effort to keep appto.us Services operational 24 hours a day, 7 days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. We will attempt to provide at least 24 hours of notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control.
WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL APPTO.US, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, BUSINESS PARTNERS, OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF APPTO.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPTO.US ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES, AND ACCOUNT.
IN NO EVENT SHALL APPTO.US, ITS PARENTS, SUBSIDIARIES, AFFILIATES, BUSINESS PARTNERS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
YOU AND APPTO.US AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND APPTO.US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, APPTO.US WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, APPTOUS SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND APPTOUS HEREBY AGREE THAT, NOTWITHSTANDING THE PROVISIONS OF ANY APPLICABLE LAWS, IN NO EVENT SHALL LIABILITY OF APPTOUS TO YOU FOR ANY REASON AND FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN RESPECT OF THE SERVICES PROVIDED TO YOU BY APPTOUS DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.
The provisions of this Section above and all paragraphs contained herein shall survive the termination, revocation or expiration of this Agreement for any reason whatsoever.
INTELLECTUAL PROPERTY OWNERSHIP
All Materials, Services, Accounts, and content, including, but not limited to, policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services (“Content”), are provided by appto.us unless indicated otherwise. All intellectual property rights in the Materials, Content, Services, and Accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of appto.us. appto.us retains all copyrights in the individual pages, and their components, and collective works available at the Site.
The Materials, Content, Services and Accounts are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without appto.us’s prior written permission.
Trademarks and copyrights, including the word “appto.us”, and the appto.us logo, are the property of appto.us. All other names and trademarks are the property of their respective holders.
TERMINATION / CANCELLATION
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link and then on the Usage link where you find the cancellation link/button. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. appto.us, in its sole discretion, has the right to suspend or terminate this agreement and/or your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. appto.us reserves the right to refuse service to anyone for any reason at any time.
You agree that termination of this Agreement or the Service will not relieve you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which termination took effect.
All sections which by their nature or by their express provisions should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Without derogating from the general force of any of the aforesaid, you undertake not to copy,
aggregate, use, transmit, transfer , reproduce or otherwise utilize or manipulate any data or
information available (including but not only in a restricted form) or provided through or by
the Site or Services, for the purpose of provision, whether by yourself or by any third party,
commercially or otherwise, of services similar or identical, in whole or in part, to the Services
provided by or through the Site from time to time and/or for the purpose of competing in any way
or form with the Services provided by the Site from time to time, all whether directly or indirectly.
Any breach of the above provisions shall give rise to a claim against you for damages and/or for
other available remedies under civil law and/or for criminal proceedings against you.
COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, appto.us will cooperate with local, state, federal, international, and/or worldwide government authorities to protect this Site, Materials, Content, Services, Accounts, visitors, customers, appto.us, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts.
LINKS TO OTHER WEB PAGES
The linked sites are not necessarily under the control of appto.us and appto.us is not responsible for the content and accuracy thereof (including any intellectual property notices therein) of any linked site or any link contained in a non-affiliated linked site. appto.us reserves the right to terminate any link or linking program at any time. appto.us has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and appto.us shall not be responsible for notification of any change in name or location of any information on the Site.
Accounts and Security
ApptoUS does not warrant that the functions contained in the Services provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You represent and warrant that you possess the legal right and ability to enter into this Agreement. You agree not to use the Site or Services and your Account for any unlawful or abusive purpose or in any way which interferes with ApptoUS’ ability to operate the Site and to provide Services to ApptoUS customers, or damages ApptoUS property.
Certain pages on the Site or the access to Services and/or your Account may be accessed only by use of a password and log-in. You are solely responsible for all uses of the Site and Services and/or your Account with your password. You should change your password once each month. If your Services or Accounts are fraudulently used, you agree to immediately notify ApptoUS of such unauthorized use. ApptoUS has the right to interrupt, restrict or terminate Services to your Account, without notice to you, if ApptoUS suspects fraudulent or abusive activity. You agree to cooperate with ApptoUS in any fraud investigation and to use any fraud prevention measures ApptoUS prescribes.
We may change or modify this Agreement from time to time, but any such change (a) will be made in good faith, and (b) if significant (as determined in the sole discretion of appto.us), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at our Site (appto.us). If you do not agree to a significant change, you may terminate this Agreement by terminating use of the Services and/or by requesting that we terminate your Services. Your continued use of the Site shall be deemed irrevocable and unconditional acceptance of any such modifications made.
ApptoUS reserves the right to change, modify, suspend or discontinue any portion of the Site and/or the Services at any time and ApptoUS may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. If you do not agree to any such updates, your sole remedy shall be to discontinue the use of the Site.
ApptoUS reserves the right, at any time and from time to time, to change its prices and billing methods for use of the Services, effective immediately upon posting on the Site or by e-mail delivery to you. Unless you notify ApptoUS, immediately upon receipt of the above notice, you will be charged thereon with the new prices so published, without the right to reclaim thereafter any repayments, unless you have paid for an agreed upon period in advance, which in such case the new prices will apply upon termination of such period .
You represent and warrant to ApptoUS that You shall solely be responsible for acquiring all proper license and permits and bear any payment (if necessary) related to the use by you of any third parties’ proprietary technology (including, but not limited to, the payment of royalties). You shall indemnify defend or settle (at its option) and hold harmless ApptoUS from and against any losses, expenses (including reasonable attorney’s fees), damages and claims that arise out of or result from any and all third party claims caused by your breach of the above obligation.
We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of appto.us to a third party or any other business transition or transaction, without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.
WITHOUT DEROGATING FROM THE FORCE OF ANY OTHER PROVISIONS OF INDEMNIFICATION CONTAINED HEREIN, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS APPTO.US, ITS PARENTS, SUBSIDIARIES, AFFILIATES, BUSINESS PARTNERS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON’S USE OF ANY ACCOUNT YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE GROSSLY NEGLIGENT ACTS OF APPTO.US OR ITS EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
By accessing this site, You and appto.us agree that this Agreement shall be governed by and construed in accordance with the laws of Tel Aviv of Israel, excluding that body of law applicable to conflicts of law.
JURISDICTION & VENUE
By accessing this site, You and appto.us agree that any suit, action, or proceeding arising out of or relating to this Agreement shall be instituted only in Tel Aviv, Israel. You and appto.us each waive any objection you or appto.us may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the exclusive jurisdiction of the courts of Tel-Aviv, Israel in any such suit, action or proceeding.
GENERAL INFORMATION, PUBLICITY, ENTIRE AGREEMENT
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
You hereby consent to ApptoUS publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by ApptoUS.
This Agreement constitutes the entire agreement between appto.us and you with respect to your use of the appto.us Site, Materials, Content, Services, and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between appto.us and you with respect thereto.
The failure of appto.us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.