Terms of Use
1. ACCEPTING THIS AGREEMENT
1.1 Acceptance
In order to use the Software and related services, You must first agree to this License Agreement. If You do notor cannot agree to this License Agreement, You are not permitted to use the Software and related servicesprovided by Apps Limited. Do not download or use the Software or any related services in that case. You acceptand agree to the terms of this License Agreement on Your own behalf and/or on behalf of Your company,organization, educational institution, or agency, instrumentality, or department of the federal government asits authorized legal representative, by downloading and installing the Software.
1.2 Definitions
Whenever capitalized in this Agreement:
• "Agreement” means this Terms and Conditions License Agreement, including anyattachments, and any exhibits thereto, which are hereby incorporated by this reference.
• “Apple” means Apple Inc., a California corporation with its principal place of businessat One Infinite Loop, Cupertino, California 95014, U.S.A
• “Google” means Google LLC, a California corporation with its principal place of businessat 1600 Amphitheatre Parkway, Mountain View, California 94043, U.S.A.
• “YouTube” means YouTube LLC, a California corporation with its principal place ofbusiness at 901 Cherry Ave. San Bruno, CA 94066 USA
• “Android” means Google's operating system for mobile and portable devices.
• “Apps Limited” means Apps Limited LLC, a Florida limited liability company with itsmailing address at 6300 N Wickham Rd Suite 130 #307 Melbourne, FL 32940 U.S.A. Apps Limited is the sole owner ofthe iGenapps, brand and all its products and services.
• “Software” means the mobile Application available for download and the connected cloudservices for hosting apps, content, and data.
• “Application” means a web software program developed by You, under Your own trademark orbrand, and for specific use with mobile devices or browsers.
• “Parties” refers to both You and Apps Limited.
• “Authorized Developers” means You, Your employees and contractors, members of Yourorganization or, if You are an educational institution, Your faculty and staff who use the Software from anypreinstalled device to develop and test Applications.
• “Term” means the period for which You or any user will be served.
• “Updates” means bug fixes, updates, upgrades, modifications, enhancements, supplements,and new releases or versions of the Software, or to any part of the Software.
• “User Content” means all data, works and materials: uploaded to or stored on theSoftware and related services by You, transmitted by the Software and related services by Your request; suppliedby You to Apps Limited for uploading to, transmission by or storage on the Software and related services;generated by the Software and related services as a result of the use of the Services; or personal data that isprocessed by Apps Limited on Your behalf in relation to this Agreement;
• “Windows” or “Windows Phone” means any of Microsoft operating systems.
• “iGenapps” means iGenapps or Apper mobile app.
• “You” and “Your” means and refers to the person(s) or legal entity (whether the company,organization, educational institution, or governmental agency, instrumentality, or department) using theSoftware or otherwise exercising rights under this Agreement. For the sake of clarity, You may authorizecontractors to develop Applications on Your behalf, but any such Applications must comply with this Agreement.
2. USER LICENSE AGREEMENT AND RESTRICTIONS
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THESOFTWARE (AS DEFINED BELOW) THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPSLIMITED.
2.1 Permitted Uses and Restrictions
Subject to the terms and conditions of this Agreement, Apps Limited hereby grants You during the Term, a limited,non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install a reasonablenumber of copies of our Software on iOS or Android devices owned or controlled by You, to be used internally byYou or Your Authorized Developers for the sole purpose of developing or testing Applications, unless otherwisespecified by Apps Limited.
2.2 Limited License
Apps Limited is willing to grant You a limited license to use the Software to develop web-enabled Applications,in accordance with the terms and conditions set forth in this Agreement.
2.3 Distribution
Applications developed under this Agreement can be distributed only through web-enabled browsers such as Safariand Chrome.
10. If You would like to distribute Applications using other methods, such as App Store (as defined below) orsell Applications created with the Software, You will need to compile the created Application into a nativeformat and submit by yourself to any App Store that You desire.
2.4 Ownership
Apps Limited retains all rights, title, and interest in the Software and any Updates it may make available to Youunder this Agreement. You agree to cooperate to maintain Apps Limited's ownership of the Software, and, to theextent that You become aware of any claims relating to the Software, You agree to use reasonable efforts topromptly provide notice of any such claims to Apps Limited. The Parties acknowledge that this Agreement does notgive Apps Limited any ownership interest in Your Applications.
The Apps Limited website and apps are owned and operated by Apps Limited. The content, recordings, visualinterfaces, graphics, design, compilation, information, computer code, products, software (including anydownloadable software), or any music, images, video, text, services, and all other material or elements of oravailable through the Software and related services provided by Apps Limited("Content") are protected by thecopyright, trade dress, patent, and trademark laws of the United States and other countries, internationalconventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Exceptfor your User Content and Your Applications, all Content contained on the Platform is property of Apps Limitedor its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, andtrade names are proprietary to Apps Limited or its affiliates and/or third-party licensors whether registered orunregistered and may not be used in connection with any product or service or in any manner that is likely tocause confusion as to our endorsement, affiliation or Sponsorship of any person, product, or service. Except asexpressly authorized by Apps Limited, You agree not to sell, license, distribute, copy, modify, download,record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwisemake unauthorized use of the Content. If Content is downloaded to your computer or mobile phone, You do notobtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved.
2.5 No Other Permitted Uses
Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on anywebsite or server, sell, redistribute, or sublicense the Software or any services, in whole or in part, or toenable others to do so. You may not use the Software or any services provided hereunder for any purpose notexpressly permitted by this Agreement. You may not and You agree not to, or to enable others to, copy (except asexpressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive thesource code of, modify, decrypt, or create derivative works of the Software or any services provided by theSoftware, or otherwise provided hereunder, or any part thereof (except as and only to the extent any foregoingrestriction is prohibited by applicable law or to the extent as maybe permitted by licensing terms governing useof open-sourced components or sample code included with the Software). You agree not to exploit any servicesprovided hereunder in any unauthorized way whatsoever, including but not limited to, trespassing or burdeningnetwork capacity. Any attempt to do so is a violation of the rights of Apps Limited and for third parties. IfYou breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses notexpressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or impliedare granted by Apps Limited, by implication, estoppel, or otherwise. This Agreement does not grant You anyrights to use any trademarks, logos or service marks belonging to Apps Limited, including but not limited toiGenapps, Apper or word marks. If You make reference to any Apps Limited products or technology or use anytrademarks owned by Apps Limited, You will need previous written authorization from Apps Limited to do so.
2.6 Updates
No Support or Maintenance. Limited may extend, enhance, or otherwise modify the Software or services providedhereunder at any time without notice, but Apps Limited shall not be obligated to provide You with any Updates tothe Software. If Updates are made available by Apps Limited, the terms of this Agreement will govern suchUpdates, unless the Update is accompanied by a separate license in which case the terms of that license willgovern. Apps Limited is not obligated to provide any maintenance, technical or other support for the Software orservices. You acknowledge that Apps Limited has no express or implied obligation to announce or make availableany Updates to the Software or to any services to anyone in the future. Should an Update be made available, itmay have APIs, features, services, or functionality that are different from those found in the Software licensedhereunder or the services provided hereunder.
2.7 Third-Party Terms
You also agree with the terms of use from content providers such as YouTube, Facebook, Instagram, Twitter, Pinterest, Vimeo, or any other third-party site used within Your App.
3. YOUR OBLIGATIONS
3.1 General
You certify to Apps Limited and agree that:
(a) You are an adult in the jurisdiction in which You reside (at least 18 years of age in many countries) andhave the right, capacity and authority to enter into this Agreement on Your own behalf, or if You are enteringinto this Agreement on behalf of Your company, organization, educational institution, or agency,instrumentality, or department of the federal government, that You have the right, capacity and authority tolegally bind such entity or organization to the terms and obligations of this Agreement;
(b) All information provided by You to Apps Limited or Your end-users in connection with this Agreement or YourApplication, including without limitation Licensed Application Information, is and will be current, true,accurate, supportable, and complete and, with regard to information You provide to Apps Limited, You willpromptly notify Apps Limited of any changes to such information. Further, You agree that Apps Limited may sharesuch information (including email address) with third parties who have a need to know for purposes related toYour Application (e.g., intellectual property questions, customer service inquiries, etc.);
(c) You will comply with the terms of and fulfill Your obligations under this Agreement and You agree to monitorand be responsible for Your Authorized Developers' use of the Software and Services and Authorized Test Devicesand their compliance with the terms of this Agreement;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activitiesundertaken by You and or Your Authorized Developers in connection with the Software and services, the RegisteredDevices, Your Applications and Your related development and distribution efforts, including, but not limited to,any related development efforts, network and server equipment, Internet service(s), or any other hardware,software or services used by You in connection with Your use of any services;
(e) You are not acting and will not act in any manner which conflicts or interferes with any existing commitmentor obligation You may have, and no agreement previously entered into by You interferes or will interfere withYour performance of Your obligations under this Agreement.
3.2 Use of the Software
As a condition to using the Software and any Services, You agree that:
(a) You will only use the Software and any Services for the purposes and in the manner expressly permitted bythis Agreement and in accordance with all applicable laws and regulations;
(b) You will not use the Software or any Services for any unlawful or illegal activity, nor to develop anyApplication which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegalact;
(c) To the best of Your knowledge and belief, Your Application and Licensed Application Information do not andwill not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy andpublicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performancerights, video rights, photography or image rights, logo rights, third party data rights, etc. for content andmaterials that may be included in Your Application);
(d) You represent, warrant, and agree that You will not contribute any content or User Content or otherwise useor interact the Software and related services in a manner that:
• Infringes or violates the intellectual property rights or any other rights of anyThird-Party or Apps Limited;
• Violates any law or regulation;
• Is abusive, fraudulent, deceptive, threatening, defamatory, obscene, hateful,inaccurate, libelous, pornographic, or otherwise objectionable as determined by Apps Limited in its solediscretion;
• Jeopardizes the security of any Apps Limited account (such as allowing someone else touse your login credentials to access the Software and related services), violates the security of any computernetwork, or cracks any password or security encryption code;· Runs Mail-list, Listserv, any form ofauto-responder or “spam” on the Software and related services, or that otherwise interferes with the properworking of the Software and related services (including by placing an unreasonable load on the Software andrelated service’s infrastructure);
• “Crawls,” “scrapes,” or “spiders” or otherwise collects any page, data, or portion ofthe Software and related services or content (whether through manual or automated means);
• Copies or stores any portion of the content;
(e) You will not, through use of the Software, services or otherwise, create any Application or other programthat would disable, hack or otherwise interfere with any security, digital signing, digital rights management,verification or authentication mechanism implemented in or by the iOS, Android or Windows, this Software, anyservices provided by Apps Limited or other software or technology, or enable others to do so;
(f) You will not, directly or indirectly, commit any act intended to interfere with the Software or Services.
4. USER CONTENT
4.1 General
The Software and related services provide certain features which enable You and other users to submit, post, andshare content, which may include without limitation text, graphic and pictorial works, or any other contentsubmitted by You and other users through the Software and related services ("User Content"). Apps Limited doesnot guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends thatYou think carefully about what You upload to, share with, or make accessible to the Software and relatedservices. You understand and agree that User Content may be made public without any additional notice to orconsent by You and You should assume that any person (whether or not a user of Apps Limited’s Software andrelated services), may read or have access to your User Content. Apps Limited is not responsible for the use ordisclosure of any information that You disclose in connection with User Content, including any personalinformation. User Content is displayed for information purposes only and reflect the opinions of the personmaking the content. They are not controlled by, and may not reflect the opinion of, Apps Limited. You understandthat all User Content is the sole responsibility of the person from whom such User Content originated. Thismeans that You, and not Apps Limited, are entirely responsible for all User Content that You upload, post,email, transmit, or otherwise make available through the Software and related services. Apps Limited is notliable for any errors or omissions in such content, misrepresentations by other users, or for any damages orloss You might suffer in connection with such content or interactions.
The Software and related services may contain links or connections to Third-Party websites or services that arenot owned or controlled by Apps Limited. When You access Third-Party websites or use Third-Party services, Youaccept that there are risks in doing so, and that Apps Limited is not responsible for any third-party content orservices.
Your interactions with organizations and/or individuals found on or through the Services, including paymentand delivery of goods or services, and any other terms, conditions, warranties, or representations associated withsuch dealings, are solely between You and such organizations and/or individuals. You agree that Apps Limited shallnot be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
4.2 Right to Remove or Edit User Content
Apps Limited makes no representations that it will publish or make available on the Software and related servicesany User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content on theSoftware and related services, or to edit or remove any User Content at any time with or without notice. Withoutlimiting the generality of the preceding sentence, Apps Limited complies with the Digital Millennium CopyrightAct, and will remove User Content upon receipt of a complaint takedown notice. Apps Limited may, but is notobligated to, monitor, and edit or remove any activity or content, in whole or in part, including but notlimited to content that Apps Limited determines in its sole discretion to violate the standards of this Softwareand related services. Apps Limited takes no responsibility and assumes no liability for any User Content.
4.3 License Grant by You to Apps Limited
Anything You post, upload, share, store, or otherwise provide on or through the Software and related services orapp (including, but not limited to pictures, ratings, reviews, and other content to be shown on the Apps Limitedwebsite) is “User Content”. You retain all your ownership rights in original aspects of your User Content. Bysubmitting User Content to Apps Limited, You hereby grant Apps Limited and its affiliates, sub-licensees,designees, and assignees of the Software and related services (collectively, the "Apps Limited Licensees") aworldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferablelicense to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate,prepare derivative works of, publicly display, publish, publicly perform, communicate to the public, makeavailable, create derivative works from, and otherwise exploit (collectively, “Use”) all or any part of all UserContent and derivatives thereof in connection with the Software and related services and Apps Limited's (and itssuccessors’) business, for any purpose, including, without limitation, the purposes of (i) advertising,marketing, and promoting Apps Limited and the Services; (ii) displaying and sharing your User Content to otherusers of the Services; and (iii) providing the Services. You further grant Apps Limited a license to use yourusername, image, voice, and likeness to identify You as the source of any of your User Content.
4.4 User Content Representations and Warranties
You are solely responsible for your own User Content and the consequences of posting, sharing, displaying,publishing them or otherwise making them available. In connection with User Content, You affirm, represent, andwarrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use andauthorize Apps Limited to use all patent, trademark, copyright, or other proprietary rights in and to your UserContent to enable inclusion and use of your User Content in the manner contemplated by Apps Limited and theseTerms, and to grant the rights and license set forth above, and(ii) your User Content, Apps Limited or any AppsLimited Licensee’s use of such User Content pursuant to these Terms, and Apps Limited or any of Apps LimitedLicensee’s exercise of the license rights set forth above, do not and will not:(a) infringe, violate, ormisappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right,privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain anymaterial that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposelyfalse or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm togroups or individuals, or consists of or contain software, computer viruses, commercial solicitation, politicalcampaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice orfalse advertising; (c) violate any applicable law or regulation or these Terms or; (d) exploits minors; or (e)require obtaining a license from or paying fees or royalties to You or any Third-Party for the exercise of anyrights granted in these Terms, including, by way of example and not limitation, the payment of any royalties toany copyright owners, including any royalties to any agency, collection society, or other entity thatadministers such rights on behalf of others.
4.5 Inaccurate or Offensive User Content
You understand that when using the Software and related services, You may be exposed to User Content from avariety of sources and that Apps Limited does not endorse and is not responsible for the accuracy, usefulness,safety, or intellectual property rights of or relating to such User Content. You further understand andacknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable.YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINSTAPPS LIMITED WITH RESPECT THERETO.
4.6 Feedback
You may be required to rate the Software and related services. If You provide Apps Limited with any ratings,comments, bug reports, feedback, or modifications proposed or suggested by You to the Software and relatedservices ("Feedback"), Apps Limited shall have the right to use such Feedback at its discretion, including, butnot limited to the incorporation of such suggested changes into the Software and related services. You herebygrant Apps Limited a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate anduse your Feedback for any purpose without notice to, consent by or compensation to You or any Third-Party.
4.5 Infringing or Illegal Activity
In the event of infringing or other illegal activities, we have no obligation to, but reserve the right toterminate access to the Software and related services and remove all content submitted by any persons who arefound to be infringers. Any suspected illegal activity may be referred to appropriate law enforcementauthorities. These remedies are in addition to any other remedies Apps Limited may have at law or in equity.
For the Content displayed or performed or available on or through the Software and related services, You promiseto abide by all copyright notices, trademark rules, data regulations, and restrictions contained in any ContentYou access through the Services, and You agree not to use, copy, reproduce, modify, translate, publish,broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit forany purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) ina way that violates someone else’s (including Apps Limited’) rights.
5. CHANGES TO SOFTWARE REQUIREMENTS OR TERMS
Apps Limited may change the Software Requirements or the terms of this Agreement at any time. New or modifiedSoftware Requirements will not retroactively apply to Applications already in distribution, unless specifiedotherwise.
In order to continue using the Software or any Services provided by Apps Limited, You must accept and agree tothe new Requirements and/or new terms of this Agreement. If You do not agree to new Requirements or new terms,Your use of the Software and any Apps Limited services will be suspended or terminated by Apps Limited. Youagree that Your acceptance of such new Agreement terms or Requirements may be electronically, including withoutlimitation, by Your checking a box or clicking on an "agree" button or similar button. Or by visiting thisWebsite (iGenApps.com).
6. DISTRIBUTION
Applications developed under this Agreement may only be distributed through a web-kit enabled browser orsupported devices. If You would like Apps Limited to deliver Your Application via any App Store or Market, thenYou must appoint Apps Limited as Your legal agent. This will require additional costs for the Applicationconversion and there is no guarantee that Apple, Google or Microsoft or any other third party will approve YourApplication for distribution.
7. INDEMNIFICATION
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon Apps Limited'srequest, defend, Apps Limited, its directors, officers, employees, independent contractors and agents (each an"Apps Limited Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses andcosts, including without limitation, attorneys' fees and court costs (collectively, "Losses"), incurred by anApps Limited Indemnified Party and arising from or related to any of the following: (i) Your breach of anycertification, covenant, obligation, representation or warranty in this Agreement; ii) any claims that YourApplication, the distribution or metadata, violate or infringe any third party intellectual property orproprietary rights; or (vi) Your use of the Software or services, Your Application, Licensed ApplicationInformation, metadata, Registered Devices, or Your development and distribution of any Application. Youacknowledge that neither the Software nor any services are intended for use in the development of Applicationsin which errors or inaccuracies in the content, functionality, services, data or information provided by theApplication or the failure of the Application, could lead to death, personal injury, or severe physical orenvironmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend, and holdharmless each Apps Limited Indemnified Party from any Losses incurred by such Apps Limited Indemnified Party byreason of any such use.
In no event may You enter into any settlement or agreement with a third party that affects Apps Limited's rightsor binds Apps Limited in any way, without the prior written consent of Apps Limited.
8. TERM AND TERMINATION
8.1 Term
The Term of this Agreement shall begin on the day You create an account and register for our product(s) orservice(s) and it extends for the life of the Application and or Services provided by Apps Limited.
8.2 Termination
This Agreement and all rights and licenses granted by Apps Limited hereunder and any Services provided hereunderwill terminate, effective immediately upon notice from Apps Limited:
(a) if You or any of Your Authorized Developers fail to comply with any term of this Agreement and fail to curesuch breach within 30 days after becoming aware of or receiving notice of such breach;
(b) in the event of the circumstances described in the subsection entitled "Severability" below;
(c) if You, at any time during the Term, commence an action for patent infringement against Apps Limited;
(d) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful, or dishonestact relating to this Agreement, including, but not limited to, misrepresenting the nature of Your Application.
Either party may terminate this Agreement of its convenience, for any reason or no reason, effective 30 daysafter providing the other party with written notice of its intent to terminate. Apps Limited may also terminatethis Agreement or suspend Your rights to use the Software and/or Services.
8.3 Effect of Termination
Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the Software andrelated services and erase and destroy all copies, full or partial, of any information pertaining to theservices. At Apps Limited's request, You agree to provide written certification of such destruction to AppsLimited. After notice of termination of this Agreement, all Applications and Information in Apps Limited'possession or control can be deleted or destroyed within a reasonable time thereafter, excluding any archivalcopies required to be maintained by applicable law, rule or regulation.
For the avoidance of doubt, upon any termination of this Agreement, You may not make available any content,functionality, or services through the use of the Software or Services. Apps Limited will not be liable forcompensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with itsterms, and termination of this Agreement will be without prejudice to any other right or remedy Apps Limited mayhave, now or in the future.
9. NO WARRANTY
The Software may contain inaccuracies or errors that could cause failures or loss of data and it may beincomplete. Apps Limited, Google or Apple reserves the right to change, suspend, remove, or disable access tothe Software or any Services at any time without notice. In no event will Apps Limited, Google nor Apple beliable for the removal of or disabling of access to any such Services or Functionality. Apps Limited, Google orApple may also impose limits on the use of or access to certain Services or Functionality, in any case andwithout notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND ANYSERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY ANDEFFORT IS WITH YOU. THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES AREPROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPS LIMITED HEREBYDISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATEDSOFTWARE AND ANY FUTURE CHANGES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIEDWARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,TIMELINESS, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPS LIMITED DOES NOT WARRANT AGAINST INTERFERENCE WITHYOUR ENJOYMENT OF THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES, THAT THESOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL MEET YOUR REQUIREMENTS, THATTHE OPERATION OF THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE, SECURITY, SERVICES,SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL BECORRECTED, OR THAT THE SOFTWARE, SECURITY, SERVICES,SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL BE COMPATIBLE WITH FUTURE APPLE AND ANDROID PRODUCTS,SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY SOFTWARE, SECURITY, SERVICES,SERVICE-RELATED SOFTWARE AND ANY FUTURE CHANGES WILL NOT BE LOST, CORRUPTED OR DAMAGED. NO ORAL OR WRITTENINFORMATION OR ADVICE GIVEN BY APPS LIMITED OR AN APPS LIMITED AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTYNOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SOFTWARE, SECURITY, SERVICES, SERVICE-RELATED SOFTWARE ANDANY FUTURE CHANGES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Neither Apple, Google nor Apps Limited guarantees the availability, accuracy, completeness, reliability, ortimeliness of location data or any other data or information displayed by any service. If requested, AppsLimited cannot guarantee the approval of any app submission done through our services. Apple and Google willdecide if Your Application is allowed on their App Store and Apps Limited is just a facilitator in that process.The user will have full responsibility and control on what the app will contain which will be what Apple and/orGoogle will be reviewing.
10. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL APPS LIMITED BE LIABLE FOR PERSONAL INJURY, ORANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,WHETHERUNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTSLIABILITY, OR OTHERWISE, EVENIF APPS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OFESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL APPS LIMITED'S LIABILITY TO YOU, UNDER THIS AGREEMENT, FORALL DAMAGES SHOULD EXCEED THE AMOUNT OF FIFTY DOLLARS ($50).
11. GENERAL LEGAL TERMS
11.1 Cancellation, No-Refund Policy, and US Currency
You can cancel your Subscription at any time.Please note that You must cancel your Subscription before it renews for a subsequent month in order to avoidbeing charged for the next month's Subscription fee (or next year’s fee, depending on Your Subscription planselected). If You cancel your Subscription, the cancellation will become effective at the end of thethen-current monthly Subscription period.
REFUNDS WILL NOT BE PROVIDED FORANY SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FORSUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH or MID-YEAR. In such a circumstance, You will continue to have accessto your Subscription until the end of the monthly billing cycle. We reserve the right to offer refunds,discounts, or other consideration in select circumstances at its sole discretion, in case of error admitted byApps Limited. Please note that each circumstance is unique and election to make such an offer in one instancedoes not create the obligation to do so in another.
All payments shall be made in U.S. currency, unless another currency is specified.
11.2 Third Party Notices
Portions of the Software or Services may utilize or include third party software and other copyrighted material.Acknowledgements, licensing terms and disclaimers for such material are contained in the electronicdocumentation for the Software and Services, and Your use of such material is governed by the irrespectiveterms.
11.3 Consent to Collection and Use of Non-Personal Data
You agree that Apps Limited may collect, maintain, process and use diagnostic, technical, usage and relatedinformation, including but not limited to information about Your Applications, device or operating system thatis gathered periodically related to the Software and Apps Limited services, and to verify compliance with theterms of this Agreement. Apps Limited may use this information, as long as it is in a form that does notpersonally identify You, to improve the Software, related services or technologies to You and our customers.
11.4 Assignment
This Agreement may not be assigned, nor may any of Your obligations under this Agreement be delegated, in wholeor in part, by You by operation of law, merger, or any other means without Apps Limited's express prior writtenconsent and any attempted assignment without such consent will be null and void.
11.5 Relationship of Parties
This Agreement will not be construed as creating any other agency relationship, or a partnership, joint venture,fiduciary duty, or any other form of legal association between You and Apps Limited, and You will not representto the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for thebenefit of any third parties.
11.6 Independent Development
Nothing in this Agreement will impair Apps Limited's right to develop, acquire, license, market, promote, ordistribute products or technologies that perform the same or similar functions as, or otherwise compete with,Applications or any other products or technologies that You may develop, produce, market, or distribute.
11.7 Notices
Any notices relating to this Agreement shall be in writing. Notices will be deemed given by Apps Limited whensent to You at the email address You provided during the sign-up process.
You consent to receive notices by email and agree that any such notices that Apps Limited sends Youelectronically will satisfy any legal communication requirements. A party may change its email or mailingaddress by giving the other written notice as described above.
11.8 Severability
If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, thatclause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of theparties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable lawprohibits or restricts You from fully and specifically complying with this Agreement will immediately terminateand You must immediately discontinue any use of the Software as described in the Section entitled "Term andTermination."
11.9 Waiver and Construction
Failure by Apps Limited to enforce any provision of this Agreement shall not be deemed a waiver of futureenforcement of that or any other provision. Any laws or regulations that provide that the language of a contractwill be construed against the drafter will not apply to this Agreement. Section headings are for convenienceonly and are not to be considered in construing or interpreting this Agreement.
11.10 Export Control
You may not use, export, re-export, import, sell or transfer the Software except as authorized by United Stateslaw, the laws of the jurisdiction in which You obtained the Software, and any other applicable laws andregulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into anyU.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially DesignatedNationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, Yourepresent and warrant that You are not located in any such country or on any such list. You also agree that Youwill not use the Software for any purposes prohibited by United States law, including, without limitation, thedevelopment, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
11.11 Government End-users
The Software and any related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ¤2.101,consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms areused in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202, as applicable. Consistent with 48 C.F.R. ¤12.212 or 48 C.F.R.¤227.7202-1 through227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer SoftwareDocumentation are being licensed to U.S. Government end-users(a) only as Commercial Items and (b) with onlythose rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11.12 Dispute Resolutions; Governing Law
Any litigation or other dispute resolution between You and Apps Limited arising out of or relating to thisAgreement, the Software, or Your relationship with Apps Limited will take place in the jurisdiction of Florida,and You and Apps Limited hereby consent to the personal jurisdiction of and exclusive venue in the state andfederal courts within the state of Florida with respect to any such litigation or dispute resolution. ThisAgreement will be governed by and construed in accordance with the laws of the United States and the state ofFlorida, except that body of Florida law concerning conflicts of law. Notwithstanding the foregoing, if You arean agency, instrumentality, or department of the federal government of the United States, then this Agreementshall be governed in accordance with the laws of the United States of America, and in the absence of applicablefederal law, the laws of the State of California will apply. Further, and not withstanding anything tothe contrary in this Agreement (including but not limited to Section 11 (Indemnification)), all claims, demands,complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. ¤¤601-613), the Tucker Act (28U.S.C. ¤ 1346(a) and ¤ 1491), or the Federal Tort Claims Act (28 U.S.C.¤¤ 1346(b), 2401-2402, 2671-2672,2674-2680), as applicable, or other applicable governing authority.
If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution, then(a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) inwhich Your educational institution is domiciled, except that body of state law concerning conflicts of law; and(b) any litigation or other dispute resolution between You and Apps Limited arising out of or relating to thisAgreement, the Software, or Your relationship with Apps Limited will take place in federal court within Florida,and You and Apps Limited hereby consent to the personal jurisdiction of and exclusive venue in the state andfederal court within the state of Florida unless such consent is expressly prohibited by the laws of the statein which Your educational institution is domiciled.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale ofGoods, the application of which is expressly excluded.
11.13 Entire Agreement; Governing Language
This Agreement constitutes the entire agreement between the Parties with respect to the use of the Softwarelicensed hereunder and supersedes all prior understandings. This Agreement may be modified only: (a) by awritten amendment signed by both parties, or (b) to the extent expressly permitted by this Agreement (forexample, by Apps Limited by written or email notice to You). Any translation of this Agreement is donefor local requirements and in the event of a dispute between the English and any non-English version, theEnglish version of this Agreement shall govern. If You are located in any country other than the United States,the following clause applies: The parties hereby confirm that they have requested that this Agreement and allrelated documents be drafted in English.
