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 not or cannot agree to this License Agreement, You are not permitted to use the Software and related services provided by Apps Inc. Do not download or use the Software or any related services in that case. You accept and 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 as its 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 any attachments, and any exhibits there to, which are hereby incorporated by this reference.
“Apple” means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A
“Google” means Google LLC, a California corporation with its principal place of business at 1600 Amphitheater Parkway, Mountain View, California 94043, U.S.A.
“YouTube” means YouTube LLC, a California corporation with its principal place of business at 901 Cherry Ave. San Bruno, CA 94066 USA
“Android” means Google's operating system for mobile and portable devices.
“The Company”, "we," "us," "our," "Apps Ltd," or "Apps Limited" means Apps Limited LLC, a Florida limited liability company with its mailing address at 6300 N Wickham Rd Suite 130 #307 Melbourne, FL 32940 U.S.A. Apps Limited is the sole owner of the iGenapps, brand and all its products and services.
“Software” means the mobile Application available for download and the connected cloud services for hosting apps, content, and data.
“Application” means a web software program developed by You, under Your own trademark or brand, and for specific use with mobile devices or browsers.
“Parties” refers to both You and The Company.
“Authorized Developers” means You, Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty and staff who use the Software from any preinstalled 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 the Software and related services by You, transmitted by the Software and related services by Your request; supplied by 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 is processed by Apps Limited on Your behalf in relation to this Agreement;
“Windows” or “Windows Phone” means any of Microsoft operating systems.
“iGenapps” means our legacy 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 the Software or otherwise exercising rights under this Agreement. For the sake of clarity, You may authorize contractors 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 THE SOFTWARE (AS DEFINED BELOW) THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND APPS LIMITED.
2.1 Permitted Uses and Restrictions
Subject to the terms and conditions of this Agreement, We hereby grants You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install a reasonable number of copies of our Software on iOS or Android devices owned or controlled by You, to be used internally by You or Your Authorized Developers for the sole purpose of developing or testing Applications, unless otherwise specified by Apps Limited.
2.2 Limited License
We are 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 Safari and Chrome.
If You would like to distribute Applications using other methods, such as App Store (as defined below) or sell Applications created with the Software, You will need to compile the created Application into a native format and submit by yourself to any App Store that You desire.
2.4 Ownership
We retain all rights, title, and interest in the Software and any Updates it may make available to You under this Agreement. You agree to cooperate to maintain Our ownership of the Software, and, to the extent that You become aware of any claims relating to the Software, You agree to use reasonable efforts to promptly provide notice of any such claims to Us. The Parties acknowledge that this Agreement does not give Us any ownership interest in Your Applications.
Our website and apps are owned and operated by Us. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Software and related services provided by Us are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Content and Your Applications, all Content contained on the Platform is property of Apps Limited , its parent company, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Apps Limited, its parent company, its affiliates and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or Sponsorship of any person, product, or service. Except as expressly 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 otherwise make unauthorized use of the Content. If Content is downloaded to your computer or mobile phone, You do not obtain 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 any website or server, sell, redistribute, or sublicense the Software or any services, in whole or in part, or to enable others to do so. You may not use the Software or any services provided here under for any purpose not expressly permitted by this Agreement. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Software or any services provided by the Software, or otherwise provided here under, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as maybe permitted by licensing terms governing use of open-sourced components or sample code included with the Software). You agree not to exploit any services provided here under in any unauthorized way whatsoever, including but not limited to, trespassing or burden in network capacity. Any attempt to do so is a violation of the rights of Apps Limited and for third parties. If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by Apps Limited, by implication, estoppel, or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to Apps Limited, including but not limited to iGenapps, Apper or word marks. If You make reference to any Our products or technology or use any trademarks owned by Us, You will need previous written authorization from Us to do so.
2.6 Updates
No Support or Maintenance. We may extend, enhance, or otherwise modify the Software or services provided here under at any time without notice, but We shall not be obligated to provide You with any Updates to the Software. If Updates are made available by Us, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. We are not obligated to provide any maintenance, technical or other support for the Software or services. You acknowledge that We have no express or implied obligation to announce or make available any Updates to the Software or to any services to anyone in the future. Should an Update be made available, it may have APIs, features, services, or functionality that are different from those found in the Software licensed here under or the services provided here under.
2.7 Third-Party Terms
You also agree with the terms of use from content providers such as Google, YouTube, Facebook, Instagram, Twitter, Pinterest, Vimeo, or any other third-party site used within Your App.
3. YOUR OBLIGATIONS
3.1 General
You certify and agree that:
(a) You are an adult in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right, capacity and authority to enter into this Agreement on Your own behalf, or if You are entering into 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 to legally 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 Your Application, including without limitation Licensed Application Information, is and will be current, true, accurate, supportable, and complete and, with regard to information You provide to Us, You must promptly notify Us of any changes to such information. Further, You agree that We may share such information (including email address) with third parties who have a need to know for purposes related to Your 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 monitor and be responsible for Your Authorized Developers' use of the Software and Services and Authorized Test Devices and their compliance with the terms of this Agreement;
(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and or Your Authorized Developers in connection with the Software and services, the Registered Devices, 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 or have not acted in any manner which conflicts or interferes with any existing commitment or 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 by this 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 any Application which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act;
(c) To the best of Your knowledge and belief, Your Application and Licensed Application Information do not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials 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 use or interact the Software and related services in a manner that:
Infringes or violates the intellectual property rights or any other rights of any Third-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 Us in our sole discretion;
Jeopardizes the security of any Apps Limited account (such as allowing someone else to use your login credentials to access the Software and related services), violates the security of any computer network, or cracks any password or security encryption code;· Runs Mail-list, any form of auto-responder or “spam” on the Software and related services, or that otherwise interferes with the proper working of the Software and related services (including by placing an unreasonable load on the Software and related service’s infrastructure);
“Crawls,” “scrapes,” or “spiders” or otherwise collects any page, data, or portion of the 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 program that 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, any services provided by Us 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, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by You and other users through the Software and related services ("User Content"). We do not guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that You think carefully about what You upload to, share with, or make accessible to the Software and related services. You understand and agree that User Content may be made public without any additional notice to or consent by You and You should assume that any person (whether or not a user of Our Software and related services), may read or have access to your User Content. We are not responsible for the use or disclosure of any information that You disclose in connection with User Content, including any personal information. User Content is displayed for information purposes only and reflect the opinions of the person making the content. They are not controlled by, and may not reflect the opinion of, Apps Limited. You understand that all User Content is the sole responsibility of the person from whom such User Content originated. This means that You, and not Us, are entirely responsible for all User Content that You upload, post, email, transmit, or otherwise make available through the Software and related services. We are not liable for any errors or omissions in such content, misrepresentations by other users, or for any damages or loss 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 are not owned or controlled by Us. When You access Third-Party websites or use Third-Party services, You accept that there are risks in doing so, and that We are not responsible for any third-party content or services.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such organizations and/or individuals. You agree that We shall not 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 services any User Content, and reserves the right, in its sole discretion, to refuse to allow any User Content on the Software and related services, or to edit or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, We comply with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a complaint takedown notice. We may, but are not obligated to, monitor, and edit or remove any activity or content, in whole or in part, including but not limited to content that we determine in our sole discretion to violate the standards of this Software and related services. We take no responsibility and assume 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 or app (including, but not limited to pictures, ratings, reviews, and other content to be shown on our website) is “User Content”. You retain all your ownership rights in original aspects of your User Content. By submitting User Content to Us, You hereby grant Apps Limited, our parent company, affiliates, sub-licensees, designees, and assignees of the Software and related services (collectively, the "Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license 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, make available, create derivative works from, and otherwise exploit (collectively, “Use”) all or any part of all User Content and derivatives thereof in connection with the Software and related services and Apps Limited's (and its successors’) 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 other users of the Services; and (iii) providing the Services. You further grant Us a license to use your name, username, email, demographic data, 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, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to your User Content to enable inclusion and use of your User Content in the manner contemplated by Us and theseTerms, and to grant the rights and license set forth above, and(ii) your User Content, Apps Limited or any Apps Limited Licensee’s use of such User Content pursuant to these Terms, and Apps Limited or any of Apps Limited Licensee’s exercise of the license rights set forth above, do not and will not:(a) infringe, violate, or misappropriate 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 any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false 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 any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers 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 a variety of sources and that We do not endorse and are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge 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 AGAINST APPS LIMITED WITH RESPECT THERE TO.
4.6 Feedback
You may be required to rate the Software and related services. If You provide Us with any ratings, comments, bug reports, feedback, or modifications proposed or suggested by You to the Software and related services ("Feedback"), We shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Software and related services. You hereby grant Us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to You or any Third-Party.
4.7 Infringing or Illegal Activity
In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Software and related services and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
For the Content displayed or performed or available on or through the Software and related services, You promise to abide by all copyright notices, trademark rules, data regulations, and restrictions contained in any Content You 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 for any purpose any Content not owned by You, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Apps Limited) rights.
5. CHANGES TO SOFTWARE REQUIREMENTS OR TERMS
We may change the Software Requirements or the terms of this Agreement at any time. New or modified Software Requirements will not retroactively apply to Applications already in distribution, unless specified otherwise.
In order to continue using the Software or any Services provided by Us, You must accept and agree to the 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 Us. You agree that your acceptance of the updated terms or requirements in this Agreement may be provided electronically, including by checking a box, clicking an “agree” button, or visiting our Website.
6. DISTRIBUTION
Applications developed under this Agreement may only be distributed through a web-kit enabled browser or supported devices. If You would like Us to deliver Your Application via any App Store or Market, then You must appoint Us as Your legal agent. This will require additional costs for the Application conversion and there is no guarantee that Apple, Google or Microsoft or any other third party will approve Your Application for distribution.
7. INDEMNIFICATION
To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon our request, 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 and costs, including without limitation, attorneys' fees and court costs (collectively, "Losses"), incurred by an Apps Limited Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; ii) any claims that Your Application, the distribution or metadata, violate or infringe any third party intellectual property or proprietary rights; or (vi) Your use of the Software or services, Your Application, Licensed Application Information, metadata, Registered Devices, or Your development and distribution of any Application. You acknowledge that neither the Software nor any services are intended for use in the development of Applications in which errors or inaccuracies in the content, functionality, services, data or information provided by the Application or the failure of the Application, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend, and hold harmless each Apps Limited Indemnified Party from any Losses incurred by such Apps Limited Indemnified Party by reason of any such use.
In no event may You enter into any settlement or agreement with a third party that affects Apps Limited's rights or 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) or service(s) and it extends for the life of the Application and or Services provided by Apps Limited.
8.2 Termination
This Agreement, along with all rights and licenses granted under it, and any services provided by Us, will terminate immediately upon notice from Apps Limited if:
(a) You or any of Your Authorized Developers fail to comply with any term of this Agreement and do not remedy the breach within 30 days after becoming aware of or receiving notice of it;
(b) the circumstances outlined in the “Severability” subsection occur;
(c) You initiate a patent infringement action against Apps Limited during the Term;
(d) You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful, or dishonest behavior related to this Agreement, including, but not limited to, misrepresenting the nature of Your Application.
Either party may terminate this Agreement for any reason, or no reason, by providing the other party with 30 days’ written notice. We may also terminate this Agreement or suspend Your access to 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 and related services and erase and destroy all copies, full or partial, of any information pertaining to the services. At Our request, You agree to provide written certification of such destruction to Us. After notice of termination of this Agreement, all Applications and Information in our possession or control can be deleted or destroyed within a reasonable time thereafter, excluding any archival copies 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. We will not be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy We may have, 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 be incomplete. Apps Limited, Google or Apple reserves the right to change, suspend, remove, or disable access to the 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 or Apple may also impose limits on the use of or access to certain Services or Functionality, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SOFTWARE AND SERVICES IS AT YOUR OWN RISK. THEY ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THEY WILL MEET YOUR EXPECTATIONS, BE ERROR-FREE, OR OPERATE WITHOUT INTERRUPTIONS. YOU ACCEPT FULL RESPONSIBILITY FOR ANY REPAIRS OR CORRECTIONS NEEDED. NO INFORMATION OR ADVICE PROVIDED BY US CREATES A WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.
Neither Apple, Google nor Apps Limited guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any service. If requested, We cannot guarantee the approval of any app submission done through our services. Apple and Google will decide if Your Application is allowed on their App Store and We are 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/or Google will be reviewing.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPS LIMITED BE LIABLE FOR PERSONAL INJURY, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SOFTWARE. THIS APPLIES REGARDLESS OF THE LEGAL THEORY UNDERLYING THE CLAIM, INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCTS LIABILITY, EVEN IF APPS LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL APPS LIMITED’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED 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 avoid being charged for the next month's Subscription fee (or next year’s fee, depending on Your Subscription plan selected). If You cancel your Subscription, the cancellation will become effective at the end of the current selected period.
NO REFUND WILL BE PROVIDED FOR ANY ONGOING SUBSCRIPTION. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE ACTIVE AND ONGOING.
In such a circumstance, You will continue to have access to Your Subscription until the end of the billing cycle. We reserve the right to offer refunds, discounts, or other consideration in select circumstances at our sole discretion, in case of error admitted by Us. Please note that each circumstance is unique and election to make such an offer in one instance does 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 electronic documentation for the Software and Services, and Your use of such material is governed by their respective terms.
11.3 Consent to Collection and Use of Non-Personal Data
You agree that we may collect, maintain, process, and use diagnostic, technical, usage, and related information, including but not limited to details about your applications, device, or operating system. This information will be gathered periodically in connection with the software and our services, and to ensure compliance with the terms of this agreement. We may use this information in a non-personally identifiable form to enhance the software, related services, and technologies for 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 whole or in part, by You by operation of law, merger, or any other means without Apps Limited's express prior written consent 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 represent to the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for the benefit of any third parties.
11.6 Independent Development
Nothing in this Agreement will impair Our right to develop, acquire, license, market, promote, or distribute 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 Us when sent 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 We send You electronically will satisfy any legal communication requirements. A party may change its email or mailing address 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, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. If applicable law prevents compliance with this Agreement, it will terminate immediately and You must immediately discontinue any use of the Software as described in the Sections 8.1 and 8.2.
11.9 Waiver and Construction
Failure by Apps Limited to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only 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 permitted by United States law, the laws of the jurisdiction where you obtained the Software, and any other applicable laws and regulations. Specifically, the Software may not be exported or re-exported (a) to any U.S. embargoed countries or (b) to individuals on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. Additionally, you agree not to use the Software for any purposes prohibited by U.S. law, including, but not limited to, the development, design, manufacture, or production of nuclear weapons, 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 are used 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 Software Documentation are being licensed to U.S. Government end-users(a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions here in. Unpublished-rights reserved under the copyright laws of the United States.
11.12 Dispute Resolutions; Governing Law
Any litigation or dispute resolution between you and Apps Limited arising from or relating to this Agreement, the Software, or your relationship with us shall take place in Florida. You and Apps Limited consent to the personal jurisdiction and exclusive venue of the state and federal courts in Florida for any such matters. This Agreement will be governed by and construed in accordance with the laws of the United States and the state of Florida, excluding its conflict of laws principles.
If you are an agency, instrumentality, or department of the federal government of the United States, this Agreement will be governed by U.S. law, and in the absence of applicable federal law, the laws of California will apply. Additionally, all claims, demands, complaints, and disputes shall be subject to the Contract Disputes Act (41 U.S.C. §§ 601-613), the Tucker Act (28 U.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.
If you are a U.S. public and accredited educational institution, (a) this Agreement will be governed by the laws of the state in which your institution is domiciled, excluding its conflict of laws principles; and (b) any litigation or dispute resolution will occur in federal court in Florida, with your consent to personal jurisdiction and exclusive venue, unless such consent is prohibited by the laws of your state.
This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded.
11.13 Entire Agreement; Governing Language
This Agreement constitutes the entire understanding between the parties regarding the use of the Software licensed herein and supersedes all prior agreements. Modifications to this Agreement may occur only (a) through a written amendment signed by both parties, or (b) as expressly permitted by this Agreement (for example, by written or email notice from Us). Translations of this Agreement are for local requirements; in case of a dispute between the English and any non-English version, the English version shall prevail. If you are located outside the United States, the parties confirm that they have requested this Agreement and all related documents be drafted in English.
