Appcara App360 Terms of Service
Thank you for using App360. By using the Appcara’s App360 service and any related software (collectively the “Service”), you (“You”) accept and agree to be bound by the following terms and conditions (the “Agreement”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.
The Agreement is effective between (a) You and (b) Appcara, Inc., a Delaware corporation (“Appcara”). It is effective as of the date You accept this Agreement.
- Use of the Service
User Accounts. The Service is accessed via individual user accounts (“User Account”). User Accounts are for designated users and cannot be shared or used by more than one user. You are responsible for all activity that takes place on your account. You agree that You are responsible for keeping your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under your account and for any harm that you may cause to the Service.
Limitations of Service. You understand and acknowledge that the Service is being provided in “Beta” form, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Appcara with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, including but not limited to data corruption or loss of data from the Service and from peripherals (including, without limitation, servers and computers) connected thereto. In addition, Appcara is not obligated to provide any maintenance, technical or other support for the Service. You are responsible for backing up, to your own computer or other device, any data that You store or access via the Service.
Changing the Service. Appcara reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to You. You agree that Appcara shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that Appcara has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future. YOU SHOULD FREQUENTLY BACK UP DATA THAT YOU ENTER INTO THE SERVICE AND APPLICATIONS THAT YOU CREATE USING THE SERVICE. IF APPCARA CEASES PROVIDING THE SERVICE, SUCH DATA AND APPLICATIONS MAY BECOME PERMANENTLY LOST.
Prohibited Uses of Service. Please note the following prohibitions apply to the Service, as provided to you by Appcara. Nothing in this Section prevents you from creating your own service with different terms and conditions. You may not access the Service for the purpose of monitoring its availability, performance and functionality, or for any other benchmarking or competitive purposes. Your use of the Service must be in accordance with the documentation. You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with this Agreement and any applicable policies or guidelines.
If You are located outside of the United States, You further agree to comply with Your own local laws regarding online conduct and acceptable content.
Revocation. Appcara reserves the right to revoke a user generated name or account anytime the name or account is being used to abuse the Service, confuse or mislead users or is generally offensive.
- Proprietary Rights
Reservation of Rights.Subject to the limited rights expressly granted hereunder, Appcara reserves all right, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
Your Applications and Code. If You create online applications or program code using the Service, You authorize Appcara to host, copy, transmit, display and adapt such applications and program code, solely as necessary for Appcara to provide the Service in accordance with this Agreement. Subject to the above, Appcara acquires no right, title or interest from You or Your licensors under this Agreement in or to such applications or program code, including any intellectual property rights therein.
Restrictions. You shall not (i) permit any third party to access the Service or (ii) frame or mirror any third party content of the Service, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes.
Ownership of Your Data. As between Appcara and You, You exclusively own all right, title and interest in and to all of Your data. You will be solely responsible for the accuracy, quality, integrity and legality of Your data and of the means by which You acquired Your data,
Suggestions. As part of using the Service, you agree to submit comments, suggestions and other feedback regarding your use of the Service. You agree that Appcara will be free to use any feedback you provide for any purpose and that Appcara shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use, and exploit without restriction, any suggestions, enhancement requests, recommendations or other feedback provided by You.
You agree to hold harmless and indemnify Appcara, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service or violation of this Agreement, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Appcara will provide You with written notice of such claim, suit or action.
- Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
APPCARA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. APPCARA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPCARA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability
YOU UNDERSTAND AND AGREE THAT APPCARA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF APPS360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU..
- Term and Termination
Term and Termination. The term of this Agreement shall commence on the date upon which You agree to the Agreement and shall continue in force thereafter until Appcara announces the termination of the Beta. Additionally, either party may terminate this Agreement at any time for any reason or no reason by providing the other party written notice thereof.
Survival. In the event of any termination or expiration of the Agreement for any reason, Sections 2, 4, 5, 6, 7, 8, and 9 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating this Agreement in accordance with its terms.
- General Information
Choice of Law and Forum. The Agreement and the relationship between You and Appcara shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Appcara agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms., The failure of Appcara to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provisi on. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Appcara and You.
Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Appcara services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Trademark License. You hereby grant to Appcara a nontransferable, nonexclusive license during the Term of the Agreement to use your trademark to advertise that You are using the Service.
Entire Agreement. This Agreement and the documents referenced herein constitute the entire agreement between You and Appcara and govern your use of the Service, superseding any prior agreements between You and Appcara. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Appcara services, affiliate services, third-party content or third-party software. There are no third-party beneficiaries to this Agreement.