Terms and Conditions
Use of the Service
- If you subscribe to the Service on behalf of a business, you represent to Apptonize Services that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business. You further agree that Apptonize Services may use the name and logo of that business on Apptonize Services’s website and other promotional material as a customer of the Service.
- As long as you comply with this Agreement, Apptonize Services grants you a limited, revocable, nonexclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. Apptonize Services grants you no other rights, implied or otherwise.
- You may not use the Service to disseminate any unlawful or other objectionable material, or to harm others or the Service itself. For example, you must not: (i) use the Service to harm, threaten, or harass another person, organization, or Apptonize Services; (ii) damage, disable, overburden, or impair the Service; (iii) resell or redistribute any part of the Service or access to the Service, including the sale or purchase of an Account; (iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Service; (v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by Apptonize Services, or metasearching) to access or use the Service, or to copy or scrape data from the Service; or (vi) obtain (or try to obtain) any data from the Service, except the data that we intend to make available to you.
- By using the Service, you grant Apptonize Services a worldwide, irrevocable, non-exclusive, royalty free license to use all material (including without limitation text, images and other visual material, hereafter referred to as the “User Content”) you upload or post to the Service. The content as given will not be shared with Third Parties except for the Parties as chosen by you. You hereby acknowledge that all content as posted to the Service is already publicly available.
- You may not upload or post to the Service or otherwise use in any way in connection with your use of the Service User Content which includes any text, images or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right. The burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your violation of this prohibition. All trademarks and/or service marks displayed on the Service are the exclusive property of their respective owners, and may not be used without the owner’s permission.
- Apptonize Services does not claim ownership of the User Content. Although Apptonize Services reserves the right to edit or remove any User Content you upload or post to the Service, we do not control or verify the User Content that you upload or post to the Service, nor do we undertake to monitor the User Content uploaded or posted to the Service.
- You control who may access your User Content. When you give others access to your User Content on the Service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public such User Content solely in connection with the Service. If the User Content includes a photograph or other digital image, you also expressly waive any and all rights of privacy and publicity with respect to the image. If you do not want others to have those rights, do not use the Service to share your User Content.
- Apptonize Services may need, and you hereby grant to Apptonize Services the right, to use, modify, adapt, reproduce, distribute, publish and display any User Content posted on the Service. These rights apply solely to the extent necessary for the operation of the Service.
- You are responsible for backing up the User Content that you store on the Service. We may permanently delete your User Content from the Service if your access to the Service is suspended or canceled. We do not have any obligation to return User Content to you after your access to the Service has been suspended or canceled. If User Content is stored with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable.
- You agree that Apptonize Services is not responsible for any Product or Professional Service that is shown within the Service and originates from a source other than Apptonize Services. All matters concerning the Products or Professional Services offered by Third Parties, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Parties. We make no warranties or representations whatsoever with regard to any Products or Professional Services by Third Parties. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
- All functionalities and features of the Service are paid functionalities (hereafter collectively referred to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within 30 days. We may suspend or cancel your access to the Service if we do not receive such charge on time. Suspension or cancellation of your access to the Service for nonpayment could result in a loss of access to and use of your Account, as well as loss of your User Content stored on the Service.
- To pay the charges for Functionalities delivered through the Service, you can be asked to provide a payment method at the time you sign up for such Functionalites. You can access and change your billing account information and payment method by contacting Apptonize Services. You agree to keep your billing account information current at all times.
- By providing Apptonize Services with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Apptonize Services to charge you for the Functionalites using your payment method; and (iii) authorize Apptonize Services to charge you for the Functionalities. We will bill you in advance of each billing period and on a recurring basis. Typically, a billing period entails a month.
- Subscription to our Service is automatically renewed each billing period. The charge for each billing period is based on the Functionalities of the Service you use in combination with other factors including, but not limited to, the number of imported items, number of shops and number of channels. Calculation of the height of the charge is done automatically and can vary each billing period. More information on pricing can be found at http://www.Apptonize Services.com/pricing. To stop your subscription, you must cancel the Functionalities before the next billing date to avoid being billed for the renewal. If you cancel your recurring payment option, your account will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund.
- We will provide you with an invoice via email. We will later update the Service in such a way that you are able to view your invoices in your Account settings. If we make an error on your bill, you must tell us within 30 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Apptonize Services has identified a billing error, we will correct that error within 30 days.
- When you use Functionalities from us, you agree that we may begin to provide Functionalities immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is non-refundable.
- Apptonize Services may change the price of the Functionalities at any time and will notify you by email at least 15 days before the price change. This does not include the change in subscription because of the factors as stated in paragraph 17. If you do not agree to the price change, you must cancel and stop using the Functionalities before the price change takes effect. If there is a fixed term and price for your Functionalities offer, that price will remain in force for the term.
- You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
- If Apptonize Services owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Intellectual Property Rights
- Apptonize Services owns and retains all proprietary rights to the Service and all associated copyrights, trademarks, brands, service marks, patents, object’s library, characters, props or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the Service are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
- By agreeing to use the Service you agree to receive newsletters, alerts, promotional and other emails from Apptonize Services. You may unsubscribe from these mailing lists as required by law via the Service. Privacy and Security
Disclaimers of warranty
- PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
APPTONIZE SERVICES DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SERVICE WILL BE ERROR FREE, OR THAT THE SERVICE WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT TRANSMISSION OF DATA TO / FROM THE SERVICE WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPTONIZE SERVICES DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE SERVICE IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. APPTONIZE SERVICES RESERVES THE RIGHT TO CORRECT ANY ERRORS ON IN THE SERVICE.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ASSOCIATED WITH THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. APPTONIZE SERVICES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON THE SERVICE OR RESULTS TO BE OBTAINED FROM USING THE SERVICE. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, APPTONIZE SERVICES DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICE.
Limitation of Liability
Third Party Links
- You may terminate your access to the Service at any time, with or without cause. Information and direction on how to terminate your access to the Service will be provided on request by Apptonize Services. Upon any termination of your access to the Service: (i) your Account may be canceled and closed or suspended and your user identification code and password shall be deactivated; (ii) all User Content uploaded by you shall be removed from the Service;
- Cancelation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
- Your use of the Service does not give you any authority to act as an agent, legal representative or employee of Apptonize Services or of any third party with whom Apptonize Services has a relationship, and you agree not to represent that you are otherwise.
Version 1.1, updated 14-11-2020