TERMS OF USE

The following terms and conditions shall govern your access and use of the AppBeat websites, including appbeat.io and all subdomain (each a “Website” and, collectively, the “Websites”), as well as your access and use of any services available on or through the Websites. The Websites may contain other proprietary notices, terms and conditions of use, and copyright information, the terms of which shall also govern your access and use of the applicable Website and services (such terms together with the terms below, the “Terms”). The Terms are a legal contract between you and AppBeat and, by using a Website or any services provided thereon, you agree that to be bound by the Terms. If you do not agree to all of the Terms, do not use any Website or any service. You agree that use of any Website or any service signifies that you have read, understood and agree to be bound by the Terms. AppBeat may make changes to any Website or services offered on the Websites, and AppBeat can change the Terms at any time by posting the updated Terms on the applicable Websites. Your continued use of the Websites or services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, you should check the Terms posted on the Websites periodically for updates and changes.

Software and Services

COPYING OR REPRODUCTION OF ANY SOFTWARE OR SERVICES RELATING TO, OR AVAILABLE THROUGH, THE WEBSITES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Client’s Obligations; License Restrictions

Client will (i) be responsible for its and its Authorized Users’ compliance with this Agreement; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Client Data (defined below) and means relating to acquisition of the Client Data; (iii) not provide, make available to, or permit other individuals to use or access the Software Services, except under the terms listed herein, and that Client will responsible for any unauthorized activity of the Software Services; (iv) not sell, resell, rent, or lease the Software Services; (v) not modify, translate, reverse engineer, decompile, disassemble, create derivative works, or otherwise attempt to derive the source code of the Software Services; (vi) not remove any proprietary notices or labels on the Software Services; (vii) not license the Software Services if Client (or any of its Authorized Users) is a direct competitor of AppBeat or its affiliated entities for the purposes of monitoring the Software Service’s availability, performance, or functionality or for any other benchmarking or competitive purposes; (viii) not use the Software Services to store or transmit infringing, libelous, unlawful, or tortious material or to store or transmit material in violation of third party privacy rights; (ix) not use the Software Services to store or transmit malicious code; or (x) interfere with or disrupt the integrity or performance of the Software Services.

User Restrictions

You agree not to do any of the following in connection with using the Services:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

Access, tamper with, or use non-public areas of the Site, AppBeat computer systems, or the technical delivery systems of AppBeat providers; Attempt to probe, scan, or test the vulnerability of any AppBeat system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by AppBeat or any of AppBeat providers or any other third party (including another user) to protect the Services;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Use;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation;

Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; "Stalk" or otherwise harass anyone;

Collect personal data about other users for commercial or unlawful purposes;

Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;

AppBeat will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. AppBeat may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that AppBeat has no obligation to monitor your access to or use of the Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. AppBeat reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that AppBeat, in its sole discretion, considers to be in violation of the Terms of Use or otherwise harmful to the Services.

Account Registration And Fees

In order to use the Services, you must register and create an account with AppBeat on the Site. AppBeat offers various types of accounts, including a free account and a paid account. AppBeat reserves the right to suspend or terminate your account at any time. A valid credit card is required for paid accounts. The Services are billed in advance on a monthly or annual basis and all fees are non-refundable. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. AppBeat also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. AppBeat will notify you in advance of any changes with respect to fees it chooses to impose. By registering you agree that AppBeat may identify you as a AppBeat customer on AppBeat websites, client lists, press releases, and/or other marketing. You also agrees that AppBeat may publish a brief description highlighting your deployment of the Software.

Client Data

AppBeat agrees that the data and information uploaded by Client (or Authorized Users of Client) that is stored or processed via the Software Services (the “Client Data”) shall be treated as confidential and shall remain Client’s sole property. Client agrees that it is responsible for maintaining and protecting backups of all Client Data directly or indirectly processed using the Software Services and that AppBeat is not responsible for the failure to store, the loss, or the corruption of Client Data. Client agrees that AppBeat and its affiliated entities will collect and track technical and related information about Client and Client’s use of the Software Services, including Client’s internet protocol address, the hardware and software that Client utilizes, and various usage statistics to assist with the necessary operation and function of the Software Services and for internal purposes only, including without limitation to facilitate in the provision of updates, support, invoicing, marketing by AppBeat, its affiliated entities, or its agents, and research and development. In the event that AppBeat is required or ordered to disclose Client Data to a third party pursuant to judicial order or other compulsion of law, if legally permitted, AppBeat shall take all commercially reasonable steps to provide the Client with prompt notice of any relevant order or basis for disclosure so as to allow Client to take whatever steps it can to object to such compulsory disclosure if Client so chooses.

Limitations Of Services

You acknowledge that AppBeat may establish limits concerning use of the Services, including the maximum number of days that content will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Service is available. You agree that AppBeat has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Services. You acknowledge that AppBeat reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that AppBeat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Proprietary Rights

The Software Services are licensed, not sold. Use herein of the word “purchase” in conjunction with licenses of the Software Services shall not imply a transfer of ownership. Client acknowledges and agrees that, as between Client and AppBeat, all right, title and interest, including all copyright, trademark, patent, trade secret, intellectual property (including but not limited to algorithms and business processes) and other proprietary rights, arising out of or relating to the provision of the Software Services belong exclusively to AppBeat, other than the Client Data. AppBeat is hereby granted a royalty-free, fully-paid, worldwide, exclusive, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into its products and services any information, data, suggestions, enhancement requests, recommendations or other feedback provided by Client or its Authorized Users relating to the Software Services. All rights not expressly granted under this Agreement are reserved by AppBeat.

Confidentiality

As used in this Agreement, "Confidential Information" means any information disclosed by either party to the other party, either directly or indirectly, in writing, orally, or by inspection of tangible objects (i) that the disclosing party identifies as confidential or proprietary or (ii) Software Services. Confidential Information may also include confidential or proprietary information disclosed to a disclosing party by a third party. The receiving party will: (i) hold the disclosing party’s Confidential Information in confidence; (ii) restrict disclosure of such Confidential Information to those of its employees or agents with a need to know such information and who are bound (i.e., as a condition to their employment or agency) by obligations respecting the protection of confidential information, which are substantially similar to those of this Agreement and which would extend to the disclosing party's Confidential Information; (iii) use such Confidential Information only for the purposes for which it was disclosed, unless otherwise set forth herein; and (iv) to the extent applicable, not modify, reverse engineer, decompile, create other works from, or disassemble any such Confidential Information, unless expressly permitted by applicable law without the possibility of contractual waiver or otherwise specified in writing by the disclosing party. The restrictions will not apply to Confidential Information to the extent it (i) was in the public domain at the time of disclosure; (ii) became publicly available after disclosure to the receiving party without breach of this Agreement; (iii) was lawfully received by the receiving party from a third party without such restrictions; (iv) was known to the receiving party, its employees or agents without such restrictions prior to its receipt from the disclosing party; (v) was independently developed by the receiving party without breach of this Agreement; (vi) was generally made available to third parties by the disclosing party without such restriction; or (vii) is required to be disclosed by the receiving party pursuant to judicial order or other compulsion of law, provided that the receiving party will provide to the disclosing party prompt notice of such order and comply with any protective order imposed on such disclosure.

Fees & Payment

All orders placed will be considered final. Fees will be due and payable as set forth on the web site or otherwise conveyed to you during the order process. Fees for any Renewal Term shall be at AppBeat’s then standard rates, currently in effect, or if applicable, as otherwise set forth on the web site or otherwise conveyed to you by AppBeat. If Client fails to pay in accordance with the payment terms, AppBeat shall be entitled, at its sole discretion, (i) to suspend provision of the Software Services temporarily until Client fulfills its pending obligations or (ii) to terminate this Agreement for breach. Unless otherwise stated, all payments made under this Agreement shall be in Euro currency. Except as otherwise expressly provided herein, fees are non-refundable.

Third Party Websites and Content

AppBeat makes no representations whatsoever about any other websites, products or services which you may access through the Websites. When you access another website, or a third party website from a Website, please understand that it is independent of AppBeat, and that AppBeat has no control over the content on that website. In addition, a link to a non-AppBeat website does not mean AppBeat endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Use at Own Risk – Disclaimer of Warranties

ALL DATA PROVIDED ON THE WEBSITES AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Your use of the Websites and any services are at your own risk. None of the information or data on the Websites, including third party content has been verified or authenticated. Any such information or data on the Websites may contain technical inaccuracies or typographical errors. Information and data may be changed or updated without notice. AppBeat may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. AppBeat shall have no liability for any errors or omissions in such information or data, including third party content, whether provided by AppBeat or others.

Limitation of Liability

IN NO EVENT WILL APPBEAT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR RELATED TO USE OF THE WEBSITES OR SERVICES, OR ON ANY OTHER HYPER LINKED OR THIRD PARTY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, HOWEVER ARISING, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ENTIRE AGGREGATE LIABILITY OF APPBEAT AND ITS AFFILIATED ENTITIES AND THE SOLE REMEDY AVAILABLE TO THE CLIENT IN ANY CASE IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SOFTWARE SERVICES OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT AND MONETARY DAMAGES THAT IN THE AGGREGATE MAY NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAYABLE OR PAID TO APPBEAT BY CLIENT UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO ITS TERMINATION.

Termination

You agree that AppBeat, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason, including, without limitation, if AppBeat believes that You have acted inconsistently with the letter or spirit of the Terms of Use. Further, You agree that AppBeat shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination.

Users with free plan will be contacted once per year, to confirm that they still use service. If we don’t receive any response in 30 days, this means they do not want to use AppBeat service anymore and their account will be deactivated (terminated).

It is not allowed to have multiple accounts with free plan. Such accounts will be detected and automatically deactivated (terminated) without notice.

Copyright Obligations and Responsibilities

AppBeat products and services are governed solely by the agreements under which they are sold or licensed. Always check your software license and service agreements to make sure that neither you, nor your application, infringe the intellectual property rights of others. You must have the consent of the licensor or owner of the software before accessing or modifying it, if allowed.

Trademarks/Copyrights

The AppBeat and affiliate names, and all AppBeat and affiliate products and services referenced herein are either trademarks or registered trademarks of AppBeat and its affiliates. AppBeat has made every effort to supply trademark information about the company names, products and services mentioned on this website. All third party trademarks represented on this website may be the property of their respective owners.

General

AppBeat prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of the Terms, as determined by AppBeat, will result in termination of your access to the Websites or services. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. AppBeat’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and AppBeat and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and AppBeat about the Websites. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.

Contact

If you have any questions about the Terms of Use, please contact us.