Terms of Service
In this document “We”, “Us” or "our", or “appssolut” means appssolut GmbH, whose principal place of business is at Leutschacher Straße 36, 9020 Klagenfurt, Austria, and/or appsolut’s subsidiaries and affiliated legal entities and partners worldwide (together, the “appssolut Affiliates”); This Terms of Service ("Terms of Service" or “Terms”) applies to the appssolut sites ("Sites").
This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version shall prevail.
This Terms of Service is our terms of service that governs our relationship with the client indentified on the user account panel which is governed hereby (the "User"). By using or accessing appssolut, you agree to this Terms of Services, as updated from time to time.
Please read these Terms and Service carefully before you start using our products.
Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon accepting the Terms of Service at the end of your registration process.
Violation of any of the terms and conditions below will result in the termination of your account without a right to any refund if you have subscribed to any of the Service. While appssolut prohibits certain conduct while using the Services, you understand and agree that appssolut cannot be responsible for content posted by you or other users of the Services (User Content). You agree to use the Services at your own risk.
Before you continue, you should print off or save a local copy of Terms of Service for your records.
1. appssolut is not responsible for and does not endorse or accept any responsibility for the contents of or your use of the Facebook site. appssolut makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness or completeness of any information supplied by you, Facebook or others not affiliated with appssolut.
2. You agree to be bound by Facebook's Statement of Rights and Responsibilities (as such may be amended or modified from time to time), or such other site as Facebook may set forth.
3. appssolut does not imply, represent or warrant, by virtue of providing the ability to build Facebook pages, that appssolut holds or grants any license to use any text or graphics provided by Facebook or others not affiliated with appssolut. Further, your use of information obtained through the Services may be subject to restrictions imposed by one or more third-party copyright owners, including service providers to appssolut, and you agree that you shall comply with any such restrictions.
4. For content that is covered by intellectual property rights (e.g. photos, videos , digital images and any other type of data) (collectively "IP Content"), you grant appssolut a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with the use of the Services ("IP License"). This IP License ends when you delete your IP Content or your account, unless your IP Content has been shared with others, and they have not deleted it. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you acknowledge that deleted content may persist in backup copies for a reasonable period of time.
5. When you create or administer a page on Facebook, you also agree to Facebook's Pages Terms (as such may be amended or modified from time to time) located at http://www.facebook.com/terms_pages.php or such other location as Facebook may set forth, and incorporated herein by reference.
6. You must be 14 years or older to use the Services.
7. Accounts registered by "bots" or other automated methods (including use of scripts or web crawlers) are not permitted.
8. In order to use the Services you will be required to provide your legal full name, a valid email address, credit card for purposes of payment, and any other information requested as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to appssolut will always be accurate, correct and up to date.
9. Your login information shall not be used by another person (i.e. - a single login shared by multiple people is not permitted). You may create separate logins for as many people as necessary.
10. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account. Therefore, you agree that you will be solely responsible to appssolut or its affiliates for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify appssolut immediately:
By email: firstname.lastname@example.org
11. One person or legal entity may not maintain more than one free account.
12. You may not use the Services for any illegal or unauthorized purpose. You must not, in using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws, export laws regarding transmission of data or software to and from Austria or other relevant countries, etc.).
13. You expressly understand and agree that appssolut shall not be liable 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 appssolut has been advised of the possibility of such damages), resulting from your use of the Services or your use of third-party products or services accessible via the Services.
14. Abuse or excessively frequent requests to access or use the Services, via the Application Program Interface ("API") or otherwise, may result in the temporary or permanent suspension of your access to the Services. appssolut, in its sole discretion, will determine whether there has been abuse or excessive usage of the Services. appssolut will make a reasonable attempt via email to warn you prior to suspending your account.
15. appssolut reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services (or any part thereof) with or without notice.
16. When you visit Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on the www.appssolut.com site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. When registering for an account on the Site, you agree to provide accurate, current and complete information about yourself. You are responsible for all activity on your account.
Grant of a Limited License to Use the Services
You acknowledge that in providing the Services, appssolut uses documents, software and other works of authorship, and other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets (collectively the appssolut Technology) and that the appssolut Technology is covered by intellectual property rights owned or licensed by appssolut. Other than as expressly set forth in this Terms, no license or other rights in the appssolut Technology are granted to you, and all rights not expressly granted to you are expressly reserved. You agree not to modify, create derivative works of, translate, reverse engineer, decompile, disassemble the Services or otherwise recreate or gain access to the source code of the Services. You further agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party; or (ii) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics or (c) copy any ideas, features, functions or graphics of the Services.
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card is not required for set up of all accounts regardless of whether the account is free for purposes of verifying User identify.
2. Charges for access to the Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of use of the Services, upgrade/downgrade refunds, or refunds for months unused with on an active account.
3. All charges for access 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 in addition to your monthly access account fees. You agree that we may add such charges to your credit card for payment as part of your monthly account fees.
4. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Your plan and access fees will be adjusted automatically based upon fan or data thresholds as set forth in the plan pricing.
5. Downgrading your Services may cause you to lose access to certain content or features of your account or the Services. appssolut does not accept any liability for such loss.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email, other than to the address set forth in this Section 1, or phone request to cancel your account shall not be considered cancellation of your account or termination of the Terms. You can cancel your account at any time by submitting a cancellation request in the form of a support ticket by clicking the Support tab on the appssolut website or by sending an email to email@example.com with the instructions to cancel your account, including your name and the user name on the account.
2. All of your User Content and account information will ultimately be deleted from our system after cancellation of the account. This information cannot be recovered once your account is cancelled.
3. If you cancel the Services before the end of your current paid up month, your cancellation
will take effect immediately, however, the appssolut applications will remain functional through the end of your current monthly billing period.
4. appssolut, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other appssolut Services, for any reason at any time. Such termination of Services will result in the deactivation or deletion of your account with no refund, or your access to your Account, and the forfeiture and relinquishment of all User Content in your account. appssolut reserves the right to refuse to provide any of the Services to anyone for any reason at any time.
Modifications to the Service and Prices
1. Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the appssolut Web site (www.appssolut.com) or such other method as chosen by appssolut and/or via a software application we offer.
2. appssolut shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the Services. By utilizing the Services of this Terms you accept the terms herein and agree to waive your right to file a claim for losses, damages, etc. against appssolut and its affiliates for any such changes.
Copyright and Content Ownership
1. All User Content posted on the Services must comply with EU copyrights regulations. You are responsible for adhering to our copyright infringement notification process located at the bottom of this page.
2. We claim no intellectual property rights over the material or content you submit, post or display, on or through the Services. Your account information and the materials or content you upload while using the Services remain yours. By using our Services to publish a page or profile on Facebook or another social media site, and agreeing to these Terms of Service, you grant appssolut the non-exclusive right and license to use captured images and other data from your page or profile for promotional or marketing purposes. By granting this right you agree that appssolut and its affiliates have a license to use this material or content for the sole purpose set forth in this Section. In addition, by setting your pages to be shared publicly, you agree to allow others to view and share your User Content.
3. appssolut does not pre-screen User Content, but appssolut and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Services.
4. Unless written permission is provided by Us, nothing in this Terms gives you a right to use any of Our trade names, trademarks, services marks, logos, domain names, or other distinctive brand names.
5. We are the copyright owner of all content on the www.appssolut.com site. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the www.appssolut.com site without Our express written permission.
Neither party shall be considered in breach of its contractual duties under these Terms of Service or any proposal or invoice to the extent the performance of its obligations is prevented by an event beyond its control, including, without limitation war, rebellion, strikes, riot, insurrection, acts or threats of terrorism, or Acts of God (herein "force majeure events"). Inability to perform resulting from such a force majeure event shall not constitute abandonment and will not be in included in calculating any time frame for payment or performance.
1. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders and is only available at the levels offered for the specific account plan that you have signed up for.
3. You understand that appssolut uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Services. These vendors and partners may have access to User Content, profile pages, account information or any other information submitted via the Services.
4. You shall not modify, adapt, access without authorization or hack the Services or modify another Web site so as create the impression that it is associated with the Services, appssolut, or any other entity affiliated with appssolut.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission of appssolut.
6. We may, but have no obligation to, remove User Content or other information and
accounts containing any information that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any appssolut user, customer, employee, member, or officer will result in immediate account termination with no refund.
8. You understand and agree the technical processing and transmission of the Services, including your User Content, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by appssolut) of other appssolut customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
12. appssolut does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
13. You expressly acknowledge and agree that appssolut shall not be liable 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 appssolut has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.
14. The failure of appssolut to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms of Services constitutes the entire agreement between you and appssolut and govern your use of the Services, superseding any prior agreements between you and appssolut (including, but not limited to, any prior versions of the Terms of Service )
Notification of Copyright Infringement Claims
We comply with EU copyrights regulations. Notifications of claimed copyright infringement must be submitted in writing to Our designated copyright agent for receiving such notifications.
By email: firstname.lastname@example.org
To be effective, the notification of claimed infringement must be a written communication and must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. A list identifying the material(s) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit appssolut to locate the material.
3. Information reasonably sufficient to permit appssolut to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree that your use of the service shall be at your sole risk. To the fullest extent permitted by law, appssolut, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. appssolut makes no warranties or representations about the accuracy or completeness of this service's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissionsin any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service. Appssolut does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website or featured in any user status submission or other advertising, and appssolut will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. And again, use this just for fun.
Limitation of liability
You specifically acknowledge that appssolut shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The service is controlled and offered by appssolut from its facilities in austria or by our partners from other countries. Appssolut makes no representations that the service is appropriate or available for use in all locations. Those who access or use the service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless appssolut, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the service; (ii) your violation of any term of these terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your status submissions caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.
Ability to accept terms of service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms in any case, you affirm that you are at least 16 years old as the service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the service.
These terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by appssolut without restriction.