The APP Company Terms of Use

Last Revised: July 2, 2018

Welcome to The APP Company’s (“TAC”) Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. TAC offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@theappcompany.com.

1. Introduction

1.1. Our Purpose

Our services offer our users the ability to easily create beautiful and highly functional mobile applications, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and use of mobile apps and other online and mobile applications, tools and services. The online and mobile applications, Content Management System (“CMS”), websites and platforms created by TAC and/or Users are collectively referred to herein as (“User Platform(s)”).

#SimpleAndSensible

TAC offers online and mobile services and tools, that enables users to create, manage and or/expand your own online and mobile presence.

1.2. Legal Agreement

These TAC Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the TAC website(s) (“TAC Website”, and collectively – the “TAC Terms”), all set forth the entire terms and conditions applicable to each visitor, customer or user (“User” or “you”) of the TAC Website, the TAC mobile application, User application(s) created from TAC Services or TAC applications created for and/or with User (the “TAC App” or “User App”) and/or any other services, applications and features offered by TAC with respect thereto, except where we explicitly state otherwise (all services offered through the TAC Website, TAC created app for User and/or the TAC App, collectively – the “TAC Services” or “Services” or “TAC Service”).

The TAC Terms constitute a binding and enforceable legal contract between The APP Company, LLC and its affiliated companies and subsidiaries worldwide (“TAC”, “us” or “we”) and you in relation to the use of any TAC Services – so please read them carefully.

You may visit and/or use the TAC Services and/or the TAC App only if you fully agree to the TAC Terms – and by using and/or registering to any of the TAC Services, you signify and affirm your informed consent to these Terms of Use and any other TAC Terms applicable to your use of any TAC Services. If you do not read, fully understand and agree to the TAC Terms, you must immediately leave the TAC Website and avoid or discontinue all use of the TAC Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.theappcompany.com/about/privacy (“Privacy Policy”).

#SimpleAndSensible

By visiting our website and/or using our application and/or services, you are entering into a legal agreement with us, consisting of these Terms of Use, and our additional services’ legal terms.

By using our services, you signify your consent to these terms and you acknowledge that you have read our Privacy Policy. You may not use our services if you do not consent to all our terms.

1.3. User Account

In order to access and use certain sections and features of the TAC Services, you must first register and create an account with TAC (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the TAC Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust – as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the TAC Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

TAC will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant TAC Service, as the person or entity who has access to the e-mail address then listed in TAC’s records for such User Account under which such User Platform or User Content was created.
If any Paid Services (as defined in Section 5 below) were purchased via a User Account, TAC will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on TAC’s database, TAC will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, TAC will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, TAC shall consider the person registered as the owner of the domain connected to the TAC Account as the owner of the User Platform.
Notwithstanding the foregoing, TAC shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event TAC deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by TAC.

#SimpleAndSensible

To use certain of our services, you need to create a user account.

You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.

All activities that occur under your user account or website are your responsibility.

The account information you provide us must be your own (or your company’s), and be accurate and complete.

When a user account is disputed, we may determine the ownership of such user account.

2. Your Obligations

2.1. You represent and warrant that:

you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the TAC Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the TAC Terms;
you are not a resident of (or will use the TAC Services in) a country that the U.S. government has embargoed for use of the TAC Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that TAC does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:

you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by TAC Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow TAC Services to access any applications, websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for TAC and/or your End Users to access, import, copy, upload, use or possess in connection with the TAC Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

#SimpleAndSensible

In order to use our services, there are certain obligations and conditions you need to meet.

Among others, you need to be of a certain legal age of majority, reside and use our services in a permitted location.

In addition, you must own all rights in any content you upload or publish or that we access, import and/or upload for you via our services, ensure that such content is legal and reliable, and that anything you do with it (or enable TAC or your end users to do with it) is legal.

2.2. You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the TAC Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the TAC Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the TAC Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from TAC or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow TAC to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of TAC’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against TAC or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
TAC’s sole discretion as to the means, manner, and method for performing the TAC Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
TAC shall have the right to offer the TAC Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the TAC Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

#SimpleAndSensible – List of Musts

You must comply with all applicable laws.

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

You shall regularly save backups of your content.

You agree that we or our partners may send you promotional messages and content.

You can easily opt-out of receiving promotional messages by contacting us.

You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.

You agree that TAC has the right to impose and change price plans for its Services. Additionally, TAC may impose restrictions depending on your specific usage of the Service.

2.3. You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the TAC Website, the TAC Services (or any part thereof), TAC App, User APP or any Content offered by TAC or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without TAC’s prior written and specific consent and/or as expressly permitted under the TAC Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of TAC or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the TAC Website or the TAC Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the TAC Services or Licensed Content on any website, media, network or system other than those provided by TAC, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the TAC Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by TAC, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the TAC Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the TAC Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the TAC Services;
act in a manner which might be perceived as damaging to TAC’s reputation and goodwill or which may bring TAC into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use TAC or TAC Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the TAC Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to TAC and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that TAC or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of TAC Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the TAC Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the TAC Services, User Platform, the account of another User(s), or any other systems or networks connected to the TAC Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the TAC Services or any network connected to the TAC Services;
upload to the TAC Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the TAC Services or TAC’s systems or networks connected to the TAC Services, or otherwise interfere with or disrupt the operation of any of the TAC Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the TAC Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to TAC Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or TAC Services, except as expressly permitted by the TAC Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the TAC Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the TAC Terms or any laws or requirements applicable to your use of the TAC Services.
access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

#SimpleAndSensible – List of Don’ts

In general, we just want you to be nice, and avoid doing anything that might harm us or anyone else.

Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.

3. Content and Ownership

3.1. Your Intellectual Property

As between TAC and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. TAC does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

#SimpleAndSensible

You own all rights to your content. We may handle your content in order to provide you with our services.

3.2. TAC’s Intellectual Property

All rights, title and interest in and to the TAC Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the TAC Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to TAC.

Subject to your full compliance with the TAC Terms and timely payment of all applicable Fees, TAC hereby grants you, upon creating your User Account and for as long as TAC wishes to provide you with the TAC Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the TAC Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the TAC Terms, and solely within the TAC Services.

The TAC Terms do not convey any right or interest in or to TAC’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the TAC Terms constitutes an assignment or waiver of TAC’s Intellectual Property rights under any law.

In addition to the above, certain tools made available to you within the TAC Services, are licensed to TAC by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review upon request of use of such tools.

#SimpleAndSensible

We own all rights in and to our services, content, data, technology and features.

You may use our services and content so long as you fully comply with these terms and ensure full and timely payments.

Certain tools which are available to you are licensed by a third party, make sure you read their terms as well.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the TAC Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by TAC. By providing such Feedback to TAC, you acknowledge and agree that it may be used by TAC in order to: (i) further develop, customize and improve of the TAC Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized TAC -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which TAC may use to provide and improve its services, (vi) to enhance TAC data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to TAC any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

#SimpleAndSensible

We welcome any form of feedback or suggestions. If you do provide us with any, please make sure that it is accurate and legal.

4. Privacy

Certain parts of the TAC Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the TAC Services, TAC and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the TAC Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

#SimpleAndSensible

We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information

5. Service Fees

5.1. Paid Services

The use of certain TAC Services may be subject to payment of particular fees, as determined by TAC in its sole discretion (“Paid Services” and “Fee(s)”, respectively). TAC will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

TAC reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, TAC shall have the right to automatically and without notice renew your subscription to such TAC Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by TAC. To the extent permitted by law (and unless specified otherwise by TAC in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the TAC Services, or to any payments or purchases made by you. If TAC is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). TAC is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize TAC (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries TAC or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

#SimpleAndSensible

Most of our services cost money. We will let you know how much beforehand

Our prices are stated in U.S. Dollars and before taxes, unless otherwise said.

If needed, we or our affiliates may request and collect payments and related information from the relevant payment providers and banks.

5.2. Invoices

TAC and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by TAC (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

#SimpleAndSensible

Invoices for our paid services will be available in your user account.

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, and in accordance with payment package you selected upon registration (for example Bronze, Silver, Gold or Custom packages), there is an automatic renewal option by default, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).

For example, if the original subscription period for a Service is one year with monthly payments, each of its renewal periods (where applicable) will be for one year with monthly payments. Accordingly, where applicable, TAC will attempt to automatically charge you the applicable Fees using the payment method you have on file with TAC, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, immediately or later, and without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, TAC will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

Because there is a minimum 12-month commitment, turning off renewal option is only available after any initial agreement package period has expired (for example 12-months with Bronze package).

#SimpleAndSensible

To make sure you don’t lose your app or experience

interruptions with your app at the end of your subscription period, we’ll automatically

renew it.

Some services whether on purpose or mistake may not automatically renew. You should make sure that your subscriptions are renewed in time.

5.4. Money-Back Guarantee

Because of the customization work required with every app and other reasons, there is currently no money back guarantee option.

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your TAC account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the TAC Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).

Your use of the TAC Services will not resume until you re-subscribe for any such TAC Services, and pay any applicable Fees in full, including any fees and expenses incurred by TAC and/or any Third Party Services for each Chargeback received (including Fees for TAC Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to TAC, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the TAC Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the TAC Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

#SimpleAndSensible

Chargebacks may bring us to cancel your account, so we urge you to avoid causing them.

Please contact our Customer Support team before filing a chargeback. You will be responsible for any incorrect fees, losses and expenses that follow.

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any TAC Services at any time, in accordance with the instructions available on the TAC Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the TAC Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

In addition, User mobile app and other TAC services take time to remove an app from being available for distribution by third-party services such as Apple, Apple iTunes, Google Play and other distribution services. TAC will make the request for removal of the app to the distribution services in a timely manner but actual removal of the app is solely at the discretion of the distribution services, and TAC has no role in that process.

In addition, User acknowledge that once the app and/or TAC Services have been made available to third parties via Apple iTunes, Google Play or other means for distribution of mobile content, that TAC has does not have any control over the actions of customers and third parties and shall not be deemed to be in breach of this Agreement relative to such actions. Also, no apps already in distribution can be retrieved by TAC.

For more information about cancelling your Paid Services, please contact support@theappcompany.com.

#SimpleAndSensible

You may cancel your account or any services at any time. Once we process your cancellation request, we will not charge you for any additional subscription renewals.

6.2. Cancellation by TAC

Failure to comply with any of the TAC Terms and/or to pay any due Fee shall entitle TAC to immediately deactivate your app and suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related TAC Services (e.g., Paid Services) or Third Party Services to you.

#SimpleAndSensible

If you violate any of these terms or fail to make timely payments, we may deactivate your app immediately and suspend or cancel your account.

6.3. Loss of Data, Content and Capacity

If your User Account or any TAC Services or Third Party Services related to your User Account are cancelled (whether at your request or at TAC’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). TAC shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any TAC Services following their cancellation, as determined by TAC in its sole discretion.

#SimpleAndSensible

If your account or any of your services are cancelled, it may result in loss of content and data. You are responsible to backup your data and materials.

7. E-Commerce

The TAC Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
Any Taxes indicated by the E-Commerce features provided to you by TAC are solely provided for illustration purposes only, and may not be relied on in any way;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
TAC may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

#SimpleAndSensible

You can use our services to sell your products, content and services online.

You are responsible for all your sales activities, including your relationships with customers and any payment service providers.

8. Third Party Services

The TAC Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, third party applications and widgets offered via the TAC Website (including the TAC App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain TAC Services, offered separately by TAC or persons certified or authorized by TAC, or otherwise offered anywhere on the TAC Services), TAC merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. TAC will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

You acknowledge that such services may require the payment of additional amounts to TAC and/or to the providers of such Third-Party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, TAC may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the TAC Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

#SimpleAndSensible

Our services enable you to get various services and tools from third parties that are not affiliated with us.

Since we only act as an intermediary platform between you and such parties, only you will be responsible for your engagements with them.

We can remove services at any time, which may affect your website, user account or overall experience.

9. Misconduct and Copyrights

9.1. Misconduct and Abuse

When using the TAC Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against TAC with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the TAC Services, please immediately report such User and/or Third Party Service to us via support@theappcompany.com. You agree that your report shall not impose any responsibility or liability upon TAC, and that TAC may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

#SimpleAndSensible

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

9.2. Copyrights

TAC acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via support@theappcompany.com, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim 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 TAC to locate the material (including URL address); (4) a statement that you have 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; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

TAC’s Copyright Agent can be reached at support@theappcompany.com

In the event that TAC receives notice regarding a copyright infringement related to your User Platform or User app, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at TAC’s sole reasonable discretion. TAC reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

#SimpleAndSensible

We respect the intellectual property rights of others.

If your copyrighted works were used inappropriately by any of our users – please let us know and provide us with all the necessary information, and we will take care of it in accordance with the DMCA.

If we receive a copyright infringement notice regarding your website or content, we may remove or cancel your website and account.

10. Disclaimer of Warranties

We provide the TAC Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the TAC Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the TAC Services – so please be sure to verify those before using or otherwise engaging them.

TAC may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may TAC be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the TAC Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, TAC shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the TAC Services and/or connecting and/or dealing with any Third Party Services through or in connection with TAC Services, and that TAC cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

TAC does not recommend the use of the TAC Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain TAC Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain TAC Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the TAC Services at this BETA stage signifies your agreement to participate in such TAC Services’ BETA testing.

#SimpleAndSensible

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions.

We may monitor and edit your website and content.

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else.

There are risks in using our services or anyone else’s services. You accept such risks.

Some of our services are still in BETA, and may contain bugs or experience interruptions.

11. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, TAC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the TAC Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the TAC Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the TAC Services; (6) events beyond the reasonable control of TAC, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of TAC Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for TAC’s services to you, and such limitations will apply even if TAC has been advised of the possibility of such liabilities.

#SimpleAndSensible

Subject to applicable law, we will not be liable for any damages.

12. Indemnity

You agree to defend, indemnify and hold harmless TAC, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other TAC Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the TAC Services, including, without limitation, TAC Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

#SimpleAndSensible

If we get sued or are otherwise placed in harm’s way because of something you did, you will bear the associated costs and damages.

13. General

13.1. Changes & Updates

TAC reserves the right to change, suspend or terminate any of the TAC Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the TAC Services (including removal of any materials created by you in connection with the TAC Services) for any reason and/or change any of the TAC Terms with or without prior notice – at any time and in any manner.

You agree that TAC will not be liable to you or to any third party for any modification, suspension or discontinuance of those TAC Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current TAC Services without enabling such changes, or provide you with alternative Services.

#SimpleAndSensible

We may make changes to our services or to these terms at any time.

13.2. Governing Law & Jurisdiction; Class Action Waiver

The TAC Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the TAC Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the TAC Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America, State of California, County of Los Angeles, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Torrance, California, USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and TAC shall only be resolved on an individual basis and you shall not have the right to bring any claim against TAC as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and TAC will be the State of California, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Torrance, California.

#SimpleAndSensible

These terms and our relationship shall be governed by the laws of the State of Israel. Any disputes between us may only be brought before the courts of Torrance, California.

13.3. Notices

We may provide you with notices in any of the following methods: (1) via the TAC Services, including by a banner or pop-up within the TAC Website, TAC App, User App, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. TAC’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

#SimpleAndSensible

We may provide you with notices via our services, by e-mail or through any other contact means you provided us.

13.4. Relationship

The TAC Terms, and your use of the TAC Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between TAC and you.

13.5. Entire Agreement

These Terms of Use, together with the TAC Terms and any other legal or fee notices provided to you by TAC, shall constitute the entire agreement between you and TAC concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between TAC and you, including those made by or between any of our respective representatives, with respect to any of the TAC Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of TAC in entering into any of the TAC Terms.

#SimpleAndSensible

Accepting these terms and services does not form a partnership or any special relationship between us

#SimpleAndSensible

These terms (together with additional terms) shall constitute the sole and entire agreement between us

13.6. Assignment

TAC may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the TAC Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of TAC. Any attempted or actual assignment thereof without TAC’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎13.6 shall not in itself grant either TAC or you the right to cancel any TAC Services or Third Party Services then in effect.

#SimpleAndSensible

We may assign our rights and obligations to other parties. You may only do so with our prior written consent

13.7. Severability & Waivers

If any provision of the TAC Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the TAC Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

#SimpleAndSensible

These terms are independent from each other, in case any of them is found invalid.

13.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “#SimpleAndSensible” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your TAC Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

#SimpleAndSensible

Only the left column is legally binding (this column is just for clarity).

Translated (non-English) versions of these terms are provided for convenience only.

13.9. Customer Service Contact

To get in touch with our Customer Service – please send an email message to: support@theappcompany.com

#SimpleAndSensible

Have any questions or suggestions? we’d love to hear them!