AppSpotr AB ("AppSpotr", “we”, “us”) offers you through AppSpotr™ a wide variety of online products and services, including general and personalized content, communication tools, and online and downloadable applications (the “Service”) on the following terms. By using the Service in any way you (the “User”) are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time.
Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.AppSpotr.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by us.
You or sub-users created by your account, by using, accessing, or attempting to interact with the Service, AppSpotr™, or other AppSpotr™ software, services, websites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with AppSpotr.
The following apply:
- You must be at least 18 years old and competent to enter into a contract to use the Service.
- You agree that the Service, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property, is the property of AppSpotr. The Service is protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
- You are responsible for maintaining the security of your account and password. CmClic cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
- The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
The Service does not allow any of the following content, or links to such content, to be published on the Service:
Users publishing any of the above content in their mobile applications will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, AppSpotr will suspend the services of the user account until the unacceptable content is removed. A repeated violation of this Policy may cause cancellation of service without notice refund of any fees.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on AppSpotr™'s servers. Users deemed to be using the Service solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of AppSpotr. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
User agrees to either a one (1) month or twelve (12) month contract agreement with AppSpotr. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the AppSpotr™ Dashboard interface. Any cancellation issued via the AppSpotr™ Dashboard interface must be done at least one (1) day prior to the end of the contract term.
AppSpotr will use commercially reasonable efforts to have the application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate Provider, you may cancel your account. However, there are no refunds under any circumstances.
Cloud Service Basic, Premium, Advanced AppSpotr is a cloud based solution and thereby also has a limit to for each app type. This limit is yet to be announced but will be reasonable for each cloud service level. The service it self will not add any fees to your app type. However if the service exeeds the the bandwith level set for this apptype AppSpotr will inform you so and propose to upgrade to a higher level.
AppSpotr will not, under any circumstances, issue cash refunds for early contract cancellation. All Service accounts begin with an obligation-free trial which will allow you to evaluate the Service without paying. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase via the account Billing area when paying for publishing an app. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service.
AppSpotr has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Only for the duration of being logged into the User's valid Service account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Service only on the single computer that temporarily accesses the Service directly from the AppSpotr™ website or AppSpotr™ mobile application.
A valid Service account may only be created and maintained by a User who fully provides valid personal information about the User in the payment process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
AppSpotr and its Partners provide the Service on an "as is" basis. AppSpotr will make no effort to validate any information provided by the User for use with the Service for content, correctness or usability. Use of the Service requires a certain level of knowledge in the use of the Internet, the World Wide Web and mobile applications. The User is required to have the necessary knowledge to use the Internet, the World Wide Web and mobile applications. It is not the responsibility of AppSpotr to provide free support for the User in the use and operation of the Service. Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by AppSpotr and its partners are provided for a fee and the User is liable for such fees. The User may not rent or lease or provide the Service (including any software or documentation used by or with the Service) to third parties. The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the software code of the Service in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement. The User may not store, publish, or give the Service (including software and documentation) to others, or otherwise enable its use by others.
Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
The Service may not be used to impersonate another person or misrepresent authorization to act on behalf of others or AppSpotr. All messages transmitted via the Service should correctly identify the sender; Users may not alter the attribution of origin in push notifications, internal messages or email services.
AppSpotr reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User's website on the AppSpotr™ and Service system.
The User certifies that he or she is a person at least 18 years of age. The Services may not be used by any automated device or automated computational machine. The Service may only be used or accessed through an electronic device under the manual control of User at all times.
AppSpotr shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Service. The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
Services provided to or used by the User may only be for lawful purposes. Transmission, storage, copying, or modifying any material or other actions by User in violation of any local legislation and/or regulation is prohibited. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. Users are prohibited from using the Service for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which AppSpotr deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of AppSpotr.
The subscriber agrees to indemnify and hold harmless and defend AppSpotr from any claims resulting from the User's use or User's allowed use by others of the Service which damages either AppSpotr, its officers, its employees, its directors, its partners, or another party or parties.
User shall defend, indemnify, save and hold AppSpotr (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns. User shall defend, indemnify and hold harmless AppSpotr (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Service. Under no circumstances, including negligence, shall AppSpotr (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing the Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Service. This paragraph shall apply to all content and functionality of the Service.
Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar/euro/sek amount which User paid directly to AppSpotr during the current month. Such limitations shall apply to AppSpotr’s total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Service, if any. User warrants that its content does not infringe any third party copyrights or patents.
AppSpotr makes no warranties or representations of any kind, whether expressed or implied for the Service. User's, use of the Service are at User's sole risk. Neither AppSpotr, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that the Service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. AppSpotr also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of AppSpotr is at the User's own risk, and AppSpotr specifically denies any responsibility for the accuracy or quality of information obtained through its services. Damages claims for unavailability of the Service against AppSpotr are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to AppSpotr for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the AppSpotr™ Service Blog. Under no circumstances will AppSpotr bear any responsibility for any damages arising as a consequence of such unavailability.
Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way. AppSpotr reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.
This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the city of Gothenburg.
This Agreement shall be governed and construed in accordance with the laws of Sweden and any dispute, controversy or claim arising out of or in connection with this Agreement or the breach, termination or invalidity thereof, shall be finally settled by the public courts of Sweden.
This Service may be terminated by either party, without cause, by giving the other party 3 days written notice. Notwithstanding the above, AppSpotr may terminate the Service at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to the Service.
Upon notice of termination of Service by AppSpotr to User via contact e-mail to User's Service account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, AppSpotrs the right to delete all data, files, or other information that is stored in the User's account for any reason.