This is important - read it carefully!
Welcome to AppDrag.com! Thank you for choosing to use our services.
AppDrag.com is a website owned by APPDRAG LIMITED, a company based in Ireland with its registered office at 66 Fitzwilliam Square, Dublin 2 D02 AT27, and Company Registration number 576395.
We provide our users with access to certain tools that allow them to create and manage websites and mobile applications (hereinafter, the “Services”) through the website AppDrag.com. You can find a complete and detailed description of each one of such Services in Our Website. http://www.appdrag.com/pricing.html
AppDrag.com, its contents and Services are available to all individuals of legal age, who are legally capable of entering into contracts (binding agreements).
Please read through these Terms prior to using this website. By using this website or purchasing Services through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, please do not use this website.
Please, be aware that these Terms may be amended from time to time. It is your responsibility to regularly read through them, as the Terms in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. The most recent version of the Terms will be always available on this website. We are not required to notify you updates of the Terms. Therefore, we encourage all users to read this agreement in detail. The potential changes will be effective at the same time they are updated.
The following definitions will be applicable to these Terms together with any documents herein mentioned:
a) ”You” refers to you, the user of the AppDrag.com website, its contents and Services, and “Your” shall be interpreted accordingly.
b) “We”, “Us” and “AppDrag” refer to AppDrag Limited and “Our” and “AppDrag’s” shall be interpreted accordingly.
c) “Our Website” refers to the website “AppDrag.com”. However, “User App” refers to websites and mobile applications of Our Users, hence created using the system AppDrag.
2. Purchase of Services
2.1. Trial Version
AppDrag allows the User to try some of the Services absolutely free of charge during fourteen (14) days ("Trial Period"). Only Services and features clearly indicated as"free", "trial" or"no charge" are free or without charge. It is not the responsibility of AppDrag to provide free support for You in the use and operation of the Services during the Trial Period.
If You registered for a trial use of the Services, You must decide to purchase the Services within the Trial Period in order to retain any content that You have posted or uploaded during the Trial Period. If You do not purchase the Services by the end of the Trial Period, AppDrag will use its reasonable endeavours to preserve all the information contained in Your user account during the next sixty (60) days from the date of expiration of the Trial Period (“Suspension Period”). If within such Suspension Period You do not purchase any AppDrag’s Services, You will no longer have access to Your user account and all information contained therein will be deleted by AppDrag. In other words, please be aware that after using the Services during the Trial Period, if You decide not to purchase the full version of the Services once the Trial and Suspension Periods end, You will not be able to access or retrieve any of the data You added/created during the Trial Period.
Notwithstanding Clauses 11, 12 and 13 concerning liability, indemnities and warranties, which are applicable to all the Services, the Trial Version explicitly excludes any kind of liability of AppDrag. AppDrag does not undertake any commitment about the content of the Trial Version, its specific functions or its reliability, availability or ability to meet Your needs. We provide the Service “as is” and We disregard any warranty in relation to it. Likewise, AppDrag will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary or punitive damages directly or indirectly produced due to the use of AppDrag Trial Version.
2.2. Paid Services and Prices
All other applications, features, functionality and support provided by AppDrag are provided for the fees described for each Service on Our Website (“Fees”) and You are liable for such Fees. To review Our price table go to http://www.appdrag.com/pricing.html. The values are set in US Dollars and exclude VAT which may be payable. If You wish to receive or use such paid Services, You are required to pay all applicable Fees in advance.
All Fees posted on Our Website are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”).
If AppDrag is obligated to collect or pay any Taxes for the Fees payable by You, such Taxes will be added to the payment of the outstanding Fees and will be reflected in the Invoice for such transaction.
For example, AppDrag is required to collect Value Added Tax of the European Union (“EU VAT”) from certain EU customers; therefore, EU VAT shall be charged to these customers on top of Our Fees associated with Services.
You shall be responsible for the payment of all applicable Taxes relating to Your use of the Services, or to any payments or purchases made by you.
3. Contract and Contract Revocation
A binding contract is initiated between You and AppDrag, at the time You order a Service and it will be uphold once the payment is successfully completed. “Successfully completed” is defined as full amount was paid and an invoice is available in Your AppDrag account.
You can opt to upgrade Your service agreement to any other contract agreement that AppDrag is currently offering at any time during Your contract term. In the event of a contract upgrade, the price for the purchase of the new product will be decreased in the amount previously paid for the Services in proportion to the remainder of Your original contract term.
3.2. Duration of the Contract
You may agree to a one (1) month or one (1) year contract agreement with AppDrag.
At the end of the contract term, Your contract will be automatically renewed for an additional contract term until explicitly cancelled by you. Cancellation must be issued through AppDrag.com, going into the specific project that You intend to cancel. Please note that as the cancellation process may take some time, in order to avoid the next automatic renewal and respective charge the cancellation request should be issued at least one (1) day prior to the expiration of the end of the contract term.
If You cancel the automatic renewal AppDrag will preserve all the information contained in Your user account during the next sixty (60) days from the date of cancellation (Suspension Period). If within such period You do not purchase again the AppDrag’s Services, You will no longer have access to Your user account and all information contained therein will be deleted by AppDrag.
3.3. Cancellation and Termination
Cancellation of any Service can be requested at any time, through AppDrag.com, going into the specific project, as long as You do not intend to obtain the refund of paid Fees.
If You cancel the Service before the term of your subscription expires, You can choose from the following options: (i) to keep Your User Apps online until the end of the contract term; or (ii) to disable or delete Your User Apps at the moment of the cancellation. In both cases the Suspension Period (as defined in 2.1) will be applicable and it will commence at the time the User Apps are not available online anymore. After the Suspension Period, if You do not purchase any other AppDrag Services, You will no longer have access to Your user account and all information contained therein may be deleted by AppDrag. AppDrag accepts no liability for such deleted information or content.
As explained in Clause 10 below, AppDrag may interrupt/terminate the Services under certain conditions. You agree that any termination of Your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that AppDrag may immediately deactivate or delete Your User Website, as applicable, and all related information and files. In such case, Suspension Period may not be applicable. AppDrag reserves the right to ban any further access to such files or the Service. You agree that AppDrag shall not be liable to You or any third-party for any termination of Your access to the Service.
4. Domain Names
4.1. Domain Name Registration and Ownership
If You acquire a domain name through AppDrag.com You become the lawful owner of it. However, if You decide not to renew such domain, AppDrag is not responsible for any problems or issues that may occur as a result of or after the domain expiration. Also, please be aware that if You do not renew the domain, You may lose the domain name to another Internet user.
4.2. Domain Renewal
The renewal of the domain name may be requested at any time, until ten (10) days prior to the expiration date stated in Our Website. The expiration date refers to the day that Your domain will become invalid, hence will cease to function. Domain renewal is considered paid when the payment date precedes the expiration date. The payment date is set when the payment method provider confirms the successful arrival of the payment. If domain renewal is not paid on time, the domain falls into the quarantine. It is possible to redeem the domain from the quarantine, but an administrative fee will be charged.
4.3. Cancellation of Registration
The domains are the property of who acquired them right from the moment of completion of the purchase and for the full period of purchase; hence it cannot be revoked and reimbursement is, therefore, unfeasible.
5. Payments/Fees and Refunds
5.1. Method of Payment
Payments will be processed through Our third party payment service provider, Stripe. The payment services are governed solely by the third party provider’s terms of service and Privacy Statement that You can find at stripe.com. We are not responsible for the actions of the third party service provider. If You purchase any Services, You agree to AppDrag or Our third party service provider storing Your payment card information. You expressly agree that We are authorised to charge You (i) a monthly or yearly fee for any applicable Services billed on a monthly or yearly basis, (ii) any other Fees for Services You may purchase (including, but not limited to the purchase of domain names), and (iii) any applicable Taxes in connection with Your use of the Services to the payment card You provide and to reimburse Us for all collection costs and interest for any overdue amounts. If the payment card You provide expires and You do not provide new payment card information or cancel Your account, You authorise Us to continue billing You and You agree to remain responsible for any uncollected Fees. You are responsible to fill in Your information on the payment request. Please make sure that all fields are completed and that all data supplied is accurate. AppDrag is not responsible for uncompleted requests due to wrong or insufficient information.
AppDrag will issue an invoice for any payment of Fees (“Invoice”). Each Invoice will be issued in electronic form 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 Statement) 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.
5.3. Recurrent Payment
The frequency of payment can be monthly or yearly, depending on the type of payment that You selected. For each renewal, the amount is charged one (1) day prior to the expiration date of the package. Renewal of domain names will be charged ten (10) days prior to the expiration date of the specific domain name. As stated in Clause 4.2, the automatic renewal can be cancelled at any time through AppDrag.com.
5.4. Payment Date and Activation Date
The payment date is set upon confirmation of successful reception of the amount in question by the third party payment service provider. On the payment date the Services will be activated.
5.5. Requests for Refund
As the Users are able to try the Services for free during the Trial Period, AppDrag will not refund any purchase, including the automatic renewal of Services carried out by recurrent payment. Likewise, it is not possible to refund already registered domain names.
If a third party decides to block any User App due to questionable content, it is not possible to request a refund. In such case, AppDrag is not responsible for the potential financial loss of the User.
5.6. Credit/Debit card refunds (“Chargeback”)
If, at any time, You contact Your bank or credit/debit card company and decline, request refund of or otherwise reject the charge of any payable Fees (“Chargeback”), this act will be considered a breach of Your payment obligations hereunder, and Your use of the AppDrag Services may be automatically terminated.
In the event of a Chargeback related to the payment of Your subscription to Our Services, Your user account may be blocked without the option to re-purchase or re-use it, and the User Apps may be disabled and the data contained therein may be immediately deleted.
In the event a Chargeback related to payment for purchase or renewal of a domain name, AppDrag will become the owner of such domain name.
If You have any questions or concerns regarding a payment, We encourage You to first contact Our customer support team before filing a Chargeback or reversal of payment, in order to prevent the 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.
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 authorise the transaction and make use of the services rendered thereafter.
6. Use of the Services
6.1. Content of User Apps
You are legally and contractually responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with Your use of the Services. AppDrag is not responsible for such content. You hereby grant AppDrag a worldwide, royalty-free, non-exclusive license to host and use the content in order to provide You with the Services and hereby represent and warrant that You have all the rights necessary to grant Us such license. You are responsible for any content that may be lost or unrecoverable through Your use of the Services. You are encouraged to archive Your content regularly and frequently.
6.2. Acceptable Usage
“Acceptable Usage” of AppDrag’s Website, its contents and Services is defined as any usage that does not contravene the prohibitions set forth in the paragraphs a) to g) below. Activities that go against or are otherwise forbidden by these paragraphs are, therefore in violation of these Terms and make You liable to disciplinary action and legal prosecution. For more information, please refer to Clause 9.
a) You will not post on nor distribute through the User App any materials that are of defamatory, threatening, obscene, harmful, pornographic or otherwise illegal nature. Also, materials that somehow violate or infringe, in any way, on Our rights or on the rights of others (including but not limited to intellectual property rights, confidentiality rights and privacy rights) are absolutely forbidden, as well as activities that may cause distress or inconvenience on Us or others. Moreover, You may not express opinions that are vulgar, crude, sexist, racist or otherwise offensive.
b) You will not post nor otherwise make available on User App any material which You do not own, without the express consent of the lawful owner of the material in question.
c) You will not engage in any behaviour or action that may affect the operability or the security of AppDrag or User App nor will You cause unreasonable inconvenience nor disruption to Our staff.
d) You will not impersonate any person/entity, nor misrepresent Your affiliation with a person/entity.
e) You will not promote Your User App by sending SPAM (i.e., emails sent to accounts without the previous agreement of the account owner).
f) You will not use robot software (nor any other software that is not AppDrag) to create new User Apps nor to access nor modify User Apps.
g) You will not use workarounds of any kind, to overcome package limitations or limitations of any AppDrag service or feature.
6.3. Selling Through User Apps
Some of Our Services may offer You the opportunity to sell or purchase goods and services through AppDrag’s Sites (such goods and services, “Commercial Products”). We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through third party payment service providers. Buyers of Commercial Products will be provided with a notice when entering their payment information directing them to the third party payment service provider’s terms of service and Privacy Statement. These payment services are governed solely by the third party provider’s terms of service and Privacy Statement. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in these Terms, You must follow the rules listed below when offering, selling or purchasing Commercial Products.
a) You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws.
b) You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
c) You may not offer or sell any Commercial Products that we, in Our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
d) You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in Our sole discretion, whether Commercial Products constitutes “weapons” for purposes of these Terms.
e) You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual’s privacy or that may be libelous, slanderous or otherwise defamatory.
f) You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission. We may immediately remove content related to the offer or sale of Commercial Products in violation of these Terms and, in such case, AppDrag will not be liable for any damages or loss of profit incurred by You. AppDrag shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is Your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products.
7. Newsletter Service
For the newsletters services provided directly to You by AppDrag (the “Newsletters Service”), the following terms and conditions also apply. AppDrag may suspend or terminate immediately and without prior consent your access to and use of the Newsletters Service if You do not comply with these terms. In such case you will not be entitled to any compensation or reimbursement from Appdrag.
7.1. Permitted Use
Your use of the Newsletters Service must comply with all applicable domestic and international laws. This includes the laws applicable to you and also laws applicable to AppDrag and all recipients to whom you intend to send emails (each a “Recipient”). Applicable laws include laws relating to spam or unsolicited commercial email (hereinafter “Spam” or “UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Newsletters Service and the emails you generate and send through the Newsletters Service.
You agree to use the Newsletters Service in a lawful, safe, and professional manner, consistent with industry best practices, including keeping reliable records. You are solely responsible for any and all statements you make and for all user assistance, warranty and support of your products and services.
7.2. Prohibited Use
The following practices violate these Terms when generating or sending email or messages through the Newsletters Service, so You shall not:
b) Use the Newsletters Service to send Spam. An email is Spam if: (a) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; (b) the recipient has not verifiably granted deliberate, explicit and still-revocable permission for it to be sent; and (c) the transmission and reception of the message appears to give a disproportionate benefit to the sender. Spam is an issue of consent, not content. A recipient should “affirmatively opt-in,” or expressly consent to receiving the message, either in response to a clear and conspicuous request or at the recipient’s own initiative. You must ensure that all Recipients have explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails. All emails and messages sent by means of the Newsletters Service must comply with our Anti-Spam Policy, as outlined below:
i) AppDrag has a no tolerance Spam policy and does not knowingly do business with any user or company that participates in sending Spam/UCE. We do not sell or exchange personal information from our opt-in lists.
ii) Use the Newsletters Service to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent, illegal information, or any other information you do not have the right to request, collect or distribute;
iii) Use the Newsletters Service to send email campaigns that link to or display pornography, other sexually explicit content, illegal goods or services, or any other Content that AppDrag deems inappropriate;
iv) Transmit any message, information, data, text, software or image, or other content that is not owned by you or legally licensed to you, or is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may violate another’s right of privacy or publicity;
v) Send through the Newsletters Service any unethical, false or misleading advertising, promotions, or sales efforts and practices;
vi) Post or transmit any materials that contains a virus or corrupted data;
vii) Use purchased or rented email lists;
viii) Use third party email addresses, domain names, or mail servers without proper permission;
ix) Send emails to non-specific addresses or distribution lists, newsgroups, publicly available press or media addresses or purchased email addresses;
x) Send emails that result in an unacceptable number of Spam or UCE complaints (even if the emails themselves were not actually Spam or UCE);
xi) Disable or fail to include a working “unsubscribe” link in every email, which allows the Recipient/s to remove themselves from your mailing list;
xii) Disable or fail to comply with any request from a recipient to be removed from your mailing list within seven (7) calendar days of receipt of the request. You cannot charge a fee, require the recipient to give you any personally identifiable information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an unsubscribe request;
xiii) Disguise the origin or subject matter of any email or falsify or manipulate the originating email address, subject line, headers, or transmission path information for any email;
xiv) Include “junk mail”, “chain letters”, “pyramid schemes”, incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a Recipient to forward the email to another recipient; and
xv) Fail to comply with export and import regulations.
7.3. Exclusion of Liability
You are solely responsible for your products and services and any other promotion and content contained in or referred to in your emails sent through the Newsletters Service. It is your responsibility to ensure that the Content you put in your emails does not violate these guidelines. AppDrag has no obligation to do so, but may monitor your account to ensure compliance with these Terms and operation within the acceptable industry standards. In our sole discretion, we reserve the right to block emails, remove Content, or prohibit use of the Newsletters Service that may be in violation of the foregoing or of the Terms. In no case will the foregoing make us responsible or liable to you or for compliance with any such laws or obligations, for which you remain solely responsible and liable.
8. Clients Apps
You are allowed to use Appdrag’s Services to create websites and mobile applications (“Client Apps”) for third parties (your “Clients”). In particular, AppDrag´s Business Plans are designed for freelances, web agencies, corporations, etc. to create multiple websites for them or for their Clients.
If you use Appdrag’s Services to create Client Apps, your use of the Service shall be subject to these additional terms:
a) Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform and charge fees for your services are in your sole discretion and control; however you agree to perform these services in a professional manner, consistent with industry practice and in accordance with these Terms. Services rendered by You through Client Apps shall not damage the good reputation of Appdrag.
b) You accept full responsibility for all Client Apps under your account and for each Client Apps’s adherence to these Terms.
c) While in the Business Plans we intend to allow you to resell the service under a white label, this white label is in no way guaranteed and we will in no way be held responsible for any failure to maintain its white label.
d) In the event your Client contacts us, we will direct them to contact you. In the event you fail to support your Client and we receive a request from your Client stating that you have not been responsive, we reserve the right to support your Client directly.
e) You understand and agree that You are responsible to AppDrag for payment for every Client App under your account. If, at any time, your billing obligations are not met, we will have the right to disable all Client Apps until such billing obligations are met. In such case, You will be the sole responsible for any damage caused to your Client resulting from the disabling of Client Apps due to a breach of your payment obligations.
9. Intellectual Property
All copyright materials, trademarks and other intellectual property rights materials or contents supplied as part of User App shall remain, at all times, vested in Us or Our licensors. You are not permitted to use this material or content unless authorised by Us. Moreover, You are only allowed to use such material in the manner described in the Terms, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor You will assist/facilitate any third party in actions such as the ones mentioned above. Moreover, if You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
AppDrag does not claim ownership of your content, but you give us your permission to host your content in order to provide the Services. This permission exists only for as long as you continue to use the Services.
10.1. Privacy Statement
We encourage You to read the Privacy Statement. Please note that certain information, statements, data and content (such as photographs) which You post to the User App are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that We may access, preserve, and disclose Your information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in Our opinion. Disclosures of user information to third parties are further addressed in the Privacy Statement.
In order to use Our services and products, You must have a valid registration to AppDrag. To register, You must provide a valid email address, a password and other personal information (“User Information”).
You, solely, are responsible for the confidentiality of Your password and account. All activity originated from Your account and/or password is Your responsibility. We strongly suggest that You keep Your password and account information strictly confidential and do not share it with anyone. In case of unauthorised use of Your password and/or account, immediately notify AppDrag in writing from email address used for the registration.
We strongly recommend the permanent update of all User Information, since this data is used in customer care services.
The owner of a user account may be considered to be the person or entity who has access to the e-mail address then listed in AppDrag’s records for such user account. If any paid Services were procured via the user account, the owner of such user account may be considered to be the person or entity whose billing details were used to purchase such paid Services.
10.3. Data Processing
You may be asked to enter information about Yourself on Our website. However, We will not use that information in any other manner than the one expressed on the place where the request is made. Also, all User Information collected is processed in the manner and with the limitations stated in Our Privacy Statement.
We shall abide by all applicable country-specific data protection legislation regarding any of Your personal information gathered by Us.
11. Violation of Our Terms
Failure to comply with the conditions stated on Clause 6 and/or participation in activities that go against or are otherwise forbidden by these Terms make You liable to disciplinary action and legal prosecution. The decision to initiate disciplinary action (including but not being limited to interruption of all Services) falls under the discretion of AppDrag. Please report infractions to these Terms or to Your local laws.
12. Interruption/Termination of Services
We reserve the right to immediately terminate or suspend indefinitely Our services to You, if You breach or We have reasonable grounds to believe that You are likely to breach Our Terms and Conditions. Also, We will terminate Our services to You, at Our sole discretion, if You engage in a conduct which We determine to be unacceptable.
In such case you will not be entitled to any compensation or reimbursement from Appdrag.
We are not responsible for damages to users or to third parties or to their hardware, that occur directly, indirectly nor accidentally, as a result of nor in connection with the use of Our Services.
We are not liable for damages to users or to third parties as a result of the inability to use Our Services and/or Website, nor direct, indirect, nor in connection with this fact. Therefore, Your use of the Services is done at Your own discretion and risk and You are solely responsible for any damage to Your computer system or other device or loss of data, that results from the use of any such materials.
You expressly admit to understand and agree that Your use of Our Website and Our Services is done “as is” and “as available”. You further acknowledge and agree that We are not responsible for the availability and/or functionality of any third party’s website and/or material You may access through Our Website.
We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through third party websites.
Any transactions between You and any third party found on or via the User App, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the entity in question. Therefore, We are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.
13.2. Exclusion of Warranty
AppDrag does not represent nor warrant to You that:
a) Your use of the Services will meet Your requirements.
b) Your use of the Services will be uninterrupted, timely, secure or free from error, or viruses.
c) Any information obtained by You as a result of Your use of the services will be accurate or reliable.
d) Defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
No advice or information, whether verbal or written, obtained by You from AppDrag, through or from Our services shall create any warranty not expressly stated in the Terms.
AppDrag further expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
14. Limitation of Liability
Subject to overall provision in the disclaimer above (Clause 11), You expressly admit to understand and agree that AppDrag shall not be liable to You for the events set forth on Clauses 12.1 to 12.3 below.
Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
a) Any changes which AppDrag may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services).
b) Deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Services.
c) Your failure to provide AppDrag with accurate account information.
d) Your failure to keep Your password or account details secure and confidential.
e) The unavailability of the Services.
f) Hosting issues that result in the unavailabiliy of or otherwise impact your website, app, newsletter, project or otherwise.
g) Failure to notify you of any hosting or other issues that may impact the Services or any website, app, newsletter, project or otherwise for which you use the Services.
The limitations on AppDrag’s liability to You in Clause 12.1 above shall apply whether or not AppDrag has been advised of or should have been aware of the possibility of any such losses arising. Also, limitations which are lawful in Your jurisdiction will apply to You.
14.2. Information Provided on User Apps
We are not responsible for nor We will be liable to:
a) Materials written by Users, particularly those posted on blogs and/or forum. In addition, We do not endorse such materials and reserve the right to monitor such contributions, as well as, to respond, comment, edit, refuse to post, or remove any content from blogs and/or forum at Our absolute discretion. However, failure to remove particular material does not constitute an endorsement nor acceptance of it by Us.
b) The accuracy, timing or reliability of any information/statement on User App, nor We will be held accountable/liable for statements, advice and/or opinions generated by Users on blogs and forum. If You have any claim arising from the actions and/or statements of another User, You agree to pursue such a claim only against that User and not against Us.
c) The quality, accuracy nor fitness of User App, except to what is required by law. However, We will engage in all reasonable efforts to provide Our services in the most professional manner.
d) Any fraudulent misrepresentations We make and for any death or personal injury caused by Our negligence. We will not be responsible nor liable to You for any other loss/damage that You or any Third Party may be the subject of as a result of using nor in connection with Your use of User App.
15. Exclusive Remedy
In the event of any problem with Our Website or Our Services, You agree that Your sole and exclusive remedy is to cease using the Website and the Services. Under no circumstances shall AppDrag be liable in any way for Your use of Our Website, the Services, the User Apps, the Commercial Products or third party generated content available on or though the Website, including, but not limited to, any error, omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of Our Website, the Services, Your content, the Commercial Products or any third party generated content available on or through the Website.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless, and defend AppDrag and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively"Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) Your use (or anyone using Your account’s) use of the Services or Our Site, (ii) the content of the User App, or (iii) any Commercial Products You offer on or through the User App or using Our Services. This includes, but is not limited to, any breach or violation of these Terms by You or anyone utilizing Your account. You agree to fully cooperate at Your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
17.1. Changes & Updates
The quality of Our services and products is the main focus of AppDrag attention; hence Our system is subject of a continuous improvement process both on the technological and design aspects of the product. Therefore, AppDrag may change, suspend or terminate any of the Services (or any features thereof, or prices applicable thereto), and/or change any of the Terms - at any time and in any way. Such changes will not be applied in a retroactive manner, except as required otherwise by law.
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) (i) cancel Your user account, (ii) continue to support Your then-current Services without enabling such changes, or (iii) provide You with alternative Services.
17.2. Governing Law & Jurisdiction
The Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the 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 Republic of Ireland, 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 Dublin, Ireland.
We may provide You with notices in any of the following methods: (i) via the AppDrag Services, including by a banner or pop-up within the AppDrag Website, user account or elsewhere; (ii) by e-mail, sent to the e-mail address You provided us; and/or (iii) through any other means, including any phone number or physical address You provided us. AppDrag’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.
The Terms, and Your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between AppDrag and You.
17.5. Entire agreement
These Terms, together with any documents herein mentioned, and any other legal or fee notices provided to You by AppDrag, shall constitute the entire agreement between You and AppDrag 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 AppDrag and You, including those made by or between any of Our respective representatives, with respect to any of the Services. You further agree that You are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of AppDrag in entering into any of the Terms.
AppDrag may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services 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 AppDrag. Any attempted or actual assignment thereof without AppDrag’s prior explicit and written consent will be null and void.
17.7. Severability & Waivers
If any provision of the 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 Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
To contact AppDrag’s Customer Service team please use any of the options listed below: a) Go to AppDrag Help Centre which is available at: http://www.appdrag.com/helpcenter.html b) Send an email message to: firstname.lastname@example.org
Last modification date: 2017-03-19 20:02:00