Terms of Service

PLEASE READ THE TERMS OF SERVICE SET FORTH BELOW (“TERMS OF SERVICE”) CAREFULLY. THESE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THE appify.com WEB SITE OR ANY SERVICES OF APPIFY INC. OFFERED THROUGH THIS WEB SITE (TOGETHER, THE “SERVICE”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEB SITE.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND APPIFY INC., STATING THE TERMS THAT GOVERN YOUR USE OF THE SERVICE AND ANY AFFILIATED SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT CLICK “ACCEPT” AND DO NOT USE THE SERVICE.

Appify Inc. (“Appify”) is an app discovery, promotion and development platform, founded with the mission of supporting the development of web and mobile applications that improve city life and making it easier for participants to bring their innovative ideas and work to a productive marketplace. Please visit us frequently and browse our pages, subject to the Terms of Service set forth below. Violation of any of the terms below will result in the termination of your account.

Changes to the Terms of Service and the Web Site

Appify reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.appify.com/terms. Customers are encouraged to review the Terms of Service on a periodic basis for modifications.

Appify Inc. reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Appify Inc. will not be liable to you or to any third party should it exercise such rights.

Account Terms

You must be 13 years or older to use this Service.

You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Accounts registered by "bots" or automated methods are not permitted.

You are responsible for maintaining the security of your account and password. Appify cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).

You agree not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected the Service)

Your profile, ratings, reviews, tags and other information are assumed to be public, even if the current user interface may not show them on your profile.

In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

If technical problems prevent or delay delivery of your items your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by Appify Inc.

The Service is controlled and operated by Appify Inc. from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

Appify assumes no responsibility to update the Service or keep information current or to ensure the accuracy or completeness of any content on the web site. Accordingly, you should confirm the accuracy and completeness of all content before making any decisions in reliance on such content. Appify is not responsible for typographical errors found on the Service.

Appify does not warrant, endorse or assume any liability for third-party materials, content, software or websites, including issues of accuracy, infringement.

Appify is solely responsible for maintenance and support services to Appify services, and not to any third-party services or products.

General Conditions

Technical support is only provided to paying account holders and is only available via email.

You understand that Appify uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, and will not assume liability for the failure or discontinuation of these necessary vendor services.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Appify, or any other Appify service.

You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Appify) of other Appify customers, we reserve the right to immediately disable or impose restrictions upon your account until you can reduce your bandwidth consumption.

Appify does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Modifications to the Service and Prices

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Appify Site (www.appify.com) or the Service itself.

Appify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

You are solely responsible for properly canceling your account. You must send an email to info@appify.com requesting cancellation of your account.

Appify does not accept any liability for loss of content due to account cancellation.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again, but you will not receive any refund.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Appify customer, employee, member, or officer will result in immediate account termination.

Appify, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Appify service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Appify reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

The Service, including but not limited to products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Appify and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Without the express written permission of Appify, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, including the look and feel of the Service, the HTML/CSS and visual design elements. “Appify” is a trademark of Appify under the applicable laws of the United States and other countries.

We claim no intellectual property rights over the material you provide to the Service. However, you agree: (i) that by providing such material to the Service you grant Appify a perpetual, royalty-free license to use and display such material on the Service in accordance with these Terms of Service; (ii) to allow others to view your content upon signing up for the Service.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Appify's copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Appify’s agent for copyright issues relating to this web site is as follows:

In an effort to protect the rights of copyright owners, Appify reserves the right to terminate, in appropriate circumstances, users and account holders of this web site who are repeat infringers.

Restricted Content

You agree not to post any fraudulent, pornographic or otherwise illegal content on the website or otherwise use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Appify reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

Appify has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Appify deems appropriate

Appify does not pre-screen content, but we may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Terms of Sale

Purchases from the Appify marketplace are available to you as indicted on the web site, and are not available in any other location. You agree not to use or attempt to use Appify from outside of the available territory. Appify may use technologies to verify such compliance.

Purchases, subscriptions and other transactions are to end user customers only.

All transactions are final. Refunds will not be given under any circumstances.

Software products purchased from Appify are subject to the purchaser's prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such products.

Appify reserves the right (but has no obligation) to upgrade items purchased from the Appify marketplace, regardless of delivery or download status. Developers selling items in the marketplace may likewise make upgrades and other changes that may increase file size, resource utilization and download times.

Depending on the manner of purchase, subscription or other transaction, you may enter into a purchase agreement that authorizes incremental billing or recurring subscription payments, which may appear as multiple orders or billings on your payments account.

Taxes will be assessed in states where digital goods are taxable subject to the sales tax rate for the billing address at the rate in effect at the time of download. No customers are eligible for tax exemptions.

Price protection or refunds in the event of a price drop or promotion are not offered.

All available items are subject to change without notice.

Payments and Fees

Payments may be handled through any or all of the following payment mechanisms: PayPal, Google Checkout, merchant services or other third party payments processing provider accepted by Appify (collectively, “Payment Processing Providers”). Appify is not responsible for third party provider's fees, commissions, availability, downtime or other terms of their services. Users are responsible for maintaining the security, passwords, and good standing on any third party services used.

You agree to pay for all transactions through the Service, and that Appify may charge your account with the relevant Payment Processing Provider for any transactions and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account.

Privacy Policy

Personally identifiable information that you submit to Appify for the purpose of receiving Services will be handled in accordance with our Privacy Policy. The Service is subject to Appify’s Privacy Policy at http://appify.com/privacy , which is expressly made a part of these Terms of Service. If you have not already read Appify’s Privacy Policy, you should do so now.

Miscellaneous

These Terms of Service constitute the entire agreement between you and Appify and govern your use of the Service, superseding any prior agreements between you and Appify. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Appify's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Appify will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The failure of Appify to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Appify and govern your use of the Service, superseding any prior agreements between you and Appify (including, but not limited to, any prior versions of the Terms of Service).

The laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Appify or relating in any way to your use of the Service resides in the courts of the State of Delaware.

Limitation of Liability and Indemnification

IN NO CASE SHALL APPIFY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING (I) THE USE OR INABILITY TO USE THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, APPIFY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. APPIFY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPIFY DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD APPIFY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY APPIFY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM APPIFY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPIFY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Questions about the Terms of Service should be sent to support@appify.com

Last updated: December 2009