1. AGREEMENT TO THE TERMS
These Terms of Use constitute a legally binding agreement between you (individually or on behalf of an entity) and appy‑store ("Company", "we", "us", or "our") regarding your access and use of the website appy‑store.com and any related media, mobile site, or mobile application (collectively, the "Site"). By accessing the Site, you confirm that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE USAGE IMMEDIATELY.
Any additional conditions or documents published on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to modify these Terms of Use at any time. We will update the "Last Updated" date on these Terms and you waive any right to receive notice of each change. Please check the Terms each time you use our Site to ensure you understand which terms apply. Your continued use of the Site signifies your acceptance of the updated Terms.
The information provided on the Site is not intended to be distributed or used by anyone in any jurisdiction where such use would be contrary to law or regulation, or which would subject us to any registration requirement. Therefore, those accessing the Site from other locations do so on their own initiative and are solely responsible for complying with local laws, where applicable.
The Site is not designed to comply with industry-specific regulations (e.g., HIPAA, FISMA), so if your interactions fall under such laws, you may not use this Site. You may not use the Site in any way that violates the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in their jurisdiction (typically under 18) must have parental permission and supervision to use the Site. If you are a minor, please have your parent or guardian read and agree to these Terms before using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Site is our exclusive property, and all source code, databases, features, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content") as well as the trademarks, service marks, and logos (the "Marks") are owned or licensed by us and are protected by copyright, trademark, and other intellectual property laws. The Content and Marks are provided on an "AS IS" basis for your personal use only. Except as expressly provided in these Terms of Use, no part of the Site, its Content, or its Marks may be copied, reproduced, aggregated, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our prior written consent.
Provided you are eligible, a limited license is granted to you to access and use the Site and to download or print any portion of the Content you have accessed, solely for personal, non-commercial use. We reserve all rights not expressly granted to you regarding the Site, the Content, and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms of Use; (2) you are not a minor in your jurisdiction, or if you are, you have obtained parental permission to use the Site; (3) you will not access the Site via automated or non-human means (e.g., bots, scripts); (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and refuse your current or future use of the Site.
4. PROHIBITED ACTIVITIES
You may only use the Site for the purposes for which it is provided. The Site may not be used in connection with commercial enterprises unless expressly approved by us.
As a user of the Site, you agree not to:
• Systematically retrieve data or other content from the Site to create a database or directory without our written consent.
• Mislead, defraud, or deceive us or other users, particularly in attempts to obtain sensitive account information.
• Circumvent or interfere with the security features of the Site, including those restricting content copying or usage.
• Disparage or otherwise harm our reputation or that of the Site.
• Use information from the Site to harass, abuse, or harm any individual.
• Abusively use our support services or submit false reports of misconduct.
• Use the Site in any manner that violates applicable laws or regulations.
• Engage in unauthorized framing or linking with the Site.
• Download or transmit viruses, Trojan horses, or any other material that interferes with the Site’s functionality.
• Use automated systems, such as scripts or data miners, to access the Site.
• Remove copyright or other proprietary notices from the Site's Content.
• Impersonate another person or use someone else’s username.
• Use the Site to collect email addresses or other personal data for unsolicited communications.
• Use the Site in any way that competes with us or for any commercial enterprise.
• Use the Site to advertise or sell goods and services.
• Transfer your profile or otherwise misuse your account.
5. USER GENERATED CONTENT
The Site may invite you to contribute content such as reviews, comments, or other materials (collectively, "User Contributions"). These Contributions may be visible to other users and third parties. By submitting User Contributions, you acknowledge that they are non-confidential and become our exclusive property. You represent that:
• Your Contributions do not infringe on any third-party rights, including copyright, patent, trademark, or moral rights.
• You have all necessary rights and permissions to grant us a license to use your Contributions as described herein.
• Your Contributions are not false or misleading.
• Your Contributions are not advertisements, spam, or any form of unsolicited solicitation.
• Your Contributions do not contain offensive content or target any individual or group for harassment.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid license to reproduce, modify, translate, transmit, display, perform, and distribute your Contributions.
6. USER CONTRIBUTION LICENSE
By posting on the Site, you automatically grant us a license to use, host, reproduce, disclose, sell, and distribute your Contributions for any purpose, including creating derivative works. You waive all moral rights in your Contributions and warrant that you have the right to grant such a license.
7. REVIEW GUIDELINES
When leaving a review on the Site, please ensure that:
• You have firsthand experience with the subject of your review.
• Your review does not contain offensive, abusive, racist, or hateful language.
• Your review does not include discriminatory references based on religion, race, gender, or any other protected characteristic.
• Your review is not false or misleading.
• You are not affiliated with any competitor when posting a negative review.
• You refrain from making sweeping conclusions about legality.
• You do not organize a campaign encouraging others to post reviews, positive or negative.
We may accept, reject, or remove reviews at our sole discretion. Reviews are not pre-approved by us and do not necessarily reflect our views. We assume no responsibility for any review or any claim arising from a review.
8. SUBMISSIONS
Any feedback, suggestions, or other information you provide to the Site (“Submissions”) become our exclusive property. We will own all intellectual property rights in such Submissions and may use or distribute them without any acknowledgment or compensation to you. You waive all moral rights in your Submissions and represent that you have the right to grant such a license.
9. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to third-party websites (“Third-Party Sites”) and include content (such as articles, photos, text, graphics, and software) from third parties (“Third-Party Content”). We do not monitor or control the content on these Third-Party Sites and assume no responsibility for them. The inclusion of such links does not imply endorsement. Please review the privacy policies and terms of any Third-Party Sites before engaging with them.
10. ADVERTISING
Advertisers may display ads on certain areas of the Site. If you are an advertiser, you are solely responsible for the ads you place, and you represent that you have the necessary rights to do so. We only provide the space for ads and are not affiliated with the advertisers.
11. SITE MANAGEMENT
We reserve the right to monitor the Site, take legal action for any violations, restrict or disable access to any content, and manage the Site to protect our rights and ensure its proper functioning.
12. PRIVACY POLICY
We care about your privacy. Please review our Privacy Policy at https://appy‑store.com/privacy. By using the Site, you agree to our Privacy Policy. Note that the Site is hosted in the United States, and by using it, you consent to the transfer and processing of your data in the U.S.
13. COPYRIGHT INFRINGEMENT
We respect intellectual property rights. If you believe any material on the Site infringes your copyright, please notify us immediately. A copy of your notification will be sent to the party responsible. Be aware that you may be liable for damages if your notification is found to be inaccurate or misleading.
14. DURATION AND TERMINATION
These Terms will remain in effect as long as you use the Site. We reserve the right to suspend or terminate access to the Site at any time without notice if you breach these Terms. If your account is terminated, you may not create a new account under the same name or on behalf of another party.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, or discontinue the Site or any content without notice. We do not guarantee that the Site will be available at all times and will not be liable for any interruption or downtime.
16. GOVERNING LAW
These Terms will be governed by the laws of the Netherlands. Both you and appy‑store consent to the exclusive jurisdiction of the courts of the Netherlands for any disputes arising under these Terms.
17. DISPUTE RESOLUTION
To help resolve any disputes efficiently, the Parties agree to first attempt informal negotiations for at least [X] days before proceeding to binding arbitration under the rules of the International Commercial Arbitration Tribunal at the European Chamber of Arbitration in Brussels. Any dispute not resolved informally shall be decided by a court of competent jurisdiction in the Netherlands.
18. CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors or update the information on the Site at any time without notice.
19. DISCLAIMER
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE OR ANY THIRD-PARTY WEBSITES LINKED TO THE SITE.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL APPY‑STORE OR OUR OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY SHALL BE LIMITED to the greater of the amount paid by you (if any) or $61,000. Certain U.S. and international laws do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold appy‑store and its affiliates harmless from any claims, damages, or expenses arising out of your use of the Site or violation of these Terms.
22. USER DATA
We retain data you provide to the Site to manage its performance, along with data about your use of the Site. Although we perform routine backups, you are solely responsible for any data you submit. We are not liable for any loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Your visit to the Site, sending emails, and completing forms constitute electronic communications. You consent to receive these communications, and agree that all electronic agreements, notices, and disclosures satisfy any legal requirement for written communication.
24. CALIFORNIA USERS AND RESIDENTS
If you are not satisfied with a complaint resolution, you may contact the California Department of Consumer Affairs at the address or phone numbers provided.
25. MISCELLANEOUS
These Terms and any policies published on the Site constitute the entire agreement between you and appy‑store. Failure to enforce any right or provision does not constitute a waiver. We may assign our rights and obligations without notice. If any provision is deemed invalid or unenforceable, the remaining provisions will remain in effect. Nothing in these Terms creates a joint venture, partnership, or agency relationship between you and appy‑store. You agree these Terms will not be interpreted against us because we drafted them, and you waive any defenses based on the electronic form of these Terms.
26. CONTACT US
For complaints or additional information regarding the Site, please contact us at:
appy‑store
contact@appy‑store.com