AppsCode welcomes you to the Terms of Service! Please read this document very carefully before using services. This document has been made to protect both you and AppsCode authority. Once you click “Sign up” you are agreeing your acceptance to use AppsCode Services bound by these Terms of Service.
The use of Appscode services is legally bound by this Agreement and AppsCode has the right to update and change the Terms of Service from time to time without notice. Any new release and updates shall be subject to the Terms of Service. And, continued use of service after any such changes shall constitute your consent to such changes.
To avail AppsCode services you should agree to the terms and this agreement shall be realized through the actual use of the services.Services includes ones available through this website, including this website, the AppsCode cloud computing platform, the API, the Add-ons, and any other software or services offered by AppsCode in connection to any of those.
Your consent towards the purchase of current AppsCode Services are not subject to the delivery of any future functionality or features or dependent upon any verbal or written public comments regarding AppsCode future releases.
The failure of AppsCode to exercise or enforce any right 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 AppsCode and govern your use of Service, superseding any prior agreements between you and AppsCode. This may include, but not limited to, any prior versions of the AppsCode Terms of Service.
2. Account and usage
The user MUST be at least 13 years of age or beyond to use the Site and Services of AppsCode.
You may not be allowed to use AppsCode Services if you are a person barred from receiving the AppsCode Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the AppsCode Services.
You MUST NOT use AppsCode Services to execute any action leading to any type of injurious code which includes trojans, key loggers, viruses, malware, botnets, denial of service attacks, flood or mail bombs, logic bombs, or any activity AppsCode determines to be malicious.
You must provide valid and accurate information while registering for the AppsCode services. It is your responsibility to maintain security of your account and password. If you notice any unauthoriszd usage of your account immediately notify AppsCode authority. You are responsible for keeping password confidential and make sure internet service you are using is secured. You furthermore have to ensure safe and hack-free data transmission to AppsCode site. AppsCode shall maintain strict protocols and try to prevent any unauthorized access. In case of any sort of server hacks or if you fail to comply with security obligations AppsCode shall not be liable for your failure.
Usage of AppsCode services for any illegal and unauthorized purpose violating the laws is strictly prohibited(including but not limited to copyright or trademark laws) . And, repeated exceeding of hard or soft usage limit may lead to termination of your account.
You agree that AppsCode has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
You shall defend AppsCode against any demand, claim, suit or progress made or brought against us by any third party alleging that Your content, or Your use of The Service in violation of this Agreement, misappropriated by the intellectual property rights of a third party or violates applicable law, and shall indemnify AppsCode for any damages finally awarded against, and for reasonable attorney’s fees incurred by, in connection with any such claim, demand, suit or proceeding; provided, that AppsCode
a)promptly gives You written notice of the claim, demand, suit or proceeding; b)gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases AppsCode of all liability); and c)provides to You all reasonable assistance, at Your expense.
AppsCode does not pre-screen Content, but its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via The Service.
While using AppsCode Service you agree to comply with the United States’ Digital Millennium Copyright Act 1998. AppsCode strictly responds to DMCA and other applicable copyright laws and reserves the right to terminate accounts involved in violating as such, which includes taking down content or the Application upon receipt of valid DMCA notice.
5. License and Restrictions
You agree that AppsCode may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the AppsCode Services.
AppsCode may invite you or you may choose to submit comments or ideas about the AppsCode Services, including without limitation about how to improve the AppsCode Services . By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AppsCode under any obligations, and that AppsCode can use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You and anyone else may not be permitted to: (i) Take attempt to disable or change any security mechanisms used by or any applications running on the AppsCode Services. (ii) Replicate, modify, or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the AppsCode Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told by AppsCode, in formal written statement.
If you wish to avail AppsCode Paid Service, you must provide us with your credit card details to gain access to, and use of, the Paid Service.
We shall charge you monthly/annually as per Service Package chosen by you for Services provided by AppsCode. Charges shall be in accordance with our pricing policy. Services charged by the minute of usage can be charged at increments of at least 50 USD on daily basis at the discretion of AppsCode authority.
As per the extent of the law, the Client(s) shall be legible to waive any claim relating to charges unless the claim is made within thirty (30) says after the charge (without affecting any Client rights with credit card issuer). Any amendments or updates to the Service charges shall be posted to the website.
Any late payments shall bear interest at the rate of 1.5% per month (or the highest as per the law, if it is less) and AppsCode reserves the right to suspend Client’s Account for any late payment at any time.
7. Refund Policy
Queries, comments and requests regarding Refund Policy can be made to email@example.com
8. Liability and Indemnity
AppsCode shall not be considered liable for the followings:
- Lost profits or opportunities of user
- Business interruption, data loss, incidental or consequential damages
- Includes user negligence and product liability
The extent of AppsCode liability will not, in any event, exceed the fees, if any, paid by user to company under this agreement. The foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether company has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.
9. Modification and Termination
AppsCode reserves the right at any time to modify or discontinue, either temporarily or permanently, from the Terms or Service. Furthermore, AppsCode shall not be liable to you or to any third party services for any modification, price change, suspension or termination of services. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Service or discontinue any use of the Service immediately.
Termination of this Agreement with you may occur immediately and your account may be compromised, preventing you from re-registration under such circumstances:
(i) If you fail to comply with the mentioned terms (ii) If AppsCode authority finds out a reasonable cause to find you doing anything beyond the law, or related to any unlawful conduct. (iii) Failure in making payments on time in accordance with the mentioned terms
In addition to above mentioned termination clause AppsCode may terminate any or all of the services by not less than a fourteen (14) day’s notice to you. You may terminate the provision of any or all of the Services immediately by cancelling your account with us by contacting firstname.lastname@example.org. In the event that either party terminates these terms (for whatever reason), we shall invoice you for your use of the Services up to and including the date of termination.
10. Contractual Terms
You agree AppsCode may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the AppsCode Services. By providing AppsCode your email address, you consent to the email address usage to send you any notices required.
The Terms presents the whole legal agreement between you and AppsCode and govern your use of the AppsCode Services and completely replace any prior agreements between you and AppsCode in relation to the AppsCode Services.
AppsCode shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
The Terms, and your relationship with AppsCode under the Terms, shall be governed by the laws of the State without regard to its conflict of laws provisions. You and AppsCode agree to submit to the exclusive jurisdiction of the courts to resolve any legal matter arising from the Terms.
11. Resolution of Dispute
APPSCODE SERVICE USERS ARE REQUESTED TO READ THIS SEGMENT VERY CAREFULLY AS IT MAY AFFECT THE USER LEGAL RIGHTS, WHICH IN TERM INCLUDE RIGHTS TO FILE LAWSUITS AND JURY CLAIMS
Focusing the cost reduction of disputes, User and AppsCode agree upon conditions that any legal claim due to or related to usage of the AppsCode Services will be resolved in the following manner:
Informal Resolution. Any Claims issue will be given effort to resolve informally. Neither of the two parties, AppsCOde and respective user may initiate a formal proceeding for at least one month time period after one of the parties notifies the other the Claim via formal writing. The formal writing shall contain a brief statement which shall include the name, address, and valid contact information. Statement will include the cause of the dispute in details and also the remedy sought. The written document shall then be submitted to AppsCode authority via email email@example.com. AppsCode shall issue notice against user in the same manner.
Formal Resolution. When any Claim is not resolved informally, either of the parties are entitled to resolve the claim only by binding arbitration which not applicable in courts of general jurisdiction.
The conclusion of the arbitration shall be conducted only under the rules of Judicial Arbitration and Mediation Service (state selected judicial service provider of choice). If any conflict arise between the Mediation Service stated rules and the rules as set in TOS, TOS rules shall then govern. User, in arbitration may seek any remedies otherwise available to pursue user’s state’s law.
To initiate arbitration following things needs to be done:
(1) Write a Demand for Arbitration which includes description of Claim and amount of damages sought to be recovered.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to the Arbitration service provider.
(3) Send one copy of the demand for arbitration to AppsCode U.S. mailing address.
Human Users. If you are an individual user and you decide to initiate arbitration on your own behalf as a living person, AppsCode agree to reimburse your arbitration initiation fee, and any additional deposit required by Arbitration Service Provider to initiate your arbitration. AppsCode also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with Arbitration Service provider’s Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration.
Legal Entities. If you decide to initiate arbitration on behalf of the company or legal entity you represent, you will be required to pay the arbitration initiation fee as well as any additional deposit required by Arbitration Service Provider to initiate your arbitration. You also agree to pay the costs of the arbitration proceeding. Other fees, such as attorney’s fees and expenses of travel to the arbitration, will be paid in accordance with Arbitration Service Provider Rules. The arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration.
Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service, including disputes involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.
Changes to this Section
AppsCode will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.