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Terms and Conditions

Last updated: 2021-03-20

1. Introduction

Welcome to Appilix (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at appilix.com (together or individually “Service”) operated by Appilix.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected]

3. Fee

Appilix Services are offered to registered users as per the pricing plans, decided by Appilix. Users agree to make the required payment through one of the acceptable payment gateways before using the Services. Appilix does not store payment information (like the credit card number). Upon non-payment of the fee, Appilix reserves the right to terminate the Services provided.

Appilix, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Appilix will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

4. Refunds

Appilix does not offer refunds. Once you cancel your subscription you will not be charged for any subsequent months. Please read our Refund Policy, which describes more about our Refund system.

5. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Appilix has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Appilix or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

  • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
  • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of Service.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
  • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify Company rating.
  • Otherwise attempt to interfere with the proper working of Service.

7. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

8. Accounts

You may sign up for a personalized account (“User Account”) with Appilix in order to access the full range of features offered by the Website and Services. In creating Your User Account, You agree to submit accurate, current, and complete information about yourself and keep this information updated. Appilix reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current, or incomplete.

When You create Your User Account, You will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After You accept these Terms of Service and Your User Account registration has been accepted by Appilix, Your User Account will be established. You are solely responsible for any and all activities that occur under Your User Account, whether or not such use was authorized by You.

This information You provide is used for such purposes as allowing You to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content You see, and communicating with You about specials and new features. It is completely optional for You to engage in these activities and/or make any purchases from Appilix.

Please read our Privacy Policy, which describes how Appilix collects, uses, discloses, manages, and stores Your or Your customers’ personally identifiable information ("Personal Information"). You agree and understand that You are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account You use to access the Website and Services. Additionally, You may not use a User Account that belongs to someone else at any time without the permission of that account holder. Appilix is not liable for any harm caused or related to the theft or misappropriation of Your user name, password, User Content, the disclosure of Your user name or password, or Your authorization of anyone else to use Your user name or password.

9. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Appilix and its licensors. Our trademarks may not be used in connection with any product or service without the prior written consent of Appilix.

10. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

11. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected]

12. Error Reporting and Feedback

You may provide us either directly at [email protected] or by visiting contact page on our website: https://www.appilix.com/contact-us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

  • You shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback
  • Company may have development ideas similar to the Feedback
  • Feedback does not contain confidential information or proprietary information from you or any third party
  • Company is not under any obligation of confidentiality with respect to the Feedback

In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

13. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Appilix.

Appilix has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. For example, we use Firebase - Google for Push Notification system.

You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

14. Disclaimer Of Warranty

All content and/or services are provided by Appilix on an "as is" and "as available" basis. Appilix hereby expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, services or the content. Appilix does not warrant or make any representations as to the security of this website, the services, or content. You acknowledge that any information sent may be intercepted in transmission or otherwise. Appilix does not warrant that the website, services, content, or the servers which make this website available or electronic communications sent by Appilix are free from viruses or any other harmful elements.

The use of the website, or services or the downloading or other use of any products through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Appilix assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the website or in connection with any services or products offered through the website. No advice or information, whether oral or written, obtained by you from Appilix or from the website shall create any warranty not expressly stated in these terms of service.

15. Limitation Of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.

16. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

18. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

19. Contact Us

If you have any questions about this Terms and Conditions, You can contact us: