YOURAPP SPACE Terms Of Service
This agreement applies to all services of YOURAPP SPACE, including, but not limited to yourappspace.com.
This is a legal agreement between customer and YOURAPP SPACE. Customer and YOURAPP SPACE may each be referred to as a “Party” and collectively as the “Parties”.
If you do not agree to these terms, you will not be able to use this Site or Services for any purpose, so please review these terms carefully.
As used in the Agreement, the following defined terms shall apply:
RIGHTS AND LIMITATIONS ON USE
Acceptance of Agreement
You agree to comply with and be legally bound by the terms and conditions of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you.
Limited License
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with this Agreement.
Limitations on Use
Except to the extent permitted by applicable law, Customer and its Users shall not:
Modify, copy, display, republish, distribute, create derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or attempt to decipher any code related to the Services.
Modify, copy, or create derivative works of any YOURAPP SPACE’s materials.
Knowingly or negligently access or use the Services in a manner that abuses or disrupts security systems, Customer accounts of Services or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means.
Transmit through or post on the Services any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous, or otherwise unlawful or tortious, including material harmful to children or violative of third-party privacy rights.
Allow User licenses to be shared or used by more than one individual (except that User licenses may be reassigned to new Users replacing individuals who no longer use or access the Services through a Customer for any purpose).
Access or search the Services by any means other than YOURAPP SPACE’s publicly supported interfaces (e.g., “scraping”).
Impersonate another person or entity or misrepresent an affiliation with a person or entity (e.g., “spoofing” or “phishing”).
Send unsolicited communications, promotions, advertisements, or spam using or in connection with the Services.
Use of Information
We have the right to use the information you provide on our Site and Services as outlined in our Privacy Policy. Any suggestions or materials you share with us become our property, and we are not obligated to keep them confidential. We won't be responsible for any ideas or similarities in our future products or Services. We have exclusive ownership of these materials and can use them for any purpose without compensating you.
If you input data into our database that you consider a trade secret, understand that it may be at risk. We're not liable for any losses due to the disclosure of confidential information in our database.
Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy located in Site.
Errors, Corrections and Changes
We do not represent or warrant that the Site and Services will be error-free, free of viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information available on or through the Site and Services will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of the Site and Services at any time.
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site and Services.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and our Services and the content and materials provided therein.
Eligibility and Scope
To use the Services, Customer represents and warrants that they have the legal capacity to enter into this Agreement, and both Customer and its Users must be at least 18 years of age. If the laws in the jurisdiction where Customer or its Users reside require a higher age for YOURAPP SPACE to lawfully provide the Services and use their personal data without parental consent, then Customer or its Users must meet that higher age requirement. If any of the representations and warranties in this section are untrue, or if YOURAPP SPACE has previously prohibited Customer or its Users from accessing or using the Services, Customer and such Users may not access or use the Services.
REGISTRATION, PAYMENT, TAXES
Customer agrees to review this contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
Registration
Our Service requires you to register. If you register, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit:
Any other person using the registered sections under your name or username;
Access through a single name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use. You are responsible for maintaining the security of your account and password. You are also responsible for all content posted and activity that occurs under your account.
Free Trials
New Customers are eligible to participate in a free trial. The free trial starts when a Customer creates a Customer Account and ends upon the later of fourteen (14) days from the free trial start date. Please note that some Services and features may not be accessible during this trial period.
At any time during the free trial, a Customer may convert its free trial Customer Account into a paid Subscription.
Customer may not receive notice or confirmation from YOURAPP SPACE that the free trial has ended or that the paid Subscription has begun.
Payment and Billing
YOURAPP SPACE will invoice and the Customer agrees to pay subscription fees, along with applicable taxes. This obligation stands unless the Customer cancels the Subscription in a timely manner or YOURAPP SPACE terminates it. Subscriptions automatically renew, but either party can prevent renewal by providing written notice before the current term expires.
We reserve the right to increase fees for renewal terms with at least 60 days' notice. The increase won't exceed the greater of the publicly listed price on Site or 5% of the prior Subscription Term's Fees per unit.
To avoid fees for the next term, the Customer must cancel their subscription before it renews. Fees may include changes in service levels as requested by the Customer. We'll bill the Customer automatically on the same calendar day their Subscription began. If the Customer upgrades or adds paid features, we'll calculate charges based on the remaining days in their billing cycle. Please note that downgrading may result in data or feature loss, and YOURAPP SPACE won't be held responsible for any such losses.
With the exception of what's required by applicable law, including Australian law, all purchases are considered final. YOURAPP SPACE does not offer refunds or credits for partially used subscription periods, downgrades of service levels, removal of paid components or features, or for any feature or component that the Customer has paid for but not used.
If Customer’s credit or debit card used to pay the fees reaches its expiration date, Customer’s continued use of the Services constitutes its authorization for YOURAPP SPACE to continue billing Customer, and Customer remains responsible for any uncollected amounts.
Customer may cancel its Subscription at any time and cancellation will be effective immediately. Customer agrees that, after termination or expiration of its Subscription, its Customer Account will be converted to a free Customer Account (if available for the particular terminated or expired Subscription).
Taxes
Concerning the acquisition and/or utilization of our Services, the Customer may become liable for taxes imposed by any competent taxing authority. The Customer acknowledges that they bear sole responsibility for fulfilling their tax obligations and making the necessary tax payments. Unless mandated otherwise by applicable laws, the Customer agrees to indemnify YOURAPP SPACE for any obligations or liabilities incurred by YOURAPP SPACE in relation to such taxes. YOURAPP SPACE inability to assess the correct taxes due to incomplete or inaccurate information provided by the Customer will not absolve the Customer of their responsibilities as outlined in this section.
Payment Fees
If Customer makes any payment via credit card, foreign currency, or wire transfer, all associated credit card fees, currency exchange fees, and outgoing and incoming bank fees (including, without limitation, Customer’s bank fees and YOURAPP SPACE’s bank fees) (collectively with credit card fees and currency exchange fees, “Payment Fees”) shall be Customer’s responsibility and shall be recoverable by YOURAPP SPACE from Customer. Customer may include such Payment Fees at the
time of the payment to YOURAPP SPACE. However, if such payment fees are not included by Customer at the time of payment to YOURAPP SPACE, then YOURAPP SPACE shall be entitled to full reimbursement of such payment fees from Customer within sixty (60) days of any applicable payment initiated by Customer.
Suspension of Services
YOURAPP SPACE retains the right to suspend Customer's access to all or part of the Services if it determines, at its sole discretion, that:
Payment for the Services is not received within fourteen (14) days from the due date;
Customer's or its Users' use of the Services violates this Agreement;
Customer's use of the Services poses a security or other risk to the Services or to other users of the Services;
Suspension is required by a subpoena, court order, or other legal process.
YOURAPP SPACE agrees to notify Customer of any such suspension. Customer will remain responsible for all fees incurred before or during any suspension. YOURAPP SPACE reserves the right, at its sole discretion, to impose reasonable fees to restore archived data from delinquent accounts upon Customer's request.
CUSTOMER INFORMATION
Customer Data
Customer retains all rights to its Customer Data, granting YOURAPP SPACE a non-exclusive, transferable, sublicensable, worldwide, royalty-free license as necessary for Service provision. Both Parties shall employ reasonable security measures to protect Customer Data per industry standards. If Service issues relate to Customer Data, Customer will cooperate to resolve them.
Customer shall comply with IP laws and legal duties associated with Service use, including providing necessary information and notices. This Agreement outlines YOURAPP SPACE's obligations regarding Customer Data. YOURAPP SPACE will delete inactive free accounts, including Customer Data and Customer Account, after 180 days. Customer must download their data before deletion
Customer Account
Customer is responsible for configuring their Customer Account, the security of their equipment and networks, ensuring Users log off properly, and maintaining the confidentiality of login information. Customer must immediately report any unauthorized use or security breaches.
Unauthorized use may result in liability for losses and expenses. A Customer Account is owned by the individual or entity that completes the registration process, and YOURAPP SPACE relies on provided information to resolve issues.
The owner of the Customer Account and any authorized Users will have access to the information in the Customer Account, based on the account's sharing settings. YOURAPP SPACE will not grant access to any other individual or entity at any time, unless the Customer Account owner provides prior consent. The Customer acknowledges that YOURAPP SPACE may act on instructions provided by the Customer Account owner, either through the Account dashboard or via email from the
address on file with YOURAPP SPACE for the Customer Account owner. In case of a dispute over Customer Account data, YOURAPP SPACE will only disclose information to individuals other than the Customer Account owner if mandated by a court order or another notarized waiver and release, as determined by YOURAPP SPACE. The Customer bears sole responsibility for understanding the settings, privileges, and controls for the Services, as well as for managing who is allowed to become a User and the associated settings and privileges for each User. The Customer is accountable for the actions of all its Users, including any orders they may place and how Users handle Customer Data, regardless of whether those Users are affiliated with the Customer's organization or domain.
Aggregated Anonymous Data
YOURAPP SPACE may compile metadata and usage data from Customer and/or its Users, collected or otherwise accessible through the Services, to create results that do not contain personally identifiable information about Customer and/or its Users ("Aggregated Anonymous Data"). This Aggregated Anonymous Data is considered the proprietary technology of YOURAPP SPACE. Customer acknowledges that YOURAPP SPACE has the ongoing right to utilize the Aggregated Anonymous Data for the following purposes:
Internal statistical analysis.
Enhancement and refinement of the Services.
Generation and distribution of reports and other materials pertaining to Service utilization. It is important to clarify that this section does not grant YOURAPP SPACE the authority (or capability) to publicly identify Customer and/or its Users as the origin of any Aggregated Anonymous Data.
TECHNICAL SUPPORT
Your use of the Service and the Website is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email or through the website.
You understand that the response time to requests for technical support can be up to and exceeding three (3) business days under some circumstances.
You understand that YOURAPP SPACE uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.
DISCLAIMERS AND INDEMNIFICATION
The information, content and documents from or through the site and services are provided "as-
is," "as available," with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
The information and services may contain bugs, errors, problems or other limitations. we and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in this contract.
In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss
of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
We and our affiliated parties are also not liable for any loss or disclosure of information from you or your company.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you.
This Site and the products, services, documents and information presented would not be provided without such limitations.
No advice or information, whether oral or written, obtained by you from us through the site, services or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, 'Affiliated Parties') harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site and Services.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, excluding Customer’s indemnification obligations and customer’s breach of section 2, neither party shall be liable to the other party or any other person for any indirect, special, consequential, or incidental damages, including exemplary damages, arising out of or relating to:
loss of data;
loss of income;
loss of opportunity;
lost profits;
unavailability or non-performance of any or all of the services, regardless of the cause and legal basis for liability, including breach of contract, tort (including negligence), or violation of statute, even if advised of the possibility of such damages.
Certain jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations in this section may not apply if customer resides in such a jurisdiction.
To the maximum extent permitted by applicable law, except for customer’s indemnification
obligations and customer’s breach of section 2, the total aggregate liability of either party and their respective affiliates, licensors, and service providers arising from this agreement and/or its termination shall be limited to the total amounts actually paid for the relevant services during the twelve (12) months immediately preceding the incident giving rise to the liability. This limitation shall not affect customer’s obligations to pay any fees or other amounts due to YOURAPP SPACE. Additional limitations of liability specific to individual services may be contained in the service descriptions.
ADDITIONAL TERMS
Securities Laws
The Site and Services may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site and Services, words like "anticipates," "expects," "believes", "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and Services and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Third-Party Services, Links and Content
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement.
Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site and services.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Third party content may appear on the Site and Services or may be accessible via links from the Site and Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site or Services provided to you. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs or opinions.
The Site and Services may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our
Site and Services pages does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and Services and access these third-party sites, you do so at your own risk.
Linking To The Site And Our Services
You may provide links to the Site and our Services, provided:
that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site and Services,
your site does not engage in illegal or pornographic activities,
you discontinue providing links to the Site and Services immediately upon request by us.
Copyright
YOURAPP SPACE reserves the right to delete or disable any Customer Data allegedly infringing copyright(s); to require that Customer terminate the accounts of Customer who are repeat copyright infringers; and to forward the information in any copyright-infringement notice to the user who allegedly provided the infringing content.
Force Majeure
Notwithstanding anything to the contrary in this Agreement, neither Party shall be held responsible or liable for any delay or failure to fulfill its non-monetary obligations hereunder to the extent caused by unforeseen circumstances or factors beyond its reasonable control, including but not limited to acts of God, earthquakes, fires, floods, sanctions, embargoes, strikes, lockouts, or other labor disturbances, civil unrest, failure, unavailability, or delay of suppliers or licensors, riots, terrorist acts, or other malicious or criminal activities, war, failure or interruption of the Internet or third-party internet connections or infrastructure, power failures, actions taken by civil and military authorities, and severe weather events (collectively referred to as "Force Majeure"). The Party affected by Force Majeure shall promptly notify the other Party in writing (when possible) of its inability to perform due to Force Majeure and shall make reasonable efforts to minimize any resulting delay in its performance.
Arbitration
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with in accordance with the Arbitration Law of Cyprus (Law 101/1987) and the rules of the arbitration institution chosen by the parties or, if no institution is chosen, by the Cyprus Arbitration and Mediation Centre (CAMC).
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Nicosia, Cyprus. The language of the arbitration shall be English.
The arbitration proceedings, including all documents, evidence, and awards, shall be treated as confidential by the parties involved and shall not be disclosed to any third party, except as required by law.
The costs of the arbitration, including arbitrator fees, administrative fees, and legal fees, shall be borne by the parties in accordance with the arbitrator's decision. Each party shall be responsible for its attorney's fees.
Miscellaneous
Any provision of this Agreement that, by its nature, reasonably extends beyond its termination or expiration, shall survive. If any provision of this Agreement is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified by the court and interpreted to best achieve the objectives of the original provision to the fullest extent permitted by law, and the other provisions of this Agreement shall remain in full force and effect. YOURAPP SPACE 's resellers and distributors do not have the right to modify this Agreement or make any additional representations, commitments, or warranties binding on YOURAPP SPACE, its Affiliates, or its subcontractors. No waiver or amendment of any term or condition of this Agreement shall be valid or binding on any Party unless agreed to in writing by such Party.
YOURAPP SPACE 's failure to enforce any term of this Agreement will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise specified, remedies are cumulative. This Agreement is accepted through purchase (including automatic renewals) and/or use of the Services.