Updated January 20, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. You agree that by using the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service at the top of this page, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Service after the date such revised Terms of Service are posted. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS. Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Service as well as documents, data, articles, opinions, images, applications, features, and other materials that are made available by us, third parties, or by you (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Service and have paid for the Service, you are granted a limited non-exclusive, non-sublicensable, non-transferable right to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks. Although Company does not claim ownership of any of the Content supplied by you, by posting or uploading your Content, you automatically grant us an irrevocable, non-exclusive, fully paid, and royalty-free license to use your Content only for the purpose of performing our Services and we agree not to share, distribute, or sell it to any third parties.
3. USER REPRESENTATIONS AND RESPONSIBILITIES.
a. By using the Service, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms of Service; (d) you will not use the Service for any illegal or unauthorized purpose; and (e) your use of the Service will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You, and you alone, are responsible for your account and anything that happens while you are signed in to or using your account.
b. You will create a personalized account which includes a unique username and a password to access our Services and to receive messages from us, our support team, and receiving relevant notifications from us, such as email marketing related to our Service. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify us immediately of any unauthorized use of your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or account.
c. We do not select or endorse any individual or business user nor any Content they make available to you or may post anywhere on our website or through our Service. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any user. We strongly advise and encourage users to, and each user represents and agrees that they will research, conduct their own due diligence, and , if necessary, do a background check on any user before accepting their advice or services, products, entering into any type of partnership, business, or other relationship, or offering them employment, consulting fees, performance based fees, or equity.
d. No Reliance on the Information. Content posted on or made available through us, such as blog posts or forums, is provided for informational and research purposes only, with no assurance that the Content is true, correct, or accurate. The Content is not a substitute for professional, business, technological, financial, or legal advice nor is it a solicitation to offer business, financial, technological, or legal advice regarding specific facts. You should not delay or forego seeking independent advice regarding your particular situation, application, or software. The Information, regardless of its source, is not regulated or overseen by any governmental or regulatory authority or agency.
e. We Do Not Guarantee Results. From time to time, users may submit reviews of our Service or of other users or the services or products of various businesses; these reviews do not constitute a guarantee, warranty, or prediction regarding the quality, effectiveness or outcome of any future matter. You agree that we shall have no responsibility or liability of any kind for any of the Content presented on or made available through us, and any use or reliance on such Content is solely at your own risk.
4. OUR SERVICE.
(a) Fees and Payment. You may be required to purchase or pay a fee to access the Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time, but they will not be effective until at least thirty (30) calendar days following our update on our Website. All payments shall be in U.S. dollars unless otherwise specified. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to refuse any order placed through the Service.
(b) Use and Support of our Service. Upon payment your payment for our Service, we agree to use our reasonable efforts to provide the necessary implementation support for the Service only if and to the extent reasonably necessary. If you require us to provide you with implementation, integration, or other work beyond what we feel is customarily necessary to use our Service, we will notify you via email and discuss what additional fees we would charge you for such work and enter into a separate contract for such work setting forth the work to be performed, the fees to be charged, and how we will be paid.
(c) Support and Maintenance. Subject to your payment of all applicable fees, we will use our reasonable efforts to provide support and maintenance for our Service in accordance with the support package you have selected and our then-current standard support policies.
(d) Service Updates. From time to time, with or without notice to you, we may provide improvements, upgrades, changes, patches, modifications, or fixes for our Service which will become part of the Service and subject to this Agreement; provided that we shall have no obligation under this Agreement or otherwise to provide any such improvements, upgrades, changes, patches, modifications, or fixes. If user has elected to pursue an On-Premise installation, any updates will need to be manually updated by the User via Docker as Appsurify is completely Firewalled off from any connection to On-Premise installations.
5. CANCELLATION. All purchases are non-refundable unless otherwise agreed with us in our sole discretion. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term and you agree you will not be entitled to a refund in whole or in part.
6. PROHIBITED ACTIVITIES You may not access or use the Service for any purpose other than that for which we make the Service available. You agree not to: (a) Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.(b) Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.(c) Attempt to impersonate another user or person or use the username of another user.(d) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.(e) Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.(f) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with the use, features, functions, operation, or maintenance of the Service. (g) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service either for your benefit or the benefit of a third party; (h) You agree you are responsible for all of your activity in connection with the Service, including but not limited to uploading your data or the data of anyone else (as defined below) onto the Service. (i) Use the Service in a manner inconsistent with any applicable laws or regulations.
7. SUBMISSIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. THIRD-PARTY WEBSITES AND CONTENT. The Service may contain optional integration or links to other services (“Third-Party Services”). To use such integrations and Third-Party Services, you may be required to pay by their service provider. Such Third-Party Services are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Services. These Terms of Service do not govern the use of the Third Party Services.
9. U.S. GOVERNMENT RIGHTS. Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our Services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our Services are subject to the terms of these Terms of Service in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our Services are acquired by or on behalf of any agency within the Department of Defense, our Services are subject to the terms of these Terms of Service in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202‑3. In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Service.
10. COPYRIGHT INFRINGEMENT AND DMCA POLICY.
If you believe that any Content violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act (DMCA) Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of our Service if the user is considered by us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of users who we believe repeatedly provide or post protected Content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through our website or Service infringes upon our copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Company’s designated copyright agent: Business: firstname.lastname@example.org, TN Attention: Copyright Agent.
c. Response To DMCA Take-Down Notices. If we take action in response to an infringement notice, it will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If you believe that your Content that has been removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content you submitted, you may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated in ten (10) to fourteen (14) business days after receipt of the counter-notice.
11. SERVICE MANAGEMENT. We reserve the right, but not the obligation, to: (a) monitor the Service for violations of these Terms of Service; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service; (c) in our sole discretion and without limitation, refuse, restrict access to, limit your use of the Service; and (d) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.
13. TERM AND TERMINATION. These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS. We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW. These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles
16. CORRECTIONS. There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.
17. DISCLAIMER. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
18. LIMITATIONS OF LIABILITY. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (a) $500 or (b) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) use of the Service; (b) breach of these Terms of Service; (c) any breach of your representations and warranties set forth in these Terms of Service; (d) your violation of the rights of a third party, including but not limited to intellectual property rights; or (e) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA. We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. For the most secure usage of the Service, Appsurify offers an On-Premise (Local) installation option via Virtual Machine which resides behind the User’s Firewall in the User’s own securely managed Infrastructure.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. CHOICE OF LAW AND DISPUTE RESOLUTION. This Agreement shall be construed in accordance with and governed by the laws of the State of Tennessee without reference to conflict of laws provisions.
User Dispute Resolution Procedures.
a. Users agree that any dispute arising out of or relating to this Agreement, or its subject matter, shall be resolved exclusively by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Either party may send a notice to the other party of its intention to file a case with the AAA under this Section (“Arbitration Notice”). The arbitration will be conducted in Nashville, TN by a single arbitrator chosen pursuant to the Commercial Rules of Arbitration of the AAA. The arbitrator will not be required to provide detailed written explanations to the parties to support the award decision and regardless of outcome, each party shall pay its own costs and expenses (including attorneys’ fees) associated with the arbitration proceeding. The successful party in the arbitration shall not be entitled to an award of reasonable attorney’s fees and costs. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.
b. You agree that any cause of action related to or arising out of this Agreement must commence, by filing a lawsuit pursuant to these Terms of Service, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and your rights to bring such action shall be permanently barred.
c. Jury Trial Waiver. You and we acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between you and us.
d. No Class Actions or Representative Proceedings. You acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless you and we both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
24. CONTACT US. In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at email@example.com. 1 (650) 402–1400