Terms
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE.
These Terms of Use (“Terms”) are a legally binding agreement between you (“you” or “User”) and Appcharge Ltd. (“Appcharge”, “us”, “our”, or “we”), a company incorporated in the State of Israel, that has developed a platform for a cloud-based webstore (“Platform”). These Terms govern the access and use of this website (“Website”). By entering and using the Website and any of our services and interactions with you (“Services”) you expressly acknowledge and agree that you (“you” or “User”) will comply with, and be legally bound by, the terms and conditions set below and with all applicable laws and regulations regarding your use of the Website. If you do not agree to comply with and be bound by these Terms, please do not access or use the Website.
1. Acceptance and Eligibility By accessing and using the Website, you represent and warrant that you are at least 18 years old. You hereby represent that you possess the legal authority to enter into these Terms on your behalf and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms. We reserve the right: (i) to ask you for a proof of age at any point; (ii) to request your parents’ consent if we suspect you are under the applicable age; and (iii) to prevent you from any use of the Services if you were prohibited by us from using the Services.
2. Restrictions You may not, and you may not have or encourage or other person or entity to, directly or indirectly:
a. give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, transfer or distribute any portion of the Services to any third party or make the Services or access to the Services without our written permission;
b. access without authorization, attempt to gain unauthorized access, or probe, scan or test the vulnerability of the Services or other computer systems or networks connected to the Services (including, without limitation, through the use of passwords of others, no matter how obtained), or circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services;
c. reverse engineer, decompile or disassemble the Services or any components thereof, or modify, translate, patch, alter, or change or create derivative works based upon the Services, or any part thereof;
d. use any robot, spider, scraper, any search or retrieval application, or other manual or automatic device, process or method to access the Service and retrieve, index or data-mine or other automated means to access the Services for any purpose, or use such tools to harvest, post, solicit or collect personally identifiable information about other users without their express consent;
e. impose or take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on our or our third-party service providers’ infrastructure;
f. intentionally interfere or attempt to interfere with the integrity or proper working of the Services, or use the Service in an illegal manner or encourage or promote any illegal activity;
g. remove, deface, obscure, or alter our or any third party’s copyright notices, trademarks, text or hyperlinks or other proprietary material affixed to or provided as part of the Services;
h. use or access the Services to develop a competing service or product;
i. upload or transmit to or through the Service or to any encrypted information or material that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, access without authorization, disrupt, impair, disable or otherwise overburden the Services, computer, network or system;
j. exploit, distribute, develop or publicly inform other Users or the public of any error, miscue or bug which provides an unintended advantage, or of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or interfere with the ability of others to enjoy using the Service, including by disrupting, overburdening or aiding the disruption or overburdening of the Service servers, or by taking actions that interfere with or materially increase the cost to us of providing the Service for the enjoyment of all its users;
k. improperly use support channels to make false reports to Pocket Pie or using profane, defamatory or abusive language in your communications with our support personnel;
l. use the Services or engage with Users in a manner which violates or is likely to violate these Terms;
m. use the Services or engage with other Users in any manner that violates any relevant law or that infringes, misappropriates or violates Appcharge and/or any third party’s rights.
3. Privacy Policy
Appcharge may use personal information that we may collect or obtain in connection with your access of the Services in accordance with our Privacy Policy and you agree that we may do so.We encourage you to read our privacy policy, which describes how we use such information.
4. User Misconduct
If you believe another User has acted inappropriately (whether by violating these terms or in an otherwise offensive, violent, harassing or dangerous manner), please report immediately to the appropriate authority and to us at privacy@appcharge.com.
5. Intellectual Property Rights
5.1.The Website, the documentation, the Services and any right (including, but not limited to, application, software, code, themes, characters, stories, designs, concepts, graphics, content, text, pictures, sound, music, audio-visual effects, methods of operations, upgrades, updates, enhancements, improvements, modifications, derivative works) and any and all intellectual property rights pertaining thereto, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Appcharge and are protected by applicable patent, copyright, trade dress, trademark laws and other intellectual property laws and/or international conventions and treaties.
5.2.All rights not expressly granted to you hereunder are reserved by Appcharge and its licensors. These Terms do not convey to you an interest in or to the Appcharge’s Intellectual Property but only a limited revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of Appcharge’s Intellectual Property under any law.
5.3.You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms without Appcharge’s explicit, prior written permission.
5.4.Trademarks and Trade names. Appcharge’s marks and logos and all other proprietary identifiers used by Appcharge in connection with these Terms (“Appcharge Trademarks”) are all trademarks and/or trade names of Appcharge, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Platform belong to their respective owners (“Third Party Marks”). No right, license, or interest to Appcharge Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
6. Feedback
To the extent you provide any feedbacks, comments or suggestions to Appcharge regarding the Website (“Feedback”), you hereby grant Appcharge a worldwide, non-exclusive, sublicensable (including in unlimited tiers), transferable, perpetual, irrevocable, royalty-free, and fully paid license to use, modify, distribute, create derivative works of, publicly display and perform, broadcast, sell, make, import, export, and otherwise fully exploit such Feedback, for any use and purpose whatsoever. You hereby represent you are free to provide Appcharge with Feedback and that you shall not provide Feedback that infringes upon third parties’ intellectual property rights. It is further understood that use of Feedback, if any, may be made by Appcharge at its sole discretion, and that Appcharge in no way shall be obliged to make use of any kind of the Feedback or part thereof. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Appcharge to comply with any additional obligations with respect to any Appcharge current or future products, technologies or services that incorporate any Feedback.
7. Limitation of Liability; Waivers of Claims.
EXCLUSION OF CERTAIN LIABILITIES. IN NO EVENT SHALL WE OR OUR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF ANY KIND, OR DAMAGES OR LOSSES TO OR OF PROFITS, REVENUES, SAVINGS, BUSINESS, REPUTATION, GOODWILL OR DATA OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THESE TERMS, OR THE SUBJECT MATTER THEREOF, THE WEBSITE OR ANY PORTION THEREOF. LIMITATION ON TOTAL LIABILITY. OUR AND OUR AFFILIATES’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER THEREOF, AND THE WEBSITE OR ANY PORTION THEREOF, SHALL IN NO EVENT EXCEED AN AMOUNT WHICH EQUALS US $100. APPLICABILITY. THE LIMITATIONS, EXCLUSIONS, WAIVERS, AND TERMS OF THIS SECTION 8 APPLY (A) TO THE MAXIMUM EXTENT PERMITTED BY LAW; (B) REGARDLESS OF WHETHER THE DAMAGES OR LOSSES WERE KNOWN, FORESEEABLE, OR ADVISED OF TO OR BY US OR OUR OFFICERS, OUR DIRECTORS, OUR EMPLOYEES, OUR AFFILIATES, AND OUR AND THEIR LICENSORS AND SUPPLIERS (COLLECTIVELY, “OUR AFFILIATES AND SUPPLIERS”), AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER BREACH OF CONTRACT, TORT, OR OTHERWISE). YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Depending on where you reside and use the Website, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
8. Indemnification
YOU ARE AND AGREE TO BE RESPONSIBLE FOR YOUR ACTIONS AND YOUR USE OF THE SERVICES . YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR AFFILIATES AND SUPPLIERS, AND OUR AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES, CLAIMS, DEMANDS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS DUE TO OR ARISING FROM, INCLUDING ALLEGATIONS WHICH IF TRUE WOULD BE DUE TO OR ARISE FROM, (I) YOUR ACCESS, MISUES OR USE OF THE WEBSITE , (II) ANY VIOLATION OF THESE TERMS BY YOU, (III) YOUR BREACH OF THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE HEREIN, YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT (IV) AND (V)ANY CLAIM FOR LOSSES OR DAMAGE YOU CAUSE TO A THIRD PARTY IN CONNECTION WITH THE SERVICES. WE HAVE THE RIGHT TO CONTROL THE DEFENSE AND SETTLEMENT OF ANY SUCH CLAIMS WHICH ARE MADE AGAINST US, OUR AFFILIATES AND SUPPLIERS.
9. Amendments to these Terms
Appcharge may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. All changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that these Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
10. General
10.1.PayPal Payments. Appcharge is the Merchant Of Record regarding any payments through Paypal. Therefore, we are legally responsible to process and settle complaints, disputes, or similar issues that may arise. All such matters should be directed exclusively to Appcharge for resolution. To get in touch with us regarding any disputes, complaints, or related concerns, please reach out to our dedicated contact team at: privacy@appcharge.com.
10.2.Relationship. Your relationship with us, is limited to being a User and not an employee, agent, joint venture or partner of ours. This is the case for all users. You act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, us or our Affiliates and Suppliers. you agree not to take any action which may create a false impression that you are endorsed by, partnering with, or acting on behalf, or for the benefit, of us, including by inappropriately using any of our content or our trademarks.
10.3.Governing Law; Jurisdiction. These Terms, the subject matter of these Terms, and any disputes between you and us or our affiliates (including, without limitation, regarding your breach of these Terms) shall be governed and interpreted in accordance with the laws of the State of Israel, excluding its conflicts or choice of laws or rules principles. Any such disputes will be subject to the exclusive jurisdiction of the competent courts located in Tel-Aviv Jaffa, Israel, and you and Appcharge each submit to the jurisdiction of such courts and waive all claims object to such jurisdiction, venue and forum, including, without limitation any claim of forum nonconvention. As an exception to this, preliminary, interim or other temporary injunctive or other relief (such as, for example, a court order) in any competent court in any jurisdiction worldwide.
10.4.Assignment. You may not assign, transfer or delegate these Terms or any rights or obligations you have under these Terms to any other person or entity, but we may do so without restriction.
10.5.Survival. This Section 9 (General), Sections 2 (Restrictions), 3 (Privacy Policy), 4 (Intellectual Property Rights), 5 (Feedback), 6 (Limitation of Liability), 7 (Indemnification), 10 (Amendments to these Terms) shall survive termination of these Terms.
10.6.Miscellaneous. These Terms together with any notices we post on the website constitute the entire agreement between you and us with respect to the subject matter of these Terms. They may not be changed by you without our express written consent, but may be changed by us without restriction. No waiver under these Terms shall be deemed a continuing waiver, unless expressly stated or agreed otherwise by the party against whom enforcement of such waiver is sought. Headings in these Terms are for your convenience and shall not be used in interpreting these Terms. If any provision of these Terms is held to be invalid or unenforceable, (i) the remainder of the Terms will remain in full force and effect, and (ii) the invalid provision shall be substituted with a provision that most closely approximates the original legal and economic effect of the invalid provision. Any right or remedy given in these Terms is, unless expressly stated otherwise, without exclusion of, or limitation to, any rights or remedies, otherwise available under these Terms, at law or equity. The prevailing party in any action or proceeding that is brought shall be entitled to reasonable attorneys’ fees from the other with respect to such action, in addition to any other relief or damages to which that party may be entitled.
10.7.Notices and Disclaimers.
10.7.1. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICE IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT OUT WARRANTIES, GUARANTEES, PROMISES, OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, ALL OF WHICH ARE HEREBY DISCLAIMED ON BEHALF OF OURSELVES, OUR AFFILIATES AND SUPPLIERS, INCLUDING, W I T H O U T L I M I TAT I O N , A N Y WA R R A N T I E S O F MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR WHICH MAY ARISE IN THE COURSE OF DEALING OR USAGE OF TRADE.
10.7.2. Appcharge assumes no liability, representations, warranties or responsibility for any: (i) errors, mistakes, defects or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of our secure servers or any and all personal information or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service; or (viii) The Services will meet your requirements or that transmissions or data will be secure.
13. Contact Us If you have any questions or comments concerning these Terms, you are most welcome to send us an e-mail to: privacy@appcharge.com or to this physical address: Ahad Ha’Am Street 35, Tel Aviv, Israel.