These terms of service (in short Terms) are being settled between AppSmartz ™ (in short company) and you. So, before accepting these terms, you are requested to go through these terms carefully to know about your legal rights and obligations with the company. These Terms create a legal agreement between you and the company for consultation towards grooming of your mobile apps.
Purpose:The purpose of appAhead is to offer consultation and solutions for driving organic app growth. The Services are offered to you on a subscription basis.
Services:include the free and paid services.
Consent:means the free and voluntary consent given by you to the company to provide your certain personal information to use said information by the company for marketing purposes.
User Content: means the photo, graphic, design, sound, videos, text of the user available on the app stores including Play Store, App Store or other OEMs.
Company Content:means the suggestions, descriptions with documents, texts, graphics, photos, sounds, videos, interactive features, and services that were created by the company for optimization of the user’s app store listing and experience.
IPRs:All the trademarks, service marks, watermarks, graphics, designs, logos contained, displayed on the platforms, website and the Services of the company are the Intellectual Properties of the company. The company does not grant any license, or right to anyone to alter, or try to alter its IPRs and content. The company shall not use or share the user’s content in any manner without the prior consent of the Client, other than for the purposes stated herein.
1.1. To avail the services of company, you shall register with company on its official webpage https://www.appahead.com/login by providing some personal information i.e. email ID, mobile number, app url and other information related to your app,
1.2. You will provide the true, correct and accurate information to the company while your registration.
1.3. You shall update the company on change of any of your information.
1.4. You may delete your User ID by sending a request to the company at at firstname.lastname@example.org only via email.
5. On your registration with the company, you acknowledge and agree that
5.1. You will keep your all details and passwords secure all the times,
5.2. You will be sole responsible and liable for the activity occurs in your user ID, the login details will only be used by you.
5.3. you will promptly inform the company in writing, if you become aware of any security breach, unauthorized access or use of your user ID.
5.4. The company is authorized to change its services in whole or in part any time due to maintenance or modifications required for the better experience of user to use the company services and features without any liability to you.
2.1. The company hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use its site and content over the site subject to acceptance of these Terms,
2.2. During the term of the Service Order, the company also grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to accept or reject the descriptions suggested by the company for the marketing growth of your app,
2.3. You will not (a) sell, lease, sublicense or distribute the Services and/or Content of the company, or any part thereof, or otherwise bypass any security measure of company with respect to the its services, (b) attempt to interfere into the third party application/s, software/s provided by the company in connection with its services and/or content, (d) copy, emulate, make derivative works, or allow copies, emulations or derivative works of the services and/or content of the company to be made, (e) use the services and/or content of the company for the purpose of or in connection with distribution of malicious content, spyware, cause of security breaches, Trojans or the like and will not use the services and/or content of the company to develop a competing service or product, (f) use the services and/or content of the company in any illegal manner or for unlawful purposes or for purposes not intended by the company AND/OR you will not allow anyone to do so. The company reserves the right to deny you access to the services in case you, at the sole opinion of the company, violate these restrictions.
2.4. Being a Client, you grant the company a royalty-free, fully paid, non-exclusive, license to use, access, adjust, and display Data, Client Content and other content you provide to us, solely for the purpose of providing you with the Services, related functionality, administering and making modifications to the services, as well as carrying out related tasks and collecting and analyzing aggregated statistics, metrics, insights, and general trend data about the services for amongst other things company’s marketing and promotional activities.
3.1. Services of the company also include certain Third Party Software, components, and materials, licensed under certain Open Source Licenses (OSL). These Terms do not limit your rights under, or grant you rights that supersede, the terms and conditions of any applicable OSL and the terms and conditions therein shall prevail with respect to any contradiction between the terms, with respect to such open source materials. You must review the OSL to understand your rights under them. In any event, where no such third party licenses exist or apply to certain open source material(s), the restrictions contained in these terms shall apply.
3.2.You represent, warrant and covenant that:-
3.2.1. you have the power and authority to enter into these Terms for your product, for which you want to avail the services of company and you are not subject to any agreement that conflict with your undertakings hereunder;
3.2.2. you own or have obtained the rights to all of the rights of your content and/or Data, and you have the rights to provide the company, the license granted in these Terms to use such user content and Data. You are solely responsible for the user content and the Data provided to the company in the context of your product;
3.2.3. you shall comply at all times with any and all applicable law with respect to your use of the services, the user Content and/or the Data and product
3.2.4. your use of services shall not be used and/or placed by you (or anyone on your behalf) in any context that harms the goodwill or reputation of the company or that may disparage or bring the company into a disrepute or dispute;
3.2.5. you shall ensure that the user content and Data shall not contain and/or be perceived as indecent, illegal, misleading, harmful, abusive, hateful, harassing, discriminatory, liable, defamatory or other offensive materials, including, without limitation, inappropriate pornographic, sexual, or any other type of prohibited materials;
3.2.6. the user Content is (and will continue to be throughout the Term) true, current, accurate, complete, non-confidential, and non-infringing upon any third party rights;
3.2.7. you shall be solely responsible for creating backup copies of your Content and Data that it creates, publishes or stores on or in connection with the Services, at your sole expense;
3.2.8. You are complying with all the laws, rules, guidelines etc made regarding successfully running of your product.
3.3 You shall: -
3.3.1. Indemnify, defend, and hold harmless the company from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising on account of any fault, error, lapse or non-compliance of any legal provision, rule, guideline etc. from your product or from a third-party claim, losses, expenses, damages, liabilities and costs, based on breach of any of its warranties and/or obligations under these Terms or any law, rule, guideline etc. by you or your product; OR on account of violation of third party content provided through the company or privacy rights either by you, your officials or your product
3.3.2. You shall give a prompt notice of any Claim made against the company to it and the company is entitled to assume sole control of the defense of such claim, suit or proceeding, including appeals, negotiations and any settlement or compromise thereof at your expense, provided that no settlement, consent order or consent judgment which involves any admission of any liability or wrongdoing, or any act or omission on your part may be agreed to by the company without your prior written consent, which shall not be unreasonably withheld or delayed,
3.3.3. you shall keep the company informed of the status and progress of such Claim.
3.4. You assume all responsibilities for the selection of the services to achieve your intended results. Applicable law may not allow the exclusion of certain warranties, so to that extent, such exclusions may not apply.
3.5. Changes may be made to these Terms from time to time. We will make reasonable commercial efforts to notify you by email or by any other means of any updates to these Terms.
3.6. Notwithstanding the foregoing, to the maximum extent permitted by law, your continued use of the Services or the Site will be deemed acceptance to amended or updated Terms. As such, you should check frequently the Site to see if we have updated these Terms.
3.7. Access to the platform, the services, or any part thereof, and any information related thereto, are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
3.7.1. Company, disclaims and makes no representations or warranties as to the usability of the reports provided in respect to the data to your business.
3.7.2. The possibility that information provided by the report may not correctly reflect current or future trends.
3.7.3. Company does not endorse any entity, product or service mentioned on the services, including any app(s) and/or client content.
3.7.4. Company does not and cannot warrant that the operation of the service is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations.
3.7.5. Company may, at its sole discretion, correct, modify, amend, enhance, improve and make any other changes to the services at any time or discontinue displaying or providing any content or features without any notice to client.
4.1. The term of these Terms shall be in accordance with the terms set forth in the applicable Service Order.
4.2. On breach of any of these terms by you, the present contract shall terminate immediately and nothing shall be refunded from the money paid by you to the company.
4.3. Upon the termination or expiration of these Terms as set forth above: -
5.1. The company may assign its rights or obligations under these Terms, subject to written notice to you in this regard.
5.2. You may not assign or transfer your rights and obligations under these Terms or the Service Order without the prior written consent of the company, which shall not be unreasonably withheld, and any attempted assignment shall be null and void.
5.3. You and the company are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the company.
5.4. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of the company.
These Terms (and any dispute or claim relating to it or its subject matter) is governed by and is to be construed in accordance with the Indian Laws. All disputes arising out of or in connection with these Terms shall be exclusively decided by the Sole Arbitrator appointed by the Company under the amended and upto date provisions of Arbitration and Conciliation Act 1996. Place of Arbitrator shall be at Mohali, Punjab, (India) and language of the arbitrator shall be English.
For any question, query or comments, you are welcomed to contact us on our e-mail appAhead.email@example.com.