These Appnip Service Terms (these "Terms") explain the relationship between ERSLabs, (" Appnip", "we" or "us") and you when you (i) access and use Appnip.com and its related domains (together, the "Site") and/or (ii) download, install, use and in some cases purchase Appnip's proprietary email software applications (including all related documentation, updates and upgrades) and any other platforms offered through the Site (the "Appnip Software Services").
These Terms govern visitors' access to and use of the public areas of the Site, as well as access to and use of the Appnip Software Services. Unless otherwise indicated, "Appnip Software Services" as used throughout these Terms includes the public areas and the Appnip Software Services. For the purposes of these Terms, "you" or "your" refers to you as a visitor to or registered user of the Appnip Software Services.
THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND APPNIP. BY USING THE APPNIP SOFTWARE SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE APPNIP SOFTWARE SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND APPNIP AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
Appnip is a zero code, cloud development platform for developing, deploying and hosting Enterprise web applications
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the Appnip Privacy Policy ("Privacy Policy"), located at www.appnip.com/privacy or such other URL as Appnip may provide from time to time.
You are responsible for providing the equipment and platforms that you need to access, download, install and use the Appnip Software Services. Appnip does not guarantee that the Appnip Software Services are accessible on any particular equipment or device or with any particular software or platform plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Appnip; (ii) upload, otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Appnip reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The Appnip Software Services allow you to upload, use information and other content to and through the Appnip Software Services (collectively, "Your Content"). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that Appnip will use Your Content to provide the Appnip Software Services to you. You have or will obtain all rights necessary to provide Your Content to Appnip and you hereby grant Appnip a worldwide license to use, reproduce, display and adapt your Content as necessary for Appnip to provide the Appnip Software Services to you in accordance with these Terms.
Without limiting the terms of our Privacy Policy, you understand that we do not guarantee that your use of the Appnip Software Services and/or Your Content will be private or secure and we are not responsible or liable to you for any lack of privacy or security that you may experience. Information collected by your internet or mobile platform provider and other third parties is used, stored, transferred and disclosed pursuant to your internet or mobile platform provider's or the third party's terms, policies and practices. We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Appnip Software Services.
Appnip offers enhanced Appnip Software Services for a fee ("Paid Appnip Service). Appnip reserves the right to change the Fee Structure upon thirty (30) days advanced notice to paying customers.
Appnip does not store, process any of your credit card data but relies entirely on strip, Inc. to handle these functions. Payments due for the Paid Appnip Software Services are subject to the terms of the online order process at https://www.appnip.com/terms. If you do not agree to Stripe's terms, then please do not sign up for the Paid Appnip Service.
Your Paid Appnip Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Structure every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid Appnip Service. To cancel the Paid Appnip Service, please request to [email protected]. We begin to process cancellation requests immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company.
If payment in full of any amount owed to Appnip under these Terms is not received by Appnip within thirty (30) days after such payment has become due, such amounts will thereafter bear interest at the rate 0.05% per day or the maximum rate permitted by applicable law, whichever is less. If any payment due Appnip is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees.
We do not offer any refunds for Paid Appnip Software Services under any circumstances. You will have access to these platforms for the either the remaining monthly or annual plan that you have selected.
Appnip's Intellectual Property Rights. You acknowledge that Appnip owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Appnip Rights"), and such Appnip Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Appnip Rights include rights to (i) the Service developed and provided by Appnip; and (ii) all software associated with the Service.
Your Intellectual Property Rights. Appnip does not claim any ownership in any of the content that you upload, store in your Appnip account. We will not use any of your content for any purpose except to provide you with the Service.
You represent and warrant that (a) all of the information provided by you to Appnip to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
As a condition to using the Service, you agree to the terms of the Appnip Privacy Policy as it may be updated from time to time. Appnip understands that privacy is important to you. You do, however, agree that Appnip may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Appnip Privacy Policy.
After a period of inactivity, whereby a user fails to login to an account for a period of nine months, Appnip reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
You agree to indemnify and defend Appnip and its affiliates, directors, officers, employees and agents from and against all Claims brought against Appnip by any third party arising from your use of the Appnip Software Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. Appnip reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Appnip may be made without Appnip's prior written approval.
We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Appnip Software Services after the "Last Revised" date at the top of this page. Your continued access or use of the Appnip Software Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the Appnip Software Services and will destroy any copy (full or partial) of any and all parts of the Appnip Software Services in your possession or control. Termination will not limit any of Appnip's other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7, 8 and 15 will survive any termination or expiration of these Terms.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Appnip Software Services by any authority.
You agree that a breach or a threatened breach of these Terms will cause injury to Appnip for which money damages will not provide an adequate remedy and Appnip will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of Hyderabad, India.