APPEASY TERMS OF SERVICE

 

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12. IT AFFECTS YOUR RIGHTS AND HOW DISPUTES ARE RESOLVED.

 

Welcome to the AppEasy Web site, owned and operated by AppEasy (“AppEasy” or “we”, “us”, or “our”). AppEasy is registered in the state of Minnesota, with its principal place of business in Hennepin County. These terms of service (“the Terms”) govern your (“you” or “your”) access and use of this Web site, located at www.appeasy.app (“the Site”) and the services that we provide through the Site (collectively referred to as “the Services”). By clicking “I accept”, where indicated, or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you may not use the Services. You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction (if different than 18) to use the Services.

 

  1. Privacy. Your privacy is important to us. Please read our Privacy Policy, as it describes the types of data that we collect from you and your devices (“Data”), how we use your Data, and the legal basis that we have to process your Data. By agreeing to these Terms or providing information to or through the Services, you consent to all actions taken by us with respect to your Data as described in the Privacy Policy.

 

  1. Access and Use.

 

(a) Ownership and Confidentiality. The structure, organization, and source code of the Services and related artifacts (including user interfaces) contain proprietary and confidential information that is the exclusive property of AppEasy. AppEasy owns all proprietary rights, including patent, copyright, trade secret, trademark, and other proprietary rights, in and to the Services and any corrections, enhancements, updates, or other modifications, including custom modifications, to the Services, whether made by AppEasy or a third party. During the effective period of this Agreement and at all times after its termination, you will maintain the confidentiality of this information and you will not sell, license, publish, display, distribute, disclose, or otherwise make this information available to any third party nor use such information except as authorized by this Agreement.

 

(b) License. Subject to and conditioned on your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services, including any materials made available to you for download or access on or through the Services, solely for your internal business use.

 

(c) Usage Restrictions. You will not use the Services for any purposes beyond the scope of the access granted in these Terms. You will not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) dis-assemble, de-compile, or otherwise attempt to discover the source code of the Services (iii) sell, license, sub-license, assign, distribute, publish, transfer, or otherwise make available the Services except as expressly permitted under these Terms; (iv) remove any proprietary notices from the Services; or (v) use the Services for fraudulent, offensive, or obscene activity or in any manner or for any purpose that infringes, mis-appropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule. You may not publish or use any AppEasy trademarks, branding, or logos without our prior written consent in each instance.

 

(d) Reservation of Rights. AppEasy reserves all rights not expressly granted to you under these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Services.

 

  1. Your Responsibilities. (a) Third-Party Content. The Services may permit or suggest that you (i) access products, data, code, software, features, packages, applications, services, information, Web sites, or other materials that are owned by third parties and are integrated into or accessible through the Services (“Third-Party Apps and Services”) or (ii) import data for use in Third-Party Apps and Services. For purposes of these Terms, you acknowledge that Third-Party Apps and Services are subject to their own terms and conditions and privacy policies. If you do not agree to abide by the applicable terms for any Third-Party Apps and Services, then you should not install, access, or use such Third-Party Apps and Services. AppEasy is not responsible for Third-Party Apps and Services. (b) Third-Party Software. The software may include third-party applications that are licensed to you under these Terms or under their own terms. License terms, notices, and acknowledgements, if any, for such third-party applications may be accessible in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.

 

  1. Term and Termination. (a) Term. These Terms are effective on the date that you accept the Terms or begin using the Services and will be effective until terminated by you or AppEasy. (b) Termination or Suspension. We may terminate or suspend your access to the Services at any time for any failure to comply with these Terms. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of the Terms. AppEasy will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you may incur as a result of termination or suspension of the Services. (c) Effect of Termination. Upon termination of these Terms, you must immediately discontinue use of the Services. (d) Survival. This Section 4(d), Sections 6 through 14, any definitions necessary to interpret these Terms, and any right, obligation, or required performance of the parties under these Terms which, by their express terms or nature and context is intended to survive termination of the Terms, will survive any such termination.

 

  1. Your Content. (a) Ownership of Content. You own your Content and AppEasy has no ownership interest in it. “Content” means your posts and communications with others, the materials that you upload, share, or otherwise transmit through the Services, including information that you make publicly available. (b) Use of Content. You grant to AppEasy a non-exclusive, royalty-free, worldwide license to reproduce, publicly display, distribute, transmit and otherwise use your Content to provide the Services to you and others, to protect you and the Services, and to improve and promote the Services. You are solely responsible for your Content, and you will ensure that your Content will not violate any policy or terms referenced by or incorporated into these Terms or any applicable law.

 

  1. Intellectual Property. (a) Ownership of the Services. As between you and us, we own all right, title, and interest, including all intellectual property rights, in and to the Services. (b) Feedback. If you provide ideas, suggestions, or recommendations for changes to the Services, including new features or functionality, or any other comments, questions, or suggestions (“Feedback”), you grant us the right to use such Feedback on an un-restricted basis without any obligation to compensate you. All Feedback is and will be treated as non-confidential, and we are not required to use any Feedback. (c) Copyright infringement. If you believe that any content that appears on the Site or in the Services infringes any copyright rights, please forward all relevant information relating to the potential infringement to us.

 

  1. Disclaimer of Warranty. THE SERVICES ARE PROVIDED “AS-IS” AND YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. APPEASY SPECIFICALLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. APPEASY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE, OR TRADE PRACTICE. APPEASY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY OTHER PERSON OR ENTITY, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OF YOUR SOFTWARE OR THE SOFTWARE OF ANY THIRD PARTY, BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW.

 

  1. Indemnification. You will indemnify, defend, and hold harmless AppEasy its affiliates, and each of their respective directors, officers, employees, shareholders, agents, licensors, joint ventures, partners (including integration and marketing partners), service providers, and suppliers from and against any losses, expenses, damages, and costs, including reasonable attorneys’ fees incurred by AppEasy resulting from any third-party claim, suit, action, or proceeding arising from (i) an allegation that your Content or any use of your Content, in accordance with these Terms, infringes or misappropriates such third party’s intellectual property rights; (ii) your use of the Services; or (iii) any breach of these Terms.

 

  1. Limitation of Liability. IN NO EVENT WILL APPEASY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES OR ANY RELATED CONTENT, MATERIALS, OR INFORMATION (INCLUDING AS CONTAINED ON OR MADE AVAILABLE AT OUR WEB SITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF APPEASY, OUR AFFILIATES, RESELLERS, DISTRIBUTORS, THIRD-PARTY APPS AND SERVICE PROVIDERS, AND VENDORS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE PURCHASE PRICE.

 

  1. Legal Notices. Notices to AppEasy must be sent by electronic mail to the following address: feedback@appeasy.app. We may send notices to you by electronic mail at the address that you may provide to us, and you hereby consent to receiving electronic communications from us. If you choose not to provide such an address, we may make notices and other information available in updates to these Terms. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including the requirement that such communications be in writing.

 

  1. Modifications to the Terms. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of the Services following the posting of changes to these Terms on our Web site will mean that you accept those changes. If you do not agree to the modified terms for the Services, you should dis-continue your use of the Services. Unless we provide you with specific notice, no changes to the Terms will apply retroactively.

 

  1. Binding Arbitration and Class Action Waiver. We hope that a dispute never occurs between you and us, but if a dispute occurs, we agree to try for 60 days to resolve it informally. If we cannot resolve the dispute with you, you and we agree to pursue binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings in which a person acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties.

 

(a) Types of Disputes Covered; Everything Except Intellectual Property. The term “dispute” is as broad as possible. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, advertising, marketing, communications, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of the intellectual property rights of you, your licensors, us, or our licensors.

 

(b) Mail a Notice of Dispute First. If you have a dispute and you can’t resolve it with us, send a Notice of Dispute to us. Tell us your name, address, how to contact you, the nature of the problem, and the form of resolution that you expect. We will do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute remains un-resolved.

 

(c) Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org or call (800) 778-7879. To start an arbitration, submit a Demand for Arbitration to the AAA and send a copy to us. Any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing. Any in-person hearing will take place in the county of our principal place of business (Hennepin County, Minnesota). The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. A court has exclusive authority to enforce the prohibition of arbitration on a class-wide basis or in a representative capacity.

 

(d) Arbitration Fees and Payments. The AAA rules will govern payment of filing fees and the fees and expenses of the AAA and the arbitrator.

 

(e) Conflict with AAA Rules. These Terms govern to the extent that they conflict with the Commercial Arbitration Rules of the AAA.

 

(f) Must File Within One Year. You and we must file in arbitration any claim or dispute (except intellectual property disputes per Section 12(a) above) within one year from the date on which it could first be filed. Otherwise, it is permanently barred.

 

(g) Rejecting Future Arbitration Changes. You may reject any change that we make to this Section 12 by sending us a notice within 30 days of the change. If you reject such a change, the most recent version of this Section 12 before such rejection will apply.

 

(h) Severability. If any part of this Section 12 is found to be illegal or un-enforceable, the remainder will remain in effect, except that if a finding of partial illegality or un-enforceability would allow class-wide or representative arbitration, Section 12 will be un-enforceable in its entirety.

 

  1. Governing Law. The laws of the state of Minnesota without regard to principles of conflict of laws will govern these Terms and any claim or dispute that has arisen or that may arise between you and AppEasy.


14.  Miscellaneous. AppEasy will be excused from performance of these Terms to the extent that performance is prevented, delayed, or obstructed by causes beyond its reasonable control. These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between you and AppEasy concerning its subject matter, and supersede all prior agreements and representations between you and us. Only written waivers are effective. If any provision of these Terms is held to be un-enforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. You may not assign or otherwise transfer any of your rights in these Terms without our prior written consent, and any such attempt is void. We expressly reserve the right to assign these Terms and delegate any of our obligations hereunder. AppEasy and you are independent contractors and the relationship between you and us is a legal contract; it is not a legal partnership. We are not your agent or trustee. These Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.