Effective date: September 1, 2018
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
In no event shall Appitr Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Appitr Inc's website, even if Appitr Inc or a Appitr Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You shall not, directly or indirectly, and shall not permit any Authorized User or third party to:
You agree that you will be directly responsible and liable to us for:
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. Each user identification number and password combination is a unique authentication credential to be used by only one Authorized User. You are responsible for maintaining the confidentiality of all user identifications and/or passwords and for ensuring that none of your Authorized Users share their identification number and/or password with any third party or with each other. You are solely responsible for any and all activities that occur under your Account. You will not (and will not allow any Authorized User to) share your username and password with anyone (including any (other) Authorized Users). You agree to immediately notify Appitr of any unauthorized use of your Account, any user identification and/or password, or any other breach of security that comes to your knowledge. Appitr will have no liability for any loss or damage arising from your failure to comply with the terms set forth in this Section.
The materials appearing on Appitr Inc's website could include technical, typographical, or photographic errors. Appitr Inc does not warrant that any of the materials on its website are accurate, complete or current. Appitr Inc may make changes to the materials contained on its website at any time without notice. However Appitr Inc does not make any commitment to update the materials.
Appitr may provide the Services for free, or it may require you to pay for the Services based on the type of Services, number of Authorized Users, number of active Projects, and other criteria presented on our pricing page https://appitr.com/#pricing (“Pricing Page”) that you opt for. Accordingly, you may choose the type of subscription you want to avail. You will be liable to pay Appitr in accordance with your Subscription Plan.
General. When you purchase a subscription (“Subscription”), you expressly authorize us (or our third-party payment processor) to charge you for the term of your Subscription each time your payment is due in accordance with your Subscription Plan (each, a “Transaction”). We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
Subscriptions. If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Appitr. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. If you increase the number of Authorized Users by changing the number of Authorized Users under your Account, you expressly authorize us (or our third party processor) to charge your credit card on file for the pro-rated Subscription Fee corresponding to the additional Authorized Users for the remainder of your Subscription term.
Effect of Termination on Subscription. Our general policy is that YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. In addition, if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction or terminate your access to Services for any reason; if we cancel your Transaction or your access to Services, we’ll refund any pro-rated payment you have already remitted to us for such Transaction or access to Services. Without limiting the foregoing, you may cancel your Subscription at any time by visiting our Account page at https://ide.appitr.com/account and following the instructions to cancel your Subscription, and upon such cancellation, we will immediately terminate your access to the Services. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.
Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you and your Authorized Users) provide to be made available through the Services. Content includes without limitation User Content.
Ownership. Appitr does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Appitr and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. In addition, Appitr may monitor your use of the Services and use data and information related to such User Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregate Data"). As between Appitr and you, all right, title and interest in the Aggregate Data and all intellectual property rights therein, belong to and are retained solely by Appitr, and Appitr may make such Aggregate Data publicly available, and use such information to the extent and in the manner it deems fit including without limitation, as required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement, service improvement, and marketing, provided that no such Aggregate Data identifies you or any Authorized User.
Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Appitr a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, access, process, save, store, modify, create derivative works based upon, distribute, transmit, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; (ii) you have obtained all consents and permissions from all Authorized Users and others, for your collection of the User Content contributed by them, and transmission and use thereof to Appitr as contemplated herein; and (iii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Appitr on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (including, any applicable local, national and international laws).
Removal of User Content. You can remove your User Content by specifically deleting it or deleting your Account. However, in certain instances, some of your User Content (such as archived copies of your Projects or Projects shared with other Team Members who are still working on it) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Appitr. Subject to your compliance with these Terms, Appitr grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and internal business purposes only.
Storage. APPITR IS NOT RESPONSIBLE FOR STORING ANY USER CONTENT, AND WE RECOMMEND THAT YOU APPROPRIATELY BACK-UP ALL YOUR USER CONTENT. IN THE EVENT OF ANY LOSS OR CORRUPTION OF USER CONTENT, APPITR WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO RESTORE THE LOST OR CORRUPTED USER CONTENT FROM THE LATEST BACKUP OF SUCH USER CONTENT MAINTAINED BY APPITR IN THE NORMAL COURSE OF BUSINESS USING ITS STANDARD ARCHIVAL PROCEDURES. APPITR WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY USER CONTENT. APPITR’S EFFORTS TO RESTORE LOST OR CORRUPTED USER CONTENT PURSUANT TO THIS SECTION 8(g) WILL CONSTITUTE APPITR’S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF USER CONTENT.
You agree not to (and ensure that none of your Authorized Users) do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, Appitr’s name, any Appitr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Appitr’s express written consent;
Access, tamper with, or use non-public areas of the Services, Appitr’s computer systems, or the technical delivery systems of Appitr’s providers;
Attempt to probe, scan or test the vulnerability of any Appitr system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Appitr or any of Appitr’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Appitr or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Appitr trademark, logo, URL or product name without Appitr’s express written consent;
Use the Services or Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Appitr respects copyright law and expects its users to do the same. It is Appitr’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Appitr Inc has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Appitr Inc of the site. Use of any such linked website is at the user's own risk.
These terms and conditions are governed by and construed in accordance with the laws of Turkey and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Last update date: July 22, 2020