Appable | Terms of Service

This terms of service ("Terms", "Agreement") are an agreement between Appable ("us", "we", "our" or "Company") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the https:/appable.xyz website and any of its products or services (collectively, "Website" or "Services").

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms of service, you warrant and represent that you are at least 18 years of age.

User accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this agreement which may result in immediate termination of your account on our service.

You may not access the service through automated means, whether via bot or script unless through an officialy provided API. You are responsibile for using a secure password and maintaining the security of your account. You must notify us immediately upon becoming aware of any unauthorized access or breach of security of your account.

You may not create a profile or username that is offensive, promotes hate or violence, is otherwise objectionable, impersonates someone else, is illegal, or infringes on someone's intellectual property rights.

Subscriptions

Some parts of the service are billed on a subscription basis.

You will be billed in advance on a recurring and periodic basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account or by contacting our customer support team.

You may cancel your subscription at any time. We do not provide refunds for any subscription services. Your service will remain active until the end of the billing cycle.

Prohibited use

You may not use the service for any purpose outside of the the core service proposition. You may not use the service for any comemrcial activity that is not explicitly endorsed by us.

You may not use the service to crawl, scrape, or otherwise index information or user profile information or contact details from the service.
You may not use the service for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the service to submit content that is harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, or otherwise objectionable.
You may not use the service to submit content that infringes on the intellectual property rights of others, including patents, copyrights, trademarks, trade secrets, or other proprietary rights.
You may not use the service to target or coordinate abuse or harassment of others.
You must not use the service to transmit any unsolicited commercial communications.
You must not use the service to transmit any advertising or promotional materials.
You must not impersonate others or provide false information.
You must not transfer your account to another party without our consent.

Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms.

If you wish to terminate your account, you may simply discontinue using the service. All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If any provision of the terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable.

The failure to enforce any part of the terms shall not be considered a waiver of our right to later enforce that or any other part of the terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

Governing Law

These terms shall be governed and construed in accordance with the laws of california, without regard to its conflict of law provisions.

Disputes

In the event of a dispute arising under or relating to this agreement, the parties agree to first attempt to resolve the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

Any dispute arising under or relating to this agreement may only be brought in arbitration, administered by a single arbitrator in accordance with the rules of the arbitration institute of %{governing_law}.

Service Availability

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice and without liability to You.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

In no event will our employees, directors, agents or contractors be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any use or inability to use the service or for the cost of procurement of substitute services.

You agree that in no event will our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for a time period of 1 year prior to the event.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Certain state and national laws do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold us and our employees, contractors, agents and directors harmless from any and all claims, losses, liabilities, demands, expenses, and costs, including legal fees, resulting from your use of the service or your violation of these terms of service.

Contact Us

If you have questions or comments about these terms, you can contact us at support@appable.xyz.

Appable

Terms of Service

Last updated May 31, 2024