Appiyo Technologies Pte Ltd (Appiyo) offers its Service (as defined below) to Users through its web site located at www.appiyo.com (the "Site"), subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these TOS, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these TOS, you shall not use the Service.
Appiyo may change this TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any amendment/ revision to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.Description of Service
The "Service" includes (a) the Site, and all the services made available via the Site, in particular the platforms for development, collaboration, and trading and associated systems, and (b) all software, data, text, images, sounds, video, and content made available through the Site or Services, collectively referred to as the "Content". Any new features added to or augmenting the Service are also subject to this TOS.
General Conditions/Access and Use of the Service
Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement, and in full compliance with the laws and regulations that are applicable. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components, or (d) use the Service in any manner as to infringe or violate any rights, including intellectual property rights of any third party. Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components, including all platforms, tools, and systems provided on the Site and any modification or improvement thereto shall belong exclusively to and remain the property of Appiyo. You shall not modify, adapt or hack the Service or its components or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall not falsely claim or imply any sponsorship or association with Appiyo. You are responsible for all information, data, text, messages or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that your login may only be used by one (1) person. You may create separate logins for as many people as your plan allows. However a single login shared by multiple users is not permitted. Appiyo reserves the right to access any or all your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. We will not disclose your data third parties except where compelled by law or if permitted by you. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Appiyo's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Appiyo will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.Use of Market Place
You may offer any of your software or applications or technology or other products or services (hereinafter referred to as “products or services”) for use, sale or licensing to potential customers on the site, by listing the same in the “Market Place” Section of the site. By posting information on your products or services you consent to the same being disclosed to all persons expressing interest in them, including potential buyers/licensees. By posting information on your products or services you certify that the same is accurate, authentic and valid; that you are fully entitled and authorised to offer the same for sale or licensing or otherwise deal with them; and that you are not infringing any rights, including intellectual property rights and confidential information of third parties, or any agreements or arrangements with third parties. You also agree that any information shared with you relating to any product or service in your capacity as a potential buyer, seller, licensor, licensee or intermediary or agent is confidential and you would not disclose the same to third parties.
You shall obtain all required information about the product or service or the vendor/licensor/consultant concerned before you transact in relation to any product or service. Appiyo does not endorse or guarantee the quality, functionality or any other trait or aspect of any product or service offered on the Site and does not accept any liability whatsoever in relation to any transactions on the Site. You shall be transacting at your own risk and are advised to act with due diligence in all such matters.
In the event that any amount whose refund is sought, is equal to or less than the bank transaction charges, no refund would be made. There would be no refund if information/content posted by you is removed due to violation of the terms of this Agreement, or due to any maliciousness of the content or intent, or pursuant to any court order or order of any statutory or other authority or any legal requirement. Refund would be made in the same currency, in which payment is made. The failure of The Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right and it governs your use of the service and takes the place of prior agreements between you and The Company, if any.Cancellation and Termination
You are responsible for cancelling Your account by sending a request to email@example.com We will then contact Your account administrator and require a confirmation by replying to our email. There are no other means of cancelling your account. You will lose access to all of your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again. You will only be charged for the existing usage fees of your account, if any. Appiyo reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, if Appiyo believes that You have violated these TOS or conducted for other reasonable cause. Appiyo will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, inappropriate, unethical or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Appiyo shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
Appiyo and various logos used or displayed on the Service are trademarks of Appiyo and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Appiyo products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings, or falsely claim any sponsorship or association with Appiyo.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL APPIYO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, Appiyo SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some U.S. states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, Appiyo’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.Assignment
Appiyo may assign or transfer this TOS, in whole or in part, without restriction.Export Compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.Forward-Looking Statements
Some of the information contained on the Site may contain projections or other forward-looking, which include but not limited to statements regarding Appiyo’s future financial performance. These forward-looking statements are subject to risks and uncertainties, and actual results could differ materially due to several factors, including but not limited to the success of Appiyo’s research and development efforts to develop new products and to penetrate new markets, the market acceptance of Appiyo’s new products and updates, technical risks related to such products and updates, Appiyo’s ability to maintain market share for its existing products, the availability of adequate liquidity and other risks and uncertainties. All forward-looking statements are made as of the date hereof and Appiyo disclaims any responsibility to update or revise any forward-looking statement provided in the news release.Governing Law
These TOS shall be governed by the laws of Singapore without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of Singapore relating to your access to or use of the Service.Waiver
No waiver by Appiyo of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term, or provision of these terms and conditions at that time or a waiver of that or any other right, term, or provision of these terms and conditions at any other time.Delivery Policy
Unless otherwise stated, these Appiyo Delivery Policies listed below describes the quality of service for the Appiyo Cloud Services purchased by you.
Appiyo uses SSL encryption for all external connections which uses the internet medium. SSL (Secure Socket Layer) connections are negotiated for at least 128 bit encryption or higher.
Appiyo uses industry standard firewall to secure messages entering our servers. All ports except the essential ones are blocked at the firewall layer. Appiyo uses standardized system hardware hardening procedures to prevent any unauthorized programs from running within. This includes restricting protocol access, disabling unnecessary software, providing only authorised user accounts.Appiyo uses replication architecture to ensure high availability and fault tolerance to its systems.
Access to Appiyo system is controlled by restricting access to only authorized personnel. Access control includes authentication, authorization and access approval.
Appiyo provides data encryption (SSL) technologies to protect data when in transit. Data stored in mobile devices are stored in encrypted fashion. Data stored in the servers are secured by multiple layers of access control. Data storage replication technologies are used in the backend to provide failure proof, consistent and fault tolerant access to data. Automated backup procedures are put in place to provide additional layers of support.
Technical support for Appiyo will be available by email. Customers can access/avail support by sending email to firstname.lastname@example.org.In extreme circumstances users will be notified 72 hours in advance in case of planned system downtime. The downtime will not exceed 30 minutes and all efforts will be made to carry out the maintenance in a non-intrusive fashion as Appiyo employs replicated architecture. Maintenance and upgrades would be done by carrying out the necessary changes in one set of machines while the other set of machine keep servicing the user.Piracy Policy
Software piracy is broadly defined as the illegal duplication, use, sale or distribution of copyrighted software. Use of Appiyo.com is permitted subject to a “license agreement” that specifically states the “terms and condition” under which the software may be used, transferred or distributed. Duplicating Appiyo.com without a license to do so is note permitted.General
Copyright © 2014 Appiyo. All rights reserved.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Appiyo or other third parties. You are not permitted to use these Marks without the prior written consent of Appiyo or such third party which may own the Mark. Section titles in this Web Site Terms are for convenience only and have no legal or contractual effect.