Terms of Service
The following terms and conditions govern all use of the UserApp website and all content, services and products available at or through the website, including, but not limited to, the UserApp user management service ("UserApp"), (taken together, the Services). The Services is owned and operated by UserApp, Inc. ("UserApp"). The Services is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by UserApp (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by UserApp, acceptance is expressly limited to these terms. The Services is available only to individuals who are at least 13 years old.
- Your UserApp Account. If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify UserApp of any unauthorized uses of your account or any other breaches of security. UserApp will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate an account, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
Without limiting any of those representations or warranties, UserApp has the right (though not the obligation) to, in UserApp' sole discretion (i) refuse or remove any content that, in UserApp' reasonable opinion, violates any UserApp policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in UserApp' sole discretion. UserApp will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Optional paid services such as extra capacity are available on the Services (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay UserApp the monthly or annual subscription fees indicated for that service (additional payment terms are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal. Unless you notify UserApp before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Settings section of your account's dashboard.
- Fees; Payment. By signing up for a UserApp account you agree to pay UserApp the monthly fees indicated at https://userapp.io/#pricing in exchange for the services listed at the same page. Applicable fees will be invoiced starting from the day your paid account are established and in advance of using such services. UserApp reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. UserApp accounts can be canceled by you at anytime on 30 days written notice to UserApp.
- Support. UserApp include access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by UserApp to respond within one business day) concerning the use of UserApp. All UserApp support will be provided in accordance with UserApp standard UserApp practices, procedures and policies.
- Content Posted on Other Websites. UserApp have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which UserApp links, and that link to UserApp. UserApp does not have any control over those non-UserApp websites and webpages, and is not responsible for their contents or their use. By linking to a non-UserApp website or webpage, UserApp does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. UserApp disclaims any responsibility for any harm resulting from your use of non-UserApp websites and webpages.
- Copyright Infringement. As UserApp asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by UserApp violates your copyright, you are encouraged to notify UserApp. UserApp will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. UserApp will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of UserApp or others. In the case of such termination, UserApp will have no obligation to provide a refund of any amounts previously paid to UserApp.
- Intellectual Property. This Agreement does not transfer from UserApp to you any UserApp or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UserApp. UserApp, the UserApp logo, and all other trademarks, service marks, graphics and logos used in connection with UserApp, or the Services are trademarks or registered trademarks of UserApp or UserApp licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any UserApp or third-party trademarks.
- Changes. UserApp reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. UserApp may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. UserApp may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your UserApp account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid UserApp account, such account can only be terminated by UserApp if you materially breach this Agreement and fail to cure such breach within thirty (30) days from UserApp’s notice to you thereof; provided that, UserApp can terminate the Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Services is provided “as is”. UserApp and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UserApp nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
- Limitation of Liability. In no event will UserApp, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to UserApp under this agreement during the twelve (12) month period prior to the cause of action. UserApp shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless UserApp, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between UserApp and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UserApp, or by the posting by UserApp of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of Sweden, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sweden. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sweden, in the Swedish language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; UserApp may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
November 15, 2013
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