Acceptance of Apptigent Terms and Conditions
By accessing or using the Apptigent products or services (“Product”), you agree to be bound by the terms and conditions presented herein, and the Privacy Policy, Usage Instructions, Terms of Use, and all other applicable legal notices and any specific contracts or affiliate or other agreements, all of which are incorporated herein by reference.
If you are entering into this agreement on behalf of a company or any other non-individual legal entity, you represent and warrant that you have the authority to bind that entity to these terms and conditions. In that case, the terms “you” or “your” shall also refer to any such entity. If you do not have such authority, or if you do not agree with this terms and conditions, you may not use the Product.
You acknowledge that this agreement is a contract between you and Apptigent, irregardless of physical signature by either party, in conjunction with all other materials incorporated by reference above.
Definitions
Product – The publicly available products or services offered by Apptigent as well as any related documentation.
Application – Any software application, website, or product you create or service you offer that uses the Product in any way, directly or indirectly.
Documentation – The documentation, data, content and information that Apptigent provides regarding the use of the Product.
Data – means all data uploaded, posted, transmitted or otherwise made available via interactions with the Product.
Apptigent Brand – The Apptigent brand and brand assets, including all names, logos, trade names and trademarks.
Services – The Product and related infrastructure.
Site – The Apptigent website located at http(s)://www.apptigent.com.
License
For so long as you are compliant with this agreement and all agreements incorporated by reference above, Apptigent grants you a limited, non-exclusive, non-assignable, non-transferable license to use the Product to develop, test, and support any software application, website, or product, and to integrate the API with your products or services.
Any violation of Section 4 will terminate your license to use the Product.
Use of Product and Apptigent Data
You represent and warrant that you will use the Product subject to the following rules:
You may not distribute or allow access to the Product to anyone other than, if applicable, the company on whose behalf you entered into this agreement. Any party who wants to access our Product must agree to be bound by this terms and conditions.
You may not use the Product in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these terms and conditions or Apptigent’s other agreements to which you are subject.
You will not rely on the functioning or correct function of the Product in the conduct of your ordinary course of business.
You may not use the Product or any other technology in a manner that accesses or uses any information beyond what Apptigent intends to allow under these terms and conditions; that changes, breaks or circumvents any of Apptigent’s technical, administrative, regulatory, process or security measures; that disrupts or degrades the performance of or that tests the vulnerability of Apptigent’s systems or networks.
You may not transmit any viruses or other harmful code or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Product or any portion thereof;
You may not use the Product to replicate or compete with the services offered by Apptigent, which are primarily regulated and licensed services;
You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Product.
You will not attempt to exceed or circumvent limitations on access (via rate limit or any other method), calls and use of Product, or otherwise use the Product in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these terms and conditions.
You consent that we may publicly refer to you, orally or in writing, as a licensee or user of the Product. We may also publish your name and logo (with or without a link to your website) on our website, in press releases, and in promotional materials without additional consent.
Storage of Data
You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by these terms and conditions.
All personally identifiable information (“PII”) is the sole responsibilty of the licensee, as is compliance with privacy protection laws in the licensee’s locality, including but not limited to the General Data Protection Regulation (“GDPR”), California Consumer Privacy Act (“CCPA”) and similar regulations.
Your user agreement(s) and privacy obligations
Your user agreement(s) and privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of all data. You must promptly notify us of any breaches of your user agreement(s) or privacy policy that impact or may impact Apptigent users.
Service Level Agreement
Apptigent makes no warranties, either express or implied, as to the general availability of the Services or suitability to any particular purpose.
Term and Termination
These terms and conditions will go into effect on the date upon which you agree to them, either expressly or by accessing or using the Product, and will continue until terminated as set forth within this agreement.
You may terminate these terms and conditions by discontinuing use of our Product. If on a paid subscription plan, you must also terminate the subscription (“unsubscribe”) using the links in the developer portal or by contacting us directely for assistance. Charges will be assessed until the end of the month in which the services were terminated. Pro rata refunds will not be given under any circumstances.
We may change, suspend or discontinue the Product at any time, and we may limit your access to the Product if, in our sole discretion, if we believe such access may negatively affect our Service or our ability to provide our Service.
Upon termination of these terms and conditions:
All rights and licenses granted to you will terminate immediately;
You will promptly destroy documentation in your possession or control that was received under this agreement;
Unless we agree otherwise in writing or as stated in this terms and conditions, you must permanently delete all Data and other information that you stored pursuant to your use of the Product; and
The following sections of these terms and conditions shall survive any termination – 4, 6, 7, 10 and 11.
Other
You represent and warrant that you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your application, website or other content, and that use of the Apptigent Product will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to the Digital Millennium Copyright Act.
Disclaimer of Warranties; Limitation of Liability; Indemnity
Limitation of Liability – TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APPTIGENT NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.
Termination of Services – Apptigent may suspend or terminate your use of the Services at any time, without notice for any reason, in Apptigent’s sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, Apptigent will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an email, but Apptigent is not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys’ fees) that Apptigent may incur in order to (a) collect any amounts you owe under this Agreements.
Non-Transferability of the Services – You may not assign this Agreement o any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without the prior written consent of Apptigent. Apptigent may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.
Modifications – Apptigent reserves the right to change this Agreement, or any portion of it, at any time, without prior notice.
Notices – Notices from Apptigent to you will be given by e-mail, or by general posting on the company web site located at http://www.apptigent.com. You may contact Apptigent by filling out the customer support form or such other email address as Apptigent posts as its address for notice on the Site in the most recent version of the Terms of Use.
Indemnification – You agree to indemnify and hold Apptigent, Apptigent affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys’ fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, including, without limitation, payment of Apptigent fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
Dispute Resolution
This Agreement shall be governed by the laws of the United States or, if purchased via an authorized Apptigent assignee or affiliate, the locality in which said affiliate is headquartered. This Agreement constitutes the entire agreement between Apptigent and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter.
Apptigent’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Apptigent in writing. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect for so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto.
Assignment
Apptigent may assign this Agreement to any current or future affiliated company and to any successor in interest. Apptigent also may delegate certain of Apptigent rights and responsibilities under the Agreement to independent contractors or other third parties.
