Please read this Agreement carefully. It includes
important information about your rights and covers
areas warranty disclaimers, limitations of liability,
resolution of disputes and a waiver of class action.
1. LEGAL AGREEMENT –
These Terms and Conditions of Service (“Terms”) cover your use of and access to
our sites www.appiercom.com and www.appierschool.com as well as your
subscription to and any Order of our services, products, applications, tools, offline
components and features (individually the “Service” or collectively, the “Services”)
provided by our company Appiercom Ltd, together with its affiliates, officers,
directors, employees, agents and subsidiaries (hereinafter “Appiercom”, “we”, “our”
what personal information we collect and how it is used and shared. The Terms and
visitor or user (“User” our “you”) of our website and Services, applications and
features offered by us with respect thereto, except where we explicitly state
By using or accessing the Services, you are agreeing to these Terms and our
organization or on behalf of a business entity, you’re agreeing to thisAgreement on
behalf of that organization, and represent and warrant that you can do so. If you do
not agree to or approve all the terms in this Agreement, you may not use or access
2. DEFINITIONS –
The following terms shall have the following meaning:
“Application”: mobile or desktop application created by the User through Appiercom
and made available to the public for download from a third-party platform or
accessible from a web browser
“Author”: any person drafting or publishing on the Internet, more specifically on the
“Blog”: Internet Web site enabling the publishing of content and the drafting of
commentaries by the readers with an Internet diffusion.
“Access codes”: username and password used by the User together or separately
to identify oneself and access the Services. The access codes are part of the User
“End User”: Any person or entity who actually uses our Service(s).
“Order”: online subscription of our Service(s).
“User Content”: any content uploaded by you, including any designs, images,
animations, videos, audio files, fonts, logos, illustrations, compositions, artworks,
interfaces, text, literary works and any other materials.
“Guest”: any person being invited by a User of the Service to provide or drop
comments or publish as an Author, under the Client’s responsibility.
“User”: any person or entity having an account allowing access to our Services.
3. PURPOSE AND SCOPE –
Appiercom provides an online service composed of tools enabling the User to create
its own Application(s) whether from an existing blog, website or from scratch and
publish it through any relevant online store or making it accessible from a web
browser. The Application allows for content publishing. The use of the Service is
submitted to the present Terms which equally apply to any Users, End Users,
Authors and/or Guests.
Appiercom may modify or update these general terms and conditions. The Client, the
User must regularly check the page “Terms of Services” where the latest applicable
version is published.
Appiercom does not warrant the lifespan or the optimization of the Service for a said
Internet browser nor for an operating system. Appiercom doesn’t warrant the
compatibility between an Application when such operating system and/or browser is
The use of the Service requires the Client/User/End User to subscribe to an internet
connection with proper hardware whose costs are independent from the Appiercom
Service. Besides, in order to build an Application with Appiercom, the Client may
have to open at his own expense an account in an online Application store and
subscribe to the developer account.
As part of the use of the Service, Appiercom may send the User a certain amount of
information (newsletters, administrative mail, etc.). This information is part of the
subscription to the Service, a User cannot refuse it.
4. SUBSCRIPTION TO OUR SERVICE – REGISTRATION
AND ACCOUNT –
In order to access and use certain sections and features of our Services, you must
first register and create an account with us (hereinafter a “Appiercom Account”,
“Account ID”, “User Account” or simply “Account”).
If anyone other than yourself, a Guest, accesses your User Account and/or related
settings, you understand that they may perform any actions available to you, make
changes to your Application and User Account, and all such activities will be deemed
to have occurred on your behalf and in your name. Consequently, we strongly
encourage you to keep your Access Codes confidential, and allow such access only
to trusted people.
You must provide complete, accurate and updated information for your Account
when registering your User Account and using our Services. We may need to use
this information to contact you. We strongly encourage you to provide your own (or
your company’s) contact and billing details, including your valid e-mail address, as
we may use it to identify and determine the actual and true owner of the User
Account and/or Content submitted to us. Each Guest shall likewise fill in such
identification form to be able to act on the Application.
You must immediately notify us of any actual or suspected loss, theft or unauthorized
use of your Account or Access Codes. You’re solely responsible for any activity on
your Account. Appiercom shall not be liable for any acts or omissions by you in
connection with your Account. You agree you will not sell, transfer, license or assign
your account, username, or any account rights to anyone. With the exception of
people or businesses that are expressly authorized to create accounts on behalf of
their employers or clients, you agree not to create an account for anyone other than
We reserve the right to determine ownership to a User Account based on our
reasonable judgment, whether or not an independent investigation has been
conducted by us. However, if we cannot make such determination (as we may deem
in our sole discretion), we reserve the right to terminate the Service to you, without
liability to you or to any other party.
You affirm that you are either over 18 years of age, or an emancipated minor, or
possess legal parental or guardian consent, and are fully able and competent (i) to
enter into the terms, conditions, obligations, affirmations, representations, and
you affirm that you are at least 13 years old, as the Service is not intended for or
directed to anyone under 13. If you are under 13 years old, then you are prohibited
from using this Service.
5. USER CONTENT AND RELATED USER’S
You represent and warrant to us that:
You own all rights in and to any content uploaded by you, including any designs,
images, animations, videos, audio files, fonts, logos, illustrations, compositions,
artworks, interfaces, text, literary works and any other materials (“Content”), or
otherwise have (and will continue to have) the full power, title, licenses, consents
and authority, in and to the User Content, as necessary to legally use, publish,
transfer or license any and all rights and interests in and to such User Content.
The User Content is true, current, accurate, non-infringing upon any third party
rights, and in no way unlawful for you to possess, post, transmit or display in the
country in which you or your Application visitors and users (“End Users”) reside.
You have obtained all consents and permissions required under all applicable laws,
regarding the posting, transmission and publication of any personal information
and/or image or likeness of any person, entity or property which is part of the User
Content, and you will adhere to all laws applicable thereto.
You may not post or upload via our Service any defamatory, libelous, obscene,
harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent,
or which otherwise violates the rights of any third party Service.
You may not use the Service for any illegal or unauthorized purpose or more
generally in a manner that would affect or disrupt Appiercom’s reputation or
business, in the sole judgment of the Appiercom evaluation team.
You agree to comply with all laws, rules and regulations (for example, federal, state,
local and provincial) applicable to your use of the Service and your Content,
including but not limited to, copyright and trademark laws.
You must not interfere or disrupt the Service or servers or networks connected to the
Service, including by transmitting worms, viruses, spyware, malware or any other
code of a destructive or disruptive nature.
You must not create accounts with the Service through unauthorized means,
including but not limited to, by using an automated device, script, bot, spider, crawler
You must not attempt to restrict another user from using or enjoying the Service and
you must not encourage or facilitate violations of these Terms.
You agree not to disparage the reputation of Appiercom.
You further agree:
To receive from time to time promotional messages and materials from us or our
partners, by mail, e-mail or any other contact form you may provide us with. If you
wish not to receive such promotional materials or notices – please just notify us at
To allow us to use in perpetuity, worldwide and free of charge, any version of your
Application (or any part thereof) for any of our marketing and promotional activities,
online and/or offline, and modify it as reasonably required for such purposes, and
you waive any claims against us or anyone on our behalf relating to any past,
present or future moral rights, artists’ rights, or any other similar rights worldwide that
you may have in or to your Application with respect to such limited permitted uses;
Not to copy, modify, create derivative works of, download, adapt, reverse engineer,
emulate, migrate to another service, translate, compile, decompile or disassemble
our Service, or any part thereof;
Not to purchase search engine or other pay per click keywords or domain names
that use Appiercom or Appiercom Trademarks and/or variations and misspellings
Not to probe, scan, or test the vulnerability of our Services or any network connected
to our Services;
Not to take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the Appiercom Services or systems or networks connected to
the Appiercom Services, or otherwise interfere with or disrupt the operation of any of
the Appiercom Services, or the servers or networks that host them or make them
available, or disobey any requirements, procedures, policies, or regulations of such
servers or networks;
Not to exceed Fair Use: all applications created with one subscription may not
exceed more than a combined total of 150,000 requests per day to the Appiercom
Not to remove or alter any copyright notices, restrictions and signs indicating
proprietary rights of any of our licensors;
Not to use, copy -in whole or in part- any copyrighted materials and/or content
provided by Appiercom;
Not to reverse engineer or propose a service similar to Appiercom, based on the
You acknowledge and agree that your failure to abide by any of the foregoing
or any misrepresentation made by you herein may result in the immediate
termination of your User Account and/or any Services provided to you by
Appiercom– with or without further notice to you, and without any refund of
amounts paid on account of any such Services.
Appiercom cannot be held responsible for the deletion, the correction, the
destruction, the damage, the loss or the inappropriate hosting of any Content.
Appiercom may withhold, remove and/or get rid of Content, without notice.
6. APPIERCOM BEST PRACTICES AND MOBILE
APPLICATION MANDATORY GUIDELINES –
We do our best to make Appiercom a great place to create beautiful and useful apps.
We need your help to keep Appiercom being a reputable and trusted service that
provides value to all end users, partners and app stores. We therefore request that
the following guidelines and covenants be respected at all times:
You shall not create unauthorized commercial app (such as spam) with Appiercom;
You shall not create any app with content that may defame, stalk, bully, abuse,
harass, threaten, impersonate or intimidate people or entities and you must not use
content using confidential information;
You shall not create any app with Appiercom to display violent, nude, partially nude,
discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive
photos, videos or other content;
You shall not create an app containing alcohol-related, dating or other mature
content (including advertisements) without appropriate age-based restrictions;
You shall not use Appiercom to do anything unlawful, misleading, malicious, or
discriminatory and you shall not use our service for any illegal or unauthorized
You agree to comply with all laws, rules and regulations (federal, state, local and
provincial or applicable regulations);
You shall create an app that is useful and distinctive for the end user and you shall
therefore refrain from building an app that is simply a mere copy of someone else’s
You will not use Appiercom to flood mobile stores or the web with low quality apps,
clones of a poor concept that do not bring any value to an audience.
7. INTELLECTUAL PROPERTY-
USER’s intellectual property:User shall own all intellectual property pertaining to
its Content, including but not limited to any designs, images, animations, videos,
audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary
works and any other materials created by you. You hereby grant Appiercom a
royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to
use your User Content (in whole or in part) worldwide in order to provide you with the
Services, and as further specified in these Terms.
APPIERCOM’s Intellectual Property:All rights, title and interest in and to the
Services, including any and all copyrightable materials or any other content thereof
which is or may be subject to any intellectual property rights under any applicable
law (including any artwork, graphics, images, website templates and widgets, literary
work including Users feedback reviews and comments, source and object code,
computer code, applications, audio, music, video and other media, designs,
animations, interfaces, the trade dress of our Services, methods, products,
algorithms, data, interactive features and objects, advertising and acquisition tools
and methods, inventions, trade secrets, logos, domains, customized URLs,
trademarks, service marks, trade names and other proprietary identifiers, whether or
not registered and/or capable of being registered (collectively, “Intellectual
Property”), and any derivations thereof, are owned by and/or licensed to Appiercom.
Subject to your full compliance with these Terms and timely payment of all applicable
Fees for our Services, we hereby grant you, upon creating your User Account and
for as long as we wish to provide you with the Services, a non-exclusive, non-
transferable, fully revocable, limited license to use our Services and related
Intellectual Property, for the purpose of generating and displaying your User
Application to end users, solely as expressly permitted under these Terms, and
solely within the scope of our Services.
For the avoidance of doubts, these Terms do not convey any right or interest in or to
Appiercom’s Intellectual Property (or any part thereof), except only for the limited
license expressly granted above. Nothing in these Terms constitutes an assignment
or waiver of our Intellectual Property rights under any law or jurisdiction.
Appiercom value and protect your Privacy. Certain parts of our Services require or
involve the submission, collection and/or use of certain personally identifying or
identifiable information. In particular and as a part of accessing or using our
Services, we may collect, access and use certain data pertaining to Users and as the
case may be end users, including the activities or navigation undertaken by Users
and end users through our Services and/or User Application. We encourage you to
such Third Party Services’ relevant policies on a regular basis, for a description of
such data collection and use practices.
9. FORCE MAJEURE –
Either Party shall be excused from performance and shall not be in default in respect
of any obligation hereunder to the extent that the failure to perform such obligation is
due to an Event of Force Majeure.
For the purpose of this Agreement, an “Event of Force Majeure” means any
circumstance not within the reasonable control of the Party affected, but only if and
to the extent that (i) such circumstance, despite the exercise of reasonable diligence
and the observance of good utility practice, cannot be, or be caused to be,
prevented, avoided or removed by such Party, and (ii) such circumstance materially
and adversely affects the ability of the Party to perform its obligations under this
Agreement, and such Party has taken all reasonable precautions, due care and
reasonable alternative measures in order to avoid the effect of such event on the
Party’s ability to perform its obligations under this Agreement and to mitigate the
consequences thereof. In particular and without any limitation, Appiercom cannot be
held liable if the performance of our obligation is obstructed, limited or impeded due
to fire, explosion, network communication breakdown, collapse of hosting facilities,
epidemic, earthquake, flood, electricity shortage, war, embargo, statute, order,
demand from any government, strike, boycott, loss of telephone operator’s or hosting
provider’s licence or any other circumstance without reasonable Appiercom’s control
10. FEES AND PAYMENT TERMS –
Applicable Subscription Fees and Taxes.Appiercom applicable
Subscription Fees for our Services are available online at:
www.appiercom.com and www.appierschool.com . Note that all our Fees are
exclusive of applicable federal, state, local or other taxes. You are responsible
for all said applicable taxes, and we will charge them in addition to our Fees
for the Services when required to do so.
First Fee due and Payment. This will be determined and outlined with each
Payment method. The User may pay by credit card, e-mandate, cheque,
electronic funds transfer or by direct debit.
Automatic Subscription Renewals.To ensure uninterrupted service,
Appiercom may automatically bill you for certain Paid Services from the date
you submit your initial payment and on each renewal period thereafter until
cancellation. Your renewal period may then be equal in time to the renewal
period of your current subscription. We will charge you the applicable amount
using the payment method you have on file with us. Appiercom may disable
auto-renewal at any time
Change in Subscription Fees. We may change our Fees at any time. When
applicable, we will give you advance notice of these Fee changes via the
Services. New Fees will not apply retroactively. If you do not agree with the
Fee changes, you have the right to reject the change by cancelling the
applicable Paid Service before your next payment date.
Refunds. While you may cancel any Paid Services at any time, you will not be
issued a refund except in our sole discretion, or if legally required.
Service Start. The Service subscribed by the User starts as soon as the first
payment is received. Unless Appiercom specifies differently, the payment is
made on a monthly, or annually period (depending on the choice made by the
User) and no refund will be made.
Banking Details update. To avoid any disruption of our Service, the User
shall maintain its credit card and direct debit mandate details updated.
Late Payment. For any late payment, Appiercom may charge interests until
the day of full payment, based on 3 times the ongoing legal rate.
Payment Processor:We use a third party payment processor to bill you
through a payment account linked to your Account. The processing of
payments will be subject to the terms, conditions and privacy policies of said
payment processor, in addition to this Agreement. We do not control and are
not liable for the security or performance of the payment processor. You agree
to pay us, all charges at the prices then in effect for any purchase in
accordance with the applicable payment terms. You agree to make payment
using the payment method you provide with your Account. We reserve the
right to correct, or to instruct our payment processor to correct, any errors or
mistakes, even if payment has already been requested or received.
Billing contact: Any question about billing or the nature of the Service must
be made in writing at the following address: contact@Appiercom.com.
11. TERM OF THE SUBSCRIPTION –
Our Service is made available to you on an annual or month-to-month basis with
automatic renewal, at your option at the time of subscription. Appiercom may or may
not warn User by E-mail before the end of said subscription of our Service.
12. TERMINATION, LIMITATION AND SERVICE
You may discontinue to use and request to cancel your User Account and/or any
Appiercom Services at any time, in accordance with the instructions available on our
Services. The effective date and time for such cancellation shall be the date and time
on which you have completed the cancellation process, and the effective date for
cancellation of Paid Services shall be at the end of such Paid Services’ subscription
period, end of the month for month to month contracts or end of the year term for
annual contracts. With respect to automatically-renewed subscriptions to Paid
Services, such subscription will be discontinued only upon the expiration of the
respective period for which you have already made payment. Please note that as the
cancellation process may take a few days, in order to avoid the next automatic
renewal and respective charge the cancellation request should be made at least
fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of our Terms and/or to pay any due Fee shall entitle
Appiercom to immediately suspend (until full payment is made) or immediately
cancel your User Account and User Application (or certain features thereof), as well
as the provision of any related Services (e.g., Paid Services) to you.
Appiercom reserves the right to refuse, limit or terminate access to the service to
anyone should Appiercom, in its sole discretion, consider that said client or user
violates any provision of these Terms and Conditions or more specifically any of the
Additionaly, Appiercom may, but has no obligation to, remove, edit, block, and/or
monitor content, or accounts containing content that Appiercom determines in its
sole discretion violates these Terms and Conditions.
13. DISCLAIMER OF WARRANTIES –
APPIERCOM PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL
FAULTS AND “AS AVAILABLE” BASIS. YOU THEREFORE AGREE THAT YOUR
USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, APPIERCOM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF,
INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE
FULLEST EXTENT PERMITTED BY LAW; THIS DISCLAIMER OF WARRANTIES
SHALL INCLUDE AND COVER, BUT SHALL NOT BE LIMITED TO, ANY
REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE
APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE,
MARKETPLACE OR THE LIKE. APPIERCOM MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR SERVICES
LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
OUR SERVICE. APPIERCOM DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY YOU OR A THIRD PARTY THROUGH OUR SERVICE OR ANY
HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND APPIERCOM WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATION OF LIABILITY –
IN NO EVENT SHALL APPIERCOM, ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT APPIERCOM IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
YOU SPECIFICALLY ACKNOWLEDGE THAT APPIERCOM SHALL NOT BE
LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
The Service is controlled and offered by Appiercom from its facilities in
Ireland. Appiercom makes no representations that the Service is appropriate
for any mobile application store or marketplace, or available for use in other
locations. Those who access or use the Service from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
15. LIMITATION ON DAMAGES –
To the maximum extent permitted by law, User agrees to limit Appiercom’s liability
for the User’s damages to the sum of $500.00 or the amount that the User has paid
to Appiercom during the last 12-month period, whichever is lower. This limitation
shall apply regardless of the cause of action or legal theory pled or asserted.
16. INDEMNIFICATION –
To the extent permitted by applicable law, you agree to defend, indemnify and hold
harmless Appiercom/AppierSchool, its parent corporation, officers, directors,
employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s
fees) arising from: (i) your use of and access to the Service; (ii) your violation of any
term of these Terms; (iii) your violation of any third party right, including without
limitation any copyright, intellectual property, or privacy right; or (iv) any claim that
your Content caused damage to a third party; or (v) any rejection of your mobile
application from any mobile application store or marketplace, for any reason
whatsoever. This defence and indemnification obligation will survive these Terms
and your use of the Service.
17. TIME LIMITATION ON CLAIMS –
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED
TO YOUR RELATIONSHIP WITH APPIERCOM/APPIERSCHOOL MUST BE FILED
WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR
CLAIM IS PERMANENTLY BARRED.
18. MISCELLANEOUS –
Governing Law & Venue. You agree that the Service shall be deemed solely
based in the Republic of Ireland. This Agreement shall be governed by the internal
substantive laws of Republic of Ireland, without respect to its conflict of laws
principles. Any claim or dispute between you and Appiercom that arises in whole or
in part from the Service shall be decided exclusively by a court of competent
jurisdiction located in the city of Limerick, Ireland. THIS AGREEMENT SHALL NOT
BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
This provision will survive the termination of any or all of your transactions with
Informal Amicable Resolution. Before filing a claim against us, you agree to try
solve the dispute amicably by first emailing info@Appiercom.com with a description
of your claim. Appiercom will try to resolve the dispute informally via email, phone or
other methods. If we cannot resolve the dispute within sixty (60) days of our receipt
of your first email, you or Appiercom may then bring a formal proceeding.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis,
and may not bring a claim as a plaintiff or a class member in a class, consolidated or
representative action. Class actions, class arbitrations, private attorney general
actions and consolidation with other arbitrations aren’t allowed.
Entire Agreement. If you are using the Service on behalf of a legal entity, you
represent that you are authorized to enter into an agreement on behalf of that legal
published by us on the Service, constitute the entire Agreement between you and
Appiercom and govern your use of the Service, superseding any prior agreements.
Notices. We may provide you with notices in any of the following methods: (1) via
the Services, including by a banner or pop-up within the our Website, User Account
or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3)
through any other means, including any phone number or physical address you
provided us. Our’s notice to you will be deemed received and effective within twenty
four (24) hours after it was published or sent through any of the foregoing methods,
unless otherwise indicated in the notice. All Legal notices to Appiercom shall be sent
to: Appiercom Ltd, Roselawn House, University Business Complex, National
Technology Park, Limerick, Ireland V94 6K65 (for updated contact go to:
www.Appiercom.com ); For any other notice you may send us an email at
Assignment. You will not assign the Terms or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation of law,
without the prior written consent of Appiercom. Any purported assignment or
delegation by you without the appropriate prior written consent of Appiercom will be
null and void. Appiercom may assign these Terms or any rights hereunder without
Severability. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree
that such portion will be deemed severable from these Terms and will not affect the
validity and enforceability of the remaining provisions, and the remaining provisions
of the Terms remain in full force and effect.
Amendment. Appiercom reserves the right to amend these Terms at any time and
without notice, and it is your responsibility to review these Terms for any changes.
Your use of the Service following any amendment of these Terms will signify your
assent to and acceptance of its revised terms.
No waiver. Appiercom’s failure to insist upon or enforce strict performance of any
provision of these Terms shall not be construed as a waiver of any provision or right.
No waiver of any of these Terms shall be deemed a further or continuing waiver of
such term or condition or any other term or condition.
No Third-Party Beneficiary Rights. Neither the course of conduct between the
parties nor trade practice will act to modify these Terms. These Terms do not confer
any third-party beneficiary rights.