Preamble: These Terms of Service ("TOS") constitute as a binding agreement between yourself, or the company you represent, and Appoxee Ltd, a duly incorporated Israeli Corporation, (“Appoxee”). While we acknowledge that reading legal documents may be quite disturbing and hard, we require that you read the full terms of service. However, for your convenience, we added a brief summary of these terms, which is not legally binding but presents the essence of the terms.
Principles: You'll be granted access to Appoxee's services and use them to contact your end-users as long as your use if fair and not abusive.
- You can only use the service for your own applications.
- The service is either ad-supported or against payment.
- You acknowledge that we will never, no matter what, be held liable for any damage.
Terms of Service:
These TOS constitute as a binding agreement between Appoxee and Yourself; either a natural person or a corporation which authorized you to enter into these TOS on its behalf. You do not have to accept these TOS, but unless you do so, you may not use Appoxee's services.
- Eligibility: By entering into these TOS, you hereby warrant that you are (i) either 18 years of age, or over 13 years of age and obtained the consent of your legal guardian to enter into this agreement, or you are a corporation or a person authorized by a corporation to enter into this Agreement on its behalf. (ii) were not prohibited by any court or competent authority from entering into agreement; (iii) do not live in a proscribed jurisdiction such as Iran or North Korea; (iv) do not have any additional Appoxee accounts; (v) have a valid developer account with Apple's iOS developer program; and (vi) have a valid email account.
- Authentication: Upon registration Appoxee shall verify your email account by sending a link to activate your account. Without such activation, you may not be able to use Appoxee's services.
- Personal Information: Upon registration, you shall be required to enter certain personal information. Without entering such information, you may not be able to use Appoxee's services.
- No Service Bureau: You cannot share your account with any other person, apart from your employees, and you cannot grant access to your account to any 3rd party or other person, act as a service bureau or otherwise provide content from services through automated means or API. You cannot resell the service or parse it in any way, as such use may cause termination of your account.
- Abuse Notification: You hereby warrant to notify Appoxee promptly upon knowledge of any malicious use of your account, including gaining unauthorized access or any other use made by any 3rd party.
- Refusal of Service: Appoxee may refuse your registration in cases where such use contradicts any contractual obligation made by Appoxee, harms Appoxee's reputation or may cause other harm to Appoxee's business interests.
Services: Appoxee shall allow you access to its web-based panel to control and use Appoxee's services ("Services") as defined hereunder; certain Services shall be available solely upon purchase of specific services which may be sold separately or bundled.
- Account Management: Appoxee shall avail you to an interface which may manage your account, including your applications and personal information.
- Sending Messages: Appoxee shall allow you to send, from time to time and according to the Service's availability, messages and push notifications to your application's end-users.
- Remote Control of the Applications: Appoxee may allow you to remotely control your application, turn off or on the internal messaging mechanism and control certain features.
- Reports: Appoxee shall allow you access to reports which provide you information about your end-users' use of your application, as well as other information.
- Issuing App SDK Key: Appoxee shall allow you to issue application keys (“App SDK Key”) for each and every one of your applications. You must issue different keys for each particular application and may not use the same key for different applications. However, Appoxee shall also issue Demo App SDK Keys which may not be used outside your testing environments.
Usage Policy: You may use Services as long as you may not use them in an excessive or disturbing manner, and as long as you abide with Appoxee's acceptable use policy presented herein:
- No Spam: You will not use Service to spam, harass, stalk, send unsolicited advertisements or promotional messages in a manner which may distrub end users.
- No Offensive Content: You will not use Service to send any offensive content, including but not limited to: (i) any content deemed illegal under law; (ii) any content which infringes any 3rd party rights, including copyright, right for privacy, good name, property rights, trade secrets; (iii) any content deemed as pornography, including child pornography; (iv) any content which may be offensive to minors; (v) any content used to initiate pyramid schemes or promote any trade of securities; (vi) any other content which may be considered offensive by Appoxee's sole discretion.
- No Hidden Use: You can only use and integrate Appoxee's SDK in a manner that the Appoxee messaging features shall be visible to the end-user. You cannot hide or otherwise circumvent the SDK from being displayed to the end-user.
- Platform Regulation: You shall abide and adhere to any other regulations, policies and instructions of any 3rd party which enables the use of your application, such as Apple's App Store Review Guidelines and Developer Program License Agreements.
- No Excessive Use: you shall not use Services in an excessive manner which may cause Appoxee damage or otherwise interfere with Appoxee's regular operation, including abusive, repetitive, malicious and/or excessive messaging or any other use which may harm the Services.
Services used and provided: The Services shall be available under different levels of service and with limited or unlimited functionality, dependent on each package's service level.
- Free: The free service shall be provided to you free-of-charge, and against the displaying of advertisements inside your applications. You will be granted a copy of Appoxee's Software Development Kit (SDK) and access to Appoxee's documentation, analytical services, messaging services and push notifications, where your use of Services may be limited from time to time, and against display of advertisements for your end-users.
- Basic: The basic service shall be provided to you against fees set from time to time by Appoxee. You will be granted a copy of Appoxee's Software Development Kit (SDK) and access to Appoxee's documentation, analytical services, messaging services and push notifiation. You may use the Service in up to 3 (three) applications.
- Premium: The premium service shall be provided to you against fees set from time to time by Appoxee. You will be granted a copy of Appoxee's Software Development Kit (SDK) and access to Appoxee's documentation, analytical services, messaging services, push notifications and extended features. You may use the Service in up to 15 (fifteen) applications.
- Customized: The customized service shall be provided to you against fees set from time to time by Appoxee. You will be granted a copy of Appoxee's Software Development Kit (SDK) and access to Appoxee's documentation, analytical services, messaging services, push notifications and extended features. You may use the Service in an unlimited number of applications and may fully customize your Application, including removal of the Appoxee brand and customize your user interface.
- Amending the Services: Appoxee may amend or modify the Services and may, from time to time, reprice, repackage, rebundle, add or remove any features or services at its own discretion, with or without notification.
- Payment: In consideration of Appoxee's services, Appoxee may charge fees according to its sole discretion. Such fees shall be presented to you prior to your registration and may be amended from time to time. The payment shall be made either by Credit Card or PayPal and shall be charged on a monthly basis, on the 1st day of each calendar month. Please note that as the services are considered intangible goods, Appoxee shall never refund you, no matter what. Subscription cancellation and termination should be applied upon a notice of at least 30 days.
Support: Please note that Appoxee's service is still undergoing beta stage, and therefore offers very limited support.
- Email Support: Appoxee shall provide you with email support, where every ticket or request shall be handled. However, responses may take from 24 hours and may take longer periods of time. Such support may be limited, automated or through reference to Appoxee's documentation. Support tickets may be prioritized where paying customers shall be answered first; such email support may be limited and may be unavailable from time to time.
- Dedicated Account Manager: If you purchased the Customized Service from Appoxee, you will be assigned with a dedicated account manager which will be able to provide you with better support, and allow you limited phone support.
- Service Availability: While Appoxee shall exercise best effort to maintain the Services' availability, the Services may be unavailable from time to time to limited durations, dependent on maintenance, service updates, server downtime, 3rd party actions or abuse by other users.
- Advertising: If you chose to use Appoxee's free service, Appoxee may add advertisements to your applications and may display your end-users with content provided by 3rd parties from time to time. Appoxee does not warrant for 3rd Party advertisements or availability thereof nor does it endorse it. Appoxee shall not be held, or claimed to be held, liable for any 3rd Party advertising, its legality or illegality, its adequacy with regulations and its quality.
- Aggregated Network-Level Statistics: Appoxee may use your information, including information about your end-users' use of Service or Applications, as long as such information is processed into aggregated, non-personally identifiable, information.
- Use of Your Personal Information: Appoxee retains the following information regarding Your Account, and shall not disclose it to any 3rd party without your prior written consent: your full name, your email, the names of your applications, your userbase and analytical information regarding your use. Also, Appoxee retains information related to your browsing habits, such as your IP address, your browser, your clickstream within Appoxee's website and other information related to your useragent.
- Disclosure of Information: Appoxee may disclose some of your personal information to relevant 3rd parties who contract Appoxee, affiliates and/or partners in order to provide portions of Appoxee's service (such as Appoxee's hosting provider, for example) or to relevant 3rd parties which contract Appoxee to provide additional services.
- Newsletter: Appoxee may also send you, from time to time, a newsletter with relevant information relating to the Service, developments and other information. You may opt-out at any time from Appoxee's newsletter.
- 3rd party services: Appoxee uses specific 3rd party services to provide it with services, such as Google Analytics and PayPal. Such services may have specific privacy policies and we recommend you read them as well.
- Licensing: By entering into these TOS, you hereby grant Appoxee an irrevocable, unlimited, world-wide, royalty free, license to use your logo, trademarks, application names and other intellectual property in order to endorse Appoxee's services. Moreover, you hereby grant Appoxee the right to use your client list and end-user list in order for Appoxee to provide its services.
- Penalties: Appoxee may invoke penalties in cases where you will violate Appoxee's acceptable use policy or use Services to spam, harass or stalk others. In such case, Appoxee may terminate your account or use of services and may withhold any funds paid by you.
- Warranty: APPOXEE DOES NOT WARRANT FOR SERVICE AND SUPPLIES IT ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF SERVICE IS AT YOUR OWN RISK AND UNDER YOUR LIABILITY. APPOXEE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS AND (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- Liability: For no case and for no reason shall Appoxee be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any end-user or any 3rd party due to its misperformance of duties herein. Appoxee provides Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use Services rendered by Appoxee.
- Indemnification: You hereby warrant and agree to hold Appoxee harmless for your use of Service and shall indemnify Appoxee for any damage, action, lawsuit, either threatened or occurred, which may be brought against Appoxee for any use made by you in violation of these terms of service, law, any 3rd party regulation, spamming, or delivery of abusive content. Such indemnification shall include attorney fees, expenses, settlements, travel expenses and any other expenses required in order to settle or pay such claim.
- Amendments: Appoxee may amend, from time to time, these TOS and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these TOS does not constitute as your understanding with Appoxee, you may, at your own will, terminate these TOS and terminate your User Account. In no case will these TOS have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these TOS.
- Termination: Appoxee may, at its sole discretion, terminate these TOS, Service or any other service rendered by it due to any reason, for any User, including you, or with no reason at all or for any reason, including, without limitation, for lack of use or if Appoxee believes that you have violated or acted inconsistently with the understandings or spirit of these TOS. Appoxee may also, in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that Appoxee may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Appoxee shall not be liable to you or any 3rd party for any termination of your access to the Service.
- Entire Agreement, Waiver: These TOS constitute the entire understandings between parties and will only be amended in writing. No waiver to perform any of Appoxee’s rights under this agreement shall constitute an amendment of these TOS.
- Appoxee: Any inquiry, question or communication shall be brought to Appoxee by email at firstname.lastname@example.org or by registered mail to Appoxee, 39 Hamasger St., Tel-Aviv, Israel. You may contact Appoxee to request specific consents for specific services, amendments or features.
- You: you hereby acknowledge that Appoxee may contact you through your designated email address and that you hereby warrant to read any communication by Appoxee and to promptly response.
- Governing Laws, Jurisdiction, No Class Action: These Terms shall be solely governed by the laws of the state of Israel, including their statutes regarding conflict of laws and may be solely brought to the competent courts of the Tel-Aviv-Jaffa District. You undertake not to initiate any class action, for any reason, against Appoxee and to claim your damages only according to this agreement.