Terms of Service
Last updated: 19th March 2019
The following terms and conditions (the “Agreement”) govern all use of the Apploye Inc. (Apploye) website (the “Site”) and its related services (“the Service”) subject to your compliance with the terms and conditions (“Terms of Service/TOS”) set forth below. The service is connected to time tracking, employee monitoring, and increasing productivity.
Please read the following carefully.
Apploye Inc. (Apploye) reserves the right to update and change the Terms of Service at any time without notice. All new updates, features, and amendments that enhance the current service, including the release of new features and resources, shall be subject to the “Terms of Service”. Continued use of the service after any such changes shall constitute your consent to said changes.
If you are a company, organization, institution, head of a group of people, you are referred to as “Client”. If you are the end-user of the Service, you are referred to as a “User”. The Agreement is binding to Apploye and to you (Client and/or User). Violation of any of the terms below will result in the termination of your account. If you do not agree to the Agreement or any part of it, do not use the Site and Service.
- For registering you must be human. Accounts registered by bots and other automated methods are not permitted.
- You must register on the Site in order to access the Service, and enjoy all the benefits of Apploye. While registering you agree to provide complete, true and accurate information, as may be required.
- Upon registering for the service you have to provide an email address and a password. You are responsible for maintaining the confidentiality of your account, user id, and password.
- You shall never use another’s Apploye account without permission from that User.
- You must notify Apploye immediately of any breach of security or
unauthorized use of your account.
- Although Apploye will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of Apploye or others due to such unauthorized use.
- This Agreement is invalid where prohibited by law and the right to access the Service is revoked in such jurisdictions.
- Apploye may impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
- Apploye may change, suspend or discontinue the Services, fees, charges etc at any time, including the availability of any feature.
- You certify to Apploye that you have full power and authority to enter into the Agreement and if registering on behalf of a company or other entity, that you have been conferred full authority to bind your principal or company.
- If you are an individual you shall be at least 18 years of age.
- You also certify you are legally permitted to use the Service, and you take full responsibility for the selection and use of the Service.
You hereby acknowledge that you shall use the Service solely for lawful purposes and complying with the Agreement. Violation of any of the terms will result in the termination of your account. Apploye will not be responsible for the content posted on the Service. You agree to use the Service at your own risk. The Service is provided on an “as is” and “as available” basis.
You acknowledge that you have the required legal capacity to use the Service and be liable on the execution of the Agreement. You must not violate any laws in your jurisdiction. Apploye reserves the right to refuse service to anyone for any reason at any time
Apploye, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Apploye service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your Account or access to your Account, and the forfeiture and relinquishment of all content in your Account.
Apploye reserves the right to modify and discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including subscription plan fees of the Service, are subject to change without notice from us. Apploye shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such modification constitutes your acceptance of changes as modified.
Payments and Fees
Apploye may save your credit card and/or PayPal information and use it for all future charges, which will automatically be charged unless you notify us. For recurring fees, Apploye will charge your credit card each month. When the Client uses a Service that has a fee, the Client will be charged then current fees, which we may change from time to time. Apploye reserves the right to change its billing methods.
By filling your payment information through the Site, you are confirming that you are legally entitled to use the means of payment tendered. In the case of card payments, you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
The Service is billed in advance on a monthly basis and is non-refundable. Should you find any change or amendment unacceptable, you may opt to cancel your membership without however any right to demand a refund for fees that have already accrued prior to such cancellation. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
If a billing cycles starts on date X of a given month it will end on date X of the next month irrespective of the number of days in those months. Date X is calculated on your first payment. For any upgrade or downgrade in plan level, your credit card/payment method that you provided will automatically be charged new rate for the rest of your billing cycle and previously charged amount will not be refunded. From next billing cycle charges will be based on your changed plan.
There will be no refunds or credits for partial months of Service, or refunds for months unused with an open account. Apploye may choose to provide refund or credits for partial usage but is not legally bound/liable to do so.
We may refuse to process a transaction for any reason or refuse the Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services.
If you cancel your subscription or your account is deleted, Apploye will not refund any fees that may have accrued before the termination.
Prohibited uses of the service
We provide the Service to you solely for your private use. You undertake not to use the Service:
- for any unlawful purpose;
- in any way so that the Service is interrupted, damaged, rendered less efficient or the functionality of the Service is in any way impaired;
- in any way that may damage or disrupt another user’s computer;
- for the transmission, uploading or posting of any computer viruses or any harmful or deleterious files or programs;
- to transmit, upload or post any material which is defamatory, offensive, racist, vulgar, libelous or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;
- as a means to threaten, stalk, harass, abuse, or otherwise insult other users or to collect or store personal data about other users;
- in a manner which constitutes a violation or infringement of any person, firm or company’s rights (including, but not limited to, rights of copyright or confidentiality);
- to transmit any material for the purposes of publicity, promotion and/or advertising without our prior written consent unless such transmission has been specifically requested by another user of the Service;
- to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to impersonating an Apploye employee, manager, host or another user; or
- to transmit, upload, post or otherwise make available any solicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any duplicative or unsolicited messages.
Moreover, we do not control the content posted via you or other users on the Service and as such, do not guarantee the accuracy, integrity or quality of such content. By using the Service, you acknowledge that you may be exposed to content that is offensive or objectionable.
Under no circumstances will we be liable in any way for any content or any damage incurred as a result of you accessing any content posted or otherwise transmitted via the Service.
You acknowledge that we do not monitor or pre-view any content posted via you or other users of the Service, but that we shall have the right (but not the obligation) to refuse access to or move any content made available via the Service.
Limitation of liability
Apploye shall not be responsible for any loss or damage to you or any third parties caused by the service or information contained in the service. You waive any and all claims you may have against apploye arising out of the performance or nonperformance of the service. You specifically waive any and all claims you may have against apploye as a result of incorrect information content displayed by the service or changes to content made by you.
Apploye shall not be liable for any direct, indirect, special, incidental, or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of the service or any performance of these terms, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the service, even if apploye has been advised of the possibility of such damages.
In no event shall apploye’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount actually paid by you to apploye for the service in the 365 days immediately preceding the date that apploye receives notice of a claim in writing from you. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Service, you shall pursue such right, claim or action independently of, and without recourse to us.
You will fully indemnify and defend us against all claims, liability, damages, costs, and expenses, including legal fees, arising out of a breach of this Contract or any use of the Service, the Information or the Website by you.
You acknowledge that we have limited control over the nature or content of information or programs transmitted or received by you or other users using the Service and that we do not examine in any way the use to which you put the Service.
You agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Service which is brought or threatened against us by any other person.
Disclaimer of warranties
The Service is provided on an “as is” and “as available” basis. You expressly acknowledge and agree that use of the service is at your sole risk. Apploye does not warrant that:
(i) the Service will meet your specific requirements. We may advertise the service from our best understanding of the value we provide or based on past/future features of the services, but it is your duty to verify whether it suits your need or not based on the use of free trial.
(ii) the Service will be uninterrupted, timely, or error-free,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable. You shall not rely exclusively on the service for any reason.
(iv) the quality of any Services, information, or other material purchased or obtained by you through the Service will meet your expectations or as advertised.
Any claim arising out of or related to use of the Service shall be filed to Apploye within 90 days after the claim or cause of action accrues otherwise, it will be considered that you have no claims.
Apploye hereby disclaims all warranties and conditions with respect to the service and anything related thereto, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. No oral or written information or advice given by Apploye or its authorized representative shall create a warranty.
If you use any of our trademarks in reference to our Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or Services (including the Site).
All software, visual and textual content, along with Apploye created texts, scripts, graphics, interactive features and trademarks, service marks and logos are owned by or licensed to Apploye, and protected subject to copyright and other intellectual property rights under US, EU, foreign laws and international conventions. You may not display or use the Apploye marks or any intellectual property owned by Apploye in any manner without Apploye’s prior written consent.
Law and Jurisdictions
If ever a dispute arises between you and Apploye, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any dispute or claim arising out of or in connection with the Agreement or its formation (including non-contractual disputes or claims) shall be governed by the laws of Delaware. The state and/or federal courts residing in Delaware, USA shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement and/or the Service.
In case of any confusion, Apploye has the sole right to interpret this agreement.
You acknowledge that you have all necessary permits to grant us with User’s personal data to fulfill this Agreement.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Apploye reserves the right at its sole discretion to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
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