The Agreement governs your purchase and use of App URL Shortener services, whether fee-based or free of charge, offered on the App URL Shortener and MyApp URL Shortener website(s) (the "Service" or "Services" or "Site"). Your use of the Services is conditional upon your acceptance of this Agreement.
Since this is a binding legal agreement between you and Service, please print a copy of this Agreement for your records.
Service expressly forbids the use of the service for the purpose of tracking spam-related material.
Service, at its sole discretion, may accept or reject for any reason a User as a customer of the Services. If the User is accepted by Service as a customer of the Services, as a condition to the access and use of any of the Services offered by Service in the Site, the User's right to access the Site and the Services is subject to any limits established by Service. For every usage over a given limit, Service reserves the right to charge the User an additional fee.
The User agrees that they will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or the Services except those automated means expressly made available by Service, if any, authorized in advance and in writing by Service. The User agrees that they will not use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation to the foregoing, the User further agrees that they will not take any action that imposes an unreasonable or disproportionately large load on Service's infrastructure, as determined by Service.
Service has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the App URL Shortener Services including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum number of clicks you can monitor and the quantity of statistical data Service stores in their servers. Service has no obligation to provide you with notice of any such changes. Those modifications do not materially and adversely affect your rights or obligations under this Agreement.
Service may change its Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after Service posts such changes to its website. If you do not agree to any changes posted by Service in accordance with this Section, you must cancel your account or the affected Service before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.
You may upgrade to a higher Service Plan, if available, at any time during the term of this Agreement by completing and submitting App URL Shortener's current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement.
Unless stated otherwise on Service's web pages applicable to a given Service, each Service will be provided and billed on a periodic subscription basis, measured from the beginning of the activation of the given Service. You will be notified of the date when your service contract will expire (for paid services). It is your responsibility to renew the service before the expiration date by making a new payment in advance for the next contract cycle. If payment is not received by the expiration date, your service (and the associated data) will be deleted or downgraded to a free service.
At any time after the activation of a Service, either you or Service may cancel that Service (or Service may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) . Service also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.
The term of this Agreement will begin on the date that Service accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. Service also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. It is at the sole discretion of Service to discontinue your service for any reason. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 15 through 19 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.
If Service terminates this Agreement and your account, or any Service prior to the end of any active subscription period, if you have not breached any provision of this Agreement you may request a partial refund of the fees that you have paid for that subscription period, based on the number of days remaining in the subscription period at the time of such termination. If your request is validly submitted in writing within thirty (30) days after such termination, then Service will issue the appropriate credit to your credit card. Exceptions may be made, in the customer's' favor, on a case-by-case basis. Refunds are provided solely at the discretion of Service. The maximum refund amount Service will pay to the user will never exceed the amount of money paid to Service initially by the user. If no money is exchanged, no money will be paid to the user in the event of a cancellation of service. Domains registration, transfer and renewal fees are not refundable.
As between Service and Users, all rights, titles and interests in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of Service or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of Service or any third party that may own the trademark or copyright of material displayed on the Site.
You may not sell, assign, grant a security interest in nor otherwise transfer any right to the Services or incorporate it (or any portion of it) into another product/service.
The User understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, and without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Service may undertake from time to time; or (iii) causes beyond the control of Service or which are not reasonably foreseeable by Service, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that Service has no control over the availability of the Site or the Services on a continuous or uninterrupted basis.
The User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for the User's use of the Site and Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and Services, is compatible with the Site and the Services. While Service will endeavor to make timely backups of all User reports, the User is responsible for backing up all reports made while using the Service.
Service reserves the right, at their sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate the User's access to or use of all or any portion of the Site or the Services.
The Site contains hyperlinks to third party web sites. Most of the linked sites are not under the control of Service, and Service is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for the User's convenience only and is not intended as and should not be construed as an endorsement or recommendation by Service of the linked site or its content.
Logos. Service may include Customer's trademarks, name, and logos in its customer lists, press releases, marketing materials, and on its website. Press Releases. Upon signing this agreement, Service may issue a high-level press release announcing the relationship and the manner in which the Customer will use the Service. Removal of Logos. The Customer may require RB to withdraw any use of Customer's trademarks, name, and logos.
Disclaimer of Warranties: THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Service EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, Service DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER'S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, Service DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) THE USER'S USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR THE USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS Service, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGNEE OF Service OR ITS AFFILIATES.
You agree to indemnify, hold harmless, and (at Service's request) defend Service and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Service, including your registration data. This obligation shall survive any termination of your relationship with Service.
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.
These Terms shall be governed by the laws of the United States, as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the United States.
Questions: If you have any questions about this Agreement or App URL Shortener's Services, please contact Service support service: [email protected]