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These Terms of Service (“Agreement”) govern your use of all AppShore Inc. services (“Service"), as described in the Form submitted by you and accepted by AppShore Inc. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected].

Access to Service
As part of the Service, AppShore Inc. will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the AppShore Inc. website incorporated by reference herein, including but not limited to AppShore Inc.'s privacy and security policies.

Privacy, Security, Disclosure
AppShore Inc.'s privacy and security policies may be viewed at http://www.appshore.com. AppShore Inc. reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Note that because the Service is a hosted, online application, AppShore Inc. occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that AppShore Inc. can disclose the fact that you are a paying customer and the edition of the Service that you are using.

License Grant and Restrictions
AppShore Inc. hereby grants to you a non-exclusive, non-transferable, royalty-free license, exercisable solely during the Term of this Agreement, to use applicable AppShore Technology solely for the purpose of accessing and using the Service. Customer may not use the AppShore Technology for any purpose other than accessing and using the Service. Except for the rights expressly granted above, this Agreement does not transfer from AppShore Inc. to Customer any AppShore Technology, and all rights, titles and interests in and to the AppShore Technology shall remain solely with AppShore Inc.. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets or Proprietary Information from any of the AppShore Inc. Technology.
You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify AppShore Inc. immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to AppShore Inc. immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another AppShore Inc. user or provide false identity information to gain access to or use the Service.

Account Information and Data
AppShore Inc. does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not AppShore Inc., shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and AppShore Inc. shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), AppShore Inc. will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. AppShore Inc. reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and AppShore Inc. shall have no obligation to maintain or forward any Customer Data.

Intellectual Property Ownership
AppShore Inc. alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the AppShore Inc. Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the AppShore Inc. Technology or the Intellectual Property Rights owned by AppShore Inc. The AppShore Inc. name, the AppShore Inc. logo, and the product names associated with the Service are trademarks of AppShore Inc. or third parties, and no right or license is granted to use them.

Third Party Interactions
AppShore Inc. sites may frame, and/or contain links to or advertisements about, non-AppShore Inc. Web sites. Other sites may also reference, advertise, or link to AppShore Inc. sites. AppShore Inc. does not endorse or sponsor other Web sites and is not responsible for the content of such sites. AppShore Inc. expressly disclaims any statements or assertions made on non-AppShore Inc. Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements. AppShore Inc. provides these links to you only as a matter of convenience. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.

Charges and Payment of Fees
All payments to AppShore Inc. are nonrefundable. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The charges will be equal to the current number of total User licenses requested times the User license fee currently in effect. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. An authorized License Administrator may add licenses by using the Online Order form. Added licenses will be subject to the following: (i) added licenses will be coterminous with the preexisting License Term (either Initial Term or renewal term); (ii) the license fee for the added licenses will be the then current, generally applicable license fee. AppShore Inc. reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

Billing and Renewal
AppShore Inc. charges and collects in advance for use of the Service. You are responsible to renew your subscription at the end of the paid period. The renewal charge will be equal to the then-current number of total User licenses times the license fee in effect at the renewal time. Fees for other services will be charged on an as-quoted basis. AppShore Inc.'s 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, excluding only United States (federal or state) taxes based solely on AppShore Inc.'s income.
You agree to provide AppShore Inc. with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

Termination upon Expiration/Reduction in Number of Licenses
This Agreement commences on the date you agree to pay for the Service by completing the online subscription form or otherwise. Upon the expiration of the Term, this Agreement will renew for successive renewal terms. Either party may terminate this Agreement or reduce the number of licenses, effective only upon the expiration of the then current License Term. In the event this Agreement is terminated (other than by reason of your breach), AppShore Inc. will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that AppShore Inc. has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.

Termination for Cause
Any breach of your payment obligations or unauthorized use of the AppShore Inc. Technology or Service will be deemed a material breach of this Agreement. AppShore Inc., in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, AppShore Inc. may terminate a free trial account at any time in its sole discretion. You agree and acknowledge that AppShore Inc. has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.

Representations and Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. AppShore Inc. represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online AppShore Inc. help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.

Disclaimer of Warranties
THE SITE, SITE CONTENT, SITE CODE, SERVICES, THE APPLICATIONS AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, APPSHORE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. APPSHORE INC. DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. APPSHORE INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT APPSHORE INC.) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APPSHORE INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF APPSHORE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE APPSHORE INC. TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, APPSHORE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL APPSHORE INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO APPSHORE INC., IF ANY, FOR ACCESSING THIS SITE.

Modification to Terms
AppShore Inc. reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

General
With respect to U.S. Customers, this Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. No joint venture, partnership, employment, or agency relationship exists between you and AppShore Inc. as a result of this agreement or use of the Service. The failure of AppShore Inc. to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AppShore Inc. in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and AppShore Inc. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Severability
If any provision of this Agreement shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

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