Apptimi Terms & Conditions
These Terms and Conditions apply to you when you use the Apptimi software and any content contained within the software and any other software we own or license and make available on Apptimi.com. By accessing and using this Website and the Service, you agree to these Terms and Conditions. Apptimi Ltd reserves the right to change the Terms and Conditions, so please check back from time to time. For an explanation of Apptimi’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Statement.
Apptimi: means Apptimi Limited, which is company registered in Ireland.
Application: means the Apptimi Cloud Application including licensed software used to deploy the application.
Subscriber: means the person who registers with the Apptimi application and where applicable any entity on whose behalf the subscriber registered to use the service.
You, Your and User: means the subscriber and users registered by the subscriber on the application.
Subscription Fee: means the monthly or annual fee (excluding taxes and duties) payable by the Subscriber in accordance with fee structure set out on the website.
Data: means the data entered in the Application by the Subscriber and Users.
Intellectual Property Rights: means any trade mark, patent, copyright, know-how and any other intellectual property rights anywhere in world whether registered or not.
Applicable Law: means the laws of the Republic of Ireland.
Website: The Apptimi web site at the domain www.apptimi.com and all other sites owned or operated by Apptimi Limited.
Service: means the operation of the Application hereunder.
Use of the Application
Apptimi grants the Subscriber the rights to access and use the Application on non-exclusive, non-transferable basis and is limited to and subject to this agreement. The Subscriber is solely responsible for granting and managing User access to their information held in the application and undertakes to take all necessary steps to maintain the integrity and confidentiality of the usernames and passwords and will inform Apptimi of any suspected breaches of user access usernames or passwords. You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others. If You do so you must ensure that You are authorised to do so and that all persons for whom or to whom you provide these services accept all terms of this Agreement that apply to You.
Payment of Subscriptions
Depending on the subscription agreed to, the Subscriber authorises the Apptimi to process the relevant payment from their Credit Card each month or each year starting on the date that you first subscribe to the application and Apptimi will issue an invoice corresponding to this payment. Apptimi Limited does not store your credit card information, but instead using a secure third party secure Payment Gateway to store the information. Subscribers that choose to enter their credit card details for automatic payment are responsible for the security of their credit card information. Apptimi will never store your credit card information on their, this instead will be stored with a Payment Gateway provider. Users that enter their Credit Card information via the Apptimi website are responsible for the security of their Credit Card information and accept the Apptimi security procedures as acceptable.
Cooling off period
As access to the Application becomes active from the time we receive payment confirmation we cannot offer a cooling off period. We will cancel all future payments once we have received the confirmation to cancel by email and the request to cancel has been processed in the Application. These terms are in line with S.I. No. 207/2001 — European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001. )
Disclosure of information
Apptimi acknowledges the confidentiality of the information stored in its applications and we have taken every step possible to ensure its security. However, there are some circumstances we may have to disclose information relating to our subscribers.
In connection with legal proceedings. To comply with legal, governmental and/or regulatory requirements. To assist in fraud prevention and/or law enforcement.
Links to other sites / use of third party services
All content and functionality on the Website, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Apptimi or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Website are the registered and unregistered Trademarks of Apptimi and its licensors. You agree that you will not refer to or attribute any information to Apptimi or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Apptimi or its licensors.
Ownership of Data
The acceptance of these Terms and Condition or the usage of Application does not constitute the sale or transfer of ownership of any rights to the software or the intellectual property contained within. The Data entered by You, and Your Users remains your property. You grant Apptimi Ltd a license to copy, transmit, back-up and store Your Data for the purpose of enabling You to use, process and access the Data. You are responsible for compliance with any applicable requirements of the Data Protection Acts 1988 and 2003. Should you wish to discontinue using the Application, your Data will be made available to you to download in Tab or Comma delimited file.
Cancellation of subscription
The term of this Agreement (the “Term”) shall be for the full term of 1 year you have opted for in your subscription plan even if the subscriber has opted for monthly or annual payment subscription plan and will continue in full force and effect for the duration of the Term unless previously canceled or terminated using any of the following methods and under the following circumstances:
Breach of contract – If, in our reasonable judgement, You have breached this agreement, we will issue notice that the Agreement is being terminated and give seven days’ notice in writing and if the breach has not been rectified at the end of the notice period Apptimi will terminate Your Subscription. Cancellation of subscription by User – Users may cancel their subscription at any time using the Website, the subscription will remain active up to the next renewal date. Cessation of business, should Your business cease trading for reason of bankruptcy or winding up of business activity.
Apptimi will continue to add new features and to improve the Application and may update the software without prior notice. All versions of the Application are subject to these Terms & Conditions.
Limitations of liability
The content and functionality on the Website is provided with the understanding that Apptimi is not herein engaged in rendering professional advice and services to you. All content and functionality on the Website is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose and your use thereof is at your sole risk. Apptimi and its third-party content providers make no warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content or generally with respect to the Service. Apptimi shall have no liability or responsibility for any information published on linked web sites, contained in any content published on the Website, or provided by third parties. Neither Apptimi nor its third-party content providers shall be liable for any indirect, incidental, consequential, or punitive damages or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
Backup of Your Data
You are responsible for backing up, to your computer or other device, any important documents or other Data that you may store or use through the Service. Apptimi shall use reasonable skill and care in providing the Service but Apptimi does not guarantee or warrant that any Data you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.
Notices of Infringement
Apptimi prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please write to Apptimi at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Apptimi will remove any posted content that infringes the copyright or other intellectual property right of any person under Irish law upon receipt of such a statement.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including, but not limited to, acts of God, earthquake, embargo, labour disputes and strikes, riots, war, floods and governmental restrictions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Governing Law; Jurisdiction
These Terms are governed by the laws of the Republic of Ireland without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Republic of Ireland.