Welcome to AppHub! We provide of a comprehensive suite of ecosystem-leading applications and support for business.
References in these Terms of Service to “us,” “we,” or “our” refer to AppHub LLC, a Delaware limited liability corporation. References to “you” and “your” refer to you as an individual user of our services (who is over the age of 18) or the business entity you are authorized to represent.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL CLAIM BASIS ONLY, NOT AS A CLASS ACTION, AND WITHOUT A JURY TRIAL.
- Your Rights to Use the Services. Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable right and license to visit the public portions of our websites, and to access and use one or more of our Apps and Services as you select in an order and installation process (your “Order”) in accordance with the technical specifications and documentation that we make available. This right and license is a subscription on a month-to-month basis, unless otherwise expressly stated in the Order, and you are authorized to use the Services solely for your own business purposes and not for any personal, household, or family purpose.
- Apps May Be Subject to Usage Limits. Your use of the Services may be subject to certain limitations as stated in the Order and our published specifications and documentation. Limitations vary by App and may include restrictions on things like the number of supported stores or domains, storage limits, and the number of transactions included with your subscription (“Usage Limits”). If you exceed Usage Limits for an App during your subscription, the App may cease to work, or you may be charged additional fees for the excess use at then-current prices. In some instances, you may be using a “free trial” or other no-charge version of an App, in which case Usage Limits may also include a limited period of trial use, or limited functionality, or both; use of such versions is still subject to the terms and conditions of this Agreement.
- You May Not Misuse the Services. You agree that you and anyone you authorize to access the Services for you will not: (i) rent, lease, lend, sublicense, sell, or otherwise transfer rights to use the Services to any third party, including for timesharing or as a service bureau; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services; (iii) remove or alter without authorization any logos, trademarks, links, copyright or other notices, legends, templates, graphics, or markings from the Services or documentation; (iv) attempt to bypass or tamper with the security, operation, or access control technology of the Services; (v) attempt to access the accounts or data of any other customer or third party; (vi) use the Services to analyze its workings and features for the purpose of developing competitive Services; (vii) use the Services in violation of applicable export control laws; (viii) use the Services in a manner that interferes with the use or enjoyment of it by others, such as placing unreasonable demands on the systems or using the Services to create, use, send, store, or run viruses or other harmful computer code; (ix) use the Services in violation of any applicable acceptable use policy posted; or (x) use the Services in a way that violates applicable law or the legal rights of others, such as violating a third party’s intellectual property rights, or data privacy rights, or using the Services to store or transmit material that is defamatory, tortious, harassing, threatening, obscene, illegal, or otherwise objectionable. In the event of a violation of this Section, then in addition to any other remedies we may have, we reserve the right to immediately suspend your access to the Services until the violation of this section is cured.
- Your Are Responsible for Protecting Passwords and Unique Credentials. You are solely responsible for selecting secure account and user passwords, changing passwords frequently, maintaining the confidentiality of user logins and passwords, any restricting access to these and any other unique credentials you are assigned. We assume no responsibility for damage or loss arising from unauthorized access to the Services and your account due to your failure to protect your account and credentials through proper security measures.
- We Are Not Responsible for Third-Party Platforms, Apps, Integrations, or Other Third-Party Services. We are not responsible for third-party services (“Third-Party Services”) you may choose to use when using our Services. Third-Party Services include things such as e-commerce operating systems and platforms like Shopify, your internet connectivity, and other apps or services you connect to or integrate with while using our Services. By using such Third-Party Services, you are giving us your consent and instructions to share your data and information as needed for the interoperation of our Services with the Third-Party Services. We are not responsible for any improper disclosure, modification, damage, deletion, loss, or unauthorized use of your account or data resulting from any such access by or operation of Third-Party Services. We are not responsible for the performance, operation, or continued availability of any Third-Party Services, or for any request for refund, credit, or other compensation relating to the Third-Party Services, which you use at your own risk.
- We Have the Right to Use Feedback and Reviews. We encourage you to provide suggestions, proposals, ideas, recommendations, or other feedback regarding the Services. To the extent you provide such feedback, you grant us an unrestricted and perpetual right to incorporate that feedback into Services and use it in our business for any purpose. We will not, however, use your name or identify you when using feedback for marketing or promotional purposes unless we have asked for and received your consent.
- Our Support Services. We pride ourselves on our support program and we will provide support as reasonably requested during the business hours posted for each App, which may vary. Support is available through support channels such as email, live chat, online ticketing, knowledge bases, and other methods that may be specified for each App on our websites. Unless otherwise specified for an App or Service, support is available only in the English language.
- We May Use Aggregated and Anonymous Data From Our Systems. You acknowledge and agree that we may collect, use, and disclose aggregate and anonymized information from our systems and may do so for any purpose, as long as such information contains no personally identifying information and cannot be traced back in any way to identify you or any of your authorized users, customers, or others identified in your data. This information we derive from our systems is important to us for a number of reasons including to maintain and improve our Services and promote our solutions and their performance.
- You Agree to Pay All Fees When Due. You agree to pay all charges due associated with your use of the Services as specified when you place your Order (“Fees”). Unless otherwise stated in the Order, Fees for subscriptions and other flat-fee charges are due in advance each month, and any variable charges based on volume or other usage metrics are due within five (5) days of the end of each month. Unless otherwise stated in an Order, Fees accrued are non-cancellable and non-refundable. You agree to pay applicable sales, use, value added or similar taxes, if any, we may be required to collect related to your Order. All payments must be in U.S. dollars unless otherwise stated in your Order.
- You Authorize Us to Charge Your Payment Account when Payments are Due. Unless another payment method is specified in your order, you will pay your Fees through a payment card and third-party processor, or through an intermediate payment system that bills you such as those associated with e-commerce platforms that host a store for you (your “Payment Account”). You hereby authorize us or our authorized processors to charge your Payment Account for all payments under this Agreement as they come due.
- If Your Payment is Late Your Account May Be Suspended and Interest Charges Will Apply. If your payment is late or your Payment Account declines the charges, we may suspend the Services until you establish a new Payment Account and pay all amounts due. You are responsible for keeping all Payment Account information accurate and up to date, including information needed by us to charge your Payment Account. If your payment is past due you will also be charged interest at the rate of one percent (1%) per month on the past due balance (or if lower, the highest rate permitted by law) prorated daily until payment is received.
- You Will Contact Us First If You Dispute Any Charges. If you dispute all or part of the charges to your Payment Account, you agree to notify us within thirty (30) days of the due date for the disputed charge, and work with us in good faith to resolve the issue before seeking a refund through your Payment Account. If we agree a refund is due, we will promptly refund the disputed amount. You agree that for any variable charges, our system reports on usage are the system of record for billing purposes.
- The Duration of This Agreement. This Agreement is effective when you accept these terms by accessing, installing, signing up, ordering, or otherwise using our Services, and unless otherwise stated in your Order, this Agreement continues month-to-month until terminated by one party or the other as provided in this Agreement or the Order. If you have more than one Order with us, the termination of an Order will not affect other Orders, but if a party terminates the entire Agreement, then all Orders terminate.
- You May Terminate at Any Time for Any Reason. Unless otherwise specified in an Order, you may terminate one or more Orders or this entire Agreement at any time, for any reason or no reason, by contacting us at email@example.com. The termination will be effective once we are notified, however you will not be entitled to a refund of any pre-paid Fees, and any unbilled charges accrued through the date of termination such as variable Fees will become immediately due and payable and charged to your Payment Account. Be sure to download and store any of your data available from our Services before you terminate since your account and related data may be deleted and no longer available after termination.
- We May Terminate if You Breach This Agreement, or For Any Reason With 30 Days’ Notice. We may terminate any Order, or this entire Agreement, by giving you notice if you violate a provision of this Agreement and do not remedy it, if it can be remedied, within two (2) weeks of our notice. Your access to Services may be suspended during this time. We may also terminate an Order or this entire Agreement at any time and for any reason or no reason by giving you thirty (30) days’ prior notice through Apps you use or the contact information you have provided us. We may also terminate this Agreement immediately in the event you become the subject of a petition of bankruptcy, or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. Be sure to download and store any of your data available from our Services before termination occurs since your account and related data may be deleted and no longer available after termination.
- All Rights to Services and Access End Upon Any Termination of this Agreement. Immediately upon any termination of an Order or this Agreement, you will cease use of the terminated Services, and you will be charged in full all Fees due at the time of termination. You will no longer have access to your account or your data from our systems, and you may no longer use the Services or any part of the Services (such as templates, graphics content, documentation, or other materials). All provisions of this Agreement which by their nature should survive termination of this Agreement shall survive termination.
- We Will Defend and Indemnify You if Our Services Infringe Intellectual Property Rights. We will defend, indemnify, and hold you harmless from and against all claims, lawsuits, and other actions brought by a third party against you to the extent based on allegations that our Services infringe that third party’s patent, copyright, trademark, or trade secrets rights. This indemnification right does not apply to the extent the allegations are based on your data or any other materials you provided, modifications you made to the Services, unauthorized use of the Services, or combination of our Services with other goods or services we did not provide. If we believe that any portion of the Services may be subject to such an infringement claim, then we may, at our sole option and at no additional expense to you: (i) obtain for you the right to continue using the Service; (ii) modify or replace the infringing portions of the Service to allow for your continued use; or (iii) if these alternatives are not commercially reasonable, refund to you any unused, prepaid Fees and terminate this Agreement. THIS SECTION CONTAINS OUR SOLE OBLIGATIONS AND YOUR SOLE REMEDIES IN THE EVENT OF THIRD-PARTY INFRINGEMENT CLAIMS.
a. You Will Defend and Indemnity Us and our Suppliers For Misuse of Services or Your Breach of Your Obligations to Others. You agree to defend, indemnify, and hold us and our suppliers harmless from and against all claims, lawsuits, and other actions brought by a third party against us or our suppliers to the extent based allegations that would constitute a breach by you of your obligations in Section 3 (“Prohibitions on Misuse of Services”), or a breach by you of your obligations to that third party that was not directly caused by any breach of our obligations to you under this Agreement.
- Limited Warranty, Your Exclusive Remedies, and Warranty Disclaimers. We warrant for duration of your authorized use of the Services that they will operate in substantial conformance with the specifications and documentation we publish when the Services are used in normal operating conditions. Your exclusive remedy for breach of this warranty is to notify us in writing in reasonable detail of the non-conforming aspect of the Services during the warranty period, and upon receipt of such notice, we, at our option, will either use commercially reasonable efforts to modify and provide an update to the Services so that it is in conformance with this warranty requirement, or provide a commercially reasonable work-around within a reasonable period of time, not to exceed thirty (30) days. If we are unable to do so, we will provide you with a refund of any pre-paid Fees that apply to the period following your report of the non-conformity. THIS SECTION SETS FORTH YOUR EXCLUSIVE RIGHTS AND REMEDIES AND OUR SOLE LIABILITY IN CONNECTION WITH THIS LIMITED WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, WE DISCLAIM TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL BE FREE FROM ERRORS OR DEFECTS, AND ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT WE HAVE NO RESPONSIBILITY AT ALL FOR THE OPERATION OF THIRD-PARTY SERVICES OR FOR ANY ERRORS, DEFECTS, LOSSES, OR HARM CAUSED BY YOUR USE OF THIRD-PARTY SERVICES. THIS DOES NOT LIMIT NON-WAIVABLE RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW.
- Mutual Limitation of Liability. NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT TO THE OTHER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE AND EVEN IF SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, AND ANY CLAIMS BASED ON GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED A SUM EQUAL TO THE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT BY YOU TO US IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Modifications We Make to this Agreement Will Apply to New Orders and Renewed Orders. We reserve the right, at our discretion, to modify or replace any part of this Agreement by (i) posting a revised Agreement on our site with a new revision date, or (ii) providing notice to you of the change and revision date in the App(s) or by email. Modifications will be applicable to new Orders placed after the revision date of the modification, and will also apply to existing Orders at the next renewal, which is the start of the next month following the notice or posting date for month-to-month plans, however if you elect to terminate this Agreement and notify us within thirty (30) days of the revision date (or the date of notice in-App or by email), the modifications will not apply and the Agreement will terminate upon your notice.
- We Are Independent Contractors. The parties to this Agreement are independent contractors and no agency, partnership, joint venture, employment or similar relationship exists between you and us. Neither party has the authority to bind the other or incur any obligation on its behalf.
- This Agreement is Governed by New York Law, and Both Sides Agree Arbitration of Disputes is Mandatory, with No Class Actions or Trial by Jury. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to its conflict of laws provisions. For any dispute with us you agree to first contact us and attempt to resolve the dispute with us informally in good faith. In the unlikely event that we have not been able to resolve a dispute with you within thirty (30) days’ of such notice, then any controversy or claim arising out of or relating to this Agreement or the alleged breach hereof may be pursued on an individual basis only, and not on behalf of a class, and shall be settled by binding arbitration by the American Arbitration Association (“AAA”) pursuant to their Commercial Arbitration Rules available at www.adr.org. Any award shall be final, binding, and conclusive. A judgment upon the award rendered may be entered in any court having jurisdiction thereof. Nothing in this Section shall be deemed as preventing either party from seeking a preliminary injunction or other preliminary equitable relief from a court of competent jurisdiction in appropriate cases.
- This Agreement Cannot Be Assigned Without Consent Except When a Party is Sold or Acquired. Neither party shall assign this Agreement without the written consent of the other party, which may not be unreasonably withheld or delayed, except that assignment without such consent is permitted upon notice in the event of a merger, acquisition, sale of substantially all the assets of a party or any similar transaction. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
- California Residents. The provider of the Services is: AppHub LLC. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
The following additional or modified terms and conditions apply under this Agreement to your use of ViralSweep.
Our Relationship With You as a Member of ViralSweep. ViralSweep Apps and Services enable you as a registered user (“Member”) to easily create, manage, and administer sweepstakes, contests, and similar promotions (collectively, “Promotions”), and to configure, collect, and manage data using the tools we provide. In some cases, we may host a Member’s Promotion on our servers, or you may elect to host a Promotion on your own website(s). Our relationship with you is solely as a provider of online tools and hosting services, and nothing more. While we make available various tools and generic templates for your use in creating online Promotions, we do not provide legal advice. You are solely responsible for ensuring that you operate your Promotion in full compliance with applicable laws, including but not limited to: (i) the design, advertising, and administration of your Promotion; (ii) prize selection, fulfillment, and tax reporting; (ii) the accuracy of any descriptions of the Promotion and applicable rules; (iii) compliance with applicable laws regulating your Promotion, such as state lottery prohibitions, sweepstakes registration requirements, bonding, or other requirements that may apply depending on the jurisdiction; and (iv) your strict compliance with applicable data protection laws.
You May Not Allow Participation by Under-Age Participants. We are unable to host any Promotion directed to children under the age of 13, or in which such children may otherwise participate, and you are prohibited from designing such a Promotion to be hosted on our website. The collection of personal information from children under 13 is governed in the U.S. by the Children’s Online Privacy Protection Act, and your failure to comply with that statute can subject you to severe penalties. Similar state laws can further regulate data collection from minors under 16, and some states have an age of majority higher than 18 years old. You are solely responsible for restricting data collection from, and participation by, any under-age participants.
Prohibited Promotions. We do not permit our Services to be used with affiliate offers, referral links, CPA offers, cryptocurrency promotions, sneaker raffles, gambling, or illegal lotteries. Violation of this prohibition may result in immediate suspension and termination of a Promotion and Member account.
Legal Disclaimer. WE MAY MAKE GENERIC SWEEPSTAKES OR CONTEST TEMPLATES AVAILABLE FOR YOU TO MODIFY TO SUIT YOUR PARTICULAR PROMOTION, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO WHETHER THEY ARE LEGAL OR APPROPRIATE, AND HEREBY DISCLAIM ANY SUCH REPRESENTATIONS AND WARRANTIES IN FULL. YOUR USE OF ANY INFORMATION WE MAY PROVIDE IS AT YOUR SOLE RISK. YOU SHOULD ALWAYS SEEK ADVICE AND INFORMATION FROM A QUALIFIED LEGAL PROFESSIONAL BEFORE OPERATING A PROMOTION.