Terms of Service
1 Acceptance of terms
1.1 Apps on Cloud, Inc. (referred to here as “Apps on Cloud”) provides its Service (as defined below) to You through its web site located at www.appsoncloud.com (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TOS, You must not accept these TOS and may not use the Service.
1.2 Apps on Cloud may change this TOS from time to time without prior notice. You can review the most current version of this Terms of Service at any time at http://www.appsoncloud.com/public/terms-of-service
2 Description of service
The “Service” includes (a) the Site, (b) the on-demand Apps on Cloud tools and services provided through the Site and by the Apps on Cloud API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the Apps on Cloud API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General conditions/ access and use of the service
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Apps on Cloud. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Apps on Cloud, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. Apps on Cloud reserves the right to access any or all your accounts in order to respond to your requests for technical support.
3.4 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Apps on Cloud’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.5 The failure of Apps on Cloud to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Apps on Cloud, even though it is electronic and is not physically signed by you and aApps on Cloud, and it governs your use of the Service and takes the place of any prior agreements between You and Apps on Cloud.
Apps on Cloud and Apps on Cloud’s various logos used or displayed on the Service are trademarks of Apps on Cloud and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Apps on Cloud products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.
5 Payment and refunds
5.1 The Service is made available on a pay-as-you-go basis. All plans come with an initial 30-day free trial period. If You do not provide your credit card details to Apps on Cloud within the 30-day free trial period, your account will be suspended and can only be reactivated by submitting your credit card information. If You have provided credit card details before the end of your 30-day trial and have elected to continue with a paid plan, You will be billed monthly starting on the 30th day after your account was initially created. You also have the option of being billed for the Service in advance on a monthly, quarterly or yearly basis, in which case the difference in the upgrade price will be prorated on your first bill. Regardless of your billing cycle, there are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your account may cause the loss of content, features, or capacity of your account. Apps on Cloud does not accept any liability for such loss. Prices of all Services, including but not limited to monthly fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high number of end-users or an unusually high monthly ticket ratio per agent.
5.2 Apps on Cloud provides an interface for the account owner (as defined in the sign-up procedure) to change credit card information (e.g., upon card renewal). The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. Apps on Cloud uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Apps on Cloud. Please visit http://www.appsoncloud.com/privacy-policy
6 Cancellation and termination
6.1 You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the Settings link. There are no other means of canceling your account. All of your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If You cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
6.2 Apps on Cloud reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Apps on Cloud believes that You have violated these TOS. Apps on Cloud will use best efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Apps on Cloud shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7 Disclaimer of warrants
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND APPS ON CLOUD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT APPS ON CLOUD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM APPS ON CLOUD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
8 Limitation of liability
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL APPS ON CLOUD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, APPS ON CLOUD SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, APPS ON CLOUD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Apps on Cloud may assign or transfer this TOS, in whole or in part, without restriction.
10 Export compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components. Governing Law. These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.
11 Governing law
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to your access to or use of the Service.