Terms and Conditions
Welcome, and thank you for your interest in Appstle Inc. (“Appstle,” “we,” or “us”) and our website at www.appstle.com, along with our related websites, networks, applications, mobile applications, and other services provided by us, our subsidiaries and our affiliates (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Appstle regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
By clicking ‘I Accept’, or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood the terms and conditions, including Appstle’s privacy policy.
‘You’ refers to the individual or legal entity, as applicable, identified as the user during the registration process.
1. Appstle Service Overview
1. Appstle provides you, as a store merchant, with certain hosted software (though Shopify or Shopify Plus, and per Shopify guidelines), to manage e-commerce related solutions.
2. You are solely responsible for all of the terms and conditions of the transactions conducted with your shoppers or end-customers, including, without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, insurance, fees, applicable taxes, text messaging (if applicable), title and licenses, all of which must be in accordance with applicable law.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms.
3. General Payment Terms
All pricing for Appstle’s products are in U.S. Dollars.
1. Price. The pricing for Appstle’s products are as reflected on our Shopify listing page, AT THE TIME OF YOUR INSTLLATION of the product. ANY PRICE CHANGES WILL NOT AFFECT EXISTING MERCHANTS.
2. Payments for Appstle will be done via Shopify, and no direct payments will be made to Appstle. Applicable taxes will be calculated by Shopify based on Shopify guidelines.
3. Appstle provides custom dev for features related to our existing products. Separate charges, pre-discussed and agreed with the merchant (you), might apply for these additional custom dev service.
4. Licenses
1. Limited License. Subject to your complete and ongoing compliance with these Terms, Appstle grants you, solely for your use, a limited, non-exclusive, non-transferable, non-sublicensable, and revocable (based on reasonable and valid reasons) license to access and use the Service.
2. License Restrictions. Except and solely to the extent that such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
3. Feedback. If you choose to provide input and suggestions regarding proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Appstle an unrestricted, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
4. Scripts. Appstle may, in its discretion, make available certain code to be copied and pasted by you (“Scripts”), for example, to enable integrations with partners. You agree to not to modify Scripts except as directed by Appstle. You agree Appstle bears no responsibility for Scripts you use, and you take full responsibility for any liability resulting from such Scripts.
5. Ownership; Proprietary Rights. The Service is owned and operated by Appstle Inc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Appstle are protected by intellectual property and other laws. All Materials included in the Service are the property of Appstle or its third party licensors. Except as expressly authorized by Appstle, you may not make use of the Materials. Appstle reserves all rights to the Materials not granted expressly in these Terms.
6. Third Party Terms
1. Third Party Services. Certain features and functionalities within the Service may allow you and your customers to interface or interact with, access, use, and/or disclose information to compatible third-party services, products, technology and content (collectively, “Third-Party Service”) through the Service. Appstle does not provide any aspect of the Third-Party Service and is not responsible for any compatibility issues, errors or bugs in the Service or Third-Party Service caused in whole or in part by the Third-Party Service or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Service and obtaining any associated licenses and consents necessary for you to use the Third-Party Service in connection with the Services.
2. Third Party Services and Linked Websites. Appstle may provide tools through the Service that enable you to export information to a Third Party Service. By using one of these tools, you agree that Appstle may transfer that information to the applicable Third Party Service. Third Party Service is not under Appstle’s control, and, to the fullest extent permitted by law, Appstle is not responsible for any Third Party Service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Appstle’s control, and Appstle is not responsible for their content.
7. User Content
1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You may retain any copyright and other proprietary rights that you may lawfully hold in the User Content.
2. User Content Representations and Warranties. Appstle disclaims any and all liability in connection with User Content. You are solely responsible for your Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Appstle and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Appstle, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Appstle to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
3. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, For clarity, Appstle does not permit copyright-infringing activities on the Service.
4. Monitoring Content. Appstle does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users.
8. Communications
1. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
9. Acceptable Use Policy
By using the Service, you covenant and represent and warrant to Appstle that you will comply with and will not violate, attempt to violate, or assist or permit any third party to violate use.
10. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
5. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission;
6. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
7. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
11. Digital Millennium Copyright Act
1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Appstle Inc.
ATTN: Legal
6258 Sperling Avenue, Burnaby, BC V5E 2T9
Email: legal@appstle.com
2. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3. Repeat Infringers. Appstle will terminate the accounts of users that are determined by Appstle to be repeat infringers.
12. Modification of these Terms
We may, from time to time, change these Terms to confer with laws and regulations, and Shopify guidelines. Please check these Terms periodically for changes. Subject to Section 4.1, revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination and Modification of the Service
1. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated.
2. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Appstle and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Appstle Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (c) any dispute or issue between you and any third party.
14. Dispute Resolution and Arbitration
In the event of any controversy or claim arising out of or relating to these Terms, or any breach thereof, such controversy or claim shall be determined and settled by confidential arbitration, conducted in English, held in New Castle County, Delaware, administered by the American Arbitration Association (“AAA”) before a sole arbitrator in accordance with the then-current AAA Commercial Arbitration Rules. The award rendered by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief.
15. Miscellaneous
1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Appstle regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time with notice. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles.
3. Privacy Policy. Please read the Appstle Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Appstle Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
6. Contact Information. The Service is offered by Appstle Inc. You may contact us by sending correspondence to that address or by emailing us at support@appstle.com
7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
