Terms of Use

Version 1.0, effective as of 18 Jul 2024

By signing up for application Appgreater (hereinafter – the “Application”) developed and operated by [Appgreater Limited] (hereinafter – the “Owner”, or “We”), you accept our Privacy Policy and these Terms of Service (hereinafter – the “Terms”).
These Terms govern your use of Application and provide information about our services as described here below.
When you create an account with us or use the Application, you agree to these Terms.

1. Services

1.1 We provide you with the services (hereinafter – the “Services”) that include all of our products, features, applications, services, technologies, and software that are available via the Application or that are in development and will be integrated to the Application in future.

1.2 You may use the Services only if you agree to form a binding agreement with us and are not a person barred from receiving services under the laws of the applicable jurisdiction.

1.3 By using our Application, you may publish information, in text and graphic form (hereinafter – the “Content”) and share it with other users.

1.4 You will need to register for an account in Application to access our Services. Please safeguard your password, and keep your account information current and in secret. Please, do not share your password with others.

2. User Content on the Services

2.1 You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

2.2 Content on the Services may be protected by others’ intellectual property rights. You are restricted from copying, uploading, downloading, or sharing the Content unless you have the right to do so.

2.3 By using the Application, you explicitly agree not to:

2.4 You retain your rights to any content you submit, post or display on or through the Services.

2.5 Unless otherwise agreed in writing, by submitting, posting, or displaying content via our Application, you grant Us a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed.

2.6 We may review your conduct and content for compliance with these Terms and reserve the right to remove any violating Content.

2.7 We reserve the right to delete or disable content that violates these Terms, including, copyright or trademark violations or other intellectual property misappropriation, impersonation, spam, scam, other unlawful conduct, or harassment, and to terminate accounts of repeat infringers.

2.8 We can download and install updates to the Service on your device.

3. Use of the Application

3.1 If you use the Services to access, collect, or use personal information about other Application users (hereinafter – the “Personal Information”), you agree to do so in compliance with all applicable laws. You further agree not to sell any Personal Information.

3.2 For Personal Information you provide to us, you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information.

3.3 In consideration for our granting you access to and use of the Application, you agree that We and our third-party providers and partners may place advertising in connection with the display of content or information from the content whether submitted by you or others.

3.4 We may stop (permanently or temporarily) providing the Services or any features within the Application to you or to users generally.

3.5 We retain the right to create limits on use and storage at our sole discretion at any time.

3.6 We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary:

To satisfy any applicable law, regulation, legal process or governmental request,
To enforce the Terms, including investigation of potential violation,
detect, prevent, or otherwise address fraud, security or technical issues,
respond to user support requests,
protect the rights, property or safety of the Application, our users and the general public.

3.7 We provide the Application and the Services on an “AS IS” and “AS AVAILABLE” basis, and we disclaim all warranties, responsibility, and liability to you or others to the extent permitted by law. You may be exposed to offensive or harmful content posted by other users. The Application and the Services may change from time to time, and we may limit or terminate availability of the Application and Services or particular features to you or other users at any time.

3.8 You have a right to terminate this agreement at any time by deactivating your account and discontinuing use of the Application and Services.

4. Misuse of the Application

4.1 You agree not to misuse the Application, including, but not limited to:

Access or use non-public areas of the Application, our computer systems, or the technical delivery systems of our providers,
scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures, unless it is agreed by us in writing
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Application to send altered, deceptive or false source-identifying information;
interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, the Application, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Application.

4.2 You are expressly prohibited working around any technical limitations in the software provided to you as part of the Application, or reverse engineer, decompile or disassemble the software.

4.3 You agree to terms (EULA) and these terms make it clear that there is no tolerance for objectionable content or abusive users. Users posting abusive content will be blocked and removed from the application.

5. Limitation of Liability

5.1 To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, personal data, use, goodwill, or other intangible losses, resulting from:

your access to or use of or inability to access or use the Application and/or the Services;
any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
any content obtained from the Application; or
unauthorized access, use or alteration of your transmissions or content.

5.2 In no event shall the aggregate liability of Us exceed the amount you paid us, if any, in the past twelve months for the Services giving rise to the claim.

5.3 The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not We have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6. Indemnification

6.1 To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Us, our directors, partners and employees (individually and collectively, the “Appgreater Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (the “Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law.

6.2 You agree to promptly notify Appgreater Indemnified Parties of any third-party Claims, cooperate with Appgreater Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees).

6.3 You also agree that the Appgreater Indemnified Parties will have control of the defense or settlement, at Our sole option, of any third-party Claims.

7. AS-IS DISCLAIMER

7.1 Please note, that your use of our Application is at your sole risk. You understand that our Application and any content posted or shared by users are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

7.2 We make no warranty or representation and disclaim all responsibility and liability for:

the completeness, accuracy, availability, timeliness, security or reliability of the Application or any Content;
any harm to your computer system, loss of data, or other harm that results from your access to or use of the Application or any Content;
the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the the Application,
whether the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

7.3 No advice or information, whether oral or written, obtained from Us, will create any warranty or representation not expressly made herein.

8. Governing law

8.1 These Terms and any dispute that arises between you and Us shall be governed by law of England and Wales except for its conflict of law principles.

8.2 In the event of any disagreement or any dispute between the Parties, controversy, or claim arising out of any matter relating to or arising out of these Terms, the Parties shall, in the first instance seek to resolve the matter by mutual discussions between their respective representatives designated specially for this purpose. If the dispute is not settled in accordance with this clause within 30 days of the commencement of discussions, the dispute shall be settled in accordance with this Clause.

8.3 Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this contract or arising therefrom or related thereto in any manner whatsoever, shall be settled by a litigation in the courts of England and Wales.

8.4 In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

8.5 Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This clause doesn’t override those laws.

9. General

9.1 These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties.

9.2 We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern Our relationship with you. By continuing to access or use of the Application after the revision become effective, you agree to be bound by the revised Terms.

9.3 You are free to stop using our Application at any time. We reserve the right to suspend or terminate your access to the Application and therefore, the Services with or without notice at our sole discretion.

9.4 In the event any provision of these Terms is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Terms and all other provisions should continue in full force and effect as valid and enforceable.

9.5 The failure by either Party to exercise any right, power, or privilege under the terms of these Terms will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.

9.6 If either Party is rendered unable, wholly or in part, by Force Majeure to perform its obligations under these Terms, it is agreed that such obligations, so far as they are affected by Force Majeure shall not be executed from inception of any such inability until it is corrected, but for no longer period. The Party claiming an inability to perform shall immediately after the occurrence of the Force Majeure event, notify the other Party orally of the nature, date of inception and expected duration of the Force Majeure and the extent to which it will prevent the Party giving such notice from performing its obligations under these Terms. Thereafter, the party giving such notice of inability to perform its obligations under these Terms shall confirm such notifications in writing as soon as practicable. The party claiming an inability to perform shall promptly correct such inability to the extent it may be corrected through the exercise of reasonable diligence. Neither party shall be liable to the other for costs incurred as a result of any delay or failure to perform arising out of Force Majeure. However, it is specifically agreed that if either Party is rendered unable wholly or in part, by Force Majeure to perform its obligations under these Terms, such Party shall be relieved from making payments for amounts due these Terms.

9.7 Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

9.8 You agree that communications and transactions between us may be conducted electronically.

9.9 The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.

10. Contact details

All queries regarding the provisions of the Policy may be sent to the one of our office:

Appgreater Limited
7 Bell Yard, London, England, WC2A 2JR
support@appgreater.com

© Appgreater Limited 2024