Cancellation Policy

CANCELLATION POLICY

1.Cancellation

  • You may discontinue to use and request to cancel your User Account and/or any Appify Services at any time, in accordance with the instructions available on the Appify Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Appify Services, and the effective date for cancellation of paid Services shall be at the end of such paid Service’s subscription period.
  • Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to renewing paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made – if purchased directly from Appify, at least fourteen (14) days prior to the expiration of the then-current service period.

 

2.Term and Termination

  • These Terms of Usage shall remain in effect until terminated by either you or us. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms of Usage or our Privacy Policy. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services. All clauses of these Terms of Usage that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution and Additional Terms.

 

3.Warranty Disclaimers

  • Disclaimers: To the fullest extent permitted by applicable Law, Appify makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available”. Appify also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Appify, shall create any warranty. Appify makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
  • You are solely and fully responsible for all taxes and fees of any nature associated with your activities, including any taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your Users of such and provide them with a duly issued invoice as required by law.
  • You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims.
  • Under certain circumstances, some jurisdictions don’t permit the disclaimers in Clause 13.1, so they may not apply to you. However, the disclaimers apply to the maximum extent permitted by applicable Law. You may have other statutory rights and nothing in these Terms affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by applicable Law.
  • You may not offer or sell any products/services, or provide any information, Content or material regarding products/services, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable Laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance, and export; and
  • Appify may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with, or made a part of your User Platform at such time, without any liability to you, including for any capacity loss resulted therefrom.

 

4.Limitation of Liability

  • To the fullest extent permitted by law in each applicable jurisdiction, Appify, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Appify Services; (3) any unauthorized access to or use of our Services and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Appify Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Appify Services; (6) events beyond the reasonable control of Appify, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Appify Services.
  • You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Appify’s services to you, and such limitations will apply even if Appify has been advised of the possibility of such liabilities.