Terms of Service

Overview

This website is operated by Aptify. Throughout the site, the terms “we”, “us” and “our” refer to Aptify. Aptify offers this Marketplace, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Marketplace, downloading and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Marketplace. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Marketplace shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website, and any download or purchases from it, following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE MARKETPLACE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and potential legal action on the part of Aptify.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

Any purchases or downloads made through Aptify’s Marketplace, and such purchases or downloads which have been developed solely by Aptify, are to be bound by the terms outlined in the Master Software License, Professional Services, and Product Maintenance agreement entered into by your company with Aptify (“Master License Agreement”).

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Marketplace through which the service is provided, without express written permission by us.

APTIFY RETAINS OWNERSHIP OF ALL PRODUCTS AND CONFIGURATION PROGRAMS OF ALL KINDS ON THE MARKETPLACE, AND ALL DOCUMENTATION RELATED TO THOSE PRODUCTS AND CONFIGURATION PROGRAMS. THESE RIGHTS ARE GOVERNED BY SECTION 8 ACKNOWLEDGEMENT OF OWNERSHIP RIGHTS IN THE MASTER LICENSE AGREEMENT.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

The Marketplace is a new product offering by Aptify for the mutual benefit of you and us. You understand that the Marketplace is currently a beta version, and as such, Section 16 Participation in Beta Testing in the Master License Agreement governs your use of the Marketplace and anything downloaded from the Marketplace. As provided for in Section 16, Aptify disclaims all warranties regarding your use of the Marketplace, and you accept to use the site AS IS. If you encounter any problem with the Marketplace or anything downloaded from the Marketplace, you agree to inform Aptify in a timely manner.

SECTION 4 – PRICES, CHARGES, INVOICES & PAYMENTS

All pricing is in US Dollars, unless expressly consented to by Aptify in writing.

Sales taxes are not included in the quoted pricing. Applicable sales taxes must be paid by the Customer.

Prices for our products are subject to change without notice.

Payment for the requested product is due 30 days after purchase. All non-free products will be invoiced to the customer via email after the online request process has been completed.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Once a product has been purchased through the Aptify Marketplace, Aptify will contact you to help with installation and usage, however if you choose, you may install the product yourself. If you choose to do the installation on your own it is assumed that you have had Aptify’s Administrator training and are familiar with Aptify administration tools which may include unpacking existing packs, uploading Object Repository Objects, adding fields to entities and other administrative tasks. Any problems resulting from the installation of purchased products without the help of Aptify are the full responsibility of the customer.

You acknowledge that it is possible that some products on the Aptify Marketplace may not be compatible with all installations of the Licensed Product. If you accept Aptify’s offer to install a purchased product, Aptify will assign one consultant to your product install, and provide up to a designated number of hours of that consultant’s time to complete the install, at no additional cost to you. If the consultant is unable to install the purchased product within that designated time frame, you agree that the purchased product is not compatible with your installation of the Licensed Product. You may purchase a separate consulting engagement at the then agreed upon rates. If you do not wish to pay for aninstallation, you may decline the product within 15 days of downloading or receipt of the product and Aptify will provide you with a full refund of any monies paid for that specific product, if any.

SECTION 6 – LIMITED WARRANTY

THE PARTIES AGREE THAT THE WARRANTY PROVIDED BY APTIFY FOR CONTENT AND PRODUCTS PURCHASED ON THE APTIFY MARKETPLACE REPLACES AND OVERRIDES THE WARRANTY PROVIDED BY APTIFY IN THE MASTER LICENSE AGREEMENT

We warrant that products developed solely by Aptify, for a period of 30 days following the purchase of the Software on the Aptify Marketplace, will perform substantially as documented for all versions of Aptify which have been identified on the Marketplace as compatible with the product purchased. This warranty includes any product bugs or support issues identified within the warranty period, which Aptify will fix at no cost to the customer. However, if enhancements or changes to the functionality of the purchased product are requested, such services would require a separate consulting engagement at the then agreed upon rates.

THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION, PERFORMANCE AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

SECTION 7 – THIRD PARTY CONTENT

Aptify’s Marketplace may provide access to products developed by third parties, and hyperlinks to third party websites. Aptify does not control, endorse, or guarantee third party products, or content found in third party websites. You agree that Aptify is not responsible for any product, content, associated links, resources, or services associated with a third party or a third party site. You further agree that Aptify shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these products and sites are provided for your convenience only.

Your use of third party products may subject you to the terms and conditions imposed by those third parties. You are responsible for reviewing and adhering to those conditions of use.

Notwithstanding anything to the contrary in these Terms, the third parties who license their products to Aptify for use in connection with the Marketplace are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their content (“Third-Party Content”), and solely for the purpose of enabling such third parties to enforce their rights in such content. To be clear, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Content, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

APTIFY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APTIFY MARKETPLACE. YOUR SOLE REMEDY FOR CLAIMS AGAINST THIRD PARTIES IS DEFINED IN THE TERMS AND CONDITIONS THEY PROVIDE YOU.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site should be taken to indicate that all information on the site has been modified or updated.

SECTION 10 – PROHIBITED USES

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the site or the Internet; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) to interfere with or circumvent the security features of the site or the Internet. We reserve the right to terminate your use of the site for violating any of the prohibited uses.

SECTION 11 – INDEMNIFICATION

THIS INDEMNIFICATION CLAUSE IS IN ADDITION TO THE INDEMNIFICATION CLAUSE IN THE MASTER LICENSE AGREEMENT.

You agree to indemnify, defend and hold harmless Aptify and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 12 – SEVERABILITY

If a provision of these Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this these Terms of Service; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

SECTION 13 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and the initial Master License Agreement entered in to by you constitutes the entire agreement and understanding between you and us and govern your use of the product. All provisions in the Master License Agreement that are not included in the Terms of Service are hereby incorporated by reference.

Unless specifically stated in the Terms of Service, if the parties or a court decides that a conflict exists between the Terms of Service and the Master License Agreement, the Terms of Service controls.

The parties agree that the Terms of Service will be interpreted as if drafted by both parties equally. No party shall be considered the “drafter” for the purposes of any rule of construction that might cause any provision to be construed against the drafter of the Terms of Service.

SECTION 14 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at support@aptify.com.