Terms of Use
Last updated: 01 JAN 2022
Welcome to Appscom!
This website is operated by Appscom. Throughout the site, the terms “we”, “us” and “our” refer to Appscom.io. Appscom offers this website, including all information, services and tools available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in this terms of services.
You agree to comply by the following terms and conditions ("Terms of Service," "Terms"), including such other terms and conditions and policies linked herein and/or available by hyperlink, by visiting our site and/or purchasing something from us. These Terms of Service apply to all site users, including but not limited to browsers, vendors, consumers, merchants, and/or content contributors.
Before accessing or using our website, please read these Terms of Service carefully. You agree to abide by these Terms of Service by accessing and using any element of the site. You may not visit the website or use any services if you do not agree to all of the terms and conditions of this agreement.
The Terms of Service will apply to any new features or tools that are added to the current website or store. On this page, you will find the most recent and updated version of the Terms of Service at any time. By making updates and/or changes to our website, we reserve the right to update, amend, or replace any portion of these Terms of Service. It is your duty to check this page for updates on a regular basis. Following the publishing of such modifications, your continued use of or access to the website implies acceptance of those changes and inclusions.
Shopify Inc. also hosts our online store. They offer an online e-commerce platform via which we may sell Shopify Apps, Shopify Themes, Shopify Products & Packages, and Shopify Services.
Accessing the Website, Services, and Apps
We do reserve the right, at our sole discretion and without notice to you, to withdraw or modify any portion or all of the website, our Services, and our App(s). We will not be liable if the Website, our Services, or our App(s) are unavailable at any time or for any period due to any reason. We reserve the right to limit your access to all or parts of the Website, our Services, and our Apps at any time.
You are responsible for making necessary arrangements for you to get access to our services, the website, and our App(s). You need to ensure that all the people who will access our services, our website, and our App(s) through you or your internet connection and comply with these Terms of Services.
Without our consent, you agree not to duplicate, copy, sell, resell or exploit any component of the Service, use of the apps, or access to the Service or any contact on the website through which service is given.
Payments and Fees
i. Fees for Services. You agree to pay to Appscom any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service or app(app). Where applicable, you will be billed using the billing method you select through your account management page.
ii.. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time.
Awarding of a Website and App(s) License, Restrictions, Responsibilities, and Modifications
We provide you (the "Licensee") a non-exclusive, non-transferable, and non-sublicensable global right and license to use and exhibit ourApp(s) (the "License") on your domain(s), webpage(s), or blog(s) ("Licensee's site(s)"). If Licensee fails to comply with any requirement under these Terms of Services in a timely manner, or if these Terms of Services are terminated, the Agreement and these Terms of Services will immediately and automatically end. Furthermore, with writing notice to Licensee, we may withdraw the License and these Terms of Services in whole or in part. All copies of any App(s) with regard to which the License and these Terms of Services are terminated or as we may otherwise request from now and then should be promptly removed, deleted, or otherwise destroyed from Licensee's site(s).
Licensee may not, and may not allow a third party to, (a) decompile, reverse engineer, disassemble, modify, distribute, or derivative works or developments from any App(s) or any portion of same, or attempt to find any source code, protocols, or other company secrets in any App(s); (b) acquire or try to obtain unauthorized access to the company's network; (c) incorporate any App(s) into any hardware; or (d) incorporate (e) sell, lease, loan, distribute, transfer, or sublicense any App(s) or access to them, or derive income from them, whether for conducting business or otherwise; (f) use any App(s) in any unlawful manner, for any illegal purpose, or in any manner that is incompatible with these Terms of Services; (g) use any App(s) in a manner that breaches, violates, or misrepresents the company's intellectual property rights,(h) use data mining, robots, or similar data collecting or extraction methods; exhibit any App(s) on any site, webpage, blog, or in any other way that disparages us or is otherwise.
Licensee is fully responsible for the development, maintenance, and operation of Licensee's site, as well as all hardware and software utilized therein. Similarly, Licensee is responsible for any content, data, materials, and information contained in or shown on it.
We have the right to change or cancel any or all of our Apps, temporarily or permanently, with or without notice to the Licensee. If we use our right to change or discontinue any or all of our App(s), we will not be accountable to Licensee or any third party (s). If Licensee opposes any of these modifications, Licensee's only option is to stop using those App(s). Continued use of these App(s) after receiving notice of any such modifications signifies the Licensee's acceptance of such changes and satisfaction with the App(s) as amended. Licensee irrevocably assigns to us all right, title, and interest in and to Licensee Suggestions if Licensee submits suggestions, reviews, modifications, data, photos, text, or other material or content in association with these Terms of Services or any of our App(s) or services to us or any of our affiliates ("Licensee Suggestions").
Licensee represents and warrants that: (a) Licensee has all required permissions, power, and authority (including, without limitation, all required third-party licencing or authorizations) to interact in the activity contemplated by these Terms of Services; and (ii) the site where Licensee incorporates any App(s) will not contain material that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that invades or violates any third party's privacy (iii) Licensee is solely responsible for all activity occurring on or through Licensee's site, and the company expressly disclaims any and all liability in this regard.
Licensee accepts that, in exchange for using any App(s), we may collect generic tracking data on Licensee's or Licensee's end users' use of the App(s) in accordance with the Company's Privacy Policy.
Advertisers
Your business dealings with, or involvement in promotions of, advertisers found on or through appscom.io are solely between you and such advertiser, including orders and payments of related goods or services and any other terms, conditions, warranties or representations associated with such dealings. You accept that we are not responsible or liable for any loss or damage of any kind incurred as a result of or alleged to be incurred as a result of any such dealings or as a result of such advertisers' presence on appscom.io. You agree that we will not be accountable to you if an advertiser fails to supply any service or product you requested from it, and you agree that we will not be accountable to you for any failure by an advertiser to provide any service or product you ordered from it.
Pesronal Information
Your submission of personal information through the store, website or apps is governed by our Privacy Policy.
Disclaimer and Liability Limitations
THE WEBSITE, OUR TECHNOLOGIES, AND OUR APP(S) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND YOUR USE OF THE WEBSITE, OUR FACILITIES, AND OUR APP(S) IS AT YOUR SOLE RISK. FOR THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (THE "COMPANY PARTIES") DISCLAIMS ALL WARRANTIES, EXPRESSLY Or IMPLIEDLY, IN CONNECTION WITH THE WEBSITE, OUR SERVICES, OUR APP(S), AND ASSUMES NO RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, QUALITY, OR INACCURACIES ON THE WEBSITE, OUR OFFERINGS, OR OUR APP(S); (II) TECHNICAL FAULTS AFFECTING THE WEBSITE, OUR SERVICES IN ANY WAY; (III) VIRUSES, BUGS, TROJAN, OR THE LIKE WHICH MAY BE TRANSFERRED TO OR THROUGH THE SITE, OUR SERVICES, AND OUR APP(S) BY ANY THIRD PARTY; (V) REDUCTION IN ANY MATERIAL OR FOR ANY LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR SERVICES, THE WEBSITE, AND OUR APP(S); (VI) INTERRUPTED, STOPPED OR DELAYED ACCESS OR USE OF OUR SERVICES, THE WEBSITE, , AND OUR APP(S) FOR ANY OCCASION; (VII) MATERIAL THAT CAN BE DOWNLOADED FROM THE WEBSITE; (VIII) MATERIAL AT OTHER SITES ADDED TO OR FROM THE WEBSITE; AND (VI) COMMUNICATIONS WITH US OR OTHER COMPANY PARTIES.
NO ADVICE OR INFORMATION ACQUIRED BY YOU FROM US OR THROUGH OR FROM USE OF THE WEBSITE, OUR SERVICES, OR OUR APP(S) IS INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT, OR FINANCIAL PLANNING OR TO BE COMPLETE ON ANY SUBJECT MATTER CONTAINED THEREIN, WHETHER ORAL OR WRITTEN.
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT WE AND THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) OR THE COST OF PROCURING REPLACEMENT PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICES. THIS RESTRICTION MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Indemnity
YOU AGREE NOT ONLY TO INDEMNIFY US BUT ALSO ANY THIRD-PARTY CLAIMANTS HARMLESS FROM CLAIMS ARISING OUT OF OR RELATED IN ANY WAY WITH YOUR ACTIONS ON THIS SITE. THIS MAY INCLUDE ANYTHING FROM ALLEGATIONS ABOUT INFRINGEMENT UPON INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS BELONGING TO OTHERS; THUS, WE ASK THAT ALL USERS ACT RESPONSIBLY WHEN USING THESE SERVICES AS WELL AS COOPERATE FULLY IF CONTACTED FOR AN INQUIRY REGARDING POSSIBLE MISUSE ACTIVITY - INCLUDING PROVIDING EVIDENCE SHOULD THERE BE NEED FOR IT.
Jurisdiction and Governing Law
If ever a dispute arises between you and Appscom, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable and valid requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any dispute or claim arising out of or in connection with the Agreement or its formation (including non-contractual disputes or claims) shall be governed by the laws of the Peoples Republic of Bangladesh. The state and/or federal courts residing in Dhaka, Bangladesh shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement and/or the Service.
In case of any confusion, Appscom has the sole right to interpret this agreement.
Arbitration
Company reserves the right to require you to submit any disputes arising from these Terms of Services or your access and use of our Services, App(s), including those concerning their interpretation, violation, invalidity etc., to final arbitration under the company's sole discretion in accordance with the arbitration act 2001 of Banladesh.
Severability and Waiver
The company's waiver of any term or condition set forth in these Terms of Services shall not be interpreted as a further or continuing waiver of that term or condition or of any other term or condition, and the company's failure to assert a right or availability under these Terms of Services.
Suppose any provision of these Terms of Services is found to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction for any reason. In that case, that provision will be eliminated or limited to the bare minimum, leaving the remaining provisions of the Terms of Services in full force and effect.
Overall Agreement
The Terms of Services and our Privacy Policy represent the entire agreement between you and us with respect to our Services, the Website, and our App(s), and surpass all prior and simultaneous understandings, contracts, representations, and warranty claims, both written and oral, with respect to our Services, Website, and our app(s).
Your Comments and Feedback
All other feedback, comments, technical support requests, and other communications about our Services, the Website, and our App(s) should be sent to us through our support mail: support@appscom.io