1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at [Link to your Privacy Policy]), and any additional guidelines or rules posted in connection with specific features or services. These documents constitute a legally binding agreement between you and us.

2. Description of the Service

Appify Pro is a platform designed to enable Shopify store owners to create, manage, and maintain their own native mobile applications (iOS and Android) that integrate with their Shopify stores. The Service provides tools and features to customize the app's design, functionality, and content, and to facilitate its publication on app stores.

3. User Accounts

• 3.1. Account Creation: To access certain features of the Service, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

• 3.2. Account Security: You are responsible for safeguarding your account credentials (username and password) and for all activities that occur under your account. You agree not to disclose your password to any third party and to notify us immediately of any unauthorized access to or use of your account.

• 3.3. Account Termination: We reserve the right to suspend or terminate your account at any time, with or without cause, and without prior notice. Reasons for termination may include, but are not limited to, violation of these Terms, inactivity, or engagement in fraudulent or illegal activities.

4. Use of the Service

• 4.1. License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for the purpose of creating and managing mobile applications for your Shopify store.

• 4.2. User Content: You are responsible for all content, data, and materials that you upload, submit, post, transmit, or otherwise make available through the Service ("User Content"). You represent and warrant that you have all necessary rights to your User Content and that it does not violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

• 4.3. Prohibited Conduct: You agree not to:

  • * Use the Service for any illegal or unauthorized purpose.
  • * Violate any applicable laws or regulations.
  • * Infringe upon the intellectual property rights of others or us.
  • * Upload or transmit any viruses, malware, or other harmful code.
  • * Interfere with or disrupt the integrity or performance of the Service.
  • * Attempt to gain unauthorized access to the Service or related systems.
  • * Collect or harvest any personally identifiable information from other users without their consent.
  • * Use the Service to transmit spam or other unsolicited communications.
  • * Misrepresent your affiliation with any person or entity.
  • * Reverse engineer, decompile, or disassemble any part of the Service.  

5. Intellectual Property

• 5.1. Our Intellectual Property: The Service, including its design, software, code, text, graphics, logos, and other content (excluding User Content), is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, modify, distribute, or create derivative works based on our intellectual property without our express written consent.

• 5.2. User Content License: By submitting User Content through the Service, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with the operation and provision of the Service.

6. Third-Party Services and Content

The Service may contain links to third-party websites, services, or content that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party websites, services, or content. Your interactions with third-party services are solely between you and the third party.

7. Payment and Subscription

7.1. Subscription Plans: Access to certain features of the Service may require a subscription. We offer various subscription plans with different features and pricing. The details of our subscription plans are available on our website.

7.2. Billing and Payment: By subscribing to a paid plan, you agree to pay the applicable fees as described on our website. You authorize us to charge your chosen payment method for the subscription fees. All fees are non-refundable unless otherwise stated in our refund policy.

7.3. Subscription Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date. You are responsible for ensuring that your payment information is current and valid.  

7.4. Price Changes: We reserve the right to change our subscription fees at any time. We will provide you with reasonable notice of any price changes. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the new fee.  

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.  

WE MAKE NO WARRANTIES REGARDING THE PERFORMANCE, FUNCTIONALITY, OR AVAILABILITY OF ANY MOBILE APPLICATIONS CREATED USING THE SERVICE, INCLUDING THEIR COMPATIBILITY WITH DIFFERENT DEVICES OR OPERATING SYSTEMS, OR THEIR APPROVAL BY APP STORES.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED UNITED STATES DOLLARS (USD $100), WHICHEVER IS GREATER.  

10. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.  

11. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.  

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State/Country], without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be exclusively brought in the state or federal courts located in [Your City, State/Country], and you hereby consent to the personal jurisdiction of such courts.  

13. Modifications to the Terms

We reserve the right to modify or revise these Terms at any time by posting the updated Terms on our website or through the Service. Your continued use of the Service after the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.  

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service and supersede all prior and contemporaneous communications and proposals, whether oral or written, between you and us.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.  

16. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17. Contact Us

If you have any questions about these Terms, please contact us at: contact@tannainfotech.com

By using Appify Pro, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Sources and related content