1. Agreement to these terms
These Terms of Service are an agreement between you and AppEZ, LLC, a Georgia limited liability company (“AppEZ”, “we”, “us”). They apply to appezapps.com and to every application and service we operate, unless that application presents separate terms of its own. By creating an account, or by using the website or an application, you accept these terms. If you do not accept them, do not use the service.
If you are accepting on behalf of a business, you represent that you have authority to bind that business, and “you” includes it.
2. The services
AppEZ designs, builds and operates mobile and web applications for small businesses and the customers those businesses serve. The features available to you depend on the application you are using and, where you are a customer of a business that uses our software, on what that business has enabled. We may add, change or remove features, and we will give reasonable notice before a change that materially reduces functionality you rely on.
3. Eligibility and accounts
- You must be at least 13 years old, or the minimum age in your jurisdiction, and able to form a binding contract.
- Account information you give us must be accurate and kept current.
- You are responsible for the security of your credentials and for activity under your account. Tell us promptly at support@appezapps.com if you believe your account has been compromised.
4. Acceptable use
You agree not to:
- Break the law, infringe anyone's rights, or use the service to harass, defraud or harm anyone.
- Upload malware, or attempt to gain unauthorised access to the service, another account, or any system connected to it.
- Probe, scan, overload or interfere with the service or its infrastructure, or circumvent rate limits, authentication or other protective measures.
- Scrape or harvest data from the service by automated means without our written permission.
- Reverse engineer, decompile or attempt to derive source code, except to the extent that restriction is unenforceable by law.
- Resell, sublicense or provide the service to a third party except as the application expressly allows.
5. Your content
You keep ownership of everything you submit to the service — text, images, business data and records. You grant AppEZ a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and display that content solely to operate, secure and support the service, and to the extent needed for backups and disaster recovery. That licence ends when the content is deleted, subject to backups being overwritten on a rolling schedule.
You are responsible for your content, for having the rights to submit it, and for ensuring it does not infringe anyone's rights or break any law.
6. Business customers and their end users
Where an application is operated on behalf of a business, that business is responsible for its own relationship with its customers, including the services it offers, the prices it charges, its cancellation and refund terms, and the accuracy of the information it publishes. AppEZ provides the software; it is not a party to any transaction between a business and its customer, and does not guarantee that any service booked through an application will be provided.
7. Our intellectual property
The service, and all software, design, text, graphics, trademarks and other material we provide, belong to AppEZ or our licensors and are protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the service in accordance with these terms. No other rights are granted, and all rights not expressly granted are reserved.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
8. Third-party services
The service integrates with third-party providers — app stores, sign-in providers, payment processors, mapping and messaging services and similar. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and their availability may change.
9. Fees
Where a service or plan is paid, the price, billing period and renewal terms are presented before you buy, and payment is processed by our payment processor. Unless the applicable offer says otherwise, subscriptions renew automatically until cancelled, cancellation takes effect at the end of the current billing period, and fees already paid are not refundable except where required by law. Fees exclude taxes, which are added where applicable. We may change prices on notice before the change applies to a renewal.
10. Preview and beta features
Features identified as preview, beta or early access are provided for evaluation, may be changed or withdrawn at any time, and are supplied without warranty or service commitment of any kind.
11. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, APPEZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DATA WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, APPEZ AND ITS MEMBERS, OFFICERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICE IN THAT PERIOD OR ONE HUNDRED US DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
13. Indemnification
You will indemnify and hold harmless AppEZ and its members, officers, employees and contractors from any claim, demand, loss or expense, including reasonable legal fees, arising out of your content, your use of the service, your breach of these terms, or your violation of any law or third-party right.
14. Suspension and termination
You may stop using the service and close your account at any time. We may suspend or terminate access, with notice where practicable, if you breach these terms, if your use creates a security, legal or operational risk, or if we discontinue the service. On termination, the rights granted to you end; sections 5, 7 and 11 through 16 survive. We will make your content available for export for a reasonable period after termination unless the law prevents it.
15. Governing law and disputes
These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Fulton County, Georgia, and you and AppEZ each consent to their jurisdiction. Before filing, you agree to contact us at legal@appezapps.com and attempt to resolve the dispute informally for thirty days. Nothing here prevents either party from seeking injunctive relief.
16. Changes to these terms
We may update these terms. When we do, we will change the effective date at the top of this page, and for material changes we will give notice in the application or by email before the change takes effect. Continuing to use the service after that date means the updated terms apply to you.
17. General
These terms, together with the Privacy Policy and any terms presented in a specific application, are the entire agreement between you and AppEZ regarding the service. If a provision is held unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
18. Contact
AppEZ, LLC
Atlanta, Georgia, United States
legal@appezapps.com