Your use of the appfleet service is governed by this agreement (the “Terms”). “appfleet” means Prospect One, located at Karmelicka 5/5, Krakow, 31-133, Poland, and its subsidiaries or affiliates involved in providing the appfleet Service. The “appfleet Services” means the services appfleet makes available through this website, including this website, the appfleet cloud computing service, the appfleet API, the appfleet Add-ons and any other software or services offered by appfleet in connection to any of those.
In order to use the appfleet Services, you must first agree to the Terms. You can agree to the Terms by actually using the appfleet Services. You understand and agree that appfleet will treat your use of the appfleet Services as acceptance of the Terms from that point onwards.
You may not use the appfleet Services if you are a person barred from receiving the appfleet Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the appfleet Services. You affirm that you are over the age of 13, as the appfleet Services are not intended for children under 13.
You agree your purchases of appfleet Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by appfleet or any of its affiliates regarding future functionality or features.
Your Account and Use of the appfleet Services
You must provide accurate and complete registration information any time you register to use the appfleet Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify appfleet immediately.
Your use of the appfleet Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
You agree not to (a) access (or attempt to access) the administrative interface of the appfleet Services by any means other than through the interface that is provided by appfleet in connection with the appfleet Services, unless you have been specifically allowed to do so in a separate agreement with appfleet, or (b) engage in any activity that interferes with or disrupts the appfleet Services (or the servers and networks which are connected to the Service).
Your account has “hard” and “soft” usage limits, as further explained in the appfleet Acceptable Use Policy. The appfleet Services does not permit you to exceed the hard usage limits. appfleet reserves the right to enforce soft usage limits in its sole discretion, which may result in appfleet serving a “quota exceeded” page to you or users to whom you serve web pages via the appfleet Services (“End Users”). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
You may use the appfleet Services only to develop and run applications on the appfleet infrastructure. You may not access the appfleet Services for the purpose of bringing an intellectual property infringement claim against appfleet or for the purpose of creating a product or service competitive with the appfleet Services.
Service Policies and Privacy
You agree to comply with the appfleet Acceptable Use Policy (the “Acceptable Use Policy”) which is incorporated herein by this reference and which may be updated from time to time.
The appfleet Services shall be subject to the privacy policy for the appfleet Services available at privacy policy. You agree to the use of your data in accordance with appfleet’s privacy policies.
You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to appfleet.
Fees for Use of the appfleet Services
Subject to the Terms, the appfleet Services is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at
https://appfleet.com/pricing (or such URL as appfleet may provide).
For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in appfleet fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees appfleet incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on appfleet’s measurements of your use of the appfleet Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of appfleet and only in the form of credit for the appfleet Services. Nothing in these Terms obligates appfleet to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to appfleet may be shared by appfleet with companies who work on appfleet’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to appfleet and servicing your account. appfleet may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. appfleet shall not be liable for any use or disclosure of such information by such third parties. appfleet reserves the right to discontinue the provision of the appfleet Services to you for any late payments.
appfleet may change its fees and payment policies for the appfleet Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL appfleet may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
You may not develop multiple Applications to simulate or act as a single Application or otherwise access the appfleet Services in a manner intended to avoid incurring fees.
Content on the appfleet Services and Take Down Obligations
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the appfleet Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” The term Content shall specifically exclude the web application that you create using the appfleet Services and any source code written by you to be used with the appfleet Services (collectively, “Applications”).
appfleet reserves the right (but shall have no obligation) to remove any or all Content from the appfleet Services. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take down request from appfleet. In the event that you elect not to comply with a request from appfleet to take down certain Content, appfleet reserves the right to directly take down such Content or to disable Applications.
In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user’s account on your Application. appfleet reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
You agree that you are solely responsible for (and that appfleet has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the appfleet Services and for the consequences of your actions (including any loss or damage which appfleet may suffer) by doing so.
You agree that appfleet has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Applications and any Content.
Proprietary Rights
You acknowledge and agree that appfleet (or appfleet’s licensors) own all legal right, title and interest in and to the appfleet Services, including any intellectual property rights which subsist in the appfleet Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section 8, appfleet acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the appfleet Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with appfleet, you agree that you are responsible for protecting and enforcing those rights and that appfleet has no obligation to do so on your behalf.
License from appfleet and Restrictions
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the appfleet Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by appfleet, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the appfleet Services or any applications running on the appfleet Services.
Open source software licenses for components of the appfleet Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with appfleet for the use of the components of the appfleet Services released under an open source license.
License from You
appfleet claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the appfleet Services you give appfleet a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling appfleet to provide you with the appfleet Services. Furthermore, by creating an Application through use of the appfleet Services, you give appfleet a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling appfleet to provide you with the appfleet Services.
By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant appfleet Services functionality or features for the sole purpose of collaborating on development of the Application(s).
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