Terms of Use and End User License Agreement
Last Updated: November 2024
I. INTRODUCTION
This Terms of Use and End User License Agreement (collectively, the “Agreement”) is a legally binding contract between you as an individual (“you,” “your,” or “user”) and Appylo Inc. (“we,” “us,” or “our”), governing your access to and use of Appylo's mobile applications and websites (collectively, the “Services”), as well as any related documentation and updates.
Please read this Agreement carefully. By downloading, installing, accessing, or using our apps or websites, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept these terms, you must not download, install, or use our Services. If you have already downloaded or installed any part of our Services, you must discontinue use and remove it from your devices.
II. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our discretion, to modify or update this Agreement at any time. When changes are made, we will update the “Last Updated” date at the top of the Agreement. It is your responsibility to periodically review this Agreement to stay informed about any modifications. By continuing to use the Services after any modifications have been posted, you agree to the revised terms. If you do not agree to the changes, you must stop using the Services.
III. ELIGIBILITY TO USE THE SERVICES
To download, install, or use the Services, you must have reached the legal age of majority in your jurisdiction (typically 18 years of age or older). Minors under the age of 18 may only use the Services under the supervision of a parent or guardian who agrees to be bound by this Agreement on behalf of the minor. Users under the age of 13 are strictly prohibited from using the Services.
By using our Services, you affirm that you meet these eligibility requirements and that you will use the Services in compliance with all applicable laws.
IV. LICENSE AND GENERAL USE TERMS
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes. You may not use the Services for any unlawful or unauthorized purposes.
Appylo reserves all rights not expressly granted in this Agreement. Any use of the Services beyond what is specifically permitted under this Agreement requires prior written permission from us.
V. PRIVACY POLICY
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By accessing and using our Services, you agree to the terms of our Privacy Policy. If you do not agree with the Privacy Policy, you must immediately cease use of the Services. Our Privacy Policy may be updated periodically, and we encourage you to review it regularly.
To access our Privacy Policy, please click here.
VI. USER CONTENT AND INTELLECTUAL PROPERTY RIGHTS
A. Intellectual Property Rights Related to the Services
All content, including but not limited to the source code, design, text, graphics, logos, and trademarks contained within our Services, is the property of Appylo Inc. and is protected by copyright, trademark, and other intellectual property laws. No part of the Services may be reproduced, distributed, or transmitted in any form or by any means, without the prior written permission of Appylo Inc., except as permitted by law.
You may use the Services only for their intended purpose and agree not to alter, distribute, or create derivative works of any materials or content contained within the Services.
B. User Content
In this Agreement, "User Content" refers to any photos, images, text, data, or other materials that you upload, submit, or otherwise make available through the Services. By uploading User Content, you grant Appylo a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free license to use, modify, adapt, publicly display, reproduce, and distribute such content for the purpose of operating, promoting, and improving the Services.
You confirm that you own all necessary rights to your User Content or have obtained the proper permissions. You agree not to upload content that violates the intellectual property rights or privacy of others. Appylo reserves the right to remove User Content at its discretion.
VII. PROHIBITED USES
You agree not to use the Services in any way that:
Is illegal, unlawful, or unauthorized;
Is defamatory, abusive, harassing, or invasive of privacy;
Infringes on intellectual property rights;
Contains malicious code, viruses, or other harmful software;
Engages in fraudulent, misleading, or deceptive practices;
Promotes violence, hate, or discrimination;
Violates any terms of this Agreement.
Users are also prohibited from reverse engineering, decompiling, or disassembling the Services, circumventing security measures, or accessing areas of the Services not made available to the public.
VIII. AVAILABILITY, SECURITY, AND ACCURACY
While we strive to maintain reliable and consistent service, we do not guarantee that the Services will be available at all times or without interruption. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time.
Appylo cannot guarantee that the Services will be compatible with all devices and operating systems. Use of the Services may require a compatible device and internet access, which may incur charges from your service provider.
IX. FEES AND SUBSCRIPTIONS
Our Services may offer both free and premium options. Access to certain features may require a paid subscription or In-App Purchases. Subscription prices and terms are provided within the app or website and are subject to change. By purchasing a subscription, you authorize us to charge the applicable fees to your designated payment method.
Subscriptions will automatically renew unless canceled at least 24 hours before the end of the current period. You can manage your subscription through your account settings. Removing the app from your device does not cancel an active subscription.
X. THIRD-PARTY LINKS AND RESOURCES
The Services may contain links to third-party websites or resources, which are provided solely for your convenience. Appylo is not responsible for the content or functionality of third-party sites and does not endorse or make any representations regarding them.
If you access third-party sites, you do so at your own risk, and your interactions with these sites are governed by their own terms of service and privacy policies.
XI. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. APPYLO PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
APPYLO MAKES NO GUARANTEE THAT THE SERVICES WILL BE FREE FROM ERRORS, UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY DATA YOU UPLOAD TO THE SERVICES MAY NOT BE SECURE.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL APPYLO, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
XIII. LEGAL COMPLIANCE
You agree not to use the Services in any country or jurisdiction where such use is restricted or prohibited by local law. You also represent that you are not on any U.S. Government list of prohibited or restricted parties.
XIV. THIRD-PARTY BENEFICIARIES
You acknowledge that Apple Inc. and its subsidiaries, or any relevant app distribution platform, are third-party beneficiaries of this Agreement. By accepting these terms, you grant Apple and any relevant app platform the right to enforce this Agreement as a third-party beneficiary.
XV. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement is governed by and will be interpreted according to the laws of Delaware, USA, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts in Delaware for any dispute arising out of or related to this Agreement.
In case of any legal action, you expressly agree to waive any right to a jury trial or to participate in a class action lawsuit.
XVI. TERMINATION
We reserve the right to terminate this Agreement and your access to the Services at any time for any reason, including any breach of this Agreement. Upon termination, your rights to use the Services will cease, and you must delete any copies of the app or related content in your possession.
XVII. SEVERABILITY
If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be modified to reflect the parties’ intention or, if modification is impossible, removed, without affecting the validity and enforceability of the remaining provisions.
XVIII. CONTACT INFORMATION
If you have questions, concerns, or feedback regarding this Agreement or our Services, please contact us via our support form or send an email to hello@appylo.co