Appvox Terms of Service

  1. Your use of the Appvox web site and its services ("Service"), a facility owned and provided by IST Limited ("IST"), indicates that you agree to be bound by the following terms and conditions ("Terms of Service").

  2. General

    1. IST reserves the right to update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.appvox.com/s/legal.
    2. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.
    3. Violation of any of the terms below will result in the termination of your Account without notice.
    4. While IST prohibits certain conduct and Content on the Service, you understand and agree that IST cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

  3. Account Terms

    1. You must be of legal age to form a binding contract.
    2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to create an account to enable you to use the Service.
    3. You must ensure that all provided account information is current, accurate and complete and you are responsible for updating it in a timely manner as and when necessary.
    4. IST will hold this information at least as securely as it holds its own similar information and will make reasonable efforts to ensure that this information is not compromised or disclosed to unauthorised parties.
    5. You are responsible for maintaining the security of your account and password. IST cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
    6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
    7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  4. Payments and Refund Terms

    1. A valid credit card or Paypal account is required to make payment.
    2. Where a fee is charged for a Service payment must be made before that Service can be used.
    3. Fees paid for a Service are non-refundable.
    4. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties.
    5. IST will do whatever possible to get approval of your Application, and while there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Application is refused approval you may cancel your account, however there are no refunds under any circumstances.
    6. If the Application Store makes a charge for approving your Application, for storing your Application or for any other relevant reason then IST will inform you and will not commit to incurring such charge until you have paid the required amount to IST.
    7. Revenue received by IST from the Application Store for sale of the Application under the Application Store's Terms of Business, less any revenue due to IST for the level of Service, will be paid directly to the account specified when you set up your Service Account within 30 days of IST receiving such revenue, provided the payment due is more than the minimum amount as published on the Appvox site.

  5. Cancellation and Termination

    1. You are solely responsible for properly cancelling your account. Account cancellation requests must be submitted in writing to admin@appvox.com. Cancellations by phone or sent to any other email address will not be considered valid.
    2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
    3. IST, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other IST service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
    4. In particular, IST will initially suspend, and subsequently terminate, your account if you fail to make any required payment, such as for renewal of your use of the Service, in a timely manner.
    5. IST reserves the right to refuse access to the Service to anyone for any reason at any time.

  6. Modifications to the Service and Prices

    1. IST reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
    2. Prices of all parts of the Service, including but not limited to any monthly or annual subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the Appvox site, http://www.appvox.com/builder, or to the Service itself.
    3. IST shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
    4. From time to time, IST may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although IST will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

  7. Copyright and Content Ownership

    1. IST claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using Appvox to create your Application, you agree to allow others to view and share your Content.
    2. IST does not pre-screen Content, but IST has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
    3. The look and feel of the Service is copyright IST Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, visual design elements or other facilities used by the Service without express written permission from IST.
    4. By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.
    5. You warrant that your Application will conform to any applicable law, regulation or generally accepted guidelines in the relevant jurisdictions including any laws regarding the export of data or software to or from the United States or other relevant countries.
    6. You must not, in the use of the Service, produce an application that can have, or can produce, content that is libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise infringes or violates any law (including but not limited to copyright laws) or right of any third party. Furthermore the produced application shall not generate fraudulent impressions of any advertisement or web site nor attempt to fraudulently obtain any security information nor generate any "spam".
    7. You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Application.

  8. General Conditions

    1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
    2. Technical support is only available via email using the address: support@appvox.com.
    3. You understand that IST uses or may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
    4. You must not modify, adapt or hack the Service or modify any other website so as to falsely imply that it is associated with the Service or any other IST service.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by IST.
    6. IST may, but has no obligation to, remove Content and Accounts containing Content that IST determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
    7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any IST customer, employee, member, or officer will result in immediate account termination.
    8. You understand that the technical processing and transmission of the Service, including your Content but excluding your Account information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    9. By using the Service, you expressly consent to us building your Application on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.
    10. If your Application is built using the Service or published under the Appvox or IST brand, you agree that IST has the right to the following, with or without notice, at any time and for any reason:
      • Remove your Application from publication
      • Modify the description or other characteristics or features of your Application
      • Publicize your Application and your brand
    11. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
    12. You must not transmit any worms or viruses or any code of a destructive nature.
    13. IST make reasonable effort to ensure, but does not warrant, that:
      • The Service will meet your specific requirements
      • The Service will be uninterrupted, timely, secure, and error-free
      • The results that may be obtained from the use of the Service will be accurate and reliable
      • The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations
      • Any errors in the Service will be corrected
    14. You expressly understand and agree that IST shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IST has been advised of the possibility of such damages), resulting from:
      • The use or the inability to use the Service
      • The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
      • Unauthorized access to or alteration of your transmissions or data
      • Statements or conduct of any third party on the Service
      • Or any other matter relating to the Service.
    15. The failure of IST to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and IST and govern your use of the Service, superseding any prior agreements between you and IST (including, but not limited to, any prior versions of the Terms of Service).
    16. Questions about the Terms of Service should be sent to admin@appvox.com.

  9. Date of Last Update

    1. IST reserves the right to change these Terms and Conditions upon which you do business with IST. They were last updated on March 1, 2010.