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Terms of Service

These Terms of Service (the “Terms”) apply to the products and services of Apreesh Limited,(“Apreesh,” “we,” or “us”), including our websites, social media pages, software applications, and other online services (collectively, the “Services”).

Agreement to Terms

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them.

Service Use

Eligibility. You must be 16 years or older to use the Services. If you are under the age of majority where you live, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them. If you are a parent or legal guardian of a user under the age of majority where you live, you are subject to these Terms and responsible for your child’s activity on the Services.

Account Registration and Security. To use many of the Services, you must register for an account. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at support@apreesh.app of any unauthorised use of your account or any other breach of security. If you permit others to use your account, you are responsible for the activities of those users unless you prove that such use is fraudulent. You agree not to create an account if we have previously removed you or your account from any of the Services without our permission.

Subscriptions and Promotional Offers

This section provides terms related to the Services that are only available with a paid subscription 

  1. Recurring Subscriptions. If you purchase a recurring subscription to use Apreesh (“Recurring Subscriptions”), the subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until cancelled. You authorise Apreesh to automatically charge your designated payment method at the beginning of each subscription period for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless cancelled in accordance with section 4(c). If we are not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.

  2. Cancellation. You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being charged for the next subscription period. If you purchased your Recurring Subscription via apreesh.app, you can cancel on our website or directly through the app. If you purchased your Recurring Subscription through a third-party, like an app store, you must cancel the renewal directly with that third-party. Contact us by email at support@apreesh.app if you need assistance with cancelling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you have already paid, but, subject to these Terms, you will continue to receive access to Apreesh until the end of your current subscription period.

  3. Changes. We may make changes to your Recurring Subscription, including price changes. We will communicate material changes to your Recurring Subscription, including any changes to the price, at least 30 days in advance to the email address associated with your account. If you do not agree to those changes, you can cancel your subscription as described in section 4(c). We will not make price changes that become effective during the middle of a Recurring Subscription period.

  4. Promotional Offers Converting to Recurring Subscriptions. You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enrol in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to Apreesh or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to Apreesh and allowed your subscription to expire before the date stated in the Offer Terms. Apreesh reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed through apreesh.app by any advertised expiration date.
    You must provide a valid payment method accepted by us to enrol in a Promotional Offer unless otherwise stated in the Offer Terms. Once your promotional period ends, you authorise Apreesh to begin billing your designated payment method on a recurring basis at the then-current price for the relevant subscription plus any applicable taxes unless it is cancelled in accordance with section 4(c) at least 24 hours prior to the end of the promotional period.

Other Payments Terms

  1. Payment Method. If you purchase a subscription, gift card, or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by us. You authorise Apreesh to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on Apreesh until accepted and confirmed by Apreesh. We may update your stored payment method using information provided by our payment service providers. Following any update, you authorise us to continue to charge the applicable payment method(s). You are responsible for any additional charges that your payment method provider charges.

  2. Cancellations and Disputes. If you have any concerns regarding any transactions through the Services, we encourage you to raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. Apreesh reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.

Services and User Content Rights

  1. Apreesh Services Ownership. Subject to the limited licence rights granted under these Terms, Apreesh and its licensors exclusively own all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the U.S. and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

  2. Limited Licence Granted by Apreesh. Subject to your compliance with these Terms, Apreesh grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services solely for your personal, non-commercial purposes (unless Apreesh has granted you written permission to do otherwise, for example on a trial or test basis). Further, Apreesh grants you a limited non-exclusive, non-transferable, and non-sublicensable licence to download and install a copy of any mobile app we distribute through an App Store on a mobile device that you own or control. Any use of the Services other than as specifically authorised herein, without our prior written permission, is strictly prohibited, will terminate the licence granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorise us to automatically install updates to any of our mobile apps following appropriate notice of such updates.

  3. User Content Ownership. Except for the licence you grant below, Apreesh does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tags a Apreesh account or that uses a hashtag incorporating a Apreesh trademark (collectively, “User Content”). Your User Content may be protected by intellectual property rights. User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and Apreesh.

  4. Licence You Grant to Apreesh. By making any User Content available to Apreesh, you hereby grant to Apreesh a non-exclusive, transferable, sublicensable, worldwide, royalty-free, licence to use, store, publish, translate, reproduce, adapt, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content and any name, username, or likeness provided in connection with your User Content in all media formats and channels now known or later developed in connection with operating, marketing, and providing the Services without compensation to you, and to the extent permitted by applicable laws, you hereby waive all moral or special rights in this regard. This licence lasts for as long as your content is protected by intellectual property rights. When you post or otherwise share User Content on or through the Services, you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.


 

Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third-parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content. Your use of or access to any Third-Party Content is solely a relationship between you and the applicable third party, and is subject to the terms and conditions of, or your agreement with, such third party.

Prohibitions on User Content and Conduct

You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:

  1. Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described above; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or (xii) in our reasonable judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Apreesh or others to any harm or liability of any type;

  2. Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, Apreesh’s name, any Apreesh trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from Apreesh or its licensors;

  3. Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;

  4. Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

  5. Develop or use any applications that interact with the Services without our prior written consent;

  6. Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Apreesh or any of Apreesh’s providers or any other third-party (including another user) to protect the Services;

  7. Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by Apreesh or as permitted by our robot.txt file;

  8. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services (except to the extent such prohibition is not permitted under applicable law), or do anything that might discover source code;

  9. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  10. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  11. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

  12. Use or attempt to use another user’s account without authorization from that user and Apreesh; or

  13. Encourage or enable any other individual to do any of the foregoing.

If we reasonably believe any User Content is in breach of these Terms, we may remove or refuse to display such content. Where possible, we will attempt to notify you of the reason for our action in writing (email suffices) unless we reasonably believe that notice would: (i) violate the law; (ii) pose a risk of liability for us or our affiliates; (iii) hinder an investigation; (iv) pose a risk to the operation of the Services; or (v) harm any user or other party. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. In addition, this section does not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any User Content that is prohibited by such rules.

Termination or Suspension

We may suspend or terminate your access to the Services if you materially or repeatedly breach these Terms, we are required to do so by law or court order, or we reasonably believe your conduct creates possible liability or risk of harm to us or any other party that we could not reasonably avoid without such suspension or termination. We may also suspend your account for a period of up to 90 days while we investigate if any of these conditions are present. We will provide you with written notice (email suffices) upon any suspension or termination, unless prevented from doing so by law. During any such suspension or termination, we will not continue to charge you for the Services.

Please note that we may terminate your Apreesh Business subscription if you are no longer eligible for a Apreesh Business subscription based on the terms of our agreement with your organisation. We may terminate your Apreesh subscription if your Apreesh subscription was obtained through a third-party promotion and you no longer meet the eligibility requirements for that offer. We will provide you with written notice (email suffices) upon any such cancellation.

You may cancel your account at any time by sending an email to us at support@apreesh.app, although you will still have to cancel any active subscriptions as stated above.

Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Changes to Terms

We may make changes to these Terms from time to time, for reasons including but not limited to legal or regulatory compliance, security, to reflect changes in the Services or how we do business, or to help prevent harm to us or others. We will provide reasonable advance notice of any material changes except for updates that address new Service features or in urgent situations, such as for compliance or safety reasons. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.

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