Website Terms and Conditions

Last updated on August 12, 2021

    1. Terms of Use

    Welcome to the website of AppDirect, Inc. (“AppDirect”). This document (“Terms of Use”) describes the terms and conditions which apply to your access and use of our website, and all other ‘AppDirect’, ‘AppSmart’ or related branded websites, and the information they may contain (“our websites”).

    When you browse or otherwise use our websites, or any of their functions, you will be deemed to have accepted these Terms of Use and agreed to be bound by them. If you do not agree, please refrain from accessing or using our websites.

    In this document we use “AppDirect”, “us”, “we”, “our”, or other similar words, to refer to AppDirect Inc. and its affiliated companies, while the terms “you”, “your”, “yours”, and other similar words refer to the persons who access or use our websites.

    These Terms of Use relate to our websites as well as our communications and marketing activities. It should be read in conjunction with our Privacy Notice as well as all other applicable legal documentation made available in the AppDirect Legal Center.

        2. Content

      Unless where expressly stated otherwise, all content published, shown or made available on our websites, including text, images, logos, layout, graphics and other materials, software and information (the “Content”) is provided “as is” and “as available” for information purposes only. We may change the Content at any time and without any notice.

      As a condition of using our websites, you agree that you will not, under any circumstances, do any of the following, unless you obtain our prior written consent: (a) modify, manipulate, adapt, merge, alter, produce or create any derivative works or otherwise tamper with the Content or our websites, or attempt to do so; (b) access or attempt to access our systems or servers (including without limitation systems and servers on which our websites are hosted), or other user or administrative accounts that you are not authorized to access, or the access to which is not intended for the public; (c) duplicate, republish, distribute, archive or store the Content; or link to, frame, or otherwise make our websites or their Content available through or as part of any other website; (d) exploit the Content for commercial purposes (except as may be expressly permitted); (e) interfere or attempt to interfere in any manner whatsoever with the proper working of our website or with any activity or service on our websites; (f) submit, upload or transmit through our websites any material or information that violates any patent, trademark, service mark, trade secret, copyright or other proprietary or privacy rights of any party, or for which you do not own or have the necessary and appropriate rights; (g) post, display, offer, publish, disseminate or transmit through our websites any unauthorized messages, surveys, advertisements or contests, duplicative messages, spam, chain letters or pyramid schemes, or information, material or data that contains viruses, Trojan horses, spyware, adware, worms, or similar malicious code or software; (h) post, display, offer, publish, disseminate or transmit through our websites any obscene, indecent, profane, violent, hateful or otherwise unlawful or illegal material or information; (i) use our websites or their Content in a manner to threaten, abuse, assault, defame, harass or otherwise violate the rights of any entity or individual, including without limitation their rights of privacy; (j) access, gather, store, post, transmit, publish, distribute or disclose any personal data about other users of our websites, or otherwise access or attempt to access information, data or any content not intended for you or is not publicly available; (k) use or attempt to use our websites or their Content in any other manner that violates the law.

      Please note that we may investigate any violations of our systems, servers, networks, our websites’ security, and may involve and cooperate with law enforcement authorities in investigating such violations, and prosecute violators to the fullest extent of the law. Please note that we may, at all times and without notice, terminate, suspend or deny your access to our websites in our sole discretion.

          3. Intellectual Property

        The Content of our websites is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws in Canada, the United States and other countries, and may not be used or reproduced without our prior written consent. The names, logos, icons, slogans and taglines of AppDirect and of its products and services are trademarks and the exclusive property of AppDirect. Other products, company names and logos that may appear on our websites are trademarks of their respective owners. Any unauthorized use of any such protected Content is strictly prohibited.

        AppDirect™, AppSmart™, AppHelp™, and associated logos are trademarks, service marks or registered trademarks of AppDirect Inc., and we reserve all rights, titles and interest to and on them.

            5. Third party content

          Sometimes our websites may contain links to third party websites or content. We do not endorse, promote or agree with any of such third party website or its content. We provide such references for your convenience only. You acknowledge and agree that AppDirect shall not be held responsible for any information or content of websites controlled and/or operated by third parties. We do not make representations and give no warranties whatsoever with regard to the completeness, accuracy, content and the subject matter of any such website.

              6. Security.

            The security of information transmitted through the Internet can never be guaranteed. AppDirect is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You are responsible for maintaining the security of any identification, password or other form of authentication involved in obtaining access to password protected or secure areas of the websites. In order to protect users and their data, AppDirect may suspend their use of any account or the websites, without notice, pending an investigation, if any breach of security is suspected.

                7. Disclaimer of warranties

              AppDirect makes no warranties whatsoever with respect to the websites and the Content. You acknowledge that your use of the websites and Content is at your own risk. The websites and Content are provided solely on an “as-is” and “as-available” basis. AppDirect makes no warranties, express or implied, in fact or by operation of law, statutory or otherwise. AppDirect expressly disclaims any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and/or noninfringement. AppDirect disclaims any warranty that the operation of the websites and the Content shall be uninterrupted, free of viruses, worms, trojan horses or any other malicious code, error free or that it will function or operate in conjunction with any other product. AppDirect disclaims any warranty that the results obtained through the use of the websites and Content.

              Additionally, we do not represent that our websites or their Content are appropriate or available for use in any particular location. If you choose to access our websites, you do so on your own initiative and are responsible for compliance with all applicable laws.

                  8. Limitation of liability

                TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL APPDIRECT BE LIABLE FOR ANY DAMAGES SUFFERED BY USERS, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF APPDIRECT HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

                    9. Indemnification

                  You agree, at your own expense, to defend, indemnify, and hold AppDirect (including its affiliates and partners, and its and their respective directors, officers, employees and representatives, and their successors and assigns) harmless from and against any and all claims, liabilities, costs, damages and expenses, including without any limitation reasonable professional fees, arising from your violation of these Terms of Use, any proprietary rights or the law.

                      10. Updates to the Terms of Use

                    AppDirect reserves the right to change these Terms and Conditions in its sole discretion at any time. Any such changes to the Terms and Conditions will become effective immediately upon being posted on the websites. Your continued use of the websites shall constitute acceptance of such changed Terms and Conditions. The websites and Content may be modified, temporarily or permanently, by AppDirect at any time without notice.