Terms of service

By using the appygram.com web site (“Service”), or any service of Appygram, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Appygram reserves the right to update and change the Terms of Service from time to time without notice. 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. 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.appygram.com/terms/

Violation of any of the terms below will result in the termination of your Account. While Appygram prohibits such conduct and Content on the Service, you understand and agree that Appygram 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.

Terms of Account ownership

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide a valid email address, and any other information requested in order to complete the signup process.
  • Your login, and any user login, may only be used by one person. A single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Appygram cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • 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 or trademark laws).
  • Appygram provides paid accounts. Any account may be terminated at any time at the sole discretion of Appygram. Possible reasons for termination include, but are not limited to, distribution of unsolicited email or other messages (spam); distribution of worms, viruses or any code of destructive nature; use of unlicensed copywrited materials; lack of use, or excessive load due to file distribution.

Modifications to the Service and Prices

  • Appygram 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.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Appygram Site (appygram.com) or the Service itself.
  • Appygram shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Payment, Refunds, Upgrading and Downgrading Terms

  • Appygram offers a free 30 day trial of a paid subscription. You will be charged 30 days after starting your trial. You will not be billed if you cancel before this first charge. After the free trial, you will be billed on your anniversary date each month.
  • All subscription 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, excluding only United States (federal or state) taxes.
  • For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades, a pro-rated fee for the current billing cycle may be immediately charged.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Appygram does not accept any liability for such loss.

Cancellation and Termination

  • You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on your name in the global navigation bar at the top of the screen to access your account settings. The My Plan screen provides a simple no questions asked cancellation link.
  • All of your Content, settings, and API keys will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • Appygram, in 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 Appygram 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. Appygram reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

  • We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  • By uploading or otherwise providing Content to Appygram.com, You grant to Appygram a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content on Appygram.com in connection Appygram's provision of the Services to such persons as you may authorize.
  • You hereby represent and warrant that you have all intellectual property and other rights necessary concerning any Content posted by You on Appygram.com
  • Appygram does not pre-screen Content, but Appygram and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  • You understand and agree that Appygram cannot be responsible for the Content posted on the Service and you may be exposed to objectionable materials. You agree to use the Service at your own risk.
  • By submitting comments, feedback, bug reports, product suggestions to Appygram you acknowledge and agree that Appygram is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.

General Conditions

  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  • Technical support is only provided to paying account holders and is only available via email. Pro users can receive telephone support. E-mail pro@appygram.com to inquire.
  • By using Appygram your company accepts public disclosure of it's integration with Appygram, via Appygram's marketing activities. If you want to opt out please contact our marketing team at marketing@appygram.com.
  • You understand that Appygram uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Appygram, or any other Appygram service.
  • 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 Appygram.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Appygram customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Appygram) of other Appygram customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.
  • Appygram does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that Appygram 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 Appygram has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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; (iii) unauthorized access to or alteration of User's transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of Appygram 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 User and Appygram and govern User's use of the Service, superceding any prior agreements between you and Appygram (including, but not limited to, any prior versions of the Terms of Service).
  • You agree to indemnify, hold harmless, and defend Appygram and Solertium Corporation, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney’s fees (“Claims”) resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who uses your account. Appygram and Solertium Corporation do NOT indemnify you against such Claims made against you by others as a result of your use of the Services.
  • You expressly agrees that Appygram and Solertium Corporation shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or software, or any other matter relating to the Services. You agree that Appygram and Solertium Corporation's liability for all causes of actions relating to these Terms and any matters relating to Appygram's delivery of, or your use of the Services shall not exceed the monies paid to Appygram in the 12 months preceding the proper service of the cause of action.
  • You agree that if any term in this Agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
  • Questions about these Terms of Service should be sent to support@appygram.com

Last updated 24 July 2012.