PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPOCALYPSIS SOFTWARE AND THIS WEBSITE.  YOUR USE OF THE APPOCALYPSIS SOFTWARE AND THIS WEBSITE WILL INDICATE THAT YOU ACCEPT THESE TERMS.
Welcome to our Web application which is owned and operated by APPOCALYPSIS. If you use the APPOCALYPSIS Software or browse and use this Website, you are agreeing to comply with and be bound by the following Terms of Service, which together with our Privacy Policy govern APPOCALYPSIS’s relationship with you in relation to this Website. These Terms of Service create a binding agreement (the "Agreement") between you and APPOCALYPSIS regarding your use of APPOCALYPSIS services and associated software ("Services").

1. Registration

To create an account you must register your personal or company name, a user name, physical address, email address and credit card information (the "Registration Information") for the B2C (end-users directly) payable versions. Upon completion of registration, you assign a password to your account. You are responsible for maintaining the confidentiality and security of your Registration Information and for any and all activity that occurs under your account. You must notify APPOCALYPSIS immediately if an authorized third party accesses it or if there is any unauthorized use of your email address or if you become aware of any security breach.  You agree that any person notified of your username or password is authorized to act as your representative for the purpose of use (and / or transaction via) of this Website. Please note that you are entirely responsible if you do not preserve the confidentiality of your password.

2. Data, Information and Privacy

You agree that APPOCALYPSIS may collect, use, process and store information about you and your use of the Services, You acknowledge that APPOCALYPSIS acts only as a passive conduit of such information, and that APPOCALYPSIS will not monitor or disclose such information, except as needed to provide the Service or as otherwise required by law. In addition, information that you submit to APPOCALYPSIS in connection with the Services will be handled in accordance with our privacy statement located in Annex C of the main agreement. APPOCALYPSIS may use information collected by APPOCALYPSIS, including technical or diagnostic information, your suggestions or feedback, to maintain, improve and enhance the Services.

3. Use of APPOCALYPSIS Web Application


3.1  This Web Application and its content is copyright of APPOCALYPSIS. All rights reserved. This Website contains material which is owned by or licensed to APPOCALYPSIS. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Except as specifically permitted, no portion of this Website may be distributed or reproduced by any means, or in any form, without APPOCALYPSIS’s prior written permission. You do not acquire any ownership rights to any part of the Website. Any unauthorized use terminates the permission or license granted by APPOCALYPSIS, and you must immediately destroy any downloaded or printed materials.

3.2  Your use of any information or materials on this Website is entirely at your own risk, for which APPOCALYPSIS shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

3.3  Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence. APPOCALYPSIS reserves the right to prevent you from making use of this Web Site and from making any purchase.

4. Your Responsibilities as a APPOCALYPSIS User; License to Your Content


4.1 You are responsible for the content of all visual, written or audible communications, files, documents, videos, recordings, and any other material ("Content") used in connection with your account. APPOCALYPSIS will not be liable to you or any others for any loss or damages due to your use of the Services or of the website. You agree to indemnify, defend and hold harmless APPOCALYPSIS against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnities may incur (i) in connection with your use of the Website; (ii) resulting from content or information you supply (iii) your breach of any of these Terms of Service.

4.2 You agree not to upload, post, email, store, transmit, or otherwise make available or use Content that creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; is sexually explicit or pornographic; violates, or encourages any conduct that violates laws or regulations; contains any information or content APPOCALYPSIS deems to be hateful, violent, harmful, threatening, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, vulgar, obscene or otherwise objectionable by APPOCALYPSIS; contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights; contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or is fraudulent, false, misleading, or deceptive.

4.3  You agree not to engage in any of the following prohibited activities: Use, display, mirror or frame the Service, any individual element within the Service, the APPOCALYPSIS name, trademark, logo or other proprietary information, or the layout and design of any page, without APPOCALYPSIS’s explicit prior written consent; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by APPOCALYPSIS  or any other third party (including another user) to protect the Services or APPOCALYPSIS Content; Attempt to access or search the Services, user’s Content or APPOCALYPSIS content or scrape or download user’s content or APPOCALYPSIS content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by APPOCALYPSIS or other generally available third party web browsers; Access, tamper with, or use non-public areas of the Service, APPOCALYPSIS computer systems; Attempt to probe, scan, or test the vulnerability of any APPOCALYPSIS system or network or breach any security or authentication measures; upload, download, transmit, store, or otherwise make available any code or material that harms or interferes with any device, software, network or service; Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; Use APPOCALYPSIS’s user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 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; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Except for use of a "No Pin" instruction, use any meta tags or other hidden text or metadata utilizing a APPOCALYPSIS trademark, logo, URL, or product name without APPOCALYPSIS’s explicit prior written consent; Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by APPOCALYPSIS or in any manner not permitted by the Terms; Request, collect or store username, password, token or any other account authentication information from other users; Violate any applicable law or regulation (including but not limited to laws governing intellectual property rights, online conduct or online content); or encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.

4.4 You agree that you have all the rights, licenses, and permissions from third parties to use, reproduce, publish, and display Content belonging to others.


4.5 APPOCALYPSIS reserves the right, but is not obligated, to remove any Content for any reason or for no reason, including Content that APPOCALYPSIS believes violates these Terms of Service.

4.6 You may not remove, hide, disable display, create the Widget in a way that the Appocalypsis Credits are not visible to the end visitor of your website, unless you have a White Label Agreement.

5.    Software

You may (depending on your tariff and license model) be required to download and install APPOCALYPSIS software ("Software"). In that event, APPOCALYPSIS agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sublicensable license to use the Software in accordance to the terms of this Agreement. You may not use the Software for anything other than as intended by APPOCALYPSIS in connection with your use of the Services. You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by APPOCALYPSIS are hereby reserved. You agree not to take any action to interfere with APPOCALYPSIS ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute, or transmit the Software; (ii) to the extent permitted under applicable law redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation, or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software; (v) except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by APPOCALYPSIS  to access the Software; (vii) attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software; (viii) use the Software in any way that violates this Agreement, or any other agreements between you and APPOCALYPSIS, or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.

Technical Support

Technical support is provided to you by APPOCALYPSIS via email during regular business hours (i.e. Monday to Friday from 9AM CET to 6PM AEST) by sending your technical inquires to [email protected] or by visiting our Support Section. APPOCALYPIS shall respond to via email or via the Custom Support Page to your support request within a reasonable time-period and at a FIFO manner.

 

6.    Availability of the Service-Modifications & Changes

The Services may not be available during system maintenance which is normally scheduled for limited time each quarter and you will receive respective notification at least 5 days before system maintenance starting time. APPOCALYPSIS may make modifications to its features or any Services (including adding and deleting features) to comply with laws and regulations or to enhance or update the Services or the Software used to provide them. APPOCALYPSIS may also change its price list without prior notice. APPOCALYPSIS owns all the proprietary rights and interests in the Services and Services websites.

7. Suspension or Termination of the Services


7.1  You agree that APPOCALYPSIS may suspend or terminate your access to the Services without notice and liability for any reason if: (a) APPOCALYPSIS  determines that you have violated this Agreement or (b) APPOCALYPSIS is required to do so by any court or government authority in any country or (c) APPOCALYPSIS is required to do so to protect its interests.

7.2  APPOCALYPSIS may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. APPOCALYPSIS will issue a refund when appropriate.

7.3 You agree that APPOCALYPSIS has no obligation to monitor your use of the Services but has the right to do so to ensure your compliance with this Agreement, or to comply with any law, order, or requirement of any court or government authority in any country.

7.4 You are bound to comply with the following sections of this Agreement even after you are no longer using the Services: Sections 4,5,9 (as to amounts due and owing), 11 and 12.

8.    Beta Services (PLEASE NOTE MOST OF THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED)

APPOCALYPSIS may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) APPOCALYPSIS makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to APPOCALYPSIS questions and inquiries regarding your use of the Beta Services. You agree that APPOCALYPSIS has not made any promises or guarantees that Beta Services will be announced or made available in the future and that APPOCALYPSIS has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that APPOCALYPSIS may use and incorporate into APPOCALYPSIS products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to APPOCALYPSIS without compensation. APPOCALYPSIS may suspend or terminate access to Beta Services (and delete any Content or data provided to APPOCALYPSIS with respect to such Beta Service(s)) at any time, without notice and without compensation. Service uptime may not be guaranteed while on APPOCALYPSIS IS NOT BETA.

9.    Payment

You agree that APPOCALYPSIS may (if applicable as per your selected tariff plan) charge your credit card or bill you for all amounts due and owing for your use of the Services. APPOCALYPSIS reserves the right to claim interest at the highest rate permitted by law on any payment that is not received when due. You agree to notify APPOCALYPSIS in writing of any disputed fees within ten (10) days from the date that your account is charged. APPOCALYPSIS may suspend the Services for non-payment of undisputed fees. APPOCALYPSIS is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Services.

10.    No Warranties

Your use of any information or materials on this Website is entirely at your own risk, for which APPOCALYPSIS shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
To the maximum extent permitted by applicable law, you agree to use the Services at your own risk. You agree that APPOCALYPSIS and its suppliers, resellers, affiliates and Value Added Services Providers will not be responsible for any harm to any device, any loss of data, or any other harm that results from your use of the Services. APPOCALYPSIS does not guarantee that your use of the Services will be uninterrupted or error-free. To the maximum extent permitted by applicable law, the Services are provided "AS IS" and "AS AVAILABLE" for your use without warranties or conditions, either express, implied, or other. APPOCALYPSIS does not make any warranties of merchantability, fitness for particular purpose, satisfactory quality or non-infringement.

11.    Limitation of Liability

YOU AGREE THAT APPOCALYPSIS WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF APPOCALYPSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF APPOCALYPSIS AND ITS SUPPLIERS, RESELLERS, AFFILIATES AND VALUE ADDED SERVICES PROVIDERS TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO APPOCALYPSIS FOR THE SERVICES IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM.

12.    Other Legal Terms


12.1   APPOCALYPSIS may change these Terms of Service any time. If APPOCALYPSIS makes a change to the Terms of Service the revised terms will be sent via email to the customer email address stated on the first page of the main agreement (“AGREEMENT FOR THE APPOCALYPSIS SERVICE PROVISION”) at least 5 days before going into effect. You agree that your continued use of the Services after this these Terms of Service have been changed means that you have agreed to the changed terms.

12.2  Trade names, trademarks, service marks, logos, and domain names of each party are considered their respective "Marks." APPOCALYPSIS retains ownership of all proprietary rights in all its Marks and Marks associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any APPOCALYPSIS Marks, or other proprietary information (including images, text, page layout, or form) of APPOCALYPSIS without APPOCALYPSIS’s explicit prior written consent. You may not use any meta tags or any other "hidden text" utilizing APPOCALYPSIS Marks without APPOCALYPSIS’s explicit prior written consent. You shall retain ownership of all proprietary rights, copyright and any other rights you already hold in your Marks.

12.3 These Terms of Service, together with the Privacy Policy and any amendments and any additional agreements you may enter into with APPOCALYPSIS in connection with the Services, shall constitute the entire agreement regarding the Services and completely replace any prior agreements.

12.4 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any such attempted transfer or assignment in violation hereof shall be null and void. APPOCALYPSIS may assign or delegate its rights and obligations under these Terms of Service either in whole or in part, without your prior consent.

12.5  Neither party will be responsible for failure of performance due to causes beyond its control, like, for example, accidents of God, labor disputes, shortage of materials, acts of terrorism, or the stability or availability of the Internet or a portion of the Internet.

12.6 You agree that if APPOCALYPSIS fails to assert any legal right or remedy under these Terms, this will not be taken to be a formal waiver of APPOCALYPSIS’s rights and that those rights or remedies will still be available to APPOCALYPSIS.

12.7 If for any reason, a provision of this Agreement is held to be invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.8 These Terms of Service and your relationship with APPOCALYPSIS shall be governed by the laws of Greece without regard to its conflict of laws provisions and any related dispute shall be settled by the competent Courts of Athens – Greece.