Effective Date: July 28, 2019 (revised)
Below are the terms upon which Appdome Inc. and its affiliates (together, “Appdome,” “us,” “our” or “we”) provide users (each a “User,” “you” and “your”) our Service (as defined below).
Please review these terms carefully.
THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK THE “ACCEPT” BUTTON (OR OTHERWISE SIGNIFY YOUR ACCEPTANCE HEREOF THROUGH ANY SIMILAR BUTTON, CHECK BOX OR LINK OR OTHER METHOD AS MAY BE DESIGNATED BY APPDOME FOR SUCH PURPOSE). YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (II) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH APPDOME; AND (III) YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY THAT YOU REPRESENT (“ENTERPRISE”), AND TO BIND THAT ENTERPRISE TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL THAT USES OR THE ENTERPRISE ON WHOSE BEHALF THE INDIVIDUAL USES THE SERVICE, AS APPLICABLE.
ACCEPTING THE TERMS OF THIS AGREEMENT IS A REQUIRED CONDITION TO PROCEEDING WITH ANY USE OF THE SERVICE (AS DEFINED BELOW), OR DOWNLOAD OR INSTALLATION OF ANY PART OF THE SERVICE OR PRODUCTS PROVIDED BY OR THROUGH US. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND THE APPLICABLE ENTERPRISE, CLICK THE “DO NOT ACCEPT” BUTTON OR DO NOT ACCESS OR USE OUR SERVICE.
We are excited to provide our Service to you! Our Service provides you the ability to instantly add a wide range of Mobile Services and Features (as defined below) to Android and iOS mobile apps, all without code or coding.
2. Using Our Service
Our Service is made available to a wide range of eligible Users, including mobile developers; mobility, IT, security and development professionals; mobile app owners, including independent software vendors, mobile app developers and publishers, and mobile application development shops that build work-for-hire apps for others (together, “ISVs”); and mobile solution, software development kit (SDK) and API vendors (together, “MSVs”).
3. Creating an Account
To take full advantage of the features and capabilities of our Service, you must create an account with us. Until you create an account, your access to our Service will be limited to what is made generally available to the public. When you create your account, you agree to provide us with account information that is accurate and current at all times.
When you create an account, you will create, and we will provide you with, unique credentials (a “User ID”) for our Service. Please use the User ID we provide you to access our Service. We may verify your identity, the enterprise you represent, or that you are a human being through one or more means, including sending you an email verification and/or asking you to provide a telephone number to which we will send a verification code for you to enter on our Service.
You are responsible for any activity that occurs on your account. No other person is authorized to use the User ID we assign to you to access our Service. You are responsible for preventing unauthorized use of the User ID we assign to you. Please protect your User ID. Notify our Support Team immediately if you become aware that your User ID is being used by someone other than you.
4. How Our Services Work
Appdome’s “Service” consists of its no-code mobile integration and solution platform located at fusion.appdome.com(the “Platform”), its website located at www.appdome.com (including any and all associated sites and pages, the “Sites”), Fusion Adapters, Fusion, Fused Mobile Apps, Dev Tools and Premium Support Apps (each as defined below).
When you use our Service, the licenses we provide you may include one or more of four (4) parts:
- The Appdome Platform. The Platform provides you with a stateful, cloud-based workspace to create mobile apps that integrate Mobile Services and Features. Using the Platform, you can upload mobile applications (individually a “Mobile App” and collectively “Mobile Apps”); select, configure and/or automatically integrate (“Fuse”) Mobile Services and Features to Mobile Apps; and sign and deploy those Fused Mobile Apps (as defined below) through private and public app stores. The primary purpose of the Platform is to enable you to use our proprietary Fusion (as defined below) to add implementations of a growing range of mobile services, mobile solutions, mobile SDKs, mobile APIs, features and other tool sets created by us or by 3rd parties (such implementations, “Mobile Services and Features” or “Mobile Services or Features”) into Mobile Apps without code or coding. Our Platform is unique, distinctive and owned exclusively by us and our licensors. Subject to the terms hereof, we license your access to and use of our Platform and the Mobile Services and Features on the Platform to you as part of our Service.
- Appdome’s Fusion Technology. We use artificial intelligence and a proprietary, no-code, mobile integration framework (together, “Fusion”) to add sets of dynamically created software code (each, a “Fusion Adapter”) to Mobile Apps based on the Mobile Services and Features you select on our Platform. Fusion, and each Fusion Adapter, is unique, distinctive and owned exclusively by us and our licensors. Subject to the terms hereof, we license your access to and use of Fusion and each Fusion Adapter in your Mobile Apps as part of our Service.
- Fused Mobile Apps. Each Mobile App that is Fused with Mobile Services and Features (a “Fused Mobile App”) contains one or more Fusion Adapters that (i) enables Mobile Services and Features in the app, (ii) connects or makes the Mobile App compatible with services enabled by those Mobile Services and Features, and/or (iii) manages the interactions between the Mobile App and the Mobile Services and Features. Each Fused Mobile App is a distinctive implementation created by us and generated from the selections you make on the Platform. Subject to the terms hereof, we license your use of each Fused Mobile App as part of our Service.
- Developer Tools. As a no-code mobile application framework, Appdome provides several developer options to use in connection with our Service, including but not limited to continuous integration and continuous delivery (CI/CD) APIs, dev-event frameworks, advanced developer options, debugging tools, scripts and other services (collectively “Dev Tools”). Appdome also creates several mobile applications (collectively, “Premium Support Apps”) used to support and diagnose networking, configuration, authentication, coding, policy and other variances found in Mobile App environments. You acknowledge and agree that such Dev Tools and Premium Support Apps are provided to you for the sole purpose of helping to ensure successful deployment of Fused Mobile Apps (and no other purpose). Dev Tools and Premium Support Apps are unique, distinctive and owned exclusively by us and our licensors. Subject to the terms hereof, we license your access to and use of each as part of our Service.
- We Offer a Subscription-Based Model. Our Service is provided to you on a term-based, subscription basis. Your subscription is unique to you, your Mobile Apps and your activities on the Platform. You are solely responsible for any fees associated with your subscription.
- User Accounts. We offer multiple account types for users to use the Service. The current description of our user account types is available on our Site. We may privately offer different account types from time to time, on a promotional, permanent and/or individual basis. Depending on the account type you choose, some parts or all of your subscription may be free or may be fee-based and may be designed to accommodate specific or multiple use cases, administrators, features, and/or Mobile Services and Features and/or a specified number of mobile apps and/or mobile app end users (“End Users”). You are solely responsible for selecting the account type and services that meet your mobile integration needs. We assume no responsibility for the choices you make using our Service.
- Partner Accounts. If you are one of our commercial partners (“Partner”), including an ISV, MSV or channel Partner, your use of the Service may require a charge for using our Service, building Fused Mobile Apps, publishing, testing and/or maintaining a Mobile App or Mobile Services and Features on our Service. Other rights and responsibilities between you and us may be set forth in an agreement between you and us.
- Service Level Agreements. We will make our Service available to you in accordance with any Service Level Agreement (“SLA”) associated with the account you choose, as such SLA is published on our Site from time to time, unless you and we have agreed to a different SLA in a separate agreement between you and us. Please consider the SLA in making your account type decisions. We may update the SLA for your account type from time to time.
- User and Usage Limitations. Certain of our subscriptions may include usage-, user-, device-, audience-, service-, feature- and/or instance-based and/or other limitations. It is your responsibility to monitor and manage use of our Service, including use of Fused Mobile Apps, to comply with the terms of your license to use our Service. As part of our Service, we provide you dashboard functionality that assists you in monitoring the use of your Fused Mobile Apps. Any error in our dashboard functionality (e.g., displaying less than the actual use) does not relieve you of your responsibility to pay for your actual use. If you exceed any subscription or contractual limit, we may work with you to reduce your usage so that it conforms to the applicable limit. Unless we otherwise agree in writing, you agree to pay any amounts for such excess usage promptly upon presentation of an invoice for such amounts. Under no circumstance will we disable or suspend your access to the Service for such excess usage without first notifying you and giving you ten (10) calendar days to cure the excess, either by reducing activity with respect to the Service or through payment of additional fees.
- Additional User Fees for ISV and MSV Offerings. Some of the Mobile Apps and Mobile Services or Features made accessible by our ISV Partners and MSV Partners on our Service may require additional fees to implement, Fuse or use. For example, an MSV Partner may make its SDK available through Mobile Services or Features and charge a fee based on your access to such Mobile Services or Features or the use of such Mobile Services or Features by your End Users. Likewise, an ISV Partner may charge a fee to Users that wish to Fuse the ISV Partner’s Mobile App with one or more Mobile Services or Features on our Service. In some cases, we may provide payment options directly on our Service, or we may ask that you contact us or the specific ISV or MSV Partner for contracting options. You are solely responsible for paying any fees charged by an ISV or MSV Partner for the selected Mobile Apps or Mobile Services or Features before using them.
6. Permitted Use
Our Service and the information and content available on the Service, excluding your and other Users’ User Content as defined in Section 10(a) (collectively, the “Appdome Properties”), are protected by copyright laws throughout the world. Subject to the terms and conditions in this Agreement, Appdome grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service to store and retrieve Mobile App files and binaries and mobile integration work in process as permitted by your account, and create as many Fused Mobile Apps as your account allows (“Permitted Purposes”). During the term of your subscription, you will have access to and may use our Service, including the Platform, Mobile Services and Features, Fusion and Fused Mobile Apps, all as a non-exclusive, term-based licensee in any way within the limits of your license.
7. Licenses Granted
- License to Use the Service. Subject to the terms and conditions described in this Agreement, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for the Permitted Purposes during the term of your subscription.
- Licenses to Use Fused Mobile Apps and Fusion Adapters. Each time you Fuse a Mobile App with Mobile Services or Features, you are using our proprietary Fusion technology and generating an Fusion Adapter for use with your Mobile App. Subject to your compliance with the terms of this Agreement, including the payment of any applicable fees, we grant you a non-exclusive, non-transferable, freely revocable, right and license for the term of your subscription to use each Fusion Adapter, including using our Fusion technology to Fuse your Mobile Apps, to incorporate the Fusion Adapter in your Fused Mobile App, to reproduce the Fusion Adapter as incorporated in the Fused Mobile App, to display Fused Mobile Apps, to deploy Fused Mobile Apps, and otherwise to perform the actions necessary to Fusing and making use of your Mobile Apps with other services through our Service, all as permitted by your account. The foregoing license includes the license and right of your End Users to download, install and use copies of Fused Mobile Apps, including the Fusion Adapter, on their devices, as permitted by your account during the term of your subscription.
- Additional Licenses from ISVs and MSVs to You. On our Service, you may be authorized or allowed to access Mobile Apps made accessible by ISV Partners or Mobile Services and Features made accessible by MSV Partners via our Workbench or Library or other means. You agree and acknowledge that the Mobile Apps made available through our Service are the exclusive property of the ISV providing them. Use of such Mobile Apps is governed by the license agreements provided by the ISV. Notwithstanding that, and subject to your compliance with the terms of this Agreement, including the payment of any applicable fees, (1) our ISV Partners grant you a non-exclusive, non-transferable, right and license for the term of your subscription to Fuse their Mobile Apps with Mobile Services and Features, to display such Fused Mobile Apps, to deploy such Fused Mobile Apps, and to otherwise perform the actions necessary to Fusing and making use of their Mobile Apps as Fused with other services, and (2) our MSV Partners grant you a non-exclusive, non-transferable, right and license for the term of your subscription to Fuse Mobile Apps with Mobile Services and Features such MSV Partners make accessible on our Service, to display such Fused Mobile Apps, to deploy such Fused Mobile Apps, and to otherwise perform the actions necessary to Fusing and making use of such Mobile Services and Features as Fused with Mobile Apps. The foregoing license includes the license and right of your End Users to download, install and use such Fused Mobile Apps on their devices during the term of your subscription.
- Additional Licenses from You to Us. On our Service, you may upload Mobile Apps created by you and, provided you comply with the other provisions of this Agreement, including Section 9, Mobile Apps created by others (together, “Your Mobile Apps”). When you upload Your Mobile Apps to our Service, you grant us a worldwide, non-exclusive, royalty-free, right and license to save, copy, host, use and display Your Mobile Apps on our Service, and (i) in the case of testing our Service, to display, perform and use Your Mobile Apps in combination with Mobile Services and Features made available on our Service; (ii) in the case of Fusing Your Mobile Apps with Mobile Services and Features selected by you or others on your behalf on our Service, to create derivative works on our Service; and (iii) so that you and your End Users can use Fused Mobile Apps, to display and distribute your unique User Content that forms a part of the Fused Mobile Apps; in all cases, as directed by you and as reasonably necessary for us to provide the Service to you. By uploading Your Mobile App to our Service, you are consenting to use of Your Mobile App on the Service.
- Reservation of Rights. Subject to the limited licenses granted herein, neither you nor we acquire any right, title or interest from anyone in or to any intellectual property of the other. All right, title, and interest in and to the Appdome Properties, including each element thereof, is and will remain the exclusive property of Appdome and our licensors. All right, title, and interest in and to Your Mobile Apps and your User Content is and will remain your exclusive property. We reserve all rights not expressly granted herein.
8. Additional Terms for ISVs and MSVs
- Note to ISV Partners. We care deeply about our ISV Partners and the Mobile App(s) you make accessible on our Service (“ISV Partner Mobile Apps”). By making your ISV Partner Mobile Apps available on our Service, you are doing so solely for the purpose of allowing others to integrate your ISV Partner Mobile Apps with Mobile Services and Features, use Fusion and distribute such Fused Mobile Apps to their End Users or customers. In order to make your ISV Partner Mobile Apps accessible on our Service, you grant us the right to list, display, promote, store, copy, combine and disseminate the ISV Partner Mobile Apps on our Service, including your company name, application name, application description, application binary, version number, and any other information or content that you provide to us regarding the ISV Partner Mobile App, and, in combining your ISV Partner Mobile Apps with Mobile Services and Features selected by you or others, to create derivative works by Fusing your ISV Partner Mobile Apps with such Mobile Services and Features on our Service.
- Note to MSV Partners. We care deeply about our MSV Partners and the Mobile Services and Features MSV Partners make available on our Service. By making Mobile Services or Features available on our Service, you are doing so solely for the purpose of allowing others to Fuse Mobile Apps with such Mobile Services or Features using Fusion and distribute such Fused Mobile Apps to their End Users or customers. In order to make Mobile Services or Features accessible on our Service, you grant us the right (to the extent we do not have the right) to list, display, promote, store, copy, implement and disseminate your company name, solution name, solution description, binaries, SDKs, APIs, version numbers, and any other information or content that you provide to us.
- We are not an App Store. We acknowledge, and you agree that we are not a replacement or alternative to industry standard distribution channels, including Apple’s App Store, Google Play, or enterprise app distribution sites (together, “App Stores”).
- If you are an ISV, you agree and acknowledge that Fused Mobile Apps may be distributed via App Stores, solely with our consent and solely in compliance with this Agreement. You are not required to distribute your Fused Mobile Apps on any particular App Store by using our Service.
- If you are an MSV, you agree and acknowledge that Mobile Apps Fused with Mobile Services or Features may be distributed via App Stores, solely with our consent and in compliance with this Agreement. You are not required to distribute Mobile Services or Features on any particular App Store by using our Service.
- Failure to Conform to App Store Terms.
- If you are an ISV, in the event of any failure of Your Mobile App to conform to any applicable terms, conditions or restrictions set forth in any App Store after it has been Fused with any Mobile Services or Features available on our Service, you agree to promptly notify us and provide us with reasonable assistance in resolving any such failure. We agree to work diligently with you as reasonably requested to resolve any such failure, including supporting any joint customers we may have.
- If you are an MSV, in the event of any failure of any Mobile App Fused with Mobile Services or Features made accessible by you on the Service to conform to any applicable terms, conditions or restrictions set forth in any App Store, you agree to promptly notify us and provide us with reasonable assistance in resolving any such failure. We agree to work diligently with you as reasonably requested to resolve any such failure, including supporting any joint customers we may have.
- Support. You and we acknowledge that, as between you and us, we will provide Tier 1 support, including chat support during working sessions on the platform, knowledge base and/or other online support tools, to Users of our Service who Fuse Mobile Services and Features to Mobile Apps. You agree that we are not responsible for responding to or addressing any condition, claim or experience that relates to the native features or functionality of Mobile Apps or mobile solutions, SDKs or APIs. No course of dealing or business activity will be used or interpreted to imply or impose any such responsibility on us. We acknowledge that you are not responsible for responding to or addressing any condition, claim or experience that relates to Fusion or the Platform. No course of dealing or business activity will be used or interpreted to imply or impose any such responsibility on you.
MAKING A MOBILE APPLICATION OR MOBILE SERVICES AND FEATURES AVAILABLE ON THE SERVICE IS YOUR CONSENT FOR US TO FUSE THE USER-REQUESTED SERVICE, SOLUTION OR APPLICATION.
9. Representations in All Activities
At registration, and each time you use the Service, including uploading a Mobile App to your account, uploading a Mobile App to our Workbench or Library, or creating a Fused Mobile App, you represent and warrant that you are authorized to perform the action taken and that such action complies with all applicable laws, rights and agreements; you own, control or manage the Mobile App you uploaded; you are capable of entering into and forming legally binding contracts; and you have the financial ability to complete the requested transaction. You represent and warrant that your Fusing of any Mobile App with Mobile Services or Features and use of the Fused Mobile App complies with all applicable laws, rights and agreements.
- User Content. When you use our Service, you create a history of mobile integration projects that is unique to you, including (i) information we obtain about your mobile integration projects, (ii) information contained in your account and profile, (iii) information about Your Mobile Apps and the Mobile Services and Features chosen by you, (iv) Fusion sets, (v) history of Fused Mobile Apps, (vi) teams, (vii) your Moible Apps and (viii) service requests (collectively, “User Content”). You are solely responsible for the User Content you create on or through our Service. We do not claim ownership in any User Content and we assume no responsibility for such User Content. When you post or publish User Content on the Service, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display such User Content (in whole or in part) worldwide and/or to incorporate it in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. Please remember that, in some cases, other Users may search, see, use, modify and reproduce your User Content that you submit to any “public” area of the Service.
- License to Your User Content. When you provide User Content to our Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) to your User Content in connection with providing the Service, including in any media known now or in the future as reasonable for providing and promoting our Service. The foregoing right includes, but is not limited to, the right to use, reuse, reproduce, copy, distribute, prepare derivative works produced via Fusion, display and perform such User Content as permitted through our Service functionality, currently or in the future. In addition, you represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Appdome to use any and all Content submitted by you.
- Appdome Properties. You agree that Appdome and its suppliers own all rights, title and interest, including all copyright, patent or other intellectual property rights, in the Appdome Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, including the Fusion Adapters.
- Other Services. From time to time, Appdome may provide you consulting or other services and documents or other items relating thereto (collectively, “Deliverables”), relating to the Appdome Properties. You acknowledge and agree that any Deliverables or other intellectual property or technology developed by Appdome in the course of performing such services are and will remain the exclusive property of Appdome. Unless otherwise specified in a written agreement between you and us, to the extent any Deliverables are provided to you, Appdome hereby grants you a non-exclusive, non-transferable, perpetual, worldwide, royalty-free, freely revocable license, solely under Appdome’s copyrights and trade secret rights, to internally perform, display, reproduce and otherwise use the Deliverables solely (1) for your own internal business purposes (e.g., such purposes may not be for providing to any third parties any services or technology competitive with the Service), and (2) in connection with licensed use of the Service in accordance with this Agreement.
- Fee Schedule. A current list of fees (“Fee Schedule”) is available at all times on our Site. The Fee Schedule may change from time to time, including prior to your purchase. Any changes or additions to our Fee Schedule are effective immediately unless we otherwise notify you. For any existing subscription, we will not raise fees listed in the Fee Schedule during the subscription term and, in connection with any renewal term, will provide at least thirty (30) days’ notice of a change in the Fee Schedule for such changes to be effective during the renewal term.
- General Purpose: Sale of Services, not Software. The purpose of this Agreement is for you to obtain licensed access to the Appdome Properties as permitted by Appdome. All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose without a right of offset or refund. In no way are the fees paid by you considered a payment for the license or use of Appdome Properties, including the Fusion Adapters or Fused Mobile Apps, beyond your subscription term.
- Payment. If applicable, you agree to pay, within thirty (30) days of the receipt of an invoice therefor (email acceptable), the fees associated with your account and your activities related to the Service in accordance with the Fee Schedule in effect at the time such fees arise. In some cases, we may charge for our Service based on (i) the number of users or instances of a Fused Mobile App that your End Users install on their mobile devices, (ii) the number of Mobile Apps you choose to use with our Service, (iii) the number of Mobile Services and Features you choose to use with our Service, (iv) the number of Fusions completed on our Service, or combinations thereof. In such cases, each use is licensed separately and generates a separately billable event. There may be several, separate Fusion Adapters Fused with several different Mobile Apps that reside on a single device of a single End User. Each such Fusion Adapter is separately licensed, and when installed, may create a separate billable event towards the account.
- Payment Provider. To access certain parts of our Service, Users may need to provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal or other account (the “Payment Provider”) as a condition to signing up for our Service. Your Payment Provider agreement governs your use of the designated credit card or other account, and you must refer to that agreement to determine your rights and liabilities. By providing us with your credit card number or other account and associated payment information, you agree that we are authorized to charge your account at any time for all fees due and payable to us and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or other account used for payment hereunder.
- Sales Taxes. Our fees are net of any applicable Sales Tax, which will be your sole responsibility. If any payments under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us in a timely manner, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Appdome for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or such other evidence that we may reasonably request, to establish that you have paid all applicable taxes. For purposes of this Agreement, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds that Appdome is permitted to pass to its customers and is the functional equivalent of a sales or use tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Withholding Taxes. You agree to make all payments of fees to Appdome free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Appdome will be your sole responsibility, and you will provide Appdome with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
- Additional Payment Terms. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Service in a timely manner using a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file or retaining collection agencies and legal counsel.
12. Free Trials
- Participation in Free Trials. You may be offered the opportunity to participate in free trials. If you register for a free trial on our Service, we will make one or more services available to you on a trial basis free of charge (“Trial Services”) until the earliest of (1) the end of the free trial, (2) the start of your purchased subscription for the trial service, or (3) termination of the free trial by us or the applicable ISV Partner or MSV Partner for any reason (in each case, in its sole discretion). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are “Supplemental Terms” and are incorporated into this Agreement by reference and are legally binding.
- Disclaimer of Warranties; Effect of Termination of Free Trial. ANY MOBILE APP OR USER CONTENT YOU ENTER INTO OUR SERVICE, AND ANY FUSED MOBILE APPS MADE BY OR FOR YOU DURING YOUR FREE TRIAL, WILL BE UNAVAILABLE AT THE END OF THE TRIAL PERIOD TO THE EXTENT YOU DO NOT PURCHASE A SUBSCRIPTION TO THE SERVICE COVERED BY THE TRIAL BEFORE THE END OF THE TRIAL PERIOD. DURING ANY FREE TRIAL THE TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. You agree that we have no liability for any harm or damage arising out of or in connection with Trial Services.
13. Beta Services
- Use of Beta Services. We are constantly innovating and expect to provide you with access to new services and features. From time to time, we may make Beta services available to you at no charge. You may choose to try such Beta services or not in your sole discretion. Beta services are intended for evaluation by you and to test potential services that may or may not be released on our Service. Beta services are not intended for production use, are not supported, and may be subject to additional terms. Any such terms are “Supplemental Terms” and are incorporated into this Agreement by reference and are legally binding.
- Disclaimer of Warranties; Termination of Beta Services. We may discontinue Beta services at any time in our sole discretion and we make no commitment to release a production version of any Beta service we make available on the Service. THE BETA SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY. You agree that we have no liability for any harm or damage arising out of or in connection with a Beta service.
14. Prohibited Activities
While we are excited that you have elected to use our Service, you understand that there are prohibitions that restrict your use of the Service, and you agree that you will not:
- use the Service for any purposes other than the Permitted Purposes;
- attempt to use our Service to Fuse information, data, text, music, sound, photographs, graphics, video, messages, tags, applications, services or other materials (“Content”) of third parties from whom you have not acquired a license to do so;
- add, Fuse, sign, distribute or use Content or request items that violate, or in a manner that violates, contracts, licenses, laws or third-party rights;
- post Content that is false, inaccurate, misleading, defamatory, or libelous (including personal information, slurs, and personal attacks) or that violates any right of publicity or privacy of any person or entity;
- use fake accounts, duplicate accounts, or other means to circumvent or manipulate our Service or the fees owed to Appdome, ISVs or MSVs;
- distribute viruses or use technologies that may harm Appdome, you, or the interests or property of Appdome, ISVs or MSVs;
- take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- harvest or collect information, including using any robot, spider, scraper or other automated means or any manual process for any such purpose;
- attempt to capture, gather, collect, copy, reproduce, modify or reverse engineer any binaries (including Fusion Adapters), SDKs or other property of ISVs, MSVs or Appdome;
- use or attempt to use our Service after your account has been suspended or terminated;
- post Content or request items that are offensive, inflammatory or illegal, or that promote or glorify bullying, hatred, violence or intolerance, or promote organizations that do so;
- interfere or attempt to interfere with the proper working of our Service, or any activities conducted on or with our Service; or
- bypass any measures we may use to secure or prevent or restrict access to our Service.
You may not access the Service if you are our direct competitor, except with our prior written consent. In addition, you may not access our Service solely for purposes of monitoring our availability, performance or functionality, or for any other benchmarking or competitive purposes.
- User Termination. You may request termination of your account at any time and for any reason by sending an email to our Support Group.
- Appdome Termination. Without limiting other remedies, we may in our sole discretion limit, suspend or terminate this Agreement and your account, prohibit access to our Service, remove your Fused Mobile Apps, remove Mobile Apps and/or User Content added by you, cancel and remove administrators from your account, reduce your account privileges, and take other technical and legal steps to ensure compliance with this Agreement and/or to reduce any adverse impact on the quality of our Service. You agree that the grounds for such limitation, suspension, termination or other action may include (i) extended periods of inactivity, (ii) violation of this Agreement, (iii) fraudulent, harassing or abusive behavior, (iv) failure to pay for our Service, or (v) behavior that is harmful to other Users, third parties or our business interests. In the event that we terminate your account, you may not register for the Service again without our express permission. If you believe that any action has been taken against your account in error, please contact our Support Group.
- Investigation of Suspected Violations. We reserve the right to investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Appdome Properties, including your User Content, in our possession in connection with your use of the Appdome Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce this Agreement; (3) respond to any claims that your User Content or Mobile Apps violate the rights of third parties; (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Appdome, its Users or the public; and to all enforcement or other government officials as Appdome in its sole discretion believes to be necessary or appropriate.
- Effect of Termination or Suspension. Any suspension of your account or termination of this Agreement and your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. You understand that any termination of this Agreement or of your account may involve deletion of your User Content from our live databases and may impact your End Users’ ability to use Fused Mobile Apps. Appdome will have no liability whatsoever to you for any suspension or termination, including any impact to your End Users or for deletion of your User Content.
16. Procedure for Making Claims of Copyright Infringement
It is our policy to terminate the privileges of any User who infringes copyright upon notification to us by the copyright owner or the copyright owners’ legal agent. Without limiting the foregoing, if you believe that your work has been copied and used, uploaded or posted on our Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (2) a description of the copyrighted work with respect to which you claim infringement has occurred; (3) a description of the location on the Appdome Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Appdome’s Copyright Agent for notice of claims of copyright infringement is as follows: Chief Financial Officer, Appdome Inc., 3 Twin Dolphin Drive, Suite 375, Redwood City, CA 94065, or firstname.lastname@example.org.
- Testing Fused Mobile Apps. You understand that we are not responsible for testing any Fused Mobile Apps you create in or on your environment. Networks and environments differ, and we cannot validate all possible variations of uses, usage and implementations. You must test and validate any Fused Mobile Apps you create on the Service.
- As Is. EXCEPT FOR OUR INDEMNIFICATION OBLIGATIONS (IN SECTION 22), YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE AND ANY OTHER PRODUCT OR SERVICE IS AT YOUR SOLE RISK. THE APPDOME PRODUCTS AND SERVICES, INCLUDING THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Fused Mobile Apps and Third–Party Software and Services. WITH RESPECT TO FUSED MOBILE APPS THAT YOU CREATE USING THE SERVICE AND THE SOFTWARE OR SERVICES MADE ACCESSIBLE BY THIRD PARTIES, INCLUDING THOSE MADE ACCESSIBLE BY ISVs OR MSVs, INCLUDING THROUGH OUR WORKBENCH OR LIBRARY, WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT ANY SUCH FUSED MOBILE APPS, SOFTWARE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY OR CONDITION REGARDING THE QUALITY OF ANY SUCH FUSED MOBILE APPS, SOFTWARE OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ABOUT SUCH FUSED MOBILE APPS, SOFTWARE OR SERVICES OBTAINED THROUGH THE SERVICE, INCLUDING THE SITES.
- No Liability for User Content or Conduct. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR USER CONTENT, COMMUNICATIONS AND COMMERCIAL AGREEMENTS WITH OTHERS, INCLUDING WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
18. Limitation of Liability
- Disclaimer of Certain Damages. EXCEPT WITH RESPECT TO A BREACH OF CONFIDENTIALITY PROVISIONS THAT MAY EXIST IN SEPARATE AGREEMENTS BETWEEN YOU AND US, AND THE INDEMNIFICATION OBLIGATIONS (IN SECTION 22), YOU UNDERSTAND AND AGREE THAT IN NO EVENT ARE WE, OUR SALES CHANNEL PARTNERS, OR OUR ISV OR MSV PARTNERS AND THEIR AFFILIATES, TELECOMMUNICATIONS CARRIERS AND SALES CHANNEL PARTNERS (COLLECTIVELY, “ISV AND MSV PARTNER ENTITIES”) LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE APPDOME PROPERTIES OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY US, INCLUDING THE SERVICE, USE OF THE SERVICE, THE CONTENT OF OUR ISV OR MSV PARTNERS, OR FUSED MOBILE APPS YOU CREATE ON OUR SERVICE, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE, INTERRUPTION OF USE, LOSS OF DATA, BREACH OF SECURITY, BREACH OF SECURITY OF OUR SERVICE, LOSS OF PRODUCTIVITY, LOST PROFITS, OR LOSS OF ECONOMIC BENEFIT, WHETHER OR NOT SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
- Cap on Liability. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, OUR TOTAL AND CUMULATIVE LIABILITY TO YOU AND ANY THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO THE GREATER OF (1) THE TOTAL FEES (UNDER OUR FEE SCHEDULE) YOU PAID TO US IN THE THREE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (2) $500. THE FOREGOING IS THE TOTAL MAXIMUM LIMIT OF OUR LIABILITY TO YOU AND ANY THIRD PARTIES, INCLUDING ON ACCOUNT OF YOUR END USERS.
- Third Party Beneficiaries. ISV AND MSV PARTNER ENTITIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE PROVISIONS AND PROTECTIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
If you as a User, have a dispute with one or more Users, including any ISV or MSV, you release us (and our officers, directors, agents, joint ventures, joint venturers and employees) from any claims, demands and damages (actual, consequential and otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You waive California Civil Code §1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive any rights you may have under any similar statute or law.
20. No Relationship with Your End Users
End Users who use your Fused Mobile Apps and/or services enabled by Mobile Services and Features, or with whom you perform any other transactions involving the Service, shall not be deemed to be the customers of Appdome. Appdome has no liability or responsibility to review, endorse, police or enforce any relationships between you and your End Users or to resolve any dispute between you and your End Users.
- User Indemnity. You will indemnify and hold us (and our officers, directors, agents, joint ventures, joint venturers and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your actual or claimed breach of this Agreement or violation of any law or the rights of a third party.
- Appdome Indemnity. Subject to Section 18, we agree to indemnify you from any action against you brought by any third party to the extent that the action is based upon a claim that the Service, including Fusion Adapters but excluding Fused Mobile Apps, infringes or misappropriates any copyright, trademark, moral right or trade secret and we will pay those costs and damages finally awarded against you in any such action that are specifically attributable to such claim or those costs and damages agreed to in a monetary settlement of such action. If the Service becomes, or in our opinion is likely to become the subject of an infringement claim, we may, at our option and expense, either (i) procure for you the right to continue exercising the rights granted to you in this Agreement, (ii) replace or modify the Service (or relevant portion thereof) so that it becomes non-infringing, or (iii) refund to you the unearned portion of any payments made by you to us and terminate the Agreement by written notice to you. This Section 22(b) states our entire liability and your sole and exclusive remedy for infringement claims and actions.
23. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on Appdome Inc.’s registered agent in the State of Delaware (in the case of Appdome) and sent to the email address you provide to Appdome during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
25. Legal Disputes
Before invoking the arbitration agreement set forth in this Section 25 (“Arbitration Agreement”) we strongly encourage you to first contact us directly to seek a resolution through our Support Group.
- Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, or to any aspect of your relationship with Appdome, will be resolved by binding arbitration, rather than in court, except that (1) you or Appdome may assert claims in a small claims court set forth in Section 26 if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Appdome may seek equitable relief in a court set forth in Section 26 for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Notwithstanding Section 26, any judgment on the award rendered by the arbitrator or court may be entered in any court of competent jurisdiction.
BY AGREEING TO ARBITRATION WITH APPDOME, YOU ARE AGREEING THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST APPDOME ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST APPDOME IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Appdome Inc.’s registered agent in the State of Delaware. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, Appdome will select an alternative arbitral forum that is reasonably acceptable to you, and the terms of this Arbitration Agreement will apply to such arbitration mutatis mutandis. The number of arbitrators shall be one, and the seat, or legal place, of arbitration shall be San Mateo County, California, USA. The arbitration shall be conducted in English.
- Authority of Arbitrator. The arbitrator, and not any federal, state, local or other court or authority, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Appdome. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and/or the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND APPDOME HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY. You and Appdome are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 25(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and an arbitration award is subject to very limited court review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. In the event that this subparagraph is deemed invalid or unenforceable and such invalidity or unenforceability impacts a proceeding with respect to a claim, neither you nor we are entitled to arbitration with respect to such claim and instead such claim shall be resolved in a court as set forth in Section 26.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Appdome.
26. LAW AND FORUM FOR LEGAL DISPUTES
This Agreement and any action related thereto, to your access or use of the Service, or to any aspect of your relationship with Appdome, will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The exclusive jurisdiction and venue for any court proceedings or actions arising out of or relating to this Agreement, to your access or use of the Service, or to any aspect of your relationship with Appdome will be the California state and U.S. federal courts for San Mateo County, California, and both parties hereby submit to the personal jurisdiction of those courts and irrevocably waive any objection they may have to such venue.
You may not use, export, import, or transfer Appdome Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Appdome Properties, and any other applicable laws. In particular, but without limitation, Appdome Properties may not be exported or re-exported (a) into any country designated as a State Sponsor of Terrorism or subject to an embargo by the United States Government including Cuba, Iran, North Korea, Sudan, Syria, and the Crimea Region of the Ukraine, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or Foreign Sanctions Evaders List, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List (collectively, “Restricted Parties List”). By using Appdome Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any Restricted Parties List or any other U.S. Government list of prohibited or restricted parties. You also will not use Appdome Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Appdome are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Appdome products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. You agree to obtain any and all licenses, authorizations, or approvals, and to complete and submit any necessary reports and filings, which are required for the export, re-export, or transfer of Appdome products, services, or technology under U.S. laws and regulations.
28. Open Source Features
Appdome strives to provide best practice implementations to its Users. As such, one or more features that you implement by using our Service may include open source software (“Open Source Software”), which is protected by the applicable copyright, patent or other intellectual property rights of the third-party licensor. Any use of such Open Source Software is subject to the terms of the applicable open source license agreement (“Open Source Agreement”), which may include provisions that expressly override some of the terms in this Agreement. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of such Open Source Agreements. If required by any Open Source Agreement, Appdome makes the Open Source Software subject to such agreement, and Appdome’s modifications to such software, available by written request to Appdome at email@example.com. The Open Source Agreement for any Open Source Software provided through your use of the Service shall be made available to you upon your written request to Appdome. You agree that you will use the Open Source Software only under the terms set forth in the applicable Open Source Agreement. You agree not to upload any open source software to our Service that would cause the non-open source software portions of the Appdome Properties to be subject to any open source software licensing terms or obligations.
- Amendments. We may amend this Agreement at any time by posting the amended terms on the Service. All amended terms shall automatically be effective immediately when they are initially posted, except as otherwise provided in such amendment. This Agreement may not otherwise be amended except in a writing signed by you and us. For purposes of this provision, “writing” does not include an email message and “signed” includes electronic signatures.
- Entire Agreement. This Agreement sets forth the entire understanding and agreement among us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: 10 (Ownership), 11 (Fees), 15 (Terminations), 16 (Procedure for Making Claims of Copyright Infringement), 17 (Disclaimers), 18 (Limitation of Liability), 19 (Release), 20 (No Relationship With Your End Users), 22 (Indemnity), 23 (No Agency), 24 (Notices), 25 (Legal Disputes), 26 (Law and Forum for Legal Disputes), 27 (Export), 28 (Open Source Features) and 29 (General).
- Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We may assign this Agreement in our sole discretion. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others will not be deemed a waiver of our right to act with respect to that breach or subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.