Terms of Service

1.  Acknowledgement and Acceptance of Terms

Appiny Inc., a company (referred to as “us” or “we”), provides the www.appiny.com, site (the “Services”) subject to your compliance with all the terms, conditions, and noticies contained or referenced herein (the “Terms of Use”).  In addition, when using particular services on the Services, you shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to those in the Terms of Use.  By using the Services, you agree to the Terms of Use.  If you do not agree, do not use the Services.
We reserve the right to change the Terms of Use from time to time without notice to you.  You acknowledge and agree that it is your responsibility to review the Services and the Terms of Use periodically to learn of any modifications.  Your continued use of the Services after the posting of any modifications shall constitute your agreement to be bound by such modified Terms of Use.
We may modify, suspend, discontinue or restrict the use of the Services, any portion thereof or any content at any time with or without notice to you.

2.  Age Requirement

The Services are only available for individuals age 13 years or older.  If you are between the ages of 13 and 18, you should review the Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand the Terms of Use.

3.  Content

All text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement and “look and feel” of such Content, is owned by or licensed to us and is protected by copyright, trademark and other intellectual property rights and laws.
Except as expressly provided in the Terms of Use, no part of the Services and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted or otherwise distributed for public or commercial purposes.

4.  Use of Services

Your use of the Services is subject to all applicable laws and regulations.
You may not:
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Services or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
attempt to gain unauthorized access to any portion of the Services or any Content, or any systems or networks connected to the Service, by hacking, password “mining” or any other illegitimate means;
probe, scan or test the vulnerability of the Services or any Content, or any system or network connected to the Service; reverse look-up or trace any information of any other Services user or visitor or otherwise use the Services for the purpose of obtaining information of any other Services user or visitor;
use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Services or any Content, or any systems or networks connected to the Services, or with any other person’s use of the Services; or use the Services or any Content for any purpose that is unlawful or prohibited by the Terms of Use.
Any unauthorized use of the Services or any Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

5.  Use of Software

Any software that is made available via the Services shall be governed by the terms of the license agreement that accompanies the software or is posted with the software download or at the Services page where the software can be accessed; provided, however, if no such license agreement is made available, we grant you a revocable, worldwide, royalty-fee, non-assignable, non-exclusive license to use the Software for your personal, noncommercial use in accordance with the Terms of Use.  In the event of any inconsistency between the Terms of Use and any license agreement, the license agreement shall govern in relation to the software.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of the software. The software may automatically download and install updates from us from time to time.  These updates are designed to improve, enhance and further develop the software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.  You agree to receive such updates (and permit us to deliver these to you with or without your knowledge) as part of your use of the software.

6. Buying over the Internet

When making purchases or other transactions through the Services or the Internet, but you may also be asked by the Merchant or information or service provider to supply certain information, Including credit card or other payment mechanisms. You agree that all information you provide any merchant or information or service provider through the Services will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Services. We are in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

7. Refunds

Software which is available for purchase through the Services, there are free Demo versions or free Trial periods you can download to ensure that you can fully experience it prior to making your purchase. When available, documentation for software is also available online. We encourage you to review the documentation and try the software prior to making your purchase to ensure that it meets your requirements.
If you are not satisfied with software purchased directly from Services (software purchased from a third party must be returned to the third party and is subject to the return policies of that particular reseller), please contact our Customer Support Team (by email) within 30 days of your purchase to receive a refund. Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase. In case you are issued a refund, it should appear on your credit card statement within 7 to 10 business days. Upon receiving a refund you shall cease all use and destroy all copies, full or partial, of the Software for which you no longer possess a valid, purchased license. We reserve the right to disable any product keys and/or serial numbers issued to you for the refunded products.
NON-REFUNDABLE CASES
We may decline refund claims in the following cases:
a. Software purchased for the wrong platform.
b. Hard copies, including shipping charges.
c. Inability to operate the software in your computing environment.
d. Inability to use the software due to an operator error.

Please note that we can only accept refund claims for products purchased via our online store - purchases made from the other retail stores and websites are subject to those stores' refund policies.

8.  Account Information

Certain features or services offered on or through the Services may require you to open an account (including a user name and password).  You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password.  It is your sole responsibility to: (i) control the dissemination and use of your account and password; and (ii) promptly inform us of any need to deactivate an account or password.  We are not liable for any harm related to the theft of passwords, or your disclosure of passwords.  You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality.  You are solely responsible for any damage resulting from the use of your account and username.  You may not use your account or password to breach security of another account.

9.  Privacy

Our Privacy Policy applies to the use of the Services and its terms are made a part of the Terms of Use by this reference.  To view our Privacy Policy, click here.

10.  Disclaimer of Warranties and Limitation of Liability

THE SITES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT.  IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS (our “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMIATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES.

11.  Termination and Indemnity

You agree that we may, at any time, and at our sole discretion, terminate your account or suspend or prohibit your access to the Services without prior notice to you for violating any of the Terms of Use or for any other reason whatsoever.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims or expenses (including attorneys’ fee) made against us by any third party due to or arising out of your use of the Services.

12.  User Submissions

If you make any submission to us, you agree that you will not send or transmit any communication or content that: (i) is defamatory, indecent, harassing or otherwise objectionable; (ii) infringes or violates any rights of any party; or (iii) contains a virus or corrupted data.
All e-mail and other correspondence that you submit to us shall become our sole and exclusive property. If you submit any business information, idea, concept or invention to us, such submission shall be considered: (i) non-confidential; and (ii) our sole and exclusive property.  We will have no obligation of any kind with respect to the submission, and we will be free to use or further transmit such submission for any purpose.

13.  Links

We may provide links to third-party websites.  We do not recommend or endorse the content of any third-party websites.  We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

14.  Notices

We may send you notice with respect to the Services by sending an email message to the email address listed in your account or by posting on the Service.  Any notices will be deemed delivered to the party receiving such communication: (i) one business days after deposit with an overnight carrier; (ii) the date of transmittal if sent via email; or (iii) the date we post the notice to the Service.

15.  Governing Law, International Use

The Terms of Use will be governed by the England and Russian Federation laws.  Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the Europe, and accessing the Services from territories where its use is illegal is prohibited.

16.  Entire Agreement

The Terms of Use represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral.  The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

17.  Waiver

Any failure by us to enforce or exercise any provisions of the Terms of Use shall not constitute a waiver of that right or provision.  Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

18.  Attorneys’ and Accountants’ Fees

In any action to enforce the Terms of Use, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs.