1. Accepting These Terms
This document, along with the other referenced documents, constitutes the rules governing the relationship between you and APPSOLVE SRL (the “Terms”). APPSOLVE is headquartered at Bogdan Voda 14, Bucharest 010936, Romania ([email protected]) and is registered with the Bucharest Trade Registry under no. J40/16347/2017, with the identification code RO38260784.
These Terms form a legally binding contract that outlines your rights and responsibilities when using any services provided by APPSOLVE (collectively referred to as the “Services,” including our software applications). Please read the Terms carefully. If you have any questions regarding these Terms, please contact us at [email protected].
APPSOLVE reserves the right to select merchants and may refuse to provide Services to anyone at any time for any permitted reason. Any use of our Services (including browsing our websites) is subject to these Terms, regardless of whether you are a Premium User of Shopify. If you do not agree with these Terms, you may not use our Services.
2. Your Privacy
Your personal data is important to us. Our Privacy Policy outlines how your information is used when you utilize our Services.
3. Your Account with APPSOLVE
To access some of our Services, you must create an account with APPSOLVE. The following rules apply to account usage:
- Eligibility: You must be 18 years or older and legally represent a legal entity or act within the scope of a legally organized economic activity. You are responsible for any account activity conducted by a minor using your account. You are also responsible for any taxes due on income derived from using our Services.
- Honesty and Accuracy: Provide accurate information about yourself or the entity you represent. By accepting these Terms, you affirm that you are not registering on behalf of someone else or representing another entity without authorization. Use of false information or impersonation is strictly prohibited.
- Account Responsibility: You are solely responsible for the information associated with your account and for any activity that occurs under your account. If sharing an account, the individual whose financial information is linked to the account is responsible for all activity. Accounts are non-transferable.
- Password Protection: Maintain the security of your password. You are solely responsible for any unauthorized activity on your account. APPSOLVE is not liable for any loss due to unauthorized use of your username and password.
- Relationship Acknowledgment: These Terms do not create an agency, partnership, joint venture, employment, or franchisee relationship between you and APPSOLVE. They represent the agreement governing the relationship.
4. Your Store
Content you post using our Services (“Your Content”) remains your property. We do not claim ownership of Your Content, which includes any materials posted via our Services.
- Responsibility for Your Content: You are exclusively responsible for Your Content and ensure that you have the necessary rights to post it without infringing on third-party rights.
- Permission to Use Your Content: By posting Your Content, you grant APPSOLVE a license to use it to provide the requested Services. This license allows us to improve our functionalities without infringing on rights.
- License Scope: By posting Your Content, you grant APPSOLVE a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works. You agree not to assert moral rights against us for using Your Content.
- Inappropriate Content: You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. Violations may result in the removal of Your Content without prior notice.
- Enforcement: APPSOLVE reserves the right to enforce these Terms and may issue warnings, suspend or terminate access to the Services, or engage in legal action in response to violations.
5. Your Use of Our Services
APPSOLVE grants you a limited, non-exclusive, non-transferable, revocable license to use our Services, subject to these Terms and the following restrictions:
- Legal Compliance: You agree to comply with all applicable laws, including obtaining necessary permits or licenses required for your shop.
- Payment Responsibility: You are responsible for paying all fees owed to APPSOLVE. Fees are non-refundable, and you must also manage applicable taxes related to your use of our Services. If our Services do not meet your expectations, you may request a refund within 30 days of the termination of the trial version period (as announced when you purchased the license to use our Services).
- Prohibition on Misuse: You agree not to crawl, scrape, or spider any page of the Services, reverse engineer the Services, or attempt to access the source code without authorization. For API use, please contact us via email at [email protected].
- Security Responsibility: You agree not to interfere with or disrupt the functionality of our Services, including the distribution of viruses or harmful code. Automated means such as robots, spiders, or scrapers are not permitted to access the Services or monitor any material.
- Authorized Use: You may only use our Services for your business operations in compliance with these Terms. Any moral or patrimonial rights related to the Services belong solely to APPSOLVE. The license granted does not transfer copyright. You may not transfer or sublicense your rights to use the Services to any other person or entity, nor may you rent, lease, or modify the Services.
- Security Violations: Violating the security of our website or applications is strictly prohibited and may result in civil and criminal liability. APPSOLVE may investigate violations and cooperate with law enforcement as necessary. Security violations include unauthorized access or attempts to test vulnerabilities or breach security measures.
6. Termination
In the event of termination, you may lose all information associated with your account, including Your Content and application settings.
- Termination By You: You may terminate your account with APPSOLVE and terminate access to our Services at any time by deleting the application from your Shopify list of apps. This termination may affect Your Content posted through the Services, as APPSOLVE manages that content after termination. Your application settings will be stored for no longer than one month post-deletion.
- Termination By APPSOLVE: APPSOLVE reserves the right to terminate or suspend your account and access to Services without justification. You do not have a contractual or legal right to continue using the Services in this case. If terminated, fees corresponding to the remaining period will be reimbursed.
- Service Discontinuation: APPSOLVE reserves the right to suspend or discontinue any Services at any time without prior notice if there is a breach of these Terms. We are not liable for any impact this may have on you, including potential loss of income.
- Support Services: APPSOLVE offers support through email and chat for troubleshooting and assistance with application customization. However, if inappropriate language or behavior is directed towards our employees, support may be refused.
- Data Backup: APPSOLVE does not provide data backup services, including for any Content or data uploaded by you or third parties.
7. Warranties and Limitation of Liability
APPSOLVE strives to provide the best possible Services but cannot guarantee perfection. Services are provided "as is," and we disclaim all warranties, including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
You use the Services at your own risk, there are no guarantees regarding:
- The security or availability of the Services.
- The correction of any defects or errors.
- Freedom from viruses or harmful materials.
- No unauthorized data breaches impacting your data.
APPSOLVE is not liable for any damage, loss of profits, contracts, revenues, goodwill, or any direct or indirect loss resulting from:
- Faults, omissions, or technical issues from the platforms used for Services.
- Delays caused by internet service providers.
- Delays or failures due to force majeure events, governmental actions, or contract terminations.
If Services are suspended due to our negligence for more than 7 calendar days, you may terminate the Agreement for a prorated refund of the fees paid.
APPSOLVE reserves the right to withdraw applications or features upon giving 15 days' notice. This does not entitle you to a refund.
In extraordinary circumstances, APPSOLVE may withdraw applications or features without prior notice. Warranty and liability clauses will survive termination as necessary.
8. Service Level Agreement (SLA)
During the term of the agreement, APPSOLVE commits to providing a Monthly Uptime Percentage of 99.9% (the "Service Level Objective" or "SLO"). If the SLO is not met, and the Customer fulfills their obligations under the Terms of Use, the Customer may request a refund based on the following schedule:
| Monthly Uptime Percentage | Percentage of Monthly Bill to Be Refunded |
|---|---|
| 99.0% – < 99.9% | 10% |
| 95.0% – < 99.0% | 25% |
| < 95.0% | 50% |
To receive any refund described above, the Customer must notify APPSOLVE’s technical support within 10 days of becoming eligible for a refund. Failure to comply with this requirement will result in forfeiture of the right to a refund. This SLA does not apply to any errors or failures caused by circumstances outside APPSOLVE’s control, including customer hardware or software issues, or violations of the Terms.
9. Force Majeure / Unforeseen Circumstances
APPSOLVE shall not be held liable for any failure to fulfill its obligations under the Terms if such failure results from force majeure or unforeseen circumstances, including but not limited to cyberattacks, war, strikes, governmental regulations, or other events beyond APPSOLVE's reasonable control.
In such events, our obligations will be suspended until the incident causing the disruption ceases. If the force majeure or unforeseen circumstance persists for more than 30 calendar days, either party may terminate the agreement. Notice of force majeure must be communicated to the other party via email within 3 calendar days of its occurrence.
10. Indemnification
In the event that APPSOLVE is sued or held liable due to your actions, you agree to indemnify and defend APPSOLVE, including its employees, against any legal claims or demands (including reasonable attorney's fees) arising from your use of the Services, breach of these Terms, or infringement of any third-party rights.
APPSOLVE reserves the right to manage its legal defense as it deems appropriate, even if you are indemnifying us. You agree to cooperate fully in our defense efforts.
11. Disputes with Other Users
If you encounter a dispute with another user of APPSOLVE’s Services or a third party, we recommend attempting to resolve the matter directly with that party amicably.
12. Disputes with APPSOLVE
If you have a complaint or issue with us, please notify us so that we may attempt to resolve it. If a resolution is not possible, some terms govern any legal disputes involving our Services:
These Terms are governed by the laws of Romania without regard to its conflict of laws principles. This applies universally, regardless of your location. For clarity, merchants do not qualify for consumer protection recognized in certain jurisdictions. Any dispute arising from these Terms, including questions about validity or termination, shall be subject to the exclusive jurisdiction of Romanian courts.
13. Changes to the Terms
We may update these Terms periodically. Any changes will be communicated through our Services and/or via email. Changes will take effect upon posting unless otherwise specified. You are responsible for reviewing and familiarizing yourself with any updates. Your continued use of the Services after 5 days following any changes constitutes acceptance of the updated Terms.
14. Some Finer Legal Points
These Terms, along with all related policies, supersede any prior agreements between you and APPSOLVE concerning the Services. If any portion of these Terms is found to be unenforceable, it will be limited to the minimum extent necessary while the remaining provisions remain in full effect. Our failure to enforce any term does not constitute a waiver of our right to enforce that term or any other term in the future. We may assign our rights and obligations under these Terms, while you may only do so with our prior written consent.
15. Contact Information
If you have any questions regarding these Terms, please contact us at [email protected]