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LICENSE
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AppSpector Terms of Use
These Terms of Use (the “Agreement”) constitute a legally binding agreement between Techery LLC registered under the laws of the State of California and owing and providing you the AppSpector product (the “Company”, “we”, “us”, “our”) and the User (also “you”, “your”), together referred to as the “Parties”.
This Agreement regulates your use of the Services, hereunder defined.
By completing the registration process or using the Services, you explicitly acknowledge that you have reviewed and accepted this Agreement and agreed to be bound by its provisions.
Please also read our Privacy Policy that is the integral part of this Agreement.
AppSpector Services
Subject to this Agreement and our Privacy Policy, the Company provides the User with the AppSpector tool that shall include all the respective content, features and functionality necessary for the debugging (“Services”). By using the Services, the User can create the project(s) and organization(s), inspect and access their mobile application(s) remotely and in a real-time format, view performance metrics and examine state of the mobile applications.
The Services are provided via appspector.com (the “Website”) and the AppSpector SDK, a product owned by the Company,
Per your request, we can provide additional services that shall be also regulated by this Agreement and our Privacy Policy.
Eligibility and Acceptable Use
You hereby confirm that you are an individual, legal person or other organization with full capacity to enter into this Agreement, be bound and bound any third party (if applicable) by its provisions , when you complete the registration or actually use the Services.
If you do not have the said capacity, you or your principal (if applicable) shall undertake all the consequences resulted from your entering into this Agreement We shall have the right to cancel or permanently freeze your account, and seek compensation for any actual loss, diminished gain and any other pecuniary, non-pecuniary damage as well as the applicable costs and expenses (“Compensation”).
Your Account
To use the Services, you shall register on the Website and create an account. While registering on the Website, you are required to set an email, name (or alias) and password.
You can modify your login information at any time.
You hereby agree to keep your login information and password private and to immediately notify us of any unauthorized account activity. You are solely responsible for providing access to your account to third parties and for any other deliberate or negligent actions while using the Services. Such actions can result in loss of the account or any other loss to you, third parties and the Company. That said, you are solely responsible for any consequences resulting from:
the use of your login and password for the account;
for any registration data provided for the account creation;
for any actions, deliberate or negligent, done during any use of your account.
Should you cause any damage to the Company, , we reserve the right to seek Compensation.
You may deactivate your account at any time by following the respective procedures on the Website or contacting us at: [email protected].
We reserve the right to refuse registration of, or cancel the account at our discretion. One of the reasons may be your failure to comply with any of the provisions, set in this Agreement, in particular failure to provide complete and accurate information during registration.
Termination of the account will include denial of access to the Services.
User’s Obligations, Representations, and Warranties
You expressly accept that the AppSpector SDK, and any updates, are provided on "as is" basis. We make no representations, warranties or indemnifications regarding the use of the AppSpector SDK and our Services generally. You are solely responsible for the integration of the AppSpector SDK into your application, including for all the costs incurred. We are not bound to provide any maintenance, technical support or updates to you regarding our Services.
Unless permitted by this Agreement, you shall not: use create (register) on the Website more than 1 registered account for more than 1 person per within 1 organization (team); exploit or otherwise use the Services, including AppSpector SDK, within your applications, published or otherwise made available for the general audience on App Store, Google Play or any other digital distribution services and platforms. We take measures to prevent such activity. In any event, you remain solely liable for any outcomes of your decision to use the Services or modify the latter to use them on any digital distribution services and platforms; attempt to gain unauthorized access to the Services or access the Services in breach of the applicable laws or access the Services with a view of building a competitive product, using similar ideas, features, functions or graphics; commercially exploit the Services, in particular, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way; amend, disassemble or make derivative works based on the Services or otherwise attempt to derive source code or other elements from the Services as well as amend, disassemble or make derivative works out of the AppSpector SDK binary files..
You hereby expressly covenant, represent and warrant that: you are at least 16 years of age, and comply with all other eligibility and residency criteria under this Agreement or any applicable law; you have the full capacity and legal competence to use the Services; you will not perform acts aimed at a breach of the normal functioning of the Services or leading to the violation of the applicable laws, both by means of software and through your direct acts within the Services, or perform any other illegal acts; you are solely responsible for your use of the Services.
If you breach any of the covenants, representations and warranties under this Agreement, we are entitled to terminate your use of the Services and take legal actions under the applicable laws and this Agreement in order to, in particular, seek Compensation.
Intellectual Property
The Website and any materials displayed or published or available on or through the Website and the use of Services, including, but not limited to text, graphics, data, articles, information, photos, images, illustrations, and so forth (the content) are the property of the Company, and are protected by copyright, patent, trade secret and other intellectual property laws. The Companyand its licensors retain any and all rights, title and interest in and to the Website and its content.
You shall ensure that our copyright notice is not removed from the AppSpector SDK and that such copyright notice is included in each module that the AppSpector SDK resides. Your right to use the Website is limited to the rights expressly granted by this Agreement. Such rights shall include a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Services for your own internal business purpose during the length of this Agreement between you and the Company. You are not authorized to any other intellectual property, owned by the Company, for any purposes without our express and written consent for that.
Payment
Subject to the rates and terms which are published on the Website (https://appspector.com/pricing/), which are an integral part of this Agreement, you are obliged to make the payments for the Services, unless you are granted a trial period for the use thereof.
Unless you use a free plan, you are obliged to pay the fees for the plan chosen. Unless agreed otherwise, all fees are payable upon demand by credit card. Fees for each subscription period will be billed in advance.
We reserve the right to change the fees, add new plans or change the existing at any time (and such changes will apply on a going forward basis). You shall be responsible for all the commissions, fees, levied in connection with the payment for the Services.
If you believe that we billed you incorrectly, you shall immediately notify us in writing. Failure to do so will amount to the acceptance of such billing as correct.
All Fees paid are non-refundable, except in the event (i) of overpayment, but subject to the preceding sentence, (ii) if you terminate this Agreement for the Company’s uncured breach.
Disclaimers and Limitations
We provide the Services on an “as-is” and “as-available” basis. This means that we cannot (and we do not) make warranty that the Services will be uninterrupted, timely, or error free. We shall not be obliged to ensure the operation of the Services on all platforms, for all devices or under certain specific conditions.
We shall be entitled to change the design of the Services, the functionality, the used technical solutions, scripts, software, and other elements both visible and invisible you at any time unilaterally without giving you a prior notice.
Limitation of Liability
Except as otherwise required by law, in no event shall we, our directors, members, employees or agents be liable for any special, indirect, consequential or other damages, arising out of or in any way connected with the use of or inability to use our Services.
To the maximum extent permitted by applicable law, we provide our Services, particularly AppSpector SDK, on “as is” basis with all faults, and you full accept this. We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to our Services, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement, with regard to the Services. The entire risk as to the quality of or arising out of use or performance of the AppSpector SDK and support services, if any, remains with you.
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Services, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the Company, and even if the Company has been advised of the possibility of such damages.
Indemnification
You hereby agree to indemnify the Company, any of its officers, directors, employees and agents and its affiliates from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, or other proceeding, that arises or relates to any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, or your wrongful or improper use of the Services.
Amendments
We may modify, amend or otherwise change these Terms from time to time, so please periodically check this page to ensure that you’re satisfied with any changes.
If you continue to use the Services after such amendments, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company by an applicable law to obtain your explicit consent to the amendments.
Applicable Law and Dispute Resolution
This Agreement and other relationships between you and the Company shall be governed by the law of the State of California.
All disputes and disagreements that might arise from this Agreement shall be resolved by means of negotiations. For the purposes of the settlement of such disputes, an e-mail correspondence with the authorized persons of the Company at: [email protected] shall be the effective and binding method of communication.
If the dispute cannot be resolved by means of negotiation within 30 calendar days, it shall be referred to and finally resolved by the appropriate court under the law of the State of California.
Miscellaneous
Severability. This Agreement shall supersede any other arrangements between you and us regarding the matter of subject of this Agreement as well as all prior versions thereof. Should any provision of this Agreement (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or this Agreement as a whole.
Waivers. Our failure to assert any right or provision in this Agreement shall not constitute a waiver of such right or provision.
Public Announcements. You acknowledge and authorize us to make public announcements regarding the status of the business relationship between you and us, and include your logos within presentations, our Website or in meetings and interviews in the course of our business.
Termination. This Agreement shall be valid until our cooperation is terminated either by you or us. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate this Agreement or suspend your right to access the Services, including (but not limited to) in case of your breach of this Agreement or if we believe that you have committed fraud, negligence or other misconduct.