1. ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to Appy Hotel (hereinafter “we” “us” “our” “the Company”or “Appy Hotel”).
1.2 Your use of any of Appy Hotel’s websites, services, application programming interfaces (hereinafter “APIs”) or software (collectively, the “Appy Hotel Service”) is subject to these terms of service (the “Terms of Service”) in effect at the time of your use. Appy Hotel’s Terms of Service commences from the time you sign up for our free trial account and governs for the entire duration of your use of our services. Appy Hotel reserves the right to update and change these Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Service will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Appy Hotel as of the date the changes take effect and (ii) Appy Hotel has actual notice of the dispute as of the date the changes take effect.
1.4 Your use of the Appy Hotel APIs is also subject to the Appy Hotel API Terms of Service in effect at the time of your use, which are incorporated herein as though set forth in full.
1.5 Your use of the Appy Hotel Service may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific website, service, API, software, service level or version. In the event of any conflict between these Terms of Service and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these Terms of Service regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Service will control.
1.6 By signifying your acceptance of these Terms of Service including but not limited to making any use of the Appy Hotel Service, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative, whether or not you were explicitly or implicitly given permission, of a corporation or other legal entity to sign up for and/or use the Appy Hotel Service, then you represent and agree that you have the full legal authority to accept these Terms of Service on behalf of such corporation or legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
1.7 By signing up and/or creating an account with Appy Hotel, you agree to receive occasional emails from us regarding your account and/or Appy Hotel in general, including but not limited to new feature launches, marketing tips, questionnaires, etc.
2. YOUR ACCOUNT
2.1 The Appy Hotel Service is not intended for users under the age of majority. By signifying your acceptance of these Terms of Service or making any use of the Appy Hotel Service, you represent and warrant that you are of the age of majority in effect in the jurisdiction for download and/or use.
2.2 Appy Hotel can refuse registration of, suspend, delete, or cancel, any account at its sole discretion and at any time, with or without notice to the user.
2.3 Your account will be accessed through a user ID and password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify Appy Hotel of any unauthorized use of your Credentials. Appy Hotel will not bear any fault, liability or responsibility regarding Credentials.
2.4 Using your account, you may access and participate in the Appy Hotel Service, including viewing, posting and responding to communications on and through the Appy Hotel Service.
2.5 Commencing in January 2015, Appy Hotel will freeze, disable, inactivate, turn off, delete and/or suspend your account on Appy Hotel which was created but not upgraded to a paying account though credit card payment within fourteen (14) days counting from the sign up date, with or without notice.
2.6 Current clients signed up on Appy Hotel’s free packages will receive fourteen (14) days to upgrade their account to any of paying packages until Appy Hotel will freeze, disable, inactivate, turn off, delete and/or suspend your account. Current sign ups on Apy Hotel’s free package may or may not be notified.
3. CONTENT AND INTELLECTUAL PROPERTY
3.1 Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on or through the Appy Hotel Service belongs to you and you may use it in any way without restriction. But by using the Appy Hotel Service, you are granting Appy Hotel and certain third parties permission to view and/or use your Content as described in these Terms of Service.
3.2 By using the Appy Hotel Service, you are granting Appy Hotel a non-exclusive, worldwide, royalty-free, sub-licensable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the Appy Hotel Service and on and through services affiliated with Appy Hotel, regardless of the form of media used or of whether such services now exist or are developed in the future.This grant of right is given to Appy Hotel by you in perpetuity and is irrevocable after given by you. If you post Content on or through the Appy Hotel Service, you represent and warrant that you have full legal rights to ownership, use, distribute, upload, share, post said Content and to grant the above rights to Appy Hotel.
3.3 Appy Hotel may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Appy Hotel, its users and the public.
3.4 You understand that posting your Content on or through the Appy Hotel Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that Appy Hotel and/or any past, present or future client of Appy Hotel (each, a “Client”) may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that Appy Hotel and its Clients are explicitly relying on such representations and agreement with regard to your Content:
3.4.1 The Content represents your own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service.
3.4.2 Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with Appy Hotel or any of its Clients or obligate Appy Hotel or any of its Clients to treat your Content (or any related materials) as secret or confidential.
3.4.3 Appy Hotel and/or any of its Clients may give your Content such consideration as is warranted by their respective judgments. Review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Neither Appy Hotel, nor any of its Clients, is obligated to give reasons for making use of or rejecting your Content or to reveal its activities that are related to your Content.
3.4.4 Neither Appy Hotel nor any of its Clients has any obligation, either express or implied, to make any use of your Content. However, if Appy Hotel and/or any of its Clients do make use of your Content, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Content.
3.4.5 Neither Appy Hotel nor any of its Clients assumes any obligation with respect to any of your Content except as set forth in these Terms of Service, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to Appy Hotel or any of its Clients’ user of your Content shall be as described in these Terms of Service and as existing under the patent laws of the appropriate jurisdiction.
3.4.6 If your Content is the subject of a pending or issued patent, copyright, or trademark matter you have disclosed or will disclose that fact in connection with posting your Content on or through the Appy Hotel Service. To the extent you hold a patent, copyright, or trademark right and/or ownership in the Content, no license under any patent, copyright, or trademark is herein granted. Any license to use patented, copyright, or trademark Content shall be in the form of a separate written contract, in which event your, Appy Hotel’s and/or any of its Clients’ respective obligations shall be only those expressed in such separate written contract.
3.4.7 You hereby irrevocably release and forever discharge Appy Hotel and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Content, with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Content.
3.5 Content posted by another person or company on or through the Appy Hotel Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the Appy Hotel Service as Appy Hotel may make available.
3.6 Appy Hotel owns the Appy Hotel Service as a whole, including all computer code, graphics, user interfaces, domain name, server account, Appy Hotel website, developer accounts, audiovisual content, marketing materials, used to provide the Appy Hotel Service, and the combination of all the elements on the Appy Hotel Service. The Appy Hotel Service as a whole, including but not limited to the computer code of the Appy Hotel Service, the user interface and graphic elements are all copyrighted works of Appy Hotel. Various other aspects of the Appy Hotel Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret of various countries.
3.7 Appy Hotel owns all right, title and interest in and to the Appy Hotel Service. Appy Hotel reserves all rights to the Appy Hotel Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the Appy Hotel Service and you do not have the right to index or aggregate any portion of the Appy Hotel Service (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the Appy Hotel Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Appy Hotel Service.
4. CODE OF CONDUCT
4.1 Appy Hotel shall immediately terminate without notification to the user Apps that violate these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of the Appy Hotel Service.
4.2 Appy Hotel will use common sense and business sense regarding Content or behavior allowed on or through the Appy Hotel Service. Examples of unacceptable Content or behavior, which are grounds for immediate termination without notice from Appy Hotel, include:
4.2.1 Abuse, harassment, threats, flaming or intimidation of any person or organization.
4.2.2 Engaging in or contributing to any illegal activity or activity that violates others’ rights.
4.2.3 Use of derogatory, discriminatory or excessively graphic language.
4.2.4 Providing information that is false, misleading or inaccurate.
4.2.5 Hacking or modifying the Appy Hotel Service or another Web site to falsely imply an association with Appy Hotel.
4.2.6 Implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization.
4.2.7 Transmitting worms, viruses or harmful software.
4.2.8 Sending unwanted messages to other users (aka “spam”).
4.2.9 Disclosing personal or proprietary information of another person or organization.
4.2.10 Providing, showing, commenting, alluding to pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings”
4.2.11 Containing user generated content that is frequently pornographic (ex “Chat Roulette” apps)
4.2.12 Containing references or commentary about a religious, cultural or ethnic group that are defamatory, offensive, mean-spirited or likely to expose the targeted group to harm or violence. App may contain or quote religious text provided the quotes or translations are accurate and not misleading. Commentary should be educational or informative rather than inflammatory.
4.2.13 solicit, promote, or encourage criminal or clearly reckless behavior
4.3 Appy Hotel cannot and need not control all Content posted by third parties on or through the Appy Hotel Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Appy Hotel Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that under no circumstances will Appy Hotel be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. Urgent issues can be reported to firstname.lastname@example.org.
4.4 All Apps must comply with all legal requirements in any location where they are made available to end-users. It is the users’ obligation to understand and conform to all local laws and users agree to hold Appy Hotel harmless, either directly or indirectly, for any and all claims which may be brought against Appy Hotel for violation of any local laws where the end user downloads, uses, shows the App. If said damages involves damages, either compensatory punitive or special, the user agrees to bear all financial and/or legal responsibility whether in law or restitution.
5. INTERNATIONAL USE
5.1 The Appy Hotel Service is hosted in by Apple in the United States. If you use the Appy Hotel Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including Personal Information) to the United States and agree that Appy Hotels’s collection, use, storage and sharing of your information is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. Under some circumstances, the laws of Hong Kong may apply as Appy Hotel is incorporated in Hong Kong.
5.2 You will comply with all Hong Kong rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located as Appy Hotel is incorporated in Hong Kong. Additionally or separately, You will comply with the Hong Kong Intellectual Property Laws.
6. COPYRIGHT INFRINGEMENT
6.1 Copyright Infringement Notices. If you believe that any material available on or through the Appy Hotel Service violates your copyright, you may send Appy Hotel a copyright infringement notice and include substantially all of the following:
6.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.1.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
6.1.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Appy Hotel to locate the material. Appy Hotel requests that complete URLs for each instance of the allegedly infringing material be provided.
6.1.4 Information reasonably sufficient to permit Appy Hotel to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
6.1.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6.1.6 A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
6.1.7 Your written copyright infringement notice must be sent to Appy Hotel’s designated copyright agent via mail or email. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6.2 Copyright Abuse Policy.
Appy Hotel will terminate, in appropriate circumstances, account holders of Appy Hotel’s system or network who are repeat copyright infringers in addition or reserving the right to pursue any and all legal claims for injunctions or damages.
7. CANCELLATION AND TERMINATION
7.1 Appy Hotel, in its sole discretion and without notice to you, may terminate, suspend or delete your password and/or account and remove and discard any Content within the Appy Hotel Service for any reason, including and without limitation including but not limited to lack of use, or if Appy Hotel believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Appy Hotel’s discretion, will be terminated as well.
7.2 Appy Hotel, in its sole discretion and at any time, may discontinue providing the Appy Hotel Service, or any part thereof, with or without notice. Any termination of your access to the Appy Hotel Service under any provision of these Terms of Service may be effected without prior notice. Appy Hotel may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the Appy Hotel Service. Appy Hotel will not be liable to you or any third party for any termination of your access to the Appy Hotel Service.
7.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the Appy Hotel Service may be, but is not required to be, deleted by Appy Hotel. Appy Hotel will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
8. ADDITIONAL TERMS APPLICABLE TO CLIENTS of APPY HOTEL
8.1 If you are a Client of the Appy Hotel Service, the following terms shall apply to you.
8.2 Subscriptions to the Appy Hotel Service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the Appy Hotel Service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at Appy Hotel’s discretion, with or without notice to you. Appy Hotel may, but is not obligated to, notify each user upon any change.
8.3 In order to subscribe to the Appy Hotel Service, you may be required to provide Appy Hotel with billing and account information (“Billing Information”) for a credit card, payment card or another payment system for which you are authorized to approve charges (each, a “Payment Source”) to allow Appy Hotel to collect payment from you for your use of the Appy Hotel Service. You must provide Appy Hotel with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
8.4 Unless other payment arrangements have been made in advance and confirmed by Appy Hotel, you authorize Appy Hotel to automatically and immediately bill your Payment Source when charges for your use of the paid version of the Appy Hotel Service are due, without any further action on your part or other prior notice on the part of Appy Hotel. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
8.5 If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the Appy Hotel Service when due, your account may be downgraded, suspended or cancelled, at Appy Hotel’s discretion. If your account is suspended, Appy Hotel may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
8.6 Unless stated to the contrary, all charges for paid versions of the Appy Hotel Service are non-refundable, even if your use of the paid version of the Appy Hotel Service is cancelled before the end of your current billing period.
8.7 Unless stated to the contrary, all currency references in paid versions of the Appy Hotel Service are in U.S. Dollars or English Pounds.
8.8 In addition to any other remedies available to Appy Hotel, you may be required to pay a late fee of one percent (1%) per month (or the maximum amount permitted by applicable law, whichever is less) for any late payments hereunder.
8.9 You are solely responsible for any and all taxes, levies, charges, bank charges, transfer fees, currency differences if applicable, and other payment transfer related fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by Appy Hotel. All fees stated for use of the Appy Hotel Service are net of any applicable taxes.
8.10 Appy Hotel grants to you, commencing on the effective date of your subscription to the Appy Hotel Service (the “Effective Date”) and continuing thereafter for the term of your subscription (unless terminated earlier pursuant to these Terms of Service), a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the then-current versions of the Appy Hotel Service to which you have subscribed for the purposes of creating, maintaining and administering a marketing and sales tool for your hotel property. The Appy Hotel Service is licensed hereby, not sold.
8.11 “Client Content” means any content owned, controlled or licensed by you. You hereby grant to Appy Hotel a non-exclusive, transferable, worldwide, royalty-free, limited license to reproduce, create derivative works from, distribute, perform, display and otherwise use the Client Content for the sole purpose of providing the Appy Hotel Services.
8.12 “User Content” means any content uploaded to Appy Hotel Services by any user of the Services. To the extent of your rights in and to the User Content, you hereby grant to Appy Hotel a non-exclusive, transferable, worldwide, royalty-free, perpetual license to reproduce, create derivative works from, distribute, perform, display, and otherwise use the User Content (i) for the sole purpose of providing the Appy Hotel Service, (ii) for use in and through Appy Hotel’s APIs to the extent authorized by the user of the Services who made the User Content available to Appy Hotel, (iii) for syndicating the User Content to third parties to the extent authorized by the user of the Services who made the User Content available to Appy Hotel and (iv) to retain the User Content to the extent authorized by the user of the Services who made the User Content available to Appy Hotel.
8.13 To comply with applicable laws and lawful governmental requests, to protect Appy Hotel’s systems and customers, or to ensure the integrity and operation of Appy Hotel’s business and systems, Appy Hotel may access, store and/or disclose any information stored or transmitted on or through the Services which Appy Hotel considers necessary or appropriate, including, without limitation, user information, IP address and traffic information, usage history, Client Content and User Content. Appy Hotel also reserves the right to report any activity that it suspects violates any law, rule or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.
8.14 You may not assign your subscription to the Appy Hotel Service, and such any assignment by you will be null and void; provided, however, that you may assign your subscription to the Appy Hotel Service to its successor in interest.
8.15 You are bound by the terms and conditions contained in App Store Marketing Guidelines accessible at https://developer.apple.com/appstore/AppStoreMarketingGuidelines.pdf
APPY HOTEL HEREBY DISCLAIMS ANY LIABILITY FOR ANY VIOLATIONS OR NON-COMPLIANCE TO THE APP STORE MARKETING GUIDELINES SHOULD YOU WISH TO USE ANY APP STORE AND/OR APPLE MARKETING MATERIALS FOR ANY OF THE HOTEL’S MARKETING CHANNELS. IF THIS SITUATION WERE TO ARISE, NEITHER APPY HOTEL NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. YOU AGREE TO HOLD APPY HOTEL HARMLESS AND INDEMNIFY APPY HOTEL IN THIS CIRCUMSTANCE.
9. GENERAL TERMS
9.1 These Terms of Service will remain in full force and effect while you use the Appy Hotel Service. Those terms that can continue to operate after you stop using the Appy Hotel Service (including without limitation your Content license to Appy Hotel and the General Terms in this Section), will survive after you stop using the Appy Hotel Service.
9.2 You agree to indemnify and hold Appy Hotel, its parents, subsidiaries, partners, channels, affiliates, shareholders, directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the Appy Hotel Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the Appy Hotel Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
9.3 THE APPY HOTEL SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE APPY HOTEL SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE APPY HOTEL SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPY HOTEL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, APPY HOTEL AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE APPY HOTEL SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. APPY HOTEL DOES NOT WARRANT THAT THE APPY HOTEL SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPY HOTEL SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM APPY HOTEL OR THE APPY HOTEL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
9.4 NEITHER APPY HOTEL NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APPY HOTEL’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO APPY HOTEL FOR THE APPY HOTEL SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).
9.5 The scope of use for Appy Hotel is FOR HOTELS ONLY; USE OF OUR SERVICE BY NON-HOTEL BUSINESSES IS STRICTLY PROHIBITED. USE BY NON-HOTELS WILL RESULT IN THE APP AUTOMATICALLY BEING TERMINATED, DELETED AND/OR DESTROYED BY APPY HOTEL AND/OR ITS AFFILIATES. Additionally, use, sign-up, and/or distribution of the App by non-hotel businesses shall be subject to liability and/or legal claims by the Company, Apple, Google, and/or any third party whose interests concern this scope limitation.
9.6 Appy Hotel shall not be held liable for cancellation or termination of its services in the event that Apple and/or Google forbids, disallows, prevents or otherwise makes its services unavailable for the delivery of our App services through iTunes or another Apple platform and/or by Google through the Play Store. If this occurs, Appy Hotel shall terminate effective immediately all subscription charges to clients with or without notification to users; however, Appy Hotel will not reimburse any previous payments made prior to this event including but not limited to deposit payments. In this situation, NEITHER APPY HOTEL NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA.
9.7 Appy Hotel reserves the right to use any App (including texts, photos, logos, etc) registered and/created by any person for any hotel, whether the user has a free or paid account, at any time for promotional and advertising purposes; this also includes the users’ commercial and proprietary content, text, logo, brand, signage, images, photographs, perspectives, and other materials. Appy Hotel has sole discretion to use any Apps on its server for any advertising and promotional services at any time. By signing up for and using Appy Hotel’s services, you are consenting to and providing permission to this usage.
9.8 These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between Appy Hotel and you regarding the Appy Hotel Service. Any dispute arising from or related to these Terms of Service will be governed by the laws of Hong Kong without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by an arbitration board pursuant to the Hong Kong International Arbitration Centre’s rules applicable to commercial disputes. The arbitration will be held in Hong Kong and conducted in the English language.
9.9 WAIVER – Appy Hotel’s failure to enforce your strict performance of any section of this Terms of Service will not constitute a waiver of Appy Hotel’s right to subsequently enforce such a provision or any other section of this Terms of Service.
9.10 If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be fully enforceable.
9.11 TRADEMARK AND INTELLECTUAL PROPERTY OF APPLE PRODUCTS AND SERVICES. Apple, the Apple logo, iPad, iPhone, iPad mini and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. iTunes is for legal or rightholder-authorized copying only. Don’t steal music. Android is owned by Google.
9.12 INDEMNITY CLAUSE – You, including your affiliated parties, agree to indemnify and hold harmless Appy Hotel, its subsidiaries, affiliates, partners, directors, officers, employees, agents, shareholders, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees (any or all of the foregoing hereinafter referred to as “Losses”), at law or in restitution, and for any and all areas of law including but not limited to intellectual property law, insofar as such Losses, or actions in respect thereof, arise out of or are based on any claim not attributable to Appy Hotel.
10. WHITE-LABEL APPS POWERED BY APPY HOTEL
10.1 Company will not develop and deliver a new back-end for users; the back-end will be the current back-end of Appy Hotel currently in place in the English language only..
10.2 Under no circumstance will Company deliver unique codes, files, graphics, database, etc., which are considered proprietary materials to Company; Buyer is paying for a service and a limited license to use only.
10.3 Company cannot and will not guarantee that any white-label Apps will be accepted by either Apple Inc. or Google when submitting the Apps for approval. Under this circumstance, deposit payment will not be reimbursed to Buyer.
10.4 All features on the white-label app are the same as that of Appy Hotel’s current version; New features and/or platform requests may be added to Appy Hotel’s entire ecosystem but such addition or changes will be solely the decision and discretion of Company. Requests for new features and new platforms cannot be added for one or several white-label apps powered by Appy Hotel.
10.5 Hotels on Company’s white-label platforms will also be listed on Appy Hotel’s database; Company reserves the right to maintain this listing with no exceptions unless a separate agreement is entered into by Company and the client.
10.6 Company will not begin any work on the App until deposit or full payment is received as per the signed Proposal by and between you and the Company; Company shall not submit Apps to the App Store or Play Store for approval until the full remaining payment is received. This may vary on a case-by-case basis and will be notified in writing by the Company.
10.7 Company must receive payment in full prior to submitting the single or group Apps to Apple and Google; if full payment is not received the white-label app will not be submitted for approval.
10.8 In the event of an advance payment transfer i.e. for 6 months or 12 months, the tolling will commence upon approval from Apple or Google, whichever is later.
10.9 Logo and name of the single or group App can never be revised or amended due to Apple Inc’s policy; request for change may result in the app being removed from the App Store permanently. The name must not exceed 12 characters per Apple Inc’s policy, or a suggested length as advised by Company depending on the particular name to be used. Your approval and confirmation to us in writing to select the logo and name will be considered final.
10.10 The graphics and rendering of the landing page for a Group App will be done by Company one time for approval; if after this initial approval requests for revision, changes, additions of new content or information may incur additional charges at Company’s discretion. Company will send written notification regarding any additional charges on a case-by-case basis.
10.11 All uploading of content, text, images, photos are to be done by the hotel staff; Company can provide this service but additional charges may occur. Charges are to be informed in writing by Company on a case-by-case basis.
10.12 White-Label Apps for single hotels will not contain the landing page; white-label apps for hotel groups will contain a landing page listing all hotels in simple listing format only.
10.13 Company will provide an instruction sheet to explain all information and files required by Google and Apple for white-label apps. You are responsible for providing all requested information to Company in order for Company to submit your App. Company is not responsible for delivering these requested items, except those explicitly listed or agreed to by Company.
10.14 If payment is completed by bank transfer, the currency labelled in the signed Proposal must be used and transfer must be made to Company’s official bank account as detailed in the signed Proposal.. Any and all bank fees, transfer charges, currency conversion fees, taxes, etc., are to be borne by the buyer with no exceptions; Company will not cover these fees. Payments falling short of the total amount stated on the Invoice and/or Proposal will be deemed an incomplete payment; payment will considered to be paid in full when such charges are covered by buyer. On a case-by-case basis this can be satisfied by a top-up on the subsequent payment outstanding to Company, as confirmed by Company to you in writing.
10.15 Turn around time for Company’s work on a white-label app is up to thirty (30) days; turn around time for Apple and/or Google’s approval of a white-label app is up to four (4) weeks. Company is in no way liable, responsible or at fault for the time taken by Apple or Google for app approval and you agree to hold Company harmless in law and restitution.
10.16 If you decide to cancel or terminate your white-label app during the contract period for any reason, Company will not reimburse any fees under any circumstance.
11. Responsive Websites
11.1 Responsive Websites powered by Appy Hotel are the rightful property of Appy Hotel. All sections above including but not limited to scope, privacy, ownership. intellectual property, indemnity all apply and take full effect.
11.2 Responsive Websites sold are as detailed on www.appysphere.com
11.3 You are solely responsible in following all instructions and steps provided by Appy Hotel. Failure to do so will release Appy Hotel of any and all liability and you agree to hold Appy Hotel harmless in law and restitution.
11.4 Responsive Websites are provided as opt-in services and Appy Hotel shall not cover these opt-in actions; requesting Appy Hotel to do so may incur additional expenses and decided solely at the discretion of Appy Hotel. Requests for custom features not offered on Appy Hotel’s basic template will incur a custom development fee on a case-by-case basis.
11.5 Buyer is responsible and fully liable for any and all issues related to, connected with, resulting from domain registration and hosting of its website.
Any questions about these terms and conditions should be addressed to email@example.com.
13. UPDATED LAST
Last updated January 2015
2. COLLECTION OF PERSONAL INFORMATION
2.1 When you register for the Appy Hotel Service, we ask for information including but not limited to your full name, company name or affiliation and email address.
2.2 Appy Hotel collects the email addresses of people who communicate with Appy Hotel via email, create accounts, download the Services, and/or post topics.
2.3 Appy Hotel may also collect Personal Information volunteered by users (such as through posts, survey information and/or site registrations). When you post content on or through the Appy Hotel Service, please keep in mind that any Personal Information you post may be viewed by others.
2.4 Appy Hotel may collect billing and account information for credit cards, payment cards or other payment systems from clients of paid versions of the Appy Hotel Service and share this information with Appy Hotel’s billing and payment processor(s). Appy Hotel does not store credit card or payment card numbers after they have been forwarded to its billing and payment processor(s).
2.5 Appy Hotel may collect information about your transactions with us and/or with our business partners and/or resellers at our discretion. This information might include information necessary to process payments, such as billing information and your credit card number.
2.6 Appy Hotel may receive information about you from our business partners with which you have an account, service relationship or transaction history.
2.7 Appy Hotel may obtain information about you from service providers engaged in the business of marketing data.
2.8 Appy Hotel may receive Personal Information from third parties when you authorize such third parties to authenticate or identify you to Appy Hotel or sign in to the Appy Hotel Service using credentials from a third party service.
3. USE OF PERSONAL INFORMATION
3.1 Appy Hotel uses Personal Information it collects for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, research, analytics and reporting.
3.2 To receive optional email messages such as newsletters, you will be required to provide us with your email address. In addition to these optional email messages, Appy Hotel may contact you via any email address you provide to us with transactional or relationship messages such as account status messages, security updates or notifications of changes in the terms of your account or the Appy Hotel Service. These types of transactional or relationship email messages are not optional.
3.3 Appy Hotel may automatically receive and record information on our server logs from your browser, including your IP address, cookies and the pages you request. This information may be used for various purposes, including to:
3.3.1 Diagnose and prevent service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
3.3.2 Estimate the total number of users visiting the Appy Hotel Service from specific geographical regions.
3.3.3 Help determine which users have access privileges to certain content, services or resources that we offer.
3.3.4 Estimate and report our total audience size and traffic.
3.3.5 Conduct research to improve the Appy Hotel Service.
3.3.6 Help combat fraud and abuse.
3.3.7 Provide analytics and reporting.
3.4 Appy Hotel may combine information about you in our possession with information we obtain from business partners or others.
4. SHARING OF PERSONAL INFORMATION
4.2 Appy Hotel may share your Personal Information when you have authorized Appy Hotel to do so, when it is necessary to complete a transaction, to operate or improve the Appy Hotel Service or to take some action that you have asked us to do.
4.4 Appy Hotel may share Personal Information under the following circumstances:
4.4.2 We may share your Personal Information to respond to subpoenas, court orders, or legal process, to establish or exercise our legal rights, to defend against legal claims or in such circumstances where, in our judgment, disclosure is required or appropriate.
4.4.3 We may share your Personal Information if we believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our various terms of service or as otherwise required by law.
5.1 A “cookie” is a small amount of data, which typically includes an anonymous unique identifier, that is sent to your browser and stored on your computer’s hard drive when you view a Web page, an advertisement, a video or other types of content. You can configure your browser to accept all cookies, reject all cookies or notify you when a cookie is set. If you reject all cookies, or specifically reject cookies set by Appy Hotel, you may not be able to take full advantage of features of the Appy Hotel Service that require you to be signed in to your account or otherwise identify yourself.
5.2.1 Identify you as an account holder.
5.2.2 Require you to re-enter your password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.
5.2.3 Keep track of preferences you specify while you are using Appy Hotel’s Sites, Services and Software.
5.2.4 Estimate and report our total audience size and traffic.
5.2.5 Conduct research to improve the Appy Hotel Service.
6. INFORMATION RELATING TO CHILDREN
6.1 We do not knowingly collect or solicit Personal Information from children under the age of majority or knowingly allow children under the age of majority to register for the Appy Hotel Service. If you are under the age of majority, do not register or attempt to register for any of the Appy Hotel Service or send any information about yourself to us. No one under the age of majority may provide any Personal Information to, on or through the Appy Hotel Service.
6.2 If we learn that we have collected or been sent Personal Information from a child under the age of majority, we will delete that Personal Information as soon as reasonably practical. If you believe that we might have collected or been sent Personal Information from a child under the age of majority, please contact our Support team.
7. DATA WE COLLECT OTHER THAN PERSONAL INFORMATION
7.1 In addition to Personal Information, we collect data on your use and interaction with the Appy Hotel Service. Data which we obtain about you, other than Personal Information, is the exclusive property of Appy Hotel and may be used by Appy Hotel in any manner permitted by applicable laws.
8. RETENTION OF PERSONAL INFORMATION AND OTHER DATA
8.1 Appy Hotel reserves the right to retain your Personal Information, other data collected about you and content you submit to or through the Appy Hotel Service to the extent required by applicable laws, rules and regulations and as reasonably necessary to protect our legal interests and operate our business.
9. DATA TRANSMISSION AND STORAGE
9.1 No data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
10. INTERNATIONAL USE
10.1 The Appy Hotel Service is hosted in by Apple in the United States. If you use the Appy Hotel Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including Personal Information) to the United States and agree that Appy Hotels’s collection, use, storage and sharing of your information is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. Under some circumstances, the laws of Hong Kong may apply as Appy Hotel is incorporated in Hong Kong.
12. UPDATED LAST
12. Last updated June 25, 2014