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Terms of service

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND BOCTOR DESIGN LLC. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE APPVINE SERVICE.

By using the service provided on the AppVine iPhone Application (“Service”), a service of Boctor Design LLC, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Use of Your AppVine Account

  1. You must use a valid email address for your AppVine account.
  2. You must not use the Service for any illegal or abusive purposes.
  3. Only one account per person or legal entity is allowed.
  4. You are solely responsible for the security of your account and keeping your password safe.

Payment and Billing

  1. You must provide AppVine with accurate billing information and keep this information up to date. This applies to all paid accounts.
  2. By subscribing to the Service you give AppVine the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
  3. The AppVine Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
  4. Your AppVine account will be renewed automatically until you cancel the Service.
  5. You are responsible for all charges incurred related to your AppVine account, including any applicable taxes or extra service fees.

Refund Policy

  1. Payments are generally non-refundable, but if within 7 days of your payment there are unusual circumstances, email us at hello@theappvine.com
  2. Once you cancel your paid account, you won't be charged again

Cancellation and Termination of Service

  1. You may at any time cancel your paid AppVine account by emailing us at hello@theappvine.com
  2. Any abuse of the Service will lead to termination of your account. AppVine reserves the right to decide what is considered abuse of the Service.

Use of Customer’s Name and Company Name

  1. AppVine reserves the right to use your name and/or company name as a reference for marketing or promotional purposes in the AppVine iPhone App, AppVine website and other communication with existing or potential AppVine customers.

Analytics

  1. AppVine reserves the right to anonymously track and report your activity inside of the AppVine app. This activity is collected anonymously and without any personally identifiable information.

Changes to Terms of Service

  1. These Terms of Service may be updated from time to time without prior notice. The current Terms of Service are always available at http://theappvine.com/terms.html

Disclaimer

  1. The AppVine Service is provided “as is” and “as available”.
  2. AppVine reserves the right to modify the Service from time to time at any time, including adding and removing features and package types.
  3. AppVine reserves the right to discontinue the Service at any time after a 30-day notice via email.
  4. AppVine reserves the right to change the prices for the Service and any connected extra services at any time.
  5. AppVine gives no warranties regarding the correctness of the data collected with the Service or any potential corruption or loss of such data.

Limitation of Liability

  1. You expressly understand and agree that AppVine shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AppVine has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the AppVine service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the AppVine service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the AppVine service; or 5. any other matter relating to the AppVine service.
  2. Any decisions or claims you make based on data from the AppVine Service are your sole responsibility. AppVine shall not be held liable for any such decisions or claims.
  3. In no event shall AppVine's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnification

  1. You agree to indemnify, defend and hold harmless AppVine and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the AppVine service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  2. You agree to immediately notify AppVine of any unauthorized use of your account or any other breach of security known to you.

Other

  1. If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.

Dispute

  1. The Terms, and your relationship with Boctor Design under the Terms, shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You and agree to submit to the exclusive jurisdiction of the courts located within the county of King County, Washington to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Boctor Design shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.