Terms and Conditions
Effective: January, 18th 2017
We reserve the right to change, alter, add to, delete or otherwise or amend (“Amendment”) any term herein or to any portion of our Services. An Amendment may occur at any time, with said Amendment being immediately effective upon an updated version of these Terms being placed on our website located at www.appinterim.com. You are responsible for and agree to regularly review these Terms and agree to accept any Amendments by your use of our Services. By use of our Services you further agree that adequate and constructive notice has been provided to you of any Amendments to these Terms.
Your use of our services shall act as your acceptance and understanding of these terms and your acknowledgment that you will comply with these terms. If you do not agree to any term herein you must immediately cease use of our services. failure to use our services in accordance with these terms may subject you to civil and criminal penalties.
A. Our services. We provide a social network platform based on an app endowed with a smart and instant language translation program. To use our app, a user downloads our app and then creates a user profile creating a username and providing personal information, which may include, and may not be limited to email address, Country dialing code, phone number, Country of residence, language preference and interests.
1. Providing Information. To use our Services, you may be asked to provide certain personal information to create a profile. You are solely responsible for maintaining the confidentiality of the information and for restricting access to your account. Any information provided to us by you in conjunction with your profile must be complete, current and accurate. We are not responsible for any information provided by you that is incorrect or out of date.
2. Profile Limit. Each profile is limited to one (1) person. Sharing accounts or acting as an agent on behalf of a third-party is prohibited.
3. License. When you use our Services you are granted a limited, revocable license to access and use our Services, which you will be permitted to use in strict accordance with these Terms. This license is strictly limited to you, the user, and sharing the limited, revocable license is strictly prohibited.
4. Loss of Access. We are not responsible for the loss of access for whatever reason to our Services, including to our App. In the event you lose access to our Services you may be required to confirm your identity or create a new profile to regain access.
5. Unauthorized Use/Distribution. Unauthorized use or distribution of our Services, including our App, will disable the use of our Services and will result in the termination of your membership. Only we, in our discretion, are responsible for determining whether your use of our Services is unauthorized.
6. Age. You must be at least 13 years old to use our Services (or such greater age required in your country for you to be authorized to use our Services without parental approval). In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
7. Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.
8. Fees and Taxes. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.
C. Limitations on use. Without limitation, you agree to refrain from the following actions while using our Services: (1) interfering with or infringing on the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others, including against us; (2) using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part or aspect of our Services unless expressly permitted by us in writing; (3) taking any action to create a disproportionately large usage load on our Services unless expressly permitted by us in writing; (4) sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element; (5) gaining or attempting to gain unauthorized access to nonpublic areas of our Services; (6) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of our Services; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of our Services, its content or information available from our Services without the our written consent; (7) engaging in or assisting another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity; (8) violating, misappropriating, or infringing on our rights or the rights of others, including privacy, publicity, intellectual property, or other proprietary rights; (9) engaging in or promoting behavior that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (10) promoting or publishing falsehoods, misrepresentations, or misleading statements; (11) impersonating someone; (12) any non-personal use of our Services unless otherwise authorized by us, or (13) failing to comply with all applicable laws, statutes, regulations, and ordinances.
D. Fees. We do not impose a fee to use our Services. In the event we do decide to impose a fee, an Amendment to these Terms shall be made.
F. Termination and limits of access. We retain the irrevocable right to terminate your right to access our Services, with or without notice, if we believe you have violated this any part of these Terms or if we believe, in our discretion, that termination or limiting your access to our Services would be in our best interest. You agree to not hold us liable for such termination or limitation, and further agree not to attempt to use our service after termination.
G. No third-party beneficiaries. You agree that, except as otherwise provided in these Terms, there shall be no third-party beneficiaries to these Terms.
H. Copyright and trademarks. All materials and services we offer and provide including, without limitation, our Services, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to us. Materials from our Service and from any other website or app owned, operated, controlled, or licensed by us must not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our explicit consent in writing.
I. Notification of infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us by email at firstname.lastname@example.org (please put “Copyright Infringement” in the email’s subject line): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on our Service; (4) your name, address, telephone number and email address; (5) A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
J. Confidentiality. By using our Services, you agree to use the same degree of care to protect our Confidential Information that you use to protect the confidentiality of your own confidential information of like kind (but in no event less than reasonable care) and to not disclose or use any Confidential Information for any purpose outside the scope of these Terms. “Confidential Information” means all information disclosed by us to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and/or the circumstances of disclosure. Confidential Information will include, but is not limited to, business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by us.
K. Release. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of our Services will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from us. You hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users of our Service or your experience as a user of our Service. If you are a California resident, then you agree to waive California Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
L. Disclaimer of warranties. Your use of our services is at your sole risk. our services are provided on an “as is” and “as available” basis. We do not represent or warrant that (1) our services will meet your requirements; (2) our services will be uninterrupted, timely, secure, or error-free; (3) any information that you may obtain through our services will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through our services will meet your expectations; or (5) that any errors in any data or software will be corrected. We further disclaim any guarantee or warranty that (1) language translation by our services will be correct and error free and (2) that other users will correctly interpret anything translated by our services. Typographical errors or mistakes made by you while using our services will reduce the ability of our services to correctly translate what is written. If you download, access or transmit any content through the use of our services you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage arising out of such use or transmission. No data, information or advice obtained by you in oral or written form from us or through or from our services will create any representation or warranty. Use of our services is at your own risk. On behalf of ourselves and our agents and subcontractors, we do not make, and hereby disclaim, any and all express and implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice.
M. Disclaimer of actions caused by and/or under the control of third parties. We do not warrant that our services will be uninterrupted, error-free, timely or completely secure. We do not and cannot control the flow of traffic or data to or from the internet. Such flows depend in large part on local weather and traffic conditions and the performance of internet services provided or controlled by third parties. At times, local weather and traffic conditions and/or actions or inactions of third parties can impair or disrupt the services (or portions thereof). We cannot guarantee that such events will not occur. Accordingly, we disclaim any and all liability resulting from or related to such events.
N. Indemnity. You shall defend, indemnify and hold us (and each of our officers, directors, agents and employees) harmless from any claim, including third-party claims, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (i) your use of our Services; or (ii) allegations of facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. We shall not be liable for damages of any kind (including, but not limited to, any direct, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: (a) the use or inability to use our services; (b) harm or damage to your property as a result of using our services; (c) disclosure of, unauthorized access to or alteration of your content; (d) any harm to you caused in whole or part by a third party, including but not limited to any other user of our services; (e) statements, conduct or omissions of any user or other third party using our services; or (f) your or anyone else’s conduct or acts in connection with the use of our services, including without limitation from interactions with other users of our services or persons introduced to you by our services, whether on-line or off-line. In no event will our aggregate liability to you or any third party in any matter arising from or relating to with our services or these terms exceed the sum of one hundred U.S. dollars ($100).
O. Dispute resolution. These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to conflict of laws principles. These Terms will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act, even if that law is adopted in Massachusetts. Notwithstanding the foregoing, except with respect to enforcing claims for injunctive or equitable relief, any dispute, claim or controversy arising out of or relating in any way to these Terms or the interpretation, application, enforcement, breach, termination or validity thereof (including any claim of inducement of these Terms by fraud and including determination of the scope or applicability of this agreement to arbitrate) or its subject matter (collectively, “Disputes”) shall be determined by binding arbitration before one arbitrator. The arbitration shall be administered by JAMS conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms. Notwithstanding anything to the contrary in these Terms, the Federal Arbitration Act shall govern the arbitrability of all Disputes. The arbitration shall be held in Massachusetts, and it shall be conducted in the English language. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator shall have authority to award compensatory damages only and shall not award any punitive, exemplary, or multiple damages, and the parties waive any right to recover any such damages. Judgment on any award in arbitration may be entered in any court of competent jurisdiction. Notwithstanding the above, each party shall have recourse to any court of competent jurisdiction to enforce claims for injunctive and other equitable relief. In the event of any dispute between the parties, whether it results in proceedings in any court in any jurisdiction or in arbitration, the parties hereby knowingly and voluntarily, and having had an opportunity to consult with counsel, waive all rights to trial by jury, and agree that any and all matters shall be decided by a judge or arbitrator without a jury to the fullest extent permissible under applicable law. To the extent applicable, in the event of any lawsuit between the parties arising out of or related to these Terms, the parties agree to prepare and to timely file in the applicable court a mutual consent to waive any statutory or other requirements for a trial by jury.
1. If any provision of contained herein is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions herein will remain in full force and effect.
2. Failure by us to enforce any term herein shall not be deemed a waiver of future enforcement of that or any other term herein or any other agreement that may be in place between you and us.
3. Neither you nor us may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing: (i) we may assign these Terms in their entirety, without your consent, in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets; and (ii) we may subcontract or delegate our obligations without your consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of you and us, and our respective successors and permitted assigns.
4. You acknowledge that we may compile data and usage information that has been stripped of all personally identifiable information and may use such data to determine and report traffic history, usage patterns, improve our Services and for other purposes, at our discretion.
5. You agree that we are not responsible for any failure or delay in our performance due to causes beyond our reasonable control, including, but not limited to force majeure events.
6. These Terms are the complete and exclusive statement of the understanding between you and us regarding the subject matter herein and supersedes any prior or contemporaneous written or oral proposals and agreements, representations or courses of dealing.
Effective: January, 18th 2017
1. Information collection. Consistent with industry standards, we may obtain information from your phone or web browser, including phone type and language, software/hardware, date/time of your use of our Services, the page you came from, and your IP address and associated location. Information is typically anonymous and collected on an aggregate basis, and we will not try to link anonymous data with your personal identification or data. We may also, at our discretion, use anonymous information gathering tools such as Google Analytics to obtain information about the users of our Services.
2. Personal information. To use our Services you may need to provide information such a username to create a profile, email address, Country dialing code, phone number, Country of residence, language preference and interests (“Personal Information”). You may also be invited to share additional information in your profile. Some or all of your Personal Information, with the exception of your email address, Country dialing code and phone number, may be available to other users of our Services to see, so you are encouraged to be cautious about the information you share. We will at all times protect your Personal Information to the fullest extent possible and limit access to the Personal Information you choose to share only with us to only those employees and agents of ours who may need to have access to the information. We will not sell your Personal Information to any third party without first notifying you. You will retain your right at all times to modify your profile.
4. Use of Information. Information collected by us is mainly used to monitor and analyze how people use our Services and to promote and support our Services. If you agree, we may also use your email address or phone number to send you information about our Services and share your personal information with our partners in order to provide you with a better experience using our Services.
5. Legal Actions. We may release your information without prior notice if we believe it is necessary to prevent fraud or to prevent or stop activity that we know or suspect may be illegal or legally actionable; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; to protect the rights, property and safety of our business and of others; or when otherwise required by law. If there is a sale or merger of our company, we may also transfer the information we have collected in connection with such sale or merger.
6. Changes to Your Information. You may review, update, correct or delete the personal information in your profile at any time. If you would like us to remove your information from our records, please contact us at email@example.com. We will attempt to accommodate your request if we do not have a legal obligation to retain the record. We may request that you provide us with proof of your identity in order to facilitate your request.
7. How We Protect Your Data. We use commercially reasonable means to protect the integrity of our Services and limit access to your personal and non-personal information. We also limit the amount of information that we collect to the information we believe is minimally necessary for us to provide our service. Any third party service use will encrypt information using secure socket layer (SSL) technology. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security and we will not be liable for breaches of confidentiality due to system failures or unauthorized access by third parties. If there is a breach of security involving your personal data that requires notification, you agree that we may notify you about the breach via email or by a conspicuous posting on our Services. We will make the notification without unreasonable delay, consistent with the legitimate needs of law enforcement and any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
8. Data Integrity and Retention. We use the information that we collect only for the purposes for which it is collected and consistent with this policy. We keep information for as long as we believe necessary for our business purposes and as permitted by applicable law.
9. Data Subject to U.S. Law. We are located and operating in the United States. Depending on where you live, the information that you provide and what our Services collects may be stored on servers that are outside of your state, province, country or other governmental jurisdiction, and the privacy laws that apply may not be as protective as those in your home jurisdiction. If you are located outside the United States and choose to provide information to us, we will transfer personal information to the United States and process it there. By using our Services, you consent to this transfer and processing of data.
10. Minors. If you believe we have collected information from a minor in violation of our Terms and Conditions, please contact us and we will be happy to delete the information we have and provide you with information in accordance with the Children’s Online Privacy Protection Act.
For questions about these Terms please contact us at: firstname.lastname@example.org