By using the appotate.com website (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Service is provided by Ayima Creative Limited (“Ayima Creative”), a private limited company registered in England and Wales (Company No. 06680571; Registered Office: 1 Nelson Street, Southend-on-sea, SS1 1EG, UK)

Ayima Creative reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. We advise that you consult the Terms of Service prior to each use of the Service.

Payment, Refunds, Upgrading and Downgrading Terms

In order to use the Service you must create an individual account (an “Account”) by registering your unique user details with Ayima Creative.

When you register to use the Service you may create an account which has access only to the aspects of the Service in respect of which no fee is charged (a “Free Account”), or an account which enables you to access both free aspects of the Service as well as aspects for which a fee is charged (a “Paid Account”).

In order to create a Paid Account, or to change an existing Free Account to a Paid Account, you will be required to add details of a valid credit card to your Account.

If you sign up for any Paid Account, and do not cancel that account within 30 days of signing up, you will be billed by Ayima Creative for your use of the Service. The date of the first charge will be the 30th day after your account was initially created. After making your first payment for the Service you will be charged monthly. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.

The Service is billed in advance on a monthly basis and is non-refundable. Except as otherwise set out in these Terms of Service, you will not receive any form of refund or credit for months in which you upgrade or downgrade your Account (as set out below), months in which you cancel your use of the Service, or months in which you have an active Account but do not use the Service.

The Service may offer you the opportunity to upgrade your Paid Account by signing up to receive additional services from Ayima Creative, or to downgrade your account by reducing the level of services that you receive. If you choose to upgrade or downgrade your account the amount that you will be charged by Ayima Creative may change. Where changes to the amount that you will be billed will take effect, this will be communicated to you at the time that you make the relevant changes. Any changes to the amount that you are billed will take effect on the next occasion that you are billed for your use of the Service by Ayima Creative.

Downgrading your Paid Account may cause the loss of content or features or a reduction in the total capacity of your Paid Account. Ayima Creative does not accept any liability for such loss.

Cancellation and Termination

You can cancel your Account by using the functionality provided in the personalised ‘account’ page displayed on the Service.

All information and data relating to projects which you have managed using the Service that you have uploaded via your account (“User Content”) will be immediately deleted from the Service upon cancellation of your Account. This deletion of User Content will take place irrespective of how your Account is cancelled. Deleted User Content cannot be recovered by Ayima Creative and you agree that Ayima Creative shall not be liable for any loss or damage caused or occasioned by such deletion of User Content.

If you cancel your Paid Account part way through a month your cancellation will take effect immediately and you will not be charged by Ayima Creative at the beginning of the subsequent month. Ayima Creative reserves the right to charge you for any unpaid fees, disbursements, penalty charges, or other fees which it may be due, irrespective of any cancellation of your Account.

Ayima Creative, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Ayima Creative service, for any reason at any time. Such termination of your access to the Service will result in the deactivation, cancellation or deletion of your Account, or your access to your Account, and the forfeiture and relinquishment of all of your User Content stored by the Service. In such an event, Ayima Creative reserves the right to delete any and all of your User Content. Ayima Creative reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Ayima Creative reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time.

Prices of all aspects of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Appotate Site (http://www.appotate.com/) or the Service itself.

Ayima Creative shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. In the event of discontinuance, a refund of moneys paid in advance will be made on a pro-rated basis for any unexpired period.

General Conditions

Your use of the Service is at your sole risk. The Service is provided on an ‘as is’ and ‘as available’ basis.

You understand that Ayima Creative uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service and consent to its use of the same.

You must not modify or adapt or the Service for any reason without Ayima Creative’s prior written consent. You must not hack the Service. You must not do anything to the Service, nor modify another website, so as falsely to imply that you, or any other website or commercial entity with which you may be associated, is associated with the Service, Ayima Creative or any other Ayima Creative service.

You agree that Ayima Creative is the owner of all intellectual property rights (which includes, but is not limited to, all copyright, trade marks, patents, design rights, database rights, logos, domain names, and business names) inherent in the Service. Ayima Creative reserves all relevant rights in the Service and you agree that your use of it will not entitle you to receive any intellectual property rights relating to the Service.

By submitting User Content to the Service you agree to grant Ayima Creative a non-exclusive, global licence to use, display, adapt, modify and store that User Content and all intellectual property rights inherent to it as Ayima Creative may deem reasonably necessary in order to enable the provision of the Service to you and to other users.

All content and information which features on the Service is provided for your information only. It is not intended to amount to advice (legal, medical, professional, or otherwise) on which you should rely. You agree that you will obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content featured on the Service.

Ayima Creative makes no representation or warranty that content featured on the Service will be accurate, complete or up-to-date.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without express written permission from Ayima Creative.

We may, but have no obligation to, remove User Content and Accounts containing User Content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ayima Creative customer, employee, member or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may link to the Service from other websites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The Service must not be framed or reproduced on any other website. Ayima Creative reserves the right to withdraw linking permission from any party and for any reason without notice.

You must not upload, post, host, or transmit unsolicited email, SMS or ‘spam’ messages or content via the Service For the avoidance of doubt, attempting any form of ‘distributed denial of service’ attack against the Service shall be a breach of this clause.

You must not use or attempt to use the Service to transmit any worms or viruses or any code of a destructive nature.

Ayima Creative does not warrant that (i) the Service will meet your specific requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the Service will be corrected.

You agree that this agreement shall be the sole agreement between you and Ayima Creative and that all prior representations and warranties shall not be a part of it.

You expressly understand and agree that Ayima Creative shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, loss of profits, goodwill, use, data or other intangible losses (even if Ayima Creative has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) 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 Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) any virus or harmful code which may infect your computer via the Service, (vi) any reliance by you on any information or content featured on the Service; or (vii) any other matter relating to the Service.

Nothing in this agreement shall limit Ayima Creative’s liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation.

The failure of Ayima Creative to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Ayima Creative and govern your use of the Service, superseding any prior agreements between you and Ayima Creative (including, but not limited to, any prior versions of the Terms of Service).

This agreement, its subject matter and its formation, are governed by English Law. You agree that the courts of England and Wales will have exclusive jurisdiction. Questions about the Terms of Service should be sent to accounts@appotate.com

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