Terms and Conditions AppTweak is an online service from AppTweak S.A. (hereinafter "AppTweak", "we" or "us"). These Terms of Service govern your use of the AppTweak application and any additional services offered by or available from AppTweak ("Services"). Please read these Terms of Service carefully.

1. Acceptance to our terms and conditions

AppTweak.com invites all users to carefully read the terms and conditions of use of its site, which are referenced by a hyperlink on each page of the site. By using the website of AppTweak.com, the user marks general acceptance to the present terms and conditions. AppTweak.com reserves the right to modify these terms and conditions at all times, the user marking his general acceptance to the revised terms and conditions by using the AppTweak.com website. You are responsible for checking these terms periodically for changes. If you continue to use the Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms. When such a change is made, we will update the "Last Updated" date at the end of this document.

2. Using the website

The content of the AppTweak.com site is delivered to the user for general information purposes about the AppTweak.com services on the one hand, and for use of the software developed by AppTweak.com on the other hand.

The content of this site can only be used within the framework of the services offered on this site and for personal use by the user.

AppTweak.com reserves the right to deny access to or terminate access of a user to these services in case of violation of the present terms and conditions.

3. Changes to AppTweak

We may discontinue or change any service or feature provided at www.apptweak.com at any time.

4. Illicit or prohibited use

You must be 16 years or older in order to use the Services. Accounts registered by "bots" or other automated methods are not permitted. You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.

Your login may only be used by you. You may not share your login with anyone else. Additional, separate logins are available through the Services. You are responsible for maintaining the security of your account and password. AppTweak accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation. You are responsible for all of the content posted and activity that occurs under your account. One person or legal entity may NOT maintain more than one free account.

The user engages him/herself to use this site in compliance with the laws and legal and contractual provisions. The user cannot use this website in any way that may prejudice the interests of AppTweak.com, of its contractors and/or its clients. In particular, the user engages him/herself not the use the site for illicit or illegal purposes that would be contrary to public order or morality (e.g.: content that is violent, pornographic, racist or xenophobic, defamatory, …).

5. Guarantees and liability disclaimer

The user assumes full responsibility for the use of the AppTweak.com site. Any material downloaded or otherwise obtained through the use of the services is done so at the user’s own discretion and risk. The user will be solely responsible for any damage to his/her computer system or any loss of data resulting from the download of any such material.

The services of AppTweak.com are provided “as is” and “as available”. AppTweak.com cannot warrant that these services will be uninterrupted, timely, secure or free from error, that the results obtained by using the services will be accurate and reliable, that possible defects in any software used will be corrected.

AppTweak.com will use all reasonable efforts to publish information which, to our knowledge, is up to date on the site. AppTweak.com however neither warrants that such information is suitable, accurate and exhaustive, nor warrants that the site will be permanently complete and updated in all regards. The information contained on this site, as among other things the prices and charges, may contain content errors, technical errors or typographical errors. This information is provided on an indicative basis and will be periodically modified.

AppTweak.com cannot be held responsible for the content of messages, hyperlinks, information, images, videos or any other content whatsoever submitted by the users using the services of AppTweak.com.

AppTweak.com may not systematically control the content of its site. If the content appears to be illicit, illegal, contrary to public order or to morality (e.g.: content that is violent, pornographic, racist or xenophobic, defamatory, …), the user shall inform AppTweak.com thereof, in accordance with point 5 of the present Terms and Conditions. AppTweak.com will suppress any content that it would consider at its sole discretion as illicit, illegal or contrary to public order or to morality, without however being held responsible for omitting to suppress or deciding to maintain any content.

The site of AppTweak.com may contain hypertext links to other sites. These links are provided to the user on an indicative basis only. AppTweak.com does not control such websites nor the information contained in them. AppTweak.com can hence not warrant the quality and/or exhaustiveness of this information.

AppTweak.com cannot in any case be held liable for direct or indirect damages, nor for any other damage of any nature resulting from the use or the impossibility of use of the site for any reason, regardless of whether this liability is based on a contract, on an offence or a technical offence, or whether it is or not a liability without fault, even if AppTweak.com has been advised of the possibility of such damages. AppTweak.com cannot in any way be held liable for acts committed by the internet users.

6. Additional Terms

By accessing AppTweak, you are granting permission to us and others to aggregate searches for statistical purposes and use it in connection with the Services, the Site and otherwise in connection with our business. AppTweak does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreement and all related information are provided on an "as is" basis. AppTweak makes no warranties whatsoever regarding the license agreement and the information provided and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use. AppTweak is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access. AppTweak provides you with the ability to remove your personal information from the Site and the Services. This ability does not extend to copies that others may have made or to copies that we may have made for backup purposes.

7. License to use AppTweak

The following terms and conditions govern your use of the AppTweak Services. This is a license agreement ("Agreement") between you and AppTweak SA. ("AppTweak"). By accessing the AppTweak Services, you acknowledge that you have read, understand and accept the following terms and conditions. In the event you do not agree and do not want to be bound by these terms and conditions, destroy your passcode and cease all further use of the AppTweak Services.

License Grant

AppTweak grants to you (either to you individually or the company for whom you work) a non-exclusive license to access one copy of the AppTweak Services solely for your own personal or business purposes on a computer during the period of time or session where you interact with the AppTweak Services (whether by means of a laptop computer, standard computer or a workstation attached to a multi-user network (a "Computer"). We consider the AppTweak Services in use on the Computer you are then currently using when the AppTweak Services are loaded into that Computer's temporary memory or "RAM" and when you interact with, upload, revise or input information onto AppTweak's servers by means of the AppTweak Services. AppTweak reserves all rights not expressly granted herein.

Ownership

AppTweak or its licensors are the owners of all right, title, and interest, including copyright, in and to the AppTweak Services. Copyright to the individual programs available through www.apptweak.com (the "Software"), which in turn are used to deliver the AppTweak Services to you, are either owned by AppTweak or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with AppTweak and its licensors.

Restrictions on Use and Transfer

You may use only that copy of the AppTweak Services associated with your name and email address.

You may not:

  • rent or lease the AppTweak Services;
  • transfer AppTweak Services;
  • copy or reproduce the AppTweak Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
  • modify, adapt, or create derivative works based on the AppTweak Services; or reverse engineer, decompile or disassemble the AppTweak Services.

8. Disclaimer of Warranties

We provide AppTweak "as is" and "as available." We make no express warranties or guarantees about AppTweak. We make no claims of time-to-load, service up-time or quality.

TO THE EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM IMPLIED WARRANTIES THAT APPTWEAK AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH APPTWEAK ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT APPTWEAK WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF APPTWEAK, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE APPTWEAK (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A APPTWEAK REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change depending upon the jurisdiction in which the Software is utilized.

9. Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON APPTWEAK. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of AppTweak. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Payments

A valid credit card is required for paying accounts and a credit card validation is required for free trial accounts, but will not be charged until immediately after the expiration of the trial period. Each paying account is entitled to a single 7-day trial period. Free accounts are not required to provide a credit card number.

Fees, rate limits and effective dates for these Services are negotiated separately from the Terms and of Service.

An upgrade from any plan to any more expensive paying plan will be pro-rated. You will be billed the pro-rated fee immediately upon upgrading.

The Services are billed in advance on a monthly basis. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for months unused. Account credits do not roll over to the succeeding month.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT when a valid number is provided.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. However, when necessary, your account will be pro-rated in the next billing cycle(s) when a downgrade occurs.

Downgrading your Service may cause the loss of content, features, or capacity of your account. AppTweak does not accept any liability for such loss.

You can cancel your subscription anytime. You must be logged in to be able to unsubscribe. A link to cancel will be added in the general questions section in the pricing page when you are logged in. Your feedback will be appreciated.

Prices of any Service may change, however old plans will be grandfathered in unless otherwise stated. Notice of pricing changes may be provided by contacting you using the contact information you have provided to us.

AppTweak will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services.

12. Contact

The user can address his remarks, suggestions or any other comment by sending an email to the following address : info@apptweak.com

or by post at the following address :

13. Intellectual property rights

The elements accessible on this site, which are the property of AppTweak.com, as well as their compilation and construction (texts, photographs, images, icons, videos, software, databases, data, etc.) are protected by the intellectual property rights of AppTweak.com.

The elements accessible on this site, which have been posted by users of the AppTweak.com services, as well as their compilation and construction (texts, photographs, images, icons, videos, software, databases, data, etc.) may be protected by the intellectual property rights of these users.

The names and logos of AppTweak.com displayed on this site are protected trademarks and/or trade names. The trademarks of AppTweak.com must not be used in connection with any product or service other than those of AppTweak.com, in any way whatsoever that may create confusion among the consumers or in any way that may depreciate or discredit AppTweak.com.

Unless expressly authorized, the user may not in any case copy, reproduce, represent, modify, transmit, publish, adapt, distribute, spread, sub-license, transfer, sell in any form or media, and will not exploit in any way whatsoever all or part of this site without prior written consent by AppTweak.com.

14. Privacy policy (protection of personal data)

Use of this site may result in the collection and processing of personal data by AppTweak.com. We therefore invite you to read our privacy statement.

15. Dispute settlement, competence and applicable law

The present terms of use are subject to Belgian law. Any dispute arising from or related to this service will be the object of a dispute resolution procedure between the parties. In case of failure of the dispute resolution procedure, the dispute will be brought before the courts of Brussels (Belgium). AppTweak.com reserves the right to refer to another court of competent jurisdiction if it deems it appropriate.

US Government Restricted Rights

Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by or on behalf of any department, unit or agency of the United States government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Licensed Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Licensed Software – Restricted Rights at 48 FAR 52.227-19, and in similar clauses in NASA FAR supplement, as applicable.

16. Termination

Your right to use AppTweak automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of AppTweak. We reserve the right, in our sole discretion, to terminate your access to all or part of AppTweak, in the event that you breach these Terms of Service, with or without notice.

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your subscription at any time on the pricing page. There is a link "Cancel my subscription" under the section "General Questions".

All of your content will be immediately deleted from the Services upon cancellation. This information can not be recovered once your account is cancelled. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. AppTweak, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other AppTweak service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. AppTweak reserves the right to refuse service or the Services to anyone for any reason at any time.

If you are a subscriber to one or more Services that are terminated, limited, or restricted, such termination of the Services will result in the deactivation or deletion of your account or your access.

Any notices must be sent to AppTweak in English at support@AppTweak.com.

A printed version of this agreement and any warning mention delivered in electronic form will be accepted in any legal or administrative procedure resulting from, or related to this agreement, in the same way and under the same conditions as other documents and trade registers created and stored in written form.

Last updated: August 20, 2014.