"BOOMERANG VIDEO MAKER"
MOBILE APP TERMS & CONDITIONS
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY
1.1.
Boomerang Video Maker is an Software Application (the
"App" or the
"Software Application") that provides a platform to video editing (the "System"
and/or the "Services").
1.2.
These Terms and Conditions
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity, hitherto known as "you, or your" and the Software Application launcher Appside Technologies LTD, Number 516620085 hitherto
known as the "Company", "we," us," or "our".
This agreement pertains to the access and use of the Software Application as well
as its use with any other media form, media channel, mobile website, website-related
integration or platform, media linked, or any other application in connection
to or otherwise connected to the Software Application. You agree and
acknowledge that by accessing the Software Application, you have read,
understood, and agree to be bound by all of these
Terms and Conditions Use in this agreement.
IF YOU DO
NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SOFTWARE APPLICATION AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
1.3.
BEFORE USING THE SOFTWARE APPLICATION
YOU AGREE AND ARTICULATE THAT YOU ACCEPT, ACKNOWLEDGE AND UNDERSTAND THAT IN NO
CIRCUMSTANCE OR EVENT, OR BY NO MEANS ARE WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
ANY LOSS OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE APPLICATION,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE
APPLICATION ARE INTENDED TO BE USED STRICTLY AS AN AID FOR YOU, AND THE COMPANY,
OR ANY OF ITS ENTITIES OR SUBSIDIARIES ACCEPTS ZERO RESPONSIBILITY FOR THE CARE
OF ANY SUBJECTS, ENTITIES OR PEOPLES, PERTAINING TO THE USE OF THE SOFTWARE
APPLICATION. THEREFORE THEIR USE SHOULD NOT LEAD TO A
DECREASE IN VIGILANCE OR ANY GENERAL PRUDENCE PRINCIPLE. WE OFFER NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE
APPLICATION, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE APPLICATION.
1.4.
We reserve the right, in our
sole discretion, to make changes or modifications to these Terms and Conditions
at any time and for any reason. We will alert you about any changes by updating
the "Last Updated" of these Terms and Conditions, and you waive any
right to receive specific notice of any such change. It is your responsibility
to periodically review these Terms and Conditions to stay informed of any updates.
You acknowledge and accept that by your continued use of the Software
Application, you will be subject to, and are deemed to have been made aware of
and accepted, the changes in any revised Terms and Conditions after the date of
the amended Terms are posted.
1.5.
The information provided on
the Software Application is not intended for distribution or use by any person
or entity in any jurisdiction or country where such distribution or use is
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Software Application from other locations do so on their
own initiative and are solely responsible for compliance with local laws, where
applicable.
1.6.
The Software Application is
intended for users who are legally 18 years of age.
1.7.
The terms of this terms &
conditions constitute all agreements and understandings regarding the use of
the application. Failure to execute or enforce a right or provision in these
Terms & Conditions will not be considered a waiver by the application of
the right or enforcement of the provision. The application will be entitled to
assign to others all or part of its rights and / or obligations in these terms
& conditions.
1.8.
In the
event that it is determined that a provision in these terms & conditions is
not enforceable or is invalid for any reason, this will not affect or impair
the legality, validity and enforcement of the other provisions of this terms
& conditions.
2.1.
Unless otherwise indicated,
the Software Application is our property, and all source code, databases,
functionality, software, application, designs, audio, video, text, photographs,
and graphics on the Software Application collectively, hitherto known as the "Content,"
in addition to the trademarks, service marks, and logos contained therein,
hitherto known as the "Marks" are owned or controlled by us or
licensed to us. The Content and the Marks provided on the Software Application
are "AS IS" for your information and personal use only. Except as
expressly provided in these Terms and Conditions, no part of the Software Application,
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
2.2.
Provided that you are
eligible to use the Software Application, you are granted a limited license to
access and use the Software Application and to download or print a copy of any
portion of the content to which you have properly gained access solely for your
personal, non-commercial use.
2.3.
The trademarks, photographs,
content, images and advertisements of the Software
Application business partners are the property of these advertisers only. They
must also not be used without the prior written consent of the advertiser.
3.1.
Before using the Software
Application, the users of the Software Application declare, confirm
and agree that they know:
3.1.1
That attempting to
impersonate another user or person or to use another user's username and / or
password is a violation of these Terms & Conditions;
3.1.2
That you may not sell or
transfer your personal account to any other party;
3.1.3
That the information you
entered when registering and / or using the Software Application is correct,
up-to-date, accurate and complete and that you do not enter incorrect
information when registering for the Software Application and setting up a profile;
3.1.4
That the Software Application
must not be used in a manner inconsistent with the law, regulations and any
court ruling;
3.1.5
That any action in the
Software Application is done at the sole responsibility of the user and the
user will not have any claim and / or demand against the Software Application,
its managers, employees or anyone on its behalf and they will not be responsible,
directly or indirectly, for any damage, including body, property or any other
damage or any other loss, which will be caused as a result of using the
Software Application and / or decisions made as a result of using the Software
Application, even if the Software Application warned, recommended or advised
for a particular matter and in no case the Software Application will be a
substitute or responsibility for user decisions;
3.2.
By using the Software
Application, you represent and warrant that: (1) Your use of the Software
Application and is at your own risk and responsibility and by no means do we
guarantee its effectiveness or reliability, (2) All registration information you submit will be
true, accurate, current, and complete, (3) You will maintain the accuracy of such
information and promptly update such registration information as necessary, (4) You will not access the Software
Application through automated or non-human means, whether, through a bot,
script or otherwise, (5) you will not use the Software Application
for any illegal or unauthorized purpose,
(6) Your use of the Software Application will
not violate any applicable law(s) or regulation(s).
3.3.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any existing or future
use of the Software Application or any portion thereof.
4.1.
In order
to access to the System and the Services, you will be required to purchase
Subscription (the "Subscription"). Subscription purchase will
be made using Apple ID.
4.2.
Prices, availability, and other purchase terms
are subject to Apple ID terms.
4.3.
You are responsible for providing true,
accurate, current, and complete information when purchase Subscription through the App or
otherwise.
4.4.
Purchases Subscription through the App may be subject to other terms
and conditions that are presented to you at the time of purchase.
4.5.
Users may register on the App for a 3 days trial period to use the system and the services at no
cost (the "Trial Period"). The Company reserves the right to
change or cancel the trial period from time to time, at its sole discretion.
4.6.
The trial period will be granted to the user at
the registration to a subscription. During registration, the user will be
required to enter payment details. At the end of the trial period, the
subscription will automatically renew without prior notice, and the payment
method provided by the user will be charged for the subscription.
4.7.
The trial period is permitted only once for each
user. It is prohibited to register multiple times for the trial period. In case
of improper use of the trial period and/or multiple attempts to register for
the trial period, we reserve the right to cancel the subscription and/or the
user's access to the personal account, at our sole discretion.
4.8.
Upon completing the registration and purchase,
the user will receive a username and personal password for a personal account. The
services and the access to the System will be provided through the App, on the
user's personal account.
4.9.
By purchasing Subscription, you confirm that: (1)
your account is personal; (2) you will be solely responsible for any actions or
use made from your account; (3) you will not allow others access to your
account; (4) the payment for the Subscription is personal, and the services are for personal
use only.
4.10. We
reserve the right to change, modify, or remove the System and the options on
the System at any time or for any reason at our sole discretion without notice.
4.11. Request for cancellation of a subscription will be submitted to Apple
ID, subject to the Apple ID cancellation policy and terms.
5.1.
The system is for a personal
use only. The system is solely an auxiliary tool, and all responsibility for
the use of the system, the files uploaded to it, and the products generated
through it lies solely with the user. The full and exclusive responsibility for
any result arising from the use of the system and/or the products generated
through the system lies solely with the user.
5.2.
It is prohibited to upload to
the system files protected by copyright, without explicit written permission
from the copyright holder.
5.3.
In the event of using files
protected by copyright, subject to explicit permission from the copyright
holder, credit must be given to the creator of the video/file when using the
video.
5.4.
The system must not be used
for any illegal purpose. The use of the system contrary to the law and this
terms, is the sole responsibility of the user, and the company reserves the
right to immediately remove and/or block any user who violates this terms and/or uses the system contrary to the law.
5.5.
All responsibility for
uploading and/or publishing and/or using files and/or products generated as a result of using the system lies solely with the user,
and any complaint and/or claim regarding copyright infringement or unlawful use
of files and products will be directed solely to the user. The user will be
responsible for bearing any damage and/or loss and/or claim and/or demand made
against the company due to copyright infringement and/or unauthorized use of
files as mentioned.
5.6.
As part of using the system,
the App allows legal use of sound files through the JAMENDO platform. The use
of these sound files is subject to the terms of use and policies of JAMENDO, as
presented on the JAMENDO website at:
www.licensing.jamendo.com/en/static/termsandconditions
5.7.
As part of using the system,
the App allows the use of visual media content such as stickers and GIFs
through the KLIPY platform. The use of such content is subject to the terms of
use and policies of KLIPY, as presented on the KLIPY website at: https://klipy.com/support/
terms-services.
5.8.
The Company does not own such
third-party content and is not responsible for its accuracy, availability, or
licensing. Users are solely responsible for ensuring that their use of such
content complies with applicable intellectual property laws.
6.1.
You may not access or use the
Software Application for any purpose other than that for which we make the Software
Application available. The Software Application may not be used in connection
with any commercial endeavors except those that are specifically endorsed or
approved by us.
6.2.
As a user of the Software
Application, you agree not to:
6.2.1. Systematically retrieve data or other content from the Software
Application to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
6.2.2. Make any unauthorized use of the Software Application, including
collecting usernames and/or email addresses or ANY DATA of users by electronic
or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
6.2.3. Circumvent, disable, or otherwise interfere with security-related
features of the Software Application, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Software Application and/or the content contained therein.
6.2.4. Engage in unauthorized framing of or linking to the Software Application.
6.2.5. Deceive, defraud, or mislead other users and/or us, especially in any
attempt to learn sensitive account information such as user passwords, or any
other data.
6.2.6. Make improper use of our support services or submit false reports of
abuse or misconduct.
6.2.7. Engage in any automated use of the Software Application, such as using
scripts to send comments or messages, or using any data mining, data mining tools,
robots, or similar data gathering and extraction tools.
6.2.8.
Interfere with, disrupt, or
create an undue burden on the Software Application or the networks or services
connected to the Software Application.
6.2.9.
Attempt to impersonate
another user or person or use the username of another user.
6.2.10. Sell or otherwise transfer your profile.
6.2.11. Use any information obtained from the Software Application in order to harass, abuse, or harm another person.
6.2.12. Use the Software Application as part of any effort to compete with us or
otherwise use the Software Application and/or the Content for any
revenue-generating endeavor or commercial enterprise.
6.2.13. Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Software Application.
6.2.14. Attempt to bypass any measures of the Software Application designed to
prevent or restrict access to the Software Application, or any portion of the Software
Application.
6.2.15. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Software Application to you.
6.2.16. Delete the copyright or other proprietary rights notice from any Content.
6.2.17. Copy or adapt the Software Application's software, including but not
limited to PHP, HTML, JavaScript, or other code.
6.2.18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any party's
uninterrupted use and enjoyment of the Software Application or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Software Application.
6.2.19. Except as may be the result of a standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Software Application, or using or launching
any unauthorized script or other software.
6.2.20. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Software
Application.
6.2.21. Use the Software Application in a manner inconsistent with any
applicable laws or regulations.
6.3.
Any use of the Software
Application in violation of the preceding violates these Terms and Conditions
and may result in, but not limited to, termination or suspension of your rights
to use the Software Application.
7.1.
The following terms apply
when you use the Software Application obtained from the Apple Store (hitherto
known as the "App Distributor"):
7.1.1.
The license granted to you
for our Software Application is limited to a non-transferable license to use
the Software Application on a device that utilizes the Apple iOS operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor's terms of service.
7.1.2.
We are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the Terms and Conditions of this Software
Application.
7.1.3.
You represent and warrant
that (i) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a "terrorist supporting" country, (ii) you are not
listed on any U.S. government list of prohibited or restricted parties.
7.1.4.
You must comply with
applicable third-party terms of agreement when using the Software Application,
e.g., if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the mobile application.
7.1.5.
You acknowledge and agree
that the App Distributors are third-party beneficiaries of the Terms and
Conditions in this Software Application license and that the App Distributor
will have the right (and will be deemed to have accepted the right) to enforce
the Terms and Conditions in this Software Application license against you as a
third-party beneficiary thereof.
8.1.
The Software Application may
contain (or you may be sent via the Software Application) links to other Software
Applications, hitherto known as "Third-Party Software Applications,"
as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items
belonging to or originating from third-parties.
Third-Party Software Applications and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third-Party Software Applications accessed
through the Software Application or any Third-Party Content posted on, available
through, or installed from the Software Application, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Software Applications or the
Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Software Applications or any Third-Party
Content does not imply approval or endorsement thereof by us.
8.2.
If you access in any way on
any platform the Third-Party software applications or use or install any
Third-Party Content or Applications, by exiting the software or accessing a
link in our software that takes you to a Third-Party Application or software,
you do so at your own risk, and you should be aware these Terms and Conditions are
null and void. You should review the applicable terms and policies, including
privacy and data gathering practices, of any software application to which you
navigate from the Software Application or relating to any applications you use
or install from the software application.
8.3.
Any purchases you make
through Third-Party software applications will be through other software applications
and from other companies, and we take no responsibility whatsoever in relation
to such purchases, which are exclusively between you and the applicable Third Party.
You agree and acknowledge that we do not endorse the products or services
offered on Third-Party software applications, and you shall hold us harmless
from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or damage
caused to you relating to or resulting in any way from any Third-Party Content
or any contact with Third-Party software applications.
8.4.
8.4. Certain content
available within the App (such as GIFs, stickers, visual media, or music) may
be provided by third-party providers integrated into the App (e.g., KLIPY and
JAMENDO).
9.1.
We reserve the right, but not
the obligation, to (1) monitor the Software Application for violations of
these Terms and Conditions, (2) take appropriate legal action against anyone
who, in our sole discretion, violates the law or these Terms and Conditions,
including without limitation, reporting such user to law enforcement
authorities, (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your contributions or any portion thereof, (4)
in our sole discretion and without limitation, notice, or liability, to
remove from the Software Application or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems, and (5)
otherwise manage the Software Application in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Software
Application.
10.1. We
respect the intellectual property rights of others. If you believe that any
material available on or through the Software Application infringes upon any
copyright you own or control, please immediately notify us using the contact
information provided below.
11.1. These
Terms and Conditions shall remain in full force and effect while you use the Software
Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SOFTWARE APPLICATION (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SOFTWARE
APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
11.2. If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. Additionally, to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
12.1.
We reserve the right to change, modify, or
remove the contents of the Software Application at any time or for any reason
at our sole discretion without notice. However, we have no obligation to update
any information on our Software Application.
12.2.
We also reserve the right to modify or
discontinue all or part of the Software Application without notice at any time.
We will not be liable to you or any third party for any modification,
suspension, or discontinuance of the Software Application.
12.3. We cannot
guarantee the Software Application will be available at all
times. We may experience hardware, software, or other problems or need
to perform maintenance related to the Software Application, resulting in
interruptions, delays, or errors. By use of the Software Application, you
acknowledge that we are not liable for any inconvenience or harm that may be
related to the aforementioned.
12.4. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Software Application at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Software
Application during any downtime or discontinuance of the Software Application.
Nothing in these Terms and Conditions will be construed to obligate us to
maintain and support the Software Application or to supply any corrections,
updates, or releases in connection therewith.
13.1. These
Terms and Conditions and your use of the Software Application are governed by
and construed in accordance with the laws of the State of Israel applicable to
agreements made and to be entirely performed within the State of Israel,
without regard to its conflict of law principles.
13.2.
Any legal action of whatever nature brought by
either you or us collectively, the "Parties" and individually, a "Party"
shall be commenced or prosecuted in the state Israel, and the Parties hereby
consent to and waive all defenses of lack of personal jurisdiction and forum
non-convenience.
14.1. There may
be information on the Software Application that contains typographical errors,
inaccuracies, or omissions that may relate to the Software Application,
including descriptions, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Software Application at any time without prior
notice.
15.1. THE SOFTWARE
APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SOFTWARE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK, TO THE
FULLEST EXTENT PERMITTED BY LAW.
15.2. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE
APPLICATION AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SOFTWARE APPLICATION'S CONTENT OR THE
CONTENT OF ANY SOFTWARE APPLICATIONS LINKED TO THIS SOFTWARE APPLICATION, AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY, (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE APPLICATION,
(3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SOFTWARE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE APPLICATION BY ANY
THIRD PARTY.
15.3. Users
hereby confirm and declare that they are aware that the responsibility for the
use of the System and services lies solely with the user.
15.4. Users
will have no claim against the Company, its administrators, or its representatives,
and they will not be responsible, directly or
indirectly, for any damage, property damage, or any other loss, resulting from
receiving services from the App and/or using the System, even if the App cautioned,
recommended, or advised on a specific matter or a specific service. In any
case, we will not serve as a substitute or bear the user's responsibility or
the service recipient's responsibility. The user bears responsibility and all
necessary risks for any damage caused to them or to third parties arising from
the use of the System and the services.
15.5. The
information appearing on the Software Application should be not construed as a
promise of any result and/or responsibility for the activity of the services on
the Software Application. the Software Application will not be responsible for
any damage, direct or indirect, which will be caused to the user as a result of service provided to you and / or relying on
information appearing on the Software Application and/or links to other sites
and/or any other source of internal and/or external information and/or use of
services displayed by the Software Application.
15.6. The
provision of Services is subject solely to the discretion of the App, and we
shall not be held responsible for any delay or failure in the provision of
services resulting from force majeure, third parties, or events beyond its
control. Such events may include but are not limited to communication problems,
technical difficulties, internet network problems, email problems, war,
strikes, shutdowns, acts of sabotage, disturbances to public order, acts or
omissions of third parties or restrictions imposed by them, laws, regulations,
orders, or other government instructions, security restrictions, epidemics,
closures, or other circumstances beyond its control.
16.1. You agree to defend, indemnify, and hold us harmless, including our
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys' fees and expenses, made by any third party due
to or arising out of, (1) use of the
Software Application, (2) breach of these Terms and Conditions, (3) any breach
of your representations and warranties set forth in these Terms and Conditions,
(4) your violation of the rights of a third party, including but not limited to
intellectual property rights. We reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
17.1. These Terms and Conditions and any policies or operating rules posted by
us on the Software Application constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision. We may assign any or all of
our rights and obligations to others at any time.
17.2. If any of these Terms and Conditions are determined by any competent
authority to be invalid, unlawful, or unenforceable to any extent, such term
will, to that extent, be severed from the remaining terms which will continue
to be valid to the fullest extent permitted by law.
18.1. In order to resolve a complaint
regarding the Software Application or to receive further information regarding the
use of the Software Application, please contact us by E-mail: Support@appside.app
Last updated: April 2026