termsofservice

These Terms of Service (“Terms”, “Terms of Service”) constitute a legal agreement between you, whether personally or on behalf of an entity (“you”) and APP API-ON-CLOUD, LLC (“Company”, “we”, “us”, “our”), concerning your access and use of https://apioncloud.com (the “Website”) as well as any content, media, cloud based software or services connected thereto (collectively, the “Service”). You agree that by accessing the Website and the Service, you have read, understood and agree to be bound by all the Terms of Service. If you do not agree with any of the Terms, then you are expressly prohibited from using the Website and the Service and you must discontinue use immediately.

Account Registration

You must be 18 or older or you are at least the age of majority in your jurisdiction. You are responsible for maintaining the security of your account and you are fully responsible for all the activities that occur under the account and any other actions taken in connection with it. Sharing of account and account login information with other individual or entity is not permitted. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any of the Terms of Service or that your conduct or content would tend to damage our reputation and goodwill.

Content

Our Service allows you to create, post, publish, store, share and otherwise make available certain information, text, graphics, videos, http request, http response, headers, path variables, query parameters or other material (collectively, the “Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By creating, publishing, posting or otherwise making Content available on or through the Service, You represent and warrant that:

The Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms
The Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity

We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, create or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for the Content you or any third-party posts and makes available on or through the Service. However, by posting, creating or publishing Content on the Service you grant us the right and license to host, use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

We have the right but not the obligation to monitor, edit or remove all Content provided by users.

Free Trial

We may offer the Service free of cost for a limited period (“Free Trial”). We reserve the right to (i) modify the duration and Terms of the Free Trial offer at any time without prior notice, or (ii) cancel such Free Trial offer

Billing, Cancellation and Refund Policy

The Service is offered as a subscription (“Subscription”) and is subject to recurring charges on a periodic basis (“Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions.

You can cancel your subscription to the Service at any time by contacting us at cancel@apioncloud.com.

We offer refunds for subscriptions cancelled before completing the full Billing Cycle. All early subscription cancellations are subject to an early cancellation fee. The early cancellation fee is equivalent to 10% of the monthly subscription charges. The refund amount is issued for the unused portion of the subscription minus the 10% early cancellation fee. For example, let us assume that a customer has purchased a monthly subscription that begins on the 1st day of the month and ends on the 30th day of the month at the rate or $30. If the Customer cancels the subscription on the 16th day of the month, fourteen (14) days before the last day of the subscription, the prorated refund will be calculated as follows:

Daily charge of the subscription is calculated by dividing monthly subscription charge by the number of the days in the month or Billing Cycle. Based on assumptions made in this example, the daily charge for the subscription will be $1 per day. Since 14 days are remaining in the Billing Cycle, the total unused portion of the subscription adds up to $14.
A cancellation fee of $3 will be as deducted because the early cancellation fee is 10% of the monthly subscription charges. The monthly subscription in this example is $30 and 10% of $30 is $3.
A refund in the amount of $11 is issued to the Customer

No refunds will be issued for previous Billing Cycles.

No refunds will be issued for cancelling Free Trial Subscription of our Service.

No refunds will be issued if you have breached or violated any of the Terms of this agreement.

Subscription Fee Changes

The Company reserves the right to modify the subscription fee for the Service at any time. Any subscription fee change will become effective at the end of the then current Billing Cycle or any Free Trial offer.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms of Service. You agree not to use the Service:

In any way or manner that violates any applicable local, national or international laws or regulations
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
In any way that infringes upon the rights of others
In connection with any unlawful, illegal, fraudulent, or harmful purpose or activity
To ridicule, intimidate or abuse any person or class of people
To host Content that is obscene, lewd, violent, harassing, slanderous, or otherwise objectionable
To host Content that is discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national original or disability
To host Content that violates any applicable laws concerning the health and well-being of minors
To host Content that is sexual or violent in nature

I n addition, you agree not to:

Use the Service in any manner that could disable, overburden, damage or impair the Service or interfere with any other party’s use of Service
Use any device, software or routine that interferes with the proper functioning of the Service
Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, worms or other material that is malicious or technologically harmful to the Service, any person or entity
Attempt to gain unauthorized access to, damage or disrupt any parts of the Service, the server on which the Service is hosted
Engage in unauthorized framing of or linking to the Website or the Service
Engage in selling, renting or sub-licensing the Service
Share you account access code, username, password and other security features that are available now or introduced at a later point in time to secure your account
Store, host or transmit any Personally Identifiable Information (PII) via the Service, PII is any data that could potentially be used to identify a particular person
Store, host or transmit any information or data that is considered Protected Health Information (PHI) under HIPAA

DISCLAIMER

THE WEBSITE AND THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SUBSCRIPTION SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE, OR THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN THE SERVICE OR ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will APP API-ON-CLOUD, LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation, damages for lost profits, data, content, revenue, sales, goodwill, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, however caused, under any theory of liability, including without limitation, contract, tort, warranty, negligence or otherwise, even if the Company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of Company, it will be limited to the amount paid for the Service since the first reported event or reported occurrence giving rise to such liability. The Company will not be liable for any loss or damage of any nature if the Service is provided free of charge, such as but not limited to, during a Free Trial.

Under no circumstances will APP API-ON-CLOUD, LLC be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

The Service Is controlled and hosted from servers in the United States. APP API-ON-CLOUD, LLC makes no representations that the Service is appropriate for use in other locations. Those who access or use the Service from other jurisdictions are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You must not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or the Service or any willful misconduct on your part.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever including without limitation if you breach the Terms of Service.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms of Service shall survive any such termination, including without limitation, warranty disclaimers, limitation of liability and indemnity

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Website and the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Website and the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website and the Service.

We cannot guarantee the Website and the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website and the Service 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 Website and the Service during any downtime or discontinuance of the Website and Service. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Links to Other Websites

Our Service may have links to third-party websites or services that are not owned or controlled by Us.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that APP API-ON-CLOUD, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party website or services.

Acknowledgement

By using the Website or the Service provided by Us, You acknowledge that you have read these Terms of Service and agree to be bound by them.

Changes and Amendments to Terms of Service

We reserve the right to modify the Terms of Service relating to the Website or the Service at any time. We will revise the “Last Updated” date at the top of this page. Continued use of the Website and the Service after any such changes shall constitute your consent to such changes.

If you have any questions about these terms, please send us an email at tos@apioncloud.com