Thank you for choosing to use appstonia.com and our services.
AppstoniA.com is an AppstoniA OÜ (“AppstoniA”) service. This agreement covers AppstoniA Services.
You will see certain significant legal terms below applicable for everyone visiting our Website or using our services. We must determine such terms in order to protect both you and ourselves, provide you a better user experiences and our services.
You may contact us through [email protected] e-mail address to improve such terms.
The service we provide is an e-commerce infrastructure established with the purpose of ensuring that businesses or individuals easily display and sell their products and services online.
We offer many tools and features that will allow our users for create, publish and use online e-commerce platforms and mobile applications. Online and mobile websites as well as platforms created by users will be herein referred to as "User Platforms".
These AppstoniA Terms of Use, our Privacy Policy available at https://appstonia.com/privacy.html address ("Privacy Policy") and the terms applicable for our services and features provided on appstoni.com website will be referred to as "Terms of Use". Unless stated otherwise by us, these terms constitute all terms and conditions applicable for all individuals ("User", "you" or "your") visiting or using AppstoniA Website, any service, application or feature offered by us in relation to AppstoniA Mobil Application ("AppstoniA Application") and/or website (services offered through AppstoniA Website or AppstoniA Application will be collectively referred to as "AppstoniA Services" or "Services).
AppstoniA expressions herein will be collectively or severally used instead of AppstoniA OÜ company.
These Terms of Use has been drawn up in English language and translated to other languages for convenience. In the event that any translated (expect for English) version of these Terms of Use contradicts with the English version in any way, provisions in the English version will prevail.
Terms of Use constitute a binding and enforceable legal agreement between AppstoniA company ("AppstoniA", "we" or "our") and you regarding the use of any AppstoniA Service. Therefore, please read these terms carefully.
Your visit and/or use of AppstoniA Services and/or AppstoniA Application will only be possible if you fully agree to the Terms of Use and by using any AppstoniA Service and/or registering for any of such services and using any AppstoniA Service, you accept and declare having been informed of all applicable Terms of Use.
If you have not read or do not fully understand and agree the Terms of Use, you must immediately exit the AppstoniA Website and stop using AppstoniA Services.
You must comply with all the policies submitted to you within the scope of our Services.
Do not abuse our Services. For example, do not attempt to access/use our Services through any methods except for the interface and instructions we provide for using or accessing the services. You can use our Services only within the extent permitted by the law, including applicable laws and regulations. In the event that we initiate an investigation with the suspicion that you do not comply with our terms or policies or abuse our Services, we may suspend providing Services or cancel our Services provided to you.
Unless stated otherwise and excluding the Domain ("Domain") registered on your name and content owned by you, using our Services does not entitle you the ownership of any intellectual property rights in our Services. Such terms do not entitle you to use the brand elements or logos contained in our Services. Do not remove, cover or change any legal warnings displayed within or along with our Services.
Our Service contain some contents not owned by us. Whole responsibility regarding such contents pertains to the natural/legal entities putting the related content to use. We may investigate a content in order to determine whether such content is illegal or violates our policies, and if we decided that such content violates our policies or the law, we may remove the content or deny its display. However, this does not mean that we will certainly investigate a content, therefore do not assume that we will conduct an investigation in all cases.
We may send you service announcements, managerial messages or other information depending on your use of our Services. You may choose to disable some of such communications.
Some of our Services may be used in mobile devices. Do not use such Services in a way that distracts you or prevent you from complying with the traffic rules or safety laws.
You must primarily register in AppstoniA and create a user account ("User Account") for accessing and using a part and certain features of AppstoniA Services. You don't need to purchase our paid or free services to create an account. However, if you purchase one of our AppstoniA Services, an account is created using the e-mail or name/surname information you will provide in the installation / purchase form. Creating an account is necessary for providing AppstoniA Services.
Therefore, in the event that your User Account and/or any User Platform settings are accessed by someone else, such person may perform any transactions provided for your use as well as many other transactions (unless otherwise explicitly stated in AppstoniA Services), make changes to your User Platform(s) and User Account, accept any related legal terms or make various statements and undertakings and in such cases, or transactions and processes are deemed to have been performed on your behalf.
Therefore, we strongly recommend that you keep your User Account login information private and provide access only to individuals you trust. Please remember that all actions to be performed within the scope of your User Account and/or User Platforms (), whether or not specifically authorized by you, and all kinds of losses, damages or expenses arising from such actions as well as the relevant responsibility pertain solely and exclusively to you.
The information you provide while registering your User Account, which is solely and exclusively owned by you, and using the AppstoniA Services must be accurate and complete. We strongly recommend that you provide you (or your company's) contact and billing information, including your valid e-mail address. We may use such information to identify the actual and real owner of the User Account and/or User Content (defined below) provided to us.
Whether or not an independent examination has been conducted by us, our right to determine the ownership of a User Account based on our reasonable opinion is reserved in the event that ownership of a User Account is subject to a dispute. However, when such determination is not possible (fully at our own discretion), our right to not perform such examination and/or suspend the concerned User Account until the disputed parties come to an agreement regarding such ownership without entering into any obligations towards you or any other party. We may request that documents that may help determine the ownership (identity proofs issued by the government, passport, business license) are submitted. Some of the principles we may take into account, apart from others, are stated below.
Owner of a User Account created and/or loaded to related AppstoniA Services, a User Platform and/or User Content is considered as the person or corporation owning the e-mail address linked to the User Account in which such User Platform or User Content is created in AppstoniA records at the date.
In case that any Paid Service (As defined in Chapter 7 below) is purchased through such User Account, AppstoniA will consider that the owner of such User Account and/or the related User Platform and/or User Content created under such user account is the individual or corporation billing information of whom has been used ("Billing Information") for purchasing such Paid Services. Notwithstanding the foregoing, in the event that a User Platform is linked to an external domain () and registration information of such domain are included in the WHOIS database available at www.whois.net or the public information in the database of AppstoniA, when applicable, AppstoniA will consider that owner of such User Platform is the registered individual or corporation having registered such domain. In the event that both an individual and a corporation is registered as the party having registered such domain, AppstoniA will consider that real owner of the domain, and thus, owner of the User Platform related to the domain is the corporation. In the event that a single person is specified in Billing Information as the owner of a User Platform and a different person is specified in registry of the domain, AppstoniA will consider that owner of the domain is the person registered as the owner of the domain relating to the AppstoniA Account.
Notwithstanding the foregoing, AppstoniA is entitled to, determine the owner of a User Content and/or User Platform at its own discretion when it is considered by AppstoniA that such determination is necessary based on the actual state, including when the aforementioned proofs are ignored by AppstoniA.
That you are above eighteen (18) or of full legal age according to the laws of your country, that you are entitled with the legal authority, right and freedom to accept the Terms of Use and execute a binding agreement on both for yourself and for the individuals or corporations on behalf of whom you make a commitment regarding the Terms of Use;
That you are not resident in a country on which Estonia government or the European Union lays an embargo and/or prohibition regarding the use of AppstoniA Services (or that You will not use AppstoniA Services in such a country),
That your and/or your company's country of residence is the same with the country stated in the agreement and/or billing address submitted to us;
That you understand that AppstoniA does not provide legal consultancy or make recommendations for your own uses or any law or requirement applicable for any of your End User or compliance to such laws or requirements;
And, especially in terms of your User Content:
You approve that you are entitled to all rights pertaining to and arising from all contents loaded or provided by you to your User Platform and imported, duplicated or uploaded to Your User Platform by AppstoniA Services ("User Content"), including the information, text, literary work and all other materials you provide in order to create any design, animation, video, audio file, font, logo, code, drawing, compilation, art work, interface, user name or subdomain ("Content"); or that you have all the necessary authorization, right, license, approval and permits for legal access, import, duplication, use, publication, transfer or license of the User Content by you and us or any of our affiliates;
That you have (and will continue to have) all the necessary authorization, ownership, licenses, permits and competence in order to authorize AppstoniA Services for accessing all kinds of websites, web pages and/or other online services in order to import, copy, display, upload, convey and/or otherwise use your User Content.
That the User Content is true, accurate, updated and does not infringe any rights of third parties, that uploading, importing, copying, keeping, publishing, transmitting, viewing or otherwise using such User Content or accesses, imports, copies, uploads, uses or storing of such User Content by AppstoniA and/or your End Users in relation to AppstoniA Services are not contradictory (and will remain to be so) to the law of residence country of both you and the users and visitors of your User Platform ("End Users");
That you have received all necessary approvals and permits under the applicable law for announcing, transmitting and publishing the image or demonstration or any individual, corporation or property that is a part of any personal information and/or User Content, and that you will comply with all the applicable law within this regard.
That you will strictly comply with all the applicable laws and other contractual terms, including special statutes applicable in any geographical location you or End Users are located on, with regards to using AppstoniA Services (and all related relationships and processes);
That all the responsibility and liability regarding all uses of AppstoniA Services under your User Account and/or User Platform(s) as well as all your User Content (including all consequences arising from accessing, importing, uploading, copying, using or publishing such User Content within or in relation to AppstoniA Services) will be assumed exclusively by you;
That you will regularly and independently save and backup all the information processed by you regarding your User Content and Your User Platform, including the information relating to End Users, User Products and all the applications and/or Third-Party Services used by you;
That you accept receiving promotion messages from AppstoniA or its partners from time to time via mail, e-mail (including phone number for calls or short messages) or other communication channels to be submitted to us. Please notify us any time if you do not want to receive such promotion materials or notifications;
That you permit the online and/or offline global, permanent and free use of your User Platform (or any part thereof) by AppstoniA within the scope of marketing and promotion activities of AppstoniA and reasonably necessary changes made to such User Platform for such purposes; that you globally waive all your previous, current and future moral rights, artist rights and all other rights that you may be entitled to in terms of all kinds of permitted limited uses regarding your User Platform.
That the right to hold, convey, publish and/or view any User Platform and/or Content (including the incorporation or delivery of any related advertisements or other promoting contents ) and the right to decide how, through which ways and methods AppstoniA Services will be performed belongs exclusively to AppstoniA.
AppstoniA will be entitled to provide AppstoniA Services with alternative price tariffs, and to impose restrictions on uploads, storage, downloads and uses of AppstoniA Services in each price tariff, including, but not limited to restrictions on web traffic and bandwidth, Content size and/or length, Content quality and/or format, Content resource, length of download time, number of subscribers to your Content, etc.
Reuse any Content provided by AppstoniA or, for the same purpose, Third-Party Services ("Licensed Content") for using and displaying AppstoniA Website, AppstoniA Services (or any part thereof) on User Platforms, create works derived from such services, download, adapt, reverse engineer, attempt to replicate, move to another server, translate, compile, transform to source code or disintegrate them or publicly display, perform, transmit or distribute any of the foregoing without prior written and special approval of AppstoniA and/or unless explicitly permitted within the scope of the Terms of Use;
Present, convey or display any User Content or Licensed Content in a way that can be regarded as defamatory, libellous, obscene, harassing, threatening, inciting, exploiting, racist, assailant, misleading or fraudulent or encouraging crime or abuses, or otherwise infringing the rights of AppstoniA or any other third party (including all other intellectual property rights, contractual rights or alleged rights), or in a way that denigrating or disparaging any other person, corporation or brand without a prior explicit approval;
Engage in an illegal act for obtaining information and/or passwords necessary for logging in other websites, third party software or services;
Steal, obtain, upload or otherwise submit credit card information or other financial information used for receiving payments, provided that such action is not performed as per the applicable law, including the PCIDSS standard when applicable;
Upload, add, gather or otherwise submit any malicious, illegal, defamatory or obscene Content within AppstoniA Website or AppstoniA Services (or any part thereof);
Publish and/or use the AppstoniA Services or Licensed Content in any website, media, web or system except for those provided by AppstoniA and/or frame, apply "detailed link", "page scrape", project and/or creating a scanner or border environment on any AppstoniA Service, Licensed Content and/or User Platform (or any part thereof) without an explicit prior written approval of AppstoniA;
Access any part (or data and/or Content) of AppstoniA Services or use a "robot", "spider" or any other automatic device, program, code, algorithm or methodology or any similar or equivalent manual processes in order to obtain, copy or monitor any such part; or duplicate or bypass in any way the navigation structure or supply of any AppstoniA Service for obtaining or attempting to obtain any material, document, service or information not brought into use through AppstoniA Services for such purpose;
Act in a way that can be regarded as tarnishing the reputation and prestige of AppstoniA or that may injure or damage the reputation of AppstoniA;
Purchase search engine or other pay-per-click keywords (for example, Google Ads) or domains using AppstoniA or AppstoniA Brands and/or variations and miswritten versions thereof;
Directly or indirectly impersonate another person or corporation or provide disinformation in AppstoniA Services and/or User Platform or turn to manipulation in any other way with the purpose of concealing the source of mails or messages sent to AppstoniA and/or End Users;
Make a false statement regarding your connection with any person or corporation or otherwise provide disinformation or explicitly or implicitly make delusive statements regarding that AppstoniA or any other third party supports you, your User Platform, business, User Products or any other statement;
Carry out a reverse search regarding any other User of AppstoniA without such User's explicit approval upon being informed or trace or attempt to trace such Users or otherwise interfere with privacy rights or other rights of any other User or infringe such rights or gather personal introductory information regarding the visitors or users of AppstoniA Services and/or User Platform;
Disable, bypass or otherwise hinder any precautions used for blocking or limiting the access to AppstoniA Services, User Platform, account of other User(s) or other systems or webs connected to AppstoniA Services through hacking, password search or other illegal or prohibited methods;
Examine, browse or test vulnerability of AppstoniA Services or any other web connected to AppstoniA Services to attacks;
Design, develop, distribute and/or otherwise transmit or upload or otherwise use any virus, worm, Trojan Horse, time bomb, spyware, malware or other computer codes, files or software or actually or potentially malicious, disruptive or hostile code or components that possibly may, or aims to, damage or seize the operation of AppstoniA Services and/or User Platform or any hardware, software or telecommunication equipment;
Engage in any process that lays an unreasonable or disproportional load on the infrastructure of AppstoniA Services or the AppstoniA systems or webs connected to AppstoniA Services, otherwise interfere with or interrupt the operation of servers or webs of AppstoniA Services or hosting or bringing into use such AppstoniA Services or fail to comply with any term, procedure, policy or regulation regarding such servers or webs;
Use any AppstoniA Service and/or User Platform in connection to all kinds of unsolicited e-mail, junk mail, imposture, fraud, phishing, "chain letter", "ponzi scheme" or similar processes or otherwise engage in unethical marketing or advertisement activities;
Access to AppstoniA Services, User Accounts, Licensed Contents and/or User Content through a tool or technology (e.g. copying and surfing) other than our publicly supported interfaces;
Sell the use or access, license or use for a commercial purpose regarding a Licensed Content and/or AppstoniA Services except for cases when explicitly permitted under the Terms of Use;
Remove or change any copyright notification, watermark, restriction or mark, including the copyright mark [©], Creative Commons [(cc)] marks and trademarks [® or ™], included in or relating to AppstoniA Services and/or Licensed Contents; or
Violate, attempt to violate or otherwise fail to comply with any Terms of Use or any applicable law or regulation in terms of using the AppstoniA Services.
Access or use the Services with the purpose of comparing or conducting a similar competition research or creating a rival product or service
You agree that, in the event that you fail to comply with any of the foregoing or make a false statement within this respect, your User Account and/or any Service provided to you may be immediately terminated, that such termination can be performed without any additional notice to you, and that prices paid for such Services will not be refunded.
Intellectual property rights of your User Content and all other materials created by you, including all kinds of designs, animations, videos, audio files, fonts, drawings, compilations, works of art, codes, interfaces, texts, literary works and all other materials created by you, belong to you. In this respect, you grant AppstoniA a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sublicensable right and license with the purpose that AppstoniA Services, as provided in detail in the above Chapter 2.2(5), can be provided to you. AppstoniA does not claim an ownership right on your content. You acknowledge and accept that we may access, upload and/or duplicate your User Content, including cloud services and content distribution networks, in order that we can perform all other technical processes and/or uses deemed suitable and necessary for adjusting display settings, duplicating for backup and providing our services with the sole purpose of providing you with the services.
All rights, ownership and interests () relating to and arising from AppstoniA Services as well as all materials that may be subject to copyright and all contents of such material that may be subject to copyright under the applicable law, including all kinds of works of art, graphic, visuals, website templates and window items, literary works, source and target codes, computer codes (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, "look and feel" of AppstoniA Services, methods, products, algorithms, data, interactive features and objects, advertisement and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URL, trademarks, service marks, trade names and other identifying elements, whether registered and/or registrable, (will be collectively referred to as "Intellectual Property") as well as all derivatives thereof belong and/or are licensed to AppstoniA.
Provided that you fully comply with Terms of Use and pay all applicable Prices in time, as long as AppstoniA accepts to provide you with the AppstoniA Services upon creation of your User Account, AppstoniA grants you a non-exclusive, untransferable and limited license for using AppstoniA Services and the Licensed Content, as explicitly permitted in the Terms of Use and with the condition that such use is only within the scope of AppstoniA Services, with the purpose of creating your User Platform and viewing your End Users and offer your User Products (as defined below) within this scope.
No rights pertaining to or arising from Intellectual Property of AppstoniA (or any part thereof) other than the limited license explicitly granted above are granted in the Terms of Use. Nothing contained in the Terms of Use constitutes a transfer or waiver in terms of Intellectual Property of AppstoniA under any law.
In the event that you make any recommendation, comment or feedback ("Feedback") that may be subject to any Intellectual Property right regarding the AppstoniA Services (not only available, but also recommended or planned services), AppstoniA will be the exclusive owner of such Feedback. By making a Feedback to AppstoniA, you accept that such Feedback may be used by AppstoniA for: (i) further developing, customizing and improving AppstoniA Services, (ii) providing continuous help and technical support, (iii) conveying you any feedback and/or discussion requests regarding customized AppstoniA or AppstoniA based on your Feedback or otherwise in general, (iv) enabling, supporting, presenting, and watching performance of certain promotions, (v) creating bulk statistical data or other bulk and/or extracted information that may be used by AppstoniA for improving its services, (vi) increasing AppstoniA data security and anti-fraud activities, and (vii) complying with the applicable law and regulations. Additionally, you (1) declare and undertake that such Feedback is correct and complete, and does not infringe any third party rights; (2) irrevocably transfer all rights, ownership and interest you may have regarding such Feedback to AppstoniA, and (3) globally, explicitly and irrevocably waive all past, current or future moral rights, artist rights and all other rights pertaining to or arising from such Feedback.
Certain parts of AppstoniA services (as explained in detail in Chapter 10 below, including some Third-Party Services provided within this scope) requires that specific personal identifying and defining information is provided, gathered and/or used. As a part of the access and use of AppstoniA Services and the related Third-Party Services, AppstoniA may gather, access and use certain data regarding Users and End Users, specifically including the actions or navigation performed by Users and End Users through AppstoniA Services and/or User Platforms. We recommend that you regularly view our Privacy Policy and policies of related Third-Party Services within this sense for detailed information on such data collections and uses.
Use of certain AppstoniA Services may be subject to a price that is determined by AppstoniA and AppstoniA at their own discretion ("Paid Services" and "Price(s)", respectively). AppstoniA will make notifications regarding the applicable Prices at the time for such Paid Services. If you want to purchase or use such Paid Services, you must pay applicable Prices in advance.
Our right to make changes to Prices at any time is reserved, provided that we make a notice to you if such change affects your existing subscriptions. If you benefit from a discount or other promotion campaign, AppstoniA is entitled to renew your subscription to the relevant AppstoniA Service(s) with the full applicable Price without making any notice.
Unless otherwise is stated by AppstoniA in writing, all Prices are specified in Euros. Within the extent permitted by the laws (and unless otherwise is stated by AppstoniA in writing), all Prices are specified with all kinds of taxes (including value added tax, sales tax, goods and service tax, etc.), fees and levies ("Taxes") applied by tax offices are excluded, and payment of all applicable Taxes relating to your use of AppstoniA Services or all kinds of payments or purchases performed by you are under your responsibility. In case that AppstoniA is required to collect or pay a Tax regarding Prices paid by you, such Taxes, whether or not previously collected from you upon as an addition to previous transactions, may be added to any unpaid Price and reflected on the Invoice pertaining to the related transaction. We recommend that you check if there are any additional prices that may be collected from you by third parties in relation to purchase or renewal of Paid Services (for example, international transaction fees, foreign exchange fees or amount payable to banks or credit card companies). AppstoniA is not responsible for such additional fees or charges.
By registering or providing your information for benefiting Paid Services, you authorize AppstoniA (either directly or through its subsidiaries, affiliates or other third parties) for requesting and collecting payments from the banks to be specified by your or our payment provider (or otherwise reflecting, prices, refunding or performing other invoicing transactions) and for performing all kinds of inquiries deemed to be necessary for verification of the payment account or mailing information specified by you, including those intended for acquiring your up-to-date payment information from your payment, credit card or bank account provider (for example, updated expiry date or credit card number information to be submitted to us by your credit card company) for assuring that payments to AppstoniA or its subsidiaries are made in time.
AppstoniA and/or its subsidiaries issue an invoice or credit note ("Invoice") for all Price payments and all refunds performed to or by AppstoniA. All invoices are issued electronically and submitted to you through your User Account and/or via e-mail depending on the country of your billing address. You may be requested to provide Personal Information (within the scope of definition provided in the Privacy Policy) in order for complying with the local laws, so that the invoice can be issued. Please remember that the Invoice submitted in your User Account may not meet all legal requirements, and in such case, that such Invoice can only be used for proforma invoice purposes.
Certain Paid Services may, by default, include an automatic renewal option in order to ensure that you do not experience any interruptions or losses of service, and accordingly, unless you do not turn off the automatic renewal option, upon expiry of the subscription to the Services, such subscription may be automatically renewed for a period equal to the initial subscription period (excluding extension periods). For example, if the initial subscription period of a Service is one month, each renewal period will be (when applicable) one month. Within this context, when applicable, AppstoniA will attempt to automatically collect relevant Prices two (2) weeks before the start of such renewal period using the payment method registered in your AppstoniA file. If the receivable Prices cannot be collected from you, we may, fully at our own discretion, try to collect such Prices on a later date (however, we will not be obligated to do so) and/or suspend or terminate your User Account. If your Paid Service is subject to an annual or perennial subscription period, AppstoniA will try to send you a notification at least thirty (30) days before the renewal date of such Paid Service.
You may always turn off the automatic payment option or cancel your Paid Services through your User Account or by visiting the AppstoniA Help Centre.
As explain in detail in the Domain Registry Agreement, certain domains are subject to a different renewal policy. Notwithstanding the foregoing indicating otherwise, the responsibility for verification or successful renewal of AppstoniA Services (whether such AppstoniA Services are subject to automatic subscription renewal) pertains and will pertain exclusively to you. Accordingly, responsibility for cancellation, or otherwise termination, of any previously purchased AppstoniA Service, including cases when applicable repetitive Prices are not reflected or any AppstoniA Service is not subject to automatic subscription renewal process, pertains exclusively to you. You accept and undertake not to make any claims against AppstoniA regarding termination of any AppstoniA Service or Third-Party Service for any reason.
Regarding a monthly or annual service or a monthly or annual subscription commitment, in the event that you are not satisfied with any Paid AppstoniA Services, you may make a notice for cancellation of such AppstoniA Services for any reason within fourteen (14) days as of the first order or activation date ("Refund Period"). In the event that you reside in a jurisdiction requiring a longer Refund Period, we will be glad to comply with such requirements in accordance with the applicable law. In the event that AppstoniA receives a notice within the Refund Period, AppstoniA will refund the price paid for the AppstoniA Services and cancel such service. Upon expiry of the Refund Period, Prices paid by you will be non-refundable and irrevocable. Furthermore, If it is determined by us that a cancellation notice has been made with an illegal attempt in bad faith or in order to avoid making a payment for actually purchased and utilized services, our right to invoice the price of such actually purchased AppstoniA Service to the notifying User within the extent permitted by the law is reserved.
Please remember: payments may not be refunded for certain services purchased within or through the AppstoniA Services. Third-Party Services such as domains, work tools and applications are not included within this scope. Terms regarding each purchased service and application are stated on the AppstoniA Website and/or as a part of or during the purchasing process of such service or application. Verifying that you are able to cancel a service before purchasing such service is under your responsibility. Amounts paid for Non-refundable Paid Prices, applications or Third-Party Services will not be refunded by us.
If we record any time that any Price payable in your AppstoniA account has been declined, requested for repayment or otherwise objected ("Repayment Request"), this will be regarded as the violation of your payment obligations under these terms and your use of AppstoniA Services will be automatically disabled or terminated.
In case of a Repayment Request, your User Account is blocked without repurchasing or reusing options, and all the data, including any domains, applications and Third-Party Services, may be cancelled or subject to Capacity Loss (as defined in Chapter 8.3 below).
Your use of AppstoniA Services will not be restarted unless you resubscribe for such AppstoniA Service or pay all applicable Prices (including Prices pertaining to AppstoniA Services provided prior to the Repayment Request, service and process expenses and fees suffered by the department processing the payment) in full, including all prices and expenses AppstoniA and/or any Third-Party Service suffers regarding each received Repayment Request.
If you have any questions or problems regarding payments made to AppstoniA, we recommend that you contact your Customer Support team before making a Repayment Request or applying for cancellation of a payment in order to prevent that AppstoniA Services are cancelled and your User Account is blocked, also for preventing a groundless or faulty Repayment Request, which will possibly cause you to enter into an obligation regarding the payment of all other relevant Prices in addition to repayment of all Prices pertaining to AppstoniA Services purchased (and requested a repayment) by you.
Our right to raise an objection for any received Repayment Request, including through submitting all kinds of information and documents, proving that the User responsible for such Repayment Request has actually approved the transaction and used the provided services, to the relevant credit card company or financial institution, is reserved.
You may always stop using your User Account and/or any AppstoniA Service and request that such User Account and/or AppstoniA Service is cancelled in accordance with the instructions regarding AppstoniA Services. Effective date of such cancellation will be the date and hour when the cancellation process regarding AppstoniA Services is completed by you, and the effective date regarding cancellation of Paid Services will be the subscription expiry date of the relevant Paid Services.
Notwithstanding the aforementioned specifying otherwise, automatically renewed Paid Service subscriptions will only terminate upon expiry of current period for which a payment has been made. As the cancellation process may take a few days, it must be remembered that the cancellation request must be conveyed at least fourteen (14) days before expiry of the service period in order to prevent the next automatic renewal and charging.
You can visit AppstoniA Help Centre for more information on cancellation of Paid Services.
In the event that any of the Terms of Use are not complied with and/or payable Prices are not paid, AppstoniA is entitled to suspend or cancel the User Account and User Platform (or specific features thereof) as well as any relevant AppstoniA Services (e.g. Paid Services) or Third-Party Services (until the payment is made in full).
Cancellation of your User Account or any AppstoniA Service or Third-Party Service related to your User Account (either upon a request by you or at AppstoniA's own discretion) may result in a partial loss of contents, features or capacity ("Capacity Loss") of your User Account, including all kinds of User Content, End User data and other usage data kept in your User Account as well as any domain reservations or registries included in such Services. AppstoniA is under no liability regarding such Capacity Loss or backup of your User Account, User Content or End User data. Additionally, it must also be remembered that reactivation of a User Account and/or any AppstoniA Service following cancellation thereof may be subject to additional Prices that will be determined fully at AppstoniA's own discretion.
AppstoniA Services also include certain features that allow you to sell products, contents, media and services through your User Platform (referred to as individually "User Products" and collectively "E-Commerce).
Your activities in relation to your User Products and E-Commerce, all kinds of promotions and related Contents included or referred in your User Platform, and within this respect, complying with all the applicable law is exclusively under your responsibility. The sole purpose of providing this platform is ensure that you manage your online E-Commerce activities. We are not involved in your relationships with any actual or potential purchaser of your User Products and/or your performed transactions. When your User Products are purchased by an individual or a legal person, payments pertaining to the relevant transaction are processed through a third party payment service provider ("E-Commerce Service Provider(s)), in which you register and create an account at your own discretion, in accordance with the terms and conditions as well as other applicable policies of relevant E-Commerce Service Provider. We are not a party to the relationship between you and such E-Commerce Service Providers and we are not under any responsibility arising from the actions of such E-Commerce Providers.
By using any E-Commerce features, you also accept and undertake the followings:
All kinds of Taxes and fees related to your E-Commerce activities, including all Taxes regarding purchases or sales of User Products, collecting and reporting the correct amount and paying such amount to the relevant authorities and/or informing the End User on this issue and transmitting a duly issued invoice as legally required are fully and exclusively under your responsibility;
All taxes specified in E-Commerce features provided to you by AppstoniA are for informative purposes only and must not be relied upon;
Covering all expenses regarding the procurement and delivery of your User Products as well as ensuring that your User Products are provided securely, professionally and in compliance with the industry standards is under your responsibility;
All kinds of declarations, commitments, help, guarantees and supports you provide in relation to your User Products are exclusively under your responsibility, and you must provide correct contact information on the User Platform for all questions, complaints and requests.
Regarding your User Products, you cannot offer or sell any information, Content or material that can be regarded as dangerous, fake, stolen, fraudulent, hostile or exploitative; that are prohibited to sell, distribute or use; or that otherwise contradict with any applicable law, including consumer rights, intellectual property or privacy rights, product safety, commercial regulations and sanctions as well as regulations on support, maintenance and export, and in case of such sales;
AppstoniA may, fully at its own discretion, at any time suspend, block access to, or remove your User Platform and/or any User Product, -whether or not included or published under your User Platform or made a part of your User Platform at the time- without entering into any obligation towards you or any End User, including those arising in relation to Capacity Loss.
AppstoniA Services allows you to benefit and procure certain third-party Services, products or tools (will be collectively referred to as "Third-Party Services") that you may use to improve your User Platform and your user experience in general, including, but not limited to domain registry firms where you can purchase a domain for your User Platform, third party applications and window items provided through AppstoniA Website (including AppstoniA App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, tangible products sellers and third party designers that may provide you support regarding your User Platform.
Regardless of how such Third-Party Services are provided to you (as a package along with certain AppstoniA Services or in integration, separately by AppstoniA or parties documented and authorized by AppstoniA or otherwise from any part of AppstoniA Services), AppstoniA acts solely as an intermediary platform between you and such Third-Party Services, does not support such Third-Party Services in any way and is under any responsibility or liability within this regard. AppstoniA is not a party to any relationship between you and any Third-Party Service and is not under any responsibility for monitoring thereof.
You accept that such services may require additional payments to AppstoniA and/or providers of such Third-Party Services.
Risks and responsibilities regarding all kinds of uses of such Third-Party Services pertain to you, and such Third-Party Services may be subject to certain legal and financial terms, which are recommended to be examined prior to the use of such services.
While hoping to never experience such situations, AppstoniA may, fully at its own discretion, any time suspend, block access to, close any Third-Party Service -whether on not included in your User Account and/or User Platform(s) or made a part thereof at the time- or may remove such Third-Party Service from your User Platform(s) and/or AppstoniA Services.
You may be exposed to User Platforms, User Content or Third-Party Services from various sources while using AppstoniA Services, which may be faulty, hostile, explicit or illegal. You waive all legal or equitable rights and legal remedies you have or may have against AppstoniA and AppstoniA within this regard.
If you think that any User or Third-Party Service engage in misconduct or otherwise abuse any AppstoniA Service, please report such User and/or Third-Party Service to us via the [email protected] address. You accept that your notifications within this regard will not put AppstoniA under any responsibility or obligation, that AppstoniA may, fully at its own discretion, assess and act, abstain from acting or request additional knowledge and information before acting upon such notification.
If you think that your work has been duplicated or otherwise used in violation of a copyright, you can report such violation via [email protected] or submit the following information in writing to our Copyright Representative: (1) contact information of the individual authorized to act on behalf of the copyright owner; (2) description of the work protected by copyright, which you claim to have been violated; (3) description of the material claimed to cause a violation or be subject to a violating act and must be removed or blocked to access, adequate information (including a URL address) to AppstoniA for finding such material; (4) a statement, based on your good will, that the use of the material in a way specified in the complaint is not permitted by the copyright owner, his/her representative or the law; and (5) provided that the information in the notice is correct and being subject to penalty of false statement, a statement regarding that you are the owner of the copyright claimed to be violated or authorized to act on behalf of such owner.
You can contact Copyright Representative of AppstoniA through the following address:
AppstoniA OÜ
Address: Sepapaja 6, Tallinn 15551, Estonia
E-mail: [email protected]
In the event that AppstoniA receives a notice of a copyright violation regarding your User Account or User Platform, AppstoniA may, fully at its own discretion, cancel your User Account or remove your User Platform or any Content without a prior notice. In such case, you can make a proper notice that must include the following information: (1) your name and surname, address, phone number and wet-ink or electronic signature; (2) description of the material and its location before being removed; (3) a statement regarding that the material has been removed unintentionally or due to misdescription, subject to the penalty of false statement; (4) your consent regarding an applicable judicial body. All notices made as per this chapter 11 are regarded as accepted and applicable, full at AppstoniA's own discretion. AppstoniA's right to inform the violating person or corporate on such counter statement and provide any detail within this scope is reserved.
AppstoniA Services are provided by us without a warranty based on "as is", "under no guarantee" and "as put into service" principles within the widest extent permitted by the laws, including all implicit warranties and terms regarding merchantability, fitness for a specific purpose, labour faulty as well as non-violation of any guarantee. Specifically, no statements or undertakings are made by us regarding that AppstoniA Services (or any part, feature or Content thereof) are complete, correct, at a certain quality, reliable or secure in any way, are (or will be in at a certain point) compatible with any activity, device, operating system, software or tool anticipated by you (or your End Users), or that such AppstoniA Services comply with any law you or your End Users (including those applicable in your activity jurisdiction) are subject to, or that they will be free of any viruses, bugs or other malicious components or programs upon their operation. Furthermore, any institution, product or service referred to or put into service within the scope of AppstoniA Services (including Third-Party Services) are not supported by us. Therefore, please make sure of the correctness of such institution, product or service before using them.
AppstoniA may, fully at its own discretion (and without any obligation within this respect), always scan, monitor and/or arrange any User Platform and/or User Content for any reason with or without giving a notice.
Notwithstanding the aforementioned specifying otherwise, AppstoniA is not, under any circumstances, regarded as the "publisher" of any User Content, does not support any User Content in any way and does not assume liabilities regarding any loss, damage, expenses or charges that you or other parties may suffer due to or in connection with any User Content loaded by any User or a third party to/through the AppstoniA Services, and due to any uses of such Content by a third party or any loss, deletion or damages experienced or publishing or accessing and/or relying on any User Content. Furthermore, AppstoniA will not be under any liability due to any faulty, offensive, defamatory, lying, obscene, pornographic, provoking and/or illegal and/or violating User Contents that you or any other party may encounter.
You agree that there may be risks regarding using AppstoniA services and/or connecting to and/or establishing relationships with any Third Party User through or in connection with AppstoniA Services and that AppstoniA does not and will not guarantee that such uses and/or interactions will not be concluded in a certain way, and you assume all kinds of risks, liabilities and/or damages that may arise in connection with and/or as a result of such interactions. Such risks may involve, beside others, disinformation, violation of warranty and/or agreement terms, infringement of rights and claims for consequential damages in relation to and/or by Third-Party Services and/or Licensed Contents.
AppstoniA recommends that AppstoniA Services are used to store personal content, and does not accept any security or integrity liability or risk regarding violation or damaging of such content.
Remember that certain AppstoniA Services may be put into service in BETA version. You acknowledge and accept that certain AppstoniA Services may still contain bugs, cause delays and not work the way they are planned or specified to. Your use of AppstoniA Services in BETA stage means that you accept participating in BETA tests of such AppstoniA Services.
AppstoniA does not assume any liabilities regarding interruptions, malfunctions or problems that may prevent operation of the AppstoniA Services regarding infrastructure service, access service, software service, etc. all services received by AppstoniA within the scope of Third-Party Services.
AppstoniA, its authorized personnel, managers, shareholders, employees, subsidiaries and/or agents are not put under any liability regarding (1) any error, fault or deviation pertaining to or contained in any content; (2) all kinds of personal injuries or material damages in relation to your use of AppstoniA Services; (3) unauthorized access or otherwise use of our servers and/or any personal information and/or other information stored within this scope; (4) any interruptions or lags experienced in transmissions sent to or received from AppstoniA Services; (5) uses or views of any Content or User Content published in AppstoniA Services, sent via e-mail, transmitted or otherwise put into service; (6) all kinds of internet failure, hardware malfunction, power cuts, strikes, labour disputes, insurrections, coup, civil disturbance, lack of labour or material, fire, flood, storm, earthquake, explosion, acts of god, war, terrorism, intergalactic conflicts, governmental activities, decisions of the court, agency or arbitration committee or non-performance by third parties; and/or (7) all kinds of direct, indirect, accidental, special, penal or consequential damages, including all losses/damages arising outside AppstoniA's reasonable control, including loss of use, data, profit, betterment and other non-pecuniary losses arising from uses or non-uses of all or any of AppstoniA Services.
You accept that this limitation of liabilities means the distribution of risk determined and agreed in partial consideration of significance of AppstoniA Services, and that such limitation will be effective even when AppstoniA is informed of the possibility that such liabilities may arise.
You accept to defend, indemnify and hold harmless AppstoniA, its authorized personnel, managers, shareholders, subsidiaries and agents against all kinds of claims for damages, liabilities, costs, debts and expenses (including attorney's fees) arising from the followings: (1) violation of any of the provisions hereof or any other AppstoniA Terms by you; (2) violation of any third party rights, including all copyrights, access rights, property rights and privacy rights, arising from your User Platform, User Content and/or our use of AppstoniA Services including, but not limited to legal actions initiated by AppstoniA Services on your behalf; (3) other demands and claims regarding your User Platform and/or User Content cause damages suffered by a third party.
AppstoniA's right to change, suspend or terminate any AppstoniA Service (or any feature or applicable prices thereof) and/or block the access to any AppstoniA Service (including removal of all materials generated by you in relation to AppstoniA Services) and/or change any AppstoniA Term any time and in any way with or without prior notice is reserved. You accept that AppstoniA will not be under any obligation towards you or any other third party regarding the change, suspension or termination of such AppstoniA Services in any way. In cases that such changes require payment of additional Prices, such Prices will be notified to you before the concerned changes are activated. In case that you fail to pay or refuse paying such Prices, we may (fully at our own discretion) cancel your User Account (as explained in detail in Chapter 8), continue to support your active AppstoniA Services at the time without activating such changes, or provide you alternative Services.
These Terms of Use, rights and legal remedies granted hereunder as well as all claims for damages and disputes in relation to interpretation, infringement, termination or effectiveness of AppstoniA Services, relationships arising from or in relation to these Terms of Use or any relevant transactions or purchases will be solely and exclusively governed by, interpreted and performed according to State of Israel national substantive law, without consideration of conflict of laws principles.
All such claims for damages and disputes will be submitted to a competent court located in Tallinn Estonia, and you hereby approve that such claims and disputes will be exclusively resolved by such courts. Application of the United Nations Convention on Contracts for International Sales of Goods has been explicitly left outside the scope.
All disputes between AppstoniA and you, being subject to the applicable law, will be resolved individually and you will not be entitled to make any claims against AppstoniA as the complainant or member of a class action, consolidated or representative case (or any other legal proceeding carried out by a group or representative on behalf of third parties).
You may give a notice to us by using any of the following methods: (1) through AppstoniA Services, including a banner or pop-up window to be placed on AppstoniA Website or within the User Account or any other part; (2) via an e-mail to be sent to the e-mail address submitted by you; and/or (3) any other method, including the phone number or physical address submitted by you. Unless otherwise stated in the notice, the notice given to you by AppstoniA will be regarded as received and effective after twenty four (24) hours following the publication or delivery of such notice through any aforementioned methods.
These Terms of Use and your use of AppstoniA Services do not constitute, or are not interpreted to do so, any partnership, joint venture, labour, representation or franchiser-franchisee relationship between AppstoniA and you.
These Terms of Use, as well as other legal notices or price notifications sent to you by Terms of Use and AppstoniA, constitute the entire agreement between you and AppstoniA in terms of their subjects and replace all written or verbal, previous or simultaneous agreements, understandings, commitments, terms, negotiations, undertakings and statements performed between you and AppstoniA, including those performed by and between our representatives in relation to any AppstoniA Service. Furthermore, you accept that you do not rely on any commitment, incentive, declaration, expression, statement or statement liability of AppstoniA while agreeing to any of the AppstoniA Terms.
AppstoniA may transfer its rights and/or obligations hereunder and property rights regarding AppstoniA Services and/or Licensed Content to a third party without your approval or a prior notice. You cannot transfer or assign your rights and obligations hereunder without a prior written approval of AppstoniA. All transfer or assignment attempts without prior explicit and written approval of AppstoniA are deemed null and void. In all cases, any transfer or assignment to be performed as per this Chapter 15.6 does not entitle AppstoniA to cancel any AppstoniA Service or Third-Party Service applicable at the time.
In case that any provision included in these Terms of Use is deemed to be invalid, illegal, void or unenforceable due to any reason, such provision is regarded severally and does not affect the effectiveness or applicability of the remaining provisions. Waiver of any violation or default regarding any Terms of Use is not deemed as a waiver of a previous or future violation or default.
You may use one of the following options to contact with our Customer Services department:
By visiting AppstoniA Help Centre through the following address: https://www.appstonia.com/contact.html
By sending an e-mail to: [email protected]