Terms

Introduction

We created ClickAppy with you in mind. ClickAppy is primarily an online application and promotion builder with a lot of additional extras. The tools are user friendly so that you can easily create engaging applications and marketing campaigns for your Facebook Pages. We are working hard to provide you with a great user experience and to save you both time and money when creating awesome applications and promotions. In return we ask that you respect the platform, follow our rules and respect other people while using ClickAppy.

We would like to leave it at that but we thought you might also like to read the latest novel we’ve been working on,  titled, ”Terms and Conditions”.
Happy reading :)

Terms and Conditions

The terms and conditions are in full effect as of May 1, 2013, by ClickAppy. Updates to the terms and conditions can be applied at any time and you the user are responsible for keeping up to date while using the services provided. ClickAppy will make every effort to notify you of updates to this agreement and the services, to which you approve by continuing your use of ClickAppy or its associated properties.
By using ClickAppy you agree that you are of legal age to agree to a binding contract and that you have fully read and understand the Terms and Conditions here-in. That you have not been banned from using ClickAppy previously. That you are not accessing or are using ClickAppy to gain knowledge to create or build a service that is in competition with ClickAppy. That you acknowledge full and sole responsibility to follow the Terms and Conditions of ClickAppy. That you are solely responsible for adhering to all federal, state and local laws. That you will comply with the terms and conditions (or similar) agreements of Third party websites for which you connect to while using ClickAppy.

Index

1. Background
2. Definitions
3. The Services
4. Service content
5. License from ClickAppy
6. License for your material
7. Terminating agreement
8. Limitation of liability
9. Marketing
10. ClickAppy’s rights
11. Confidentiality
12. Headlines
13. Terms of void
14. Applicable law and disputes
15. Facebook Terms
16. Applications and Browsers
17. Transfers
18. Payments
19. Upgrades, downgrades, cancellations and refunds
20. Cookies
21. ClickAppy Content Policy
22. User generated content

 

1. Background

This agreement regulates your (”You, The User”) use of ClickAppy’s products, software, services and online properties (”The Services”) as well as the Terms and Conditions as stated by ClickAppy (“Terms and Conditions”)

2. Definitions

In this agreement, the following expressions will have these presented meanings:

ClickAppy” refers to ClickAppy, traded as ( “ClickAppy” ) and (“ClickAppy.com”) by SkandNet Media AB, including all products, software, services, intellectual and online properties as well as the Terms and Conditions as stated by ClickAppy.

“You” or “Your” or “You, The Useror “The User” Any Company, Agency, Person or Third Party using the products, software, services and online Properties of ClickAppy

Agreement” concerns these Terms and conditions and all attached appendices or documents referring to this agreement’ to which you have approved in order to access the services.

Terms and Conditions” applies to the terms of this agreement and any documents that refer to this agreement as the additional terms for that document, to which you have approved in order to access the services

The Party” concerns ClickAppy or ”You, The User”  when spoken of separately.

The Parties” concerns ClickAppy and”You, The User” when spoken of together.

External Services” concerns Services not owned or operated by ClickAppy but utilized by ClickAppy to meet objectives, including but not limited to:  websites, resources or services, Sponsor websites, social networking websites, and payment processing services.

“The Services” includes and concerns use of ClickAppy’s products, software, services, intellectual property, partnerships and websites in accordance with the agreement.

3. The Services

ClickAppy works continuously to improve The Services in order to better the experience and benefits for the user. You approve that the form and nature of The Services can be altered from time to time without a prior notification being made to you. In order to allow access to The Services, ClickAppy sometimes needs personal information from you. ”You, The User” confirm that all the information given to ClickAppy by ”You, The User”  will always be true and current. ClickAppy agrees that the personal information will only be used in order to provide you, with The Services. You, agree that you will not participate in any form of activity that disturbs or interrupts The Services directly or indirectly. ”You, also agree that they will not duplicate, copy, sell, or trade The Services without a written approval from ClickAppy.

4. Service content

ClickAppy reserves the right (but has no obligation) to preview and prevent, remove or filter any information and content that can be considered as offensive at the discretion of ClickAppy. ”You, The User” approve that ClickAppy (or ClickAppy’s licensors) have full ownership of The Services, including all intellectual property rights that The Services include. ”You, The User” understand that The Services can contain confidential information and that ”You, The User”  cannot disclose this information without a prior written approval from ClickAppy. ”You, confirm that you will not use any company or organizational name, brand or such in a way that can be considered as offensive or subject of confusion. ClickAppy does not make guarantees for time of delivery and reserves the right to deliver under the time-current conditions. ”You, The User” approve that ClickAppy has the right to install measurement tools where necessary.

5. License from ClickAppy

ClickAppy grants ”You, The User”  a personal, royalty-free, non exclusive license which is non-transferable, to use The Services. The only purpose with this license is to enable ”You, The User”  to use The Services according to ClickAppy’s policies and recommendations according to this agreement. ”You, The User” cannot change, create, or in any other way use ClickAppy’s source of The Services without a written approval from ClickAppy.

6. License for your material

”You, The User” hold copyright and all other rights to material that ”You, The User”  provide ClickAppy with.
By providing ClickAppy with material via The Services, ”You, The User”  grant ClickAppy a never-ceasing, non revocable, royalty free and non exclusive license to reproduce, adjust, translate, publish, deliver, show and distribute your  material. The only purpose with this license is to enable ClickAppy to show, distribute, and market, modify and improve the The Services. ”You, The User”  approve that material can become accessible by a third-party or third-parties with the intention of fulfilling ClickAppy’s commitment under this Agreement. ”You, The User”  are aware ClickAppy can transfer or distribute the material in different External Services and alter the material to adjust it to its intended aim. You confirm that you have full rights to grant the above mentioned license.

7. Terminating agreement

ClickAppy can at any time terminate your account if: a) ”You, The User”  have broken any of the provisions stated in this Agreement; b) ClickAppy is forced by laws or regulations; c) Partners of ClickAppy who help provide The Services terminate their relationship with ClickAppy or stop providing ”You, The User”  with The Services; or d) ClickAppy decides that providing ”You, The User”  with The Services is no longer commercially viable or in the best interests of ClickAppy

8. Limitation of Liability

The Service may provide, or third parties may provide, links to other websites, resources or services, including without limitation, social networking websites, hosting and payment processing services. Because ClickAppy has no control over such websites, resources or services ”You, The User”  acknowledge and agree that ClickAppy is not responsible for the availability of such external sites and that ClickAppy cannot be held responsible or liable for any disruptions caused by external sites to promotions, content, advertising, products, services or other materials. ”You, The User”  further acknowledge and agree that ClickAppy and its associated companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors 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 of any such promotion, content, goods or services available on or through any such website, resource or service.
ClickAppy and its licensors cannot be held responsible for any indirect damages or following losses, including but not limited to, loss of revenue, goodwill or data. Furthermore, ClickAppy cannot be accountable for any of the losses or damages caused by your  reliance on the completeness, accuracy or existence of The Services or External Services, changes or cessation of The Services, your failure to provide ClickAppy with the correct information or your failure to keep passwords and contact information safe and confidential.

”You, The User” should be aware that ClickAppy’s terms and policies no longer govern beyond the services and products that ClickAppy provides. ”You, The User”  are advised to review the terms of use and privacy policies of any third-party websites or External Services that you wish or make use of, via the services and products ClickAppy provides, prior to agreeing to the use of such External Services through ClickAppy.

9. Marketing

”You, The User”  approve that ClickAppy can use names and logos in presentations, marketing material, client lists, financial reports, and on ClickAppy’s website for a promotional, purpose, without you having rights to any financial claim.

10. ClickAppy’s rights

You confirm that ClickAppy owns all intellectual property rights, including but not limited to technology, software, codes that may be related to ClickAppy’s function and that you cannot claim any rights other than those stated in the Agreement. You also confirm that you will not modify, copy, build on, or in any other way benefit from ClickAppy’s rights.

11. Confidentiality

You commit not to disclose confidential information to third parties regarding this Agreement or regarding ClickAppy. Confidential information regarding ClickAppy in this context naturally refers to all aspects of information – technical, commercial, and all other aspects – regardless if the information has been documented or not, that ClickAppy wishes to keep secret, with the exception of information which is or becomes commonly known or which has or will become available as general knowledge in another way than a breach against these statements.

12. Headlines

The headlines in this Agreement are inserted solely for editorial purposes and should not be used as a basis of interpretation of The Agreements substantive provisions.

13. Terms of void

Shall any provision of this Agreement (or part thereof) be found to be invalid; this will not make the Agreement or the entire provision in full, invalid.

14. Applicable law and disputes

4.1.

Swedish laws shall be applied to this Agreement.

14.2.

Dispute in respect to this Agreement shall be settled by arbitration under the
Stockholm Chamber of Arbitration Institutions rules for expedited arbitration.
Arbitration shall take place in Stockholm.

14.3.

Arbitration called with reference to this arbitration clause shall be treated with confidentiality. The confidentiality rule refers to any information that emerges, during the procedure and decision making or arbitration, given in respect to the procedure. Any confidential information that emerges shall not be passed on to a third party in any way without a written approval from the other Party. A Party shall, however, be able to forward such information to optimally utilize their right against the other Party by reason of the dispute, or if the Party is required under the constitution, regulation, administrative decision, exchange contact or any equivalent, to submit such information.

14.4.

If this Agreement, or parts thereof, is transferred to a third party, this third party is automatically bound by the arbitration clause.

15. Facebook Terms

Facebook Terms are applicable for ”You, The User”  when connecting to the Facebook Platform.  As part of the Services ClickAppy provides, Facebook requires that ClickAppy notify ”You, The User”  and require ”You, The User” to agree to Facebook Terms and Conditions in connection with your use of the Facebook platform: http://www.facebook.com/terms.php

16. Applications and Browsers

16.1

Unless otherwise stated all applications generated by ClickAppy can include ClickAppy’s Logo and/or ClickAppy brand elements in the application. Applications generated by ClickAppy are supported by most modern browsers.

16.2

Where applicable Mobile web applications are supported in the most modern browsers on most modern smart phones.

17. Transfers

You  approve that ClickAppy can at any time limit the number of transfers ”You, The User” creates through The Services and the amount of storage space needed to provide The Services, even though these limitations may not exist presently.

18. Payments

When launching an application or choosing to subscribe for the first time you will be asked to submit payment information. To process payments ClickAppy uses PayPal Subscriptions and Recurring Payments. You will be required to agree with PayPal’s terms and conditions before making payment.
Your selected subscription will automatically renew, and you will be automatically billed for the following if your subscription is still active. You can, however, upgrade, downgrade or cancel your subscription at any time. Should your payment fail to register for whatever reason, ClickAppy has the right suspend your account until the payment issue has been resolved. It is your responsibility to make sure that your selected form of payment and contact details are current and up to date.

18.1 PayPal

Why do we use PayPal?

We currently use PayPal to allow you to purchase our services using any major credit card or bank account. We want you to order with confidence and peace of mind that for credit card number and details remain secure and private. When agreeing to subscribe you will be taken to ClickAppy’s online order page, which is hosted on PayPal’s secure servers.

What is PayPal?

PayPal is an account-based system that lets anyone with an email address securely send and receive online payments using their credit card or bank account.All payments will be made over a secure encrypted connection so credit cards numbers and private details cannot be stolen in transit; this is as secure as online ordering can be.All payment processing is handled by PayPal which processes thousands of transactions per day.

PayPal Legal agreements which may apply to you can be viewed here: https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=ua/Legal_Hub_full&locale.x=en_US

18.2 Fees, Levies and Taxation (excluding Sweden)

ClickAppy prices and fees are exclusive of any form taxation, duties or levies from any authority. Therefore you are fully responsible for making payment of any taxes, duties or levies that occur or are required due to your use of ClickAppy.

18.3 Fees, Levies and Taxation (Sweden)

If you subscribe to ClickAppy from a registered Swedish company, ClickAppy has the right to add 25% Moms to any prices and fees to which you have agreed to, subscribed to, occur or are required due to your use of ClickAppy. The additional 25% will be added upon payment and ClickAppy makes no guarantee to publish the additional 25% in combination with prices or fees listed on the websites or other properties of ClickAppy.

19. Upgrades, downgrades, cancellations and refunds

You can choose to upgrade, downgrade and cancel your ClickAppy account at any time. The following conditions apply:

19.1 Upgrade

Upon upgrading the changes to your account will take place immediately and you will be charged the difference between your prior account and your upgraded account.

19.2 Downgrade

Upon downgrading the changes to your account will take place immediately and you will not receive any refunds or reimbursements for the difference between your prior account and your downgraded account.  When your next subscription payment is due, you will be charged the amount that is required for the account that you have downgraded to. By choosing to downgrade you understand and agree that you are solely responsible for any loss that this may cause including but not limited to, loss of revenue, goodwill, ClickAppy features and functions, content or data that were previously available to you.

19.3 Cancellations

You can choose to cancel at anytime. Should you choose to cancel it is solely your responsibility to make sure that you have cancelled your account fully and properly.
By choosing to cancel you understand and agree that you are solely responsible for any loss that this may cause including but not limited to, loss of revenue, goodwill, ClickAppy features and functions, content or data that were previously available to you. Upon cancellation , your account and everything associated with your account will no longer be available to you or recoverable. ClickAppy retains the right to continue to backup & store data created by your account even after cancellation, ClickAppy also retains the right to delete and remove your data at any time after cancellation.
To avoid any misunderstanding we provide only one way for you to cancel your account through ClickAppy.

Alternatively if your subscription is cancelled via a PayPal account, your account will be suspended when your next payment is due upon the payment failing to register in ClickAppy.
Cancellations by phone, electronic or postal mail, forums, and forms connected to ClickAppy or any other form of correspondence will not be accepted and your account will not be cancelled.

19.4 Refunds

In general ClickAppy does not provide refunds or credits. Under exceptional circumstances and in goodwill ClickAppy may choose to provide a refund or credit your account but has no obligation to do so under any circumstances.

20. Cookies

A ‘cookie’ is a small piece of text stored on your computer, phone or whatever device you use to surf the Internet. Cookies have many uses, but fundamentally they are used to store information about you on your computer, or to help provide a service that you request. You agree that ClickAppy uses Session Cookies. These are used by the server to store information about user page activities so users can easily pick up where they left off on the server’s pages.  They are usually removed when the browser is closed.

21. ClickAppy Content Policy

You agree not to use any robot, spider, scraper or other automated means to access the Website for any purpose. Not to take any action that imposes, or may impose in ClickAppy’s sole discretion, an unreasonable or disproportionately large load on ClickAppy’s servers or third-party serving or other infrastructure, or to interfere or attempt to interfere with the proper operation of the ClickAppy or ClickAppy’s properties.
You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to “framing” the Website’s content within another site or “hotlinking” to any Website content, without written permission from ClickAppy.

22. User generated content

You may post and submit ideas, questions, and information, links, images and content in order to effectively use the services provided by ClickAppy. Collectively, anything you add to make actively add to ClickAppy or properties of ClickAppy is considered “User-generated content. By adding User-generated content to ClickAppy, you agree that you have the right to post such User-generated content, that ClickAppy is not responsible for any confidentiality of your User-generated content, and that ClickAppy may use or disclose your User-generated content in any way, form, or capacity. ClickAppy cannot be held Accountable for any such content. Nevertheless, ClickAppy reserves the right to monitor content, and remove any User-generated content that may be illegal, protected by trademark or other proprietary laws, vulgar or offensive, or may cause confusion, as determined by ClickAppy.