Website Terms and Conditions
You agree that by clicking “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Appymix (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to Appymix.com, Appymix-branded pages, and other Appymix-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services, such as our ads. Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with AppyMix (also referred to as “we” and “us”).
We use the term “Designated Countries” to refer to countries we do not do business in. Iran, North Korea, Syria, Sudan, Cuba, Venezuela, Crimea, Russia, Balkans, Belarus, Central African Republic, Congo, Iraq, Lebanon, Liberia, Somalia, Yemen and Zimbabwe (US Embargoed Countries).
The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services. Appymix may collect information on customer’s internet performance for the limited purpose of improving the network reliability and scalability.
In the event a service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Appymix shall have the right to refuse or cancel any orders placed for service listed at the incorrect price. Appymix shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Appymix shall immediately issue a credit to your credit card account in the amount of the incorrect price.
1.2 Members and Visitors
When you register and join the Appymix Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
2.1 Service Eligibility
Here are some promises that you make to us in this Contract:
You are eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 18.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Appymix account, which must be in your real name; and (3) you are not already restricted by Appymix from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
“Minimum Age” means 18 years old. However, if law requires that you must be older for Appymix to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
You will keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow the law and the Professional Community Policies (2.2.1). You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you.
2.2.1 Professional Community Policies
A core value here at Appymix is to put our members first. These Professional Community Policies ensure that the millions of conversations taking place each day on our services help our members be more productive and successful and are free of inappropriate and unwanted content or behavior. These policies, which we continue to develop, provide guidance and rules for the use of our services.
We ask every member on Appymix to act responsibly. If you see something that you believe may violate our policies, please report it to us at firstname.lastname@example.org. This includes whether it appears in profiles, posts, comments, conversations, or anywhere else.
A violation of these policies may result in us taking enforcement actions. Depending on the severity of the violation and a member’s behavior or account history, we may limit the visibility of certain content, remove content from our platform, or even restrict a member’s account in the event of severe or repeated offenses. One and Two Stars given by a Appymix Member will be taken into consideration for immediate enforcement. If you believe action taken on your content or your account was in error, you can submit a request to appeal your case at email@example.com. Thank you for using Appymix.
Together we can keep our platform a safe, trusted and professional place where we can create economic opportunity for everyone.
Be trustworthy. Our members must be real people, who provide their real name and accurate information about themselves. We don’t allow fake profiles on our platform and it’s not okay to provide misleading or deceptive information about yourself, your qualifications, work experience, affiliations, or achievements.
This includes a clear no-tolerance policy for harassment on Appymix, in whatever form it can take — unkind words, unwanted romantic advancements, hate speech or bullying. We use a combination of technical and human measures to detect harmful content and when we find it, we will act accordingly. We encourage you to report it by sending us a message to firstname.lastname@example.org.
Be professional. We acknowledge the value of discussions around professional activities and ask our members to behave professionally by not being dishonest or inappropriate. When creating content, we ask that you keep it professional, relevant, and on-topic. Do not share false information or use the services to shock or intimidate others. And it is not okay to share graphic, obscene, or pornographic content on the services.
Be safe. We strive to maintain a civil and friendly community for our members. The services should not be used to harm others or their careers or business prospects or to air personal grievances and disputes. It is not okay to harass, abuse, or send other unwelcome communications to people (e.g., romantic advances, sexually explicit content, junk mail, spam, chain letters, phishing schemes). We do not allow hate speech, hate groups, terrorists, or those who engage in violent crimes on the services.
Respect others’ rights and follow the law. Before sharing or using someone else’s copyrighted works, trademarks, private information, or trade secrets, make sure you have the legal right to do so. The services should not be used for illegal activities, promoting illegal products, or violating the rights of others. Don’t use the services to commit fraud or to try to trick others. Also, don’t use the services to intentionally distribute viruses, worms, or other software that can destroy or interrupt others’ data or computer devices.
Respect Appymix’s rights. Do not violate the rights of Appymix. It is not okay to suggest that you’re affiliated with or endorsed by Appymix when you’re not. Do not violate our intellectual property rights, scrape the services, or interfere with or disrupt the services.
You will honor your payment obligations and you are okay with us storing your payment information. All payments are in USD.
Refunds are subject to our policy.
If you buy any of our paid Services (“Appymix App Services”), you agree to pay us the applicable fees and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Any purchase made on our site will be made with your own banking account or credit card. You may not use someone else’s card for payment at any time. Additionally, you may not offer to pay for another party’s purchase from Appymix. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. If you purchase a subscription as a Member of Appymix, your payment method automatically will be charged at the start of each subscription period for the fees applicable to that period unless you have secured two new Appymix Members who have purchased a full Membership and then Your Account is at 1/2 the price for Life. This Lifetime Membership is not transferrable. To avoid future charges, cancel 5 business days before the renewal date. To cancel, email us a cancellation request to email@example.com with Subject Line “Cancel Membership”. Once the account is closed, all services in the back office of the member website portal will no longer be available and all access will be denied. All of your purchases of Services are subject to Appymix’s refund policy (2.3.1).
2.3.1 Refund Policy
You have 3 days (or whatever the “cooling off period” is for your state, province, country, etc. is) from the day your account was activated to receive a full refund. All other access to the back office portal will be disconnected and any trainings and free offers will be revoked. To request a refund, please send an email to firstname.lastname@example.org with Subject Line “Refund Request”.
2.4 Notices and Messages
You agree to allow us to provide notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
- Rights and Limits
3.1. Your License to Appymix
You own all the content, feedback, image uploads, products, and personal information you provide to us, but you also grant us a non-exclusive license to it.
As between you and Appymix, you own the content and information that you submit or post to the Services, and you are only granting Appymix and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to Appymix, you agree that Appymix can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your Appymix profile and App products will be truthful.
You agree to only provide content or information or products that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Appymix may be required by law to remove certain information or content or products in certain countries.
3.2 Service Availability
We may change or end any Service or modify our prices prospectively.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
3.3 Other Content, Sites and Apps
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such third-party site. Once you click a link to leave our Appymix webpage, we are no longer liable for your privacy and data collection. Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through our Services, and we are not responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Appymix generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices on who they do and do not connect with and Appymix has no obligation to force anyone to connect or not connect with you and your profile.
Appymix may help connect Members offering their services (career coaching, accounting, etc.) with Members seeking services. Appymix does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that Appymix does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Appymix is not responsible for the offering, performance or procurement of these services, (2) Appymix does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Appymix and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.
We have the right to limit how you connect and interact on our Services.
Appymix reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Appymix reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Professional Community Policies).
3.5 Intellectual Property Rights
Appymix reserves all its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Appymix, and “in” logos and other Appymix trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Appymix.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Appymix. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
a. Feedback: Customer, may (but are not required to) provide Appymix with suggestions, comments or other feedback regarding the Products (“Feedback”). If Customers do provide Appymix with Feedback, then Appymix may, and you hereby grant Appymix a license to, freely use, disclose, reproduce, license, distribute and otherwise commercially exploit such Feedback in connection with any product, technology, service, specification or other documentation.
b. Advertising Agencies: For clarity, if you are an advertising agency, your own internal use of any Product, including the Service, does not include use of the Product by or for any of your customers or by or for any other third party (including any sister agency).
3.6 Automated Processing
We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
- Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
HPPYMIX AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, APPYMIX AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
Appymix its officers, managers, members, employees, attorneys or agents shall be liable (jointly or severally) under no circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but not limited to the use of services offered by Appymix data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by Appymix or the materials on the Site. The fact remains true despite the advice given to Appymix or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not be applicable to everyone since some states do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.
These are the limits of legal liability we may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS APPYMIX HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), APPYMIX, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
APPYMIX AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO APPYMIX FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $197.
Disclaimer of Warranty
Appymix disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible pursuant to applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the Site; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of the any content on the Site; any losses or damages; or any conduct by users of the site, either online or offline. Appymix does not warrant or represent the use or results of the use of the services or materials on the Site in terms of correctness, accuracy, reliability, or otherwise. The users/clients shall assume the entire cost of servicing, repair or correction.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Appymix and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Appymix or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
We can each end this Contract, but some rights and obligations survive.
Both you and Appymix may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback; Members and/or Visitors’ rights to further re-share content and information you shared through the Services; Sections 4, 6, 7, and 8.2 of this Contract; Any amounts owed by either party prior to termination remain owed after termination.
You can email us at email@example.com to close your account.
- Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, you and Appymix agree to resolve it in Texas courts using Texas law.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
You and Appymix agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Appymix both agree that all claims and disputes can be litigated only in the federal or state courts in Williamson County, Texas, USA, and you and Appymix each agree to personal jurisdiction in those courts.
- General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we do not act to enforce a breach of this Contract, that does not mean that Appymix has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Appymix may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
- Appymix “Dos and Don’ts”
Appymix is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Services.
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; Provide accurate information to us and keep it updated; Use your real name on your profile; and Use the Services in a professional manner.
You agree that you will not:
Create a false identity on Appymix, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account; Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views); Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Appymix; Disclose information that you do not have the consent to disclose (such as confidential information of others. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license; Violate the intellectual property or other rights of Appymix, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Appymix” or our logos in any business name, or email. Post anything that contains software viruses, worms, or any other harmful code; Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source; Imply or state that you are affiliated with or endorsed by Appymix without our express consent (e.g., representing yourself as an accredited Appymix trainer and/or repersentative); Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Appymix’s consent; Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Appymix’s consent; Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages; Monitor the Services’ availability, performance or functionality for any competitive purpose; Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
- Complaints Regarding Content
Contact information for complaint about content provided by our Members.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. Contact us at firstname.lastname@example.org Subject Line “Complaints” and we will look into your complaint within 3 business days.
- How To Contact Us
Our Contact information is on the website at https://appymix.com/contact-us/ for the Contact Form.You can also contact us directly at the office at 1-512-939-5969 or by email at email@example.com
© 2021 – Appymix