IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND/ OR USE THE SERVICE.
The following terms of service agreement (the "Agreement") constitutes an agreement between you (“user”, “you”) and Appchieve Oy, business ID 27637351, Eteläinen Asemakatu 2a, 11130 RIIHIMÄKI, FINLAND, firstname.lastname@example.org ("Appchieve" "we," "our" or "us"). This Agreement governs your use of software and services available at https://www.appchieve.net for the purposes of creating and publishing of achievements defined below in this Agreement (hereinafter “Service”).
BY CLICKING “REGISTER” DURING THE REGISTRATION PROCESS YOU ACCEPT AND UNDERTAKE TO BE BOUND BY THIS AGREEMENT.
If you are using the Service on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a user, do not conclude the Agreement, do NOT click “Register”. By becoming a user, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
No person under the age of 13 or who is a minor under his/her local legislation is eligible to use the Service. In the event that you are of the age of 13 or older but a minor in your country, you will need to obtain consent from your parent(s) or other legal guardian(s) for using the Service and complete the registration on your behalf for you. By becoming a user of the Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
The Service consists of software and mobile application, which allows you to accomplish achievements which companies engaged with Service have created (“Achievements”). Achievements represents a quantitative goal that the individual users can accomplish within the Service. When you meet or exceed the Achievement, the Achievement is considered earned, and you will be rewarded. The reward is always defined by the company who has created the individual Achievement.
No devices or connections necessary for the use of Service are provided subject to this Agreement. User are responsible for purchasing, maintaining and updating such devices and connections, including (1) all equipment necessary for their own Internet connection, handheld device, mobile phone, computer and modem and (2) provision for user’s access to the Internet, and (3) payment of any fees relate with such connection.
Registration is required to access the features of this Service. Your registration shall not impose any duty on us to provide any particular service to you. You promise that the information you provide or provided in connection with registration to, and use of the Services is true and accurate. Your username and password will be your identity for purposes of interacting with the Service. The user can create a team page for a company or some other kind of organization and invite several other users to the team page, but each user must have their own individual user name.
You shall keep your username and password confidential, shall not disseminate this information, and shall use your username and password solely in accordance with this Agreement. You shall immediately notify us if you learn of or suspect: (i) any loss or theft of your username or password; or (ii) any unauthorized use of your username or password or of the Service. In the event of such loss, theft or unauthorized use, Appchieve may impose on you, in Appchieve sole discretion, additional security obligations.
If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition of this information and shall promptly inform Appchieve thereof. You shall also cooperate and assist in any investigation relating to any such unauthorized access. You are responsible for actions taken by using your user name until you have informed Appchieve of the loss of the password and Appchieve has had a reasonable time to prevent the use of the Service with the user name.
You shall be responsible for, and shall assume all liability with respect to, any materials or other information you upload or transmit through the Service. You agree not to upload, transmit, distribute, post, communicate or store information or other material on, to or through the Service that: (i) infringes in any way on any intellectual property or proprietary rights of others or on the privacy or publicity rights of others; (ii) is unlawful, profane, vulgar, sexually explicit, obscene, defamatory, threatening, harassing, abusive, racist, hateful, slanderous, embarrassing or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, as determined by Appchieve in our sole discretion; (iii) constitutes chain letters or pyramid schemes; or (iv) contains viruses, trojan horses, worms, time bombs or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to: (i) use any incomplete, false or inaccurate biographical information or other information; (ii) delete or revise any material or other information of any other user of the Service; (iii) harvest, collect or send information about other users without their consent; (iv) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure; (v) allow any other person or entity to use your username or password; (vi) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or (vii) access data not intended for you or log into a server or account that you are not authorized to access.
Appchieve may investigate occurrences that may involve violations of the foregoing prohibited uses and conduct, and may solicit, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Consequently, such violations may result in civil or criminal liability and Appchieve is entitled at its sole discretion to withhold any unpaid royalties or payments, remove such violating material or prevent its use without notice.
As a user, you represent and warrant that, with respect to any materials (“Material(s)”) you post on the Service, (1) you have the right to post such material, and (2) such material, or its use by Service as contemplated by this Agreement, does not violate the Agreement, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others.
By accepting this Agreement, the user grants Appchieve and its partners a limited, worldwide, perpetual, irrevocable royalty-free right and license to use, copy, amend, modify, translate, further develop, make derivative works and publish, display (publicly or otherwise), distribute, sublicense, make available and communicate to the public and otherwise exploit in any manner whatsoever any such Material or parts thereof in connection with the Service or the marketing thereof.
All Materials provided on the Service are either owned by or licensed to Appchieve. Except as explicitly authorized by mandatory legislation or permitted by this Agreement, no design elements of the Service nor any text, photos, graphical materials and/or other Materials provided on the Service may be copied, reproduced, modified, published, broadcast or redistributed directly or indirectly in any manner or medium whatsoever without the prior written consent of Appchieve, which may be withheld for any reason or no reason at all. Appchieve and its licensors retain all intellectual property and proprietary rights to the Materials. For the avoidance of any doubt, user shall not receive any ownership rights by using the Service.
Except as specifically allowed in this Agreement, user is not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, distribute, license, or otherwise transfer, assign or make publicly available your account, the Service, a part thereof or the Material contained therein in any way. User is not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Service or any part thereof, except to the extent permitted under the applicable laws. User is not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Service.
Your use of the Service may be or may become subject to charges (“Fees”). Any Fees charged by Appchieve will be announced separately in connection with the Service.
You may incur additional Fees from the use of mobile and/or Internet services of your network or other telecommunications operator/carrier and/or other service provider, including without limitation SMS, MMS and WAP browsing and other services that require the use of airtime and mobile data services. For the sake of clarity, Appchieve assumes no responsibility for the payment of such additional Fees. You hereby acknowledge and agree that your operator/carrier is in every respect solely responsible for the services it provides to you.
THE SERVICE IS PROVIDED "AS IS." APPCHIEVE SHALL HAVE NO LIABLITY FOR ANY INTERRUPTIONS IN THE USE OF THIS SERVICE. APPCHIEVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS OR THE SERVICE. APPCHIEVE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPCHIEVE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE; (V) WARRANTIES RELATING TO INACCURACIES, ERRORS, OMISSIONS OR THE CORRECTNESS OF THE MATERIALS OR OTHER INFORMATION; AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY APPCHIEVE OR ANY THIRD PARTY. ANY MATERIALS OR OTHER INFORMATION ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
IN NO EVENT SHALL APPCHIEVE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY IN ANY MANNER WHATSOEVER FOR DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, LIABILITIES, COSTS, LOSSES OR EXPENSES ARISING OUT OF THIS AGREEMENT, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS, THE SERVICE OR ANY WEBSITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER SYSTEM FAILURE, EVEN IF APPCHIEVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, APPCHIEVE LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold Appchieve and its officers, directors, employees, agents and representatives harmless from and against all damages, liabilities, costs, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from: (i) your use of the Service or Materials; (ii) Materials you submit, post to or transmit through the Service; (iii) any actual or alleged breach by you of this Agreement; and/or (iv) your violation of any rights of another.
The Service is operated in Finland. We do not represent that content or Materials presented on the Service are appropriate or available for use in other jurisdictions. If you access the Service from a jurisdiction other than Finland, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Service.
The Agreement shall be governed by and construed in accordance with the laws of Finland. Any dispute, controversy or claim arising between Appchieve and you arising out of or relating to this Agreement or the existence, validity, termination, interpretation of any term hereof or either party's performance obligations hereunder shall be finally settled in the District Court of the City of Helsinki, Finland as the first instance.
Appchieve reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Service. You are bound by any such modifications and should therefore periodically visit this page to review the then-current Service Agreement to which you are bound. Your continued use of the Service or any webpage or feature available through Service after modifications are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. If, at any time, you do not wish to accept this Agreement, you may not use the Service.
The term of this agreement is as selected by you from the available license alternatives in connection with your registration to the Service or in case such selection has not been made, twelve (12) months from your registration and acceptance of this Agreement. When the agreement terminates or when the Service is suspended or terminated, Appchieve shall not return to you any Fees payed for the Service, except in Appchieve sole discretion.
The Agreements will continue to apply to you until terminated by either you or Appchieve. However, you acknowledge and agree that the limited license granted by you in relation to any Achievement you have uploaded to Service, including all related materials, will continue for twelve (12) months after expiry or termination of any of the Agreements for any reason.
Appchieve may terminate the Agreement or suspend your access to Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or non-compliance with the Agreement. If you or Appchieve terminate the Agreement, or if Appchieve suspends your access to the Service, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you had in your account, to the fullest extent permitted under applicable law.
Appchieve may give notices to users of the Service, at its option, by posting a message on the Service, by email or conventional mail or by any other means by which users may obtain actual knowledge thereof. Notices by users to Appchieve must be given by email or conventional mail. Notices to Appchieve by email should be sent to email@example.com. Notices to Appchieve by conventional mail should be sent to: Appchieve Oy, Eteläinen Asemakatu 2a, 11130 RIIHIMÄKI, FINLAND. Notices by a user to Appchieve will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of Appchieve.