Terms of Service

The following terms and conditions govern all use of the Appaloosa-store.com website and all content, services and products available at or through the website, including, but not limited to, the Appaloosa-Store.com mobile application store service, (taken together, the Website). The Website is owned and operated by Appaloosa Technology . (“Appaloosa Technology”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Appaloosa Technology’s Privacy Policy) and procedures that may be published from time to time on this Site by Appaloosa Technology (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Appaloosa Technology, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1. Your Appaloosa-store.com Account and Mobile Application Stores

If you create mobile application stores on the Website, you are responsible for maintaining the security of your account and store, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the mobile application store. You must not describe or assign keywords to your application store in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Appaloosa Technology may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Appaloosa Technology liability. You must immediately notify Appaloosa Technology of any unauthorized uses of your mobile application store, your account or any other breaches of security. Appaloosa Technology will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a mobile application store, comment on a mobile application hosted by the WebSite, post material to the mobile application store, post links on the mobile application store, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your mobile application store is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other mobile application stores and web sites, and similar unsolicited promotional
  • methods;
  • your mobile application store is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your mobile application store’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Appaloosa Technology or otherwise.

3. Payment and Renewal

  • General Terms. 
Optional paid services such as extra users or plans upgrades to “Plus plan” or “Enterprise plan” are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Appaloosa Technology the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable. Monthly subscription fees are charged on a 30-day period.
  • Trial. “Plus plan“ and “Enterprise plan“ are eligible for a free 30-day trial. Before the end of the trial period, a notification is sent to the account owner. At the end of free trial period, you'll be automatically upgraded to the applicable paid plans. If you don't want to upgrade to a paid subscription, you can opt out at any time during the free trial period from the your Appaloosa account settings. Canceling your free trial subscription at any time during the 30-day trial period will downgrade your account to the “Free Plan“, and your card will not be charged.
  • Minimum monthly fees. “Plus plan“ and “Enterprise plan“ both have a monthly minimum fee. “Plus plan“ will invoice at minimum 20 users and “Enterprise plan“ at minimum 100 users.
  • Automatic Renewal. 
Unless you notify Appaloosa Technology before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.

4. “Plus” or “Enterprise” Accounts

  • Fees; Payment. By signing up for a “Plus” or “Enterprise” account you agree to pay Appaloosa Technology the setup fees and monthly hosting fees indicated at https://www.appaloosa-store.com/plan-pricing/ in exchange for the services listed at https://www.appaloosa-store.com/plan-pricing/. Applicable fees will be invoiced starting from the day your Appaloosa account is established and in advance of using such services. Appaloosa Technology reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. “Plus” or “Enterprise” accounts can be canceled by you at anytime on 30 days written notice to Appaloosa Technology.
  • Support. “Plus” or “Enterprise” account include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Appaloosa Technology to respond within one business day) concerning the use of the “Plus” or “Enterprise” accounts. “Priority” means that support for “Plus” or “Enterprise” customers takes priority over support for users of the standard, free Appaloosa-store.com mobile application store services. All “Plus” or “Enterprise” support will be provided in accordance with Appaloosa Technology standard “Plus” and “Enterprise” accounts practices, procedures and policies.

5. Responsibility of Website Visitors

Appaloosa Technology has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Appaloosa Technology does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is`offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other`errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Appaloosa Technology disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Appaloosa-store.com links, and that link to Appaloosa-store.com. Appaloosa Technology does not have any control over those non-Appaloosa-Store websites and webpages, and is not responsible for their contents or their use. By linking to a non-Appaloosa-store website or webpage, Appaloosa Technology does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Appaloosa Technology disclaims any responsibility for any harm resulting from your use of non-Appaloosa-store websites and webpages.

7. Copyright Infringement

As Appaloosa Technology asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Appaloosa-store.com violates your copyright, you are encouraged to notify Appaloosa Technology. Appaloosa Technology will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Appaloosa Technology will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Appaloosa Technology or others. In the case of such termination, Appaloosa Technology will have no obligation to provide a refund of any amounts previously paid to Appaloosa Technology.

8. Intellectual Property

This Agreement does not transfer from Appaloosa Technology to you any Appaloosa Technology or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Appaloosa Technology. Appaloosa Technology, Appaloosa-Store, Appaloosa-store.com, the appaloosa-store.com logo, and all other trademarks, service marks, graphics and logos used in connection with Appaloosa-store.com, or the Website are trademarks or registered trademarks of Appaloosa Technology or Appaloosa Technology’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Appaloosa Technology or third-party trademarks.

9. Changes

Appaloosa Technology reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Appaloosa Technology may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Termination

Appaloosa Technology may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice,effective immediately. If you wish to terminate this Agreement or your Appaloosa-store.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a “Plus” or “Enterprise” account, such account can only be terminated by Appaloosa Technology if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Appaloosa Technology’s notice to you thereof; provided that, Appaloosa Technology can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

The Website is provided “as is”. Appaloosa Technology and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Appaloosa Technology nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

12. Limitation of Liability

In no event will Appaloosa Technology, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Appaloosa Technology under this agreement during the twelve (12) month period prior to the cause of action. Appaloosa Technology shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Appaloosa Technology Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification

You agree to indemnify and hold harmless Appaloosa Technology, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Appaloosa Technology and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Appaloosa Technology, or by the posting by Appaloosa Technology of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of France, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Paris, France. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Appaloosa Technology may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changelog: version 1.4.1 - May 24th 2016.