Legal - Terms of Service

1. Agreement with appReef

1.1 Your use of the appReef service is governed by this agreement (the Terms). appReef means appReef L.L.C., located at Coppell, Texas, United States, and its subsidiaries or affiliates involved in providing the appReef service. The appReef services means the services appReef makes available through this website, including this website, the appReef cloud computing platform, the appReef API, the appReef Add-ons, and any other software or services offered by appReef in connection to any of those.

1.2 In order to use the appReef Services, you must first agree to the Terms. You can agree to the Terms by actually using the appReef Services. You understand and agree that appReef will treat your use of the appReef services as acceptance of the Terms from that point onwards.

1.3 You may not use the appReef Services if you are a person barred from receiving the appReef Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the appReef Services. You affirm that you are over the age of 13, as the appReef Services are not intended for children under 13.

1.4 You agree your purchases of appReef Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by appReef or any of its affiliates regarding future functionality or features.


2. Account and Use of the appReef Services

2.1 You must provide accurate and complete registration information any time you register to use the appReef Services. You are responsible for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify appReef immediately.

2.2 Your use of the appReef Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3 You agree not to (a) access (or attempt to access) the administrative interface of the appReef Services by any means other than through the interface that is provided by appReef in connection with the appReef Services, unless you have been specifically allowed to do so in a separate agreement with appReef, or (b) engage in any activity that interferes with or disrupts the appReef services (or the servers and networks which are connected to the Service).

2.4 You may use the appReef services only to develop and run applications on the appReef infrastructure. You may not the appReef services for the purpose of bringing an intellectual property infringement claim against appReef or for the purpose of creating a product or service competitive with the appReef services.


3. Indemnification

3.1 You agree to hold harmless and indemnify appReef, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "appReef and Partners") from and against any third party claim arising from or in any way related to

(a) your breach of the Terms, (b) your use of the appReef services,

(c) your violation of applicable laws, rules or regulations in connection with the appReef services, or

(d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, appReef will provide you with written notice of such claim, suit or action.


4. EXCLUSION OF WARRANTIES

4.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 4 AND 5, SHALL EXCLUDE OR LIMIT APPREEF'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

4.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPREEF SERVICE IS AT YOUR SOLE RISK AND THAT THE APPREEF SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

4.3 APPREEF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APPREEF SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPREEF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE APPREEF SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE APPREEF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND

(C) USAGE DATA PROVIDED THROUGH THE APPREEF SERVICES WILL BE ACCURATE.


5. LIMITATION OF LIABILITY

5.1 SUBJECT TO SECTION 3.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPREEF, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

5.2 THE LIMITATIONS ON APPREEF'S LIABILITY TO YOU IN PARAGRAPH 4.1 ABOVE SHALL APPLY WHETHER OR NOT APPREEF HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.


6. Customer Obligations.

6.1 Privacy. Customer will protect the privacy and legal rights of its End Users under all applicable laws and regulations, which includes a legally adequate privacy notice communicated from Customer. Customer may have the ability to access, monitor, use, or disclose Customer Content submitted by End Users through the Service. Customer will obtain and maintain any required consents from End Users to allow Customers access, monitoring, use or disclosure of Customer Content. Further, Customer will notify its End Users that any information provided as part of the Application will be made available to appReef as part of appReef providing the Service.

6.2 Restrictions. Customer will not, and will not allow third parties under its control to:

(a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract the source code of the Service or any component thereof (subject to Section 4.4 below);

(b) use the Service for High Risk Activities;

(c) sublicense, resell, or distribute the Service or any component thereof separate from any integrated Customer offering;

(d) use the Service to create a substantially similar product or service;

6.3 Open Source Components. Open source software licenses for components of the Service released under an open source license constitute separate written Agreements. Open source software is listed in the Documentation. To the limited extent the open source software licenses expressly supersede this Agreement, the open source license instead governs Customers Agreement with appReef for the specific included open source components of the Service, or use of the Service (as may be applicable).

6.4 Third Party Requests. Customer is responsible for responding to Third Party Requests. appReef will, to the extent allowed by law and by the terms of the Third Party Request:

(a) promptly notify Customer of its receipt of a Third Party Request;

(b) comply with Customers reasonable requests regarding its efforts to oppose a Third Party Request; and

(c) if the information is solely held by appReef and reasonably accessible by appReef, provide Customer with the information required for Customer to respond to the Third Party Request.

6.5 Documentation. appReef will provide Documentation for Customers use of the Service.

The Documentation may specify restrictions in how Applications may be built and Customer agrees to notify such restrictions specified.


7. Modification and Termination of the appReef services

7.1 appReef is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the appReef services which appReef provides may change from time to time, appReef will inform Customer about its changes to the form and nature of the appReef services will be effective with respect to all versions of the appReef services.


8. Changes to the Terms

8.1 appReef may make changes to the Terms from time to time. If we change the Terms in any substantive way, we will give you at least thirty (30) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.

8.2 You understand and agree that if you use the appReef services after the date on which the Terms have changed, appReef will treat your use as acceptance of the updated Terms.


9. General Legal Terms

9.1 The Terms constitute the whole legal agreement between you and appReef and govern your use of the appReef services (but excluding any services which appReef may provide to you under a separate written agreement), and completely replace any prior agreements between you and appReef in relation to the appReef services.

9.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

9.3 If appReef provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

9.4 You agree that appReef may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the appReef services. By providing appReef your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.

9.5 You agree that if appReef does not exercise or enforce any legal right or remedy which is contained in the Terms (or which appReef has the benefit of under any applicable law), this will not be taken to be a formal waiver of appReef's rights and that those rights or remedies will still be available to appReef.

9.6 appReef shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

9.7 The Terms, and your relationship with appReef under the Terms, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions. You and appReef agree to submit to the exclusive jurisdiction of the courts located within the county of Dallas, Texas to resolve any legal matter arising from the Terms.

9.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A parties sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning parties election, termination of your use of the appReef services upon written notice to the assigning party.


10. Customer Support

appReef is committed to providing a excellent customer experience. As an essential part of this commitment, we offer limited free technical support to all applications running on the appReef platform. Free technical support is limited to the scope, hours, contacts, and channels below.

10.1 Scope of Operations

appReef's free support offering is available for technologies running on appReef platform, and is limited to the following:

General questions about the software

Identifying problems preventing an application from running on appReef

Providing workarounds or resolutions for known problems

Answering general how-to questions, and providing pointers to documentation

Troubleshooting the faulty behavior on appReef

10.2 Support Contact

Limited free technical support is available to all registered users of appReef. Support requests will only be processed if the request is made through one of our official support channels (see below)

The request originates from a registered appReef account email address

10.3 Support Channels

Email

Tickets to be submitted by sending email from a registered appReef account email address to support@appreef.com.

10.4 Social Media Channels

appReef support staff will only respond to support requests received through the official channels listed above. However, a number of community channels exist for support and discussion.

Twitter via @appReef

Facebook Via @appReef

Please remember that there is no guarantee of response for support issues unless they are submitted through one of the official channels above.

10.5 Hours of Operations

appReef operations of support Hours are 8am - 6pm Central Time, Monday -Friday, excluding US Holidays.

Support inquiries may be submitted at any time.

10.6 Proactive Monitoring

The appReef Cloud Platform, In the event of any issue affecting the health and operation of appReef's infrastructure our dedicated operations team is notified and will respond immediately to diagnose and correct any issues.

In the event of a platform issue, a notice will be posted on our site, if there's an ongoing platform issue, you do not need to submit a support ticket. Instead, monitor the status page which will always be kept up-to-date with the latest progress and information.

Included Software and Licenses for the Java Language Version of App Engine

Package Name License

Tomcat Apache Software License, Version 2.0

Struts2 Apache Software License, Version 2.0

eclipselink Eclipse Public License - v 1.0

Maven Apache Software License, Version 2.0

ddlutils Apache Software License, Version 2.0

strurts-jquery pluggin Apache Software License, Version 2.0

java Oracle Binary Code License Agreement

spring framework Apache Software License, Version 2.0

log4j Apache Software License, Version 2.0

jquery GPL License