This document (the "Agreement") sets forth the terms and conditions that govern your use of the services, applications, software, websites, and related offerings provided by or through AppToSomething LLC and any of its current or future products (collectively, the "Services"). Your use of any of our services will constitute acceptance of this Agreement and will have the same legal effect as if you were providing a handwritten signature of acceptance.
PLEASE READ CAREFULLY BEFORE USING ANY APPTOSOMETHING SERVICE OR PRODUCT. YOUR USE OF THE SERVICES PROVIDED BY THE COMPANY IS SUBJECT TO THESE TERMS. YOU AGREE TO BE BOUND BY THE TERMS PRESENTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES IN ANY WAY OR FOR ANY PURPOSE WHATSOEVER.
These Terms set out the legal terms between you (either an individual or legal entity) and AppToSomething LLC, including any products, services, or brands operated by AppToSomething LLC ("Company" or "we" or "us").
These Terms are accepted by you when you access or use any of the Services. You may print a copy of these Terms for your records and we highly recommend you do so. These Terms remain effective from the date of acceptance until terminated by you or the Company in accordance with these Terms.
You cannot accept these Terms if: (a) you are not lawfully entitled to use the Service under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with the Company. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian's permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to enter into this Agreement and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of the Services or any AppToSomething product, application, or service and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the Service. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.
NOTICE: The Services are not intended for use by children under the age of 13. The Company does not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act of 1998 ("COPPA"). If you believe that a child under 13 has provided personal information through the Services, please contact us so that we can take appropriate action.
Free Trial
The Company may, in its sole discretion, offer free trials for certain Services or products. The availability, duration, and features included in any free trial may vary by product and will be described in the applicable Service, product documentation, or pricing information. Free trials are not guaranteed for all Services or products.
Right to Refuse Service
The Company reserves the right to refuse service to anyone, anywhere, at any time, for any reason. This includes, but is not limited to: using the Services for unintended purposes; engaging in activities that excessively consume, strain, or abuse system resources; violating these Terms or any applicable policies; attempting to interfere with the normal operation or security of the Services; or otherwise using the Services in a manner that the Company determines, in its sole discretion, to be abusive, harmful, or inconsistent with the intended use of the Services.
Payment & Refunds
The Services may be offered on a paid subscription, usage-based, or other fee basis through one or more billing providers or distribution platforms, including but not limited to application marketplaces, Company-operated websites, or third-party payment processors (each, a "Billing Provider"). Pricing, billing terms, renewal terms, and available payment methods may vary by Service and will be disclosed at the time of purchase or in applicable product documentation.
All fees are non-refundable except as expressly required by applicable law or as otherwise specified by the applicable Billing Provider's policies. The Company does not control and is not responsible for billing, refunds, chargebacks, or invoicing processed by third-party Billing Providers. Any billing disputes, refund requests, or payment-related issues must be directed to the applicable Billing Provider through which you purchased the Service.
The Company reserves the right to modify pricing, fees, or billing structures for the Services at any time, subject to applicable law and any notice requirements imposed by the relevant Billing Provider.
New Features and Modifications to Terms of Service
We may from time to time introduce new features to the service or modify or delete existing features. We will post any new or modified features when they become available, as well as any new or modified terms of this Agreement. Any new or modified terms will become effective for your use of the Services upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the start of your next applicable billing cycle.
Cancellation
You may cancel a paid Service at any time through the Billing Provider or account management interface applicable to the Service you are using. Cancellation will take effect at the end of the current billing period unless otherwise stated at the time of purchase or required by applicable law.
Except where required by law or expressly stated otherwise, you will not be entitled to a refund for any unused portion of a subscription or prepaid fees upon cancellation. You remain responsible for all charges incurred up to the effective date of cancellation. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.
Limited License
We grant to the end user a limited, non-sublicensable, non-exclusive, and revocable license to access and make use of the Services, including any software, applications, websites, APIs, content, documentation, and other materials provided by the Company (collectively, the "Materials"), solely in accordance with and subject to these Terms and any other applicable Company policies.
Except as otherwise expressly permitted by these Terms, you may not: collect, use, copy, or distribute any portion of the Services or the Materials; resell, publicly perform, or publicly display any portion of the Services or the Materials; modify or otherwise create derivative works of any portion of the Services or the Materials; use any automated means such as "deep-link," "page-scrape," "robot," "spider," or similar technologies to access, acquire, copy, or monitor any portion of the Services; use the Services in a manner that results in excessive or unreasonable consumption of system resources; download (other than standard caching) any portion of the Services or the Materials; or use the Services or the Materials for any purpose other than their intended use as determined by the Company.
Notices and Claims
The Company may give notice of a claim of copyright infringement to users by means of a general notice on the Services, electronic mail to a user's email address in the Company's records, or by written communication sent by mail. In accordance with applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of the Company, account holders who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright that you own or control, you may send a notification of such infringement to: support@apptosomething.com.
Terminations of Terms
Without limiting other remedies, the Company may suspend or terminate this Agreement with you, or may terminate or suspend your use of the Services at any time if: (a) you are in default of these Terms; (b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us; (c) required by applicable laws/regulations and within the time limits as required by such laws/regulations; (d) you are using the Services in a manner not originally intended; (e) you are abusing or otherwise causing extreme usage of the Services or Company resources, determined at our sole discretion; (f) we decide to cease offering the Services generally.
Upon termination of this Terms: (a) all licenses and rights to use the Services shall immediately terminate; (b) you will immediately cease any and all use of the Services. Any suspension or termination of this Terms will not affect your obligations to the Company under these Terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. We reserve the right to change or modify any provisions of these Terms or guidelines governing your use of the Services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions by the Company. Your continued use of the Services following the posting of such changes or modifications constitutes your acceptance of the Terms. Therefore, you should frequently review these Terms or guidelines of the Company in order to understand the terms and conditions applicable to your use of the Services. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Services.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
AI FEATURES AND AUTOMATED OUTPUTS
Certain Services may include features powered by artificial intelligence, machine learning models, or other automated systems ("AI Features"). You acknowledge and agree that outputs generated by AI Features may be inaccurate, incomplete, misleading, offensive, or otherwise unsuitable for your intended use. AI-generated outputs are provided for informational or assistive purposes only and do not constitute professional, legal, medical, financial, or other advice. You are solely responsible for evaluating and verifying the accuracy, appropriateness, and suitability of any AI-generated output before relying on or using it.
NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: INCLUDING WITH RESPECT TO ANY AI-POWERED FEATURES, AUTOMATED OUTPUTS, OR THIRD-PARTY SERVICES OR INTEGRATIONS USED IN CONNECTION WITH THE SERVICES, THE SERVICES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; THE COMPANY DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES THE COMPANY WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
NO LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO IMMEDIATELY CEASE USE OF THE SERVICES.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO THE COMPANY, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (B) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR (C) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT).
If any third party brings a claim against the Company in connection with, or arising out of: breach of these Terms; breach of any applicable law or regulation; or your infringement or violation of the rights of any third parties (including intellectual property rights), you will indemnify and hold the Company harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Confidentiality and Security
We are committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data, and the content of your communication(s) in accordance with our company-level Privacy Policy applicable to all Services (https://apptosomething.com/privacy). Please read it carefully before starting using the Services.
Miscellaneous
These Terms constitute the entire relationship between you and the Company with respect to your use of the Services. If any provision of these Terms (or part of it) is found by any court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity, or enforceability of the remainder of the Terms.
The failure by the Company to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of the Company's right or remedy.
Dispute Resolution and Arbitration
Except where prohibited by applicable law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration rather than in court. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association, and judgment on the arbitration award may be entered in any court having jurisdiction. You agree to waive any right to participate in a class action, class arbitration, or representative proceeding.
Nothing in this section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
If we are unable to provide the Services as a result of force majeure, we will not be in breach of any of our obligations towards you under these Terms.
These Terms shall be governed by and interpreted in accordance with the laws of the State of Utah without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action not subject to arbitration with respect to the subject matter of these Terms will be the U.S. federal courts and state courts located in the State of Utah, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
This Terms were drafted in English (US). We may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall prevail.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FOR APPTOSOMETHING AND ITS SERVICES. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS YOU GRANT TO THE COMPANY THE RIGHTS SET FORTH HEREIN.