Terms & Conditions of service
The following terms and conditions govern use of all of the Appoon LLC website including all content, products, and services, available on, or through, the website, including, but not limited to, the Appoon LLC user agreement software and physical services ("Appoon LLC "), (with or without Services or together.) Appoon LLC Services and Email data offers are subject to your 100% acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published, updated, and changed from time to time on this Site by Appoon LLC (collectively, the "Agreement" or “User Agreement.)
Please carefully read this Agreement before accessing or using Appoon LLC Services and or the Sales, Marketing, and Recruiting Platform. By accessing or using any part of the platform, 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 or use the Services or the Appoon LLC Sales, Marketing, and Recruiting Platform. If these terms and conditions are considered an offer by Appoon LLC , acceptance is expressly limited to the terms is this user agreement. The Services are available only to individuals who are at least 19 years old.
Comprehending Your Appoon LLC Account.
If you create an account on the Appoon LLC Sales, Marketing, and Recruiting Platform, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Appoon LLC of any unauthorized uses of your account or any other breaches of security. Appoon LLC will not be liable for any acts or omissions by you, the Appoon LLC Services or the Sales, Marketing, and Recruiting Platform user, customer, or client, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or non-human means or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction, industry specific marketing limitations including but not limited to, HIPPA, Sarbanes Oxley, the Patriot Act, Communications Act of 1934, Telecommunications Act of 1996, and Telephone Consumer Protection Act, in United States of America. European users must not violate any local, national and international laws including European GDPR regulations, and the International Telecommunications Regulations; including copyright or trademark laws. Lastly, Appoon LLC provides NO AGENCY agreement and does not accept any fiduciary relationship with users of the Appoon LLC Sales, Marketing, and Recruiting Platform or user’s customers.
User information to Certain Third Parties
Appoon LLC may, on occasion, provide some general usage information from the Products to our data suppliers for royalty-related purposes. Any information that we may provide to our data suppliers contains no personal details about individual users. Additionally, no information that we collect from the Website that you provide to us is ever sold to third parties. When appropriate or required we may disclose information, including personal information, collected from the Website to protect our legal rights or in response to a court order, or in connection with a sale or merger of Appoon LLC or its assets. Appoon LLC will endeavor to make such disclosures subject to protective orders or confidentiality agreements. With respect to information collected in the course of our marketing activities, Appoon LLC may exchange business leads with our affiliates from time to time. Additionally, we may, on limited occasions, share your personal information with third-party marketing partners. These partners generally consist of persons or entities with whom we maintain a relationship and which offer certain complementary products and services to those Services that we offer. We will take commercially reasonable efforts to make sure that such third parties safeguard your personal information. Further, you are permitted at any time to request that we refrain from sharing your personal information with such third parties, or that we disclose who we shared your personal information with. In order to make such requests, please follow the instructions set forth below with regard to requests made in connection with your personal information.
Receipt of Communications.
If you decide at any time that you no longer wish to receive communications from us you may opt out by updating your Appoon LLC account. You may still receive certain communications from us at your request or at the request of your organization.
The Appoon LLC servers are physically secure and may only be accessed by Appoon LLC 's technical or support personnel whose jobs specifically relate to maintaining the integrity of the Appoon LLC servers or supporting product-related functions. Such individuals are required to maintain the security of the servers and the confidentiality of the information contained in the servers. Appoon LLC takes all reasonable and appropriate steps to protect your personal information, including by encrypting such information, maintaining readily accessible steps to limit access, working to detect unauthorized access, and not storing such information any longer than we need to.
Third Party Sites.
Payment and Renewal.
Optional paid Done-For-Your services, and Appoon LLC solutions such as extra capacity, procuring of Email lists, Contacts, Connections, CRM system, Sequential Email, and Messaging Services for Social Media sites are available on the Services (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Appoon LLC the monthly or annual subscription fees indicated for that service (additional payment terms are described below). 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.
Unless you notify Appoon LLC 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 Settings section of your account's dashboard.
Appoon LLC Fees, Payment and Refunds.
By signing up for a Appoon LLC account you agree to pay Appoon LLC the monthly fees thirty (30) days in advance as indicated to you when you registered for the service in exchange for the Appoon LLC services. Applicable fees will be invoiced starting from the day your paid account is established and in advance of using such services. Appoon LLC reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Appoon LLC subscriptions cannot be canceled by you at any time. Monthly and Annual subscriptions are offered so select the best subscription offering based on your business goals and objectives. Written notices refer to, but are not limited to, emails and texts. Given the nature of digital content and or data used in list building and other out bound marketing, Appoon LLC doesn’t offer a refund or credit on a purchase for any reason.
Appoon LLC includes access to email and chat support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Appoon LLC to respond within three business days) concerning the use of Appoon LLC All Appoon LLC support will be provided in accordance with Appoon LLC standard Appoon LLC practices, procedures, and policies.
Appoon LLC API
Any use of the API, including use of the API through a third-party product that accesses Appoon LLC , is bound by these Terms of Service plus the following specific terms:
Damage and liability.
Abuse or excessively frequent requests to Appoon LLC via the API may result in the temporary or permanent suspension of your account's access to the API. Appoon LLC , in its sole discretion, will determine abuse or excessive usage of the API. Appoon LLC , in its sole discretion, may make an attempt via email to warn the account owner prior to suspension.
Appoon LLC reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
As a user, you give Appoon LLC a perpetual world-wide license to use your company's assets and logos, unless Appoon LLC agrees in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the homepage.
Under this license you may not:
Attempt to decompile, steal, or reverse engineer any software contained on Appoon LLC 's web site, platform, or APIs.
Exceed limitations designed into each Appoon LLC solution offerings and subscriptions.
Access the Site or Services in order to build a similar or competitive service.
Use the Appoon LLC Sales, Marketing, and Recruiting Platform to break any local, state, country, and or industry laws.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Appoon LLC at any time and without recourse.
Appoon LLC 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 Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Appoon LLC may also, in the future, offer new services and/or features through the Services (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.
Appoon LLC may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Appoon LLC account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid Appoon LLC account, such account can only be terminated by Appoon LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Appoon LLC 's notice to you thereof; provided that, Appoon LLC can terminate the Services 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.
Disclaimer of Warranties.
The Services is provided "as is". Appoon LLC 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 Appoon LLC nor its suppliers and licensors, makes any warranty that the Services will be error free, that access thereto will be continuous and uninterrupted; search results and retrieval performance may vary per individual query. You understand that when you download from, or otherwise obtain content, data, or services through the Services is at your own discretion and risk. Appoon LLC data and content is not to be copied, resold, traded, bartered, or provided to any third party even at zero cost.
Limitation of Liability.
In no event will Appoon LLC , 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 Appoon LLC under this agreement during the twelve (12) month period prior to the cause of action. Appoon LLC shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Appoon LLC , its contractors, 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 Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Appoon LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Appoon LLC , or by the posting by Appoon LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of United State of America, 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 American Arbitration Association, Consumer Arbitration Rules, adr.org/consumer utilizing offices in the city of San Diego, CA.
Any arbitration shall take place in the English language. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. 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 not assign your rights under this Agreement. Appoon LLC will moderate Community public forums for social accepted word usage established by the Federal Communications Commission, FCC.
You have rights to any party that consents to, and agrees to be bound by, its terms and conditions; Appoon LLC 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.