Terms of Service
These Terms of Use (Terms) govern your use of our website
located at http://apphi.com (including
subdomains), the Apphi service, and any applications
provided by us (collectively Service), and form a binding contractual agreement
between you, the user of the Service and us. These Terms should be read in
conjunction with our Privacy Policy.
For that reason these Terms are important and you should ensure
that you read them carefully and contact us with any questions before you use
the Service.
By registering or login to use or using the Service you
acknowledge and agree that you have had sufficient chance to read and
understand the Terms and you agree to be bound by them. If you do not agree to
the Terms, you must not use the Service.
1 Application of terms
1. These
Terms apply to all users of the Service, whether you are using the Service on
your own behalf or on behalf of another individual or organization. If you are
using the Service on behalf of an organization with their authorization, these
Terms bind you in your personal capacity and the relevant organization.
2. We
may update or change the Terms at any time at our discretion. If we change the
Terms, we will notify you by alerting you through our web platform. You must
agree to be bound by the updated Terms by clicking �OK� before continuing to
use the Service.
3. If you do not agree
to the updated Terms, you must not continue to use the Service.
2 The Service
1. We
grant you a non-exclusive, worldwide, non-transferable, revocable right to use
the Service in accordance with these Terms.
2. You
may access and use the Service (including any incidental copying that occurs as
part of that use) in accordance with these Terms. You may also print one copy
of any page within the Service for your own personal, non-commercial use.
3. By
logging into the Service and inputting your Instagram
account details into the Service, you grant us the right and appoint us as your
agent to use any information or content provided by you to conduct actions on
your behalf, at your direction (such as posting that content to Instagram) in providing you the Service.
4. You
acknowledge and agree that the Service is not affiliated with or authorized by Instagram, and any access to Instagram
(including via the Service) is governed by Instagram�s
Terms of Use.
5. The
Service contains links to other websites as well as content added by people
other than us. We do not endorse, sponsor or approve any such user generated
content or any content available on any linked website.
6. We
do not have any obligation to monitor, edit or remove content provided by our
users to the Service.
7. You
acknowledge and agree that:
1. we retain control over the Service and
may alter, amend or cease the operation of the Service at any time in our sole
discretion (we will give you reasonable notice of any alteration that
materially adversely affects the functionality of the Service); and
2. the
Service may be unavailable from time to time (including for maintenance
purposes). To the extent possible, we will notify you of any scheduled
downtime.
3 Your Rights And
Obligations
1. You
must not add any content to the Service:
1. unless you hold all
necessary rights, licenses and consents to do so;
2. that would cause you or us to breach any
law, regulation, rule, code or other legal obligation;
3. that is or could reasonably be considered
to be spam, obscene, inappropriate, defamatory, disparaging, indecent,
seditious, offensive, pornographic, threatening, abusive, liable to incite
racial hatred, unlawful, discriminatory, blasphemous, in breach of confidence
or in breach of privacy;
4. that would bring us, or the Service, into
disrepute; or
5. that infringes the intellectual property or
other rights of any person.
2. You
must not:
1. attempt to duplicate or
replicate, or reproduce, modify or prepare derivative works of, the Service,
our content or any other material that you do not own;
2. intentionally distribute viruses,
malicious code or other items of a destructive or deceptive nature;
3. access another person�s
account (including Instagram account) without
permission or give any third party access to your account with us;
4. alter, disable, interfere
with or circumvent any aspect of the Service or test or reverse-engineer the
Service in order to find limitations, vulnerabilities or evade filtering
capabilities; or
5. do anything designed to affect access to
or the integrity of the Service.
4 Payments
You acknowledge and agree that:
1. we will debit your nominated payment
method on the specified billing date (the day that your trial period ends) each
month for the next month in advance, unless you cancel the Service prior to
this date; and
2. in
the event you cancel the Service, refund of any monies paid is at our
discretion (that is, payments are non-refundable, except at our discretion).
5 Intellectual Property
1. Nothing
in these Terms constitutes a transfer of any intellectual property rights. You
acknowledge and agree that, as between you and us, we own all intellectual
property rights in the Service.
2. We
acknowledge that as between you and us, you own all intellectual property
rights in the content that you provide to the Service or otherwise provide to
us for the purpose of providing the Service.
3. By
posting or adding any content to the Service, you grant us a perpetual,
non-exclusive, royalty-free, irrevocable, worldwide and transferable right and
license to use that content in any way (including, without limitation, by
reproducing, changing, and communicating the content to the public) to provide
you with the Service.
4. We
may sub-license the license in paragraph 5(c) to third party service providers
who assist us in providing the Service.
5. You
consent to any act or omission which would otherwise, but for this clause,
constitute an infringement of your moral rights, and if you add any content in
which any third party has moral rights, you must also ensure that the third
party also consents in the same manner.
6. The
license in paragraph 5(3) will survive any termination of these Terms.
7. You represent and
warrant to us that you have all necessary rights to grant the licenses and
consents set out in this clause 5.
6 Warranties
You represent and warrant to us that:
1. all Instagram
accounts added to the Service are owned or controlled by you;
2. you own the content provided by you to the
Service, or, if you are using the Service on behalf of another person or
organization, you have the necessary permission to provide content on that
person or organization�s behalf;
3. you will use the Service in accordance
with these Terms;
4. your use of the Service does not infringe
any person�s intellectual property or other rights; and
5. you
have the legal capacity and the authority to enter these Terms.
7 Liability
1. You
are liable for any loss or damage directly or indirectly caused by any breach
of your obligations under these Terms. You indemnify us for any loss or damage
we suffer as a result of your breach of these Terms (including the warranties
you give us under these Terms), or any willful misconduct, unlawful acts or
negligence in your use or misuse of the Service.
2. To
the full extent permitted by law, we exclude all liability for all claims,
expenses, loss, damage and costs made against or incurred by you directly or
indirectly arising out of or in connection with your use of the Service or your
inability to use the Service, including in respect of economic loss, loss of
data, interruption of business or any consequential or incidental damages.
3. Our
total liability to you for breach of contract under these Terms, for tort
(including negligence), or for any other cause is limited to an amount equal to
the total aggregate fee that you paid for the Service for the one month period
immediately preceding the day upon which our liability arose.
4. To
the full extent permitted by law, we exclude all terms, representations,
warranties, conditions, guarantees or obligations (whether express or implied)
other than those expressly set out in these Terms.
5. These
Terms are to be read subject to any legislation which
prohibits or restricts the exclusion, restriction or modification of any
implied terms, representations, warranties, conditions, guarantees or
obligations. If such legislation applies, to the extent possible, we limit our
liability in respect of any breach of a term, condition or warranty implied
under any law which cannot be excluded to, at our
option:
1. the supply of the Service again; or
2. the payment of the cost of having the
Service supplied again; or
3. a
pro-rata payment for the remainder of your subscription for that period.
8 Termination
1. These
Terms terminate automatically if, for any reason, we cease to operate the
Service.
2. We
may otherwise terminate or suspend your access to the Service immediately, on
notice to you, if you have breached these Terms in any way.
3. You
may cancel the Service at any time by notifying us.
4. All rights granted
to you in these Terms cease upon termination.
9 General
1. You
must not assign, sublicense or otherwise deal in any other way with any of your
rights under these Terms.
2. If
a provision of these Terms is invalid or unenforceable, it is to be read down
or severed to the extent necessary without affecting the validity or
enforceability of the remaining provisions.
3. Each
party must at its own expense do everything reasonably necessary to give full
effect to this Agreement and the events contemplated by it.