Terms and Conditions
Last Updated: 1/30/25
Welcome to Apptivity, Inc. (“Apptivity,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our digital application, website, and any related services (collectively, the “Services”). By downloading, installing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (if applicable).
1.2 Eligibility
You represent that you are at least the age of majority in your jurisdiction or have the consent of a parent or legal guardian. If you do not meet this requirement, you may not use the Services.
2. Modifications to Terms
2.1 Right to Modify
We reserve the right to update or change these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting the revised Terms on our website or within the application, and we will indicate the date of the latest revision.
2.2 Acceptance of Modified Terms
Your continued use of the Services after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the new Terms, you must discontinue use of the Services.
3. Description of Services
Apptivity provides [brief explanation of what your app does]. We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
4. User Accounts
4.1 Account Creation
To access certain features, you may need to create an account. You agree to provide true, accurate, and complete information when creating your account and to keep such information up to date.
4.2 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
5. User Conduct
5.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities while using our Services:
Violating any applicable laws or regulations.
Infringing or misappropriating the intellectual property or other rights of others.
Uploading, posting, or otherwise transmitting any harmful, disruptive, or illegal content.
Using automated scripts or bots to collect information or otherwise interact with the Services.
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services.
Engaging in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.
5.2 Enforcement
We reserve the right (but are not obligated) to monitor, suspend, or terminate user accounts and/or remove any content that we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Services.
6. Intellectual Property
6.1 Ownership
All content and materials available on or through the Services, including but not limited to text, graphics, logos, icons, images, software, and audio clips, are the property of Apptivity or its licensors and are protected by applicable intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use, in accordance with these Terms. This license does not allow you to reproduce, distribute, modify, or create derivative works from our content without our prior written permission.
6.3 User Content
You retain all rights to any content you submit, post, or display on or through the Services (“User Content”). By posting User Content, you grant Apptivity a non-exclusive, royalty-free, worldwide license to use, distribute, display, and reproduce such content for the purpose of operating and providing the Services.
7. Third-Party Services and Links
Our Services may contain links to third-party websites or services that are not owned or controlled by Apptivity. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Apptivity shall not be responsible or liable for any damage or loss caused by or in connection with use of any third-party content, goods, or services.
8. Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. Your use of the Services signifies your acknowledgment and agreement to our Privacy Policy.
9. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPTIVITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APPTIVITY MAKES NO WARRANTY THAT THE SERVICES WILL:
MEET YOUR REQUIREMENTS;
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR
BE ACCURATE OR RELIABLE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPTIVITY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
YOUR USE OF OR INABILITY TO USE THE SERVICES;
ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
ANY OTHER MATTER RELATED TO THE SERVICES.
11. Indemnification
You agree to defend, indemnify, and hold harmless Apptivity and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:
Your use of and access to the Services;
Your violation of any term of these Terms; or
Your violation of any third-party right, including without limitation any intellectual property, confidentiality, or privacy right.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us at [contact email or through the application settings] or by discontinuing use of the Services.
12.2 Termination by Us
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including if we believe you have violated these Terms.
12.3 Effect of Termination
Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
13. Governing Law and Dispute Resolution
These Terms and any action related thereto shall be governed by and construed in accordance with the laws of [State or Country], without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services will be resolved exclusively in the state or federal courts located in [relevant jurisdiction], and you consent to the personal jurisdiction of such courts.
14. Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Apptivity regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
16. Contact Us
If you have any questions or comments about these Terms, please contact us at:
Apptivity, Inc.
1700 Aviara Pkwy Suite 130544,
Carlsbad, CA 92013
858.735.1553
info@apptivity.co
By using the Services, you acknowledge that you have read and agree to these Terms and Conditions.