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Terms & Conditions

  1. WELCOME

Welcome to the Applango website (the “Site”), provided to you by us   (which will be referred to herein as either “Applango”, “we”, “us” or “our” and if you are located in the United States means Applango USA, Inc., a Connecticut corporation, and if you are not located in the United States means Applango Systems Ltd., an Israeli company). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you with valuable tools by which you can better plan your organization’s utilization of various third-party SaaS applications, unify access to such applications and efficiently track related usage. These Applango Terms & Conditions (together with the Privacy Policy referred to below, the “Terms”) constitute a set of rules by which we operate such Services.

By using or accessing the Services, you acknowledge that you agree to the Terms and are subject to them (including our Privacy Policy). IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT ACCESS THE SITE AND DO NOT USE THE SERVICES. You should read through all the Terms (including the Privacy Policy) carefully as they constitute a legally binding agreement between you and us. We reserve the right in our sole discretion to amend these Terms and any fees, and to institute new Terms and fees, in each case from time to time and in whole or in part and effective immediately or, if you are an existing customer of the Services, 5 business days following notice to you (which may be sent by email to the address you have most recently provided us) unless you cancel your account prior to the end of such 5 business day period. The date when these Terms were last updated is indicated at the end of the Terms.

If you wish to cancel your account at any time for any reason, you may do so by notifying us at contact@applango.com, including sending us your name, the email you registered with and, if you would, the reason you are canceling.

  1. REGISTRATION AND ACCESS

In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your Applango account options page.

Based on the specific package you choose, you may grant account access to additional users in your organization, and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.

We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at contact@applango.com.

  1. FEES AND BILLING

By opening a subscription-based paid account with Applango, you agree to timely pay all charges incurred by your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. If payment cannot be charged to your credit card or the charge is returned for any reason, Applango may suspend or terminate your account.

WE DO NOT PROVIDE REFUNDS, OR ANY CREDITS FOR ANY PARTIAL MONTH SERVICE PERIODS. 

  1. BETA VERSION; LIMITATION OF USE

PLEASE NOTE THAT THE SERVICES ARE CURRENTLY BEING PROVIDED IN THEIR BETA VERSION, THE FEATURES OF WHICH HAVE NOT BEEN FULLY IMPLEMENTED OR REFINED. AS WITH ANY BETA VERSION, THE SERVICES CURRENTLY CONSTITUTE A WORK IN PROGRESS AND AS SUCH, THERE MAY BE UNRESOLVED ISSUES. WHILE WE APPRECIATE YOUR PATIENCE DURING THIS FINALIZATION STAGE, WE ENCOURAGE YOU NOT TO USE THIS BETA VERSION OF THE SERVICES UNLESS YOU ARE COMFORTABLE USING BETA SOFTWARE AND UNDERSTAND THE IMPLICATIONS THEREOF.

Furthermore, please note that currently the Services were created with the intent to be used by users in North American and Europe. You may use the Services outside of such territories, but bear in mind that Applango makes no representations that the Service is appropriate or available for such use.

  1. OWNERSHIP OF THE SERVICE PROVIDED TO YOU

The underlying platforms of the Services are either the proprietary property of Applango or the proprietary property of our licensors or licensees. By subscribing to our Services, Applango grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier pursuant to these Terms or any Service Agreement.

“Applango” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Applango. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Applango. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.

  1. TECHNICAL SUPPORT

Technical support is provided to you by Applango via email during regular business hours (i.e. Monday to Friday from 9AM CET to 6PM CET) by sending your technical inquires to support@applango.com. Applango shall respond to via email to your support request within a reasonable time-period 

  1. ACCOUNT CONTENT AND USE OF SERVICES

You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not: (i) be defamatory, libelous, abusive, or obscene, including, without limitation, include material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (ii) infringe on the copyright or any other proprietary right of any third-party, and will only make use of information you own or have a right to use; or (iii) be otherwise inappropriate or unlawful.

As far as your actual usage of the Services, you shall not (directly or indirectly): (i) access the Services other than by the interfaces provided by Applango; (ii) take any action that imposes or may impose an unreasonable or disproportionately large load on Applango’s infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass any measures Applango may use to prevent or restrict access to the Services (or parts thereof); (v) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (vi) modify, translate, or otherwise create derivative works of any part of the Services; or (vii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. 

  1. THIRD PARTY APPLICATIONS AND RELIABILITY

While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“), it should be made clear that Applango does not own or control any of these. As Applango serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while Applango monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party’s changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent. Applango also assumes no responsibility for the content, privacy policies, or practices of any third party and by using the Services you expressly relieve Applango from any and all liability arising from your use of any Third Party Applications.

You further acknowledge that such Third Party Applications may be protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and therefore you undertake not to modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Third Party Applications, in whole or in part, and undertake to abide by the relevant terms of use of such Third Party Applications. 

  1. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE CONTENT

Applango reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Applango reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.

  1. FEEDBACK FROM YOU

While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Applango, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Applango may use or redistribute any such submission and its contents for any purpose and in any way it deems.

To provide such submissions or feedback, please email contact@applango.com.

  1. NO WARRANTY

YOU ACKNOWLEDGE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE SITE AND THE MATERIALS AND THE INFORMATION PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES, THE SITE, THE MATERIALS AND THE INFORMATION IS DONE SOLELY AT YOUR OWN RISK. APPLANGO DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THE MATERIALS AND THE INFORMATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. LIABILITIES AND INDEMNITIES

You shall indemnify and save harmless Applango and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Applango and/or any of its Related Parties arising out of or relating to any violation of these Terms by you or your Related Parties or your or their use of the Services, the Site, the materials and the information you or they receive.

THE CUMULATIVE LIABILITY OF APPLANGO TO YOU AND YOUR AFFILIATES AND YOUR AND THEIR RELATED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE  SERVICES, THE SITE, THE MATERIALS OR THE INFORMATION (OR YOUR USE OR INABILITY TO USE ANY OF THEM), OR THE TERMS OR ANY BREACH THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO US FOR THE SERVICES.

WITHOUT LIMITING THE FOREGOING, APPLANGO WILL NOT BE LIABLE FOR COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY ARISE FROM OR RELATE TO THE SERVICES, THE SITE, THE MATERIALS OR THE INFORMATION (OR YOUR USE OR INABILITY TO USE ANY OF THEM), OR THE TERMS OR ANY BREACH THEREOF.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

  1. CONFIDENTIALITY AND PRIVACY

We are committed to safeguarding any personal information that may be collected through our Services and to ensuring that you are fully informed as to how your personal information will be used and stored. To learn more about how Applango protects your personal information, please refer to our Privacy Policy.  The Privacy Policy shall be deemed to be part of the Terms.

 

  1. MISCELLANEOUS

(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose; (d) These Terms shall be governed by the laws of the State of Israel (or, if “we” are Applango USA, Inc., the State of Connecticut), without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Israel located in Tel Aviv (or, if “we” are Applango USA, Inc., the eligible state and federal courts located in Stamford, Connecticut), shall have exclusive jurisdiction over all disputes between the parties and each of we and you waive any jurisdictional and venue defenses to having claims heard in such courts.  EACH OF WE AND YOU HEREBY WAIVES ALL RIGHTS TO A TRIAL BY JURY.  Nothing in this agreement limits a party’s ability to seek equitable relief.

Version: November 2015