USE OF THE SITE AND APPSTOCKY.COM SERVICES.
PUBLIC AGREEMENT (VALID FROM 03.07.2020)
1. INTRODUCTION
This document (hereinafter referred to as the “Offer”) is the official public offer of the appstocky.com Company to conclude an agreement on the conditions indicated below. The contract is concluded between you (the user of the site) and us - Company appstocky.com
The offer defines the conditions for using the site, as well as services (hereinafter “SERVICES”) offered on the site https://www.appstocky.com (with the exception of services provided under a separate written contract).
For services provided via the Internet, the company https://www.appstocky.com means the Appstocky OÜ, registration number 16460301, in Estonia. Details of the service provider (parties to the contract) will always be indicated in the invoice (or invoice of the payment system), as well as in the bank statement of your account.
Unless you have concluded another written contract or agreement, your contract with https://www.appstocky.com will always include at least the terms and conditions that are set forth in this document (hereinafter referred to as "GENERAL CONDITIONS"). Please read the document carefully. In addition to the GENERAL CONDITIONS set forth in this offer, your contract with https://www.appstocky.com also includes the PRIVATE CONDITIONS of the agreement published on the page describing the product (service) or in the legal notices sent to you (hereinafter referred to as "PRIVATE CONDITIONS").
GENERAL CONDITIONS of the contract set forth in the offer and the PRIVATE CONDITIONS (hereinafter collectively - the "TERMS") together form an agreement on the provision of services and use of the site.
2. ACCEPTANCE OF TERMS (ACCEPTANCE OF OFFER)
Using the site https://www.appstocky.com (hereinafter referred to as the “Site”) and acquiring the services offered by appstocky.com, you accept the offer and enter into a service agreement with us that is binding. Acceptance of an offer is equivalent to the conclusion of a contract in simple written form.
You can accept the terms of the contract in the following ways:
2.1 by performing an action indicating acceptance of the TERMS of the contract: by clicking on the button, ticking the checkbox or similar action on the service order page on the website; or
2.2 the actual use of the Services and materials of the site. In this case, you agree that we will consider the fact of using the Services as acceptance of the TERMS (acceptance of the offer).
Using the project website or the services offered on the website, you accept all of the TERMS and conditions and agree to the processing of your personal data in accordance with our Privacy Policy published on our website.
If you do not agree with these GENERAL or PRIVATE CONDITIONS of the agreement published on the product page, or with our Privacy Policy, leave the site and stop using the Services.
3. SUBJECT OF THE AGREEMENT
The subject of the contract is the use of products and services that we offer on our website, as well as the materials of the website.Terms of use of site services and materials
The user can be any person who accepts the Terms and uses the site and Services. In order to receive paid services, you must have full legal rights and be a person who has reached 18 years of age. In the case of the conclusion of the contract on behalf of the organization, the representative of the organization must have the necessary amount of authority.
4. SERVICES APPSTOCKY.COM (Paid subscription)
During subscription process for renewable subscription for appstocky.com services, you will be asked to familiarize yourself with the private terms of the contract - the subscription terms. Along with the general terms and conditions, the conditions of subscription determine the procedure for registration, payment and cancellation of a paid subscription to the appstocky.com services and are an integral part of your agreement with us.
5. USE OF THE SITE AND ORDER OF SERVICES
By using the website or the Services of appstocky.com, you accept, without exception, the general terms and conditions of the contract, as well as our Privacy Policy and subscription policy. If you do not agree with the content of these documents, leave the site and stop using the services.
If you register on the site or place an order for the services offered by the site, or use our services, you agree that we can send you written notices, advertising mailings, information messages and other materials to instant messengers or by the phone number and email specified when registering. In some cases, you can, if necessary, refuse to receive them.
You must comply with all the Terms and Conditions, which you will be asked to read when paying for the subscription in the process of using the services offered on the site.
You agree that you will not participate in activities that disrupt the functioning of the site, the Services or related servers and networks.
You accept full responsibility for any violation of your obligations stipulated in the Terms, as well as for all the consequences of these violations.
6. CONCLUSION OF THE TRANSACTION
The procedure for the formation and conclusion of the relevant transaction (contract) depends on the product you have chosen and the payment method.
Registration on the site, paid subscription to services, placing an order and paying for the Services on the payment system website (entering your payment details) is not possible without obtaining your prior consent with the Terms of this Offer and our Privacy Policy (without putting the mark “I have read ( -la) and I accept the Terms of Service and the Privacy Policy "in the appropriate check box, under the data collection form).
Сonclusion of the contract
By registering for a free subscription (trial period) you enter into a Service Agreement with us. In this case, the Contract includes the GENERAL and PRIVATE TERMS of the contract.
In the case of purchasing a paid subscription to one of services, you conclude a Service Agreement with us at the moment you click on the "" "Buy" (or other similar field) button. In this case, the Agreement includes the General Conditions and the PRIVATE CONDITIONS of the agreement.
Correcting errors during input procedure
By registering on our website or ordering services, you can interrupt the checkout process at any time and correct input errors until the registration process or checkout is completed.
You can also always contact us and inform about the mistakes of input and inaccuracies in your personal data.
7. COST OF SERVICES
The cost of services is published on the service order page, on our website, as well as in electronic notifications sent to you. The final cost of services in the payment currency is fixed in the invoice issued to you, displayed on the service payment page, as well as in the bank statement on your card. The cost of services does not include additional commissions of banks and payment systems.
8. TERMS OF PAYMENT
Debit
In the case of purchasing paid services on the site, at the time of placing an order (successful input of payment details into the frame of the payment system), a one-time write-off of the amount of the cost of the ordered services occurs. The cost of services is indicated excluding payment system fees.
When paying for services with a card, the amount of debiting is determined based on the rate of international payment systems VISA or MasterCard. In addition to the cost of services, the amount deducted includes additional commissions of banks and payment systems.
Default on payment obligations
We reserve the right to make a complaint about a violation of the deadlines for payment of services. If it is not possible to write off funds from your payment card, we have the right not to start the provision of the Services or to suspend them until payment.
9. PAYMENT METHOD
You can find out about the available payment methods for our services by contacting the support service at the numbers indicated on the site. In the case of payment for services by money transfer (through a terminal or cash desk of a financial institution), you must inform us of the payment made and send an image of documents confirming payment for the services to the email address indicated on the site. You understand that by paying for services by transfer, you confirm your acceptance of the TERMS of service.
In the event that we pay additional fees or incur other expenses due to the rejection of the payment due to your fault (for example, insufficient funds on the card; the credit limit on the card has already been exhausted), we reserve the right to additionally deduct from your card / account the amount of expenses actually incurred by us .
We reserve the right, at any time, at our discretion, to change the method of payment for the purchased product and / or refuse the previously proposed method of payment by proposing alternative payment methods.
10. TERMS OF SUBSCRIPTION SERVICES
A subscription to our services is offered with various minimum validity periods (minimum subscription period) and the minimum subscription period is automatically renewed until you or we cancel its renewal. Please note that the validity period of the subscription is determined by the selected tariff plan and subscription conditions.
Content Access Duration
Some service packages provide the user with access to the my.appstocky.com application, in which case you are guaranteed to get access to the content for the period indicated on the product page.
11. INTELLECTUAL PROPERTY
Depending on duration of subscription for the services you purchased, you get access to content (information on my.appstocky.com), the copyright and related rights of which are protected or in any case belong to us, regardless of the fact of registration and the territory of their operation.
Using the services, you get the right to view the content and use it for personal purposes, under the terms of this agreement, for the entire period of the provision of services, unless otherwise provided by the PRIVATE CONDITIONS.
Rights violation
Any violation of intellectual property rights is prosecuted in accordance with the legislation of the country of residence of the violator and international law, and entails the onset of civil, administrative and criminal liability.
In the event that facts of the illegal use of our intellectual property are revealed (using the brand; copying or processing the course materials, or distributing them; purchasing access to the course “addicting” and transferring credentials for access to training to third parties, etc.), we have the right to stop providing services and block the account of the violator, without reimbursement of the cost of services
We have the right, at our option, to demand from the violator full compensation for losses caused by such a violation or payment by the violator of compensation in the amount of a double fee for the legitimate use of intellectual property, for each case of unlawful use.
If the violator refuses to voluntarily pay compensation, we will be forced to turn to law enforcement agencies, initiate criminal prosecution of the violator and collect monetary compensation in a forced manner.
13. QUALITY OF SERVICES
The provisions of the current legislation on the protection of consumer rights regarding claims, regarding the provision of services of inadequate quality apply to emerging relationships, regardless of the GENERAL and PRIVATE CONDITIONS. The scope of consumer rights granted to you by law, in any case, cannot be reduced.
Warranty Disclaimer
We do not give any guarantees that using the services of appstocky.com will bring you immediate results. The results of different users can vary significantly when using the same services.
Using materials, you refuse from lawsuits and other forms of claims against us regarding the results you received in the process of using content and using services.
You understand that your disagreement with the opinion of our information, the methodology and content of the application, is not a basis for a refund.
14. LIABILITY
General Provisions
In case of violation by the parties of obligations, provision of false information when concluding or during the execution of the transaction, the parties are liable in the prescribed manner.
We are responsible for: the Terms and Conditions and the procedure for the provision of services; provision of Services of inadequate quality.
You are responsible for: the accuracy and correctness of the registration and payment data you specified during the registration process on the website or placing an order; use by third parties of the credentials used to access the Services; use of materials posted on the site or provided during the provision of the Services for the purpose of their subsequent resale, distribution or transfer to third parties; dissemination of false information about our company that defames our business reputation (libel); violation of the Terms of Service; violation of the terms of payment; interfering with the operation of the site and available services or trying to access them bypassing our instructions
Limitation of Liability
Our aggregate liability for any claim is limited to the amount of inadequate service purchased or delivered out of time.
We are not responsible for: impossibility of providing services for reasons beyond our control, including force majeure, disruption of communication lines, bad network connectivity, high jitter, malfunction of equipment and software that does not belong to us; for full or partial interruptions in the provision of services associated with the replacement of equipment, software or other work caused by the need to maintain the performance and development of technical means (subject to prior notification of the user); violation of the security of the equipment and software you use to obtain services; loss of confidential information or part of it, if this is not our fault (hackers attack); any losses of third parties that have arisen through no fault of ours.
In the event that we violate the terms for the provision of services, our liability is limited exclusively to: extending the terms for the provision of services, or providing services in new terms until the full fulfillment of our obligations.
The responsibility of our employees and agents
Where our liability is limited or excluded, the same limitation or exclusion of liability applies to our employees or agents.
15. LIABILITY FOR THE MATERIALS AND CONTENT YOU POST
Limitation of liability for posting content
You are responsible for the content and materials that you post in our communities, groups or project chats, in the process of using the services of the appstocky.com Company. We are not responsible for the content you post and do not track it.
Compliance with legal requirements
By posting your own content, you must comply with the laws of your country of residence.
In any case, it is prohibited to publish content of a political, pornographic, sexual nature that promotes violence, sadism, discrimination, threats or libel.
In addition, your content must also not infringe on the rights of third parties and contain advertising. This concerns the property and personal non-property rights of third parties, including intellectual property rights (for example, copyright and rights to a trademark and trade name). In particular, you are also obliged not to violate the rights of third parties when posting comments / reviews, profile pictures or any pictures that you post.
Unauthorized advertising
Content and materials that you post while using the services of appstocky.com must not contain advertising.
We have the right at any time to remove or move any content posted by you if we believe that it violates the rights of third parties or the requirements of the law.
If you violate these principles of posting content, we have the right to send you a written warning, temporarily block your account and suspend the provision of services, or terminate the contract unilaterally.
Compensation for damage
If you violate the TERMS of the contract, you are obliged to reimburse us for all losses incurred in connection with the satisfaction of claims of third parties (whose rights you violated). We reserve the right to make claims for losses and other claims against you by way of recourse.
16. DURATION OF TERMS
Terms and conditions. are valid until changed or withdrawn by appstocky.com.
Termination (withdrawal) of these Terms will not affect any legal rights, obligations and responsibilities that were valid for you and appstocky.com and arose prior to the termination of the terms and conditions.
17. CONTRACT DURATION
The agreement on the use of the site (my.apsstocky.com) is concluded by you, based on the subscription plan you selected for an period and is valid until terminated by you or us.
18. SERVICES TERMINATION
You have the right to stop using the site and services at any time without giving a reason. To stop using paid services, please let us know by contacting the user support service using one of the phones listed on the site; or click the button unsubscribe in the my.appstocky.com account info tab.
Please note that after you have canceled the services (terminated the contract), you will lose access to my.appstocky.com and all available services after the initial term of your pre-paid provisioned part is over (month or year, depending on the subscription plan you selected)
We reserve the right to terminate the contract with you without giving any reason, provided that we send you written notice no later than two (2) weeks prior to the planned termination date.
We can terminate the contract concluded with you at any time if:
18.1 you have violated any provision of the Terms and conditions (or have taken actions that clearly indicate your unwillingness or inability to comply with the Terms), or
18.2 we are forced to do so due to legal requirements (for example, if the provision of services to you is illegal or ceases to be legal), or
18.3 APPSTCOKY.COM ceases to provide the Services in the country in which you reside or use the services, or
18.4 you refuse to comply with or violate the Rules of communication in appstocky.com chats.
If you try to interfere with the operation of the site, servers and other automated systems of appstocky.com or grossly violate the Terms, or if we suspect you of doing so, we may suspend or completely block your access to the site and services.
Unilateral withdrawal
In particular, we have the right to cancel your account and terminate the contract immediately if you repeatedly violate the Terms and Conditions, as well as in case of arrears in payment for services.
19. PERSONAL INFORMATION
We process your personal information in accordance with our Privacy Policy. You can always find the current version of the Privacy Policy on the website. These terms govern the collection, processing, use and protection of your personal information.
By using the site or services, filling out the registration forms on the site, you agree to our Privacy Policy and consent to the collection and processing of your personal data on the specified conditions. If you do not agree with them, please stop using the site and paid services.
21. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to change or supplement the text of this offer (GENERAL CONDITIONS OF THE CONTRACT) by posting a notice and a new version of the Offer on this page. We strongly recommend that you regularly check this page and the date of last changes shown at the top of the page.
If you do not object to the validity of the new TERMS and you continue to use the Services, the new version of the Terms is deemed to be accepted by you.
You understand and agree that the use of the services after changes in the GENERAL TERMS AND CONDITIONS are considered by us to be your acceptance of these TERMS. If you object to the new version of the TERMS, we definitely reserve the right to unilaterally withdraw from the contract in the prescribed manner.
22. APPLICABLE RIGHT
The relationship of the parties is governed by the provisions of the legislation of the country of registration of the service provider.
23. SERVICE PROVIDER
Appstocky OÜ
Pärnu mnt. 139c - 14,4, Tallinn, 11317, Estonia
register #16460301
info@appstocky.com
