General Provisions

Please read these Terms of Service ("Terms", "Agreement") fully and carefully before using the services offered by AppElixir ("AppElixir", "Company", "We", "Our" or "Us"). The Terms apply to the online app building and data management platform ("Application") available at www.appelixir.com ("Site"). This Agreement sets forth the legally binding terms and conditions for your use of the Site and the products, mobile applications, portals, databases, software, servers, data feeds, and services owned and operated by AppElixir (collectively with the Site, the "Service"). This Agreement applies to all users of the Service, including users who are also contributors of content, work product, presentations, information, or other materials on the Service. The users can contact AppElixir at contact@appelixir.com.

By accessing and using the Site or Service in any manner, you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using the Site and Service, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DISCONTINUE YOUR USE OF THE SERVICE.

Use of the Platform

  1. AppElixir is software enabling the user to create applications and/or manage data as part of their account, intended for devices on which it is possible to launch the web application available at the appelixir.com website.
  2. To use AppElixir, you need to create an Account ("Account"). By creating an Account, you become a User of the Application ("User"). You can create an account either directly at AppElixir or through a third-party service, such as Google, Facebook, Microsoft. In the latter case, the personal information you provided to the third party will be used to create your AppElixir Account.
  3. Your Account must be registered by a human. Accounts registered by bots or other automated methods are not permitted. Additionally, you must at least 13 years of age to use the Service.
  4. AppElixir allows the use of multi-user Accounts which are groups of Accounts gathered under one Account acting as an administrator of the team of Users.
  5. One person or legal entity may not maintain more than one free account.
  6. You may only create a separate login for as many Users as your current AppElixir pricing plan allows. The sharing of your Account login credentials is strictly prohibited. You are responsible for safeguarding your AppElixir login credentials. You are responsible to ensure that each User associated with your AppElixir Account complies with these Terms.
  7. AppElixir is not liable for any loss or damage from your (or your Users') failure to comply with these Terms. You are solely responsible for all data posted to your account and all activity that occurs under your Account, whether or not you authorized that activity (even when data is posted by others who have accounts under your Account). You should immediately notify us of any unauthorized use of your account.
  8. You may not use the Service for any illegal or unauthorized purpose. You may only use AppElixir as permitted by law, including all applicable local, state, national and international laws and regulations. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email.
  9. AppElixir shall not be held liable for any activity of a User or any content provided and used by them in connection with operating the Account and Application. In the event that AppElixir, in its sole discretion, considers that you are making any illegal and/or unauthorized use of the Application, and/or your use of the Application is in breach of these Terms, AppElixir reserves the right to take any action that it deems necessary, including terminating your Account.
  10. You agree to receive e-mail messages to confirm your valid e-mail address, notify you about pending invitations, changes in your account, passwords, subscriptions and other areas related to your AppElixir account.
  11. The data provided in the Application is synchronized with AppElixir servers to enable the User to gain access to their Account via the Internet from any device supported by the Application, and share data as part of their Team.
  12. Data hosted as part of application in a free plan may be subject to deletion after a year of inactivity.
  13. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission by AppElixir.
  14. You must not access our private API by any means other than those expressly permitted by AppElixir.
  15. Some application design structure details (anonymized) may be used by AppElixir to build our AI models, but excluding the actual record data content.

Copyrights and Content

  1. The Service allows you to post or upload information, text, graphics, or other material ("Content") and to share your Content with others. You retain ownership of your Content. We claim no intellectual property rights over the material you provide in the Application. However, you shall be solely responsible for such content and the consequences of its transmission or publication.
  2. We reserve the right, at all times, but are not obligated, to remove or refuse to distribute any Content on the Service.
  3. We reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) protect the rights, property, or safety of AppElixir, its users and the public.
  4. You grant us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the Content of your Account as required for the purpose of providing the Service to you.
  5. Any Content made public by the User will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
  6. Any Content that you may receive from other users of the Service, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
  7. You agree that any Content that you provide does not and will not violate rights of any kind, including, but not limited to, intellectual property rights or rights of privacy.

Subscriptions and Payment

  1. AppElixir uses Paypal as our payment gateway for paid subscription plans. Upon payment, your personal, as well as payment data, will be transferred to PayPal to be able to successfully process the payment.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  3. All fees are inclusive of taxes, levies, or duties imposed by taxing authorities.
  4. For any upgrade or downgrade in plan level, you will be automatically charged the new rate on your next billing cycle.
  5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. AppElixir does not accept any liability for such loss.
  6. AppElixir offers a 30-day money-back guarantee on all orders. Canceling your Account does not automatically mean a request for a refund. If you are not happy with the Service, you can contact us for a full refund at contact@appelixir.com.

Termination

  1. You can cancel your Account at any time by going into your Profile Information and clicking "Remove Account".
  2. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
  3. AppElixir, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. AppElixir reserves the right to refuse service to anyone for any reason at any time.
  4. AppElixir reserves the right to terminate your access to the Service if there are reasonable grounds to believe that you have used the Service for any illegal or unauthorized activity.

Warranty Disclaimers

  1. THE SERVICE, INCLUDING, WITHOUT LIMITATION, OUR CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, SUPPLIERS, LICENSORS, OR AGENTS (COLLECTIVELY, THE "APPELIXIR PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) OUR CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SERVICE. IN ADDITION, THE APPELIXIR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
  2. APPELIXIR DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
  3. The Service may change from time to time as we refine or add more features to the Service, often without prior notice to you. AppElixir will not be liable to you for any such change.
  4. AppElixir is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond AppElixir's reasonable control. AppElixir is not responsible for short, temporary or accidental suspension of the Service as the result of circumstances that AppElixir could not foresee or suspect.
  5. AppElixir may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice. We reserve the right to suspend the Service or features within the Service for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades.
  6. The User acknowledges that AppElixir does not own or control other networks, information and systems outside its own network, nor is AppElixir responsible for performance or non-performance within such networks.

Limitation of Liability

  1. IN NO EVENT SHALL APPELIXIR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  2. YOU SPECIFICALLY ACKNOWLEDGE THAT APPELIXIR SHALL NOT BE LIABLE FOR CONTENT, USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  3. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF APPELIXIR AND ITS AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
  4. The Service is controlled and offered by AppElixir from its facilities in Poland. Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify and hold the AppElixir Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including , but not limited to, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, but not limited to, all regulatory, administrative and legislative authorities; (v) any misrepresentation made by you. You will cooperate as fully required by AppElixir in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of AppElixir.

Trademarks

The name, graphics, domain names, logos and other distinctive brand features for AppElixir are trademarks of AppElixir. All rights reserved. You agree not to display or use, in any manner, the AppElixir trademarks, without AppElixir prior permission. AppElixir trademarks may not be used in connection with any product or services in any manner that is likely to cause confusion among customers and potential customers, or in any manner that discredits AppElixir. All other trademarks not owned by AppElixir or its subsidiaries that appear on the AppElixir website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AppElixir or its subsidiaries.

Final Provisions

  1. We reserve the right, in our sole discretion, to change these Terms from time to time ("Updated Terms"). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.
  2. The rules governing the processing of personal data in connection with the provision of the Service are defined in the document entitled "Privacy Policy" available on the AppElixir website (see: Privacy Policy).
  3. This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The Polish Court, competent with the respect to the Service Provider residence, shall be the governing jurisdiction.