Apsos Terms and Conditions

The following provides coverage and protections for both Apsos LLC and you, the user, when utilizing our websites, apps, or services.

Apsos Terms and Conditions

Apsos Basic Terms – Read These Please!

  1. By using the Apsos Media website or any of the Apsos LLC mobile app services, you are agreeing to be bound by the following terms.
  2. Apsos services run in one-off, monthly, or annual packages. For monthly and annual packages you may cancel your service at any time and your service will not renew. However, your service will continue to run for the remainder of the agreed upon timeframe. If you neglect or forget to cancel your service you are not automatically entitled to a refund.
  3. Although Apsos stands behind the quality of its service, Apsos does not guarantee the success of marketing campaigns. Results that are not deemed satisfactory to you will not elicit a refund.
  4. It is understood and agreed by The Client that issues can occur and that in the event of any customer complaint or concern The Client shall refer it, or them, to Apsos LLC, either via Apsos LLC support or directly. This will not be a basis for voiding its obligation to pay Apsos LLC or withholding.
  5. No additional programming or support charges shall be levied by Apsos LLC to the client other than the initial development and monthly charges unless required and agreed by the client in writing in advance of such.
  6. Where Apsos LLC should incur any additional charges Apsos LLC will notify The Client of any such charges as soon as practicable thereafter and The Client shall have their right to decline.
  7. Should The Client refuse to finalize payment for products and services Apsos reserves the right to remove products such as websites and retain ownership of said products until full payment is remitted.

And the Rest – Apsos LLC Standard Offering

  1. Apsos LLC reserves the right to update and change the terms and conditions that apply to all clients without notice. The updated terms and conditions will only be in effect once they are published on the Apsos Media web site. Continued  use of the Apsos LLC product after any such changes shall constitute your consent to such.
  2. The definition of “The Client” used in this document pertains at all times to the organization that is the intended party requesting apps from Apsos LLC.
  3. Any Apsos LLC offer is limited to the duration advertised or in the absence of such time or in the event of any error or omission shall be valid for 24 hours from when it first appeared unless Apsos LLC in its sole discretion decides to change the extent or duration of any offer.
  4. Any reference to a sum charged by Apsos LLC is in American Currency (USD) unless otherwise noted.
  5. The Client is responsible for maintaining the security of their online account. Apsos can help with the resetting of passwords if requested.
  6. Apsos LLC may issue an update to the Client’s Apsos LLC apps which may add, modify and/or remove app features. These updates may be pushed out automatically without notice, although Apsos LLC intends to notify the Client in advance of an upcoming update with details on what the update includes.
  7. Apsos LLC does not warrant and is not responsible for any products or services, including delivery of messages by carriers, on other networks or on other providers systems or infrastructure which is beyond the best efforts of Apsos LLC, which it is accepted to have been made by Apsos LLC on its own
  8. The Client warrants that it has not relied on any representations in writing or otherwise by Apsos LLC and that it is bound by these terms and conditions as a precondition of doing business with Apsos LLC which it accepts by making any payment to Apsos LLC or requests for its products or
  9. All service charges are based on Apsos LLC standard reporting being Additional reporting requirements may incur additional charges pre- agreed with The Client.
  10. Apsos LLC reserves the right to terminate the service for any reason on reasonable grounds, including if payment is not received within 14 days of it being due. The decision to terminate shall be communicated to The Client as soon as practicable after making such decision. Further, in the event that the service is discontinued due to failure to pay, Apsos LLC reserves the right to charge a reactivation fee if The Client requests that the service be reactivated and Apsos LLC were to agree to reactivate
  11. By completing the online order or by signing the authorisation to proceed the client is acknowledging on behalf of its organization that it has obtained authorization to enter this agreement upon these Terms and Conditions.
  12. Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify Apsos LLC for any infringement on such copyright.
  13. Nothing in this proposal shall give rise to any action against Apsos LLC for whatever reason arising out of contract, tort or occurring from the relationship established between the parties herein shall be no more than $100 as an accumulative total sum up to and including such
  14. All ideas and suggestions of Apsos LLC shall remain the property of Apsos LLC whether promoted and used as a result of this Agreement or
  15. In the event of the termination of any service or services arising from or incidental to this Agreement or introduced by Apsos LLC it is agreed that ownership of the Intellectual Property giving rise to such service or services shall remain the property of Apsos LLC including the name of the application in either or both of the App Store or in Google Play for the service. This excludes any pre-existing Intellectual Property created by The Client such as trademarks, logos or copyright
  16. Apsos LLC’s Customer Service and Technical Support can be reached via email at support@apsosmedia.com. Apsos LLC gives no warranty to respond to any email or concern other than as soon as it can practicably do
  17. Cancellation of any service does not expunge the client from any reasonable rights or obligations stipulated in this
  18. Any app designs or app functions or recommendations or other intellectual property arising from this Agreement and/or the Services outlined herein continue to be held by Apsos LLC or its nominee.
  19. In the event of service termination The Client agrees that Apsos LLC has the right to destroy any customer data unless payment for transfer of it is agreed by the Client with Apsos LLC within 7 days of service cancellation.
  20. In the event that the service provided by Apsos LLC to The Client is terminated Apsos LLC shall not be required to facilitate the data, unless on mutually agreed terms, to The Client or any third party and shall within 7 days of such termination becoming effective destroy all of The Clients data.
  21. Both parties to this Agreement are entitled to promote the other party on their web site as well as links to the other party’s web site, mobile app or social media pages unless specifically excluded pursuant to these terms and
  22. Apsos LLC will have the right to represent to clients and prospects that The Client is a client of Apsos LLC and to describe the services provided in any format of public relations and on its web sites at the discretion of Apsos LLC providing that it does not cause any provable damage to the reputation of The Client and providing it is not specifically excluded under these terms and conditions. In the event of any provable claim of damage caused to a client this shall be reviewed in the entire discretion of Apsos LLC and its management acting reasonably but be not more than $100 in total for such damage regardless as to the number of apps that the client may have with Apsos LLC.
  23. Any request to progress service provision by The Client to Apsos LLC is deemed to continue until and unless it is terminated at the discretion of either The Client or Apsos LLC.
  24. All industrial and intellectual property rights in and relating to any inventions, patents, applications for patents, design applications, designs (whether registered or unregistered) all copyrights, (including copyright conferred by the Copyright Act 1968 (Cth)), all trade or service marks (whether registered or unregistered), Confidential Information, integrated circuits, any rights that presently exist or may arise in the future anywhere in the world in respect of the services that The Client shall use belong to Apsos LLC. The Client obtains no rights to this intellectual property though using the services of Apsos LLC.
  25. Neither party represents any guarantee of success in any way for any initiative associated with mobile apps or Apsos LLC services.
  26. The Client indemnifies Apsos LLC from and against any claim, demand, action, suit or proceeding that may be bought by any person against them or their employees or agents or any of them in respect of personal injury to or the death of any person whatsoever or loss of or damage to any property or any other loss or damage whatsoever arising out of or as a consequence of an unlawful act or negligent act or omission by The Client in the execution of the work under this Agreement, or by their use of their account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or
  27. The Client agrees to comply with all applicable federal and state laws and regulations when using Apsos LLC’s products and
  28. Apsos LLC reserves the right to suspend or terminate a user’s account if, in its opinion a user has breached any laws or guidelines or if payment has not been made to Apsos LLC for the product or any additional or associated product or
  29. The Client is to provide its own hardware and internet connections required to use the service and are solely responsible for all costs and fees associated with that
  30. Apsos LLC is permitted to assign or license its associated services to any third party without the prior consent or notification to The Client.
  31. The Client does not have an exclusive right to use or distribute the service in any industry or territory and nothing in this agreement or relationship shall give rise to access to the source code or intellectual property of Apsos LLC which is agreed to be a valuable asset of Apsos LLC and is protected under Copyright Law and all rights are reserved in
  32. In the event of any dispute between the client and Apsos LLC it shall be determined by a Mediator and it is agreed between both parties that the maximum claim allowed against Apsos LLC shall be not more than the standard monthly cost levied by Apsos LLC to that
  33. Apsos LLC will not accept responsibility for any server down time, server delayed response time, network issues, or any other issues caused by interruption or intermittent issues of the underlying hosting service provider.
  34. The Client must not hack the Apsos LLC service or modify another website so as to falsely imply that it is associated with Apsos LLC or Apsos LLC.
  35. Apsos LLC expressly makes NO claim or representation that:
  36. will be relied upon or warranty that the Apsos LLC service is or will be error free or that the information or the apps it supplies will be timely, uninterrupted or secure in part or whole during service provision;
  37. oral or written advice afforded by Apsos LLC or its representatives or those holding out or perceived to be its representatives or in some relationship with Apsos LLC of any type may be relied upon in any way or create any warranty or representation under any. No Client may rely on any information received by Apsos LLC in relation to service provision or the benefits perceived or otherwise may derive for any Client or relationship of any. Apsos LLC or any related entity or party of Apsos LLC will not under any circumstances accept liability for any damages or losses occurring be they direct, indirect, incidental, identifiable, special or consequential arising from not being able to use or fully use the Apsos LLC servers or apps or arising from any mistake, omission, interruption, deletion to data or loss of data or virus or howsoever occurring which affects the performance or availability of the app or being able to transact via the. Apsos LLC will not accept liability for any damages for loss of business or loss of profits arising from breach of this agreement or breach of any stated or perceived warranty and such exclusion of liability is to be read and understood as applying directly or indirectly with any party obtaining services of the Apsos LLC
  38. Any client of Apsos LLC acknowledges that they may be in receipt of information that it or they would not otherwise receive and such information is to remain the proprietary right of Apsos LLC and deemed confidential.
  39. Force Majeur shall apply to this relationship between Apsos LLC and the party receiving or seeking to receive Apsos LLC services. Accordingly, it is agreed that if by reason of failures of servers, telecommunications or internet service providers, failures of mobile operating systems, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of Apsos LLC it is unable to perform in whole or in part its obligations as set forth in this Agreement, then Apsos LLC shall be relieved of those obligations to the extent it is so unable to perform its services and shall not make Apsos LLC liable to any affected
  40. In the event of Apsos LLC incurring legal costs it shall have the right to recover same should it succeed in any litigation but shall not be liable to pay any other party or parties legal costs in any
  41. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed and enforced as so/
  42. It is agreed between the parties that the terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission which shall include all rights and obligations following termination and or assignment, terms pursuant to liability and limits as stated, indemnification and warranty as well as the right of not facilitating services at the discretion of Apsos LLC without being required to give reason for
  43. It is accepted as fundamental to any relationship with Apsos LLC that any party receiving its services will indemnify, defend and not seek any claim from Apsos LLC regardless as to any other party/ies actions, claims or liability, costs, losses and expenses claimed to arise from use or attempted or sought use of Apsos LLC services and such protection and indemnity shall occur without limit or
  44. The terms and conditions and the relationship with Apsos LLC shall continue regardless of any assignment of interest by or in Apsos LLC to a related or non related