Terms & Conditions
Last updated: (December 17, 2021)
These are the general terms and conditions (the “Terms”) of the APPICS App (“APPICS App”) operated by APPICS AG (“APPICS AG”). Your use of Appic App and the Service (as defined below) thereto implies your acceptance of these Terms. We ask that you read them carefully. If you have any questions, please do not hesitate to contact us.
- 1.APPICS AG provides APPICS App, an online platform that enables users to access, search for, view, upload, comment, and vote on content.
- 2.By accessing and/or using the APPICS Service, without being logged into your APPICS Account (as defined below), you will be a visitor (the “Visitor”). As a Visitor, you will only have the ability to access APPICS App and view certain contents, but will not be able to benefit from all the other features available on the APPICS App. An APPICS Account means the account that can be created by signing up for an APPICS account via the APPICS App (the “APPICS Account”).
- 3.If you want to be able to search for, post and advertise and access some other features of the APPICS Service, you will need to first create an APPICS Account and have your email address and/or mobile phone number validated. After a successful validation of your email address/mobile phone number you will then be classified as a user (the “User”).
- 4.Information provided by you to create your APPICS Account must be accurate and complete. In order for APPICS AG to verify that the email address you provided is valid, you will receive an email from APPICS AG asking you to validate your email address. In order for APPICS AG to verify that the mobile phone number you provided is valid, you will receive a text message from APPICS AG providing you with a code in order to validate your mobile phone number.
- 5.By creating an APPICS Account, you agree that you alone will be responsible (to APPICS AG and to others) for all activity that occurs under your APPICS Account. The user id (your validated email address / mobile phone number) and password which are necessary to access the APPICS Account and the features associated with it, are your sole responsibility and it is your obligation to keep them confidential.
- 6.As a User, you will also have the ability to access some additional features from the APPICS Service.
- 7.If you are a User, you may notably search for, post and comment (which must be compliant with these Terms) on the APPICS Service, and have a username and a profile picture that will be associated with your APPICS Account. Any and all elements posted by you on the APPICS App are deemed to be “your content.”
- 8.The role of APPICS AG
- 1.APPICS AG provides the APPICS App, an online platform that enables users to access, search for, view, upload, comment, and vote on content.
- 2.APPICS AG acts as intermediary between Users. APPICS AG does not actively monitor any uploaded contents (pictures and videos) or endorse any content created by Users on APPICS App (the “User Content”).
- 3.APPICS AG may remove User Content and the user profile at its sole discretion, including but not limited on the grounds that it violates these Terms. Removing User Content or terminating an account is not an action APPICS AG takes lightly, and APPICS AG may take a while to investigate and determine if User Content or an account should be removed. It is at APPICS AG‘s sole discretion whether to discuss the reasons regarding the removal of User Content, including the removal of an User account.
- 4.APPICS AG is not a financial institution, creditor and/or charity: the main purpose of the APPICS Service is to administrate APPICS App and to act as an intermediary between the Users.
- 5.All information and content provided by APPICS AG relating to the APPICS Service is for information purposes only and APPICS AG does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to serve as financial, legal, tax or other professional advice nor is it to be considered an advice to purchase/sell anything. You acknowledge that all information and content accessed by you using the APPICS Service is at your own risk.
- 6.APPICS AG has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. APPICS AG offers the APPICS App to help Users get rewarded for creating and curating content. APPICS AG makes no representations and warranties as to the accuracy and completeness of any User Content. You acknowledge and confirm to be solely and exclusively responsible for: (i) the evaluation of any User Content, (ii) its decisions based on the evaluation, and (iii) any arrangements and agreements that may result from any discussions among you and another User or third party. APPICS AG merely provides the technology to allow Users to connect with other Users.
- 9.Intellectual Property Rights
- 1.Your intellectual property rights: For the entire period during which your User Content is hosted on the APPICS App, you grant to APPICS AG, and transferable to its affiliates, the non-exclusive rights to reproduce, represent, exploit, exhibit, show, market, sub-license, distribute and to technically modify and compress your User Content as is necessary for the purpose of viewing and/or streaming your User Content on the APPICS App.
By making your User Content accessible on the APPICS App, you agree to allow any visitors and Users of the APPICS Service, to view and to share your User Content through the APPICS App or through any declination of the APPICS App, as accessible (online or offline) via any current or future device capable of distributing the APPICS App by any means of access, including but not restricted to computers, smartphones, tablets, TV devices and/ or IPTV platforms.
By making your User Content accessible on the APPICS App, you grant to APPICS AG, and transferable to its affiliates, the non-exclusive right to store your User Content and publish them on the APPICS App at any time, at APPICS AG’s sole discretion and even after the removal or termination of your APPICS Account.
Despite this allowance, your User Content shall always remain your property. Please note that due to the nature of the internet and digital media, data transmitted – including your content – cannot be protected against risks of misappropriation and/or piracy, for which APPICS AG shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable.
APPICS AG’s intellectual property rights: We grant you a personal, non-exclusive, non-transferable, non-sub-licensable and revocable right to access and use the APPICS App, the right of which is dependent upon your compliance with these Terms.
The content (other than your User Content and other Users' content) included on or accessible through the APPICS App, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the APPICS App, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the “APPICS App Content”), is the exclusive property of APPICS AG and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
APPICS App Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of APPICS AG or APPICS AG’s licensors. You agree to not use or exploit the APPICS App Content in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble, or create derivative works based upon or otherwise alter in part or in full any APPICS App Content.
All rights not expressly granted in the Terms are reserved to APPICS AG and its licensors.
APPICS AG’s obligations as a host
- 1.In its capacity as a web hosting service provider, APPICS AG is under no legal obligation to monitor content uploaded on the APPICS Service, nor obligated to actively seek facts or circumstances indicating illegal content, but shall forthwith remove or disable access from its APPICS Service any infringing content, as soon as it has been notified of its existence.
- 2.You agree that your use of the APPICS Service shall be at your sole risk and liability. In this regard, you are solely responsible for (i) your use of the APPICS Service and more specifically for your User Content, and (ii) the protection of its computer hardware/software against any virus or interruption.
- 3.You acknowledge and agree that the APPICS Service, in whole or in part, on and through which User Content will be distributed/search for is provided “AS IS” without warranty. APPICS AG may enhance, modify and update the APPICS Service at its sole discretion. For the sake of clarity, you shall not be entitled to request any modifications to the APPICS Service.
- 4.APPICS AG, its affiliated companies, officers, directors, employees, agents, vendors and suppliers (the “DM Parties”) disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the APPICS Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the APPICS Service. The DM Parties make no warranty or representation that the APPICS Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of your content and/or any limitations on your or any other visitors ability to access, view or use User Content or any other content, or that any information obtained from the APPICS Service will be accurate or reliable.
- 5.APPICS AG shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the APPICS Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, APPICS AG does not grant you any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of appropriateness for a particular purpose.
- 6.Nothing herein shall exclude or limit APPICS AG’s liability for losses which may not be lawfully excluded or limited by applicable law. Subject to the overall provision above, APPICS AG shall not be liable for: (a) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any other User whose advertising appears on the APPICS Service; (ii) any changes which APPICS AG may make to User Contents, or for any permanent or temporary cessation in the provision of the APPICS Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the APPICS Service; (iv) your failure to provide APPICS AG with accurate account information (v) your failure to keep your password or your account details secure and confidential.
- 7.The limitations on APPICS AG’s liability defined in this section shall apply whether or not APPICS AG has been advised of or should have been aware of the possibility of any such losses arising. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction's law applies to this agreement.
Restrictions related to your use of the APPICS Service and its related technologies
- 1.By uploading User content through the APPICS Service, you warrant that the descriptions are accurate and complete. You have to promptly notify APPICS AG of any changes relating to your User Content. Furthermore, you have to update and keep your User Content at accurate and complete at all times.
- 2.In view of the user-driven nature of the APPICS Service, and out of consideration for the general public, you are responsible for maintaining certain ethical standards respecting the content you upload on the APPICS Service. You represent and warrant as an essential condition that your User Content, any images, data and/or text which you may disseminate through the APPICS Service: (i) contain no child pornography; dangerous or illegal acts (including but not limited to incitement to violence, animal abuse or drug abuse); unlawful, obscene, defamatory or libelous material; images of rape or abuse; images of bestiality; or any sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, paedophilia or necrophilia); (ii) does not infringe the intellectual property rights of any third party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, advertisements or any other material that you have not created yourself or for which you do not have the necessary clearances and permissions from third party rights owners or copyright royalty collection organizations in such materials); (iii) does not infringe personal rights (i.e. that is not defamatory and does not contain insults, abuse, libel, etc.) or personal privacy (including an individual's right to his or her image); (iv) is not contrary to public policy and accepted moral standards; (v) does not display, incite or otherwise promote illegal or immoral activity, and (vi) does not violate any applicable laws or regulations. APPICS AG is committed to providing a friendly, safe and welcoming environment for all, regardless of sex, disability, race, religion, or age. You must respect that people have different opinions. Any spamming, trolling, flaming, or baiting is not welcome and will not be tolerated. This includes using offensive or harassing usernames, or other identifiers that might detract from a friendly, safe, and welcoming environment for all. Harassment includes, but is not limited to: (i) any behavior that threatens another person or group, or produces an unsafe environment; (ii) harmful or prejudicial verbal or written comments related to sex, disability, race, religion, or age; (iii) inappropriate use of nudity, sexual images, and/or sexually explicit language; (iv) threats of physical or non-physical harm; (v) deliberate intimidation, stalking, or following; (vi) harassing photography or recording; (vii) sustained disruption of talks or other events, including online; (viii) inappropriate physical contact; and (ix) unwelcome sexual attention.
- 3.By uploading or disseminating images, data, and/or text to or through the APPICS Service, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute your User Content on the APPICS Service.
- 4.APPICS AG reserves the right to decide at its sole discretion whether your User Content, your APPICS Account and/or your use of the APPICS Service violates these Terms for any reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Failure to comply with these Terms may result in (i) your User Content being removed and/or (ii) your APPICS Account being deactivated and/or (iii) your EACs being removed and/or (iv) any elements or data related to your User Content or to your APPICS Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the APPICS App, without prior notice. In addition, APPICS AG reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable for criminal sanctions applicable to the content in question (fines and imprisonment), in addition to any applicable civil damages.
- 5.Because the APPICS Service is not designed as a back-up service, you are responsible for taking all necessary precautions to safeguard your files. In accordance with internet practice and custom, advertisements may be incorporated into the APPICS Service and then linked to your APPICS Account and/or your User Content.
- 6.Moreover, you shall not (i) falsely increase the number of upvotes, comments or followers associated with your User Content or other users’ content either directly or indirectly, or automatically or manually, or (ii) authorize or encourage any third party including offering any financial incentive to do the same.
- 7.You also warrant that any website or applications on which you export your User Content and/or other users’ content through the embeddable APPICS App does not include any element that: (i) breaches any intellectual property rights of any third parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third party’s privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals or (vii) violates any applicable laws. You also shall not modify, build upon or block any portion or functionality of APPICS App including but not limited to links back to the APPICS App website. By embedding your User Content and/or other user’s content through APPICS App on any website or applications, you warrant that you have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
- 8.You agree not to alter or modify any part of the APPICS Service. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the APPICS Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on the use of the APPICS Service or the content accessible via the APPICS Service. You agree not to collect or harvest any personal data of any visitor or User of the APPICS Service. You agree not to collect or harvest any personal data of any User or Visitor of the APPICS Service and to not use the APPICS Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
You agree not to use the APPICS Service and any of its related technologies for any commercial use unless you obtain APPICS’s prior written approval, in partial any of the following uses: (i) the sale of access to the APPICS Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the APPICS Service or content. If you wish to use another User Content for any other purpose than just consuming or your own purposes, in particular for commercial use, you are solely responsible for obtaining the necessary advance authorization.
- 1.You agree and shall indemnify and hold APPICS AG harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys’ fees), and penalties, or other charges (including reasonable attorneys’ fees and all other costs of investigating, defending or asserting any claim for indemnification under these Terms) arising from or relating to (i) your User Content, (ii) your violation of the Terms or any other policy of APPICS AG; (iii) your use of the APPICS Service; and (iv) your violation of any third party rights, including without limitation any copyright, property, publicity or privacy rights.
Reporting Prohibited Content guarantees
- 1.APPICS AG has established an easily accessible means of allowing anyone to notify it of the presence of infringing content or illegal content and/or activity on the APPICS Service.
- 2.If you notice infringing or illegal content and/or activity on the APPICS Service, you can report it to us at any time by contacting us at [[email protected]].
Data and Privacy
- 1.The records of APPICS AG are stored on our systems in accordance with standard safety practices and applicable laws. APPICS AG records include proof of emails exchanged, registration forms sent, videos uploaded, and other activities within the APPICS Service, it being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in your possession, our records shall be authoritative and controlling.
- 2.The APPICS Service may contain links to websites operated by other entities. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. APPICS AG has no responsibility to you with respect to any linked site, and no linked site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by APPICS AG.
- 1.Registration on APPICS App and the use of the APPICS Service is free of charge.
- 2.Your use of the APPICS Services and APPICS App is entirely at your own risk. Although APPICS AG enforce strict price accuracy with Users who post their USER Content and do our best to ensure that the content displayed on or via APPICS Services is up to date and accurate, APPICS AG cannot guarantee the reliability or accuracy of such content.
- 3.APPICS AG is not an agent and is not responsible for providing any options displayed via the APPICS Services or for setting or controlling the prices.
- 4.The identity of the relevant Users who post its User Content on APPICS App and the terms and conditions applicable to a potential purchase of such User Content will be notified to you directly by such User who posted its User Content on APPICS App at the time you directly connect with such User. APPICS AG has no influence on any potential negotiations. You should ensure that you read and fully understand the terms and conditions before completing a purchase.
- 1.APPICS AG cannot be held liable in any way by the User for direct damages of any nature whatsoever suffered by anyone as a result of or in connection with the APPICS Services, unless arising from APPICS AG’s willful misconduct or gross negligence.
- 2.APPICS AG’s liability for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, loss due to business interruption, losses as a result of claims from third parties, and damages in connection with engagement of third parties by the User, as a result of or in connection with the APPICS Service, is excluded.
- 3.APPICS AG is not liable for any loss arising from the performance of the APPICS Services due to APPICS AG acting on incorrect or incomplete information provided by the User.
- 4.APPICS AG is not liable for any damage or loss, in any form whatsoever, caused to or by the APPICS Service as a result of non-compliance with these Terms, such as, in the event of failure to deliver the APPICS Service on time or in full, due to unforeseen circumstances and/or force majeure, or any other agreed.
- 5.User shall accept and acknowledge that there are risks associated with utilizing an Internet-based Telos blockchain account service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within or associated with your User account, including, but not limited to your private key(s) (“Private Key”). User shall accept and acknowledge that APPICS AG will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the APPICS Services, however caused.
- 6.APPICS AG makes no representation or warranty of any kind, express or implied, statutory, or otherwise, regarding the contents of the APPICS Service, information and functions made accessible through the APPICS Service, any hyperlinks to third-party websites, nor for any breach of security associated with the transmission of information through the APPICS Service or any website linked to by the APPICS Service.
- 7.APPICS AG will not be responsible or liable for any loss and take no responsibility for and will not be liable for any use of our APPICS Services, including but not limited to any losses, damages or claims arising from: (a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped Telos blockchain addresses; (b) Server failure or data loss; (c) Corrupted Account files; (d) Unauthorized access to applications; (e) Any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the APPICS Services.
- 8.APPICS AG makes no warranty that the APPICS Service or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. APPICS AG will not be responsible or liable for any loss of any kind, from action taken, or taken in reliance on material, or information, contained in the APPICS Service.
- 1.Insofar as is permitted by law, you shall indemnify and compensate APPICS AG (and each of our officers, directors, members, employees, agents, and affiliates) for any liabilities, damages, losses and costs (including settlement costs and reasonable attorneys' fees) arising from claims of third parties, its personnel and personnel of the User who suffer damages caused by the performance of the APPICS Service, unless the cause is attributable to APPICS AG.
- 2.You furthermore indemnify APPICS AG AG (and each of our officers, directors, members, employees, agents, and affiliates) against all claims of third parties, its personnel and personnel of the User in connection with damages caused by or in connection with the APPICS Service.
Duration and termination of agreement
APPICS AG and you conclude the underlying agreement for an indefinite period of time, unless agreed to otherwise in writing. APPICS AG may terminate the agreement at any time with immediate effect, without being obliged to pay compensation of damages or indemnify and justification.
APPICS AG may, at its discretion, terminate the APPICS Service and any agreement or suspend its execution if, due to circumstances beyond its sphere of influence or of which it was not aware, it temporarily cannot comply with its obligations without being liable to pay any compensation of damages.
- 1.If APPICS AG does not enforce parts of these Terms agreement between APPICS AG and you, this cannot be regarded as a waiver of the right to enforce this at a later stage against you.
- 2.You cannot transfer the rights and obligations under these Terms and/or any agreement between APPICS AG and you to third parties. APPICS AG can assign and/or transfer all rights and obligations under these Terms and/or any agreement between APPICS AG and you to a third party, without consent from you being required.
- 3.If any provision of these Terms is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Terms. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.
Applicable law and competent court
- 1.These Conditions and any agreements between APPICS AG and you are exclusively governed by Swiss law.
- 2.Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Terms and/or an agreement must be submitted solely to the competent court in Zug, Switzerland.
Queries, remarks and suggestions
For any queries, remarks or suggestions, please contact APPICS AG using the contact details below or via the contact form on APPICS App and/or website.
Chamber of Commerce no. CHE-382.911.412
Last modified 1yr ago