These Terms of Use are part of the agreement between App Dynamic ehf (“App Dynamic”, “we”, “us” or “our”) and you concerning the use of our AirServer Cloud Management Service (the Service).
If you are using our Service on behalf of a company or other entity, then “Customer” or “you” means that entity, and you are binding that entity to the Terms of Use. You represent and warrant that you have the legal power and authority to enter into the Terms of Use and that, if you are an entity, the Terms of Use is entered into by an employee or agent with all necessary authority to bind that entity to the Terms of Use.
By registering Customer represents and warrants that all information provided on the registration form is current, complete and accurate to the best of Customer’s knowledge. Customer agrees to maintain and promptly update its registration information on the Service so that it remains current, complete and accurate. Customer acknowledges and agrees that App Dynamic may rely on this password or user name to identify it. Customer shall be responsible for protecting the confidentiality of its user name(s) or password(s), if any. Customer is responsible for all use of its Account, regardless of whether it authorized such access or use, and for ensuring that all use of its Account complies fully with the provisions of these Terms of Use. We reserve the right, in our sole discretion, to review and delete Customer’s registration should we find something that might be considered objectionable
2.1Subject to all the terms and conditions of this Agreement, App Dynamic grants Customer a worldwide, non-exclusive, non-transferable, non-sublicensable right to use the Service solely for its internal business purposes, but only in accordance with this Agreement.
2.2Customer may permit its Authorized Users to use the Service, provided their use is for its benefit only and remains in compliance with this Agreement. Customer are responsible and liable for all its Authorized Users’ use and access and their compliance with the terms and conditions of this Agreement.
2.3General Restrictions. Customer must not: (i) rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Service to a third party (except Authorized Users); (ii) incorporate the Service (or any portion of it) with, or use it with or to provide, any site, product, or service; (iii) publicly disseminate information regarding the performance of the Service; (iv) modify or create a derivative work of the Service or any portion of it; (v) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Service; (vi) break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the Service; (vii) distribute any portion of the Service; (viii) access the Service for the purpose of building a competitive product or service or copying its features or user interface; or (ix) remove or obscure any proprietary or other notices contained in the Service, including in any reports or output obtained from the Service.
2.4App Dynamic reserves the right to limit Customer’s access and use the Service to preserve the security, stability, availability or integrity of the Service. App Dynamic will have no liability for taking action as permitted above
3.1Ownership. Customer agrees that App Dynamic (or its suppliers) retain all rights, title and interest (including all intellectual property rights) in and to the Service and reserves any rights not specifically granted in this Agreement. The Service is offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it hasno right to obtain a copy of the software behind the Service. App Dynamic at its option may make updates, bug fixes, modifications or improvements to the Service from time-to-time.
3.2Feedback. If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to App Dynamic (collectively, “Feedback”), Customer hereby grants App Dynamic a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however App Dynamic will not identify Customer as the source of the Feedback. Nothing in this Agreement limits App Dynamic’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
3.3Customer Data. Customer retains all right, title, and interest (including any intellectual property rights) in and to any Customer Data. Customer hereby grants App Dynamic a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data solely to the extent necessary to provide the Service and related services to Customer and as set out in Section 5.2 (Aggregate/Anonymous Data).
3.4Aggregate/Anonymous Data. Customer agrees that App Dynamic will have the right to generate Aggregate/Anonymous Data, and that App Dynamic may use it for any business purpose during or after the term of this Agreement (including without limitation to develop and improve App Dynamic’s products and services and to create and distribute reports and other materials).
Customer agrees to obtain all necessary rights, releases, and consents to allow Customer Data to be collected, used, and disclosed in the manner contemplated by this Agreement and to grant App Dynamic the rights set out in this Agreement.
Customer represents and warrants that the collection, use, and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights.
App Dynamic currently does not charge for the Service. But, reserves the right to charge for the service in the future.
6.1Term. This Agreement is effective until terminated as expressly permitted in this Agreement.
6.2Termination for convenience. Customer may terminate this Agreement at any time by deleting its Account.
6.3Termination for breach. Either party may terminate this Agreement, if the other party: (i) fails to cure any material breach of this Agreement within thirty (30) days after written notice detailing the breach; (ii) ceases operation without a successor; or (iii) if permitted by applicable law, seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any of these proceedings are instituted against that party (and not dismissed within sixty (60) days thereafter). App Dynamic may also terminate this Agreement immediately if Customer breaches Sections 2 (Use Rights) or 4 (Customer Obligations), or for repeated violations of this Agreement.
6.4Effect of Termination. Upon any termination of this Agreement, Customer’s right to access and use the Service ends and Customer must stop using the Service
6.5Survival. [use language] The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Customer agrees to defend and indemnify App Dyanmic from and against any third-party claims and liabilities to the extent resulting from: Customer Data; or a breach or alleged breach of Section 4 (Customer Obligations). Customer must not settle any claim without App Dynamic’s prior written consent if the settlement would require App Dynamic to admit fault, pay amounts that Customer must pay under this Agreement, or take or refrain from taking any action. App Dynamic may participate in a claim through counsel of its own choosing at its own expense and Customer and App Dynamic will reasonably cooperate on the defense.
THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. APP DYNAMIC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. APP DYNAMIC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. APP DYNAMIC DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. APP DYNAMIC WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR THE COLLECTION, USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THIS AGREEMENT. THE DISCLAIMERS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
9.1Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APP DYNAMIC BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF THESE DAMAGES. APP DYNAMIC’S TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE FIFTY U.S. DOLLARS ($50 US).
9.2Exceptions. NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION 9 EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION 9 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9.3Failure of Essential Purpose. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION 9 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We are committed to safeguarding your privacy. The terms regulating the handling of personal information and other information about you are described in our Privacy Notice.
Customer agrees to allow App Dynamic the right to use Customer’s name and logo on any App Dynamic website and/or in marketing materials, including case studies and as press references, to identify yourself as a customer of App Dynamic.
This Agreement shall be governed by and construed in accordance with the laws of Iceland. You hereby submit to exclusive jurisdiction in the Icelandic Courts. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
Please note that your use of the Service may be subject to other local, state, national, and international laws.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us, in our sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. App Dynamic may amend at its discretion this Agreement upon 30 days notice.