Terms and conditions

These Terms & Conditions (referred to herein as “Terms”)  along with our Privacy Policy and any additional guidelines, terms, procedures, or rules that may apply to a specific feature of webpages, Health and Lifestyle products, and services, including other supplementary Services (referred to herein as “Services”) accessible at our website (referred to herein as “Site”) that are owned and operated by Appback Inc., having its registered address at 79-18 67th Drive, Unit #2F, Middle Village, NY 11379, United States, with company registration number 220822003049 (referred to herein as “Company”, “we” or “us”), are an agreement between you (referred to herein as “you,” “your,” and “User”) and the Company (referred to herein as “Agreement”). If you use the Site on behalf of a company, organization, or other entity, then: “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use any Services.

Table of Contents

  1. Introduction
  2. Errors
  3. Personal information
  4. Account
  5. Service options
  6. Paid subscription and Trial
  7. Your use of the Services
  8. Prohibited actions
  9. User`s submissions
  10. Third-party links
  11. Intellectual property
  12. Indemnity
  13. Law and jurisdiction
  14. Entire agreement
  15. Changes to Terms
  16. Severability
  17. Termination
  18. Disclaimer
  19. Limitation of liability
  20. Acknowledgement
  21. Contact information

 

  1. Introduction

This Agreement sets forth the legally binding terms governing your access and use of the Services. By using the Site or Services, you agree to comply with and to be bound by these Terms and all rules, policies, and disclaimers posted on the Site or about which you are notified.

The Company grants you a limited license to access and make personal use of this Site, subject to the Terms. This Site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and form) of the Company and/or its affiliates without the express written consent of the Company.

You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the license granted by the Company.

You must be age 18 or older. The Company does not target the Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s Account immediately. If your country’s minimum age is older, you are responsible for complying with your country’s laws.

  1. Errors

Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make our content as accurate as possible but we do not warrant that the content of the Site is accurate, complete, reliable, current, or error-free.

We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law.

  1. Personal information

Your submission of personal information in connection with your access to and use of the Services or the Site is governed by our Privacy Policy.

  1. Account

You may need to create your own account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

You agree to notify us immediately if you believe or have reasonable grounds to believe that your user account has been or may be used without your permission. In case of non-notification, you as the legal holder of the account are responsible for all actions taken on behalf of your user account unless such non-notification was due to your unawareness or inability.

The Company reserves the right to suspend or terminate your account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

If you create an account, you represent and warrant to the Company that:

  1. all required registration information you submit is truthful and accurate;
  2. you will maintain the accuracy of such information;
  3. your use of the Service does not violate any applicable law or regulation or these Terms;
  4. you will create, access, and/or use only one account, unless expressly permitted by the Company;
  5. you will not share access to your account or access information for your account with any third party.

The access to our Services and their use do not give you ownership of or any intellectual property rights in our Services or the content you access.

  1. Service options

On our Site you can use diverse Service options which are divided into:

  1. free-of-charge options;
  2. options that require payment before they can be accessed (referred to herein as “Paid Subscription”);
  3. special promotional plans, memberships, or services (referred to herein as “Trial”).

You may find detailed information concerning different packages and pricing plans in the relevant part of the Site. In general, we offer trial days period options and monthly renewal packages.

  1. Paid subscription and Trial

Some Services are available under the Paid Subscription or you can be offered with the Trial.  When you subscribe to any Paid Subscription or Trial, you give your consent for automatic renewal billing, according to your subscription package as may be specified on the Site.

If you subscribe for the Paid Subscription, you authorize us to charge you for the renewal term, which will be the same as your initial subscription period unless you cancel your Paid Subscription, or unless otherwise disclosed to you on the Site. 

If you subscribe for the Trial, your access to the Service will automatically continue and you will be billed the applicable fees for the Service unless you cancel before the end of the Trial, or unless otherwise stated. Please, consider that if you cancel the Services before the end of the trial period, all your rights to any remaining trial periods will be waived, and you will not have a right to participate in any further Trials, except the Company will allow you.

It is ultimately your responsibility to know when the Paid Subscription or Trial will end. We only process refunds that are requested within 60 days of the transaction date. 

By accepting these Terms, you acknowledge that we reserve the right to change fee rates for the Paid Subscription or the Trial at any time in our sole discretion and to the maximum extent permitted by applicable laws.  We will give you reasonable notice of any such pricing changes by posting the new fee rates on or through the Site and/or by sending you an e-mail notification, or in another prominent way. If you do not wish to pay the new fees for the Paid Subscription or the Trial, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.

You authorize us to:

  1. charge your credit card or bank account for all fees payable during the term of the Paid Subscription or the Trial;
  2. use a third party to process payments and consent to the disclosure of your payment information to such a third party.

You shall keep your contact information, billing information, and credit card information (where applicable) up to date. Changes may be made on your billing page within your account.

 

  1. Your use of the Services

By using or accessing this Site you represent and warrant that you will:

  1. not violate our intellectual property rights;
  2. not violate the rights of other users;
  3. receive Services in accordance with the Terms and will not use the Services in any illegal way;
  4. provide valid and accurate personal information and keep it up-to-date at all times;
  5. not perform acts aimed at breaching of the normal functioning of the Site, both by means of software and through your direct acts within the Site, or performing any other illegal acts;
  6. have no rights or benefits in any content, materials, or products developed by the Company within the Site;
  7. not scrape, build databases or otherwise create permanent copies of the content provided on or through the Site and outside the Site, but in relation to provision of Services, or keep cached copies longer than permitted by the cache header.

You also agree that you are:

  • responsible for protecting your account from unauthorized use;
  • solely responsible for granting access to your account to any third parties and the consequences thereof.

In case of breach of any of the aforementioned, the Company reserves the right to terminate your use or access to the Services.

  1. Prohibited actions

As a condition of use, you promise not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms or any applicable law, or any other purpose not reasonably intended by the Company.

Additionally, you are prohibited from using the Services, the Site or its content:

  1. a) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  2. b) to solicit others to perform or participate in any unlawful acts;
  3. c) for any unlawful purpose;
  4. d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. f) for any obscene or immoral purpose;
  7. g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Site;
  8. h) to collect or track the personal information of others;
  9. i) to spam, phish, pharm, spider, crawl, or scrape;
  10. j) to submit false or misleading information;
  11. k) to interfere with or circumvent the security features of the Service or any related site, other sites, or the Internet.

We reserve the right to terminate your use of the Service or the Site for violating any of the prohibited uses.

 

  1. User`s submissions

If you deliver your content to the Site, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such content in any manner. The rights you grant us are only for the limited purpose of the provision, offering, and improving our Services.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to this Site.

You agree that your content will not:

  1. violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right;
  2. contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related site.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any content you deliver and its accuracy.

 

  1. Third-party links

Links to other sites from this Site are for information and convenience only. We do not control, monitor, or verify substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party site or its content, and, accordingly, we accept no responsibility or liability arising from your access to any third-party site which is linked from or referred to on this Site. The inclusion of such a link or reference does not imply any endorsement of, or association with, the third party or their site, express or implied.

Please review carefully the third-party’s policies and practices and make sure you understand them before you use any third-party site.

  1. Intellectual property

Unless otherwise noted in this Site, the Company owns intellectual property rights with respect to all content on the Site. Content includes but not limited to: artworks, texts, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, service marks, trade dress, content, compilation, algorithms, computer code, products, software, patents, know-how, documents. All rights to content, services, and server information are reserved. Any modification made to the content of this Site by a third party is a violation of the Company’s intellectual property rights. Additionally, the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Nothing contained on the Site should be construed as granting any license or right to use the Site or any information displayed on the Site, through the use of framing or otherwise, except:

  1. a) as expressly permitted by these Terms;
  2. b) with the prior written consent of the Company or the prior written consent from such a third party that may own the trademark or copyright of information displayed on the Site.

The User agrees that as an express condition of the holding of an account the User shall not use the service offered by the Company to infringe the intellectual property rights of others in any way. We reserve the right, with or without notice, to terminate forthwith the account of any User who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Site.

  1. Indemnity

You agree to indemnify and hold the Company (and its affiliates, subsidiaries, officers, directors, employees, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third party.

  1. Law and jurisdiction

By using or accessing this Site you agree that any dispute or claim related to your access to and use of the Site and Services shall be governed by the laws of The United States of America.

The Company and the User shall, in the first place, use their best efforts to amicably settle any dispute, controversy, or claim arising out of the Terms, the Privacy Policy, and any other operating rules posted by us on this Site or the breach, termination, or invalidity thereof.

  1. Entire agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

  1. Changes to Terms

You can review the most current version of the Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes

 

  1. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, the problematic term, condition or provision will to that extent be deemed severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.

 

  1. Termination

These Terms shall become binding on you when you start using the Site either with or without a subscription and will remain in full force and effect unless and until they are terminated or until you stop using the Site or our Services. You may terminate Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

You have a right to cancel the Paid Subscription or the Trial at any time. Such cancellation will go into effect at the end of your current billing cycle, and you will have the same level of access to the Paid Subscription or the Trial through the remainder of such billing cycle. If you no longer wish to subscribe to the Paid Subscription or the Trial, it is your responsibility to cancel your Paid Subscription or Trial in due time, regardless of whether or not you actively use the Paid Subscription or the Trial. There are no refunds for termination or cancellation of your Paid Subscription or Trial.

Access to our Site is permitted on a temporary basis. We may suspend or terminate the account and access to Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

 

  1. Disclaimer

This Site is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Your use of the Site is entirely at your own risk and you shall be solely responsible for the results of using the Site. Without limiting the foregoing, we make no warranty that the site is of satisfactory quality, will be appropriate for you or fit for any purpose, will serve your requirements, or that it will be available, secure, accurate or error-free, and reliable or effective.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you.

  1. Limitation of liability

In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable in contract, tort, negligence, strict liability, or otherwise to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation any loss (direct or indirect) of data, business, revenue or profits, damage to reputation, loss of anticipated savings, loss of contracts, loss of enjoyment, waste of management or office time, whether or not we have been advised of the possibility of such damage arising.

If any state does not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.

  1. Acknowledgement

By using the Services or the Site you acknowledge that you have read these Terms and agree to be bound by them.

 

  1. Contact information

E-mail address: [email protected]

Post: 79-18 67th Drive, Unit #2F, Middle Village, NY 11379, United States

 

Last Updated: July, 2022