Terms of Use

Terms and conditions governing your use of Apptacle promotion and related service(s) (collectively, the “Service”):

Use

A. You are responsible for the content and accuracy of all news copy and other information submitted by you to Doctopod, Inc. d/b/a Apptacle (“Apptacle”) or entered into the Service (the “Submitted Materials”). You are also responsible for verifying facts contained in Submitted Materials and must ensure that you have permission to distribute all Submitted Materials.


B. Any loss, injury or dispute arising from Apptacle distribution of all Submitted Materials is solely the responsibility of the Customer.


C. Apptacle reserves the right to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent. Should substantive edits be required we will notify you via email with full details, for your consent or refusal. In the event that we do not receive a response within 7 days we will consider this consent to proceed.


D. Apptacle makes no representation or warranty regarding the removal or amendment of Submitted Materials from sites outside of our control.


E. Apptacle endeavors to disseminate Submitted Materials promptly and accurately. Any inadvertent errors by Apptacle will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of Apptacle in this regard. If Submitted Material is not distributed within 30 days of the earlier of the (i) date on which you enter such material or (ii) pay for the Service (even if you have not yet entered Submitted Material) for reasons other than a delay caused solely by Apptacle, then Apptacle’s service to you concerning such Submitted Material and/or payment shall be considered complete, and Apptacle shall have no further obligation to you regarding such Submitted Material or in relation to such payment.


F. All bookings received by Apptacle must contain a user-supplied contact name and e-mail address that may be verified by Apptacle.


G. Apptacle does not warrant specific placement of any news release nor pick up by third parties of any news release on its wire, but will deliver a news release via online distribution methods to make such content available to be repurposed by third parties who discover the content at various Internet locations, both intended and unintended.


H. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any Apptacle systems without the express written consent of Apptacle


I. Approximately 1 week after completion of the Service Apptacle will provide a report to illustrate how each individual part of your chosen package was completed along with a selection of statistical data to assist you in determining the result of your Service.


J. If you feel the data provided in your report doesn’t reflect your requested package then you will send us your reasoning behind as to why this is the case, within 3 days of receiving the report, by sending these details to [email protected]


K. Upon receiving a query as detailed in 1I we will endeavour to investigate within 72 hours and send a response via email containing either an explanation as to why we feel the package was performed correctly, and additional information if required, or our acknowledgement of an error and proposal to correct.


L. If in the opinion of Apptacle an investigation described in 1J leads us to determine your package was incorrectly actioned, we may repeat the Service in part or in whole, or provide a full or partial refund. The action taken in this event, if any, will be determined at the discretion of Apptacle and is not guaranteed.


M. A full refund will be provided only if requested within 24 hours of placing a booking. In this event a full refund will be processed and returned via the method of payment originally used within 7 days of the refund request. All requested services shall be cancelled.


N. Upon completion of the Service Apptacle may use your Application Name, information about your Application and / or logos, screenshots and graphics associated with your Application or Company for the purpose of producing Case Studies or for displaying examples of previous Customers.


O. Where a scheduled service is due to fall on a Saturday, Sunday or recognised Holiday the service will be scheduled for the next available business working day. All dates supplied within a booking confirmation are provided after this consideration has been applied.


P. Should any information that appears within your booking confirmation be incorrect, you must let us know via email within 24hrs of receiving your confirmation.


Q. If you provide us with a request to edit or add information or to postpone or cancel your campaign after 24 hours has passed since your booking confirmation then changes may not be possible.


R. Once a booking has been placed the application submitted for inclusion in the campaign cannot be changed.


S. Occasionally we may need to make urgent amends to a press release. For example, should it be temporarily refused by a newswire for any reason, subject to a suggested change. In this case we reserve the right to make changes without informing you in order to ensure your campaign is not effected.


T. All Services provided are in English language only and communication as part of the Service is only with English speaking media outlets.


U. We review all supplied Press Releases to ensure they adhere to the required distribution guidelines needed to implement the Service. However, we are not responsible for impeded performance due to Press Release content supplied by you directly that was not created as part of the Service.


V. We will send all communications via email to the email address supplied by you on the booking form. You are responsible to ensure that supplied email address is operational and able to receive our communications. All customer support is provided via email only.


W. We aim to reply to all customer emails during our business hours of 8AM to 5PM Pacific Time, Monday to Friday. Communications received outside of the time period will be responded to the following business morning.



Suspension, Termination, Refusal


A. Apptacle may suspend or terminate your account at any time at its discretion. Notwithstanding the foregoing, if your account becomes delinquent or you breach any material term or condition herein, then, in addition to any of its other rights or remedies, Apptacle reserves the right to suspend your access to the Service, without liability to you. In this event you shall be informed within 24 hrs of your account cancellation and receive a full refund within 7 days on a pro-rata basis considering any completed work (if applicable).


B. Apptacle reserves the right to refuse any campaign at it’s discretion if in the opinion of Apptacle the Submitted Materials are not suitable for the service. In this event you will be informed of this decision within 72hrs of placing your order and will receive a full refund within 7 days.



Indemnification


A. Apptacle will indemnify (“Indemnitor”) and hold you (“Indemnitee”) harmless against any claim or demand by a third party, including without limitation reasonable attorney’s fees, alleging that the Service infringes any intellectual property right under the laws of the United States of a third party. This indemnification does not cover third party claims arising from: (i) modifications to the Service by anyone other than Apptacle or its authorized agents and contractors; (ii) use of the Service by you in combination with other software or equipment not authorized by Apptacle where the Service, if not so used, would not be infringing; or (iii) your failure to use the Service in accordance with these terms and conditions.


B. You shall indemnify (“Indemnitor”) and hold harmless Apptacle (“Indemnitee”), its affiliated companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.


C. Indemnification is conditioned upon the following: (i) the Indemnitee promptly notifying the Indemnitor of any claim; (ii) the Indemnitor having sole control of the defense and all related settlement negotiations; and (iii) the Indemnitee cooperating, at the Indemnitor’s expense, in the defense and furnishing the Indemnitor with all related evidence in its control.


D. If a claim regarding the Service and alleging infringement is brought or is likely, in Apptacle’s sole opinion, to be brought, Apptacle may, at its sole option and expense (i) obtain the right for you to continue using the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) upon notice to you, terminate your use of the Service or any portion thereof, provided that cancellation is completed as outlined in 3B.



Billing


A. You shall pay all fees or charges to your account via the integrated Stripe facility accessible via the Apptacle booking form. Apptacle reserves the right to modify its fees and charges and to introduce new charges at any time, this will not effect orders already in place where payment has been made.


B. All payments must be made in advance of commencing the Service.


C. If you believe your payment was incorrect, you must contact us via email within 60 days at [email protected].


D. Stripe will show all amounts in either USD prior to payment. Due to currency fluctuations in local markets the price shown on your credit card statement may slightly vary when it's converted by your Bank from the price displayed in Apptacle marketing materials.


E. Where a currency fluctuation due to conversion of your bank causes the price paid via Stripe to be lower than the advertised amount, the full Service will still be provided by Apptacle and your purchase will still be considered completed.


F. You agree to not complete a chargeback on their payment after the Service has been completed. In this event Apptacle reserves the right to make claim to any outstanding fees within your local jurisdiction, as well as reasonable additional fees to cover any additional costs incurred during this process.



Warranties; Limitation of Liability


A. You represent and warrant to Apptacle that (i) you have the right to deliver the Submitted Materials to Apptacle, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, (iii) Submitted Materials will not contain any content that is obscene, libellous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.


B. APPTACLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE), REGARDING THE SERVICE. APPTACLE DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE FREE FROM ERRORS, INCLUDING OMISSIONS, INTERRUPTIONS, DELAYS, LOSSES OR DEFECTS, WHETHER HUMAN OR MECHANICAL. HOWEVER, ANY ERRORS MADE DIRECTLY BY APPTACLE WILL BE RECTIFIED AS DESCRIBED IN 1E.


C. Apptacle’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL APPTACLE HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



Miscellaneous


A. Apptacle is a trading name for Doctopod, Inc., 2120 University Avenue, Berkeley.


B. You shall not hold consider or advertise yourself as in any way as sponsored by, affiliated with, or endorsed by Apptacle or its subsidiaries or affiliates. You agree not to (i) defame or disparage Apptacle, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.


C. You consent to receive communications from Apptacle concerning the Service electronically by email to the email address you provided in connection with your account. You may change the email address to which Apptacle sends communications by notifying us at [email protected]


D. By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of Apptacle, Apptacle reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts and services.


E. You are responsible for all Services requested and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.


F. Apptacle reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.


G. Apptacle makes no guarantee regarding increased sales, downloads or App Store ranking as a result of the Service.


H. You acknowledge and agree that you and Apptacle are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.


I. This Agreement shall be governed by and construed under US law exclusive of its conflict of laws provisions.


N. Any content appearing on third party sites as a result of the Service; including application reviews, user comments, media articles etc. is not controlled by Apptacle and we make no claim to the quality or accuracy of this information, nor do we have access to remove any resulting content at any time.


O. User reviews and ratings on either the App Store or Google Play are provided at the discretion of users who may discover your application either directly or as a result of the Service. All content supplied via this channel is directly between the end user and the App Store or Google Play and is not a part of our service or controlled by Apptacle.


Q. The distribution channels used to deliver the service require the provision of direct URLs only with the Press Release communication. The use of redirection URLs is not supported.


T. Any content hosted by Apptacle as part of the Service is provided under a ‘fair use’ policy to provide reasonable levels of bandwidth, page requests and data transfer in order to function within the Service. If for any reason hosted content falls outside of this policy we shall inform you via email and offer to provide the content to you for your own hosting arrangements.


U. App Review websites can take anything from 1 week to 6 months to feature the application supplied.


V. Apptacle is not responsible for impeded performance of the Service due to competing news at the time of distribution.


W. Large news announcements or announcements from companies listed on a major stock exchange may be required to send email authorization to some distribution channels before distribution can commence. In this event we shall contact you and provide further instructions.

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