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Terms and Conditions of Use

Last modified: Tuesday, July 27, 2021

Welcome and thank you for using Apphive Inc to carry out your Mobile Application project. This legal notice is an agreement between the User and APPHIVE Inc. and is intended to regulate the content and use of the services of APPHIVE Inc. on the Internet Site WWW.APPHIVE.IO, (hereinafter APPHIVE).

1. User acceptance of the terms

You are allowed to use the Services only if: (1) you declare that you can enter into a binding contract in your jurisdiction; (2) comply with our Agreement; (3) you will not copy or distribute any part of the Services in any medium without the Company's prior written authorization, except as permitted through the functionality of the Services and under this Agreement; (4) provide accurate and complete information when creating an account; (5) acknowledge that you are solely responsible for the activity that occurs when you log in or use the Services; and (6) you acknowledge your sole responsibility for your content submissions, including discussion posts, profile information, and links, images, and other similar content.

APPHIVE intends to provide, directly or indirectly, to users access to a series of online services, among which are included in an illustrative way, but not limited to: inquiries through contact forms, subscription to a newsletter informative that will be sent periodically via email, online payments, informative content, personalized content, editorials, among other illustrative content to facilitate the tasks of the users and the entertainment and enrichment of the users' knowledge

The Service is available only for the elderly 13 years old. If you are 13 or older but under 18 years of age, or the legal age of majority where you reside if that jurisdiction is the age of majority, then you agree to review this Agreement with your parent or guardian to ensure that both you and your parents or guardian understand and accept this Agreement. You agree to have your parents or guardians review and accept this Agreement on your behalf. If you are a parent or guardian who accepts this Agreement for the benefit of a child over the age of 13, then you accept and accept full responsibility for that child's use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria to use the Service at any time. The right of access to the Service is revoked when this Agreement or the use of the Service is prohibited, or to the extent that the offer, sale or provision of the Service conflicts with any applicable law, rule or regulation.

THE USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, EXIT THE SERVICES NOW. YOUR SOLE REMEDY IN THE EVENT OF DISSATISFACTION WITH THE SERVICES, OR ANY PRODUCT, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES, IS TO DISCONTINUE USING APPHIVE AND / OR THOSE PRODUCTS IN PARTICULAR. YOUR AGREEMENT WITH US IS EFFECTIVE IMMEDIATELY AFTER THE START OF YOUR USE OF THE SERVICES.

The use of APPHIVE attributes to you the condition of the user of the Portal (hereinafter, the "User") and implies the full and unreserved acceptance of each one of the provisions included in this Legal Notice, at the same time that the User accesses the Portal. Consequently, the User must carefully read this Legal Notice on each of the occasions in which they intend to use the Portal, since it may undergo modifications. The Services and their features are provided subject to your compliance with all terms, conditions, and notices contained or referenced in this agreement (the "Agreement").

2. Use of Apphive

To have access to APPHIVE, the User is responsible for having a computer equipment with an Internet connection, either by telephone or any other technology that provides this service that APPHIVE does not offer to users, therefore, the User is responsible for the costs derived from the connection and access to the Internet. The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the content or services of the Portal, use of services, or access to services.

In order to use and access APPHIVE, the User must create an account in the manner described on the website. When creating their account, the user will be obliged to provide their data in the manner described on the website. The User is responsible and is responsible for all use and access through his account and will be solely responsible for false statements or inaccurate information that he provides and for the damages caused to APPHIVE or third parties by the information he provides.

As soon as the User knows or has reasons to assume that his Account and / or data has reached the hands of unauthorized third parties, the User must inform APPHIVE of this immediately at the email address [email protected] despite his Obligation to take the necessary legal measures, such as changing your password.

By creating an APPHIVE User account, access is private, and you have access to a variety of services that allows you to create dynamic mobile applications without the need to write code or program and allows you to save templates at various levels: components, app elements as images: icons, text, etc. Functions such as: links, GPS, database, etc. Independent screens such as: login, home, store, etc., (hereinafter the Service or Services). You can use the Services for your personal and commercial use with application in private mode or public mode.

When saving the application, it remains private and can only be viewed or edited with unique access for each User. If you want someone else to view your application, it can be done as long as they share their accesses or adding another user as an editor, the latter being the direct responsibility of the User and separating APPHIVE.

3. Account Information and Security

When you register, you provide us with certain basic information, which may include an email address, user ID, and password ("Account Information"). In order to use the Services, you agree to provide Glide with true, accurate, current, and complete information about yourself, and to keep your Account Information current and accurate. You agree not to allow others to access your account. You are solely responsible for anything that happens due to failure to maintain security and confidentiality, such as sharing your account information with others, and we will not be liable for any loss or damage that results from your failure to comply with these obligations. If someone is using your account, please notify us immediately. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. Additionally, you acknowledge that Internet transmissions are never completely private or secure and understand that any message or information that you send to the Services may be read or intercepted by others, even if it is encrypted.

 

4. Intellectual property

The User accepts and agrees that the Service and any necessary software used in connection with the Portal contain confidential information that is protected under applicable intellectual property and other laws.

Likewise, the User accepts that the content included in advertisements of sponsors or advertisers or information published through the Portal, brands, logos, photos or advertisers is protected by copyrights, trademarks, service marks, patents and other rights and property laws. Except as expressly authorized by APPHIVE or its clients, the User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content or the software, partially or totally.

The User for his part is obliged not to modify the content in any way or to use modified versions thereof, including without limitation, to the purpose of obtaining unauthorized access to the services and restricted contents of the Portal.

Therefore, the user undertakes not to enter the Portal by any other means other than the user interface provided for this purpose by APPHIVE.

APPHIVE respects the intellectual property rights of third parties, so its users are obliged to respect them in the same way.

All content posted on the Service by the User must comply with US copyright laws and other intellectual property laws. The unauthorized use of trademarks is not the responsibility of APPHIVE, however the User can generate reports of illegal use of trademarks or any intellectual property right, by writing to the contact email of APPHIVE. Sending us an email or through the contact form.

APPHIVE does not deliver the Application code, files or database. In other words, the application cannot be migrated from one platform to another. Or extract code for external development, although the user can export their data through the platform panel.

The use of the templates, their publication and content are the responsibility of the users and any improper use, reserved rights, illegal content, etc. will be evaluated to be removed, it can be requested by email or on the same platform.

The content of the applications and the data collected are the responsibility of who designs the application, as well as correctly establishing its security rules. The User may register the Application that he develops in Copyright, and if it has a Hardware that connects with the application, it may be subject to Patent registration

As for the User and APPHIVE, his profile and the uploaded materials remain the User's However, by sharing your pages, applications, databases, scripts or other resources, you agree that others view and share your Content in accordance with APPHIVE policies. APPHIVE is not responsible for the use of its Content by other Users.

APPHIVE does not pre-select the Content and is not responsible for the Content, whether of the User. However, APPHIVE is the sole and exclusive owner of all rights and titles in the Service, as well as in the APPHIVE name, brand and logo. Its use in the Service does not confer ownership or other rights on the User.

You agree that you will not modify, adapt, copy the Service or modify another website to falsely imply that it is associated with the APPHIVE service.


5. Your content and licenses


APPHIVE DOES NOT claim ANY ownership rights over the text, files, images, photos, videos, sounds or musical works (collectively, "Your Content") that you upload to or through the Services. You represent and warrant that you will not contribute its content or use the Services or interact with the Services in any way that: (i) infringes or violates the intellectual property rights or any other rights of any other person (including APPHIVE); (ii) violate any law or regulation, including, but not limited to, export control laws, privacy laws, or any other purpose that APPHIVE has not reasonably intended; (iii) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable; (iv) endanger the security of your APPHIVE account or that of any other person (such as allowing someone else to log into the Services like you); (v) attempt, in any way, to obtain the Account Information, the account or other security information of any other user; (vi) violates the security of any computer network or cracks passwords or security codes; (vii) executes Maillist, Listserv, any form of autoresponder or "spam" on the Services, or any process that runs or is activated while you are not connected to the Services, or that otherwise interferes with the proper functioning of the Services. Services (including placing an unreasonable load on the infrastructure of the Services); (viii) "crawl" or "scratch" any page, data or part of or related to the Services or the Content (through the use of manual or automated means); (ix) copy or store any significant part of the Content; or (x) decompile, use reverse engineer, or otherwise attempt to obtain the source code or ideas or information underlying or related to the Services. APPHIVE may be used to reproduce materials as long as such use is limited to the reproduction of non-copyrighted materials, materials in which you own the copyright, or materials that you are authorized or legally permitted to reproduce. Except and only to the extent expressly permitted by this Agreement or applicable law, you may not copy, decompile, reverse engineer, disassemble, modify or create derivative works of APPHIVE or any part thereof. APPHIVE performs the technical functions necessary to offer the Services, including but not limited to reformatting Your Content to allow use through the Services and using Your Content to make improvements to the Services, and you hereby grant APPHIVE a non-exclusive, perpetual, transferable and sublicensable, fully paid worldwide license to use, copy, prepare derivative works or fully exploit Your Content to provide these services.

 

 

 

6. Templates

 

By purchasing one of the Premium templates, the USER accepts that it is not a final Application. This must be customized in design and functions according to the APPHIVE Service. The USER agrees to dedicate time to adjust the template according to its business model. APPHIVE is not responsible for making changes and / or adjustments that the USER makes to the template. Templates may present errors, if so please report in the support chat for follow-up, the support team will check that it is an error of the template and / or platform and only in that case will the solution be followed up.

 

The refund policy of APPHIVE when acquiring a specific template is that there is no refund when acquiring any of the Premium APPHIVE templates, this being the responsibility of the USER to view the demo content presented through the Marketplace before completing the purchase. When purchasing a Premium template, it can only be uploaded to a single account. (Refund 5 days, new terms for third-party templates, all content will be removed). You can share the Terms and Conditions of the use of the Marketplace from: https://marketplace.apphive.io/terminos-y-condiciones-programa-makers/

 

7. Apphive Community

The main purpose of the APPHIVE community is to create a development network of collaborative Mobile applications. People want to work better together. Although the website exists, this is a community that is built with active users and of any level of expertise on the Apphive platform. 

 

Be respectful - Other contributors may not have the same level of experience or background as you, but that doesn't mean they don't have good ideas to contribute. Users are encouraged to welcome new contributors and newcomers.

 

 

8. Partners Program

The Partners program is an APPHIVE program whose purpose is for design or programming agencies, as well as freelance designers, to generate additional income by developing Mobile Applications with the APPHIVE platform. The contracts, costs and deals between Partners and USERS (“your client'') is an agreement between third parties and APPHIVE is not responsible for the fulfillment or non-fulfillment of said agreements. 

If you use the Partner Program to design an App for a third party (your “Client”), you must use the Service in compliance with the following additional terms:

Your relationship with your Client is strictly between you and your Client. Apphive will not be a party to any agreement you have with your Client. The manner and means you choose to perform your services are under your sole discretion and control. However, you agree to provide these services in a professional manner, respecting the agreed deadline, industry practices and your own Terms.

You assume full responsibility for all Client Applications linked to your account and that all such Applications comply with the provisions. Although through Apphive you are allowed to resell the service under a private label, this private label is not guaranteed and in no way is Apphive liable in the event that it is not possible to maintain it. 

In the event that your Client contacts any member of the Apphive team, the information presented on the website will be confirmed: https://apphive.io/partners, no contact information will be provided with prior authorization. In the event that you breach the service with your Client, and Apphive reserves the right to serve your Client directly.  

You understand and agree that you, as a Partner Account Holder, are ultimately responsible for paying the costs of each Application linked to your account. If at any time are not met the payment obligations of any Application, the Platform and its Applications may be disabled, until the payment obligations are met.

 

10. Cost of the service

When creating an APPHIVE User account, access is private, and you have access to a variety of services that allows you to create dynamic mobile applications without the need to write code or program and allows you to save templates at various levels: components, application elements such as images: icons, text, etc. Functions such as: links, GPS, database, etc. Independent screens such as: login, home, store, etc. (hereinafter the Service or Services). You can use the Services for your personal and commercial use with application in private mode or public mode.

When saving the application, it remains private and can only be viewed or edited with unique access for each User. If you want someone else to view your application, it can be done as long as they share their accesses, the latter being the direct responsibility of the User and defining APPHIVE.

In the Free mode, the User can make use of all the functions available to develop the application without the need for any payment. If the user wants someone else to view their application, it must be published. The publish button refers the User to the various options of payment plans that APPHIVE has. By publishing, in Free mode, the Application becomes a free template for use by other users within the website.

If the user is on a free subscription and remains inactive (without access to his account) for more than 3 months, a reminder notification is generated. After 6 months of being inactive, All unpublished content may be removed.

If the User wants someone else to view their Application, it must be published. The publish button opens various options that are our payment plans: ENTREPRENEUR, PREMIUM and UNLIMITED and the costs can be consulted on the portal.

a) Private or Entrepreneurial Plan. When publishing and paying for the ENTREPRENEUR plan, other users can view the application thanks to the renderer, however, if the User so decides, it cannot be used as a template for other APPHIVE users.

b) Premium Plan. By publishing and paying for the PREMIUM plan, other users can view the application thanks to the renderer, and in the same way it can be a private template if they so choose. In addition, it can be published in the Play Store and the APPHIVE store (if the User accepts).

c) Unlimited mode. By publishing and paying for the UNLIMITED plan, other users can view the application thanks to the renderer, and in the same way it can be a private template if they choose. In addition, it can be published in the Play Store, App Store and the APPHIVE store (if the User accepts).

What happens if they stop paying? 

- The number of screens for editing in your application is limited and blocked

-If you already have your Application in Google Play / App Store, you will not be able to update your App

-You will not be able to compile your App to load in Google Play and / or App Store

-The Apphive promotional banner will be displayed, in your App already in production

-Your App could be shared with the community as a public template

-The number of available Apps per project is limited

-You will not be able to paste the app process

-The number of versions is limited,

-Automatic versioning is eliminated while you work

-The space available to save files is limited

-You will not be able to add testers to your app or other editors


11. Cancellation and refund policy

The Client can unsubscribe when deem it appropriate, there is no obligation of permanence in service.

If the Client made the annual payment, no economic amount will be reimbursed after 5 calendar days from their hiring.

If the Client opted for the monthly payment, the monthly payment paid will not be reimbursed, corresponding to the month in which they withdraw from their Plan. The subscription is only canceled so that it does not generate future charges. 

The client is responsible for notifying via [email protected] the reasons for its cancellation. The charge is made automatically to your account registered on the APPHIVE platform. It is the responsibility of the user to notify subscription changes so that charges are not made to the subscription that is running, if the client does not notify these changes and the system makes a charge, no refund will be made. To make the cancellation or changes to the subscription, the Subscriptions team must be notified 10 days before the billing date, otherwise, the system could charge the next billing cycle and no refund will be made.  

Modifications, cancellation, suspension and termination of services

The provision of the Portal service and the other Services has an indefinite duration. However, APPHIVE may terminate or suspend the provision of the Portal service and / or any of the services at any time, without prejudice to what has been provided in this regard in this Legal Notice or the corresponding Conditions established for each service in particular.

The User is responsible for the cancellation of his own account. A request by email or phone to cancel your account is not considered a cancellation. You can cancel your account at any time by following the instructions on the platform.

All of your Content will be immediately removed from the Service upon cancellation. This information cannot be recovered once your account is canceled. APPHIVE is not and will not be responsible for the loss of any Content.

If you cancel the Service before the end of your current pay period, your cancellation will take effect immediately, and you will not be charged again. There will be no refund of unused fees.

APPHIVE does not undertake at any time to warn Users in advance of the modification, cancellation, suspension or termination of the Portal services.

Regarding the services in which the prior registration of the User is required, APPHIVE may at any time, cancel or discontinue their password, account (or any part of it) or their use of the Service and remove or delete any Content within the Service for any reason, including without limitation, lack of use, or in case of considering that the User has violated or acted against this document or the essence of the Portal.

Therefore, the User accepts that APPHIVE will not be responsible in any case to the User or third parties for any termination of their access to the services or services.

APPHIVE will have the right to modify, or discontinue the content of the Portal or any of its services or any part of it, temporarily or permanently, at any time and periodically.

APPHIVE will not be liable to users or third parties for any modification, suspension, or interruption of the Service.

APPHIVE may withdraw or suspend at any time and without prior notice the provision of Services to those Users who fail to comply with the provisions of this Legal Notice.

Fees and reimbursement

All prices related to the Service are subject to change by APPHIVE at any time, without prior notice, and without any liability to APPHIVE.  

Unless otherwise agreed by APPHIVE, a valid credit or debit card is required for paid subscription plans or through PayPal.

Once the user has their application in stores, they must pay their plan monthly to continue in them. The billing service will be issued automatically with the information that the User provides to APPHIVE. If APPHIVE stops receiving payment, the User has a period of 10 days before the application is blocked and the User stops viewing it.

When the Application is published in Google Play and App Store stores, they may deny the publication of the application due to irregular or illegal content. APPHIVE is not responsible for that rejection of the stores, however, We are obliged to notify the user of the reasons for the rejection, so that he can correct his Application or work on a new project if so wish.

In the event that the publication is not made due to a technical issue, it will be evaluated by APPHIVE to evaluate whether it is a design issue for the application.

To upload the application in the App Store and Play Store, each user must create their account developer in Google Play and App Store, upload the information to the platform so that the system can upload applications to your accounts. Additionally, it is the user's responsibility to pay the fee for each store.

The rates do not include taxes, levies or duties imposed by the tax authorities, and the User will be responsible for the payment of all such taxes, levies or duties.

The payment plans are at Project Level, that is, you can have several applications in the same project, and all of these will share the storage and bandwidth limitations assigned to the project.

APPHIVE's refund policy is 5 calendar days after payment, as long as the User requests a refund within this term by email to [email protected]

12. Dispute resolution

In order to resolve disputes between you and APPHIVE in the fastest and most cost-effective manner, you and APPHIVE agree that all disputes arising in connection with this Agreement will be resolved by binding arbitration. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow more limited discovery than in court, and is subject to very limited review (if applicable) by the courts. Arbitrators can award the same damages and reparations that a court can award. This agreement to arbitrate disputes includes all claims arising out of or related to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a legal theory arises, claim during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING THESE TERMS, YOU AND APPHIVE ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.

 

Notwithstanding the provisions of the preceding paragraph, nothing in this Agreement shall be deemed to waive, exclude or limit the right of either party to: (a) bring an individual action in small claims court; (b) take enforcement action through the appropriate federal, state, or local agency if that action is available; (c) seek precautionary measures in a court of law; or (d) file a lawsuit in a court of law to address a claim of intellectual property infringement.

 

14. Access and use of the content and services of the Portal

The User acknowledges and accepts that the intellectual property of all information, data, texts, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly advertised or transmitted privately, are the property of APPHIVE.

In the cases in which the User decides to make use of any service or tool that allows the User to publish any information or content on the Portal or through the User undertakes and obliges to use the APPHIVE tools in accordance with the applicable laws, the morals, good customs, public order and the content of this Legal Notice.

By way of example, but not limited to, the User undertakes and agrees not to use the Services to:

- introduce, publish, email or otherwise transmit any Content that goes against applicable laws, morals, good customs, harm, threaten, abuse, attack, defame, slander, violate the privacy of third parties, generate racial and / or ethnic and / or religious hatred or that in any other way is contrary to what is established in this User Agreement, in such case, having knowledge of such use, APPHIVE will suspend the Services to the User immediately after APPHIVE has obtained said knowledge, and the User will have five days to remedy said use or express to APPHIVE what is appropriate to their right;

- impersonate another person or entity, enter false, altered or distorted data causing error, confusion, misunderstanding or deception;

- falsify headers or otherwise manipulate identifiers to hide the origin of any content transmitted through the Services;

- introduce, publish, send emails or otherwise transmit any content that you do not have the right to transmit under any law or under any contractual or fiduciary relationship (such as privileged information, proprietary or confidential information known or disclosed as part of a relationship labor or under confidentiality agreements);

- introduce, publish, copy, profit from and / or send emails or in any other way transmit any content that infringes any copyright, patent, trademark, trade secrets, reproduction rights or any other industrial property right and / or intellectual of any third party and / or APPHIVE;

- introduce, publish, send emails or in any other way transmit any publicity, promotional material, junk mail, chain letters, scam pyramids, or any other form of policing, except in those areas of APPHIVE that are expressly designated for that purpose (as would be, in your case, the sectors of car advertisements);

- introduce, post, send e-mails or in any other way transmit any material that contains computer program viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer program or telecommunications hardware or equipment;

- interrupt the normal flow of dialogue, cause the rapid scrolling of the screen (scroll) at a speed at which other users of the Services are not able to type through the computer keyboard, or otherwise act in a way that adversely affects the ability of other users to interact in real time (real time exchanges);

- interfere with or disrupt the Services and / or servers or internal networks connected to the Services; Violate any applicable law in the national territory, be said municipal, provincial, local, state, federal or international law, including, but not limited to, regulations promulgated by any Stock Exchange in which stock transactions are specifically made and / or any other similar; as well as any regulation with the force of law, whether intentionally or unintentionally;

- in any way, harass another person;

- collect or store personal data about others; and,

- Enter the Personal Services of other people and access their personal information, email account, etc.

- any other activity that is contrary to good customs.

The User agrees that it is the sole responsibility of the Users to evaluate and run the risk associated with the use of any Content, including those related to the accuracy, completeness or usefulness of the Content; Therefore, the User manifestly and expressly acknowledges that the content accessible through APPHIVE cannot be trusted.



16. Links and use of other sites 

APPHIVE offers through its Portal links to other sites, outside APPHIVE, through links, banners, buttons or other devices that allow the User direct access to the aforementioned sites, in order to provide the User with access to them and their content. APPHIVE will not be responsible for the damages that derive from: the operation, availability, access or continuity of the sites to which it provides links.

The maintenance of the information, content and services of the sites to which it is linked, as well as the publication of content and provision of services in the aforementioned sites outside APPHIVE.


18. Complaints

If APPHIVE receives a complaint from any person against the User regarding their activities as part of the use of the Services, or any complaint of illegal brand use, illegal content or other irregularities that other users observe in Applications created in Apphive They can report them to [email protected] and APPHIVE will send the complaint to the main email address of their user account. The User must respond directly to the person making the claim within 10 days of receiving the complaint that APPHIVE sent them. If the User does not respond within 10 days from the date of receiving the mail from APPHIVE, the latter may disclose their name and contact information to the claimant so that the latter can take legal action against the User. The User states that the lack of response to the complaint submitted within the time limit of 10 days will be interpreted as his consent to the disclosure of his name and contact information by APPHIVE to the complainant.


19. Privacy

The personal information that you provide to APPHIVE through the Service is governed by APPHIVE's privacy policy, and Users may have access to it from any page of our portal. The User is responsible for maintaining the confidentiality of his username, password and other confidential information, he is responsible for all activities carried out in his user account and in case of unauthorized use of his account, he will have the obligation to give immediate notice by email to [email protected] or contact any of the numbers listed at https: // www.apphive.io by phone. APPHIVE is not responsible for any loss or damage to the User or third parties incurred as a result of any unauthorized access and / or use of the user's account.

20. Indemnification

The User agrees to indemnify and release APPHIVE, its subsidiaries, affiliates, officers, agents, associates or other partners and employees in peace and safety, free of damages, from any claim or demand, including attorney's fees, made by a third party due to the content, or arising from the content that the User publishes, presents, announces or transmits through any of the services offered by APPHIVE, their use of the service, their connection to the service, their violation of this Legal Notice or the specific Conditions of the services, or its violation of the rights of a third party.

APPHIVE points to the email address: [email protected] to receive notifications and communications.

Notifications or communications sent to an address other than the one indicated will not be considered effective for any purpose.

21. Limitation of liability

The User accepts that APPHIVE, in no case, will be responsible for any loss or consequential, indirect, special, punitive or other damages, or loss of business profits, commercial interruption, or other losses arising or caused or by the improper use of the service, even if APPHIVE has been notified of the possibility of such damages. In no case, APPHIVE will be responsible for the User.

22. External

Providers APPHIVE uses external providers and hosting partners to provide the Service. The platform is mounted on the Firebase server, therefore, the availability of the platform is moved to the terms of Firebase https://firebase.google.com/terms/service-level-agreement?hl=es-419

In the event of updates to the Operating System or Software versions, users will be notified by mail, and they must authorize and implement the update in their Application.

APPHIVE has established relationships with third parties that provide services or products (such as APIs and web services, developer tools and operating systems) that may be useful to use the Service, and they will be companies that have passed a certification process for the use of the platform. APPHIVE may establish additional similar relationships in the future. Said third-party products and services may be available through the APPHIVE website, or through links provided by APPHIVE, or directly from the third-party provider.

In no case the activities, charges or tasks that they carry out are the responsibility of APPHIVE, and in case of violating any of the rules, it is possible to report it through the contact email address of APPHIVE.

To use such third-party products or services or to increase the functionality of the Service, you may be required to provide certain personal information, including but not limited to passwords, certificates, and / or authorizations.

The connection to other platforms through API will be the responsibility of the users who use them. APPHIVE is not responsible for anything that has to do with third-party platforms.

23. Jurisdiction and applicable law

If the User and APPHIVE do not resolve any dispute and / or nonconformity derived from this legal notice through informal negotiations, any other effort to resolve the dispute will be carried out exclusively by binding arbitration regulated by the Federal Arbitration Law of the United States (United States Federal Arbitration Act, "FAA"). The User is waiving his right to litigate (or participate in litigation as a party or member of the class) in all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except where there is a limited right to judicial review under the supervision of the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's ruling.

24.Contact

To contact our Customer Service, please use any of the following options:

1.- Go to the FAQs section available on our Web Site.

2.- Send a message to the following e-mail address: [email protected]

APPHIVE reserves any rights not expressly stated in this document.


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Privacy Notice

APPHIVE, INC. (hereinafter APPHIVE) provides this Privacy Notice to inform you that we are responsible for the collected personal data and the privacy rights of people who use APPHIVE services, based on the principles of legality, consent, information, quality, purpose, loyalty, proportionality and responsibility.

This Privacy Notice applies to all APPHIVE websites that have links to it. It also applies to the products and services provided by APPHIVE through said websites, our mobile applications and the applications published by APPHIVE. This Privacy Notice does not apply to any of our websites, products or services with a separate privacy policy.

AVAILABLE MEANS OF COMMUNICATION

APPHIVE has appointed a person in charge of the protection of personal data, who has to comply with said protection and enforce it within the organization.

If you have any questions or concerns about our privacy practices regarding your personal information, you may contact our Data Protection Officer by sending an e-mail to [email protected] or by writing to: 651 N. Broad Street, Suite 206, Middletown, DE 19709, USA

WHY DO WE COLLECT YOUR INFORMATION

Your personal data will be used for the following purposes:

a) To contact you (for example, via e-mail) about the products you have downloaded and the services to which you have registered, changes to this Privacy Policy, changes to the Terms and Conditions of services or important notices;

b) To keep you informed about new products and services, upcoming events, offers, promotions and other information that we believe will be of interest to you;

c) To request that you participate in surveys or to request comments about our products and services;

d) To set up and maintain your account, and to do everything necessary to provide our services.

e) To monitor and prevent problems, and to improve our products and services;

f) To provide support and customer service.

g) To detect and prevent fraudulent transactions and other illegal activities, report spam and protect the rights and interests of APPHIVE, its third-party users and the public;

h) To update, expand and analyze our records, identify new customers and provide products and services that may be of interest to you;

i) To issue invoices.

WHAT PERSONAL DATA DO WE OBTAIN

APPHIVE, for the purposes indicated in this Privacy Notice, can collect your personal data in different ways: when you provide them to us directly, when you visit our website and when we obtain information through other sources allowed by law.

A. Information you provide.

i. Account registration: when an account is registered to access one or more of our services, we request information such as your name, contact number, e-mail address, company name and country to complete the account registration process. You will also be asked to choose an individual username and password to access the created account.

ii. Payment process: when you buy a service we ask for your name, contact information and credit card, debit card, pay pal information or other payment account information. When you send your card information, we store the name and address of the cardholder, the expiration date, the last four digits of the credit or debit card number, and the card's security code, usually the 3 digits found at the back of the card. We do not store the full credit card number. For a faster processing of future payments, if you have given us your approval, we may store your credit card information or other payment information in an encrypted format on the secure servers of our Service Providers.

iii. Conversations: We may record, analyze and use your conversations with APPHIVE, including e-mail, telephone and chat conversations with our sales and customer service professionals.

B. Information authomatically collected by APPHIVE.

i. Information on browsers, devices and servers: when you visit our websites, we collect information that browsers, mobile devices and servers make available, such as the Internet protocol address, browser type, language preference, time zone, URL, date and time of access, operating system, manufacturer of mobile devices and mobile network information. We include said information in our log files to understand more about the visitors of our websites.

ii. Information through our own cookies and tracking technologies: we use temporary and permanent cookies to identify the users of our services and improve the user experience. We incorporate unique identifiers in our downloadable products to track their use. We also use cookies, tags, scripts and other similar technologies to identify visitors, track browsing on the website, collect demographic information about visitors and users. We only use source cookies and do not use third-party cookies or other third-party tracking technologies on our websites.

iii. Information on application records: We collect information about the use of our products, services and mobile applications from application records and internal analysis tools. This information includes: name of the project, multimedia files (logos, images, videos), content, user data, database and information related to the user's activity on the platform, as well as the information generated to offer a good user experience.

iv. Information through forums or frequently asked questions: any information provided by the user in those areas can be read, compiled and used by other people who access them. In any case, we recommend that you do not publish any information (or use any publication system to publish the information) that you do not want to be made public on these platforms.

v. Information from location. When you add geolocation features to your app this information can be stored in our servers to allow to test the app functionality, and you are always free to delete, edit or change it.

TRANSFER

APPHIVE does not transfer data without your consent, it will only be transferred in the following cases:

i. APPHIVE and/or its affiliates and/or suppliers (hereinafter referred to as Suppliers) may provide services and technical support to our services and users, therefore, access to your data may be provided for the provision of said services so they can (i) identify, analyze and solve errors, (ii) manually verify the e-mails reported as spam, or (iii) manually verify the images. APPHIVE will ensure that access to the data is restricted to specific persons authorized by APPHIVE. Suppliers may have access to shared data for topics related only to technical assistance or to import data to our products or services. The Suppliers will be informed about the policies in this Privacy Notice and will commit to guarantee the privacy policies on the data to which they have access.

ii. Some of our products or services allow you to collaborate with other users or third parties. Starting a collaboration can allow other collaborators to see some or all of your profile information.

iii. APPHIVE may disclose personal information and data to a third party if there is a possibility that such disclosure is necessary to prevent fraud, investigate any suspicious illegal activity, enforce our agreements or policies, or protect the safety of our users.

iv. APPHIVE may disclose personal information and personal data when required by a competent judicial authority.

DATA STORAGE

APPHIVE will save your account data as long as you choose to use the APPHIVE Services. Once you cancel your user account, your data will eventually be removed from the active database on the next cleanup by APPHIVE, which is carried out every 6 months. The data deleted from the active database will be removed from the backup copies after 3 months.

LAW COMPLIANCE

Any competent authority may require APPHIVE, and the latter will be bound to abide by said instruction, to preserve or disclose your personal information and data in order to comply with any legal requirement, regulation, legal process or applicable governmental request, or even by issues of national security.

CHILDREN’S PERSONAL DATA

Our products and services are not intended for people under 18 years old. APPHIVE does not collect personal information from children under the age of 18 years. If APPHIVE perceives that a child under the age of 18 has provided us with personal information, we will take steps to eliminate that information. If you believe that a child under the age of 18 has provided us with personal information, write to [email protected] with the details and APPHIVE will take the necessary steps to eliminate the information we have about the child.

SECURITY

APPHIVE, for the management of personal data security, implements administrative, technical and physical security measures necessary to prevent unauthorized access, use, modification, disclosure or destruction of the collected information. If you have any questions regarding the security of your data, you can contact [email protected]

Each time the user provides data to APPHIVE such as passwords, credit card numbers, personal data, etc., APPHIVE will take reasonable measures to protect said information and establish a secure connection on our Website. APPHIVE employs standard technology known as Secure-Socket-Layer (SLL) to protect the transmission of payment information on the website. You can see it in the address bar in your browser window. When you access a Website protected by SSL, the first characters of the address will change from "http" to "https".

ACCESS OR RECTIFICATION OF YOUR PERSONAL DATA OR CANCELLATION OR OPPOSITION TO ITS USE

You have the right to access your personal data in our possession and know the details of their treatment, as well as to correct them if they are inaccurate, incorrect, incomplete or outdated; you also have the right to cancel them if you consider that they are not required for any of the purposes indicated in this Privacy Notice or if they are being used for non-consensual purposes or if you have terminated the contractual or service relationship or oppose the processing thereof for specific purposes:

Access right: the right to access (and obtain a copy of, if necessary) the categories of personal information we have about you, including the source of information, the purpose and period of processing, and the persons to whom the information refers.

Rectification right: right to update the information we have about you or to correct any inaccuracy. Depending on the purpose for which we use your information, you may give us instructions to add supplementary information about you in our database.

Cancellation right: You have the right to request that we delete your personal information under certain circumstances, such as when it is no longer necessary for the purpose for which it was originally collected.

Processing restriction right: the right to request that the use of your information be restricted under certain circumstances.

Opposition right: right to object to the use of your information under certain circumstances, such as the use of your personal information for direct marketing.

RESTRICTION ON THE USE OR DISCLOSURE OF YOUR DATA

You can stop receiving messages by e-mail or by other means by following the steps below:

- Send an e-mail to the Personal Data Protection Officer at the e-mail address: [email protected], informing of your desire to stop receiving messages by the means you request.

- The Personal Data Protection Officer will reply to the sender's e-mail address within a period not exceeding 15 (fifteen) business days.

- Immediately after receiving the response from the Personal Data Protection Officer, you will stop receiving messages by the means you requested.

EXERCISE YOUR RIGHTS

To exercise your rights of access, rectification, cancellation and opposition, you must submit a written request in the address located in 651 N. Broad Street, Suite 206,
Middletown, DE 19709, USA directly with our Personal Data Protection Officer or, through our e-mail address: [[email protected]] in a Word document, (.doc format). The request must contain the following requirements:

- Your name, address or communication means to reply to your request.

- Your official identification or documents that prove your identity, or where appropriate, the legal representation of the owner.

- The clear and precise description of the personal data regarding which you seek to exercise any of the rights.

- Any other element or document that facilitates the location of your personal data.

In case of requesting access to personal data, you must also indicate, in addition to the aforementioned requirements, a clear and precise description of the personal data to which you wish to have access.

If you request the rectification of personal data, you must also indicate the clear and precise explanation of the personal data that you wish to have rectified, as well as any document that justifies said rectification.

In case of requesting the cancellation of personal data, in addition to the aforementioned, you must specify the data that should be canceled and, if possible, the purpose for which your personal data are processed.

In case of an opposition request to the processing of your personal data, you must indicate in addition to the aforementioned, the reasons why you object to the handling.

MODIFICATIONS TO THE PRIVACY NOTICE

We reserve the right to make modifications or updates to this Privacy Notice at any time, to reflect new legislations, internal policies or new requirements for the provision or offering of our services.

These modifications will be available through the following means:

- On our website: www.apphive.io

- We will send them to the last e-mail address you provided.

TO WHOM CAN YOU SUBMIT YOUR COMPLAINTS REGARDING THE UNDUE PROCESSING OF YOUR PERSONAL DATA?

If you believe that your right to protection of personal data has been infringed by any conduct of our employees or by our actions or responses or presume that in the handling of your personal data there is a violation, you have the right to file a complaint with the corresponding supervisory authority, which will depend on the competent authority in each country.

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