Terms of Service

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IMPORTANT -- PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILIZING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the "Terms of Service") apply to your use of www.dataapples.com (the "Website") and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the "Services").

The Website is a site operated by Data Apples Corporation ("Data Apples"). Data Apples is registered in and has a registered office at 1717 Sun Bird Drive, Faribault, Minnesota, United States.

Data Apples reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. Please click here to see when these terms were most recently updated.

Contents

Other terms that may apply to you

Privacy Policy

Data Apples processes information in accordance with its Privacy Policy which is incorporated into these Terms of Services. By using Data Apples, you agree that Data Apples can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate. Data Apples' Website also uses cookies or similar technologies which Data Apples tell you more about in the Privacy Policy. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access all of the features that Data Apples offers.

For the purposes of the General Data Protection Regulation ("GDPR"), Data Apples shall use its reasonable endeavours to provide you with the operational tools to enable you to fulfil your requirements under the GDPR and address any requests made by your customers in respect of their individual rights. Data Apples makes no guarantee in this respect and it is your responsibility to inform Data Apples of any tools it may need to comply with its obligations under the GDPR.

EULA

You agree that the Data Apples Software (the "Software") is supplied by Data Apples, and is licensed, not sold, under the terms of its End User Licence Agreement ("EULA") and that the EULA will govern all use of the Software by you. You accept that you have no right to use the Software without agreeing to the terms of the EULA in full.

A Software licence offered to you via the Website may be a 'Leased Software Licence' or an 'Owned Software License'. The licence's type will affect your rights under it. A licence's type will be clearly labelled at the point of purchase.

License holders are not permitted to "borrow", "lend", "sell" or in any other way transfer licenses or use of the Software to any third parties except in the case of an 'Owned Software License Transfer' as detailed below. Any breach by you of this term of the Terms of Service shall cause all use by you of the Software to be revoked and terminated immediately and without Data Apples incurring any liability.

The EULA Agreement is included in the Data Apples download package. By installing, copying, or otherwise using Data Apples, you agree to be bound by the terms of the EULA.

Data Apples reserves the right to refuse service to any individual or organisation at its discretion. Data Apples reserves all rights in, and all ownership of the Software.

Accessing the Website

Data Apples does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. Data Apples may suspend, withdraw, discontinue or change all or any part of the Website for business and operational reasons. Data Apples will try to give you reasonable notice of any suspension or withdrawal. Data Apples will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Accounts and Passwords

If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of Data Apples' security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Data Apples reserve the right to disable any user identification code or password, whether chosen by you or allocated by Data Apples, at any time, if in Data Apples' reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.

If you know or suspect that anyone other than you knows your user identification code or password, you must notify Data Apples immediately at billing@dataapples.com

Service Provision and End User License Agreement

Renewals & Payments

Payments made in respect of the Software are accepted via Credit Card and other selected means at Data Apples' sole discretion. Software licences automatically renew at the conclusion of each month until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 5 days of the due date, Data Apples will suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question.

For all other Services, payments shall be due in advance of any work commencing. Data Apples reserves the right to invoice for Services in installments, with payment being split into multiple payments, including without limitation arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.

Should Data Apples receive a chargeback or dispute relating to a payment you have made, or should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms of Service or the EULA, the related licence and services will be suspended and you will be liable to repay the relevant amount plus any fees incurred. Data Apples also reserves the right to revoke any and all Services until such time as any disputed amounts plus any fees and charges incurred (including for the avoidance of doubt, any relevant payment processing fees) have been repaid.

Delivery

All licenses shall be issued instantly upon Data Apples receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor.

Data Apples' professional services typically take 1-2 business days to be completed, but this is not a guaranteed completion time, and at peak times such as new releases, they may take longer.

30 Day Money Back Guarantee

In the unlikely event that you are not completely satisfied with Data Apples' Software, Data Apples is, subject to the terms of this clause, happy to provide you with a full refund for the cost of your licence. To claim a refund under this money back guarantee you must submit a cancellation request from Data Apples' members area within 30 days of the original purchase date stating why the Software was not to your satisfaction.

The Money Back Guarantee applies to new clients only, and applies to license & addon related charges only. Services that have commenced or completed, or are provided by third parties are not eligible for refund. A new client is determined by both the registered client information and the domain that the Data Apples license is installed on, thus if there is a record of Data Apples having been used in the past by either the same company or person, or on the same domain, then you will not be eligible for refund under Data Apples' Money Back Guarantee.

If Data Apples offer products and services that are provided by third parties, those products and/or services will be subject to the policies of the third party provider regardless of whether those products and/or services appear to be provided by us.

Cancellations & Refunds Policy

Leased Software Licences may be cancelled at any time. No notice period is required, and cancellation shall be effective from the date the cancellation request is made or processed. Requests for cancellation should be submitted from Data Apples' members area.

Any monies paid for Leased Software Licence renewals prior to a cancellation request being submitted are non-refundable. The same applies to any Services; once a Service has been started, any fees paid in respect of that Service shall be non-refundable.

Data Apples reserves the right to cancel Services and access to the Service at any time. If a customer breaks the terms of the EULA or Terms of Service, a refund will not be available.

Outside the 30 Day Money Back Guarantee period, refunds are only issued for Software failure (where the Software materially fails to perform in accordance with its specification). Refunds are not issued for server failure/issues, lack of features, lack of technical sophistication or if your server does not meet the Software requirements. Refunds are determined on a case by case basis and only issued once Data Apples' technical staff determine that Data Apples has a fault causing it to be unable to operate in your environment. Installation charges are not refundable under any circumstances. Refunds are not available after one (1) month from the purchase date.

License Transfer Policy

Data Apples permits Owned Software Licenses to be re-sold or transferred once per license key (fees apply) pursuant to the terms of transfer set out in the EULA. Owned Software Licenses are not eligible for transfer until at least 3 months have passed from the date of purchase. Owned Software Licences obtained via a reseller are excluded from this policy and are not eligible for any re-sales or transfers. Leased Software Licences cannot be re-sold or transferred under any circumstances.

Before any sale or transfer, please contact us to verify eligibility of your license key. Upon request of the transfer, Data Apples will issue an invoice for the license transfer fee. Once paid, Data Apples will request from you the name, email address and details of the new owner for the license to be transferred to. All transfers are final and cannot be reversed.

Addons may be transferred between licenses within your own client account but not resold or transferred to other accounts.

Intellectual property rights

Data Apples is the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Data Apples' Website for your personal use and you may draw the attention of others within your organisation to content posted on Data Apples' Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Data Apples' status (and that of any identified contributors) as the authors of content on Data Apples' Website must always be acknowledged.

You must not use any part of the content on Data Apples' Website for commercial purposes without obtaining a licence to do so from us or Data Apples' licensors.

If you print off, copy or download any part of Data Apples' Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at Data Apples' option, return or destroy any copies of the materials you have made.

Trademarks

The Website and the Software contain references to many companies that the Software is integrated with for payments and other related services. Data Apples and the Data Apples logo are trademarks of Data Apples. Registered in the United States. All rights reserved. All other trademarks are the property of their respective owners.

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although Data Apples make reasonable efforts to update the information on the Website, Data Apples makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

Limitation of Data Apples' liability

Nothing in these terms of use excludes or limits Data Apples' liability for death or personal injury arising from Data Apples' negligence, or Data Apples' fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, Data Apples exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

Data Apples will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Data Apples assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. Data Apples will not be liable for any loss or damage that may arise from your use of them.

Viruses

Data Apples do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

Data Apples will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Data Apples will report any such breach to the relevant law enforcement authorities and Data Apples will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Linking to the Website

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage Data Apples' reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Data Apples' part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site.

Data Apples reserve the right to withdraw linking permission without notice.

General clauses

No failure or delay by Data Apples in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.

No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.

Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Notices & Contact Information

If you have questions or concerns about any of the terms in this agreement, or about how your information is handled, please direct your inquiry to Data Apples as set forth below.

Data Apples Corporation
1717 Sun Bird Drive
Faribault, MN 55021
United States
507-413-3528
E-Mail: billing@dataapples.com

Applicable law and jurisdiction

Please note that these Terms of Service, its subject matter and its formation, are governed by the laws of Minnesota, United States. You and Data Apples both agree to that the courts of Minnesota, United States will have exclusive jurisdiction.

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Last Updated: 5th October 2019

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