1. APP MARKET TERMS OF SALE
1. APP MARKET TERMS OF SALE
After agreement to Pavaso’ Terms and Conditions, you will be given an account (“Account”) from which to access the Services. The Account will provide a means of payment as detailed below from which it will be billed for use of the Services and any additional purchases. You are completely responsible for all actions taken through your Account, including purchases, online postings, and social interactions. The Account shall be accessed using a password and username that you will assign in order to utilize the Services.
The Pavaso website and App Market Services accept payment in the form of VISA, MasterCard, Discover, American Express or debit cards containing Star, Interlink or Plus, as well as ACH. In instances where a company is purchasing the use of an application, Pavaso may bill through an invoice. If a debit or credit card is being used for a transaction, Pavaso may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction.
You agree that you will pay for all products purchased through the Services, and that Pavaso may charge your Account for any products purchased and for any additional amounts (including any taxes and/or late fees, as applicable) in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PAVASO WITH A VALID CREDIT CARD OR DEBIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or debit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your information online in the myProfile app contained in www.Pavaso.com. Failure to do so may terminate or delay your services. All
new forms of payment must be verified with Pavaso and Services may be temporarily disrupted during this process. Pavaso is not responsible for billing disputes arising from purchases on the Web Store. All billing issues should be directed to the developer in question, the payment processor, or your credit card company as appropriate.
All app or Package purchases that are paid for as a one-time payment are final.
If you purchase a group of services (“Package”) you will not be able to cancel individual services within that Package. You must cancel the entire Package. If you choose to pay for a package at the discounted annual rate and you cancel the service, you will be refunded for the months you do not utilize the service, but you will be refunded at the monthly rate at the time of purchase.
If you cancel any service whether it is an individual app or a Package in the middle of a month you will be required to pay for the entire
month and your service will be cancelled at the end of the month in which you requested to cancel your service. The service will continue to be provided through the remainder of the month, up until the cancellation date.
Contact email@example.com to inquire about cancelling a service.
If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Pavaso. Prices for products offered through the Services may change at any time, and Pavaso does not provide price protection or refunds in the event of a price reduction or promotional offering.
Your use of Pavaso and the Services includes the ability to enter into agreements and/or make transactions electronically. In order to
access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
By using this App you understand that you will be using a digital signature to sign electronic documents. YOU AGREE THAT YOUR DIGITAL SIGNATURE IS LEGALLY BINDING AND YOU WILL COMPLY WITH ANY REQUIREMENTS SET FORTH IN THE DOCUMENTS YOU DIGITALLY SIGN.
Pavaso is not responsible for typographic errors.
THIS LEGAL AGREEMENT BETWEEN YOU AND Pavaso GOVERNS YOUR USE OF THE SERVICES.
SIGN UP AND ACCEPTANCE
By using with this website:
REQUIREMENTS FOR USE OF SERVICES
In order to use the Services you must be 13 years of age or older. If you are between 13 and 18 years of age, you must have your parent or legal guardian’s permission to use the Services. Some applications will have different age requirements, be sure to read all Terms and Conditions for each application.
CONTENT (Copyright Policy)
APP MARKET SERVICES
As a registered user of the Services, you may establish an Account. You agree to provide accurate and complete information when you register with, and as you use, the Services ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that Pavaso may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Pavaso of any security breach of your Account. Pavaso shall not be responsible for any losses arising out of the unauthorized use of your Account.
USE OF PRODUCTS AND THE SERVICES
The delivery of Products does not transfer to you any promotional use rights in the Products.
SUBMISSIONS TO THE SERVICES
The Services may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Services accessible and viewable by other users of the Services and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Services. You hereby grant Pavaso a worldwide, royalty-free, nonexclusive license to use such materials as part of the Services, and in relation to Products, without any compensation or obligation to you. Pavaso reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
Pavaso has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Services, to investigate any reported or apparent violation of this Agreement, and to take any action that Pavaso in its sole discretion deems appropriate, including, without limitation, termination hereunder or under Pavaso’s Copyright Policy (http://pavaso.com/terms-conditions.html#Copyright).
You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Services at your sole risk and Pavaso shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that Pavaso does not guarantee their accuracy.
When using this site to upload your own personal content you understand that any content deemed inappropriate, objectionable, or pornographic is strictly prohibited.
ADDITIONAL APP MARKET TERMS AND CONDITIONS
LICENSE OF APP MARKET PRODUCTS
The software products made available through the App Market are licensed, not sold, to you. There are two (2) categories of App Market Products, as follows: (i) those App Market Products that have been developed, and are licensed to you, by Pavaso (the “Pavaso Products”); and (ii) those App Market Products that have been developed, and are licensed to you, by a third-party developer (the “Third-Party Products”). The category of a particular App Market Product, either the Pavaso Product or Third-Party Product, is identified in Services on the application in the App Market.
Your license to each App Market Product is subject to the Agreement set forth below. You agree that the terms of the Agreement will apply to each Pavaso Product and to each Third-Party Product that you license through the App Market Service, unless the App Market Product is covered by a valid Agreement entered into between you and the third-party licensor of the App Market Product (the “Licensor”), in which case the Licensor’s Agreement will apply to that App Market Product. The Licensor reserves all rights in and to the App Market Product not expressly granted to you.
You acknowledge that the license you purchase to each Pavaso Product that you obtain through the Services is a binding agreement between you and Pavaso. You acknowledge that: you are purchasing the license to each Third-Party Product from the third-party licensor (the “Application Provider”) of that Third-Party Product; Pavaso is acting as agent for the Application Provider in providing each such Third-Party Product to you; and Pavaso is not a party to the license between you and the Application Provider with respect to that Third-Party Product. The Application Provider of each Third-Party Product is solely responsible for that Third-Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party Product.
Certain App Market Products may include functionality that enables you to purchase content on a subscription basis (“Paid Subscriptions”). Paid Subscriptions are similar to licenses for Third-Party Product from Application Providers in that each subscription is a separate agreement between you and the Third-Party Product Application Providers and that Pavaso is not acting as agent for the Application Provider in providing each such subscription to you; and Pavaso is not a party to the subscription agreement between you and the Application Provider with respect to such Paid Subscriptions. The Application Provider of each Paid Subscription is solely responsible for any guarantees or liabilities created therein. Any warranties or claims that you or any other party may have relating to Paid Subscriptions with Application Providers are solely between you and the Application Providers and Pavaso is not held liable.
APP MARKET PRODUCT MAINTENANCE AND SUPPORT
Pavaso will be responsible for providing any maintenance and support services with respect to the Pavaso Products only, as specified in the Agreement, as the case may be, or as required under applicable law. The Application Provider of any Third-Party Product will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Agreement or the Application Provider Agreement, as the case may be, or as required under applicable law.
CONSENT TO USE OF DATA
You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. Licensor may use the information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
You agree that Pavaso may use or distribute any data or images from your account in any format.
The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Services and destroy all copies, full or partial, of the Services.
INTERNET SERVICES; THIRD-PARTY MATERIALS
You understand that by using any of the Independent Websites, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Internet Services at your sole risk and that neither the Licensor nor Pavaso shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Independent Websites may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Independent Websites, you acknowledge and agree that neither the Licensor nor Pavaso is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor, Pavaso, and Pavaso’s officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Independent Website, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial Information displayed by Services or indirectly through any Paid Subscriptions and/or Third- Party Product, Third-Party Materials, Application Providers, Independent Websites and/or any information contained in In App Purchases are for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor nor Pavaso or any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services or Independent Websites.
You agree that the Services contain proprietary content, information and material that is owned by Licensor, Pavaso and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Pavaso. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Licensor nor Pavaso is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Pavaso Devices are not available in all languages or in all countries or regions. Licensor makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such Services. Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Any material you upload for use and display cannot be copyrighted material unless you have received explicit permission to use that material.
The Services are operated by Pavaso from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. All transactions on the Services are governed by Texas law, without giving effect to its conflict of law provisions. Your use of the Services may also be subject to other laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Pavaso or relating in any way to your use of the Services resides in the courts of the State of Texas. Risk of loss and title for all electronically delivered transactions pass to the purchaser upon electronic transmission to the recipient. No Pavaso employee or agent has the authority to vary this Agreement.
Pavaso may notify you with respect to the Services by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by posting on the Services. Notices shall become effective immediately.
Pavaso reserves the right to take steps Pavaso believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Pavaso has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Pavaso believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Pavaso's right to cooperate with any legal process relating to your use of the Services and/or Products, and/or a third-party claim that your use of the Services and/or Products is unlawful and/or infringes such third party's rights).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSOR ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PAVASO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PAVASO, SERVICES OR LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PAVASO AND/OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Last updated: 05/19/2017