Thank you for using AppSally.com (“AppSally”). These Terms of Service (the “Agreement”) is a binding contract between you and AppSally and/or any of its subsidiaries or affiliates (the “Company”, “AppSally”, we”, “us” or “our”) and apply to your use of any website, services, and any information or content appearing therein of the Company as a marketplace that allows users to offer, sell and purchase online marketing services on its platform (“Website”).
By accessing AppSally or making any purchase from the Website, you agree to be bound by this Agreement in full. By accessing AppSally or purchasing any of the services from the Website, you indicate your acceptance of this Agreement and its terms and conditions. Additional terms and conditions may apply to additional areas of the Website or to particular negotiations or content posted on the Website, in conjunction with the actual Agreement. AppSally holds the right to make changes, updates, amendments to the Agreement at any time by posting the updated Agreement on our Website. Customers who use the AppSally agree to follow any change or modification and are bound to the modified Agreement.
Kindly check the Agreement from time to time to ensure you are aware of any amendments or updates. By continuing to use the Website after the changes come into effect, you agree to be bound by the revised Agreement. The terms “you” and “User” as used herein refer to all individuals and/or entities (both buyer and seller) accessing this Website for any reason.
AppSally is an online marketplace that acts as a platform to allow buyers (“Buyer”) to purchase online marketing services, which are provided by third party sellers (“Sellers”) and not AppSally. The Seller Services include, but are not limited to, search engine optimisation, paid traffic advertising, conversion rate optimisation and other general online marketing services (collectively, “Seller Services”).
AppSally only facilitates the Buyer’s purchase by connecting the Buyers and Sellers, collecting payment on behalf the Sellers, designing the listings, coordinating the Buyer’s orders, acting as an agent between the Buyer and Sellers for the purpose of communication, mediating disputes, assistance in selecting suitable Sellers and other facilitative services (collectively, the “AppSally Services”). AppSally is not involved in the transaction between a Buyer and Seller save that we facilitate a marketplace for Buyers and Sellers and process payments on behalf of Sellers. The actual contract for sale of Seller Services is directly between the Seller and the Buyer. The Buyers do not pay for AppSally Services and only for Sellers Services. AppSally charges a commission to the Sellers for the AppSally Services.
The Seller Services may be purchased online through AppSally. By purchasing any Services, you agree to pay the indicated purchase price and further agree that (a) you have the authority make such a purchase, (b) you have the authority to use or access the account linked to the purchase, and (c) you will not use the Seller Services for any fraudulent or illegal purpose whatsoever. You acknowledge and agree that all sales are final and that refunds will only be offered in accordance with the terms of this Agreement. Refunds, if any, provided by AppSally will only be granted in the sole discretion of the Company.
DISPLAY OF NAMES, LOGOS, AND REVIEWS
We own everything on the Website, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other AppSally content, except content owned by the User (Buyers and Sellers, outlined in User Generated Content), like the reviews on our website which are owned by the reviewers who wrote them and services and description of services which are owned by 3rd party service providers. Our ownership includes rights in the design, compilation, and look and feel of AppSally Services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us. This means you are not allowed to use our logos, graphics, and trademarks (“AppSally”) or any other content on our website like domain (“AppSally.com”) and screenshots of our website unless we specifically say you are authorised to use them.
LIMITATION OF LIABILITY
Under no circumstance shall the Company be responsible for any damages, liabilities, or losses, whether sounding in contract, tort, or otherwise, arising out of your use of the Website or the Seller Services. You understand and acknowledge that your use of the Seller Services is at your own risk.
AppSally will not be liable to any person in relation to the offer, sale or purchase or performance of any Seller Services. AppSally is not responsible for the enforcement of any contractual obligations between any Buyer or Seller. The Sellers are directly liable to the Buyer for the provision of the Seller Services. It is the Seller’s responsibility to ensure the sale is legal (including but not limited to ensuring no infringement of any third party terms) and accurately describe the Seller Services.
AppSally is not privy to and does not have control over Seller Services. AppSally does not guarantee or have the obligation to screen or verify and monitor the legality, quality, reliability, accuracy and completeness of truth of any endorsements, content or communication by the Sellers to the Buyers on the Website. Any such statements on the Website are opinions and not guarantees of the performance of the Seller Services. AppSally does not offer any representations, warranties, or guarantees verbally or in writing in regard to the Buyer’s earnings, business profits, marketing performance, audience growth or results of any kind nor are they responsible for any compliance for the Seller Services offered to the Buyer.
Notwithstanding that AppSally Services include assisting the Buyer in selecting a suitable Seller(s), the ultimate choice of selecting a Seller lies with the Buyer and the Buyer shall be solely responsible for his own selection.
By using AppSally, Users accept that they are solely responsible for any and all occurrences, which includes the use of the Seller Services, any subsequent consequences of such use, such as the infringement of any laws or terms of a third party, and the management of your business and sale process. If at any time, AppSally reasonably determines that the conduct of the User or the Seller Services might adversely affect the Company in connection therewith, AppSally shall be entitled to terminate or suspend the Seller Services or remove such User’s account and AppSally will not be held liable for any damages of any kind arising out of the termination or suspension.
Without limiting any of the other disclaimers of warranty set forth in the Agreement, AppSally makes no representations or any kind of warranty whatsoever (whether express or implied by law) as to the quality, timeliness, nature, legality, results or performance of any of the Seller Services purchased through the Website to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, currency, completeness, adequacy, reliability, suitability and accuracy. Any such undertaking, representation, warranty or guarantee would be furnished solely by the Seller, under the terms agreed to by the Seller.
In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false identities. You assume all risks associated with dealing with other Users with whom you come in contact through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases may be deceptive. We expect that you will use caution and common sense when using the Website. Because user authentication on the internet is difficult. We cannot and do not confirm that each user is who they claim to be. We do not and cannot be involved in user-to-user dealings or control of the Users on the Website. In the event that you have a dispute with one or more Users, you release AppSally, its affiliates and their respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless AppSally from any claim arising out of, relating to, or connected with your use of the Website or AppSally Services (including the sale of the Seller Services via the Website). Users must also indemnify, defend, and hold the Company harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement, any laws or terms of a third party. Sellers also agree to fully indemnify and hold the Company harmless against the non-delivery or performance of a Seller Service and any illegal or unethical services provided by the Sellers.
You agree to solely use the Website for lawful purposes, and not to compromise the security of the website, render it inaccessible to others or cause damage to the content, service or Website. As a User, you agree to refrain from any action that may add, subtract or modify the content of the site. You agree to refrain from accessing content without permission and will not use the Website in any way other than the way it is intended.
The Company reserves the right to suspend or cancel a User’s account or prevent further access to the Website immediately without notice at the Company’s sole discretion if we believes it may create liability for us or may cause AppSally to lose (in whole or in part) the services of its ISPs. The suspension or cancellation of a User’s account may occur in events, such as but not limited to, any breach of the terms of this Agreement, any infringement of relevant legislations, the UGC (as defined below) that the Company deems unethical or illegal, the Company receiving complaints of a breach of terms from a third party and any such similar occurrences.
The suspension or cancellation of your account and your right to use the Website shall not affect either party’s statutory rights or liabilities and will not make AppSally liable to the Users.
In this event, we will review and delete or remove such prohibited Seller Services or UGC and/or bar further access to such User’s account, related information and files and AppSally Services on the Website in accordance with the provisions of this Agreement once we are notified by the complainant or other agencies in other jurisdiction that the Users are providing such prohibited content on our Website or in aforesaid violations and we are able to identify such User or subscriber.
AppSally shall not be held liable to the Users for any damages of any kind (including direct, indirect, incidental, punitive and consequential) arising out of or in connection therewith the deletion, suspension, restriction or removal of the User’s account and/or Seller Services, as detailed above under Limitation of Liability and Indemnification.
The Company shall keep confidential any information you submit to the Company as it relates to the processing of any order for Services. Any other material or information sent to the Website will be considered non-confidential. You hereby grant the Company the royalty free irrevocable permission to use, display and distribute in whole or in part, the submission in any manner it sees fit. Your information used for marketing purposes will be stored for a maximum of 1 year, after-which it will be destroyed if you no longer use AppSally Services. Non marketing related information will be destroyed upon completion of your transactions.
CORRECTION OF INACCURACIES
AppSally reserves the right to correct any errors or inaccuracies in the content on the website, or to change and update the content at any time without giving prior notice. However, AppSally does not guarantee that errors, inaccuracies or omissions will be corrected immediately.
This Agreement with AppSally constitutes the entire agreement between all parties with respect to the subject matter hereof.
3RD PARTY SERVICES PROVIDERS
The Seller Services are provided by the Sellers and not the Company. All Sellers undertake that he/she has appropriate permits, rights and/or licenses to provide, sell or resell the service offered on the Website. Sellers advertising their online services must comply with the laws and terms of service of the relevant websites used for fulfilling their services. Failing to do so may result in the removal from the list of service providers.
The Website acts, among other things, as a venue for (i) Sellers to list Seller Services (ii) Buyer to purchase, search for and evaluate Seller Services while enabling the Company to communicate its needs and requirements between the Users, and is not allowed to directly contact the Sellers. The Company will coordinate with the relevant Sellers on behalf of the Buyers.
By using the Website, both the Buyer and Seller duly authorises the Company to perform AppSally Services as an intermediary and recognises that the Company is only acting as an intermediary for the Users. In such an event, the terms and conditions in respect of the Seller Services provided by the Seller directly to the Buyer remain between both parties and does not rest with the Company.
The Users accept, agree and understand that any descriptions, testimonials, endorsements or reviews provided by the Sellers or audience that are represented through the Website or the Seller (as the case may be) have not been significantly evaluated by AppSally and AppSally disclaims any liability arising from or in connection with the Seller Services. The Users are solely responsible for ensuring compliance with all applicable laws within their specific jurisdiction.
USER GENERATED CONTENT
User Generated Content (“UGC”) refers to the content added by Users as opposed to content created by AppSally. All content uploaded to AppSally by our Users (Buyers and Sellers) is UGC. AppSally does not check User’s uploaded/created content for appropriateness, violations of copyright, trademarks, accuracy, other rights or violations and the User uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. AppSally does not control the information provided by our Users that are made available through our Website. By uploading to, or creating content on, the Website, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in AppSally does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; (c) contain deceptive, false, or misleading claims; and/or (d) violate any of your or third party’s policies and/or terms of service.
As a result, we are not responsible for the UGC, the quality, safety or legality of the UGC advertised on the Website. While we reserve the right in its sole discretion to remove Seller Services, the UGC or other materials from the Website from time to time, we do not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled after investigation.
TERMINATION OF SERVICE
The terms of this Agreement will begin upon AppSally’s acceptance of the orders placed by the Buyer or the listing of the Seller Services (as the case may be), and will end when terminated by either the Seller or Buyer (as the case may be). If AppSally determines, in its sole discretion, that you are abusing the system, the Company can (without limiting any other rights or remedies available to it) withdraw your participation and withhold any payable amount to you (as the Seller) or forfeit any monies paid by you (as the Buyer) for incomplete orders. In case you want to cancel an order before start or terminate an order in progress, we offer to transfer the undelivered order value to other services we offer. All payment, fees and charges are non-refundable for whatever reason including but not limited to change of mind, invalid link and canceling before order starts. We may under special circumstances out of goodwill refund with a charge of 10% of the undelivered part of order value or $5 USD (whichever is higher) as refund processing fee. When a refund option is available, it is open up to 3 months from the date of order placed.
We prefer to solve disputes amicably. However, if you choose to resolve dispute by leaving to payment gateway (eg. Paypal) decision, you agree that you have breached the terms of this Agreement. Hence regardless of payment gateway decision, we will suspend all delivery of services (including the Seller Services and AppSally Services, where applicable). All warranty, replacement and refund requests will also be voided. In addition, we will submit all your order information (IP, email, screenshot, etc) to payment gateway & relevant parties to facilitate the dispute process. The termination of this Agreement is not an admissible acceptance of liability in this dispute.
We may also terminate your access to the Website, AppSally Services or Seller Services (as the case may be) in our sole discretion, immediately and without prior notice, and delete or deactivate your account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of this Agreement.
We cannot and do not make any guarantees about how long your marketing campaign will take to successfully complete. Any time frames mentioned on the AppSally website (and its subdomains), by Company’s employees, in any chats, emails, phone conversations, or any other correspondence is not a guarantee of how long it will take the marketing campaign to successfully finish. Any estimate provided by the Company regarding how long a marketing campaign may take to successfully finish is simply a guideline designed to help our Users plan ahead.
By signing up for AppSally Services, you agree that AppSally reserves the right to pause your campaign for any reason, without any prior notice and without liability to you. It is always our goal to ensure your needs are met as quickly and safely as possible; however, there may be certain circumstances for AppSally to delay or suspend all or a portion of AppSally Services or Seller Services (as the case may be), such as a page actively losing followers, an upgrade performed to a social network that may likely result pausing your campaign necessary or the Seller Services having been terminated for non-compliance with this Agreement.
In such cases, the campaign may be paused for a reasonable period of time. During this period of time, AppSally reserves the right and discretion to search for a replacement that provides similar Seller Services. Following which, any payments made are strictly non-refundable.
We shall also have the right to cancel AppSally Services or Seller Services (as the case may be), or suspend the payments if we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal or immoral activity. The suspension shall be for a period as we at our discretion determine necessary to investigate the matter and shall be lifted if we are satisfied that you are not involved in any fraudulent, illegal or criminal activity. In such an event, you shall not hold us liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payments. However, we may grant extension of time on the contractual term accounting for the suspended periods, assessed on a case-by-case basis.
We may also terminate your access to the Website in our sole discretion, immediately and without prior notice, and delete or deactivate your account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of this Agreement.
You may not change, modify and/or remove your account, username, photo and/or video while your AppSally marketing campaign is running. Doing so may make your account, photo and/or video inaccessible and cause an interruption of AppSally Services. You agree that any changes, modifications and/or removal of your account, username, photo and/or video without prior notice and approval from AppSally, will make your affected requests or order (as the case may be) subject to terminations and ineligible for any type of refund.
THIRD PARTY ACCOUNTS
The Company shall in no way be liable for any accounts, photos, videos, and/or tracks that are removed due to AppSally Services or Seller Services (as the case may be) being implemented or your interaction with AppSally. It is nearly impossible to determine why social media operators suspend or delete accounts or content. All purchases of Seller Services are made at your own risk. In no event will AppSally be liable to any party for the removal of its social media accounts (whether the Buyer’s or the Seller’s account). Due to this we cannot refund after Seller Services have been completed if this has occurred to an account/content.
For questions or problems relating to our Website, or this Agreement, you may contact us at [email protected]