Terms of Use

Appbrew makes available the Website, the Appbrew Platform, including tools, designs, templates, and layouts, to create and publish Merchant Apps through the Apple App Store or Google Play Store (“Appbrew Tools”), the Professional Services (if any), and the information, Content, and resources made available through all of the foregoing (collectively, the “Services”) in accordance with the terms of this Terms of Use and the applicable Order Form(s). The Services are collectively designed to help you build, design, and launch Merchant Apps for your Shopify store(s).

Subject to your compliance with the Terms of Use (including any additional restrictions set forth on any applicable Order Form), Appbrew grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the features and functionality of the Appbrew Properties for the purposes of creating and managing your Merchant Apps and (b) develop and manage your Merchant Apps.

You understand that Appbrew Properties are evolving. As a result, Appbrew may require you to accept updates to Appbrew Properties that you have installed on your computer or mobile device.

implementation or other professional services (“Professional Services”), as agreed upon by the parties under an Order Form. Appbrew will provide such Professional Services in accordance with the terms set forth herein and in the Order Form, subject to your payment of the applicable fees, as set forth on the Order Form.

In order to access certain features of Appbrew Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Appbrew Platform (“Account”), and has a valid Shopify or other compatible third-party e-commerce platform account through which you may connect to the Website or Appbrew Platform (each such account, a “Third-Party Account”).

In order to complete your implementation with Appbrew and the Appbrew Properties, you will need to connect your Third-Party Account by providing Appbrew with access to your developer account within such Third-Party Account. By completing this implementation step,  you are allowing Appbrew to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Appbrew access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Appbrew to pay any fees or making Appbrew subject to any usage limitations imposed by such third-party service providers. By granting Appbrew access to any Third-Party Accounts, you understand that Appbrew may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Appbrew Properties that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through Appbrew Properties and/or your Merchant Apps, via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content (as defined below) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Appbrew Properties and/or your Merchant Apps. Please note that if a Third-Party Account or associated service becomes unavailable or Appbrew’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content will no longer be available on and through Appbrew Properties (including through your Merchant App). PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND APPBREW DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Appbrew makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Appbrew is not responsible for any Third-Party Account Content.

You will be the designated owner of your Merchant Apps within the applicable App Store and you will be responsible for providing the necessary terms of use and privacy policy to your end users of the Merchant App(s) and fulfilling the applicable legal requirements (including with respect to auto-renewal subscription laws and the Digital Millennium Copyright Act) and other requirements of the applicable App Store in connection therewith, as well as all the activities occurring through such Merchant Apps. Except to the extent of the foregoing, and notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any Merchant App (other than with respect to Your Content), and you further acknowledge and agree that, except with respect to Your Content, all rights in and to and to the Merchant Apps are and shall forever be owned by and inure to the benefit of Appbrew. However, should you develop your own mobile application to work independently of the Appbrew Properties (“Independent App”), you shall retain all rights and ownership or other property interest, including but not limited to, any intellectual property interest, in and to such Independent App.

You must provide all equipment and software necessary to connect to Appbrew Properties, including but not limited to, a mobile device that is suitable to connect with and use Appbrew Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Appbrew Properties.

You acknowledge that all files, materials, data, text, templates, audio, video, images or other content, including Appbrew Properties (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Appbrew, are entirely responsible for all Content that you or your end user customers upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Appbrew Properties (“Your Content”), and that you and other users of Appbrew Properties (including your Merchant Apps), and not Appbrew, are similarly responsible for all Content they Make Available through Appbrew Properties, including your Merchant Apps (“User Content”).

You acknowledge that Appbrew has no obligation to pre-screen Content (including, but not limited to, User Content), although Appbrew reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Appbrew pre-screens, refuses or removes any Content, you acknowledge that Appbrew will do so for Appbrew’s benefit, not yours. Without limiting the foregoing, Appbrew shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable.

Unless expressly agreed to by Appbrew in writing elsewhere, Appbrew has no obligation to store any of Your Content that you Make Available on Appbrew Properties. Appbrew has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Appbrew Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Appbrew retains the right to create reasonable limits on Appbrew’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Appbrew in its sole discretion.

Except with respect to Your Content and User Content, you agree that Appbrew and its suppliers own all rights, title and interest in Appbrew Properties (including but not limited to, any Merchant Apps, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Merchant App, Appbrew Platform, and Appbrew software clients and server software), and all deliverables, work product, and other results and proceeds of Appbrew’s Professional Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Appbrew Properties.

The APPBREW name and logos, including

and other related graphics, logos, service marks and trade names used on or in connection with Appbrew Properties or in connection with the Services are the trademarks of Appbrew and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Appbrew Properties are the property of their respective owners.

Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Appbrew Properties.

Appbrew does not claim ownership of Your Content. However, when you post or publish Your Content on or in Appbrew Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

Subject to any applicable account settings that you select, you grant Appbrew a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating, providing, and only on a de-identified, aggregated basis, improving, Appbrew Properties. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Appbrew Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Appbrew, are responsible for all of Your Content that you Make Available on or in Appbrew Properties.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Appbrew through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Appbrew has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Appbrew a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Appbrew Properties.

As a condition of your use of the Appbrew Properties, you agree not to use Appbrew Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Appbrew Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Appbrew’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Appbrew; (vi) interferes with or attempt to interfere with the proper functioning of Appbrew Properties or uses Appbrew Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Appbrew Properties, including but not limited to violating or attempting to violate any security features of Appbrew Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Appbrew Properties, introducing viruses, worms, or similar harmful code into Appbrew Properties, or interfering or attempting to interfere with use of Appbrew Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Appbrew Properties.

Further, you will not, and will not permit any other party (including your customers) to: (a) allow any third party to access the Appbrew Properties, except as expressly allowed herein; (b) modify, adapt, alter or translate the Appbrew Properties; (c) sublicense, lease, sell, resell, rent, loan, distribute, transfer or otherwise allow the use of the Appbrew Properties for the benefit of any unauthorized third party, except as contemplated herein; (d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Appbrew Properties, except as permitted by law; (e) interfere in any manner with the operation of the Appbrew Properties or the hardware and network used to operate the Appbrew Properties; (f) modify, copy or make derivative works based on any part of the Appbrew Properties; (g) access or use the Appbrew Properties to build a similar or competitive product or service; (h) attempt to access the Appbrew Properties through any unapproved interface; or (i) otherwise use the Appbrew Properties in any manner that exceeds the scope of use permitted under the Terms of Use or in a manner inconsistent with applicable law or this Terms of Use.

Appbrew may, but is not obligated to, monitor or review Appbrew Properties and Content at any time. Without limiting the foregoing, Appbrew shall have the right, in its sole discretion, to (a) remove any of Your Content for any reason (or no reason), including if such Content violates the Terms of Use, the rights of any third party, or any applicable laws, rules, or regulations and/or (b) suspend and/or terminate your Account or any Merchant App.

You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services or your Merchant Apps, including your customers; provided, however, that Appbrew reserves the right, but has no obligation, to intercede in such disputes. You agree that Appbrew will not be responsible for any liability incurred as the result of such interactions.

Appbrew Properties may contain User Content provided by other users. Appbrew is not responsible for and does not control User Content. Appbrew has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.

Appbrew Properties may provide access to and/or contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Appbrew Platforms”) and advertisements for third parties ( “Third-Party Ads”). When you click on a link to or otherwise access a Third-Party Website, Third-Party Appbrew Platform or Third-Party Ad, we will not warn you that you have left Appbrew Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Appbrew Platforms and Third-Party Ads are not under the control of Appbrew. Appbrew is not responsible for any Third-Party Websites, Third-Party Appbrew Platforms or Third-Party Ads. Appbrew provides these Third-Party Websites, Third-Party Appbrew Platforms and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Appbrew Platforms or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Appbrew Platforms and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Appbrew Platforms, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

You acknowledge and agree that the availability of the Appbrew Platform, the Services, and any Merchant Apps, is dependent on the third party from whom you received the Appbrew Platform or Merchant App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms of Use are between you and Appbrew and not with the App Store. Appbrew, not the App Store, is solely responsible for Appbrew Properties, including the Appbrew Platform, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Appbrew Platform, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Appbrew Properties, including the Appbrew Platform or any Merchant App. You agree to comply with, and your license to use the Appbrew Platform and any Merchant Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Appbrew Properties, including the Appbrew Platform. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Appbrew’s software, and, furthermore, any use of Appbrew’s software by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Except as otherwise set forth on an Order Form, all invoices will be billed to your Third-Party Account and will be payable within thirty (30) days from issuance thereof.

You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription package (each, a “Service Commencement Date”). Except as set forth in the Terms of Use, all fees for the Services are non-refundable. No contract will exist between you and Appbrew for the Services until Appbrew executes an Order Form or accepts an order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

Fees for Professional Services will be set forth on the Order Form. Except as otherwise set forth on the Order Form, the fees you pay will be a flat rate based on an advance purchase of a specified number of Professional Services hours. In the event you desire Professional Services beyond such specified number of hours, you will be required to purchase an additional Professional Services package. All such fees will be billed and payable in advance, at the time of purchase. Each month, Appbrew will provide you with an email summary of the Professional Services performed in the prior month (if any), along with the corresponding hours consumed of the Professional Services package purchased. You will not be entitled to a refund of any unused hours.

Appbrew’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms of Use are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Appbrew, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Appbrew for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Appbrew is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Your subscription will continue indefinitely until terminated in accordance with the Terms of Use. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Appbrew’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least (a) thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Appbrew that your subscription will be automatically renewed, you will have thirty days from the date of the Appbrew notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact support@appbrew.tech, contact your Appbrew Account Managers. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, except as otherwise set forth on an Order Form, you authorize Appbrew to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Appbrew does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Appbrew may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

You must notify us in writing within thirty (30) days after receiving your credit card statement or invoice (as applicable), if you dispute any of our charges on that statement or invoice or such dispute will be deemed waived. Billing disputes should be notified to the following address: support@appbrew.tech.

You agree to indemnify and hold Appbrew, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Appbrew Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your violation of the Terms; (c) your violation of any rights of another party, including any of your customers; (d) your violation of any applicable laws, rules or regulations applicable to you and the provision of your Merchant Apps (including with respect to auto-renewal subscription laws and the Digital Millennium Copyright Act); and (e) your products or services made available through the Merchant Apps. Appbrew reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Appbrew in asserting any available defenses. This provision does not require you to indemnify any of the Appbrew Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Appbrew Properties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF APPBREW PROPERTIES IS AT YOUR SOLE RISK, AND APPBREW PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. APPBREW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR APPS.

11.1.1. APPBREW PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) APPBREW PROPERTIES OR ANY MERCHANT APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF APPBREW PROPERTIES OR MERCHANT APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF APPBREW PROPERTIES OR APPS WILL BE ACCURATE OR RELIABLE.

(1) APPBREW PROPERTIES OR ANY MERCHANT APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF APPBREW PROPERTIES OR MERCHANT APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF APPBREW PROPERTIES OR APPS WILL BE ACCURATE OR RELIABLE.

11.1.3. THE SERVICES AND MERCHANT APPS MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. APPBREW MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

11.1.4. From time to time, Appbrew may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Appbrew’s sole discretion. The provisions of this section apply with full force to such features or tools.

YOU ACKNOWLEDGE AND AGREE THAT APPBREW PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD APPBREW PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY THIRD-PARTY ACCOUNT PROVIDER OR ANY OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF APPBREW PROPERTIES OR ANY USERS OF YOUR MERCHANT APPS, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND THAT APPBREW DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF APPBREW PROPERTIES.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL APPBREW PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH APPBREW PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT APPBREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS (INCLUDING THE SERVICES AND THE APPS), OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF APPBREW PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE APPBREW PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH APPBREW PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON APPBREW PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO APPBREW PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A APPBREW PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A APPBREW PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A APPBREW PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

UNDER NO CIRCUMSTANCES WILL APPBREW PARTIES BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO APPBREW BY YOU FOR SERVICES DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A APPBREW PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A APPBREW PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A APPBREW PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

EXCEPT FOR APPBREW’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE APPBREW’S PRIVACY POLICY, APPBREW ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPBREW AND YOU.

If Appbrew becomes aware of any possible violations by you of the Terms of Use, Appbrew reserves the right to investigate such violations. If, as a result of the investigation, Appbrew believes that criminal activity has occurred, Appbrew reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Appbrew is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Appbrew Properties, including Your Content, in Appbrew’s possession in connection with your use of Appbrew Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Appbrew, its Users or the public, and all enforcement or other government officials, as Appbrew in its sole discretion believes to be necessary or appropriate.

The communications between you and Appbrew use electronic means, whether you visit Appbrew Properties or send Appbrew e-mails, or whether Appbrew posts notices on Appbrew Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Appbrew in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Appbrew provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Appbrew’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Appbrew shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

If you have any questions, complaints or claims with respect to Appbrew Properties, please contact us at: support@appbrew.tech. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Appbrew agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Delaware.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, USA, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Where Appbrew requires that you provide an e-mail address, you are responsible for providing Appbrew with your most current e-mail address. In the event that the last e-mail address you provided to Appbrew is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Appbrew’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Appbrew at the following address: 919 North Market Street, Suite 950 Wilmington, New Castle, DE 19801. Such notice shall be deemed given when received by Appbrew by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

You may not use, export, import, or transfer Appbrew Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Appbrew Properties, and any other applicable laws. In particular, but without limitation, Appbrew Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Appbrew Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Appbrew Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Appbrew are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Appbrew products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.