1. ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to AllinQuest (hereinafter “we” “us” “our” “the Company” or “AllinQuest”).
1.2 Your use of any of AllinQuest’s websites, services, application programming interfaces (hereinafter “APIs”) or software (collectively, the “AllinQuest Platform”) is subject to these terms of service (the “Terms of Service”) in effect at the time of your use. AllinQuest’s Terms of Service commences from the time you sign up for our free trial account and governs for the entire duration of your use of our services. AllinQuest reserves the right to update and change these Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Service will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and AllinQuest as of the date the changes take effect and (ii) AllinQuest has actual notice of the dispute as of the date the changes take effect.
1.4 Your use of the AllinQuest APIs is also subject to the AllinQuest API Terms of Service in effect at the time of your use, which are incorporated herein as though set forth in full.
1.5 Your use of the AllinQuest Platform may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific website, service, API, software, service level or version. In the event of any conflict between these Terms of Service and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these Terms of Service regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Service will control.
1.6 By signifying your acceptance of these Terms of Service including but not limited to making any use of the AllinQuest Platform, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative, whether or not you were explicitly or implicitly given permission, of a corporation or other legal entity to sign up for and/or use the AllinQuest Platform, then you represent and agree that you have the full legal authority to accept these Terms of Service on behalf of such corporation or legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
1.7 By signing up and/or creating an account with AllinQuest, you agree to receive occasional emails from us regarding your account and/or AllinQuest in general, including but not limited to new feature launches, marketing tips, questionnaires, etc.
2. YOUR ACCOUNT
2.1 The AllinQuest Platform is not intended for users under the age of majority. By signifying your acceptance of these Terms of Service or making any use of the AllinQuest Platform, you represent and warrant that you are of the age of majority in effect in the jurisdiction for download and/or use.
2.2 AllinQuest can refuse registration of, suspend, delete, or cancel, any account at its sole discretion and at any time, with or without notice to the user.
2.3 Your account will be accessed through a user ID and password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify AllinQuest of any unauthorized use of your Credentials. AllinQuest will not bear any fault, liability or responsibility regarding Credentials.
2.4 Using your account, you may access and participate in the AllinQuest Platform, including viewing, posting and responding to communications on and through the AllinQuest Platform.
3. CONTENT AND INTELLECTUAL PROPERTY
3.1 Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on or through the AllinQuest Platform belongs to you and you may use it in any way without restriction. But by using the AllinQuest Platform, you are granting AllinQuest and certain third parties permission to view and/or use your Content as described in these Terms of Service.
3.2 By using the AllinQuest Platform, you are granting AllinQuest a non-exclusive, worldwide, royalty-free, sub-licensable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the AllinQuest Platform and on and through services affiliated with AllinQuest, regardless of the form of media used or of whether such services now exist or are developed in the future. This grant of right is given to AllinQuest by you in perpetuity and is irrevocable after given by you. If you post Content on or through the AllinQuest Platform, you represent and warrant that you have full legal rights to ownership, use, distribute, upload, share, post said Content and to grant the above rights to AllinQuest.
3.3 AllinQuest may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of AllinQuest, its users and the public.
3.4 You understand that posting your Content on or through the AllinQuest Platform is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that AllinQuest and/or any past, present or future client of AllinQuest (each, a “Client”) may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that AllinQuest and its Clients are explicitly relying on such representations and agreement with regard to your Content:
3.4.1 The Content represents your own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service.
3.4.2 Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with AllinQuest or any of its Clients or obligate AllinQuest or any of its Clients to treat your Content (or any related materials) as secret or confidential.
3.4.3 AllinQuest and/or any of its Clients may give your Content such consideration as is warranted by their respective judgments. Review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Neither AllinQuest, nor any of its Clients, is obligated to give reasons for making use of or rejecting your Content or to reveal its activities that are related to your Content.
3.4.4 Neither AllinQuest nor any of its Clients has any obligation, either express or implied, to make any use of your Content. However, if AllinQuest and/or any of its Clients do make use of your Content, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Content.
3.4.5 Neither AllinQuest nor any of its Clients assumes any obligation with respect to any of your Content except as set forth in these Terms of Service, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to AllinQuest or any of its Clients’ user of your Content shall be as described in these Terms of Service and as existing under the patent laws of the appropriate jurisdiction.
3.4.6 If your Content is the subject of a pending or issued patent, copyright, or trademark matter you have disclosed or will disclose that fact in connection with posting your Content on or through the AllinQuest Platform. To the extent you hold a patent, copyright, or trademark right and/or ownership in the Content, no license under any patent, copyright, or trademark is herein granted. Any license to use patented, copyright, or trademark Content shall be in the form of a separate written contract, in which event your, AllinQuest’s and/or any of its Clients’ respective obligations shall be only those expressed in such separate written contract.
3.4.7 You hereby irrevocably release and forever discharge AllinQuest and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Content, with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Content.
3.5 Content posted by another person or company on or through the AllinQuest Platform belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the AllinQuest Platform as AllinQuest may make available.
3.6 AllinQuest owns the AllinQuest Platform as a whole, including all computer code, graphics, user interfaces, domain name, server account, AllinQuest website, developer accounts, audiovisual content, marketing materials, used to provide the AllinQuest Platform, and the combination of all the elements on the AllinQuest Platform. The AllinQuest Platform as a whole, including but not limited to the computer code of the AllinQuest Platform, the user interface and graphic elements are all copyrighted works of AllinQuest. Various other aspects of the AllinQuest Platform may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret of various countries.
3.7 AllinQuest owns all right, title and interest in and to the AllinQuest Platform. AllinQuest reserves all rights to the AllinQuest Platform that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the AllinQuest Platform and you do not have the right to index or aggregate any portion of the AllinQuest Platform (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the AllinQuest Platform or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the AllinQuest Platform.
4. CODE OF CONDUCT
4.1 AllinQuest shall immediately terminate without notification to the user Apps that violate these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of the AllinQuest Platform.
4.2 AllinQuest will use common sense and business sense regarding Content or behavior allowed on or through the AllinQuest Platform. Examples of unacceptable Content or behavior, which are grounds for immediate termination without notice from AllinQuest, include:
4.2.1 Abuse, harassment, threats, flaming or intimidation of any person or organization.
4.2.2 Engaging in or contributing to any illegal activity or activity that violates others’ rights.
4.2.3 Use of derogatory, discriminatory or excessively graphic language.
4.2.4 Providing information that is false, misleading or inaccurate.
4.2.5 Hacking or modifying the AllinQuest Platform or another Web site to falsely imply an association with AllinQuest.
4.2.6 Implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization.
4.2.7 Transmitting worms, viruses or harmful software.
4.2.8 Sending unwanted messages to other users (aka “spam”).
4.2.9 Disclosing personal or proprietary information of another person or organization.
4.2.10 Providing, showing, commenting, alluding to pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings”
4.2.11 Containing user generated content that is frequently pornographic (ex “Chat Roulette” apps)
4.2.12 Containing references or commentary about a religious, cultural or ethnic group that are defamatory, offensive, mean-spirited or likely to expose the targeted group to harm or violence. App may contain or quote religious text provided the quotes or translations are accurate and not misleading. Commentary should be educational or informative rather than inflammatory.
4.2.13 Solicit, promote, or encourage criminal or clearly reckless behavior
4.3 AllinQuest cannot and need not control all Content posted by third parties on or through the AllinQuest Platform, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the AllinQuest Platform you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that under no circumstances will AllinQuest be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. Urgent issues can be reported to firstname.lastname@example.org.
4.4 All Apps must comply with all legal requirements in any location where they are made available to end-users. It is the users’ obligation to understand and conform to all local laws and users agree to hold AllinQuest harmless, either directly or indirectly, for any and all claims which may be brought against AllinQuest for violation of any local laws where the end user downloads, uses, shows the App. If said damages involves damages, either compensatory punitive or special, the user agrees to bear all financial and/or legal responsibility whether in law or restitution.
5. INTERNATIONAL USE
5.1 The AllinQuest Platform is hosted in the United States. If you use the AllinQuest Platform from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including Personal Information) to the United States and agree that AllinQuest’s collection, use, storage and sharing of your information is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
6. COPYRIGHT INFRINGEMENT
6.1 Copyright Infringement Notices. If you believe that any material available on or through the AllinQuest Platform violates your copyright, you may send AllinQuest a copyright infringement notice and include substantially all of the following:
6.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.1.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
6.1.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AllinQuest to locate the material. AllinQuest requests that complete URLs for each instance of the allegedly infringing material be provided.
6.1.4 Information reasonably sufficient to permit AllinQuest to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
6.1.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6.1.6 A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
6.1.7 Your written copyright infringement notice must be sent to AllinQuest’s designated copyright agent via mail or email. Please be aware that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6.2 Copyright Abuse Policy. AllinQuest will terminate, in appropriate circumstances, account holders of AllinQuest’s system or network who are repeat copyright infringers in addition or reserving the right to pursue any and all legal claims for injunctions or damages.
7. CANCELLATION AND TERMINATION
7.1 AllinQuest, in its sole discretion and without notice to you, may terminate, suspend or delete your password and/or account and remove and discard any Content within the AllinQuest Platform for any reason, including and without limitation including but not limited to lack of use, or if AllinQuest believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at AllinQuest’s discretion, will be terminated as well.
7.2 AllinQuest, in its sole discretion and at any time, may discontinue providing the AllinQuest Platform, or any part thereof, with or without notice. Any termination of your access to the AllinQuest Platform under any provision of these Terms of Service may be effected without prior notice. AllinQuest may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the AllinQuest Platform. AllinQuest will not be liable to you or any third party for any termination of your access to the AllinQuest Platform.
7.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the AllinQuest Platform may be, but is not required to be, deleted by AllinQuest. AllinQuest will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
8. ADDITIONAL TERMS APPLICABLE TO CLIENTS of AllinQuest
8.1 If you are a Client of the AllinQuest Platform, the following terms shall apply to you.
8.2 Subscriptions to the AllinQuest Platform may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the AllinQuest Platform may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at AllinQuest’s discretion, with or without notice to you. AllinQuest may, but is not obligated to, notify each user upon any change.
8.3 In order to subscribe to the AllinQuest Platform, you may be required to provide AllinQuest with billing and account information (“Billing Information”) for a credit card, payment card or another payment system for which you are authorized to approve charges (each, a “Payment Source”) to allow AllinQuest to collect payment from you for your use of the AllinQuest Platform. You must provide AllinQuest with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
8.4 Unless other payment arrangements have been made in advance and confirmed by AllinQuest, you authorize AllinQuest to automatically and immediately bill your Payment Source when charges for your use of the paid version of the AllinQuest Platform are due, without any further action on your part or other prior notice on the part of AllinQuest. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
8.5 If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the AllinQuest Platform when due, your account may be downgraded, suspended or cancelled, at AllinQuest’s discretion. If your account is suspended, AllinQuest may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
8.6 Unless stated to the contrary, all charges for paid versions of the AllinQuest Platform are non-refundable, even if your use of the paid version of the AllinQuest Platform is cancelled before the end of your current billing period.
8.7 Unless stated to the contrary, all currency references in paid versions of the AllinQuest Platform are in U.S. Dollars or English Pounds.
8.8 In addition to any other remedies available to AllinQuest, you may be required to pay a late fee of one percent (1%) per month (or the maximum amount permitted by applicable law, whichever is less) for any late payments hereunder.
8.9 You are solely responsible for any and all taxes, levies, charges, bank charges, transfer fees, currency differences if applicable, and other payment transfer related fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by AllinQuest. All fees stated for use of the AllinQuest Platform are net of any applicable taxes.
8.10 AllinQuest grants to you, commencing on the effective date of your subscription to the AllinQuest Platform (the “Effective Date”) and continuing thereafter for the term of your subscription (unless terminated earlier pursuant to these Terms of Service), a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the then-current versions of the AllinQuest Platform to which you have subscribed for the purposes of creating, maintaining and administering a marketing and sales tool for your company property. The AllinQuest Platform is licensed hereby, not sold.
8.11 “Client Content” means any content owned, controlled or licensed by you. You hereby grant to AllinQuest a non-exclusive, transferable, worldwide, royalty-free, limited license to reproduce, create derivative works from, distribute, perform, display and otherwise use the Client Content for the sole purpose of providing the AllinQuest Platforms.
8.12 “User Content” means any content uploaded to AllinQuest Platforms by any user of the Services. To the extent of your rights in and to the User Content, you hereby grant to AllinQuest a non-exclusive, transferable, worldwide, royalty-free, perpetual license to reproduce, create derivative works from, distribute, perform, display, and otherwise use the User Content (i) for the sole purpose of providing the AllinQuest Platform, (ii) for use in and through AllinQuest’s APIs to the extent authorized by the user of the Services who made the User Content available to AllinQuest, (iii) for syndicating the User Content to third parties to the extent authorized by the user of the Services who made the User Content available to AllinQuest and (iv) to retain the User Content to the extent authorized by the user of the Services who made the User Content available to AllinQuest.
8.13 To comply with applicable laws and lawful governmental requests, to protect AllinQuest’s systems and customers, or to ensure the integrity and operation of AllinQuest’s business and systems, AllinQuest may access, store and/or disclose any information stored or transmitted on or through the Services which AllinQuest considers necessary or appropriate, including, without limitation, user information, IP address and traffic information, usage history, Client Content and User Content. AllinQuest also reserves the right to report any activity that it suspects violates any law, rule or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.
8.14 You may not assign your subscription to the AllinQuest Platform, and such any assignment by you will be null and void; provided, however, that you may assign your subscription to the AllinQuest Platform to its successor in interest.
ALLINQUEST HEREBY DISCLAIMS ANY LIABILITY FOR ANY VIOLATIONS OR NON-COMPLIANCE TO THE APP STORE MARKETING GUIDELINES SHOULD YOU WISH TO USE ANY APP STORE AND/OR APPLE MARKETING MATERIALS FOR ANY OF THE COMPANY’S MARKETING CHANNELS. IF THIS SITUATION WERE TO ARISE, NEITHER AllinQuest NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. YOU AGREE TO HOLD ALLINQUEST HARMLESS AND INDEMNIFY ALLINQUEST IN THIS CIRCUMSTANCE.
9. GENERAL TERMS
9.1 These Terms of Service will remain in full force and effect while you use the AllinQuest Platform. Those terms that can continue to operate after you stop using the AllinQuest Platform (including without limitation your Content license to AllinQuest and the General Terms in this Section), will survive after you stop using the AllinQuest Platform.
9.2 You agree to indemnify and hold AllinQuest, its parents, subsidiaries, partners, channels, affiliates, shareholders, directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the AllinQuest Platform, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the AllinQuest Platform, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
9.3 The AllinQuest Platform is provided “as is” with no representations or warranties of any kind, express, statutory or implied, as to the operation of the AllinQuest Platform, or the information, content, materials, or products included on the AllinQuest Platform. To the fullest extent permissible by applicable law, AllinQuest and its affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. further, AllinQuest and its affiliates do not warrant the accuracy or completeness of the information, text, graphics, links or other information contained in the AllinQuest Platform. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. AllinQuest does not warrant that the AllinQuest Platform will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the AllinQuest Platform is free of viruses or other potentially harmful components. No advice or information, whether oral or written, obtained from AllinQuest or the AllinQuest Platform shall create any warranty not expressly stated in these terms of service.
9.4 Neither AllinQuest nor its affiliates will be liable, under any theory of law, for any indirect, incidental, punitive, or consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notwithstanding anything to the contrary contained herein, AllinQuest’s maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, will at all times be limited to the greater of (i) the amount paid, if any, by you to AllinQuest for AllinQuest Platform in the 12 months prior to the action giving rise to liability or (ii) one hundred u.s. dollars ($100.00).
9.5 The scope of use for AllinQuest is for companies only; use of our service by non-company businesses is strictly prohibited. Use by non-companies will result in the app automatically being terminated, deleted and/or destroyed by AllinQuest and/or its affiliates. Additionally, use, sign-up, and/or distribution of the App by non-company businesses shall be subject to liability and/or legal claims by the Company, Apple, Google, and/or any third party whose interests concern this scope limitation.
9.6 AllinQuest shall not be held liable for cancellation or termination of its services in the event that Apple and/or Google forbids, disallows, prevents or otherwise makes its services unavailable for the delivery of our App services through iTunes or another Apple platform and/or by Google through the Play Store. If this occurs, AllinQuest shall terminate effective immediately all subscription charges to clients with or without notification to users; however, AllinQuest will not reimburse any previous payments made prior to this event including but not limited to deposit payments. In this situation, neither AllinQuest nor its affiliates will be liable, under any theory of law, for any indirect, incidental, punitive, or consequential damages, including, but not limited to loss of profits, business interruption, and/or loss of information or data.
9.7 AllinQuest reserves the right to use any App (including texts, photos, logos, etc) registered and/created by any person for any company, whether the user has a free or paid account, at any time for promotional and advertising purposes; this also includes the users’ commercial and proprietary content, text, logo, brand, signage, images, photographs, perspectives, and other materials. AllinQuest has sole discretion to use any Apps on its server for any advertising and promotional services at any time. By signing up for and using AllinQuest’s services, you are consenting to and providing permission to this usage.
9.8 These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between AllinQuest and you regarding the AllinQuest Platform. Any dispute arising from or related to these Terms of Service will be governed by the laws of Hong Kong without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by an arbitration board pursuant to the Hong Kong International Arbitration Centre’s rules applicable to commercial disputes. The arbitration will be held in Hong Kong and conducted in the English language.
9.9 WAIVER – AllinQuest’s failure to enforce your strict performance of any section of this Terms of Service will not constitute a waiver of AllinQuest’s right to subsequently enforce such a provision or any other section of this Terms of Service.
9.10 If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be fully enforceable.
9.11 TRADEMARK AND INTELLECTUAL PROPERTY OF APPLE PRODUCTS AND SERVICES. Apple, the Apple logo, iPad, iPhone, iPad mini and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. iTunes is for legal or rightholder-authorized copying only. Don’t steal music. Android is owned by Google.
9.12 INDEMNITY CLAUSE – You, including your affiliated parties, agree to indemnify and hold harmless AllinQuest, its subsidiaries, affiliates, partners, directors, officers, employees, agents, shareholders, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees (any or all of the foregoing hereinafter referred to as “Losses”), at law or in restitution, and for any and all areas of law including but not limited to intellectual property law, insofar as such Losses, or actions in respect thereof, arise out of or are based on any claim not attributable to AllinQuest.
10. WHITE-LABEL APPS POWERED BY AllinQuest
10.1 Company will not develop and deliver a new back-end for users; the back-end will be the current back-end of AllinQuest.
10.2 Under no circumstance will Company deliver unique codes, files, graphics, database, etc., which are considered proprietary materials to Company; Buyer is paying for a service and a limited license to use only.
10.3 Company cannot and will not guarantee that any white-label Apps will be accepted by either Apple Inc. or Google when submitting the Apps for approval. Under this circumstance, deposit payment will not be reimbursed to Buyer.
10.4 All features on the white-label app are the same as that of AllinQuest’s current version; New features and/or platform requests may be added to AllinQuest’s entire ecosystem but such addition or changes will be solely the decision and discretion of Company. Requests for new features and new platforms cannot be added for one or several white-label apps powered by AllinQuest.
10.5 Companies on Company’s white-label platforms will also be listed on AllinQuest’s database; Company reserves the right to maintain this listing with no exceptions unless a separate agreement is entered into by Company and the client.
10.6 Company will not begin any work on the App until deposit or full payment is received as per the signed Proposal by and between you and the Company; Company shall not submit Apps to the App Store or Play Store for approval until the full remaining payment is received. This may vary on a case-by-case basis and will be notified in writing by the Company.
10.7 Company must receive payment in full prior to submitting the single or group Apps to Apple and Google; if full payment is not received the white-label app will not be submitted for approval.
10.8 In the event of an advance payment transfer i.e. for 6 months or 12 months, the tolling will commence upon approval from Apple or Google, whichever is later.
10.9 Logo and name of the single or group App can never be revised or amended due to Apple Inc’s policy; request for change may result in the app being removed from the App Store permanently. The name must not exceed 12 characters per Apple Inc’s policy, or a suggested length as advised by Company depending on the particular name to be used. Your approval and confirmation to us in writing to select the logo and name will be considered final.
10.10 The graphics and rendering of the landing page for a Group App will be done by Company one time for approval; if after this initial approval requests for revision, changes, additions of new content or information may incur additional charges at Company’s discretion. Company will send written notification regarding any additional charges on a case-by-case basis.
10.11 All uploading of content, text, images, photos are to be done by the company staff; Company can provide this service but additional charges may occur. Charges are to be informed in writing by Company on a case-by-case basis.
10.12 White-Label Apps for single companies will not contain the landing page; white-label apps for company groups will contain a landing page listing all companies in simple listing format only.
10.13 Company will provide an instruction sheet to explain all information and files required by Google and Apple for white-label apps. You are responsible for providing all requested information to Company in order for Company to submit your App. Company is not responsible for delivering these requested items, except those explicitly listed or agreed to by Company.
10.14 If payment is completed by bank transfer, the currency labelled in the signed Proposal must be used and transfer must be made to Company’s official bank account as detailed in the signed Proposal.. Any and all bank fees, transfer charges, currency conversion fees, taxes, etc., are to be borne by the buyer with no exceptions; Company will not cover these fees. Payments falling short of the total amount stated on the Invoice and/or Proposal will be deemed an incomplete payment; payment will considered to be paid in full when such charges are covered by buyer. On a case-by-case basis this can be satisfied by a top-up on the subsequent payment outstanding to Company, as confirmed by Company to you in writing.
10.15 Turn around time for Company’s work on a white-label app is up to thirty (30) days; turn around time for Apple and/or Google’s approval of a white-label app is up to four (4) weeks. Company is in no way liable, responsible or at fault for the time taken by Apple or Google for app approval and you agree to hold Company harmless in law and restitution.
10.16 If you decide to cancel or terminate your white-label app during the contract period for any reason, Company will not reimburse any fees under any circumstance.
11. Responsive Websites
11.1 Responsive Websites powered by AllinQuest are the rightful property of AllinQuest. All sections above including but not limited to scope, privacy, ownership. intellectual property, indemnity all apply and take full effect.
11.2 Responsive Websites sold are as detailed on www.AllinQuest.com
11.3 You are solely responsible in following all instructions and steps provided by AllinQuest. Failure to do so will release AllinQuest of any and all liability and you agree to hold AllinQuest harmless in law and restitution.
11.4 Responsive Websites are provided as opt-in services and AllinQuest shall not cover these opt-in actions; requesting AllinQuest to do so may incur additional expenses and decided solely at the discretion of AllinQuest. Requests for custom features not offered on AllinQuest’s basic template will incur a custom development fee on a case-by-case basis.
11.5 Buyer is responsible and fully liable for any and all issues related to, connected with, resulting from domain registration and hosting of its website.
Any questions about these terms and conditions should be addressed to legal@AllinQuest.com.
13. UPDATED LAST
Last updated February 2016