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terms of service

General Terms of Service

These terms of service (the “Terms”) govern your access to and use of smartapp.com – an InQuest Technologies, Inc. (InQuest) property (“we” or “our”) websites and services (the “Service” or “Services”), so please carefully read them before using the Services.

smartapp.com

The smartapp.com website and services (the “Service” or “Services”) includes; but is not limited to the following:

  • smartapp.com website
  • smartapp.com SmartApps
  • smartapp.com File Central
  • smartapp.com SmartDrive
  • smartapp.com AppZones
  • smartapp.com Editors
  • smartapp.com Templates
  • smartapp.com “User Published Products” such as apps, editors, templates, etc.
  • smartapp.com Subscriptions
  • smartapp.com App Store
  • smartapp.com App Studio
  • smartapp.com AppNetwork
  • Gantter for smartapp.com Edition
  • Gantter for Google Drive Edition
  • Codemate for smartapp.com

By using the Services you agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with InQuest and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Privacy of Your Content

By using our Services you may provide us with information that you submit to smartapp.com. How we collect and use your information is explained in our Privacy Policy.

You are solely responsible for your conduct, your personal information, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

You acknowledge that InQuest has no obligation to monitor any information on smartapp.com. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using smartapp.com.

Sharing Content and Publishing Products

The Services provide features that allow you to share your content with others or to make it public. There are many things that users may do with that content (for example, a user may share your content with others). Please consider carefully what you choose to share or make public. InQuest has no responsibility for that activity.

The Services provide features that allow you to create and publish User Published Products to share with or sell to others or to make them public (For example, an application you publish may be part of a subscription service offered at smartapp.com). Prior to publishing User Published Products, you will have to agree to the Publisher and Distribution Agreement.

Your Responsibilities

Intellectual Property

Intellectual property rights of others may protect files and other content in the Services. Please do not copy, upload, download, or share files and content unless you have the right to do so. You, not InQuest, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not InQuest, are responsible for maintaining and protecting all of your content. InQuest will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

Communication

The Services provide features that allow you to communicate and create relationships with other users (for example, you may choose to find and engage an App Consultant to build a SmartApp for you). Please consider carefully what you choose to share and how you communicate with other users. If you choose to engage with other users in any form, including, but not limited to: back-and-forth commenting on the Service, engaging in an arrangement where another user builds a SmartApp for you, engaging in an arrangement where you build a SmartApp for another user, you are engaging at your own risk. InQuest will have no responsibility for any harm to you, your reputation, your computer system, loss or corruption of data, or other harm that results from your communication and engagement with other users – within or outside of the Service.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify InQuest of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to smartapp.com, it is your responsibility to use a secure encrypted connection to communicate with the Services.

 Software and Updates

Some use of our Service may require you to license software subscriptions, applications, editors, templates and other items – including User Published Products (“Software”). InQuest hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate any of these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software automatically when a new version is available.

We may choose to review User Published Products for compliance with our Publisher and Distribution Agreement, but you acknowledge that InQuest has no obligation to monitor any User Published Products on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of User Published Products, you may be able to access, download and use, from the Services.

InQuest Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions (“Feedback”) you post in our Services without any obligation to you. You agree: 1) your Feedback on the Service, becomes the property of InQuest; 2) InQuest will not owe you any compensation for your Feedback; 3) InQuest may use or redistribute your Feedback for any purpose, in any way, in any existing or later developed Services or Software; 4) InQuest does not have any obligation to review Feedback; and 5) InQuest does not have any obligation to keep any Feedback confidential.

Copyright

InQuest respects others’ intellectual property and asks that you do too. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission to make such content available.

In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.

 

Further, by making any content available in the manner aforementioned, you expressly agree that InQuest will have the right to block access to or remove such content made available by you, if InQuest receives complaints concerning any illegality or infringement of third party rights in such content.

Copyright, trademark, and other laws of both the United States and foreign countries protect the Software and other technology we use to provide the Services. These Terms do not grant you any rights to use smartapp.com or InQuest trademarks, logos, domain names, or other brand features.

Other Content

The Services may contain links to third-party applications, websites or resources. InQuest does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such third-party applications, websites or resources.

Termination

You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice.

smartapp.com is Available “AS-IS”

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. InQuest will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

 Indemnification

You agree to indemnify and hold harmless InQuest, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INQUEST SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF INQUEST HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: A) THE USE OR THE INABILITY TO USE SMARTAPP.COM; B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SMARTAPP.COM; C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SMARTAPP.COM; OR E) ANY OTHER MATTER RELATIONS TO SMARTAPP.COM SERVICES.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY RHODE ISLAND LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF PROVIDENCE COUNTY, RHODE ISLAND, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

These Terms constitute the entire and exclusive agreement between you and InQuest with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. InQuest’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but InQuest may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. InQuest and you are not legal partners or agents; instead, our relationship is that of independent entities.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to these Terms or the revised Terms, stop using the Services.

 

Last Modified: May 3, 2013

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