Most recently modified: May 20th, 2016
Welcome to AppSheet™, a platform service (the “AppSheet Services”) for anyone to easily create, distribute, and use mobile applications generated from AppSheet and 1Track™ applications (“Applications”).
By accessing and using AppSheet Services as a creator or user of the Applications, you agree to be bound by these Terms. Our lawyers tell us this next sentence should be all uppercase --- we hope you understand.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO SUBSCRIBE TO, ACCESS OR USE THE APPSHEET SERVICES IN ANY MANNER, AND YOU MUST STOP DOING SO IMMEDIATELY.
(If you are subscribing on behalf of a corporation or other legally recognized entity having the ability to enter into agreements,
you must subscribe in the name of your organization, and these Terms are legally binding between that organization as well as individual
Application users and Application creators acting for or on behalf of that organization.)
Keeping our subscribers and users happy with the AppSheet Services is vital to AppSheet! The AppSheet Services, however, are often updated in
rapid development phases. So things may occasionally go wrong. Please let us know and we will work to fix problems as fast as we are reasonably able.
If at any time you are dissatisfied with AppSheet Services and want to stop being a subscriber, creator or user (we hope not!),
please send an email to email@example.com and we will terminate your subscription and delete your account.
Maintenance; Suspension, Termination, Modification of Service
Because the AppSheet Services are evolving, we may change them or remove features at any time, without notice.
The AppSheet Services also may be temporarily unavailable from time to time for maintenance or other reasons.
We reserve the right to deny, restrict, suspend, or terminate your access to and use of all or any part of the AppSheet Services at any time,
for any reason with or without prior notice or explanation, and without any liability whatsoever to you or anyone else.
In particular, Applications that contain content that we believe is inappropriate may not be created, continued, enabled or supported with the AppSheet Services.
You must be 13 years or older to use the AppSheet Services.
You are solely responsible for any Applications that you create with the AppSheet Services and distribute to anyone including users.
AppSheet has no ability to control the Applications created with the AppSheet Services, but we reserve the right to modify or remove, at our discretion,
any Applications created by you.
AppSheet Applications are driven by data and content ("Creator Content").
You represent and warrant that you own or have acquired all of the necessary rights to use such Creator Content with the AppSheet Services
and doing so does not misappropriate, infringe or violate in any way any third party’s rights or violate any laws.
Your use of Creator Content or User Content (defined below) or both is solely and entirely at your own risk
and you agree is governed solely and exclusively by any agreement, terms or other understanding between you and those users.
You are solely responsible for any content that you upload, publish, display, use, or link to (hereinafter, “post”) using AppSheet Applications (“User Content”).
AppSheet has no ability to control User Content posted using Applications, but we reserve the right to modify or remove, at our discretion,
any User Content posted by you.
By posting User Content to any Application, you represent and warrant that you have obtained the necessary rights to post such User Content and
such posting does not misappropriate, infringe, or violate in any way any third party’s rights or violate any laws.
We are not responsible for the accuracy or reliability of Applications created with AppSheet Services, any and all Creator Content and User Content
that the Applications manage and provide, and the functionality that they expose.
AppSheet Partner Program Authorization
In order for you to be or remain authorized to access and use the AppSheet Services or Applications or both
for the benefit any unrelated third party who compensates you for the same (i.e., customers or clients), you must have registered or register
with AppSheet as an AppSheet Solution Partner (“Solution Partner”) and have entered into a current and active (not expired or terminated) Solution
Partner Agreement with AppSheet.
The preceding sentence does not apply if you are (1) a permanent employee who accesses and uses the AppSheet Services for the benefit of
his/her employer, although, in such case the “subscriber” to the AppSheet Services must be the actual organization or individual who employs you, or
(2) any company providing the AppSheet Services for the benefit of another company that it controls, is controlled by or is related to by common control of another company.
For purpose of clause (2) in the preceding sentence, the terms “control” and “controlled” mean the ability of one person or company directly or indirectly to manage the operations and activities of the other company or companies through ownership of at least a majority interest of the equity and related voting power of each controlled company or companies.
If you have not registered as an AppSheet Solution Partner and entered into a Solution Partner Agreement with AppSheet, you must do so immediately
in order to continue accessing and using the AppSheet Services and any Applications, and also to receive or continue to receive the valuable support and
benefits AppSheet offers to its AppSheet Solution Partners. Details for registering as an AppSheet Solution Partner are located on our website.
All content on AppSheet except User Content and Creator Content is the proprietary property of AppSheet and/or its suppliers or licensors.
Subject to these Terms and any other applicable agreement between you and AppSheet, you are granted a non-exclusive and limited right to access
and use AppSheet Services through the AppSheet website and all content AppSheet makes available to you therein in accordance with these Terms.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any other rights or license to AppSheet’s confidential
information, confidential materials, trade secrets or intellectual property rights, whether by estoppel, implication or otherwise.
AppSheet Services is protected to the maximum extent permitted by copyright laws and international treaties.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the AppSheet Services.
If you are a content owner and believe your content has been infringed by the AppSheet Services or Applications,
please contact us at firstname.lastname@example.org.
AppSheet, 1Track, and SolveBot are trademarks of SolveBot, Inc. All other trademarks are property of their respective companies.
All trademarks and registered trademarks are protected by US and international trademark laws.
Links to Other Websites; U.S. Only
This AppSheet website and the AppSheet Services may contain (or you may access through AppSheet) links to other websites controlled by third parties (“Third Party Content”). AppSheet is not responsible for any Third Party Content accessed through AppSheet or content provided by third parties. You should use your judgment in relying on Third Party Content.
AppSheet is designed for users located in the United States only and subscribers, users and creators assume all risks of using AppSheet Services and Applications from outside the United States.
Your use of AppSheet is subject to all applicable local, state, national and international laws and regulations.
AppSheet provides multiple payment plan options with the ability for creators and/or users to subscribe to these plans.
All paid plans must enter a valid payment method to which charges are automatically applied.
Free accounts are not required to provide payment method information.
Plans are billed in advance for the payment period (monthly or annual) and are non-refundable.
There will be no refunds or credits for partial periods of service, or refunds for period unused with an open account.
In order to treat everyone equally, no exceptions will be made.
All charges are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, or duties.
AppSheet reserves the right to modify payment plans at any time upon 30 days notice.
AppSheet, and all content, third-party content, products and services included in AppSheet are provided “as is,” with no warranties whatsoever.
AppSheet on its behalf and on behalf of its suppliers disclaims all warranties of any kind, whether express or implied,
including without limitation any warranty of merchantability or fitness for a particular purpose, title or non-infringement.
AppSheet does not represent or warrant that AppSheet Services will meet your requirements or that it will be uninterrupted, timely, secure, or error free.
Access to and use of AppSheet Services is at your sole risk. AppSheet and its Suppliers are not responsible for any damage that results from your use of
AppSheet Services or Applications.
Limitation of Liability
Under no circumstances shall AppSheet or its Suppliers be liable to you or anyone including without limitation subscribers,
users or creators of the AppSheet Services or Applications on account of
(i) your use or misuse of or reliance on AppSheet or content contained thereon or
(ii) your inability to use AppSheet, or the interruption, suspension, or termination of the sites related to AppSheet Services
(and including such damages incurred by third parties).
Disclaimer of certain damages:
You agree that AppSheet and its Suppliers, and each of their respective Officers, Directors, Stockholders, Members,
and Employees are not and will not be liable to you for incidental, special, indirect, punitive or consequential damages, even if they were
aware in advanced that such damages were possible.
Limitation of Liability:
Limitation of Liability: In no event shall AppSheet or its Suppliers, or their respective officers, directors, stockholders, members, and employees
be liable to you for any damages arising out of your use of AppSheet Services and Applications in an amount that exceeds exceed $100.
Such limitation of liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations
may not apply to you. In these jurisdictions, however, AppSheet’s liability will be limited to the greatest extent permitted by applicable law.
You agree to indemnify and hold AppSheet and its Suppliers, their subsidiaries and affiliates, and each of their directors, officers, stockholders,
members, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable attorney’s fees, arising out of your use of AppSheet Services.
Waiver and Severability of Terms
AppSheet's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. We both agree to submit to the exclusive jurisdiction of the state and federal courts of King County, Washington.
Statute of Limitations
We each agree that any cause of action arising out of or related to AppSheet must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about AppSheet Services (“Submissions”)
provided by you are voluntary and non-confidential. We may use Submissions for any for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.
AppSheet may broadcast notices or messages through AppSheet Services to inform you of changes to these Terms, the AppSheet Services, or other
matters of importance.
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so by updating
the date above. Your continued access and use of AppSheet Services constitutes your acceptance of any modified Terms.