Terms of Use

Last modified: November 15, 2021

Thank you for choosing Apptegy, Inc. (collectively, including our subsidiaries and other affiliates, “Apptegy,” “we,” “us,” or “our”). These Terms of Use (the “Terms”) explain the agreement you make with Apptegy when you access and use any of our websites, software, platforms, mobile applications, tools, resources, and other digital services, specifically including, but not limited to:

  • www.apptegy.com (the “Apptegy Site”);
  • www.thrillshare.com (the “Thrillshare Site”); and
  • www.edurooms.com (the “EduRooms Site”)

(collectively, including the Apptegy Site, the Thrillshare Site, the EduRooms Site, and all services relating to access and use of any of the foregoing by Users, the “Services”).

The Terms apply to you and all other users of the Services (“you” and “Users”). For the sake of clarity, references to “Users” and “you” in these Terms refer to all Users collectively, unless expressly set out otherwise below.

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SERVICES IN ANY WAY, INCLUDING ONLY VISITING OR BROWSING, YOU AGREE TO BE BOUND BY EVERYTHING IN THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SERVICES AND YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.

IMPORTANT NOTE ABOUT INTEGRATION WITH SEPARATE PURCHASE AGREEMENTS

If you have a separate written contract or agreement for the purchase of Services from Apptegy (collectively, in all forms, a “Purchase Agreement”), the terms and conditions of your Purchase Agreement and our mutual obligations under the Purchase Agreement will be separate from these Terms; however, you will also be subject to these Terms as follows:

  • the terms and conditions of the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement; and 
  • the terms and conditions of these Terms will control and govern with respect to all matters not expressly addressed in the Purchase Agreement.

Not every User will have a Purchase Agreement. For Users without a Purchase Agreement, these Terms will control and govern in all circumstances.

IMPORTANT NOTE ABOUT HOW THESE TERMS APPLY ACROSS OUR DIFFERENT SERVICES

These Terms apply to all parts of the Services, unless and only to the extent expressly set out in these Terms. Any exceptions will be clearly explained in these Terms. For example, if a specific term or condition does not apply, or applies differently, to Thrillshare as compared to EduRooms, then that difference will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and the general term or condition applies to all parts of the Services.

1. Summary of Services and Basic Terms

The Services are communication and education management tools. Except as expressly set out in these Terms, Apptegy only provides the software, the platforms, and the tools for Users to access and use in their respective discretion. Apptegy does not participate in and is not a party to the actual activities of Users of the Services. We have attempted to provide clear explanations of our policies with respect to our Services so you can make meaningful decisions about whether to use the Services. More information is available below.

As a general policy, you are exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services. Any exceptions to this policy will be clearly explained in these Terms. If you do not see a specific exception listed in these Terms, then it is not an exception, and you will be solely responsible. More information is available below.

We collect, store and use certain electronic information about Users when you use the Services in the ways we explain below and in our Privacy Policies. We have attempted to provide clear explanations of our information policies so you can make meaningful decisions about whether to use the Services.

Apptegy respects and values the privacy of your information, and so we work hard to protect it as best we can. That said, we, like any other technology company, cannot completely guarantee security and privacy. For more information about the privacy and security of your information, please continue to read below and in our Privacy Policies.

We may change all or any part of the Services from time to time without notice. We may stop providing all or any part of the Services, or restrict use of all or any part of the Services, without notice and for any reason.

We rely on third-party providers for certain parts of the Services. Because of this and for other reasons, the Services may be unavailable, interrupted, or terminated from time to time for many reasons (including routine maintenance). The parts of the Services that implement third-party products or services may also be subject to the terms, conditions, and policies of the applicable third-party providers. More information is available below.

By using the Services, you agree that Apptegy will not be responsible or liable to you or any third party for any consequence, loss, or damage arising (directly or indirectly) from or relating to any of the circumstances described in this section or the Terms generally, unless specifically described otherwise in these Terms.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

2.  Personal Information; Privacy; Security

By using the Services, you acknowledge and agree that Apptegy collects, stores, and uses certain electronic information about Users. To understand specifically what information we collect, and how we store and use that information, please refer to our Privacy Policies as follows:

By using the Services in any way, you understand and acknowledge that the terms of our Privacy Policies apply to you in all circumstances. Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

3. Eligibility and Your Obligations as a User

By using the Services, you represent that you are legally able to do so. For all individual Users under 18 years old, a parent or legal guardian must agree to these Terms on your behalf and consent to your use of the Services, and that parent or legal guardian will be exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services. Any attempt by an individual under the age of 18 to use all or any part of the Services without the agreement and consent of a parent or guardian will be automatically void. Please see Section 4 below for additional terms and conditions relating to access and use of the Services by Users under the age of 13.

Apptegy may, in its sole discretion and for any reason, (i) refuse to offer all or any part of the Services to any person or entity, or (ii) change the eligibility criteria for the Services at any time.

Parts of the Services require you to register for an account. You agree to provide truthful and complete information for your account. As a User you agree to access and use the Services solely in accordance with these Terms.

We treat personal information you provide in connection with your account in accordance with our Privacy Policies. If you are using the Services as or on behalf of someone other than yourself, you represent that you are authorized to act for and bind that other person. If you are using the Services on behalf of any entity, you represent that you are authorized to accept these Terms on the entity’s behalf and that the entity agrees to be responsible to us if you or the entity violates these Terms. You may close your account at any time by going to account settings and deactivating your account, or contacting us.

When you use the Services, Apptegy gives you a limited, personal, revocable, non-transferable, and non-exclusive license to use the Services subject to these Terms. This limited license is only so you may use and enjoy the benefit of the Services as provided by Apptegy as allowed under these Terms and solely for your personal or internal purposes. You may not use the Services for any Prohibited Use and Content (as defined below). This license is revocable at will and may be terminated by Apptegy without notice to you.

You are solely responsible and liable for all activity that occurs on and through the Services under your name or in connection with your account. THIS SPECIFICALLY INCLUDES ALL POSTS MADE ON AND COMMUNICATIONS PUBLISHED THROUGH THE SERVICES. You are solely responsible and liable for safeguarding the security and accuracy of your account, as well as ensuring that all use of the Services by you or in connection with your account does not violate these Terms. You will promptly notify us of any unauthorized access or use.

Apptegy is not responsible for or liable for the actions or omissions of any User on or via the Services, or any use or consequence thereof. Apptegy expressly disclaims all liability for the foregoing. YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK.

In some circumstances, one or more account administrators (for example: an educational institution that is your employer or that you attend as a student) may have assigned login credentials to you to access our Services, and additional or different terms may apply. In those cases, your administrator may be able to access or disable your account without our or your involvement.

Failure to comply with any of the terms and obligations set out in Section 3 will be a breach of these Terms and may result in termination of your account and liability for damages. You agree that Apptegy will not be liable, and you will indemnify, hold harmless, and reimburse Apptegy for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out in this section.

Without limiting the generality of the foregoing or any other remedy available, Apptegy reserves the exclusive right to determine whether your access or use of the Services fails to satisfy the requirements, terms, and conditions listed above. We may immediately terminate or suspend your account or use of the Services without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

4. COPPA Notice; Parental Consent

If you allow children under the age of thirteen (13) to use the Services under or in connection with your account, you consent as required under the Children’s Online Privacy Protection Act (“COPPA”) to Apptegy’s collection, use, and disclosure of personal information via the Services from those Users in accordance with these Terms. Without limiting the generality of the foregoing, Apptegy may collect information from the child as provided by an educational institution or organization, or as provided by the child via the Services (for example: chat or messaging tools in EduRooms, assignments and other class content in EduRooms). You should understand that except as required by separate privacy laws, some or all the information collected may not be private; it will be available to the educational institution or organization that has paid for or is otherwise providing your access to the Services. For example, information provided by the child via the chat or messaging tools in EduRooms is visible to the educational institution providing that child with access to EduRooms or if an adult user, such as a teacher, provides information in EduRooms, it will be visible to the educational institution providing Services access to that teacher.

Apptegy will collect, use, and disclose such information only as is set out in our Privacy Policies and in accordance with applicable law. Please see our Privacy Policies for additional information.

5. Acceptable Use, Information, and Content on the Services

You will use the Services only in accordance with these Terms and applicable law. You will have exclusive responsibility and liability for your account. Except as expressly set out in these Terms, Apptegy is not responsible or liable for any User information or content, any User posts, publications, or communications on or via the Services, or any consequence, loss, or damage (direct or indirect) caused by or related to the foregoing. You must actively monitor the access and use of the Services under or in association with your account. You will be solely responsible for all information, communications, posts, publications, and other material stored or uploaded by you and under or in association with your account.

When you use or provide information on or via the Services, or otherwise use the Services, you represent and warrant that your use:

  • Does not include personal or confidential information that you expect to be treated differently than as described in these Terms and our Privacy Policies;
  • Does not include any personal or confidential information of any other person or entity without express prior consent, or that is counterfeit or stolen;
  • Is not for any unlawful purpose or promote illegal activities;
  • Is not false, fraudulent, or deceptive;
  • Is not threatening, violent, abusive, harassing, defamatory, tortious, obscene, vulgar, pornographic, profane, contains or depicts nudity or sexual activity; discriminatory, or otherwise inappropriate;
  • Is not unsolicited advertising, junk mailing, or spamming; does not use the Services to send altered, deceptive, or false information; and does not interfere with or disrupt (or attempt to) any User, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or scripting the Services;
  • Does not contain software viruses, malware/phishing, or another computer mechanism designed to disrupt, damage, monitor, or interfere with the independent functioning of any equipment, software, or systems;
  • Does not attempt by any method to determine or reverse engineer source code or underlying algorithms of any part of the Services;
  • Does not access or tamper with non-public areas of the Services, including, but not limited to, our computer and network systems; breach or circumvent any security or authentication measures; scrape the Services without our prior written consent;
  • Does not sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms to any third-party, or otherwise commercially exploit or profit from the Services in any manner, except as expressly permitted by these Terms;
  • Does not infringe or violate the intellectual property or proprietary rights of Apptegy or any third party;
  • Does not solicit Users or guests to use other on- or off-line services that are competitive with Apptegy;
  • Is not contrary to Apptegy’s public image, goodwill, or reputation;
  • Does not falsely imply affiliation with or sponsorship by Apptegy without the prior written consent of Apptegy; or
  • Does not breach any of the terms or conditions of these Terms or our Privacy Policies (collectively, “Prohibited Use and Content”).

Apptegy reserves the exclusive right to determine whether your use of the Services falls within any of the Prohibited Use and Content categories listed above. We may immediately terminate or suspend your account or use of the Services without notice to you in the event that, in our judgment, you violate this section. Accounts created to replace suspended accounts will be permanently suspended. Accounts engaging in any of these behaviors may be investigated for abuse.

Failure to comply with any of the terms and obligations set out in this Section 5 will be a breach of these Terms. You agree that Apptegy will not be liable, and you will indemnify, hold harmless, and reimburse Apptegy for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with any of the terms and obligations set out in this section.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

6. Our Rights as Apptegy

Apptegy exclusively owns and holds all right, title, and interest in and to the Services and all intellectual property arising from or related to the Services. You acknowledge that you do not acquire any such rights by using the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use, copy, or imitate the name “Apptegy” “or any of the Apptegy trademarks, logos, domain names, distinctive brand features, or other intellectual property or content, in whole or in part, without our prior written permission.

You grant Apptegy a non-exclusive, limited, revocable license during the term to upload, use, copy, store, transmit and display User information to the extent necessary to provide the Services to you. We acknowledge that all right, title, and interest in and to User information will remain exclusively with User; provided however that Apptegy is permitted to aggregate and use generalized and anonymized User information without identifying User for any purpose in its sole discretion in accordance with our Privacy Policies.

We reserve the right to terminate, suspend, or refuse to provide all or any part of the Services, to suspend or terminate any User, and to reclaim usernames – all at any time and for any reason in our sole discretion, and without liability to you.

Feedback, ideas, and suggestions you provide (“Feedback”) about Apptegy or the Services is welcome and is entirely voluntary. You grant Apptegy a perpetual, irrevocable, worldwide license to use any of your Feedback for modifying the Services. This license includes all intellectual property rights in all Feedback, without compensation, without any obligation to report on use, and without any other restriction. We may use Feedback in any and every way, including granting sublicenses.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

7. Support Services

We will respond to all questions about or relating to the Services within a reasonable period of time during normal business hours. We will use commercially reasonable efforts to ensure that the Services are accessible 24 hours a day, 7 days a week and to minimize the amount of time the Site is unavailable. We are not responsible for Users’ internet connections and equipment. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

8. Confidential Information; Disclosure of User Information

Apptegy and you each agree to use non-public and/or proprietary information of the other party only as required in connection with the Services or as expressly required in these Terms. Breach of any such information obligation will cause irreparable harm for which monetary damages would be inadequate. If any such breach occurs or is threatened, the party from which the applicable information originated will be entitled to seek an injunction, a restraining order, or other equitable remedy. That party will not need to post a bond or other security or provide proof of actual damages.

Apptegy will seek to protect your information from disclosure in most instances as a general policy. However, we reserve the right to access, read, preserve, and disclose any User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests; (v) comply with any lawful requests for information from the local education agency or organization that has paid for or is otherwise providing for your access to the Services; and (v) protect the rights, property, or safety of Apptegy, our Users, and the public.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

Please see our Privacy Policies for additional information.

9. Termination

These Terms will continue to apply until your use of the Services is terminated by either you, the local education agency or organization that has paid for or is otherwise providing for your access to the Services, or Apptegy, which either party may do in its discretion at any time and for any reason. Without limiting the generality of the foregoing, examples of when Apptegy may suspend or terminate your account (or quit providing all or part of the Services) include, but are not limited to, our belief that: (i) you have violated these Terms or other published policies, (ii) you create risk of or possible legal exposure for Apptegy; or (iii) the Services are no longer commercially viable.

In all such cases, your license to use the Services will automatically be canceled, except that the following sections will continue to apply: 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12, as well as any other provision that would logically survive termination or expiration.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

10. Disclaimers and Limitations of Liability; Your Risks and Responsibilities

PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of Apptegy and its past, present, and future parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Apptegy Entities”). BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.

Notwithstanding anything to the contrary in this Section 10, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

A. Use is at Your Own Risk; The Services are Available “AS-IS”

Apptegy has no fiduciary or other special relationship with you. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.

To the maximum extent permitted under applicable law, except as expressly set out in these Terms, THE APPTEGY ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. APPTEGY DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE. THE SERVICES MAY ALSO BE SUBJECT TO INTERRUPTIONS AND DELAYS INHERENT IN THE USE OF THE INTERNET.

The Apptegy Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure, or error-free basis; and (v) any third-party claims, consequence, loss, or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the Apptegy Entities or through the Services, will create any warranty not expressly made in these Terms.

IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS AND MARKETABILITY OF ANY SERVICE, SOFTWARE, CONTENT, OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY, OR LINKED SITE.

B. Third-Party Links and Resources

The Services may contain links to third-party products, websites, and resources. Except as expressly set out on the Services, you acknowledge and agree that the Apptegy Entities are not responsible or liable for: (i) the availability or accuracy of such products, websites, or resources; (ii) the content, products, or services on or available from such websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from such products, websites, or resources. Inclusion of such products, websites, or resources do not imply endorsement by the Apptegy Entities of the websites, resources, or the content, products, or services available from the websites or resources. You acknowledge sole responsibility for and assume all risk of your use of any third-party product, website, or resource.

C. Third-Party Providers and Partners

Apptegy relies on third-party providers and partners for parts of the Services (for example: posting a message or communication on Facebook or Twitter account). Apptegy also may from time to time in its discretion engage third parties to perform Services. Except as expressly set out on the Services, you acknowledge and agree that the Apptegy Entities are not responsible or liable for: (i) the availability, functionality, or accuracy of the parts of the Services provided by third-party providers and partners; (ii) any interruption, delay, suspension, or termination of the Services as a result of third-party providers and partners; and (iii) any consequence, loss, or damage (direct or indirect) arising from or relating to third-party providers and partners. On written request by a User, Apptegy will provide (within a reasonable time) a list of the non-confidential third-party providers and partners that are used for the Services.

To the extent you are allowed to register for or log on to the Services by using existing third-party accounts or profile (for example: login via Google, Facebook, Twitter, etc.) and/or use certain third party tools accessible via the Services (for example: posting a message or communication on your Facebook or Twitter account), you acknowledge that you will also be subject to the third-party terms and conditions associated with those third-party services and tools if you choose to use those features. Those terms and conditions may be materially different than our policies, especially with regard to information privacy and security.

Without limiting the generality of the foregoing, USER ACKNOWLEDGES THAT APPTEGY IS NOT RESPONSIBLE FOR ANY CONSEQUENCE, LOSS, OR DAMAGE (DIRECT OR INDIRECT) ARISING FROM OR RELATING TO THE PARTS OF THE SERVICES MANAGED OR MADE AVAILABLE BY OR VIA THIRD-PARTY PROVIDERS AND PARTNERS.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPTEGY ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE AND DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY INFORMATION OR CONTENT VIEWED ON OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE APPTEGY ENTITIES EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00) OR THE AMOUNT PAID TO APPTEGY, IF ANY, FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING REMEDY WILL CONSTITUTE THE APPTEGY ENTITIES’ SOLE LIABILITY AND OBLIGATION WITH RESPECT TO ANY CLAIM BY YOU.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE APPTEGY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Indemnification

By using the Services, to the maximum extent permitted by applicable law, you agree to indemnify, hold harmless, and reimburse Apptegy and its past, present, and future officers, directors, employees, agents, representatives, partners, and all other affiliates harmless for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts and damages (including costs and attorneys’ fees) (collectively, “Claims”) that arise from or relate to (i) your breach of any part of these Terms or our Privacy Policies, including, but not limited to, any activity and content associated with your account (whether by you or a third party), (ii) any allegation that any materials you submit to us or through the Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (iii) your activities in connection with the Services or other websites to which the Services are linked; and/or (iv) your negligent or willful misconduct; unless a court of competent jurisdiction enters a final judgment that the Claim was the result of affirmative and intentional actions or omissions by Apptegy. You agree to promptly notify Apptegy of any third-party Claims arising from or relating to your use of the Services. Apptegy reserves the right to assume exclusive control of and direct the defense or settlement of any Claim otherwise subject to indemnification by you. You agree to assist and cooperate with Apptegy in the defense upon request.

Notwithstanding the foregoing, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

12. Miscellaneous

Notwithstanding anything to the contrary in this Section 12, for Users with a Purchase Agreement, the Purchase Agreement will control and govern with respect to all matters expressly addressed in your Purchase Agreement, and those terms and conditions may differ than those set out above in this section.

A. Waiver and Severability

The failure of Apptegy to enforce any right or term of these Terms will not be a waiver of the right or term. In the event that any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that a court should give effect to the parties’ intentions as reflected in the term.

B. Controlling Law and Jurisdiction

These Terms and any dispute related to the Terms will be governed by the laws of Delaware without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 12.C below, all claims, legal proceedings or litigation arising in connection with the Services will be brought exclusively in the federal or state courts located in Delaware, United States, and you consent to the exclusive jurisdiction and venue of those courts.

C. Dispute Resolution

You agree that you will notify Apptegy in writing of any dispute or problem related to the Services. Apptegy will have thirty (30) days from receipt of your written notice to address the dispute or problem before you may file any legal action. The notice should be addressed to Apptegy, Inc., c/o Notice of Dispute, 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202.

Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Pulaski County, Arkansas, by JAMS, Inc. (“JAMS”) or its successor, under the then applicable JAMS Comprehensive Arbitration Rules & Procedures. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above.

D. Consent to Electronic Communication

By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address associated with your account, and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures, and other communications that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from Apptegy will be deemed effective when sent to the email address associated with your account, or when posted publicly on the Services.

E. Entire Agreement; Relationship to Other Agreements; Assignment

These Terms and the Privacy Policies are the entire and exclusive agreement between Apptegy and you about the Services, and supersede and replace any prior agreement or understand between us.

Certain services offered on the Services may require you to enter into a separate agreement and/or be subject to additional terms specific to that service.

The agreement established by these Terms is made for the sole benefit of Apptegy and User, and their respective successors and permitted assigns. Except as expressly provided in these Terms, no other person or entity is intended to or will have the rights or benefits under these Terms, whether as third-party beneficiaries or otherwise. None of the Terms, nor any right, obligation, or remedy under the Terms is assignable, transferable, or sublicensable by you except with our prior written consent. Any attempted assignment, transfer, or sublicense without our prior written consent is null and void. Apptegy may assign, transfer, or delegate these Terms or any right or obligation or remedy under these Terms in its sole discretion

F. Changes to Terms; Supplemental Terms

We may revise these Terms from time to time without notice to you. The most current version will always be at the following link: https://www.apptegy.com/terms-and-conditions/. We may choose in our sole discretion to also notify you by email as a courtesy, but we are not required to. Any changes to the Terms will be effective on a going forward basis. By continuing to use the Services after revisions are effective, you will be bound by the revised Terms. If you do not agree with any updates to these Terms, you may not continue to use the Services. Be sure to return to this page periodically to ensure you are familiar with the most current version of these Terms.

G. Notices; Contact

General Notice. These Services are operated and provided by Apptegy, Inc., 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202. If you have any questions about the Services or these Terms, please contact us at legal@apptegy.com, or by writing to our mailing address.

Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: These Services are operated and provided by Apptegy, Inc., 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202. If you have any questions about the Services or these Terms, please contact us at legal@apptegy.com or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing-impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.

Please feel free to contact us with respect to any questions about the Services or these Terms at:

  • 1-888-501-0024
  • legal@apptegy.com
  • Apptegy, Inc., 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202

By registering for and/or using Services in any manner, including but not limited to visiting or browsing any of our websites or mobile applications, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies, and/or procedures that may be published by Apptegy from time to time on or through the Services, each of which is incorporated by reference and may be updated by Apptegy at any time without notice to you. These Terms apply to all users of the Services without exception.

Effective: November 15, 2021