OneAppStop Terms of Service
Effective as of July 1, 2021
Hey There! Thanks for checking out OneAppStop! Our mobile applications, websites and related products and services are top notch and we hope you enjoy them. Before using our Services, we ask that you give our Terms of Service and Privacy Policy a read.
If you decide to use our Services, you must agree to these Terms and our Privacy Policy. These terms contain a commitment from you to arbitrate any disputes and a waiver of your right to participate in any class action lawsuit against us. Prior to using our Services, before downloading, installing, or visiting our Services online, you should read these Terms and our Privacy Policy carefully.
Section 1. Acceptance of Terms.
By using, downloading, installing, or accessing any of our Services, regardless of the extent to which you use them or the capacity in which you use them, you agree to these Terms of Service (these “Terms”), our Privacy Policy and all terms and conditions set forth herein and therein. By using our Services, you represent and warrant to us that you have the authority, right and capacity to enter into these Terms, to perform any of your obligations set forth herein, and to abide by these Terms in their entirety. If you do not agree to these Terms, then regretfully, you are not allowed to use our Services (blame the lawyers). These Terms constitute a legally binding agreement between you and OneAppStop (“OneAppStop”, “Company”, “we”, ”us” or “our”) with respect to our websites and any of our mobile application products and services you may choose to download (our “Apps”), as well as our websites such as www.oneappstop.com (our “Sites”). Our Apps and Sites are referred to as our “Services” in these Terms.
Section 2. An Overview of Our Services.
As noted above, we offer Sites and Apps to users like you from time to time. Our Sites are generally either extensions of the functionality available through our Apps or information resources with respect to our Apps, while our Apps themselves are principally search and discovery mobile applications from which you can access content, discover new services and functions, perform Internet searches, and further enhance your digital experience. We may, in some cases, use extensions and browser settings to deploy certain of our search functionality comprising a part of our Services. In doing so, we may change or reset your start page, new tab page, browser homepage, and/or default search setting(s), to deliver the search functionality through our Services The specific changes made will depend on the specific search and discovery platform you decide to utilize. We may, in certain cases, provide you with the ability to opt-out or decline these settings at your discretion.
Section 3. Services License.
Some of our Services are downloadable software which you need to download onto your computer or mobile device in order to use. In these cases, provided you are abiding by these Terms, we grant you a limited, revocable, non-sublicensable, non-transferable, non-assignable, non-exclusive license to download a single copy, access, install and use such downloadable Services, solely for your individual personal use. You agree not to install any downloadable software constituting a portion of our Services on to any computer or mobile device not owned by you or for which you do not have the permission of the owner of such computer or mobile device.
Section 4. Service Use Restrictions.
In connection with your use of our Services, you agree as follows:
- You shall not use our Services except as allowed in these Terms.
- You shall not use our Services to disseminate, transmit, post, publish, upload, or distribute (collectively “Transfer”) defamatory, infringing, vulgar, sexually explicit, obscene, indecent, offensive, inappropriate, profane, or unlawful content or any hate speech (i.e., racist/discriminatory speech).
- You shall not impair the use of our Services by anyone else or interfere with the proper functioning of our Services.
- You shall not use our Services to Transfer any corrupted files, viruses, trojan horses, worms, spyware, time bombs, cancelbots, or any other similar software or programs.
- You shall not misrepresent who you are or information about you when you use our Services, including the information you provide to us in setting up an account with us.
- You shall not overburden our computer systems used to provide and service the Services in any way or attempt to override or circumvent any of the security features of our Services.
- You shall not use any scripts, spiders, robots, or other automated mechanisms to access our Services, unless we provide them to you.
- You shall not, by using our Services, seek to or actually violate any law, rule, or regulation.
- You shall not disassemble, reverse engineer, decompile, or access the source code of any portion of our Services.
- You shall not alter, remove, or obscure any proprietary notices, warranty notice and/or warranty disclaimers that appear within or on our Services.
- You shall not copy, rent, sell, distribute, assign, license, sublicense, lease or otherwise transfer any the Services we provide to you to any third party.
- You shall not parse or use only certain elements of our Services unless we enable you to do so.
- You shall not include our Services into any other service, application, or product.
- You shall not alter, adapt, translate, or create any derivative works from our Services.
- You shall not violate any applicable law, rule, regulation, terms of service, EULA, or other legally binding agreement, including applicable export laws, in connection with your use of our Services.
Your use of our Services in violation of any of the foregoing prohibitions shall constitute your breach of these Terms and is strictly prohibited.
Section 5. Service Updates.
We regularly seek to improve our Services, so we may change how our Services operate and add or remove features and functions from our Services from time to time. As such, you agree only to use the most recent versions of the Services that we have made publicly available. You agree that, if we update our Services to add, remove or change the features and functions of our Services (an “Update”) and you continue to use our Services, including these Updates, that you accept such Updates and that your use of such Updates will be governed by these Terms. You further agree that we shall have the right, but not the obligation, to automatically download such Updates on to your computer system or mobile device. Many of the downloadable portions of our Services that you may download have the ability to communicate with our computer systems and servers in order to, among other things, facilitate such automatic Updates. Finally, if there are any costs incurred by you in connection with use of our Services (for example, internet costs and charges from your mobile network provider), you agree that you shall be solely responsible for such costs.
Section 6. Supplemental Terms and Registration Requirements.
Registration is not required for many of our Services, but may be required to access certain of our Services or particular features thereof. When applicable, you will receive a registration prompt prior to your use of the applicable Service. You agree that all information you provide at the time of registration, to the extent required, is current, correct and complete. You further agree to provide us with a current, complete and truthful update to such information as soon as your next use of the applicable Services for which registration is required if there is a change to the information you previously provided. You understand and agree that we may use the registration information you provide in accordance with our Privacy Policy. In some circumstances, you may need a username and password in connection with your registration for certain of our Services. If so, you agree that you are solely responsible for any transactions or uses undertaken by means of such username and password and to keep such username and password protected and confidential. If you become aware of any unauthorized access to and or use of username and password, you agree to notify us immediately. In such a case, you understand and agree that we may terminate or suspend your registered account and/or transactions undertaken through such account.
Certain of our Services are subject to additional terms and you agree to be bound by those additional terms to the extent you access such Services, all of which shall form a part of this EULA with respect to those Services. If the supplemental terms applicable to a particular Services conflict with these Terms, the supplemental terms shall control in the event of any conflict. Finally, registration for Third Party Services (as defined below) are governed by the applicable terms of the Third Party Service and not these Terms.
Section 7. Paid Services.
While most of our Services are free to use, we may from time to time offer additional Services for which you have to pay to use (“Paid Services”). In those cases, you will be presented with and required to agree to supplemental terms before you are able to access these Paid Services. Likewise, certain Third Party Services require a fee to use, but those will also be governed by the Third Party Service Terms, and you agree to pay all charges and fees. As noted elsewhere in these Terms, we have no responsibility for or liability with respect to any transactions you may undertake with a Third Party Service, which transactions are conducted solely between you and the provider of that Third Party Service. All Paid Services are payable in United States Dollars, unless otherwise set forth in the supplemental terms. If you provide us with credit card information in connection with your use of Paid Services, you acknowledge and agree that we can charge such credit card in the amounts and at such times as are set forth in the supplemental terms. We utilize a third party credit card processing service provider for this purpose and do not directly collect or retain any of your credit card information. We do record and retain information related to transactions you conduct through our Paid Services, including recording your electronic consent to same. We may change, alter, amend, and/or cease charging a fee for Paid Services upon notice to you and if you do not agree to such changes, you may cease use of the Paid Services as your sole and exclusive recourse.
Section 8. Third Party Services.
Our Services may incorporate services, products, software, content, features, and functionality, obtained from third parties (the “Third Party Services”). We may license such Third Party Service, bundle it with our Services, integrate it into our Services, or just provide access to it through our Services. We make no representations, warranties or endorsements of any such Third Party Services and your use of them is subject to whatever legal terms the providers of such Third Party Services may require. Under no circumstances shall we be responsible or liable to anyone in connection with your use of such Third Party Services. Any use of Third Party Services is at your sole and exclusive risk. Transactions between you and a provider of Third Party Services are strictly between you and them. If you have any questions, issues, claims or complaints with respect to a Third Party Service, your only recourse is to contact the provider of such Third Party Service. Certain of our Services contain search functionality, much of which is a Third Party Service. In connection with your use of Third Party Services, you consent and agree to our provision of information about you and your use of our Services to providers of Third Party Services, including as contemplated by our Privacy Policy.
Section 9. Services Content.
All content, including without limitation, all images, written word, logos, marks, design treatments, advertising, data, links, articles, videos, music, sound, graphics, and any software, used within or comprising a part of the Services (collectively, the “Services Content”) is owned by the party providing such Services Content. The owner of Services Content assumes sole responsibility for it. Without permission from the owner of Services Content, you are prohibited from using such Services Content for any reason other than as intended within such Services. You assume all risks in accessing the Services Content and acknowledge and agree that you may find certain Services Content to be indecent, offensive or otherwise objectionable to you. We reserve the right to change, eliminate and/or add Services Content at any time. We make no representations or warranties with respect to Services Content, including the accuracy or completeness of such Services Content. Services Content originating from third parties, including Third Party Services is not an endorsement of such Services Content by us. Any questions, claims or complaints you may have for or against a third party provider of Services Content must be directed to such third party. Finally, to the extent our Services allow you to transmit, upload, post or otherwise make available content through them, you assume full responsibility for such content and represent and warrant that you have all necessary rights with respect to such content.
Section 10. Intellectual Property Rights.
You agree that you shall not copy, modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of our Services , including all of our Apps and Sites and any code, Services Content, software, and/or documentation comprising a portion of and/or related to same, as well as our names, logos, marks, and any of our Intellectual Property Rights to any of the foregoing, whether in whole or in part. “Intellectual Property Rights” means, collectively, all worldwide copyright, trademark, trade secret rights, and all rights related to issued and pending patents, and all copyright, trademark and patent registrations and applications for registrations (including patent reissues, divisions, continuations, continuations-in-part, renewals and extensions), including, without limitation, moral or similar rights. You agree that you shall not remove, alter, delete or use for any other purpose any trademark, copyright, or other proprietary rights notice we have placed on the Services without our express prior written consent. All rights not expressly granted hereunder are expressly reserved to us and our licensors.
All of the Services, including Services Content, Apps and Sites, all software, and all documentation and materials related to any of them are owned by us exclusively and we retain all Intellectual Property Rights therein, except as specifically set forth in these Terms. Nothing in these Terms shall be deemed to transfer to you any ownership in or to any of the foregoing.
As between us and you, you own all right, title, and interest in and to any content you provide to us or make available through the Services (“Your Content”). By providing any of Your Content to us, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content as we deem necessary or appropriate to provide you with and improve our Services. If any third party should make any claim against us based on our use of Your Content in accordance with these Terms, you agree that you will be solely liable for and shall indemnify us against any and all damages arising out of such claims. We reserve the right to remove any of Your Content from our Services at any time and for any reason.
Our Services may contain Open Source Software. Such Open Source Software may be subject to the follow Open Source Software Licenses:
| · https://github.com/clockbyte/admobadapter |
| · https://android.googlesource.com/platform/packages/apps/Launcher3/ |
| · https://developer.android.com/topic/libraries/support-library/index.html |
| · https://github.com/h6ah4i/android-advancedrecyclerview |
| · https://github.com/bosphere/Android-FadingEdgeLayout |
| · https://github.com/ybq/Android-SpinKit |
| · https://github.com/ed-george/AndroidVimeoExtractor |
| · https://github.com/PierfrancescoSoffritti/android-youtube-player |
| · https://github.com/SalomonBrys/ANR-WatchDog |
| · https://github.com/AppsFlyerSDK |
| · https://github.com/Gaelan-Bolger/ArcSeekBar |
| · https://github.com/wasabeef/Blurry |
| · https://github.com/chrisjenx/Calligraphy |
| · https://github.com/luongvo/Carbon-FrameLayout |
| · https://github.com/jaredrummler/ColorPicker |
| · https://github.com/rtugeek/ColorSeekBar |
| · https://github.com/duckduckgo/Android |
| · https://github.com/webianks/EasyFeedback |
| · https://github.com/wajahatkarim3/EasyFlipView |
| · https://github.com/greenrobot/EventBus |
| · https://github.com/kevinzetterstrom/forecast-android |
| · https://github.com/bumptech/glide |
| · https://github.com/google/gson |
| · https://github.com/JodaOrg/joda-time |
| · https://github.com/jhy/jsoup |
| · https://github.com/k9mail/k-9 |
| · https://github.com/JetBrains/kotlin |
| · https://github.com/LawnchairLauncher/Lawnchair |
| · https://github.com/PSDev/LicensesDialog |
| · https://github.com/airbnb/lottie |
| · https://github.com/stepstone-tech/android-material-app-rating |
| · https://github.com/heinrichreimer/material-intro |
| · https://github.com/Templarian/MaterialDesign-SVG |
| · https://github.com/iammert/MaterialIntroView |
| · https://github.com/MrBIMC/MaterialSeekBarPreference |
| · https://github.com/square/okhttp |
| · https://bitbucket.org/aksinghnet/owm-japis |
| · https://github.com/wasabeef/recyclerview-animators |
| · https://github.com/lsjwzh/RecyclerViewPager |
| · https://github.com/square/retrofit |
| · https://github.com/marcohc/roboto-calendar-view |
| · https://github.com/rometools/rome |
| · https://github.com/vinc3m1/RoundedImageView |
| · https://github.com/ReactiveX/RxJava |
| · https://github.com/mirrajabi/search-dialog |
| · https://github.com/torryharris/Skycons |
| · https://github.com/spotify |
| · https://github.com/Yalantis/StarWars.Android |
| · https://github.com/facebook/stetho |
| · https://github.com/ShamylZakariya/StickyHeaders |
| · https://github.com/evrencoskun/TableView |
| · https://github.com/amulyakhare/TextDrawable |
| · https://github.com/ThreeTen/threetenbp |
| · https://github.com/JakeWharton/timber |
| · https://github.com/andkulikov/Transitions-Everywhere |
| · https://github.com/InflationX/ViewPump |
| · https://github.com/vimeo/vimeo-networking-java |
| · https://github.com/google/volley |
| · https://www.flaticon.com |
Section 11. Copyright Considerations.
Respecting the rights of copyright holders is of extreme importance to us. When you use our Services, you are also expected to respect the rights of copyright holders, including with respect to any of Your Content.
You can submit a copyright infringement claim notice to us at [email protected] if you believe that any content appearing on our Services violates your copyrights, provided that you have a good faith belief that Your Content has been copied and made accessible through the Services in violation of your copyrights.
Any copyright infringement claims notice must include the following in accordance with applicable law:
- A description of the materials you claim are infringing upon the copyrights of another along with reasonable information for us to find it within our Services;
- 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;
- a demand that such allegedly infringing materials be removed or access disabled;
- a statement under penalty of perjury that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Reasonable contact information so we may contact and follow up with you, such as name, address, phone number and email address; and
- The signature (whether physical or electronic) of the person authorized to act on behalf of the owner of the copyright interest.
You are hereby advised that if the above notice requirements are not met, we may disregard the notice pursuant to 17 U.S.C. 512(c)(3). Pursuant 17 U.S.C. 512(f), you are additionally advised that you may be subject to civil penalties, including monetary damages, including costs and attorneys’ fees, incurred by the alleged infringer (including us or any Third Party Service provider, by any copyright owner or copyright owner’s authorized licensee, or by a service provider who is injured by your misrepresentation, if you knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification.
If we receive a complaint from a third party and determine that Your Content should be removed in response to a complaint received in accordance with the above process, we may notify you of such determination by us and provide you with information necessary for you to contact the complaining party and contest such determination. You can write to us at [email protected] if you wish to contest such a decision. Pursuant to 17 U.S.C. 512(g)(3), your notice of contest must include:
- A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled within our Services; and
- A statement under penalty of perjury, that you that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your consent to adjudicate your claim in the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are located outside of the United States, for any judicial district in which the applicable complaining party may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person;
- Reasonable contact information to follow up with you, such as name, address, phone number and email address; and
- Your signature or the person authorized to act on behalf of your behalf (whether physical or electronic).
Section 12. Your Privacy Rights.
For information about our privacy practices and data protection undertaking, our privacy policy is available at https://oneappstop.com/legal#privacy-policy. Our Privacy Policy discusses how we collect, store, retain, use, and share your information, as well as provides you with information regarding your rights to access, change and/or delete your information in some cases in accordance with applicable law. By using our Services you are explicitly consenting to our collection, storage, retention, use and sharing of your information in accordance with our Privacy Policy.
Section 13. Warranty Disclaimers and Limitations on our Liability to You.
THE ENTIRE RISK ARISING OUT OF YOU USE OF OUR SERVICES AND SERVICES CONTENT IS YOUR RISK. OUR SERVICES AND SERVICES CONTENT ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. YOU EXPRESSLY AGREE THAT YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS THE SERVICES CONTENT. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR LOSS, DAMAGE, FAILURE OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND SERVICES CONTENT. WE MAKE NO WARRANTY THAT (i) THE SERVICES AND SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND SERVICES CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND SERVICES CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES AND SERVICES CONTENT WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WITH RESPECT TO THE SERVICES AND SERVICES CONTENT WILL BE CORRECTED. THE SERVICES AND SERVICES CONTENT ARE PROVIDED TO YOU WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING WARRANTY DISCLAIMERS AND ACKNOWLEDGEMENTS BY YOU APPLY EQUALLY TO ALL Third Party Services, FOR WHICH WE EXPRESSLY DISCLAIM ALL WARRANTIES.
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL WE OR ANYONE ACTING THROUGH, FOR OR ON BEHALF OF US, SUCH AS ANY OF OUR AFFILIATES, PARTNERS, OR OPERATORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES AND SERVICES CONTENT. YOU AGREE THAT OUR LIABILITY TO YOU ARISING OUT OF ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO $50 OR TO THE GREATEST EXTENT PERMITTED BY LAW, WHICHEVER IS MORE IN ALL CIRCUMSTANCES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 13 COMPRISES A FUNDAMENTAL ALLOCATION OF RISKS AMONGST YOU AND US AND THAT WITHOUT THIS SECTION 13, WE WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOUR OR MADE THE SERVICES AVAILABLE TO YOU.
Section 14. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS, INCLUDING OUR PARENTS, AFFILATES, SUBSIDIARIES, AND ALL DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS OF ANY OF THE FOREGOING FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SERVICES AND SERVICES CONTENT, YOUR VIOLATION OF THESE TERMS; AND YOUR VIOLATION OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE MAY ASSUME AND CONTROL THE DEFENSE OF ANY CLAIM FOR INDEMNITY ARISING HEREUNDER AND YOU AGREE TO PAY FOR OUR COSTS INCURRED IN CONNECTION WITH DOING SO AND TO FULLY COOPERATE WITH US IN THE DEFENSE OF ANY SUCH CLAIMS.
Section 15. Age Restrictions.
Children under the age of 13 (or 16 if a resident of the EEA), are prohibited from using or installing our Services. If you are over 13 (or 16 for EEA residents), but under 18, you may only use and install our Services with the consent of your parent or legal guardian to be bound and to bind you to these Terms. If you are the parent or guardian of an individual under the age of 18, but 13 or older (or 16 or older for EEA residents) and do not agree to these Terms, you and the individual for whom you are parent or legal guardian, are prohibited from using our Services. If you believe an individual is using or has downloaded our Services in violation of the foregoing, please contact us immediately.
Section 16. Terminating Our Agreement.
You may terminate our agreement, as set forth in these Terms, by ceasing use of our Services, removing our Services from your computer system or mobile device, if applicable, and, if applicable, closing your account with us at any time in your sole discretion by ceasing to use such Services. The foregoing termination rights represent your sole and exclusive remedy with respect to termination of these Terms. We reserve the right at any time and for any reason in our sole and exclusive discretion to terminate, modify, suspend, or otherwise restrict access to our Services without liability to you. You agree to the foregoing and hereby waive any claims you may have against us should we choose to exercise the foregoing rights. If you should take any action against us in connection with our exercise of the foregoing rights, you also agree to indemnify from damages related to same. Our rights to Your Content and other rights under these Terms which by their nature are intended to survive shall survive the termination of these Terms by either you or us.
Section 17. Governing Law and Arbitration.
THIS SECTION MAY MATERIALLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING AGAINST US TO THE EXTENT ARISING HEREUNDER – YOU ARE ENCOURAGED TO READ IT CAREFULLY.
Your use of the Services, these Terms, and any disputes arising directly or indirectly hereunder, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions.
Any controversy or claim arising out of or relating to these Terms and/or the Services shall be resolved by binding arbitration. The arbitration shall be conducted in Manhattan, New York, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any arbitration undertaken pursuant to these Terms shall be undertaken in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. By selecting arbitration, you are giving up your right to have your claims against us heard and decided by a jury trial and to participate in a class action or other class proceeding against us.
You must file a claim or cause of action arising out of these Terms and/or your use of the Services within one (1) year of such claim or cause of action arising or be forever barred.
Notwithstanding the foregoing, either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Manhattan, New York, USA, necessary to protect the rights or the property of you or the Company (or its agents, suppliers, and subcontractors), pending the completion of arbitration. In the event that the arbitration provisions of this Section are held by a court of competent jurisdiction not to be enforceable, you agree that any litigation against us (except for small-claims court actions) may only be commenced in the federal or state courts located in Manhattan, New York, USA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Section 18. Communications to You.
You hereby consent to our use of all means of communication available to us to contact you. Our Services include, in some cases, the ability to communicate to you, such as via email, text message, and push notifications. These communications may include messages from us, as well as communications from Third Party Merchants, providers of Third Party Services and other of our third party partners. You may opt out of receiving communications by emailing us at [email protected] or by clicking the “unsubscribe” link to the extent available in a communication you receive from us. We do not control and shall have no responsibility for communications from third parties.
You may update your communication preferences by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
If we are required by state or federal law to notify you of certain events, you agree that the posting of such notice on the Services or delivering them to you through an electronic communication in accordance with these Terms shall be sufficient for all such purposes.
Section 19. Restrictions on Exports of the Services.
You represent and warrant to us that you are not located in, under the control of, or national or resident of any (i) any country with which the Federal Government currently has an embargo or (ii) any person currently on the list of Specially Designated Nationals of the U.S. Treasury Department or the U.S. Commerce Department’s Table of Deny Orders. Under no circumstances may the Services or any component thereof, including any code and/or software comprising a portion of the Services, be used, downloaded, exported and/or re-exported to any such country or on either of the foregoing lists.
Section 20. Limited Rights to Government Users.
Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the Federal Government shall have no greater rights than as are set forth in these Terms and shall have no rights to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. To the extent you desire to use and/or download any of our Services and you are acting in your capacity as a representative of the United States Government and/or any agency or instrumentality thereof (the “Federal Government”), your rights to the Services and Service Content is limited as “commercial Items” (See 48 C.F.R. §2.101) and specifically “Commercial Computer Software” and “Commercial Computer Software Documentation” (as defined and used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable). The Federal Government’s use, duplication, and/or disclosure of the Services are subject to restrictions, as specifically set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Section 21. Changes to these Terms.
We may modify these Terms at any time, in our sole discretion, by posting such modified Terms on the Services. If you continue to use our Services after the date such modified Terms are posted, you agree that you are unconditionally agreeing to be bound by such modified Terms.
Section 22. General Provisions.
We may assign this agreement with you at any time and to any person without limitation. These Terms constitute a personal agreement with you and you agree that you shall not and shall have to rights to assign any rights or obligations arising under the Terms for any reason. Our failure to enforce these Terms or any rights we have hereunder shall not constitute a waiver of that or any other right or provision. These Terms and all supplemental terms that are made a part of these Terms, constitute the entire agreement between you and us and govern your use of the Services and supersedes any prior agreements that you may have with us with respect to the subject matter hereof. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in full force and effect without alteration.
Should you have any questions about these Terms, our Services, or our practices pursuant to our Privacy Policy, please contact us as follows:
OneAppStop
Address: PO Box 10008, Willow House
Cricket Square
Grand Cayman KY1-1001
Cayman Islands
Email: [email protected]
