Terms of Use(CN)

USER AGREEMENT

Welcome to Appier. By using this Website (the “Site”) or creating an account (“Account”) you agree to comply with and be bound by these terms and conditions hereof (the “Terms” or “User Agreement”). Please read this User Agreement carefully and make sure you fully understand it, since it is a legally binding agreement.

The following terminology applies to these terms of use, privacy statement and disclaimer notice, and any or all agreements: The terms “User”, “Users”, “you” or “your” refers to anyone who accesses and uses the Site, anyone who signs up on the Site, or any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency, network or any other third party that has access to your Account. The term “Developer” refers to a User whose main business is Apps development. The term “Provider” refers to a User whose main business is App related media. The term “Users” refers to the Developers and Providers collectively. The terms “Company”, “ourselves”, “we” and “us” refer to Appier. Any use of the above terminology in the singular, plural, and/or he/she or they, are taken as interchangeable and therefore as referring to the same entity.

This Site and its components are offered for informational purposes only; the Site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site, and shall not be responsible or liable for any errors or omissions.

Appier reserves the right to amend the User Agreement at any time by posting revised Terms and notice on the Site, and/or sending information to the email address you provide to Appier. You are responsible for regularly reviewing the Site to obtain timely notice and to be informed of the revised versions of such amendments. The revised User Agreement will become effective upon posting on the Site. If you continue using the Site or your Account and/or you keep your Account active after such amendments have been posted or information has been sent to you, you shall be deemed to have accepted all such amendments.

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. BY CLICKING THE “SUBMIT” BOX AND REGISTERING FOR AND/OR USING THISSITE’ S SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR CONTINUE TO USE THE SERVICES OR THIS SITE. YOU MUST NOT USE NOR CONTINUE USING THIS SITE OR SERVICES NOR CREATE AN ACCOUNT IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

    1. ABOUT OUR SERVICES

Appier offers web-based services that allow Users to list and seek, and/or buy and sell promotion opportunities, or any other services that provided by the Site (the “Service”). The Site acts as a marketplace to allow Users to connect, negotiate, and execute promotion opportunities, including but not limited to advertising, marketing campaigns, reviews and articles, or any other promotional activities, as created and orchestrated by the Users. Appier does not act as an agent, partner, distributor, reseller, escrow, nor represents the buying and/or selling parties. Appier provides a marketplace and acts as a technical enabler to facilitate transaction and communication between Developers and Providers.

    1. ABOUT YOUR ACCOUNT
      1. Eligibility

By creating an Account, you represent and warrant that you are 18 years of age or above and that you have the ability and legal right to agree and be bound to these Terms and you agree that you undertake full financial responsibility of your Account and of complying with any policies, procedures and obligations stated in these Terms or posted on the Site, including but not limited to cash outs, payments, refunds, payment methods and deposits.

      1. Account Activities

By creating an Account with Appier, you agree to grant an access to Appier to monitor any data related to your advertising, campaign and any other service and you further authorize Appier to use the above-mentioned data to generate data analytics. In addition, you acknowledge and agree that Appier is using public website information and information you provide to Appier for data mining purposes. Appier agrees that the data reports are only used to facilitate transactions, research, data mining, marketing and match making between Developers and Providers.

You understand and agree that your Account is not transferable. You understand and agree that you will not knowingly use the email address of another person or subject to the rights of another person or impersonate another party. Appier reserves the right to reject your use of any email address or Account name if, in its sole discretion, seems inappropriate or offensive or for any other reason.

You understand and agree that you are liable for any activity performed by anyone using your Account and that you are entirely responsible for the accuracy of your information at anytime. You understand and agree that you are responsible for maintaining the confidentiality of your password and all information in your Account. You agree to immediately notify Appier of any breach of security or of any unauthorized use of your Account of which you become aware. Appier may, at its sole discretion, verify such a breach. Appier may, but is not obliged to, take action against the breach.

Appier reserves the right to terminate or suspend access to your Account at any time due to your failure to comply with any of the above or for any other reason including but not limited to your breach of any of the Terms of this agreement, for any credit or payment issues, for any information you provide to us and we are unable to verify, and for any action that we consider illegal, fraudulent, harassing, or abusive to Appier or any other party.

      1. Identity Authentication

You authorize Appier, directly or through third parties, to make any inquiries we consider necessary to validate your identity including but not limited to asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your Information against third party databases or through other sources.

    1. SITE USAGE AND INFORMATION
      1. Limited License

Appier will grant you a limited license to use the Site, subject to your compliance with payment and all other Terms in this agreement. Unless otherwise provided herein, your limited license is non-transferable and non-exclusive and does not allow you to make any commercial or other use of the Site or any portion thereof. Appier can terminate your license anytime if you fail to comply with any of these Terms and has no obligation to give you notice of such termination. Appier reserves all rights not expressly granted herein.

      1. Usage Regulation

You agree to follow these terms and other relevant materials to follow the guidelines of the Site. Appier reserves the right to amend these Terms and other relevant materials, which will be effective immediately upon posting, without notice to you. You should regularly refer to these Terms and other guidelines to understand the terms related to the Site. While using the Site, you will not:

a )
violate any laws, Appier rights, third party rights, or other such policies;
b )
post obscene, unethical, or illegal content or inventory;
c )
use any information that is not your own, such as claiming false identity or ownership for a website or advertiser or providing fraudulent payment information;
d )
attempt to exploit the Site to your advantage, such as incorrectly categorizing your property and inventory;
e )
bypass or manipulate our fee structure, payment process, or fees owed to Appier;
f )
post fraudulent or misleading content (including personal information);
g )
take action to undermine feedback or rating systems;
h )
distribute viruses, messages, or technologies that may harm Appier or third parties in any way, including but not limited to malware advertising campaigns;
i )
manipulate or interfere with other Users’ use of the Site; and
g )
resell or crawl the data provided by the Site.
      1. Site Information

The information, data, graphs, statistics, and numbers provided on the Site are either public information, or information automatically generated from Appier’s data analytics system, or information submitted by Users.

      1. Information Access and Interference

Much of the information on the Site is updated on a real time basis. You agree that you will not use any robot, spider, crawler, or other automated, manual or any other means to copy, crawl, fetch, and reverse engineer data from the Site. Additionally, you agree that you will not: (a) generate large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content or network system of the Site (except as otherwise provided herein).

      1. Third Party Information

You understand that the Site may contain some third party information that may be published or posted on the public advertiser community, such as contact information, service type, price, links, service information, and business intelligence analytics. This third party information may not be updated completely and correctly and shall be further verified by Users. You acknowledge and agree that Appier is not responsible for the availability of such third party information, and does not endorse and is not responsible or liable for any service on or available from such sites or resources.

      1. Privacy of Others

If you receive Information about another Appier registered User through the Service, you must keep the Information confidential and only use it in connection with the Service. You may not disclose or distribute any Appier’s registered User’s Information to a third party or use the Information for marketing purposes unless you receive the User’s written consent to do so. In case you obtain a User’s consent, Appier will not be responsible for any matter related to the consent or your use of the information.

    1. TRANSACTION POLICIES
      1. Position of Appier

The Service provided hereunder is a platform that enables Developers and Providers to facilitate communication and transactions. Appier is only a platform service provider and cannot be held liable or responsible for any illegal action or service agreement breach due to the actions of any Users. Users recognize and agree that Appier has no part, role, and influence in the details of inventory or any other services purchased through the Service. Users recognize and agree that Appier is not liable for the performance of an advertising campaign, or the performance of a User’s ad sales activity.

      1. Inventory of Services

Providers who wish to sell inventory of its services may use the Service to describe and index the available inventory. Only actual available service opportunities can be posted by Providers. A Provider must make sure that information included in the inventory is accurate, and any service purchased by a Developer will be executed exactly as it is described. Appier reserves the right to remove any inventory that, at Appier’s sole discretion, fails standards, without notice or refund. Appier has the right, but not the obligation, to verify the validity of inventory listed on the Service while Users should assume that Appier has not verified the validity of posted inventory.

      1. Acceptance of an Offer

If a Developer wishes to purchase a service package available for sale on the Service, he/she may submit an order. However, Developers must only submit service orders when they have fully understood the nature of the service listed. Submitting a purchase order from a service opportunity constitutes an offer from a Developer to the Provider with the price and parameters specified by the Provider. It does not obligate the Provider to accept such an offer. This offer may be held indefinitely, accepted, or rejected at the sole discretion of the Provider. If a Provider receives an order from a Developer, the Provider has the right, but not the obligation, to accept the order. If the Provider does not respond to the order within 7 days, Appier reserves the right to cancel the order. If the Provider accepts the order, it has become a binding obligation for both the Provider and the Developer to execute and complete the Order as specifically described. Notwithstanding the above, if the overall service price exceeds US$ 5,000, Provider will not start the service under the Order until receiving Appier’s notice of payment confirmation.

      1. Cancellation

A Developer may elect to withdraw its offer in the time period between order submission and order acceptance by the Provider. Once the offer has been accepted, there is a guaranteed service completion that cannot be withdrawn. If a Provider decides to withdraw its participation from the Site, the Provider is still obligated to complete any accepted orders conducted through the Site. Notwithstanding the above, if the overall service price exceeds US$5,000 and Appier has not received Developer’s payment within 5 (five) days after receiving Provider’s acceptance notice, Appier has the right, but is not obliged, to cancel the Order by sending a notice to both parties. Neither Developer nor Provider has the right to claim anything against Appier regarding such cancellation.

      1. Order Execution

The Provider will make every reasonable effort to execute and complete the service opportunity as ordered by the Developer and agreed upon by the Provider. Appier has the right, but not the obligation, to verify the successful execution of a campaign in any way, including but not limited to access to advertising server logs and third party data. For campaign services, Provider will ensure to execute the service exactly as listed and described in the profile. For advertising services, Provider will not authorize or encourage any third party to generate fraudulent impressions or fraudulent clicks on any advertisement, including but not limited to, (i) through repeated manual clicks, (ii) the use of robots or other automated query tools, and/or computer generated search requests, or (iii) the fraudulent use of other search engine optimization services and/or software.

      1. Order Payment

The Developer must fully pay the service price not exceeding US$5,000 when placing the order via Paypal or any other payment methods chosen and offered by Appier. If the overall service price exceeds US$5,000, the Developer has to make payment by wire transfer to Appier at its earliest convenience after receiving Provider’s acceptance notice. After Appier receives the wire transfer, Appier will send a confirmation notice to the Provider for triggering the service. If Appier has not received Developer’s payment within 5 (five) days after the Developer received Provider’s acceptance notice, the Order may be cancelled by Appier as provided in Section 4.5. For international transactions, the exchange rate will be calculated by the designated payment gateway’s exchange rate policy.

      1. Appier Payment Schedule

Once the service order is placed, and the Provider has accepted and begun service execution, Appier will credit the Provider Account with the service price minus the commission fee with or without the transaction fee (please see Section 5.2), given that the funds have been received by Appier. After Provider starts its service, Appier will distribute the funds to the Provider’s Account on the last day of the next month. Appier can distribute funds in a variety of ways (such as PayPal or wire transfer), which are subject to change at Appier’s sole discretion. Appier will, but not be obliged to send a notice to Providers for the change of payment method. Providers may check the balance of its account(s) registered under the Service in order to verify the receipt of payment from time to time.

      1. Limited Liability

Providers recognize that Appier acts as a transaction facilitator between Provider and Developer and agree that Appier or its subsidiaries and partners are not liable for payment of completed services if full or partial payment is not received from the Developer. Appier’s payment liability is limited to the amount Appier actually receives from the Developer. If the Developer disputes a payment, for instance through a credit card chargeback, Appier may, but is not obligated, to refute the chargeback in an attempt to collect payment. If for any reason payment is not received, or payment must be returned to a Developer or a payment issuer (such as a credit card company), Appier is not liable for such payments and the Provider is required to cover any losses suffered by Appier and refund received proceeds to Appier, including but not limited to transaction fees incurred as part of any chargeback or refund; Appier may take any means necessary to recover funds from a Provider.

      1. Disputes Resolutions

Appier will not play any role for the execution of the purchased service. If either the Developer or Provider believes that their agreement has not been executed correctly or in good faith, they must first address the concern with the other party. If such a dispute is not resolved between parties, either party may bring the dispute to Appier, within 30 days after the conclusion of the purchased service. Appier then has the right, but not the obligation, to make a determination regarding the dispute and take action to resolve it, including but not limited to terminating User Accounts, refunding or crediting funds, or negatively marking a User’s feedback history.

      1. Relationship Ownership

The Service exists to facilitate the business between Developers and Providers of service inventory. Appier retains full rights and ownership over all data that is entered into or derived by the Service. A User has full rights to access the information related to its Account.

      1. Liability for Third Party Ad Server

All parties agree to hold Appier harmless of any result, either material damage or not, that arises from the serving of an advertisement hosted on a third party ad server not controlled by Appier. APPIER MAKES NO REPRESENTATION, WARRANTY, OR SERVICE LEVEL AGREEMENT ABOUT THE FITNESS, PERFORMANCE OFTHIRD PARTY AD SERVERS.

      1. User Representations Concerning Content of Advertisements

By placing an order on the Site, Users agree that they will not deliver, either directly through creative files or indirectly through a third party ad server, any advertisements which would be considered, subject to Appier’s sole discretion, offensive or inappropriate for the Provider’s website.

    1. FEES
      1. Commission Fees

The Site may withhold a commission fee on service orders placed through Appier or that are derived from usage of Appier. Fees for services or commissions are subject to change but will be communicated to Users by revising this User Agreement before taking effect. Providers have to check the applied commission fee before accepting an order and the commission fee will be charged accordingly, even if the commission fee has changed when the Provider accepts such an order. Unless specified in a separate contract with the Provider, standard commission fee is 20% of the overall service price. Commission fees of Appier service are subject to change.

      1. Transaction Fees

Any fees or expenses charged by third party incurred in the course of conducting an ad campaign or any other part of Appier Service, including but not limited to payment processing fees such as PayPal fee, will be deemed transaction fees. Transaction fees will neither be covered by nor included in Commission fees and Users are liable for any and all part of transaction fees regardless if such fees are charged before, upon or after a transaction. If the aggregate amount of transaction fees is higher than 2% of the overall price of the transaction, the Provider is responsible for the net difference between the excess amount over 2% of the overall price and the fees may be withheld from the net payment amount by Appier.

      1. Tax

Developers and Providers agree that Appier is not responsible for the accuracy or suitability of any payment of taxes to any entity on behalf of Developers and/or Providers. Developers and Providers agree to indemnify and hold Appier(and any of its affiliates, officers, directors, agents, and employees) harmless against all liabilities, costs, interest, and expenses (including attorneys’ fees) incurred by Appier that arise out of any third party or governmental claim that involves, relates to, or concerns (i) any federal, state or county tax obligation or amounts due or owning under any tax law, regulation, order or decree, or (ii) any dispute concerning the tax status of Appier.

    1. COPYRIGHT AND TRADEMARK

All content, organization, design, compilation, and other matters related to Appier and the Site are protected under applicable copyright, trademark and other proprietary (including but not limited to intellectual property) rights. User shall abide by all copyright notices, information, and restrictions contained in any content accessed in connection with the Services and the Site. The copying, redistribution, framing, use or publication by you of any such matters or any part of the Site is strictly prohibited. In addition, the entire Site is protected as a collective work under the laws of Republic of China and copyright laws of other jurisdictions. The collective work includes work that is licensed to Appier and that is the property of Appier’s licensors, which are also protected by copyright and other intellectual property laws. You do not acquire ownership rights to any content or other materials viewed through the Site.

All trademarks, service marks, logos, trade names, and any other proprietary designations of Appier used herein are trademarks or registered trademarks of Appier. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

User authorizes Appier to use, for the purpose and within the scope of promoting the Site and Service, its logo, brand, trade name, trademark, App’s name, service description and any related information generated from the use of the Site or Service.

    1. IP POLICY

Appier and all related logos, text, graphics, icons, images, and products and services described in the Site are trademarks, registered trademarks, or intellectual property owned by Appier. You may not copy, imitate, or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Appier. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by Appier through our Service or affiliate programs without prior written consent for the purpose of directing web traffic to the Service. You may not alter, modify, or change these logos in any way, use them in a manner that is disparaging to Appier or the Service or display them in any manner that implies Appier’s sponsorship or endorsement.

In case your intellectual property rights are infringed by any User or Account holder or any other third party related to your activity on the Site or through your Account, please send us a written notification at [email protected] with the following information:

a )
your personal contact details including name, address, telephone number and email address;
b )
descriptions of the intellectual property right(s) that you believe have been infringed and of the site location of the infringing materials with every detail);
c )
an electronic signature of the owner or a person authorized to act on behalf of the owner of the copyright or other right(s) that have been allegedly infringed.

If you inform Appier that your rights are being infringed by one of our Users or Account holders, Appier may, but is not obliged to, at any time and at Appier’s sole discretion, remove the infringing materials from the Site and terminate such user’s or Account holder’s use of the Site.

    1. INDEMNIFICATION

You agree that you shall indemnify, defend and hold Appier, its affiliates, licensors, Account holders, Site Users, and each of their owners, directors, officers, employees, agents and representatives (the “Indemnitees”) harmless from any and all damages, liabilities, losses, costs (including attorneys’ fees), and expenses incurred or suffered by such indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of the Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of content and posts; or (iv) your use or misuse of this Site.

    1. ACKNOWLEDGEMENT

You acknowledge and agree that:

a )
Appier reserves the right to use, in any way, any information related to or provided by Users on the Site;
b )
Appier reserves the right but not the obligation to move, remove or screen any posts;
c )
Appier reserves the right to remove any content from the Site at any time, or to terminate User’s right to use the Site, for any reason (including breaching the terms of this paragraph), or for no reason at all, subject to the provisions of paragraph on “Termination”;
d )
Appier has no obligation to review third party properties such as websites, services or software to which you may be directed through links in the Site and is not liable, under any circumstances, for the content, any kind of information, privacy and any matters related to the operation of such third parties;
e )
You are fully responsible for every activity in connection with the Services and accessing the Site; and
f )
If you sell or by any means transfer one or more of your websites to another party who has its own Account in good standing, you may request that Appier transfer rights and obligations under those websites from your Account to that other party’s Account. Appier will not have any obligation to transfer such websites.
    1. COVENANTS BY USER

As a User of this Site or holder of your Account, you must not:

a )
breach this User Agreement, or any other agreement or policy that you have agreed to with Appier;
b )
make an effort to open a new Account after Appier has terminated your Account for breach of the Terms;
c )
violate any applicable laws, regulations, statutes, or ordinances, including but not limited to those governing and related to consumer protection, fair-trade rules, financial services, or anti-discrimination, and export and import laws of the Republic of China;
d )
provide materials that infringe upon any third party’s intellectual property rights, or remove any proprietary notices from the Site;
e )
offer or disseminate fraudulent goods, services, schemes, or promotions or engage in any unfair deceptive act or practice, or provide false, inaccurate or misleading information, impersonate any person or entity, or misrepresent your affiliation with a person or entity;
f )
act in a manner that is defamatory, libelous, slanderous, threatening or harassing or victimizes harasses, degrades, or intimidates an individual or group of individuals on the basis of gender, sexual orientation, religion, disability, race, ethnicity, or age;
g )
collect or disseminate any information about any other Users or Account holders, including but not limited to any personal data or information;
h )
take any action that may cause Appier to lose any of the services from its internet service providers, payment processors, or other suppliers or venders;
i )
propose, offer or otherwise make available any form of gambling, adult, sexually-oriented, or obscene content or services, including without limitation, any pornographic materials, any materials which require individuals to be 18 or older to view or purchase, any escort services, and any adult websites;
j )
use any means, including but not limited to any robots or other automated tools, to artificially inflate impressions and/or clicks, or use deceptive implementation methods to promote or obtain clicks, whether manual or automated, including but not limited to clicking your own ads, asking others to click ads, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behavior or placing images next to individual ads;
k )
use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
l )
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, Account, or private information from any User, and you will not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
m )
counterfeit headings or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site;
n )
attempt to hack the Site, to defeat or overcome any security measures or encryption technology for the Site or any related data;
o )
run Maillist, Listserv, any form of auto-responder, or “spam” on the Site or Services, or any processes that run or are activated while the User is not logged in;
p )
facilitate any viruses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site;
q )
attempt to impose an unreasonable or disproportionately large load on our infrastructure;
r )
produce, modify, revise, translate, prepare derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Site, its software or technology, or attempt to create a substitute or similar service, product or website through use of or access to the Site or technology related thereto.
    1. ADVERTISEMENTS

Any advertisement related content bought or sold through this Site, including but not limited to all text, images, data, sound, video and any other material and information publicly posted or privately transmitted, are the sole responsibility of the party from which they have originated from. Appier will not control, monitor or guarantee the accuracy, quality or integrity of any content and you understand and agree that you are fully responsible for all content that you submit for advertising purposes and in general any content you post, upload, display, transmit by any means, email or by any other way make available through the Site.

Appier will not be liable, under any circumstances and in any way, for any content, loss or damage caused by the content.

    1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL APPIER, ITS AFFILIATES, AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES HAVE TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR ANY SERVICES PROVIDED THERETO (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) IN EXCESS OF THE AMOUNT OF DAMAGES ACTUALLY INCURRED BY YOU UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO APPIER DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL APPIER, ITS AFFILIATES AND EACH OF THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER ENTITY OR THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR COVER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, SERVICE INTERRUPTION, DEVICE OR COMPUTER FAILURE, LOST SAVINGS AND STATUTORY DAMAGES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF APPIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT AND RECOURSE WITH ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE. THE FOREGOING LIMITATIONS ALLOCATE THE RISKS BETWEEN APPIER AND YOU AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    1. DISCLAIMER OF WARRANTIES:

THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APPIER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DOES APPIER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES.

    1. ENFORCEMENT

Appier has the right and absolute discretion to enforce these Terms and terminate or suspend any Account or access to its Site if these Terms are violated as well as to report to any applicable authority, in its sole discretion any activity, without limitation, that Appier considers as infringing any applicable law or regulation and to work with or hire any relevant law enforcement agency to investigate and prosecute such behaviors. If you want to report any such illegal behaviors, please contact Appier at [email protected]

    1. TERMINATION

Services of Appier can be terminated at anytime by Appier by notifying the Users. Appier reserves also the right to terminate or suspend all or part of the services and Site access at anytime and without the obligation to notify the User, in case the User breaches any of these Terms and for any other reason described in these Terms. User understands and agrees that all paid fees are non-refundable and cannot be cancelled. Upon termination, the User’s right to use the Services is automatically canceled and User agrees to immediately remove all company code from all, without limitation, user’s Mobile Properties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

    1. GENERAL TERMS

These Terms are governed by and construed in accordance with the laws of Republic of China without regard to its principles of conflicts of law. It shall not be governed by the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded. Any dispute arising in connection with these Terms that cannot be settled by negotiation between you and APPIER or their representatives, may be submitted at our sole discretion to binding arbitration to be held in Taipei in accordance with Arbitration Law of the Republic of China. You agree to submit to the exclusive jurisdiction located in Taipei, Taiwan, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Nothing herein shall prevent APPIER from seeking equitable relief in a court of competent jurisdiction. APPIER and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. Any heading contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

PLEASE READ OUR PRIVACY POLICY WHICH IS INCORPORATED INTO THE TERMS BY REFERENCE HEREIN.

If you have any questions or comments regarding the Terms, please contact us by e-mail at [email protected] or by Taiwan mail to 11F, No.396 Keelung Rd. Section 1, Xinyi District, Taipei, Taiwan 11051 (R.O.C.).