Holdeed Terms of Use               

Appie AG, Floraweg 18, 9490 Vaduz, Liechtenstein

 

This agreement was last amended on 1 July 2019, Applie AG, Floraweg 18, 9490 Vaduz, Liechtenstein
 
PLEASE READ THESE TERMS OF USE ("AGREEMENT", "TERMS") CAREFULLY BEFORE USE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS. DUTIES.


Intro


This service allows you to interact with organizations, search for and communicate with other users and all kinds of functions through apps and website ("Service"). It is operated by HOLDEED ("Holdeed" or "Service Provider", a product of Applie AG, a Liechtenstein company, Contact: support@holdeed.com The Service is part of the Applie Open Social Media Platform and Marketplace ("Applie Platform") operated by Applie AG, Liechtenstein ("Applie"), support@applie.li which provides the services of Applie with Applie-related service providers (collectively, "Related Providers", their services "Related Service", collectively, "Related Services", Applie and the Related Providers "us", "our", or "we"). The Affiliates offer their services in their own name and are listed on applie.li. This Agreement contains the binding terms and conditions for your use of this Service and the Related Service.


Declaration of agreement with these terms of use
 
By using this Service or any Related Service, either through the App or the Website, or any other user interface of Holdeed or any other Related Provider (collectively, the "User Interface") in any way, including browsing, loading content or other material, you acknowledge that you have understood these Terms and that I will abide by them, whether or not you have registered me with any Related Service.
These conditions consist of two parts: Part 1 "Specific Conditions" only for Holdeed and its User Interfaces and Part 2 "General Conditions" valid for all Connected Services by all Related providers and all their user interfaces.


PART 1: SPECIFIC CONDITIONS ONLY FOR Holdeed


In order to use this service, we open a master account for the account holder and, as desired, several individual accounts for your employees. A Master Account may be opened by providing the required information to the Account Holder as follows: a) electronically via the Service App, b) filling in the registration form on the Service's website, or c) filling out the Service's paper registration form.
By opening the main account and confirming the registration either online, by email or by written confirmation, a binding agreement ("Agreement") is concluded between us and the holder of the main account. By registering, you therefore confirm that you are entitled to submit this on behalf of the Account Holder and that all details are correct.
We reserve the sole right to refuse registrations or to refuse confirmed registrations. annul. In the latter case, we will refund amounts already paid for the current term or there will be no debit.
Upon confirmation of registration, we grant you a non-transferable, non-exclusive license ("License") to use the Service in accordance with these Terms during the Term. This License is strictly bound by compliance with these Terms of Use by you as the Account Holder and by all your assigned users. You and your users may use the Service only for the purpose intended and within the legal limits.
A username and password can be created during the electronic registration process by means of an app or on the website. Otherwise, the username and password will be sent to you by email or post. Additional users ("Users") as per your request may be added directly by you using the admin login on the Service website or by us.
You are solely responsible for managing and securing your passwords, which are protected by you or by Your users have been issued for this service, regardless of whether you manage the main account yourself or you have delegated administration.
If a fee is charged for your service, you can choose between monthly and annual advance payments. The fees will either be published on the service's website or indicated on the registration form. You may make changes at our sole discretion. Price changes will not take effect until the start of the Account Holder's next term. Prices are quoted in either USD, EUR or CHF excluding VAT. The currency selected at registration will remain in force unless changed by mutual written consent. VAT will also be charged.
A change in product level is handled as follows: If you upgrade at a higher price, a new term begins immediately. The remaining fees of the previous term will be charged or refunded (only if the length of the new term is the same as the previous term). In the case of a downgrade at a lower price, the new price to be paid takes effect at the start of the new term.
We do not charge a fee during the 'Free Test Period' or the 'Beta Test Period'. The 'Free Test Period' is only granted once per customer. If we determine that a customer has claimed several 'Free Test Periods', we are entitled to charge for the excess periods. If a 'Free Test Period' or the 'Beta Test Period' has expired, the term is automatically reduced by one month or one year of billing or credit charge. card until the account is closed.
We have no obligation to continue to provide the service if the fees, including VAT, have not been paid on time. In such a case, we are entitled to terminate the service immediately. The Account Holder must ensure that we have all necessary and accurate billing and contact information, and credit card information, if any, including
to the government. If we decide to terminate an account with reason, no refunds will be made. If we close an account without reason, we will refund the balance of the opened term.
The Service cannot be considered as a substitute for professional fiduciary services and all represent advice in the sense of fiduciary services.
Single login between Applie-associated providers and Holdeed is supported.  On the other hand that Holdeed does not support content sharing with other Affiliated Providers.
We are authorized to assign our rights and/or obligations under this Agreement to another party. However, neither the Account Holder nor any User is authorized to transfer any rights or obligations under this Agreement without our written consent.
These Terms and Conditions and our Privacy Policy constitute the entire agreement between you, the Account Holder and us regarding this Service and supersede any prior agreements relating thereto.


PART 2: GENERAL TERMS AND CONDITIONS FOR ALL ASSOCIATED SERVICES usage authorisation


The registration and the membership are invalid, if an offence against the present terms of use or a legal requirement is present. There is an age limit of 12 years for access and use of the Service, unless otherwise stated in the specific terms of Part 1. If you are under the age of 16 when you register, you acknowledge that you have the permission of your parent or guardian to do so. By accessing or using the Service, you acknowledge that you will carefully comply with these Terms.
Registration and Security
If you access or use the Service, you acknowledge and agree to a) provide only accurate information when registering or updating your profile, b) store and maintain your password securely, c) carefully follow these terms and conditions and strictly follow the rules of user behaviour, d) periodically review and update your profile information, e) be fully responsible for the use of the Service, your data and content, and any changes you make to your profile, and e) take full responsibility for your use of the Service.
to undertake your actions in connection with the use of the Service.
You can freely choose a username, except for names that are considered offensive or do not correspond to the "User Behaviour" section below. You may not choose any names that correspond or may be confused with existing brand names, company names, trademarks or service marks. We reserve the right to change your username at any time without notice. 
 
Rights to intellectual property


The Service and its functions and features are owned by the Service Provider, Applie or its Affiliate or its licensors and are protected by international copyright, trademark, patent, trade secret and other intellectual property and proprietary laws.
All contents of the Service, including (but not limited to) drafts, texts, information, graphics, images, paintings, photographs, drawings, sketches, videos, applications, software, music, sounds, etc., are protected by copyright. ("Content") is the sole property of its respective owners (Applie, its affiliates, its users or its licensors) and all rights reserved.
None of the Services or its user interfaces and content may be modified, copied, republished, distributed, posted, displayed, forwarded, transmitted, framed, scratched, reproduced, downloaded, sold, accessed through any third party service or mobile application in any form or by any means, in whole or in part, without the written permission of Applie. Excluded from this obligation are only the user's own content that has been lawfully created or uploaded by the user.


Limited license to use


Provided that you comply with the rules of use authorization, you will receive a non-exclusive, nontransferable, limited license to access and use the Service and its contents. Such license includes the right to print or download Content provided it is used for private, non-commercial purposes and provided it complies with copyright and proprietary rights obligations. Except for your own Content, you may not upload or republish any Content to other websites or other media or databases. Any further use of Content is strictly prohibited. Such license is subject to these terms and conditions and explicitly does not permit the use of data mining, robots, scraping, or any other similar methods of data collection. Any use of the Service and its contents other than as expressly permitted or permitted herein by prior written consent of the Service Provider or Applie is strictly prohibited and will immediately terminate the license granted hereunder.  Unauthorized use may also violate other laws and rights, such as copyright and trademark laws. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.


Charges


Some features, functionalities or memberships are free of charge, while others are subject to fees. If there are fees, these fees will be clearly marked and expressly confirmed by you. We reserve the right to charge for any feature, functionality or membership that was previously free, if you have been notified prior to the introduction of such charges so that you can avoid such charges.
For costs that are not time limited, you have the right to terminate a commitment without payment within 15 days of receipt of the commitment confirmation, if you have not yet used the affected item. However, any agreed fee for an Item with a minimum life, such as annual membership fees, will not be refunded.
The service also supports the use of SMS. If SMS are received abroad, the mobile operator can charge roaming fees.  All other charges that may be levied by a mobile operator must be requested from the user's current mobile operator.


User behaviour


You agree to comply with the laws and regulations of your country of origin or the country from which you access the User Interface, not to produce, reproduce, publish and distribute, upload or download any information that is prohibited by law, including, but not limited to, copyright infringement, third party computer damage, prohibited pornography, government secrets, prohibited political propaganda or criminal acts.
You agree not to offend, threaten or invade the privacy of any other user in any way, or interfere with any other user, or restrict their use of any post, chat, forum or other form of electronic communication, or post libel or other inappropriate comments.
You agree not to sell any goods commercially or to sell any goods commercially with commercial Advertise for any purpose other than by means of sales-specific or advertising-specific functions provided by the Service.
We reserve the right to deny access to the use of posts, comments, chat, forums, etc., at any time. or other forms of electronic communication without prior notice and without giving reasons to block.
You may not do anything reasonably expected to damage, disable, overburden, or impair the Service, or interfere with anyone else's use of the Service, or challenge or challenge our intellectual property or our ownership rights in the Service.
You shall be personally liable for all reasonable costs and expenses incurred by us as a result of violation of these conditions by you.


Communication


We are under no obligation to monitor posts, chats and forums or other forms of electronic communication ("communications").  Thus, we have no control over the content of such communications such as posts, messages, information and statements, whether in text, image, audio or video form, and we cannot be held liable for such communications. However, we reserve the right to change any communications provided or made available by users of the Service, or
to be published, changed, deleted, revised and forwarded to third parties, insofar as this is not possible. is required by law or when technical requirements exist.


Single login and content sharing


Registration for the service offers you access to all services of all affiliated providers with the same login data (single login). This also means that you agree that we may share your user information with all Affiliates whose service you are using by downloading or logging into their service.
Except as otherwise provided in the Specific Conditions of Part I, you agree that agree that the content you store may be visible or accessible on other Connected Services.


Competitions


Responsible for contests, coupons, surveys, polls ("Activity") are the providers of such activities (Affiliated Services or Users) that publicize such activity.  Announcements of Activities include all relevant information such as start, end, prices, intermediate results, features, etc. Unless otherwise announced by the activity provider, the following applies to these activities:  Winners will be notified by text message to their profile or by push message to their phone. There is no obligation to purchase. There is no correspondence about the activity. The decision is final, all legal ways are excluded. Cash payment of prizes is not offered. The prizes are personal and non-transferable. The winners agree that their profile and name may be published.  If a prize requires travel to a location, the winners will travel at their own expense. Participants who violate these conditions will be excluded from the prize. Employees and relatives of the activity provider are not eligible to participate in the award ceremony.


Data protection and privacy


We respect your privacy and protect your information in accordance with these Terms and our "Privacy Policy", which you can find on the same user interface as these Terms.
All data that you store on the service belongs exclusively to you.  You retain ownership of the copyrights, trademarks, database rights and other intellectual property rights in your data. You are also solely responsible for the accuracy and reliability of your data. We reserve the right to disclose your information to law enforcement agencies in investigations of fraud or other alleged unlawful activity, but otherwise we will only use your information to provide the service.


Restriction of liability


In no event shall this Service Provider or Applie AG, or any of its Affiliates, including their directors, employees, agents, suppliers or other related parties, be liable for any damages, direct or consequential, arising out of your use of the Service or the provision of your Content, whether based on contract, negligence or other forms of unlawful conduct, unless such damages are attributable to the wilful misconduct of the Service, Applie or its Affiliates. You further agree to indemnify and hold us harmless from and against any claims, losses, liability costs and expenses, including, but not limited to, attorneys' fees, arising out of your violation of these Terms or the rights of any third party. To the extent that we are not entitled to exclude our liability, our aggregate liability for any loss or damage in connection with the Service shall not exceed an amount of
which corresponds to the usage fees of the last billing period.


Disclaimer of warranty


Your use of the service is at your own risk. The Service is provided on an "as is" and "as available" basis. The Service is provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or fitness for a particular purpose.
Applie, its Affiliates, including affiliates, other related companies and its licensors do not warrant that a) the Service will be uninterrupted, secure, available at all times or in all locations; b) errors or defects will be corrected; c) the Service will be free of viruses or other harmful components; d) data will not be accessible by illegal intruders; or e) the results of use of the Service will meet your requirements.


Applicable law


Except as otherwise provided in the Specific Terms of Part 1, this Agreement (and any other terms or policies to which reference is made) shall be governed by and construed in accordance with the laws of Liechtenstein, which shall have jurisdiction over any dispute arising out of or relating to these Terms with the Service Provider or Applie or its Affiliates, without regard to its conflict of law provisions. However, Applie or its Affiliates may make a claim against the User in any other competent jurisdiction under the jurisdiction of the User.


Changes to this Agreement


We reserve the right, in our sole discretion, to change, amend, reduce, extend, correct or replace these Terms and any other rules or guidelines derived therefrom at any time and without further notice by posting the new Terms on the affected user interface. If this occurs, the current terms as currently displayed will be replaced by the new terms, 
of the last revision.  Your perpetual access and use of the service after a  
such change automatically means your acceptance of the new terms. Please check this agreement periodically for changes as this is your responsibility. If you do not agree with this Agreement or any part of this Agreement or any changes to this Agreement, you may not use or access the Service or any Service associated therewith, or at any time, but may terminate your use of the Service or any Service associated therewith immediately because this is not permitted without such consent.


Suspension and termination


We may suspend your access to the services and their user interfaces without giving reasons, if we notice irregularities, if the user does not comply with these conditions or if payments are not received on time. We may terminate your access to the services and their user interfaces without giving reasons, which may lead to deletion and loss of all information associated with you. If we withdraw access to the Service or terminate your access to the Service permanently because these Terms have been breached, we will not refund any usage fees you may have paid.  We also reserve the right to close any account on the Service (including during a "free trial" or "beta testing period") for any reason with one month's notice. If we terminate an account with an annual usage period, we will refund the pro-rata usage fee for the remainder of the period.
All provisions of this Agreement which, by their nature, remain in force after termination shall remain in full force and effect, including, without limitation, title provisions, disclaimers of warranties, damages and limitations of liability.


Other terms and conditions


If you or we ignore a violation of these terms and conditions, this does not mean that another violation cannot be enforced. If any provision or portion of these Terms is held to be invalid or unenforceable, or if these Terms contain omissions, the validity of these Terms will not be affected. In such event, the terms will fully be modified to achieve the intended purpose of the void or ineffective part possible. All deviations from these terms and conditions and collateral agreements must be made in writing in order to become effective. This requirement can only be changed in writing. These terms and conditions shall also be translated into several languages. Unless otherwise provided in the Specific Conditions of Part 1, the English version of these Conditions shall prevail in any dispute. Some Associated Services may define Supplementary Conditions as set out in Part 1: Specific Conditions. In the event of inconsistency or conflict between the Additional Specific Conditions of Part 1 and the General Conditions of Part 2, the provisions of Part 2: General Conditions shall prevail.

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