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Effective date: 12/23/2022

Terms of Service

Disclaimer:

THE SERVICES BEING PROVIDED ARE PART OF A PREVIEW OR TEST VERSION AND ARE NOT INTENDED FOR USE IN A PRODUCTION OR LIVE ENVIRONMENT. GEEKYANTS INC. IS NOT LIABLE FOR ANY ISSUES THAT MAY ARISE FROM USING THE PREVIEW VERSION, WHICH MAY CONTAIN BUGS OR ERRORS. THE USER IS RESPONSIBLE FOR EVALUATING THE PREVIEW.

1. Introduction

Welcome to GeekyAnts Inc.

  • a. GeekyAnts Inc., ("we", "us" and/or "our") operates https://theappmarket.io/.
  • b. Your visit, access or use of the Services are governed by these Terms of Service ("Terms"), so please carefully read them before using the Services. These Terms applies to all visitors, users, and others who access the Services ("Users", "you" and/or "your").
  • c. In order to use the Services, you must first agree to these Terms. If you use the Services on behalf of a company, business or other legal entity (each an "Entity") , you are agreeing to these Terms for that Entity and promising that you have the authority to bind that Entity to these Terms. In that case, "you" and "your" will also refer to that Entity, wherever possible.
  • d. Our Services are not intended for use by children under the age of 18 ("Child" or "Children"). By using our Services, you certify that you are a person of at least 18 years of age.
  • e. You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by GeekyAnts Inc., its parent company, group companies or any of its affiliates regarding future functionality or features.
  • f. IMPORTANT- ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE HEREUNDER, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESulVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
  • g. BY USING OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.

2. Your Account

  • a. Your account on the Services (your "User Account") gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of User Accounts for different types of Users. By connecting to the Services with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
  • b. You may never use another User's User Account without permission. In the course of registering for a User Account or using the Services, you may be required to provide us with certain information, including your name, contact information, username and password ("Credentials"). GeekyAnts Inc., handles such information with the utmost attention, care and security. Nonetheless, you, not GeekyAnts Inc., shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your User Account changes, you must notify us promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify us immediately.
  • c. We reserve the right to access your account in order to respond to your requests for any Support Services as defined hereunder.

3. Content

  • a. A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, algorithms, software, photographs, videos, data, and other materials ("Content") may be made available through the Services by us ("Supplied Content"). While we strive to keep the Content that we provide through our Services accurate, complete, and up-to-date, we cannot guarantee, and are not responsible for the accuracy, completeness, or timeliness of any Supplied Content.
  • b. You acknowledge that you may also be able to upload, post, deliver, provide or otherwise transmit or store information (such as software, code, data, information, feedback, suggestions, text, content and other materials) through use of the Services. All such information shall be referred to as "User Content."
  • c. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which we may suffer) in connection with such User Content. If you are registering for these Services on behalf of an Entity, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that we do not control or actively monitor Content uploaded by users and, as such, do not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will GeekyAnts Inc., its parent company, group companies and or affiliates be liable in any way for any such Content.
  • d. We may refuse to store, provide, or otherwise maintain your User Content for any or no reason. We may remove your User Content from the Services at any time if you violate these Terms and/or Privacy Policy and/or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, we may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that we have no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.
  • e. We reserve the right (but shall have no obligation) to monitor and remove User Content from the Services, at our discretion. You agree to immediately take down any User Content that violates these Terms, including pursuant to a takedown request from us. We also reserve the right to directly take down such User Content.
  • f. You shall own and retain all right, title and interest in and to your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give GeekyAnts Inc. a worldwide, non-exclusive, perpetual, fully sub-licensable, royalty-free right and license to use, disclose or share the User Content to the extent necessary to provide the Services to you and to protect the Services and from third party fraud, illegal activities, malware, malicious files or content, viruses and the like. In addition to this, you also acknowledge and agree that our third party service providers may also use, disclose and share your User Content solely to the extent necessary to provide the Services to you. Otherwise, we will not sell, disclose, or share any of your User Content (or any part or product thereof) with anyone else. We will implement and maintain reasonable information security policies and processes (including technical, administrative and physical safeguards) that are designed to prevent unauthorized access to or use or disclosure of the Services or any of your User Content.

4. Proprietary Rights

  • a. You acknowledge and agree that, we shall own and retain all legal right, title and interest in and to (i) the Services, any other Supplied Content provided by us, all improvements, enhancements or modifications thereto and (ii) all intellectual property rights related to any of the foregoing and other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
  • b. Except as provided in Section 3, GeekyAnts Inc. acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Notwithstanding anything contained to the contrary in these Terms, you agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.

5. Fair Use

  • a. We will use commercially reasonable efforts to provide all plan levels with sufficient bandwidth, builds, and serverless function invocations that we determine are typical of projects at that plan level. We don't want you to worry about usage when hosting your projects.
  • b. We will use commercially reasonable efforts to provide all plan levels with sufficient bandwidth, builds, and serverless function invocations that we determine are typical of projects at that plan level. We don't want you to worry about usage when hosting your projects.

6. Acceptable Use

  • a. The following are the acceptable uses of our Services:
    • The Services may only be used for lawful purposes.
    1. i. You shall not attempt to undermine the security or integrity of computing systems or networks of GeekyAnts Inc., its parent company, group companies, affiliates, partners, or any other person, and must not attempt to gain unauthorized access.
    2. ii. The network resources of GeekyAnts may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us.
    3. iii. You must not introduce software or automated agents or scripts into our Services in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data.
    4. iv. You must not access our Services through automated methods, including any use of robots or other computer code which calls our website.
    5. v. You shall not send unsolicited messages or use the Services to send unsolicited messages (also known as junk mail or SPAM).
    6. vi. You shall not use the Services as a remote storage server or for the primary purpose of providing downloadable content.
    7. vii. You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in our Services (which includes its software and documentation) to a third-party, through framing or any other method.
    8. viii. You must not interfere with or disrupt the Services or create an undue burden on our Services or the networks or services connected to our website.
    9. ix. You must not perform any benchmark tests or analyses relating to our Services without express permission of us.
    10. x. You shall not use the Services to host any protected health information or information that is subject to the Health Insurance Portability and Accountability Act, unless you first obtain our prior written approval.
  • b. The final decision of whether an account is in violation of any of these acceptable use terms is at the sole discretion of us. You agree that violations of these Terms by yourself or any person or Entity acting under your account will, in addition to any other remedies including criminal prosecution, result in termination of your access to our Services and removal (taking down) of all projects and deployments. In addition, violation of these terms or any of our policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account via our Services.

7. Restrictions on Use

  • a. You will not, directly or indirectly:
    1. i. sublicense, resell, rent, lease, transfer, assign, or otherwise commercially exploit or make the Services available to any third party;
    2. ii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our Services, you must first request such information from us in writing);
    3. iii. modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by us or authorized within the Services) or otherwise attempt to gain unauthorized access to the Services or its related systems or networks;
    4. iv. use the Services for time sharing or service bureau purposes or otherwise for the benefit of a third-party; or remove any proprietary notices or labels;
    5. v. remove, alter or obscure in any way any proprietary rights notices (including copyright notices) of us or our suppliers on or within the Services or documentation;
    6. vi. violate any applicable laws or regulations (including without limitation in violation of any data, privacy or export control laws) or infringe the rights of any third-party in connection with the use or access of the Services.
    7. vii. upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or GeekyAnts Inc. including its parent company, group companies and affiliates, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Phishing attacks, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
    8. viii. You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services.
  • b. You shall comply with all codes of conduct, policies or other notices we provide you or publish in connection with the Services, and you shall promptly notify us if you learn of a security breach or issue related to the Services. Without limiting the foregoing, you acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data, code or other content will be retained by the Services, the maximum storage space that will be allotted on our servers on your behalf, and the maximum compute capacity provided for the execution of builds and functions and the maximum network data transferred by the Services. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion.

8. Etiquette

  1. a. Without limiting any of these Terms, you shall not use the Services for, or in conjunction with, a website (including links from a website) that has any content that may be objectionable (as determined in our sole discretion), abusive, profane, contain hate speech or violates any applicable law. You hereby agree to indemnify and hold GeekyAnts Inc., its parent company, group companies and its affiliates harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees) in connection with any third party claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services in a manner not authorized by these Terms. Although we have no obligation to monitor your use of the Services, we may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. YOU ACKNOWLEDGE THAT WE MAY DISABLE OR TERMINATE THE SERVICES IF WE BELIEVE THERE IS ANY CONTENT THAT VIOLATES THESE TERMS, INCLUDING THE ACCEPTABLE USE TERMS AND THE RESTRICTIONS ON USE PROVIDED ABOVE IN THESE TERMS.

9. Plans and Pricing Terms

  1. a. The Services will be provided according to the plan level you select. There are both Free Plans as well as Paid Plans.
    1. i. Free Plan: We offer FREE PLANS at our sole discretion. We may change the terms and conditions applicable to the free plan or discontinue offering the free plan at any time. We reserve the right to disable or remove any project or website deployment on the free plan with or without notice at our sole discretion. We may shut down and terminate projects or deployments using the free plan without notice for any reason or no reason. We may shut down affected projects or deployments on the free plan in case of any delays or performance problems including, without limitation, those caused by a malicious attack on a project or deployment.
    2. ii. Paid Plans: All information relating the paid plans and pricing terms will be updated in the following versions of these Terms once the Paid Plans are launched by us.

10. Confidentiality and Other Rights

  1. a. Confidentiality: Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose business, technical, product or financial information or data relating to the Disclosing Party"s business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of GeekyAnts Inc. means information including but not limited to non-public information regarding features, functionality, performance and other sensitive data related to the Services. Your Proprietary Information includes non-public personal data provided by you to us to enable the provision of the Services and that you upload to the Services (collectively, "Your Data"). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use or divulge to any third person any such Proprietary Information (except in performance of the Services or as otherwise permitted herein). The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was rightfully in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without confidentiality restrictions by a third party, or (d) is or was independently developed without use of any Proprietary Information of the Disclosing Party as evidenced by its internal files. If a Receiving Party is required by law or a governmental agency to disclose the Disclosing Party's Proprietary Information, the Receiving Party must provide reasonable notice to the Disclosing Party of such required disclosure so as to permit the Disclosing Party a reasonable period of time to seek a protective order or limit the amount of Proprietary Information to be disclosed.
  2. b. Temporary Use License: During the period for which you are authorized to use the Services, and subject to your compliance with these Terms, you are granted a personal, non-sublicensable, nonexclusive, non transferable, limited license, to use the Services for your internal business or personal purposes according to the service capacity of your account. Any rights not expressly granted herein are reserved and no license or right to use any trademark/intellectual property of GeekyAnts Inc., or any third-party is granted to you in connection with the Services.
  3. c. Feedback: You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and companies and/or its affiliates under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone. Further, you warrant without restriction and will not place GeekyAnts Inc., its parent company, group that your feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any products or services that incorporate any of your feedback. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.
  4. d. Aggregate Data: We shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (excluding Your Data and data derived therefrom), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
  5. e. Customer Name: During the term of this Agreement, you grant us a non-exclusive, royalty-free, fully-paid up license to use and reproduce your trademarks, trade names and logos ("Customer Name") in our marketing materials and website(s) and to indicate that you are our customer. We will abide by any written trademark usage guidelines provided by you. All goodwill arising out of the use of your trademarks, trade names and logos shall insure to your benefit. To decline us this license you need to email [email protected]stating that you do not wish to be used as a reference.

11. Representations.

  1. a. Each party represents and warrants to the other that it has full right and power to enter into and perform under this Agreement, without any third-party consents or conflicts with any other agreement.
  2. b. You represent and warrant that:
    1. i. you own all the User Content or have obtained all permissions, releases, rights or licenses required to engage in posting and other activities (and allow us to perform its obligations) in connection with the Services without obtaining any further releases or consents;
    2. ii. the User Content and other activities in connection with the Services, and our exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy, or publicity, or other personal or proprietary right and Your Content is not defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and
    3. iii. you will use the Services only in compliance with our policies and all applicable laws and regulations.

12. Disclaimer of Warranty

  1. a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
  2. b. GEEKYANTS INC., ITS PARENT COMPANY, GROUP COMPANIES, AFFILIATES, LICENSORS, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, SUPPLIERS OR PARTNERS (Collectively, "GeekyAnts Inc. and Partners") MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEEKYANTS INC., ITS PARENT COMPANY, GROUP COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (iii) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE
  3. c. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GEEKYANTS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS , AND THIRD PARTY SERVICE PROVIDERS WILL (i) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (ii) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
  4. d. NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT GEEKYANTS INC.'S, WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

13. Limitation of Liability

  1. a. SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEEKYANTS INC. AND ITS PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  2. b. THE LIMITATIONS ON GEEKYANTS INC.'S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT GEEKYANTS INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
  3. c. SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GEEKYANTS INC. AND PARTNER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE THOUSAND DOLLARS ($1000.00), WHICHEVER IS GREATER.

14. Indemnification

  1. a. You agree to hold harmless and indemnify GeekyAnts Inc. and Partners from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, or (iv) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
  2. b. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests for assisting our defense of such matter.

15. Location of Server

  1. a. Our Servers and Data Centres (including that of our sub-processors) are located in:
    1. i. India
    2. ii. Germany
    3. iii. Sweden
    4. iv. Finland
    5. v. USA
    6. vi. Netherlands
    7. vii. England
    8. viii. Austria
    9. ix. Singapore
    10. x. United Kingdom
    11. xi. Canada
    12. xii. Australia
  • Any change to the above list that pertains to the location of the Servers will be updated in the following versions of these Terms.

    • 16.Third-Party Content and Materials

    1. a. You may be able to access or use third party websites, resources, content, communications or information ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and we disclaim any and all liabilities that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Services.
    2. b. You acknowledge and agree that we: (i) are not responsible for the availability or accuracy of such Third Party Materials; (ii) have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance upon or use of such Third Party Materials; and (iii) do not make any promises to remove Third Party Materials from being accessed through the Services.

    17.Third Party Software & Tools

    1. a. The Services may incorporate certain third party software ("Third Party Software"), which is licensed subject to the terms and conditions of such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
    2. b. You acknowledge and agree that we may use third-party Service Providers to monitor and analyze your use of our Service.

    18. Inactivity

    1. a. Username squatting policy: We prohibit account name squatting, and account names may not be inactively held for future use. Inactive accounts may be renamed or removed by our staff at their discretion. Keep in mind that not all activity on our Service Platform is publicly visible. Attempts to sell, buy, or solicit other forms of payment in exchange for account names are prohibited and may result in permanent account suspension.

    19. Trademark Violations

    1. a. When we receive reports of trademark policy violations from holders of federal or international trademark registrations, we review the account and may take the following actions:
      1. i. When there is a clear intent to mislead others through the unauthorized use of a trademark, we will suspend the account and notify the account holder.
      2. ii. When we determine that an account appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also release the username or user id, deployment URL, for the trademark holder's active use.

    20. Governing Law

    1. a. The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

    21. Disputes and Arbitration

    1. a. Binding Contract: You acknowledge that these Terms are a contract between you and us, even though it is electronic and is not physically signed by you and us, and it governs your use of the Services.
    2. b. Arbitration: Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
      1. i. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Except for small claims disputes in which you or GeekyAnts Inc., seek to bring an individual action in small claims court located in the county of your billing address or claims for injunctive relief by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services shall be finally settled by binding arbitration in San Francisco, California under the Federal Arbitration Act **** (9 U.S.C. ยงยง 1-307) and the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules. Where arbitration is not required by these Terms, the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Santa Clara, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
    3. c. CLASS ACTION: ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALES TRANSACTIONS BETWEEN YOU AND US, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS. YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION, BASED UPON ANY LEGAL THEORY INCLUDING CONTRACT, TORT, EQUITY OR OTHERWISE, AGAINST US THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE APPLICABLE ORDER.
    4. d. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction.

    22. Security

    1. a. You understand that the operation of the Services, including the User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of the User Content. We will have no liability to you for any unauthorized access or use of any of the User Content that is attributable, in whole or in part, to an insecurity in your website or project, malware or malicious content in your website or project, or any corruption, deletion, destruction or loss of any the User Content.

    23. Support.

    1. a. Subject to the terms hereof, we may, but are not required to, provide you with commercially reasonable remote technical support services during our normal business hours (Support Services). Notwithstanding anything to the contrary contained in these Terms, all Support Services are provided at our sole discretion. Furthermore, Support Services are not provided for Free Plans.

    24. Modification and Termination of Services

    1. a. GeekyAnts Inc., is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you, subject to the terms in itsPrivacy Policy.  Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added or modified or removed from the Services from time to time will be subject to these Terms, unless stated otherwise.
    2. b. You may terminate these Terms at any time by canceling your account on the Services.
    3. c. You agree that GeekyAnts Inc., in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that GeekyAnts Inc., will not be liable to you or any third party for such termination.
    4. d. You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account for our convenience, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.
    5. e. Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and indemnification.

    25. Changes to the Terms of Service

    1. a. These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review the Terms for any changes.

    26. Privacy Policy

    1. a. These Services are provided in accordance with our Privacy Policy.  You agree to the use of your User Content and personal data/information in accordance with these Terms and Privacy Policy.

    27. No Third-Party Beneficiaries

    1. a. Nothing in this Terms shall be deemed to confer any third-party rights or benefits.

    28. Miscellaneous

    1. a. If GeekyAnts Inc. or its representatives provides you with a translation of the English language version of these Terms, the English language version of these Terms will prevail over any other language version in case of any conflict.
    2. b. If any part of the Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.
    3. c. The failure of GeekyAnts Inc. to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by GeekyAnts Inc. must be in writing and shall only apply to the specific instance identified in such writing.
    4. d. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
    5. e. By using the Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable Services fees and charges related to the Services and transactional or other information concerning or related to the Services. These electronic communications are part of your relationship with us and you receive them as part of your use of the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    6. f. All communications, notices and requests to GeekyAnts Inc., in relation to the Services and the like must be made in writing and shall be emailed to[email protected]

    29. Previews:

    1. a. GeekyAnts Inc., may elect to provide certain Previews from time to time. During the Preview phase, the primary targeted users for our Services are Customers located in the geographic locations of the United States. Notwithstanding anything contained to the contrary in these Terms, Previews are provided "AS-IS", "WITH ALL FAULTS", and "AS AVAILABLE" without warranty, indemnity, support, or other commitments. You acknowledge and agree that Previews are not ready for production usage, and that your use of any Previews is at its sole risk and discretion. We may change, discontinue or terminate your use of Previews at any time without notice. You acknowledge and agree that we may track your activities, your device type, and collect various data, including analytics, about how you use and interact with our Previews."Previews" means Services, releases, features, or functionality provided for preview, pre-release, evaluation, demonstration, or similar purposes.

    30. Contact Us

    If you have any questions about these Terms, please contact us:

    By email: [email protected]