Terms & Conditions

Effective as of August 01, 2023

These Terms and Conditions govern your use of the AppFaktors platform and services at www.appfaktors.com, operated by AppFaktors, Inc. Please read these terms carefully before using our services.

1. Agreement between User and www.appfaktors.com

Welcome to www.appfaktors.com. The website comprises various web pages operated by AppFaktors, Inc. The site is offered conditioned on acceptance of the terms, conditions, and notices contained within. User acceptance of these Terms constitutes agreement to all such provisions. Users should read carefully and retain a copy for reference.

www.appfaktors.com is a SaaS site providing Enterprise IT application architecture management software.

2. Electronic Communications

Visiting the site or sending emails to AppFaktors constitutes electronic communications. Users consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

3. Your Account

Users are responsible for maintaining account and password confidentiality and restricting computer access. Users accept responsibility for all account activities. Accounts cannot be assigned or transferred. AppFaktors is not responsible for third-party unauthorized access resulting from theft or misappropriation. The company reserves the right to refuse service, cancel accounts, or remove/edit content at its discretion.

4. Children Under Thirteen

AppFaktors does not knowingly collect personal information from persons under thirteen years old. Users under eighteen may use the site only with parental or guardian permission.

5. Links to Third Party Sites / Third Party Services

The site may contain links to other websites not controlled by AppFaktors. The company is not responsible for linked site contents, changes, or updates. Links are provided as convenience only; inclusion does not imply endorsement or association.

Third-party services delivered via the domain may involve data sharing. Users acknowledge and consent that AppFaktors may share such information and data with any third party with whom AppFaktors has a contractual relationship to provide the requested product, service or functionality.

6. No Unlawful or Prohibited Use / Intellectual Property

Users receive a non-exclusive, non-transferable, revocable license to access and use www.appfaktors.com strictly in accordance with these terms of use. Users warrant they will not use the site for unlawful or prohibited purposes, and may not damage, disable, overburden, or impair it.

All site content — text, graphics, logos, images, compilation, and software — is AppFaktors property or supplier property, protected by copyright and intellectual property laws. Users may not modify, publish, transmit, reverse engineer, participate in transfer or sale, create derivative works, or exploit content. AppFaktors content is not for resale. Users acquire no ownership rights and receive only the licenses expressly authorized by these Terms.

7. International Users

The Service is controlled and operated by AppFaktors from USA offices. International users are responsible for local law compliance. Users agree not to use AppFaktors content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

8. Indemnification

Users agree to indemnify, defend, and hold harmless AppFaktors, its officers, directors, employees, agents, and third parties for losses, costs, liabilities, and expenses (including attorney's fees) relating to site use or inability to use it, user postings, Term violations, third-party rights violations, or applicable law violations. AppFaktors reserves the right to assume exclusive defense and control, with user cooperation.

9. Arbitration

Disputes arising from or concerning these Terms and Conditions shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or similar service in a mutually agreed location. The arbitrator's award is final, with judgment enforceable in any competent court. The prevailing party recovers costs and attorney's fees.

Parties agree to arbitrate all disputes and claims, including tort claims directly or indirectly resulting from these Terms. The Federal Arbitration Act governs interpretation and enforcement. The Arbitrator determines the entire dispute, including arbitration provision scope and enforceability. This provision survives termination.

10. Class Action Waiver

Arbitration occurs on an individual basis; class arbitrations and class/representative/collective actions are prohibited. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate multiple claims or preside over representative or class proceedings.

11. Liability Disclaimer

Site information, software, products, and services may contain inaccuracies or typographical errors. Changes are periodically added. AppFaktors and its suppliers make no representations about suitability, reliability, availability, timeliness, and accuracy for any purpose. To the maximum extent permitted by law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The company disclaims all warranties and conditions including implied warranties of merchantability, fitness for particular purpose, title, and non-infringement.

To the maximum extent permitted, AppFaktors and suppliers are not liable for any direct, indirect, punitive, incidental, special, or consequential damages whatsoever, including loss of use, data, or profits, arising from site use or performance, whether based on contract, tort, negligence, strict liability, or otherwise, even if AppFaktors has been advised of damage possibility.

12. Termination / Access Restriction

AppFaktors reserves the right to terminate user access to the Site and related services at any time, without notice, at its sole discretion. To the maximum extent permitted by law, this agreement is governed by California law, with exclusive jurisdiction and venue in California courts for all disputes.

If any provision is determined invalid or unenforceable, it is superseded by a valid, enforceable provision matching the original intent, with remaining agreement continuing in effect. This agreement constitutes the entire understanding and supersedes all prior or contemporaneous communications. Parties expressly wish all related documents to be written in English.

13. Changes to Terms

AppFaktors reserves the right to change Terms at its sole discretion. The most current version supersedes all previous versions. Users are encouraged to periodically review Terms for updates.

14. Contact Us

AppFaktors welcomes questions or comments regarding these Terms:

AppFaktors, Inc.

11403 Sitzmark Way

Truckee, California 96161

Email: [email protected]

Phone: 415-555-1212