Last updated: November 16, 2022
Our Services allow you to have a mobile app for your business to be used as a Mobile Order Ahead Application, Mobile Store, or Table Ordering Application. Using our Services requires an Applova ID, which you’re responsible for keeping secure. We’re not liable for any losses from unauthorized use of your Applova ID or any data you upload (“Content”). You must comply with all applicable laws and payment-processing agreements. Any other use of the Services or Content is a material breach. We may monitor your usage to ensure compliance.
You may use the Services only to receive Services and should back up your Content regularly. Do not tamper with any security technology. Access the Services only via Applova’s unmodified software. Applova isn’t responsible for IP infringements related to your Content; by uploading it you agree to indemnify us for any claims. We reserve the right to review and remove Content at any time.
The Services include certain Mobile Services (e.g., uploading or browsing Content via an electronic device). Availability may vary by carrier or device. You agree we may communicate with you and your customers by SMS, MMS or other electronic means, and you authorize us to process your business data with partners to offer various services.
You agree to pay as set forth in the attached pricing schedule. We may change pricing with written notice. You’re responsible for all fees, regardless of whether you collect from your customers or whether this Agreement is terminated.
The Services are licensed, not sold. Applova reserves all rights not expressly granted. You get a nontransferable license to use the Services per this Agreement. You may not transfer, sublicense, copy (beyond backups), reverse-engineer, modify, or create derivative works of any part of the Services, except as required by law or permitted by open-source components.
Applova makes no warranty about legal compliance of the Services. You’re solely responsible for compliance and agree to indemnify us for any breaches.
No advice creates a warranty. Applova doesn’t guarantee uninterrupted or error-free service and may suspend or cancel Services without notice. All Services and Content are provided “AS IS” and “AS AVAILABLE.” In no event will Applova’s total liability exceed fifty dollars ($50.00). You may not export the Services except as U.S. law allows.
This Agreement is effective when signed and continues until terminated. Either party may terminate with 10 days’ written notice. Termination doesn’t affect accrued rights or your obligation to pay for Services used.
Neither party will disclose the other’s confidential information, except as required by law or if already public through no fault of the recipient.
You agree to defend, indemnify, and hold Applova harmless from any claims or losses arising from your Content, use of the Services, breach of this Agreement, or violation of laws or third-party rights.
All disputes go to binding individual arbitration under AAA rules; you waive jury trial. Venue is in New Jersey. Unenforceable provisions are severable.
This Agreement is governed by New Jersey law (excluding the UN Convention on Contracts for the International Sale of Goods). Disputes under the arbitration provision go to New Jersey courts.
You must post a compliant privacy policy and obtain customer consent for data use. Any data Applova collects is used per our Privacy Policy and for improving Services.
Sections 2–12 survive termination. We may modify this Agreement at any time; continued use implies acceptance. You agree not to reproduce or exploit the Services beyond what’s permitted here. Applova trademarks remain our property. This Agreement supersedes all prior agreements. Notices may be sent by email, mail, or posting on the Services.