1. This Agreement

1.1 The Agreement. 

The following terms and conditions (“Terms of Service” and “Agreement”) constitute a valid, legally binding agreement made between you and Apprime Studio SARL (“Apprime Studio”, “we”, “our”, “us). This Agreement stipulates your legal rights and responsibilities when you use our website, application or services offered by Apprime Studio (“Platform”).

We use the terms “User”, “you” and “your” to mean any person using our Platform. We provide our Platform to you subject to these Terms of Service. Your use of the Platform signifies that you agree to this Agreement. If you do not or are unable to agree to this Agreement, do not use our Platform.

1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we may provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we may provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.

2. Your Account 

2.1 Eligibility. Our Platform is available to anyone who is at least 13 years old. You represent that you are at least 13. 

2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of Apprime Studio community, or to protect our brand or Platform. When this happens, we may notify you of the reasons for the modification, suspension, or termination. Please email us at contact@apprime.studio if you believe the modification, suspension, or termination has occurred in error.

2.3 Account Information and Security. To use certain features of our Platform, you may need to create an account. When you create an account, you must provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, kindly email us at contact@apprime.studio.

2.4 License to the Platform and Services. Subject to your compliance with this Agreement, Apprime Studio grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.

3. Subscription Fees, Payments, and Offers

3.1 Subscription Fees Charged by Apprime Studio. The use of some of the features on our Platform is free, however, other parts of our services and features are billed on a subscription basis (“Subscription”) through Apple. If you have purchased a Subscription to our services, you will be charged on a monthly, half-yearly or yearly basis based on the plan you choose. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform without notice. You agree to pay those fees for your continued use of the applicable service. 

3.2 Apple ID Account: In-App Purchase Payment. Your Subscription will be charged to your Apple ID account at confirmation of purchase. Your Subscription will automatically renew at the end of your Subscription period unless the auto-renew is turned off at least 24 hours prior to the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period and identify the cost of the renewal. You can manage your Subscription or turn off auto-renewal at any time from your Apple ID account settings. 

Cancellation of the active Subscription period is not allowed. All Subscriptions are final and non-refundable. By accepting these Terms of Service, you agree that Apprime Studio is not required to provide a refund for any reason. Apprime Studio may change, modify, or eliminate features of the Subscription at any time, with or without notice. You agree that Apprime Studio will bear no liability to you or any third party if Apprime Studio does so. 

3.4 Free Trial. Apprime Studio SARL may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for Free Trial. If you do enter your billing information when signing up for Free Trial, you will not be charged until Free Trial has expired. After your Free Trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above. At any time and without notice, Apprime Studio SARL reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer. 

4. Your Content and Privacy

4.1 Your Content. You are responsible for the Content that you post to the Platform or otherwise provide to Apprime Studio. We use the word “Content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. 

By being responsible for your Content, you agree, among other things, that:

• You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Platform and to Apprime Studio;
• Your Content does not include personal, private or confidential information belonging to others; and
• Your Content does not otherwise violate the rights of any individual or entity.

4.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Apprime Studio and our Platform, and to ensure we do not violate any rights you may have in your Content, you hereby grant Apprime Studio a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Platform, even after you cease to be a User of the Platform.

4.3 Privacy. Apprime Studio collects registration and other information about you through our Platform. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties.

5. Your Use of Our Platform

5.1 Our Policies, Guidelines and Applicable Laws. When you use our Platform, we require that you follow these Terms of Service. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.

In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between these Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.

When the Platform uses third party services to provide certain features and services for our Users, our Users may be required to comply with the terms of service that apply to these features and services. 

If you do not comply, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion, and we may provide you with reasons for the modification, suspension, or termination. Please email us at contact@apprime.studio if you believe the modification, suspension, or termination has occurred in error.

5.2 Content of Others. Apprime Studio does not control the Content of other Users. When we become aware of inappropriate Content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other Users.

5.3 Interactions with Others. Apprime Studio is not a party to any offline arrangements made through our Platform. Apprime Studio does not conduct or require background checks on Users and does not attempt to verify the truth or accuracy of statements made by Users. Apprime Studio makes no representations or warranties concerning the conduct or Content of any Users or their interactions with you.

5.4 Prohibited Uses of the Platform. Our Platform contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Platform, or any portion of the Platform; (b) remove or alter the proprietary notices on the Platform; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Platform; and (d) rent, lease, resell, distribute, or use the Platform for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Platform to solicit or collect (i) personal data from others or (ii) sensitive personal data, as defined or treated as such under applicable law. 

5.5 Platform Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Platform for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Platform or its systems.

5.6 Platform Modifications. We work hard to continuously improve our Platform. This means that we may modify or discontinue portions or all of our Platform with or without notice and without liability to you or any third party.

5.7 Third Party Sites and Services. The Platform may contain links to third party sites, and may be integrated with various third-party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Platform.

6. Release

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“Apprime Studio Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party or your interactions with other Users. 

7. Indemnification

To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Apprime Studio Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, or (d) your violation of any law, statute, ordinance or regulation or the rights of a third party. You agree to promptly notify us of any third party Claims, cooperate with all Apprime Studio Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

8. Warranty Disclaimer and Limitation of Liability

8.1 Warranty Disclaimer. Our Platform is provided to you “as is” and on an “as available” basis and may be subject to change without notice. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, quality and performance of our Platform or the availability of the services, (b) any information, advice, services, or goods obtained through or advertised on our Platform or by us, as well as for any information or advice received through any links to other websites or resources provided through our Platform, (c) the results that may be obtained from the Platform, and (d) the correction of any errors in the Platform, (e) any material or data obtained through the use of our Platform, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Platform. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.

WITHOUT LIMITING THE FOREGOING, NEITHER APPRIME STUDIO PARTIES NOR ANYONE ASSOCIATED WITH APPRIME STUDIO REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Apprime Studio Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Apprime Studio Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any User or third party on the Platform, or (c) any other matter relating to the Platform. The limitations set forth above in this section will not limit or exclude liability for our fraud, or intentional, malicious, or reckless misconduct. 

9. Dispute Resolution

9.1 Informal Resolution. Before making any claim, you and Apprime Studio agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement. You or Apprime Studio may initiate this process by sending written notice according to section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Apprime Studio may bring a claim in accordance with this section. 

9.2 Governing Law and Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of Lebanon and subject exclusively to the Lebanese Jurisdictions. If any provision of this Agreement, or any portion of such provision is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement shall be construed to remain full valid, enforceable and binding upon the parties. 

9.3 Class Action Waiver. You agree to resolve disputes with Apprime Studio on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in any class actions, private attorney general actions, and consolidation with other arbitrations.

10. Intellectual Property

10.1 Intellectual Property of Apprime Studio. Apprime Studio trademarks, logos, service marks, and service names are the intellectual property of Apprime Studio. Our Platform, including our material on the Platform, is also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent.

10.2 Intellectual Property of Others. Apprime Studio respects the intellectual property of others, and we expect our Users to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Platform to those who we believe to be repeat infringers. 

11. General Terms

11.1 Translation. This Agreement was written in English. If there is any inconsistency between the English version and any translated version, the English version shall prevail. 

11.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to our address: Lebanon – Beirut – Hamra – Ayoubi Street – Jurdi Building – Ground Floor, or by email to contact@apprime.studio. Any notice to you shall be given to the most current email address in your account.

11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and Apprime Studio, superseding any prior agreements between you and Apprime Studio on such subject matter.

11.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Apprime Studio is intended or created by this Agreement. A User of the Apprime Studio Platform is not Apprime Studio’s representative or agent, and may not enter into an agreement on Apprime Studio’s behalf.

11.5 Time for Filing. Any Claim must be commenced within one year after the date the party asserting the Claim first knows or should know of the act, omission or default giving rise to the Claim. 

11.6 Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with Apprime Studio’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Apprime Studio’s assets, or similar transaction.

11.7 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

11.8 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Apprime Studio nevertheless agree that the court should endeavor to give effect to the parties’ intentions as Apprime Studio reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

11.9 Termination. If we terminate your account or access to our Platform, this Agreement terminates with respect to the User account that has been terminated, provided that the provisions listed in Section 11.10 will survive such termination.

11.10 Survival. Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.

11.14 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 

11.15 Violations. Please report any violations of this Agreement by a User or third party by sending an email to contact@apprime.studio.