Terms of service

The Appforma Ltd. ("Appforma") enables businesses to approve templated marketing activities, customize said activities and create new marketing activities for customer acquisition and retention. Appforma’s marketing activities are supported by powerful planning and execution algorithms, and marketing tools incorporated in the platform, including but not limited to social marketing applications, Facebook advertising and moderation, point based loyalty program, life-cycle marketing, lite CRM, reporting and analytics.

When using Appforma’s or Web sites (collectively, "Services"), you (as a user and/or account owner) agree to be bound by the following terms and conditions ("Terms of Service" or Agreement). Appforma reserves the right to update and change this Agreement from time to time without notice. Any new features that are added to the current Services, including the release of new features, tools, resources, applications or any new type of Services, shall be subject to this Agreement. Your continued use of the Services after any such change(s) shall constitute your full consent to such changes. You can review Appforma most current version of the Terms of Service at any time at: http://www.appforma.com/tos If you violate any of the terms and conditions below, it will result in the termination of your account. Appforma prohibits certain conducts while using the Services. You understand and agree that Appforma cannot be responsible for content posted by you or by other users of the Services (User Content) and you agree to use the Services at your own risk.

Account Terms

1. You agree to be bound by Facebook's Statement of Rights and Responsibilities and Facebook's Pages Terms and Facebook advertising guide, as such may be amended or modified from time to time, which is incorporated by reference herein and can be found at: http://www.facebook.com/legal/terms and https://www.facebook.com/ad_guidelines.php or such other site as Facebook may set forth.
2. As part of the registration process for the Services or as part of your continued use of the Services, you will be required to provide your legal full name, a valid email address, credit card for purposes of payment and identification, and any other information requested. You agree that any registration information you provide will always be up to date and accurate.
3. Appforma will not be responsible for and does not accept any responsibility for the contents or the use of your Facebook fan page. Appforma makes no representation or warranty, whether express or implied, regarding the origin, accuracy, correctness or completeness of any information supplied by you, Facebook, or others that are not affiliated with Appforma.
4. Appforma does not imply, represent or warrant, by virtue of providing the ability to build or approve the building of Facebook fan pages and/or build or approve the building or Facebook ads campaigns, that Appforma holds or grants any license to use any text or graphics provided by Facebook or others not affiliated with Appforma. Further, your use of information obtained through the Services may be subject to restrictions imposed by one or more third-party copyright owners, including service providers to Appforma, and you agree that you shall comply with any such restrictions.
5. You grant Appforma a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content (content that is covered by intellectual property rights e.g. photos, videos , digital images and any other type of data) (collectively "IP Content"), that you post on or in connection with the use of the Services ("IP License"). This IP License will end when you delete your IP Content or terminate your account, unless your IP Content has been shared with others, and they have not deleted it. When you delete IP Content, it is deleted in a manner similar to use of the "recycle bin" on a computer. However, you acknowledge that deleted content may still exist in Appforma backup copies for a reasonable period of time.
6. It is prohibited to register or open an account with the Services using "bots" or other automated methods, including use of scripts or web crawlers.
7. It is not permitted that your login information be used by another person (i.e. - a single login shared by multiple people is not permitted). You can create, under your login account, additional collaborator to access and manage your account.
8. You will be solely responsible for maintaining the confidentiality of the passwords associated with your account. Therefore, you also agree that you will be solely responsible to Appforma or any of its affiliates for all activities that occur under your account. If you become aware of any unauthorized use of your account, you agree to notify Appforma immediately by email to:: support@algomizer.com.
9. The use of the Services for any illegal or unauthorized purpose is prohibited. When using the Services, You must not violate any laws in your jurisdiction (including but not limited to copyright laws, export laws regarding transmission of data or software to and from the United States or other relevant countries, etc.).
10. You explicitly understand and agree that Appforma shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Appforma has been advised of the possibility of such damages), resulting from your use of the Services or your use of third-party products or services accessible via the Services.
11. Abuse or excessively frequent requests to access or use the Services, via the API or otherwise, may result in the temporary or permanent suspension of your access to the Services. Appforma, in its sole discretion, will determine whether there has been abuse or excessive usage of the Services. Appforma will make a reasonable attempt via email to warn you prior to suspending your account.
12. Appforma reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services (or any part thereof) with or without notice.
13. When you visit www.appforma.com and/or chat with us and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on the www.appforma.com sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. You must be at least 13 years of age in order to use the Services.

API Terms

You may have the option, under a special agreement only, to access your Appforma account via an API (Application Program Interface). Any use of the API, directly or through a third-party product that accesses the Appforma Applications, is bound by the terms of this Agreement.

Grant of a Limited License to Use the Services

Subject to your agreement and continuing compliance with this Agreement and any other Appforma policies, such as the Privacy Policy (incorporated by reference), Appforma grants you a non-exclusive, non-transferable, revocable, non-sub licensable license right to access and use the Services via a compatible Web browser (such as Microsoft Internet Explorer, Google Chrome or Mozilla Firefox) or any mobile device, solely for the purpose of marketing your business or product in a lawful manner. You agree not to use the Services for any other purpose.

You acknowledge that in providing the Services, Appforma uses documents, software and other types of works of authorship, and other technology, software, hardware, products, processes, algorithms, user interfaces, know-how and other trade secrets (collectively the Appforma Technology) and that the Appforma Technology is covered by intellectual property rights owned or licensed by Appforma. Other than as expressly set forth in this Agreement, no license or other rights in the Appforma Technology are granted to you and all rights not expressly granted to you are expressly reserved. You agree not to modify, create derivative works of, translate, reverse engineer, decompile, disassemble the Services or otherwise recreate or gain access to the source code of the Services.

You further agree not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party; or (ii) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics or (c) copy any ideas, features, functions or graphics of the Services.

Payment, Refunds, Upgrading and Downgrading Terms

1. If you sign up, with the Service, and do not actively approve or create and run any marketing activity you will not be billed.
2. Charges for the use of the Services are billed monthly for actual activities executed and are non-refundable.
3. All charges for the use of the Services are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties in addition to your monthly account fees. You agree that we may add such charges to your credit card for payment as part of your monthly account fees.
4. The Appforma shopping cart page is secured by PCI DSS regulation standards.

Cancellation and Termination

1. It is your sole responsibility for properly canceling your account. You can cancel your account at any time by (i) submitting a cancellation request in the form of a support ticket by clicking the Support/Ask/Chat box on www.appforma.com website (ii) Sending an email to: support@algomizer.com with the instructions to cancel your account. Your cancellation request must include your name and the user name on the account. Any other method, other than to the above shall not be considered cancellation of your account or termination of the terms of this Agreement. Allow us up to 2 working days to reply your account cancelation request. A valid account cancellation request will come into effect on the same day it was requested.
2. After your account is canceled, all of your Content and account information will be deleted from our system and will not be recoverable.
3. Appforma, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Appforma Services, for any reason at any time. Such termination of Services will result in the deactivation and/or deletion of your account with no refund, and/or your access to your Account, and/or the relinquishment of all your Content in your account. Appforma reserves the right to refuse to provide any of the Services to anyone for any reason at any time.

Modifications to the Service and Prices

1. The Services prices, including but not limited to pay-as-you-go fees, for Services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Appforma Web sites (www.Appforma.com) or other method as chosen by us.
2. Appforma shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the Services. By utilizing this agreement's Services, you accept the terms herein and agree to waive your right to file a claim for losses, damages, etc. against Appforma and/or its affiliates for any such changes.
3. Appforma may, from time to time, provide promotional offers to new or existing accounts (“Promotional Offers”). Redeeming a Promotional Offers does not derogate from your responsibilities in accordance with this agreement unless specifically specified in the Promotional Offer.

Copyright and Content Ownership

1. All User Content posted on the Services must comply with your local country's copyrights laws and the U.S. copyright laws. It is your sole responsibility to fully comply with our copyright infringement notification process as described in the "Notification of Copyright Infringement Claims" section hereunder.
2. We claim no intellectual property rights over any type of content you submit, post or display, on or through the Services. Your account information or any type of content you upload while using the Services remain yours. By using our Services to publish fan pages on Facebook or any other social media channels or sites, and agreeing to these Terms of Service, you grant Appforma the non-exclusive right and license to use captured images and other data from your Facebook fan pages or any other channel or sites used by you for promotional or marketing purposes. By granting this right you agree that Appforma and its affiliates have a license to use this material or content for the sole purpose set forth in this Section. In addition, by setting your Facebook fan pages and other channel or sites to be shared publicly, you agree to allow others to view and share your User Content.
3. Appforma does not pre-screen User Content, but Appforma and its designee(s) have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Services.
4. Unless written permission is provided by Appforma nothing in this Agreement gives you a right to use, modify or remove any of Appforma names, trademarks, services marks, logos, domain names, or other distinctive brand names.
5. Appforma is the copyright owner of all content on the www.Appforma.com and any subdomain sites. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the any of the Services without express written permission from Appforma.

General Conditions

1. The use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis.
2. Technical support is only provided to paying account holders.
3. Appforma uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Services. You understand that these vendors and partners may have access to User Content, profile pages, account information or any other information submitted by you to the Services.
4. You are prohibited from modifying, adapting, and accessing without authorization or attempt to hack any of the Services. You shall not modify another Website so as to create the impression that it is associated with the Services, Appforma, or any other entity affiliated with Appforma.
5. You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission of Appforma.
6. We may from time to time, but have no obligation to, remove User Content or other information and accounts containing any information that we conclude in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party's intellectual property or this Agreement.
7. Any verbal, physical, written or other abuse, including threats of abuse or retribution of any Appforma user, customer, employee, member, or officer will result in immediate account termination without refund.
8. You understand and agree the technical processing and transmission of the Services, including your User Content, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You are not permitted to upload, post, host, or transmit unsolicited email, SMS, or "spam" messages. You are prohibited from transmitting any worms or viruses or any code of a destructive nature. These actions will result in immediate account termination without refund.
10. If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage, as determined solely by Appforma, of other Appforma customers, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption or pay Appforma for the extra bandwidth usage.
11. Appforma does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
12. Appforma may provide result estimations tools and results estimation of pre-executed activities and/or marketing plan (“Estimator” or “Estimated Results”), on Appforma’s website or Services. The estimation calculation uses a combination of industry benchmarked information, Appforma’s proprietary information and information gathered from your specific account to provide dynamic estimation of your results before actually executing marketing activities. The Estimated Results are not guaranteed and the actual results may greatly differ from the Estimated Results.
13. You expressly acknowledge and agree that appforma shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Appforma has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services.
14. The failure of Appforma to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. The Terms of Services constitutes the entire agreement between you and Appforma and govern your use of the Services, superseding any prior agreements between you and Appforma (including, but not limited to, any prior versions of the Terms of Service)

Notification of Copyright Infringement Claims

Appforma and its affiliates comply with local and U.S. copyright laws. Under the Digital Millennium Copyright Act (17 U.S.C. 512), copyright owners have the right to notify Appforma, if they believe that an account user of the Services has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted by email to: support@algomizer.com to be effective, the notification of claimed must include the following information: 1. An electronic signature of the person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed. 2. A list identifying the material(s) that are claimed to be infringing or to be the subject of infringing activity and that are to be removed or access to which are to be disabled, and information sufficient to permit Appforma to locate these materials. 3. Information reasonably sufficient to permit Appforma to contact the complaining party, such as a physical address, telephone number and an email address at which the complaining party may be contacted. 4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information in the notification is accurate, and under penalty of perjury.





Privacy Policy

This Privacy Policy (Policy) is incorporated by reference into the Terms of Service document. It describes what types of information we collect and what we do with it.

Collected Information and What We Do With It

When you register for the Services we ask for information such as your name, company name, email address, billing address, credit card information. We collect the e-mail addresses and/or phone numbers of those who communicate with us via e-mail and/or phone, aggregate information on what pages visitors to our Web site(s) access or view, and information voluntarily provided to us (such as survey information and/or account registration information). The information we collect is used to improve the content of our Web pages and the quality of our Services, and is not shared or sold to third parties for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances: It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law. In the event of merger, acquisition or name change Appforma reserves the right to assign the terms of this Agreement to such new party. Appforma may provide you with notice of such assignment via the email address provided in your account information. You may not assign this agreement without the written permission of Appforma.

Cookies

We may use cookie technology to track or record information about our Web site visitors. A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a Web site's computers and stored on your computer's hard drive. We require the use of cookie technology so that we can present the correct information to users as they move from screen to screen.
We may use cookies to record current session information, but they are not used to record personal information, or to associate personal information with the use of our Services. If you disable your Web browsers ability to accept cookies you will be able to browse the web site but you will not be able to successfully use our Services. You are required to log-in to your Facebook User Account after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

Data Storage

Appforma uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Although Appforma owns the code, databases, and all rights to the Appforma application and Services, you retain all rights to your personal information.

Disclosure

Appforma may disclose your personal information under special circumstances, such as to comply with subpoenas or if your actions violate the Terms of Service.

Changes

We may use customer information for new, unanticipated uses not previously disclosed in our Privacy notice. We may periodically update this Policy from time to time. To keep up-to-date with Appforma's Policy, please check the Privacy Policy page periodically. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Appforma account registration and we will seek your consent to such changes.
Upon request we may provide site visitors with access to information that we have collected and that we maintain about them. Upon request we offer visitors the ability to have inaccuracies corrected in contact information. You can have this information corrected by contacting Appforma. You can elect to opt out at any time.

Questions

Any questions about this Privacy Policy should be addressed to Appforma by email at: support@algomizer.com.