AppInteract - Terms and Conditions Agreement

These Terms and Conditions are part of and expressly incorporated into any agreement (“Agreement”) made and entered into by and between Posh Technology Inc. (“Posh”), and the “User” specified in the signature block below. This Agreement is separate from and independent of any other Posh agreement between the Parties and this Agreement unrelated to the App and/or the Service, as defined below, and does not pertain to any products or services offered under any other such agreement. This Agreement describes the terms and conditions under which User may access and use features and technologies pertaining to the "Service" (and the App) defined and offered herein.

By accepting these Terms & Conditions, you agree to the formation and entering into a valid and binding agreement with Posh Technologies. Please read these Terms & Conditions carefully so that you know what your rights and obligations are when using the Service. Posh invites you to have these Terms & Conditions reviewed by an attorney of your choice and will assume that all Users have reviewed the Terms and Conditions and enter into this Agreement freely, voluntarily, and with knowledge and understanding of their rights and obligations. Posh and User are sometimes referred to collectively as the “Parties.” Each may be referred to individually as a “Party.”

  1. Definitions
    • 1.1. In these Terms & Conditions the following terms, whether used in the singular or the plural, will have the indicated meanings:
      • 1.1.1. Account: the Account, being an online section within the Service, made available to the User by Posh upon registration for the Service. The Account (a) can be used by the User to manage and configure (i) its settings for use of the Service and (ii) its Personal Data, and (b) is necessary to have access to and make use of the Service.
      • 1.1.2. Agreement: the agreement between Posh and the User for access to and use of the Service
      • 1.1.3. App: the application the User develops with the Service for publication in the Provider Platforms, as further described on the Website and/or in the Service. The User is ultimately responsible for the content of its App and for publishing or providing the App to the Provider Platforms, as well as any failure by a Provider Platform to make the App available to end users for download.
      • 1.1.4. Posh: the private company with limited liability in accordance with the laws of the State of Washington.
      • 1.1.5. Content: any content provided by the User by means of the Service, such as the content for inclusion in the App. The User is ultimately responsible for all content on its website and/or App.
      • 1.1.6. Credentials: the User’s username and password that are required to register for an Account and to have access to and make use of the Service;
      • 1.1.7. Intellectual Property Rights: any intellectual property rights and associated rights, including but not limited to copyrights, database rights, design rights, rights to domain names, model rights, neighboring rights, patents and patent applications, trademark and service mark rights, trade name rights, trade secrets, moral rights, privacy and confidentiality rights, as well as rights to know-how.
      • 1.1.8. Parties: User and Posh
      • 1.1.9. Personal Data: any data that is provided in the use of the Service and that directly or indirectly relates to a natural person;
      • 1.1.10. Privacy Statement: Posh's privacy statement, available at here.
      • 1.1.11. Provider Platform(s): the mobile platforms of mobile platform providers Apple Computer, Inc. (Apple) (iOS) with/and its Apple App Store and Google Inc. (Google) (Android) with/and its Google Play Store and Windows Phone with/and its Windows App Store;
      • 1.1.12. Service: the Service for which Parties concluded an (subscription) agreement for the provision thereof, and which is subject to this Agreement, such as the transmission of the App to and for the purpose of publishing the App through the Provider Platform and keeping the App published in the Provider Platform, including but not limited to the access to and the use of the Website and the App by means of the Account, for the purpose of developing, testing, publishing, analyzing and/or updating the App, as further described on the Website and/or in the Service.
      • 1.1.13. Subscription Term: User's choice of monthly or yearly subscription plans for the use of Service, set and agreed by User at the beginning of a subscription.
      • 1.1.14. User: a natural person and/or legal entity – that entered into and concluded this Agreement with Posh.
      • 1.1.15. Appinteract: the application that runs on a web browser and the User develops with and through the Service, as further described on the Website and/or in the Service.
      • 1.1.16. Website: the Appinteract website, available at www.appinteract.com, underlying (sub-) domains and any underlying pages, owned by Posh.
  2. Scope
    • 2.1. These Terms & Conditions apply to, and are expressly incorporated into, the Agreement, the use of and access to the Service by User, and any other legal and/or non-legal acts or events between Parties relating to the App and/or the Service.
    • 2.2. Posh may amend these Terms & Conditions at any time. The User may or may not be individually notified of any amendments upon logging in to the Service. The new version of the Terms & Conditions will be available for viewing and downloading at the Website and/or through the Service. If the User continues to use the Service after the Terms & Conditions have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms & Conditions. If the User does not agree with the amended or supplemented Terms & Conditions, the User’s exclusive remedy is to no longer use the Service and to terminate its Account. The User hereby expressly assumes all risks of terminating its Account or the use of the Service. User is responsible for periodically reviewing these Terms and Conditions.
    • 2.3. If any provision in these Terms & Conditions is held to be void or unenforceable, in whole or in part, the other provisions of these Terms & Conditions will remain in full force and effect. In such a case, Posh will replace the void or unenforceable provisions with new ones in an updated set of Terms and Conditions. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.
    • 2.4. Posh explicitly rejects the applicability of any general (purchase) conditions used by User.
    • 2.5. Any variation on or to the Agreement or Terms & Conditions will be valid only if and to the extent that it has been expressly confirmed by Posh in writing.
    • 2.6. If any provision of the Terms & Conditions contradicts one or more provisions of the Agreement, the provisions of these Terms & Conditions will prevail, unless explicitly agreed upon otherwise by all Parties.
    • 2.7. In the event User makes use of the Service for its own customers (and thus, acts as a “reseller” of the Service), the User agrees and warrants to have its own customers be bound to these Terms & Conditions. User, in that event, will be fully liable for the use of the Service by its own customers and agrees to indemnify and hold Posh harmless for any such use of the Service. Posh hereby disclaims any and all liability for any such resale use.
    • 2.8. The Agreement will be formed and binding at the moment the User accepts the offer by means of publication of the App and selection of Subscription Term, and the conditions thereby stipulated have been fulfilled. Posh will normally confirm the receipt of acceptance of the Agreement electronically, by means of the email address provided by User (see article 3).
    • 2.9. Together with the confirmation mentioned in Article 2.8, Posh will typically provide the User the following information in such a way that user can store it on an accessible durable medium:
      • 2.9.1. Posh’s office address and business location where User can lodge comments or complaints (see also article 9);
      • 2.9.2. the conditions under which User can revoke the Agreement and the method of doing so;
      • 2.9.3. Information regarding the warranty with regard to the Service;
      • 2.9.4. The requirements for terminating the Agreement.
  3. Account
    • 3.1. To be able to make use of and to have access to the Service, the User must create an Account in the way as described on the Website. In creating its Account, the User will be obliged to provide its own Credentials in the way described or directed on the Website. The User is responsible for keeping its Credentials confidential. User is responsible and liable for all use made of and access to the Service by means of its Account and expressly holds Posh harmless for any such use and access. Posh expressly disclaims all such liability. As soon as the User knows or has reason to assume that its Account and/or Credentials has/have come into the hands of unauthorized third party/parties or been otherwise compromised, User must immediately inform Posh of this, in addition to having to take immediate effective measures himself, herself, or itself such as changing the password to its Account.
    • 3.2. If the User is a natural person, the User must be at least sixteen (16) years old in order to make use of and to access the Service. If the User is not sixteen (16) years old yet, the User requires its parent’s or guardian’s permission to create an Account and to make use of and get access to the Service. By accepting these Terms & Conditions, the User warrants that he or she is at least sixteen (16) years old or has the permission from its parent or guardian to create an Account and to make use of and get access to the Service. Posh expressly disclaims any and all liability for use by a person who is less than 16 years old of the Service.
    • 3.3. If the User qualifies is a company, business, or other legal entity, any person using or accessing the User's Account for, on behalf of, or with the permission of the User, warrants that it is legally authorized to represent that entity and/or to use the Service and/or the Account.
    • 3.4. Posh accepts no liability for any damages resulting from unauthorized access to or use of the Service by the User or any third parties, notwithstanding article 10. User expressly agrees to indemnify and hold Posh harmless for and from any damages resulting from any such unauthorized access to or use of the Service by the User, any third parties, or any of their invitees or agents.
  4. Service
    • 4.1. Posh hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service under these Terms & Conditions and for the duration of the subscription Agreement.
    • 4.2. User may not publish the App by other means than through the use of the Service.
    • 4.3. The use of the Service is at the User’s own expense and risk. The User is responsible for meeting the technical, legal, moral, and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service. The risk of loss, theft, or damage to any of its data or to any of its websites will at all times be borne by the User.
    • 4.4. Any use of the App, including the transmission, distribution, modification, and making available thereof, and any other (legal) act relating to the App, by or on behalf of the User, Platform Providers and/or end-users is at the User's own risk and responsibility. Posh is not liable and/or responsible for the content of the App, for any use or misuse of the App by any person or entity, including the User, and for any use, misuse, publication, non-publication, or other malfeasance or non-feasance by a Platform Provider, any other person or entity, or by their respective agents, notwithstanding any other provision in the Terms and Conditions or in the Agreement to the contrary.
    • 4.5. Notwithstanding any other provisions of these Terms & Conditions, and any of the User’s legal obligations, the use of the Service, the App, and the Content may not, at Posh's sole discretion: a. include software such as viruses or Trojans that can damage or erase, make unavailable, or make inaccessible any computers or data of Posh, (other) Users, or third parties; b. bypass technical security measures of the computer systems of Posh, (other) Users, or third parties; c. involve unreasonable or disproportionate use of the infrastructure of Posh’s or third parties’ computer systems, including but not limited to any use in violation of Posh's fair use policy as described on the Website and/or in the Service; d. impede the functionality or functionalities of the Service; e. involve manual or automated software, devices, or other processes to “crawl”, “spider,” or scrape any content of the Service; f. constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing; g. infringe any of Posh’s or any third party’s Intellectual Property Rights, privacy rights or any other rights; h. involve (virtual) child pornography, bestiality, or other unlawful erotic content or acts relating thereto; i. promote or provide instructions or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury; j. involve any illegal activities or activities that are contrary to morality or public order; k. involve false, misleading information, defamatory, or sensitive personal or confidential third party information; l. involve otherwise inappropriate use; and/or m. breach these Terms & Conditions or the Agreement; and/or be unlawful in any way whatsoever.
    • 4.6. The User warrants to refrain from the acts, defined in the section above and elsewhere in these Terms and Conditions.
    • 4.7. The Service may contain information that is derived from and/or may refer to third parties’ websites, products or services (for instance through hyperlinks, banners or buttons). Posh is not responsible, nor liable for the content of any such information. User agrees to indemnify and hold Posh harmless from the publication, use, disclosure, or presentation of any information that derives from User and/or User's website, Account, or App and from User's use of the Service.
    • 4.8. The User acknowledges and agrees that Posh does not pre-screen the Content, the App, the Web App or use of the Service and that Posh had no influence over the Content, the (content of the) App or use made of the Service by User.
    • 4.9. Posh will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove Content, Apps and/or to limit and/or refuse a User access to and/or use of the Service. Additionally, in the event the Content, the (content of the) App, and/or use of and/or relating to the Service, according to Posh, violates these Terms & Conditions, and/or if Posh deems those things to be otherwise objectionable, and/or in the event Posh deems the technical functionality of the App malfunctioning, then Posh will have the right (but not the obligation), at its sole discretion, to review, edit, limit, refuse or remove Content, Apps and/or to limit and/or refuse a User access to and/or use of the Service.
    • 4.10. Posh may disclose the User’s Personal Data and/or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, internal audits, or other legal process or request by law enforcement authorities, or to exercise its legal rights of defense against legal claims or its obligation to respond to discovery in any lawsuit.
  5. Prices and payment
    • 5.1. User is obliged to pay for the Service upon submitting the App for approval and publication to the Provider Platform.
    • 5.2. Prices and payment details (including subscription terms and payment terms) are specified on the Website and/or in the Service. Prices are shown in US dollars on the Website, and are shown inclusive and exclusive of VAT, import duties, and other government imposed taxes, duties and levies. Unless otherwise explicitly stated, User is responsible for paying all taxes associated with its activities.
    • 5.3. Payment can be done by credit card (MasterCard, Visa or Amex), and/or as further described on the Website and/or in the Service.
    • 5.4. The User guarantees that the information submitted when using the Service, including without limitation, its payment details, shall be complete, correct, truthful and up to date. User assumes all liability for erroneous information supplied to Posh, to Platform Providers, or to others.
    • 5.5. The User has the obligation to inform Posh immediately about any inaccuracies in the offer provided or the payment details described, including the price. The User cannot hold Posh to any offer for the Service if the User should in all reasonableness have known that this offer and/or the price are/is an obvious mistake or obvious error in writing
    • 5.6. During the period of validity indicated in the offer for the Service, the prices of the Service will not change for the first 12 months of the Agreement, except for changes relating to VAT-tariffs increase. After such period, Posh is entitled to adjust its price for the Service, including but not limited to monthly subscription fees to (parts of) the Service, at all times. Posh shall notify the User no less than fourteen (14) days in advance. Such notice may be provided at any time by posting the changes to the Website or via the Service itself.
    • 5.7. All payments, including (paid update-) subscription fees, paid to Posh are not refundable when the App is denied and/or refused by the Provider Platform, or when the App has been removed from a Provider Platform.
    • 5.8. Any payment required by third parties, including Provider Platforms or third party software or service providers, licenses, equipment and other services fall outside the scope of the Agreement and will be charged to User separately by the concerning party or by Posh. User agrees to pay any such charges promptly and, in no event, later than 30 days after receipt or notice of the payment or charges.
    • 5.9. User will pay the amounts in accordance with the payment conditions stated by Posh.
    • 5.10. Posh will cover the cost associated with publishing the App to Provider Platforms up to 4 times in a period of 12 months. Additional publications will be charged at $10 per Provider Platform, excluding the instances when new functionality is made available to User by Posh, which requires republishing of the App.
    • 5.11. If User fails to meet its payment obligations or terminates its subscription to the Service, Posh is (also) entitled to remove and/or suspend the App from the Publisher Platform without notice and without any liability to the User. In that event, User is still obligated to paid all agreed subscription payments and prices.
  6. Publishing
    • 6.1. Posh will be regarded as the publisher of the App with all Provider Platforms.
    • 6.2. Posh will use technically reasonable efforts to have the App approved and published by the applicable Provider Platforms, but Posh does not and cannot guarantee, and is not responsible for, the acceptance and/or approval of the App by the Provider Platforms. The acceptance is subject to the relevant rules, regulations, and guidelines of Provider Platforms that may change without notice and over which Posh has no control.
    • 6.3. User shall be solely responsible for securing and paying for all digital music licenses, any public performance licenses, synchronization licenses, and any other licenses from musical composition copyright owners (or their agents) and all other content owners and intellectual property and/or other licensees required in connection all content selected by the User for use in connection with the App.
  7. Intellectual Property Rights
    • 7.1. Posh and/or its licensors reserve all rights not expressly granted to the User in these Terms & Conditions. The User acknowledges and agrees that – except as specifically set forth in these Terms & Conditions – Posh and its licensors retain all rights, title, and interest, including all Intellectual Property Rights in and to the Service, its software design and methods, any source code and object code associated with the Service, and the Website as well as to any modifications, adaptations, derivative works, or translations thereof. The User acknowledges and agrees that it does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms & Conditions. The Service is licensed, not sold.
    • 7.2. The User is not permitted to sell, rent out, transfer or grant restrictive rights to the Service, or make it available to third parties in any way or for any purpose not explicitly mentioned in these Terms & Conditions. The User will also refrain from granting third parties access – remotely or otherwise – to the Service or to provide the Service to a third party, not explicitly provided for in these Terms & Conditions. The User shall make or allow no use or disclosure of the Service or of Posh's Intellectual Property rights other than those expressly allowed by these Terms and Conditions.
    • 7.3. The User is explicitly not allowed to download, copy, amend, make available, disclose, use, or provide (all or parts of) the Service, App, Website or other materials made available to the User by means of the Service, for direct or indirect commercial purposes or for any other purposes than the purposes mentioned and intended in these Terms & Conditions, unless Posh has provided its prior written consent..
    • 7.4. User is prohibited from reverse engineering (all or parts of) the Service, App, Website or other materials made available to the User by means of the Service, to the extent legally permissible. In the event of reverse engineering permitted by a mandatory or peremptory rule of law, such as for achieving compatibility with self-written software or enabling to get the ideas, concepts and principles behind the Service, App, Website or other materials made available to the User by means of the Service, the User is only allowed to execute this legal right, after first requesting Posh to provide the necessary information to achieve such interoperability and Posh fails to provide such information within reasonable time.
    • 7.5. Posh will be permitted to install technical provisions for the purpose of protecting the Service and Website in relation to an agreed restriction on the content or the term of the right to use thereof. User is not allowed to remove or circumvent such technical provisions.
    • 7.6. Posh's obligation to provide the Service, if any, and the User's right of use thereof will only extend to the object code of the Service. Under no circumstance will User obtain any right, and under no circumstance will Posh be obliged to provide (a data carrier with) the source code or any preliminary materials of the provided Service.
    • 7.7. If Posh provides third party software or services, the (license) terms and conditions of that third party may be applicable to any use of such software or services, which may be the case in the event of the User providing its own code to the App, or in the event the User wishes to publish the App through Platform Providers; User guarantees that it will accept and will comply with these third party's terms and conditions. Posh is no party to such an agreement, and User agrees to indemnify and hold Posh harmless for any claims or damages under such an arrangement or for the provision of any such third party software, services, or license.
    • 7.8. The User will retain all the rights, title and interest, if any, including the Intellectual Property Rights, to the Content when finished and/or published. However, all the rights to the programming code, content management system, and Service, including all improvements and derivatives thereof, will remain with Posh and/or be solely owned by Posh.
    • 7.9. User agrees and acknowledges that by providing any Content by means of the Service it automatically grants Posh a royalty-free, fully-paid, unencumbered, world-wide, non-exclusive license and right to use, reproduce, circulate, and make public the Content in connection with the Service and to use the Content on the Website, App for enabling Posh to provide the Service to User and for Posh’s own marketing and/or promotional purposes in connection with the Service.
  8. Content on (Web) Apps
    • 8.1. Posh is not able to establish the actual content ownership created and/or uploaded to the App. For any and all content created and/or uploaded to the App, User shall be deemed to be the owner of such content and/or have in its possession a license and/or permission to use the content. The User is explicitly not allowed to create and/or upload content to the App of which User is not the owner, and/or has no license and/or permission to use the content. User agrees to indemnify and hold Posh harmless for any claims and/or damages arising from any person's use of the content created and/or uploaded to the App.
    • 8.2. Posh enables the User to implement in the App content hosted on third party websites. The use of such third party content shall be governed by the terms of use of these third party websites and/or the end user license agreement of the third party providing the content. User is required to comply with the terms of any third party. Posh is not responsible or liable for the availability and accessibility of such third party content.
    • 8.3. Posh may also provide through the Service content of which the owner is a third party. User understands and agrees that Posh is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to remove such third party content from the Service and/or demand that User removes such third party content from the App.
    • 8.4. Except as specifically provided and allowed by Posh and/or the third party owner, User is explicitly not allowed to reverse engineer, decompile or disassemble any third party content, and in addition, User shall not modify, duplicate, distribute, reproduce, sublicense, display, transfer, create derivative works from, assign, or otherwise use the third party content.
    • 8.5. Posh is not responsible or liable with regard to any third party services used by User or provided through the Service. Use of these third party services shall be at User’s own responsibility and liability.
  9. Privacy
    • 9.1. In the event that Posh deems this of importance for the execution of the Agreement, the User will inform Posh, on its first request and in writing, of the manner in which the User fulfils its obligations under the Personal Data Protection Act, and / or other applicable legislation on the protection of personal data.
    • 9.2. Posh will not process Personal Data, other than for the provision of the Service.
    • 9.3. Posh will not share personal information from User with third parties unless Posh has obtained permission thereto or is required to do so by law.
    • 9.4. The responsibility for processing Personal Data by using the Service or App lies solely with User. User warrants that the content, use and / or processing of the Personal Data is not unlawful and that it does not infringe any rights of third parties.
    • 9.5. As far as Posh would be obliged to provide a form of security, then this protection will meet the written specifications expressly agreed between the Parties. Posh does not guarantee that the security is effective under all circumstances. If the Agreement contains no specifications regarding the security, or if the contract contains no express definition of security, it will meet a level that is not unreasonable, given the state of the art, the sensitivity of the data, and to security related costs. The responsibility for maintaining safeguards such as firewalls, antivirus and backup lies with the User.
  10. Warranties
    • 10.1. Posh warrants that the Service fulfils the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or governmental regulations that existed on the date that the Agreement was concluded. However, Posh does not warrant that the Service is suited for other than normal designation, as described in these Terms & Conditions. Moreover, Posh does not warrant that the Service will be error free, complete or up-to-date at all times. More specifically, in the event User has not concluded an Agreement with Posh for the Service for updates of the App, it might be possible that the App will not be compatible with updated or upgraded software and/or services of third parties, including but not limited to new versions of Provider Platforms (iOS or Android updates or upgrades), API's (such as Facebook API) etc..
    • 10.2. The User agrees that the Service fulfils the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or governmental regulations that existed on the date that the Agreement was concluded, when it provides the functionality and other features as found in the Service at the time of use ("as is"). Posh does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the Internet or phone connection or as a result of viruses and/or faults/defects. Posh is not liable towards the User for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service, notwithstanding article 10.
    • 10.3. Posh is entitled to change and/or update the Service and replace the design and layout of any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
    • 10.4. Posh is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of Posh such service restriction is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure. Force majeure includes – but is not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to Posh of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.
    • 10.5. Posh does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions Provider Platforms, or payment providers – allow the use of and/or interaction with the Service.
    • 10.6. The User is responsible and liable for all use it makes of the Service, including but not limited to its use of its Account and the results of the Service, such as the App and/or notwithstanding article 10. The User indemnifies and holds Posh harmless against any and all claims by third parties in connection with or resulting from the use that the User makes of the Service, a violation by the User of these Terms & Conditions, and/or any unlawful activities. This includes, without limitation, any activities that constitute an infringement of Intellectual Property Rights or (other) rights of third parties.
  11. Limitation of liability
    • 11.1. Posh’s liability for damages for any and all claims arising from or relating to the Agreement, whether known or unknown and whether arising in law or equity, , including these Terms & Conditions, for provision or use of the Service on User's behalf or in connection with the User's App, and for any other nonfeasance or malfeasance in connection with the Agreement, the Terms & Conditions, the use of the Service, the User's App, the publication or fail to publish, distribute, or make available the App is hereby WAIVED and DISCLAIMED to the maximal extent allowed under applicable law. USER HEREBY AGREES TO INDEMNIFY AND HOLD POSH HARMLESS FOR ANY CLAIMS BY ANY THIRD PARTY RELATING TO THE CONTENT OF THE APP OR USER'S CONTENT OR WEBSITE, the functioning or non-function of the APP, and the publication or non-publication of the App by any Platform Provider. User expressly disclaims and waives all claims against Posh, or its affiliates, owners, employees, agents, and representatives, including claims to set off or contribution, relating to Posh's publication or failure to publish User's App or any claim by any third party against User or against Posh relating to User's content, the Service, the App, and/or the publication or distribution of the App or failure to publish or distribute the App.
    • 11.2. The User’s only remedy in the event of an attributable failure, unlawful acts of Posh, or any other cause or claim for damages, monies, contribution, set off, indemnification, joint and several liability, or other claim is to discontinue the use of the Service and/or to delete its Account.
    • 11.3. In the event that Posh is liable for damages under a mandatory or peremptory rule of law, the damage will be limited to compensating for direct damages for a maximum amount per event not exceeding the amounts paid by User during the month prior to the event causing the damages per event (a series of connected events being considered as one event). In no event will Posh's total, aggregate liability, exceed EUR 1,000.-.
    • 11.4. Posh's liability for consequential damages arising out of, or in connection with the Agreement or these Terms & Conditions, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill or reputation, or other incidental, indirect, punitive or exemplary damages of any kind, such as loss of data or errors in the App and/or Web App, independent of whether the User provides notice to Posh of such potential injury, damages or loss, is WAIVED and EXCLUDED and RELEASED to the maximum extent allowed under the law. Moreover, Posh´s liability is excluded for any payments made or other costs or damages relating to or caused by a Provider Platform rejecting the App, for whatever reason, for publication through such a Provider Platform.
    • 11.5. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY, DIRECTLY OR INDIRECTLY (FOR HARM TO ANY THIRD PARTY), FOR ANY LOST REVENUE, LOST PROFITS, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER REASONABLY FORESEEABLE OR NOT, REGARDLESS OF WHETHER SUCH ASSERTED LIABILITY IS BASED ON BREACH OF CONTRACT, IMPLIED CONTRACT, PRMISSORY ESTOPPEL, UNJUST ENRICHMENT, INTENTIONAL OR NEGLIGENCE-BASED TORTS, STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTIES, OR ANY OTHER LEGAL THEORY. THE PARTIES ACKNOWLEDGE THAT THE CHARGES AND FEES SET FORTH IN THESE TERMS AND CONDITIONS AND THE AGREEMENT ARE BASED ON THE PARTIES' UNDERSTANDING AND AGREEMENT THAT THEIR POTENTIAL LIABILITY TO EACH OTHER IS EXTREMELY LIMITED AS SET FORTH HEREIN.
    • 11.6. In any event, the User’s right to make any claim under the Agreement, these Terms & Conditions, unlawful act, or any other claim, demand, or request shall lapse and/or expire one (1) year after the occurrence giving rise to the claim or action.
    • 11.7. THE PARTIES AGREE THAT NO IMPLIED OR EXPRESS WARRANTIES OF ANY KIND HAVE BEEN MADE BY POSH IN CONNECTION WITH THESE TERMS & CONDITIONS, AND THE AGREEMENT, OTHER THAN THOSE EXPLICITLY STATED IN WRITING HEREIN. ALL OTHER SUCH WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSEDLY WAIVED BY THE PARTIES TO THE AGREEMENT.
  12. Term and termination
    • 12.1. The Agreement for the Service can be terminated at any time by the User at the end of the subscription period of the payment term selected at any time. At that point, any automatic payment for subscription renewals will be cancelled.
    • 12.2. In addition to the other remedies available to Posh, Posh is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to the User, entitled to: a. temporarily or permanently terminate the User’s Account and its use of the Service;; b. (temporarily) restrict or suspend the User’s activities in connection with the Service or ban a User from the Service or restrict or suspend the availability of the App; c. ban a User from using the Service and prevent banned Users from creating a new Account and/or delete Accounts created by banned Users; and/or d. (wholly or partly) edit, delete, or refuse any content or services within the Service.
    • 12.3. All provisions that are meant to survive the termination of the Agreement, including the prohibition to publish the App through other means than the Service, shall survive such termination.
    • 12.4. After termination, the User’s right to access and use the Service, shall cease to exist immediately, without any right to compensation whatsoever. In the event of termination, Posh is also allowed to delete the User’s App and to remove and/or suspend its App from the Publisher Platform without notice and without any liability to the User. Posh will not have any obligation to assist the User in migrating its data, including its App, off of the Service. Posh will keep a backup for the App for period of 30 days, after which any existing content will be deleted and removed from Posh’s servers.
  13. Contact
    • 13.2. In the event that User has a comment or complaint with regard to the Service, the User can comment or complain through the contact details SHOWN ON THE WEBSITE. Complaints about execution of the Agreement must be submitted to Posh without delay after the User has discovered any defects or causes for complaint, which in the complaint should be complete and clearly defined. Posh will reply to such a complaint within thirty calendar days calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, Posh will reply within thirty calendar days, confirming the receipt and indicating when the User can expect a more elaborate reply.
  14. Applicable law and competent court
    • 14.1. This Agreement shall be governed solely by the laws of the State of Washington, without regard to the State of Washington's Choice of Law provisions. In the event that any provision of this Agreement conflicts with governing law or if any provision is held to be null, void or otherwise ineffective or invalid by a court of competent jurisdiction, (a) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (b) the remaining terms, provisions, covenants, and restrictions of this Agreement shall remain in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
    • 14.2. Any claim, cause of action, legal complaint, or action to interpret or enforce any provision of this Agreement and/or by or for any Party to this Agreement against the other Party to this Agreement (including the Terms & Conditions) shall be brought SOLELY in the State or Federal Courts of the State of Washington. The Parties to the Agreement, including these Terms & Conditions expressly consent to the jurisdiction by the State and Federal Courts of Washington over their persons.
    • 14.3. This Agreement and all expressly referenced documents constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications, including any reseller or similar agreements previously executed by the parties. All notices, consents and approvals under this Agreement must be delivered in writing by courier, by facsimile, or by certified or registered mail, (postage prepaid and return receipt requested) to the other party at the address set forth below each Party’s signature.

Email: support@appinteract.com

Telephone Number: 425-818-7707

Mailing Address:

Posh Technologies LLC
8353 154th Avenue NE,Bldg F, Suite B,
Redmond, WA 98052

February 17, 2016