Who We Are
InteractWith, Inc. ("we", "our", "us") is a limited liability company organized and existing under the laws of the State of New Jersey.
Ability to Accept Terms of Service
You are at least 18 years of age or possess legal parental or guardian consent. You are also competent and fully able to enter into this agreement.
Compliance with Law
It is your responsibility to ensure that you comply with all applicable laws when using our services. This includes, but is not limited to, liabilities arising from use of copyrighted materials including logos and pictures, of which we do not bear any responsibilities, as further outlined in point 6 below.
Log In Information and User Responsibility
You will select log in information at registration and are solely responsible for maintaining the confidentially of this information. You agree not to assign, transfer, or sublicense your rights as a user of our service.
Credit Card Charges
If you pay for our product by credit card, you thereby grant us permission to charge your future subscription fees to your credit card during the duration of our service. If your payment cannot be charged to your credit card for any reason, then we reserve the right to withdraw your app from the respective marketplace. Additionally, we bear no responsibility of any lost revenues or material or information temporarily or permanently lost as a result of your app being withdrawn. You also affirm that the credit card used for transactions with us is in your name or you have the explicit permission from the owner of the credit card.
Intellectual Property, Privacy, and Publicity Rights
You represent and warrant to us that you will not use our service to violate the rights of any third parties, including any person's or entity's trademarks, copyrights, patents, privacy rights, or publicity rights. This includes, but is not limited to, any elements of texts, graphics, photos, designs, or artworks submitted to us for the performance of our service and promoted by you through our service. You acknowledge and agree that we cannot and do not review your submissions for violations of any third party rights or applicable law. You also represent and warrant that no such violations will occur by anyone using your log in information or the email address from which you primarily correspond with us. You will also hold us harmless, protect us, and defend us from any claim or suit arising from the use of your submissions.
Source Code Ownership
You acknowledge our status as an independent contractor and that all source code in your customized "app" remains our intellectual property at all times. You are assigned the right to use and promote that "app" while your subscription is current. We retain the right to embed a link to our website in your "app" and display your "app" in our portfolio at all times. In addition, we reserve the right to declare ourselves as the developers of your app in the marketplace.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree that you will not hold us responsible for any indirect, incidental, special, consequential, punitive or other similar damages, or lost profits for any claim arising out of your use of our product. This includes, but is not limited to, any loss (intellectual property-based, physical, financial, or otherwise) that you may incur as a result of unauthorized access to personal information despite our best attempt to keep you and your business information secure. Our total liability in any event is limited to the amount, if any, you actually paid for the use of our product during the twelve (12) months prior to your claim.
Additionally, we will use reasonable efforts to keep the service available to you during the term of your subscription. You may experience performance issues from time to time because of maintenance, temporary unavailability of our website, or reasons beyond our control. Upon this type of failure, your only remedy is to notify us immediately. If we then fail to restore service to acceptable levels with fifteen (15) days of notification, then you may terminate the service and we will owe you any pro-rata portion of your subscription remaining as of the date of notice.
You agree to indemnify and hold us harmless from any losses (including, but not limited to, attorney fees) resulting from any claims that you assert based on your use of our service, as well as claims of third parties that result from your violations of this agreement.
Third Party Service Providers
Our service involves access to various third party service providers. We do not have or maintain any control over these third party service providers and any content published by such. You hereby waive any liability against us with respect to these third parties' operations.
Each third party service provider may have its own terms of service, which you are solely responsible for reviewing. You are hereby advised to make reasonable inquiry and investigation into these service providers.
Cancellation Without Cause
We reserve the right to cancel your subscription and bar your further use of our service at anytime without cause. If we terminate your subscription without cause, then we will refund any pro-rata portion of your subscription remaining as of the date of termination.
Cancellation With Cause
We reserve the right to cancel your subscription for cause, without prior notice and without any refund, at any time for your failure to maintain your subscription fees or for any violation of any term of this agreement.
You shall notify us if you become aware that any individual or entity has violated this agreement. This includes actual, imputed, and constructive knowledge.
We reserve the right to modify this agreement and any policies affecting our service. Modification is effective upon posting to our website or distribution via email or convention mail. Your continued use of our service following notice of any modification shall be conclusively deemed an acceptance of modifications. If any change is unacceptable to you, then you may notify us immediately and require us to either make the decision that the change will not apply to you or to refund any pro-rata portion of your subscription remaining as of the date the modification.
The rights and responsibility set forth in this agreement, as well as the limitations thereto, shall survive the termination of this agreement to the fullest extent of the law. In the event of our dissolution, you will be refunded any pro-rata portion of your subscription remaining as of the date we notify you of our dissolution.
The unenforceability or invalidity of any part of this agreement shall not affect the validity of any remaining parts.
Authorship by or at the behest of a party shall not affect the construction or interpretation of this agreement.
The laws of the State of New Jersey govern this agreement. Any related disputes will be litigated or arbitrated in Hudson County, State of New Jersey. You agree to be subject to personal jurisdiction and venue in that location.
These terms of service embody the entire agreement and supersede all prior agreements, representations, and understandings related to both the parties and subject matter herein.