TERMS OF SERVICE
Last Updated OCTOBER 2024
This agreement contains a mandatory arbitration clause and a class action waiver that waives your right to participate in a class action. Please review the entire document, including the dispute resolution section below, before using the Platform.
These Terms of Service govern your subscription to and use of the AppBO Platform and Services. Please read these Terms of Service carefully. Capitalized terms have the definitions set forth herein. By completing the registration process, creating an account, or accessing or using any part of the Platform or Services, you represent that:
1. You have read, understand, and agree to be bound by these Terms of Service;
2. You are of legal age to form a binding contract with AppBO;
3. The information you provided in connection with your registration for the Platform/Services is true, accurate, and complete; and
4. You have the authority to enter into these Terms of Service personally or on behalf of the business entity you represent, and to bind that business entity to the agreement.
Certain portions of the Platform may be subject to “open source” or “free software licenses,” which are governed by their respective terms of use and not by these Terms.Once accepted, these Terms of Service, in combination with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement (where applicable) (collectively referred to as the “Terms”), form a binding legal commitment between you (or the business entity that you represent) and AppBO and its officers, directors, affiliates, successors, and assigns (hereinafter referred to as “AppBO,” “we,” or “us”). These Terms govern your access to and use of the Platform and all other interactions with AppBO related to the Platform.
AppBO reserves the right to modify these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of the updated Terms.
The Platform is provided for your business use without any promise of exclusivity. AppBO’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not AppBO’s employees, contractors, or representatives. AppBO is not responsible for any interactions between you and your customers, other than providing access to the Platform. AppBO is not liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You are responsible for implementing your own terms of service to govern the relationship between you and your customers.You should consult a legal advisor to ensure your use of the Platform complies with these Terms and applicable laws.
1. Use of the Platform
1.1 Restrictions You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or Services if you are an employee, partner, or director of a Competitor, or if your intention is to access the Platform to compete with it.
1.2 Platform Account Ownership: Your use of the Platform is conditioned on providing complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. The person accepting these Terms is considered the Platform Account owner unless they are acting on behalf of a business entity, in which case, the business entity is the Platform Account owner. If you accept these Terms on behalf of a business entity, you represent that you have the authority to bind the business entity to these Terms. If multiple parties claim ownership of a particular Platform Account, AppBO will recognize the owner as the person who can demonstrate ownership (in whole or in part) of the underlying business entity for which the Platform Account was created, by providing government-issued documentation. If ownership cannot be determined, AppBO reserves the right to suspend or terminate the account until a resolution is reached.
1.3 Intended Use: You and your customers may use the Platform solely for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates applicable laws or regulations or engage in any prohibited activities. Additionally, you represent and warrant that:(i) You and your customers will maintain all necessary licenses, permissions, authorizations, and consents required for your obligations under these Terms;(ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform;(iii) You are fully responsible for your customers’ use of the Platform;(iv) You, your employees, agents, and customers will not misrepresent the Platform or Services;(v) You will ensure that employees with access to the Platform Account are bound by these Terms, and you will require your customers to accept terms that are at least as restrictive as these Terms;(vi) You own or control all rights in and to any content you provide to AppBO, including any code for customizing the Platform for your customers;(vii) You, your employees, and your customers will cooperate with requests for information from law enforcement, regulators, or telecommunication providers;(viii) You will not give access to the Platform or Services to a direct Competitor of AppBO;(ix) You will not reverse engineer, decompile, disassemble, or attempt to uncover the source code, object code, underlying structure, ideas, or algorithms of the Platform;(x) You will not modify, translate, or create derivative works based on the Platform (except as expressly permitted by AppBO); and(xi) You will not remove any proprietary notices or labels from the Platform.
1.4 Compliance: You are solely responsible for your use of the Platform and Services, which includes:
(a) Ensuring the quality and integrity of any data or information, including Personal Information, made available to AppBO by you or on your behalf through the use of the Platform;
(b) Securing and maintaining any required insurance; and
(c) Complying with all applicable laws and regulations, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other data privacy laws.
AppBO does not represent or warrant that your use of the Platform will ensure compliance with any laws, including but not limited to HIPAA or other data privacy regulations. You are responsible for ensuring that your use of the Platform complies with applicable laws.
1.5 Privacy: By using the Platform and providing Information on or through the Platform, you consent to AppBO’s use and disclosure of the Information in accordance with our Privacy Policy, which is incorporated herein by reference. AppBO is not responsible for the deletion or failure to store any Information or content maintained or transmitted via the Platform. If you provide your customers with access to the Platform, you are required to implement and enforce your own terms of service and privacy policy, ensuring that it offers a level of protection at least equal to that provided by AppBO. You must obtain consent from your customers, acknowledging that they agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, appropriate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to AppBO for use and disclosure in accordance with these Terms and our Privacy Policy.
1.6 Login Credentials: You are responsible for maintaining the confidentiality of your Login Credentials and for all activities that occur under your Platform Account, whether or not authorized by you. You agree to notify AppBO immediately of any unauthorized access or use of your Platform Account or Login Credentials, or any other breach of security. AppBO reserves the right to disable your Login Credentials at any time, at its sole discretion, for any reason, including if you violate any provision of these Terms. Platform Accounts are non-transferable. You are responsible for preventing unauthorized access to your Platform Account and Login Credentials. You also consent to AppBO accessing and monitoring your Platform Account and your customers’ accounts for support, security purposes, and/or to fulfill obligations under these Terms.
1.7 Use of Communication Services: The Platform may include certain communication features such as SMS, MMS, WhatsApp, email, and voice call capabilities. Separate Communication Surcharges may apply and will be charged to your invoice. If you use these features, you agree that you are solely responsible for all communications sent via the Platform and that you will comply with all applicable laws governing these communications, including but not limited to the Telephone Consumer Protection Act (TCPA), Do Not Call Registry Rules, and the CAN-SPAM Act. AppBO is a technology platform communication service provider only and does not originate, send, or deliver any communications on your behalf. You control all communications, including timing, sending, and fraud prevention. All communications initiated via the Platform are generated by you or your customers at your direction. Communication Surcharges are subject to the LeadConnector Terms of Service.
1.8 Third-Party Services: You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing these integrations. By purchasing or integrating Third-Party Services through the Platform, you authorize AppBO to share your data with third-party providers to facilitate the use of these services. You also represent and warrant that you have obtained the necessary consents to import any data (including customer data) into the Platform from Third-Party Services. AppBO disclaims all liability for the actions or omissions of Third-Party Service providers, including the access, modification, or deletion of your data. You waive any claims against AppBO concerning the content or operation of any Third-Party Services. Your use of Third-Party Services is governed by the terms you agree to with those providers, and you are responsible for reviewing and complying with their terms of use, privacy policies, or other agreements. AppBO disclaims all liability related to outages or downtime of Third-Party Services.
AppBO does not guarantee the integration, interoperation, or support of any Third-Party Services and may modify the Platform or Services, impacting Third-Party Services, at any time without liability. If you pause or delete your Platform Account, certain features, including Third-Party Services (such as LeadConnector phone numbers or email services), may not be recoverable. If you pause your account for more than 30 days and AppBO continues to incur costs related to Third-Party Services on your behalf, AppBO reserves the right to release associated resources, such as phone numbers, or delete your account at its sole discretion, without liability.
1.9 Third-Party Content: The Platform may include Third-Party Content, which you use at your own risk and discretion. All statements and opinions expressed in Third-Party Content are solely those of the third party and do not necessarily reflect the opinions of AppBO. AppBO is not responsible for Third-Party Content and makes no endorsements, representations, or warranties regarding such content. You assume all responsibility for ensuring that your engagement or transactions with Third-Party Content comply with these Terms and any applicable laws.
1.10 Excessive Use Restrictions; Trials: AppBO provides access to the Platform on a tiered-pricing basis, with higher tiers designed to process more data with less performance impact. We hold no liability for performance issues resulting from your excessive data use. If AppBO, at its sole discretion, determines that your data use is excessive, abusive, or negatively impacts the Platform, we may: Require you to upgrade your Services if your data usage exceeds the intended use for your current Platform tier or if operational costs to support your use exceed the subscription price; Suspend or terminate your access to the Platform or Services; and/orReduce the amount of data you are permitted to use. Trial periods are not intended for consecutive use. If we determine that you are exploiting back-to-back trials to avoid subscription fees, AppBO reserves the right to suspend or terminate your use of the Platform or Services and ban you from further access, without prejudice to any legal remedies available.
1.11 Platform Updates: AppBO reserves the right to update or modify the Platform at any time, including changes that may affect the functionality or operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent upon the future release of any specific features or functionality, including the continuation of certain Services or Third-Party Services.
1.12 International Use: If you are located in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. AppBO makes no representation that the Platform is appropriate or available for use in locations outside Canada or USA. Those who choose to access the Platform from outside Canada or USA do so at their own risk and are responsible for complying with local laws, including but not limited to the taxation of internet purchases. You agree to comply with all economic sanctions and export control laws, rules, and regulations, including those promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, Services, or any supporting technology in violation of these laws. Specifically, the Platform may not be exported or accessed:(a) In any U.S.-embargoed countries (including but not limited to Cuba, Iran, North Korea, Syria, and regions like Crimea, Donetsk, and Luhansk); or(b) By anyone listed on the U.S. Treasury Department’s list of Specially Designated Nationals or other restricted party lists.You represent and warrant that:(i) You are not named on any U.S. or international government list of prohibited persons or entities;(ii) You are not located in or registered in any Prohibited Jurisdiction;(iii) You will not allow your users to access the Platform or Services in violation of any export control laws;(iv) No data created or submitted by you is subject to disclosure, transfer, or export restrictions under applicable export control laws; and(v) You will comply with all applicable laws regarding the transmission of technical data exported from the country where you and your users are located.
You agree not to use the Platform to disclose, transfer, or export any user data to any country, entity, or party prohibited under export control laws. AppBO reserves the right to terminate access to any Platform Account if we determine that the user is engaging in prohibited use or end-use, without liability.
1.13 Artificial Intelligence Acceptable Use Policy: Before using any Artificial Intelligence (“AI”) features on the Platform, you must ensure that your jurisdiction allows the use of AI. If you choose to utilize any AI-based features of the Platform, you are responsible for ensuring compliance with our Artificial Intelligence Acceptable Use Policy, attached as Exhibit B. Your use of AI features must follow this policy, and any breach may result in suspension or termination of your access to AI features.
1.14 Domain NamesIf you purchase a domain name through the Platform, AppBO will acquire it on your behalf, and AppBO will be listed as the registrant. You must use the domain name in compliance with these Terms. Upon your written request, AppBO will transfer ownership of the domain name to you. A transfer fee may apply. You agree to indemnify and hold AppBO harmless from any claims, including attorney fees, arising from your use of the domain, especially any breaches of these Terms or violations of applicable laws.
1.15 Customer Account Transfer Requests: AppBO will not fulfill Sub-Account transfer requests made by your customers without your approval through the in-app transfer request process. AppBO will only fulfill transfer requests without your approval if:(i) The Sub-Account attempted to seek your approval through the in-app transfer request process;(ii) You have not responded to the customer for at least 30 days; and(iii) Either (a) your Platform Account was canceled (by you or force-canceled due to non-payment) and not reactivated within 30 days, or (b) your Platform Account was suspended or terminated due to a breach of these Terms.
1.16 Bug Bounty Program: AppBO does not operate a bug bounty program and does not offer rewards for identifying bugs. AppBO prohibits unauthorized access to the Platform or any of its systems or networks, including network penetration testing or security assessments, unless explicitly permitted by these Terms or by separate written agreement.
1.17 Certification Program: AppBO offers a certification for users who complete certification exams, signifying Platform expertise. Certification badges are unique to the individual who earned them and do not apply to the entire agency or other members of your organization. Misrepresentation of certification badges on stores, social media, or the Platform is prohibited. Certification badges do not indicate AppBO’s endorsement, support, or affiliation with any individual. AppBO is not liable for any business you generate (or fail to generate) as a result of certification.
1.18 E-Commerce Products and Services: You are solely responsible for all materials sold through the Platform or Services, including descriptions, pricing, fees, taxes, and legal disclosures. This includes ensuring compliance with applicable laws and regulations. You must provide publicly accessible contact information, a refund policy, and order fulfillment timelines for your store. AppBO does not provide refunds to your customers, and AppBO is not responsible for pre-screening materials. We may, at our sole discretion, refuse or remove any materials that violate our Code of Conduct or these Terms. AppBO may review and delete materials submitted to the Platform, though it is not obligated to do so. The Platform is not a marketplace, and any contracts of sale are between you and the customer. You are the seller of record for all items sold through the Platform and are responsible for compliance with all legal requirements, including refunds, returns, fraudulent transactions, and consumer protection laws. AppBO is not responsible for the operation of your store or transactions, and you must ensure that your store’s terms and conditions do not conflict with these Terms. AppBO may provide services to your competitors and makes no promise of exclusivity. AppBO employees and contractors may also be customers or merchants and may compete with you.
2. Code of Conduct
By using the Platform, you represent and warrant that you will comply with the Code of Conduct as outlined in Exhibit A. AppBO reserves the right to seek all available remedies, including terminating your Platform Account, should you violate this Agreement or the Code of Conduct.
3. Payment
3.1 Fees and Auto-Renewal: You agree to provide accurate and complete billing information, including your name, address, credit card details, and phone number, and to notify us within 10 days of any changes. Your use of the Platform is subject to the timely payment of Fees, which may include subscription fees, Communication Surcharges, and other usage-based or subscription-based Fees incurred by you.Fees for subscription services will be billed in advance, either monthly or annually, depending on your chosen plan. Usage-based fees, such as Communication Surcharges, will be billed monthly as separate line items. We will automatically charge the card on file when Fees are due.
3.2 Wallets and Rebilling: Your Platform Account includes a “wallet” where you can pre-load funds to pay for Services through the Platform. By using the wallet feature, you consent to AppBO deducting amounts from the wallet to cover any due Fees. If your wallet balance becomes negative, we will automatically charge the card on file to cover the negative balance and prevent overdrafts. You consent to this charge.
3.3 Late Payments and Payment Disputes: If your credit card is declined or refuses to process the payment for any reason, AppBO will attempt to charge the card on file for a period of 7 business days. If, after re-attempting, we are still unable to process the payment, your Platform Account may be canceled for non-payment at AppBO’s discretion.You are responsible for any overdue Fees and other amounts incurred, including third-party chargeback fees or penalties. In the event legal action is required to collect balances due, you agree to reimburse us for all legal expenses, including attorney fees.If you dispute any charges on your invoice, you must notify us in writing within 30 days of the invoice date. You must pay all invoiced Fees while the dispute is being resolved, or you waive the right to dispute the charges. AppBO’s determination regarding disputed charges is final.
3.4 Cancellations You can cancel your subscription through your Platform Account, by submitting a support ticket, or by calling our support team at (855) 955-0919. You are responsible for properly canceling Services associated with your account, and you will be charged for all Fees until the cancellation is processed. AppBO will not issue refunds for failure to cancel Services correctly.
3.5 Financial Transactions and Responsibility: You are solely responsible for all financial transactions conducted by you on the Platform, including those made using billing tools provided by the Platform. This includes handling refunds, chargebacks, and all aspects of customer transactions. AppBO is not responsible for resolving issues or disputes regarding these financial transactions.You are also responsible for collecting and remitting taxes and government assessments related to the use of Services.
3.6 Refunds
3.6.1 Nonrefundable Fees: All Fees assessed by AppBO are non-refundable, including subscription Fees, Communication Surcharges, and any resale of Third-Party Services, regardless of whether you accessed or used the Platform or Services during your subscription period. You are solely responsible for any excess Fees incurred due to an error or omission made by you or a third party. AppBO does not provide refunds or credits for such errors, omissions, or partially used or unused Services. Except as required by law, AppBO reserves the right to issue or deny refunds or credits at its sole discretion, and its decision is final.
3.6.2 Pre-paid and Minimum Commitment Subscriptions: AppBO resells some Services and Third-Party Services that require pre-payment (e.g., ad-buying or other services). Unused or canceled pre-paid services are non-refundable. AppBO may, at its discretion, issue account credits for future services if you cancel pre-paid services before they are fully performed. Certain Services require a non-cancellable minimum subscription commitment, and Fees will continue to be automatically applied until the commitment is fulfilled. Some add-on services or products cannot be canceled or refunded once AppBO has technically enabled them on your Platform Account, including but not limited to the HIPAA package.
3.6.3 Wallet Credit Refunds: When your Services are canceled, terminated, or expired, it is your responsibility to request a refund of any amounts remaining in your account’s “wallet.” Any amounts remaining in the wallet for more than thirty (30) days after the expiration, termination, or cancellation of your Platform Account will be forfeited, and AppBO has no obligation to refund these amounts.
3.7 Taxes and Government Assessments: All Fees are exclusive of sales, VAT, GST, and use taxes, levies, fees, duties, interest, penalties, and other governmental assessments (“Taxes”), unless explicitly mentioned otherwise in these Terms. If applicable, business entities with a valid VAT or GST identification number should provide this number to AppBO, and you confirm that AppBO may rely on the provided number for tax purposes.Where legally applicable, AppBO may apply a VAT/GST reverse charge mechanism to shift liability for VAT/GST to you. You are solely responsible for paying any applicable Taxes related to your use of the Platform, including those associated with transactions between you and your customers. AppBO may collect Taxes as part of the Fees when legally required or as deemed appropriate, and AppBO’s decisions on which Taxes to collect are final.
If you fail to provide a valid VAT or GST identification number, VAT or GST may be assessed by AppBO. Once a Fee has been paid, AppBO will not refund VAT or GST even if you provide a valid identification number afterward. If AppBO determines additional Taxes are due, it reserves the right to recalculate and collect these from you. You agree to indemnify AppBO for any claims related to Taxes that arise from your activities on the Platform, including Taxes related to your transactions with your customers.
Taxes are non-refundable. You confirm that AppBO may rely on the name and address you provide when agreeing to the Fees or in connection with your payment method as the place of supply for tax purposes. If any amount payable to AppBO is subject to withholding or similar taxes, you are responsible for paying the withholding taxes without reducing the Fees or Taxes charged by AppBO.
4. Affiliate Program
AppBO offers an Affiliate Program under which commissions can be earned for referring new customers to AppBO. Your participation in the Affiliate Program is subject to AppBO’s approval and your acceptance of the Affiliate Agreement. To earn and receive commission payouts, you must establish a payment account linked to your AppBO account. Commissions may be forfeited if AppBO is unable to submit payment to your payment account for any reason.
Employees of AppBO are not eligible to participate in the Affiliate Program or earn commissions for at least six (6) months following the termination of their employment with AppBO.
5. Intellectual Property
5.1 Platform Content: The Platform and its content are the property of AppBO or its licensors and are protected by copyright, trademark, and other intellectual property laws. Platform content does not include User Contributions, as defined below. AppBO grants you a personal, non-assignable, revocable, and non-exclusive license to access and use Platform content for your business purposes while using the Platform. Reproduction, modification, distribution, or any other use of Platform content outside the bounds of this license is strictly prohibited without prior written permission from AppBO.
5.2 AppBO Marks and Advertisements: AppBO’s name, logo, and trademarks are the property of AppBO and may not be used without express written permission. You may not use AppBO’s Marks in any manner likely to cause confusion or in any way that misrepresents or discredits AppBO. You are not permitted to remove any AppBO Marks or proprietary notices from the Platform or any content provided.
5.3 User Contributions: User Contributions are considered non-confidential and non-proprietary. By providing content, you grant AppBO, its service providers, and their licensees a license to use, reproduce, modify, and distribute the content for the purposes of fulfilling AppBO’s obligations. AppBO does not endorse or assume responsibility for User Contributions and reserves the right to remove content that violates these Terms.You represent and warrant that:(i) You own or control all rights to the User Contributions;(ii) All User Contributions comply with these Terms; and(iii) You are responsible for the legality, reliability, and appropriateness of User Contributions.
5.4 Prohibited User Contributions: You may not post User Contributions that:(i) Are unlawful, defamatory, or abusive;(ii) Harass or intimidate individuals or groups;(iii) Infringe on intellectual property rights; or(iv) Compromise the security of the Platform or its users.
5.5 Feedback: Any Feedback you provide is considered voluntary, non-confidential, and given without expectation of compensation. By submitting Feedback, you grant AppBO a perpetual, irrevocable, and royalty-free license to use the Feedback in any manner, including creating derivative works, with no obligation to notify or compensate you.
5.6 Feedback Waiver: You release AppBO from any claims related to its use of Feedback. You agree to defend, indemnify, and hold AppBO harmless from any claims, losses, or damages that arise from the use of your Feedback, including legal costs.
5.7 Copyright; Digital Millennium Copyright Act (DMCA): AppBO operates as an online service provider and adheres to the safe harbor provisions under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, which limit liability for copyright infringement under certain conditions. AppBO respects the intellectual property rights of others and expects users of the Platform to do the same. If you believe that your copyright or intellectual property rights have been infringed by a user of the AppBO Platform, you can submit a notice of the alleged infringement.
If your content has been copied or used in a manner that violates your rights, we encourage you to notify us promptly so that appropriate action can be taken.
To file a DMCA notice, please include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you claim has been infringed. If multiple works are involved, a representative list of such works.
3. Identification of the material that is claimed to be infringing, and sufficient information to locate the material on the Platform (e.g., specific URLs or account details).
4. Your contact information, including your name, mailing address, phone number, and email address.
5. A statement affirming that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information provided in the notice is accurate, and that you are authorized to act on behalf of the owner of the copyright or intellectual property right.
AppBO will promptly respond to valid DMCA notices by removing or disabling access to the allegedly infringing material. Additionally, in cases of repeated infringement, AppBO reserves the right to terminate user accounts that are found to repeatedly violate intellectual property laws.
DMCA Notices should be sent to:
Email: info@appbo.io
AppBO may also work with its technology partners to manage the takedown and review process where applicable. These partners help facilitate the secure operation of the Platform and ensure that copyright-related claims are handled in compliance with the law. Any technology partner associated with the AppBO Platform will support our efforts to prevent and respond to copyright infringement claims, ensuring that user content and data comply with legal standards.
Counter-Notification (for Alleged Infringers):If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification. A valid counter-notification must include:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed.
3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, phone number, and email address, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which AppBO may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of that person.Upon receiving a valid counter-notification, AppBO will forward it to the original complaining party and may restore the material in question unless the original complainant files a court action seeking to restrain you from engaging in the allegedly infringing activity.
6. Disclaimers
AppBO makes no guarantees that your business will become profitable or that you will earn money by using the Platform or Services. Except as explicitly stated in these Terms, AppBO does not offer any business opportunities through the use of the Platform or Services.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH USE. APPBO SHALL NOT BE HELD LIABLE FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED THROUGH THE PLATFORM.WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY THAT:
(A) THE PLATFORM WILL MEET YOUR REQUIREMENTS;
(B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR MEET EXPECTATIONS;(D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM; OR
(E) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS NETWORKS ARE INHERENTLY INSECURE. YOU AGREE THAT APPBO IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT THROUGH THE INTERNET OR A TELECOMMUNICATION PROVIDER’S NETWORK.
APPBO MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THIRD-PARTY SERVICES OR CONNECTIONS TO THE PLATFORM, AND YOU AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTIES PROVIDED WITH RESPECT TO THIRD-PARTY SERVICES OR CONTENT AVAILABLE THROUGH THE PLATFORM ARE MADE SOLELY BY SUCH THIRD PARTIES.
WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM OR ANY SERVICES OR FEATURES THEREIN, AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY EXERCISE OF THIS RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN PRICING OR THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT ENHANCE THE THEN-CURRENT SERVICES ON THE PLATFORM WILL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE REVIEW THE LAWS IN YOUR JURISDICTION.
Beta Products or Early Release Products: From time to time, AppBO may offer the option to participate in a program that allows access to early-release or beta products, features, or documentation (collectively, “Beta Products”). Beta Products are not generally available and are provided on an “AS IS” and “AS AVAILABLE” basis, with no warranties of any kind. AppBO does not provide any indemnities, service level commitments, or warranties—express or implied, including warranties of merchantability, title, non-infringement, or fitness for a particular purpose—in connection with Beta Products. Either you or AppBO may terminate your access to the Beta Products at any time.
7. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy, and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or Services, shall be limited to the amount you paid to AppBO for Services during the three (3) month period before the act giving rise to the liability. This limitation will not apply if you are only using free Services. In such cases, if AppBO is determined to have any liability to you or any third party arising from your use of the free Services, AppBO’s aggregate liability will be limited to one hundred U.S. dollars ($100).
IN NO EVENT SHALL APPBO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM MALICIOUS CODE, LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, WHETHER OR NOT APPBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD-PARTY SERVICES.
APPBO SHALL NOT BE LIABLE FOR ANY DISRUPTION OR FAILURE OF THIRD-PARTY SERVICES OR ANY TRANSACTIONS CONDUCTED WITH THIRD PARTIES THROUGH THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE PROCESSING OF ORDERS.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
Indemnification: You agree to defend, indemnify, and hold AppBO harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including reasonable attorney fees) arising directly or indirectly from:
(a) AppBO’s reliance on data provided by you, your employees, or agents;
(b) Breach of these Terms by you or your representatives;
(c) The wrongful use or possession of AppBO’s property by you or your representatives;
(d) Negligence, gross negligence, or willful misconduct by you or your representatives;
(e) Misrepresentations made by you or your representatives;
(f) Violations of applicable law by you or your representatives;
(g) Your actions, and those of your employees, agents, or customers;
(h) Failure to obtain consents or provide notices for communications (SMS, MMS, email, etc.) sent using the Platform;
(i) Any Taxes and other fees; and
(j) Any disputes between you and your clients or customers.
If the Platform is found to violate any third-party intellectual property rights, AppBO may, at its discretion:
(a) Obtain the right for you to continue using the Platform;
(b) Modify or replace the Platform to make it non-infringing; or
(c) Require you to immediately cease using the Platform.
8. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE INITIATED WITHIN THREE (3) MONTHS AFTER THE EVENT THAT GAVE RISE TO THE ACTION OR CLAIM OCCURRED. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, REGARDLESS OF WHEN YOU BECAME AWARE OF IT.
9. Injunctive Relief
You agree that any breach of these Terms will cause irreparable injury to AppBO, for which monetary damages would not provide an adequate remedy. In such cases, AppBO is entitled to seek equitable relief, including but not limited to, injunctive relief, in addition to any other remedies available at law, without the need to post a bond or other security.
10. Waiver and Severability
No waiver by AppBO of any term or condition outlined in these Terms shall be considered a continuing waiver of such term or a waiver of any other term or condition. Any failure by AppBO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms is deemed by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.
11. Change of Control
AppBO may assign its rights under these Terms at any time without notice to you. You may not assign your rights under these Terms without AppBO’s prior written consent, which may be withheld at AppBO’s sole discretion.
12. Entire Agreement
These Terms constitute the sole and entire agreement between you and AppBO with respect to the Platform, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. These Terms may not be altered, supplemented, or amended by any other document(s) unless signed by an authorized representative of AppBO.
AppBO may enter into a separate agreement with you. The terms of such an agreement will be considered part of your entire agreement with AppBO. If there is a conflict between these Terms and the terms of your separate agreement, the terms of the separate agreement will control.
13. Term and Termination
These Terms will remain in effect as long as you maintain a Platform Account. The sections intended to survive termination will continue to be binding even after your Platform Account is closed.
13.1 Grounds for Termination: AppBO reserves the right, in its sole discretion, to suspend or terminate your access to the Platform at any time, with or without notice, and without liability for any claims, damages, costs, or losses. Any suspected fraudulent, abusive, or illegal activity may result in termination of your access to the Platform, and such activity may be reported to the appropriate authorities. AppBO also reserves the right to delete Platform Accounts that have remained inactive for 90 days or more.
13.2 No Right to Services Upon Termination: Upon termination, for any reason, your right to use the Platform will immediately cease. AppBO shall not be liable to you or any third party for any claims, damages, or losses arising from termination or suspension of your access to the Platform.
13.3 No Termination by Third-Party Users: If you received access to the Platform through a third party, AppBO has limited access to subscriptions not directly purchased through AppBO. Any user who gained access to the Platform through another party must contact the original provider for any termination inquiries.
13.4 Force MajeureIn addition to any excuses provided by applicable law, AppBO shall be excused from liability for non-delivery or delay in delivering the Platform or any associated products or services, including those provided through our technology partners, when such non-delivery or delay arises from events beyond our reasonable control, whether foreseeable or unforeseeable by either party. These events include, but are not limited to:
-Acts of nature, such as fires, floods, earthquakes, hurricanes, or other natural disasters;
-War, civil unrest, acts of terrorism, or military actions;
-Governmental actions or regulations, such as embargoes, export control restrictions, sanctions, or other government-mandated restrictions;
-Labor disturbances, including strikes, lockouts, or industrial disputes;
-Technical or infrastructural failures, including but not limited to power outages, internet service disruptions, telecommunications failures, and interruptions in service from third-party providers or technology partners;
-Pandemics, epidemics, public health emergencies, or quarantines;
-Inability to secure materials, equipment, or transportation due to reasons beyond our control;
-Cybersecurity incidents, including denial of service attacks, hacking, or other malicious activities impacting AppBO or its technology partners; and
-Failure or delays caused by third-party service providers or technology partners that supply services or infrastructure critical to the operation of the Platform. This includes any technological disruptions experienced by our technology partners that are beyond AppBO’s control but directly affect the services we provide.
AppBO relies on various technology partners to support the functionality of the Platform. Should any disruption or delay occur due to the failure or actions of these technology partners, whether it be due to infrastructural issues, security incidents, or any other circumstance beyond our control, AppBO will not be held liable for resulting service interruptions or delays. AppBO will, however, take commercially reasonable steps to restore the affected services as quickly as possible.
14. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.T
hese Terms of Service, and any disputes arising under them, shall be governed by the laws of the Province of Alberta, Canada, without regard to its conflict of law principles. Any translations of these Terms are provided for convenience, but the English version is the only valid and enforceable version.
Any controversy or claim arising out of or relating to these Terms shall be exclusively resolved through arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. This arbitration provision is governed by the Federal Arbitration Act in the United States. The arbitration proceedings shall be held in Miami, Florida, and any arbitration award may be entered in a court of competent jurisdiction.
Waiver of Class Action: All claims and disputes under this arbitration agreement must be arbitrated or litigated on an individual basis. Class actions, collective arbitrations, or claims of multiple users cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
15. Communications and Contact Information
All notices required under these Terms shall be made in writing and delivered via email. Notices to AppBO must be sent to info@appbo.io. You agree to receive notices from AppBO at the email address you provided during registration or to any other contact information we have on record. Notices are considered effective upon receipt.
AppBO may contact you regarding these Terms using any contact information you provide or through other reasonable means. If you no longer wish to receive communications from AppBO, you may unsubscribe using the link provided in such communications or by contacting us at info@appbo.io.
When you create a Platform Account, you must designate a primary email address for receiving electronic communications related to these Terms. AppBO will never ask for confidential information such as account numbers, usernames, or passwords via email. If you receive a suspicious email requesting such information, please do not respond and immediately notify AppBO by emailing info@appbo.io.
For any other feedback, comments, requests for technical support, or other communications relating to the Platform or these Terms, please contact us by email at info@appbo.io.
16. Definitions
16.1 “Communication Surcharges” Refers to any applicable fees or surcharges imposed by communication service providers or telecommunication carriers related to your use of the Platform.
16.2 “Competitor” Includes, but is not limited to, any entity engaged in providing marketing and sales platforms, SaaS, or any entity offering services similar to those offered by AppBO. AppBO reserves the sole discretion to determine whether an entity qualifies as a competitor. For clarity, AppBO clients who use the Platform are not considered competitors.
16.3 “Feedback” Refers to ideas, suggestions, and proposals provided by you to AppBO concerning improvements, enhancements, new features, or other related concepts for the Platform or Services. Feedback may include any ideas submitted through AppBO’s designated feedback channels.
16.4 “Fees” Means all charges associated with the Platform, including, but not limited to, subscription fees, add-on service fees, and other usage-based charges.
16.5 “AppBO Marks” Refers to the AppBO name, logo, and any related service marks or trademarks of AppBO.
16.6 “Information” Refers to data collected by AppBO from you and your customers on the Platform. This includes but is not limited to information necessary to create and maintain a Platform Account.
16.7 “Login Credentials” Refers to the username, password, API keys, and any other access credentials used to authenticate and gain access to your Platform Account or integrated third-party services.
16.8 “Materials” Refers to any content, such as trademarks, copyrights, products, services, photos, videos, written content, or other data provided by you or made available through the Platform.
16.9 “Platform” Refers to the combination of Services, features, content, communication tools, software, and other functionalities made available to customers via the AppBO website or mobile application.
16.10 “Platform Account” Refers to the account created by you to access and utilize the Platform.
16.11 “Platform Content” Refers to content available on the Platform, including text, images, logos, videos, and other materials accessible through the Platform, excluding User Contributions.
16.12 “Prohibited Uses” Refers to the specific behaviors and activities restricted by these Terms, as described in Section 3.
16.13 “Services” Refers to the products, features, and integrations offered by AppBO through the Platform, which may also include third-party offerings.
16.14 “Sub-Account” Refers to individual business subscriptions or accounts created under a primary Platform Account.
16.15 “Third Party Content” Refers to promotional content, links, offers, or other information provided by third parties that may be accessible via the Platform.
16.16 “Third Party Services” Refers to external websites, applications, products, or services offered by third-party providers through the Platform. This may include services integrated into the Platform via the AppBO Marketplace, external integrations, or any other third-party functionality.
16.17 “Training” Refers to instructional materials, information, or suggested best practices provided by AppBO related to the effective use of the Platform.
16.18 “User Contributions” Refers to any content or materials posted, submitted, or uploaded by you on the Platform or communicated directly to AppBO, including but not limited to text, images, or other media.
16.19 “You” or “you” Refers to the individual accepting these Terms or the business entity represented by that individual, including any agents, employees, or authorized third parties acting on your behalf.
Exhibit A: Code of Conduct
The following are considered Prohibited Uses of the Platform. Engaging in any of these activities constitutes a material breach of these Terms, for which AppBO may immediately suspend or terminate your Platform Account in accordance with these Terms:
-Compliance with Laws: Using the Platform in any way that violates applicable laws or regulations.
-Artificial Intelligence (AI) Restrictions: Using the Platform in any country that restricts or prohibits the use of Artificial Intelligence.
-Exploitation or Harm: Exploiting, harming, or attempting to exploit or harm individuals in any manner.
-Inappropriate Content: Sending, receiving, uploading, downloading, or re-using any material that does not comply with these Terms.
-Unsolicited Communications: Using the Platform to transmit unlawful advertising or promotional materials, including “junk mail,” “chain letters,” “spam,” or any other form of solicitation.
-Impersonation: Impersonating or attempting to impersonate AppBO, an AppBO employee, another user, or any person or entity (including by using email addresses associated with such persons).
-Disruptive Conduct: Engaging in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which may harm AppBO or Platform users, or expose them to liability.
-Interference with Operations: Using the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with others’ ability to engage in real-time activities on the Platform.
-Automated Tools: Using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the Platform’s materials.
-Unauthorized Access: Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, including the server, any computer, database, or system connected to the Platform.
-Cybersecurity Violations: Introducing viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material, or engaging in denial-of-service or distributed denial-of-service attacks.
-Improper Use of AI: Engaging in disinformation campaigns, generating fake support, fake reviews (astroturfing), or impersonating humans by presenting AI-generated results as human-generated content.
-Child Sexual Exploitation or Abuse Content: Generating, sharing, or promoting child exploitation or sexually explicit content.
-Fraudulent Activities: Engaging in abusive or fraudulent conduct, such as promoting or facilitating the distribution of spam, phishing, scams, or malware.
-Cybersecurity Breaches: Compromising systems, gaining unauthorized access to violate the integrity of any user, network, or computing device, or violating privacy rights as defined by applicable laws.
-Illegal Content and Activities: Engaging in illegal activities, such as providing instructions for committing crimes, promoting gambling, payday lending, or unauthorized cryptomining practices.
-High-Risk Decision Making: Using the Platform for automatic determinations of eligibility for credit, employment, education, or public assistance services without proper review and authority.
-Unauthorized Professional Advice: Engaging in the unauthorized practice of law, medicine, financial advising, or offering unreviewed legal, medical, or financial advice.
-Regulated or Military Applications: Engaging in military, warfare, weapons development, or operating critical infrastructure in sectors such as energy, transportation, and water.
-Political Campaigning or Lobbying: Engaging in political campaigning or lobbying in violation of applicable campaign finance laws.
Exhibit B: Artificial Intelligence Acceptable Use Policy
The AI features of the AppBO Platform must be used responsibly and in compliance with all relevant laws, regulations, and industry standards. The following guidelines outline prohibited uses of AI within the Platform:
1. Compliance with Legal and Regulatory Standards: AI features may not be used in violation of any relevant laws, regulations, or industry standards. This includes, but is not limited to, compliance with:
-Data protection and privacy regulations (e.g., GDPR, CCPA);
-Financial industry guidelines (e.g., PCI DSS);
-Automated decision-making processes with legal or significant personal effects;
-Intellectual property rights; and
-Geographical restrictions that limit the use of AI.
2. Non-Discriminatory Use: AI features may not be used to discriminate against individuals or groups based on religion, race, sexual orientation, gender, national or ethnic origin, political beliefs, disability, health status, trade union membership, age, or criminal convictions. You must not use AI to generate or promote biased, defamatory, harassing, bullying, or otherwise inappropriate behaviors.
3. Professional Advice Restrictions: AI features may not be used to provide individualized professional advice that typically requires licensing. This includes, but is not limited to:
-Medical advice
-Financial or tax advice
-Legal advice
Users must disclose to their customers when interacting with AI-based systems, such as chatbots or AI-generated voices, to ensure transparency.
4. Professional and Respectful Content Creation: All assets created using generative AI systems must maintain professionalism and respect. You may not use AI to generate content that includes:
-Offensive or abusive language
-Discriminatory, harassing, or biased content
The use of generative AI techniques must uphold the highest standards of professionalism.
5. Protection of Confidential and Sensitive Information: You must take all necessary precautions to protect the confidentiality and security of your users’ and customers’ sensitive information. AI features must not compromise data integrity or privacy.
6. System Integrity and Resource UsageAI usage may not damage, disable, overburden, or impair websites or servers. You must not deploy automated systems (e.g., “robots,” “spiders,” or “offline readers”) to send more requests to servers in a given time than a human can reasonably produce using a conventional browser. AI features must be applied responsibly to avoid negative impacts on system performance.
7. Misinformation and Malicious ActivitiesAI features may not be used to spread misinformation, engage in malicious activities, or cause harm to individuals or society. You must not use AI to promote false information or engage in activities that could be harmful to the public.
8. Compliance with Agreements and Code of ConductAI features must be used in accordance with the general Terms of Service and the Code of Conduct outlined in Exhibit A. Any violation of these policies will be considered a breach of the Agreement.
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