Terms and Conditions

Effective Date: January 2025

1. Scope

These terms and conditions apply to our services ("Services") and all purchases of products ("Products") as described below in the section 2. The Products are sold by us ("Reseller") directly through this website, appvolve.co ("Website"), or through any other distribution channels mutually agreed upon with the Supplier, including but not limited to checkouts and other digital sales platforms.

By utilizing our Website and Services, you have the opportunity to discover and purchase Products tailored for your device. When you make a purchase of Products from our Website, you acknowledge and agree that although the transaction is facilitated by us, the licensing and delivery of the Products are provided by the Supplier.

By using our Website and Services, you agree that you have read, understand, and accept these Terms and Conditions ("Terms", "Agreement"), confirm that you are at least 18 years of age (or the minimum legal age in your country of residence), and you agree to be bound by the terms contained herein and all terms, policies and guidelines incorporated in the Terms by reference (including the Privacy and Cookie Policies). If you are under the required age or are unable to provide this affirmation, you may only use the Services with the involvement and consent of a parent or legal guardian, or refrain from using our Website and Services at all.

If you have any questions or concerns about these Terms, please do not hesitate to contact us at support@appvolve.co. We are here to assist you and ensure that you have a clear understanding of our policies and procedures.

2. Definitions

For the purposes of these Terms and Conditions:

  • 'Third-party websites and services' means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by us on the Website.
  • 'Website' is our Website, accessible at http://appvolve.co.
  • 'You' means the individual accessing or using the Website or Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Services, as applicable.
  • 'Checkout' means the online checkout that you use to purchase the Product and make payment to us using payment methods such as credit card, PayPal, alternative payment methods, and bank transfer.
  • 'Product' means the Supplier's Products or other digital content licensed for use by you under the terms of the Supplier Agreement.
  • 'Supplier' means the licensor of the Product, owner or vendor of the Product.
  • 'Supplier Agreement' means the Supplier's terms and conditions, terms of use, terms of service, end-user license agreement, or any equivalent agreement with the same subject in respect of the Product.
  • 'Services' means services through which you can buy, get, license, or subscribe to the Product, including Website and Checkout.
  • 'Transaction' means acquiring the Product via our Services for free or for a charge.

3. Description

In brief:

  • Using our Services, you can find and buy the Product for your device(s).
  • Products made available through our Website are licensed to you and are not sold to you.
  • We are not responsible for any issues with the Product available via the Website and/or Third-party websites and services.
  • Your license for an application is subject to the terms of the Supplier Agreement between you and the Supplier.

We operate as an independent Reseller of our Suppliers' Products. Our Website serves as a platform where you can discover new Products offered by the Suppliers, and through our Services, you have the option to purchase them for your devices.

4. Third-party websites and services

Our Website may include links to external websites and services. Please be aware that these links, whether to third-party websites, platforms, or pages (including those of Suppliers), are provided either directly or indirectly by those parties. As a result, we cannot control or guarantee the accuracy, validity, timeliness, or quality of these links.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL PROVIDED BY SUCH THIRD-PARTY WEBSITES AND SERVICES OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THEIR USE.

5. Intellectual property rights

You acknowledge that the Website and Services, including but not limited to content, graphics, user interface, audio and video clips, editorial content, and the scripts and software used to deliver the Services, contain proprietary information and materials owned by us and/or our licensors. This information and material are protected by applicable intellectual property laws, including but not limited to copyright laws.

6. Supplier Product

Any Product supplied to you is licensed by the relevant Supplier under the terms of the Supplier Agreement included with the Product, or as otherwise agreed between you and the Supplier.

The intellectual property embodied in the Product remains the property of the Supplier at all times. You will not obtain ownership of that intellectual property ("IP"), and you will have no right to use the intellectual property or the Product until your order is processed.

7. Prohibited purposes and activities

You are prohibited from using the Website and Services to conduct the following (but not limited to) prohibited activities and facilitate the following prohibited purposes:

  • Initiation, facilitation, promotion, development, or participation in any other manner in any actions that are offensive by their nature, such as a promotion in any way racial or ethnic offenses, bigotry, hatred, physical harm of any kind against any group or individual, animal cruelty.
  • Support, promotion, sharing of the information that is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, or physical violence.
  • Promotion of the violent, repulsive, or hateful content, or content that contains, shares, or promotes misinformation, aggression, terrorism, spam, or misleading content.
  • Displaying or promotion of pornographic or sexually explicit material of any kind, including underage.
  • Promotion of unauthorized advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes.

8. Termination

You may terminate your subscription at any time by following the cancellation and/or refund procedures. Termination will become effective at the end of your current billing period. No further subscription fees will be charged after termination.

If you fail to comply, or if we suspect that you have failed to comply, with any of the provisions of this Agreement, we may, without prior notice: (i) terminate this Agreement; and/or (ii) restrict or block your access to the Services.

9. Subscriptions and Cancellation

You may purchase the Product through a recurring subscription ("Paid Subscription"), which will automatically renew unless canceled at least 24 hours before the end of the current billing period via your account settings or by contacting us directly. Please note that deleting the app does not cancel your subscription.

Cancellations take effect at the end of the current billing cycle, and no refunds will be provided for unused periods.

10. Refund Policy

We offer a 14-day money-back guarantee for purchases made directly through our Website or from us. To request a refund, contact us at support@appvolve.co within 14 calendar days of the purchase date. Refunds will be issued to the original payment method without additional fees.

Refund processing generally takes up to 10 business days after a valid request is received. A confirmation email will be sent upon refund completion.

11. Chargebacks

You agree to contact us before requesting a chargeback or disputing a transaction with your bank or card issuer. While we acknowledge that chargebacks can occur for various reasons, if you dispute a legitimate charge through an unwarranted chargeback (as determined at our discretion), we reserve the right to prohibit you from using our Services.

Any chargeback, dispute, or reversal of payment will result in immediate and permanent termination of your subscription, regardless of the dispute outcome.

12. Limitation of Liability

To the fullest extent permitted by law, we, along with our directors, employees, contractors, and agents, shall not be liable to you or any third party for any damages arising out of or related to your use of our Website and/or Services. Our total liability to you, under any circumstance, will be limited to the lesser of the amount paid by you to us during your subscription term, but no more than $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, subcontractors, and all related parties from any claims, damages, losses, and expenses, including reasonable legal and accounting fees, arising from: (i) your breach of these Terms; (ii) your use or misuse of our Website or Services; or (iii) any violation of applicable laws or third-party rights.

14. Force majeure

We shall not be in default of any obligation under the Terms if the failure to perform the obligation is due to any event beyond our reasonable control, that is unforeseeable, the occurrence and effect of which are unavoidable and insurmountable.

15. Disclaimer

The Services and Website are provided "AS IS" and "AS AVAILABLE" with no warranties of any kind. To the maximum extent permitted by law, we, along with our affiliates, licensors, and service providers, disclaim all warranties, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement.

16. Governing Law and Arbitration

These Terms are governed by the laws of England and Wales, unless mandatory local consumer protection laws apply. Before initiating any formal dispute resolution, you agree to engage in good-faith negotiations for at least 30 business days by submitting written notice to us.

If no resolution is reached, disputes (except those involving U.S. residents) shall be finally settled by arbitration under the Rules of the London Court of International Arbitration (LCIA), seated in London, United Kingdom, in English, before a single arbitrator.

For U.S. residents, these Terms are governed by the laws of the State of California. Unresolved disputes shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, it shall be amended and interpreted to fulfill its intended purpose to the fullest extent permitted by law, while the remaining provisions shall remain in full effect.

18. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

19. Changes to these Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Please check this page from time to time to take notice of any changes we made, as they are binding on you. By continuing to access or use our Website or Services after those revisions become effective, you agree to be bound by the revised terms.

20. Contact Us

If you have any questions about these Terms or our Services, you can contact us by email support@appvolve.co.