Terms and Conditions
Last updated: Mar 12, 2024
AGREEMENT TO TERMS
These Terms of Use establish a legally binding agreement between you, whether acting individually or on behalf of an entity (“you”), and App Upgrade (“we," “us," or “our”), regarding your utilization of the https://forceupdate.app/ website, alongside any other associated media form, channel, mobile website, or mobile application linked to or connected with it (collectively, the “Site”). By accessing the Site, you acknowledge that you have read, comprehended, and consented to be bound by all these Terms of Use. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE USAGE IMMEDIATELY.
Additional terms and conditions or documents that may be published on the Site periodically are explicitly integrated herein by reference. We retain the right, at our sole discretion, to amend or modify these Terms of Use periodically. Any changes will be communicated by updating the “Last updated” date of these Terms of Use, and you relinquish any entitlement to receive specific notice of each modification. Please ensure to review the applicable Terms whenever utilizing our Site to comprehend which Terms are applicable. Your continued usage of the Site after the posting of revised Terms of Use implies your acceptance and acknowledgment of the alterations made therein.
The information furnished on the Site is not intended for distribution to, or usage by, any individual or entity in any jurisdiction or country where such distribution or usage would contravene law or regulation or would subject us to any registration prerequisites within such jurisdiction or country. Consequently, individuals accessing the Site from other locations undertake this on their own initiative and are solely liable for adhering to local laws, to the extent they are applicable.
The Site is not customized to conform with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Hence, if your interactions would be subject to such laws, you are prohibited from using this Site. Furthermore, the Site must not be used in a manner that would breach the Gramm-Leach-Bliley Act (GLBA).
The Site is designed for users aged 18 and above. Individuals under the age of 18 are prohibited from utilizing or registering for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless explicitly stated otherwise, the Site constitutes our exclusive property, encompassing all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics found on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos featured therein (the “Marks”). These elements are either owned or controlled by us, or licensed to us, and are safeguarded by copyright and trademark laws, along with various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” solely for informational and personal use. Except as expressly stipulated in these Terms of Use, no aspect of the Site, Content, or Marks may be replicated, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent.
As long as you are qualified to utilize the Site, you are granted a restricted license to access and use the Site, and to download or print a portion of the Content to which you have legitimately gained access, strictly for your personal, non-commercial use. We retain all rights not expressly conferred to you pertaining to the Site, Content, and Marks.
USER REPRESENTATIONS
Unless explicitly stated otherwise, the Site constitutes our exclusive property, encompassing all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics found on the Site (collectively, the “Content”), as well as the trademarks, service marks, and logos featured therein (the “Marks”). These elements are either owned or controlled by us, or licensed to us, and are safeguarded by copyright and trademark laws, along with various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” solely for informational and personal use. Except as expressly stipulated in these Terms of Use, no aspect of the Site, Content, or Marks may be replicated, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our explicit prior written consent.
As long as you are eligible to utilize the Site, you are granted a restricted license to access and use the Site, and to download or print a portion of the Content to which you have legitimately gained access, strictly for your personal, non-commercial use. We retain all rights not expressly conferred to you pertaining to the Site, Content, and Marks.
USER REGISTRATION
Registration with the Site may be mandatory in certain instances. By doing so, you consent to maintaining the confidentiality of your password and assume responsibility for all activities conducted using your account and password. We retain the right, at our sole discretion, to revoke, reclaim, or modify a username selected by you if we determine it to be inappropriate, obscene, or otherwise objectionable.
FEES AND PAYMENT
In certain instances, accessing some of our services may necessitate a purchase or payment of a fee. By doing so, you agree to furnish current, comprehensive, and accurate purchase and account details for all transactions conducted via the Site. Additionally, you commit to promptly updating account and payment information, including email address, payment method, and payment card expiration date, to ensure the smooth completion of your transactions and enable us to contact you when necessary. Purchases made via the Site will be billed through an online billing account. As required by us, sales tax will be appended to the purchase price. We retain the right to adjust prices at any time, with all payments to be made in U.S. dollars.
You are responsible for settling all charges or fees at the prevailing prices for your purchases, and you authorize us to debit your chosen payment provider for such amounts upon completing your purchase. If your purchase involves recurring charges, you consent to our recurrently charging your payment method without necessitating your prior approval for each instance, until you inform us of your cancellation.
We reserve the prerogative to rectify any errors or inaccuracies in pricing, even subsequent to the initiation of payment. Additionally, we retain the right to decline any order placed through the Site.
MONTHLY SUBSCRIPTION
If you've opted for a monthly subscription, your subscription will automatically continue on a month-to-month basis unless canceled by you or terminated by us. To prevent billing for the next month's subscription fees, you must cancel your subscription before it renews each month. Monthly renewals take place on the anniversary of your initial purchase date. The monthly fee will be charged to the Payment Method provided during registration or in your account settings. Subscription fees are considered fully earned upon payment.
With a monthly subscription, your license to use App Upgrade will be extended monthly and remains valid for the duration of one complete month (for instance, from July 14, 2019, until August 14, 2019).
YEARLY SUBSCRIPTION
If you've selected a yearly subscription term, your subscription will automatically renew on a year-to-year basis unless canceled by you or terminated by us. To avoid being billed for the next year's subscription fees, you must cancel your subscription before it renews each year. Yearly renewals occur on the anniversary (month and day) of your initial purchase date. The yearly membership fee will be charged to the Payment Method provided during registration or in your account settings. Subscription fees are considered fully earned upon payment.
With a yearly subscription, your license will be extended annually and remains valid for the duration of the year you've paid for (for instance, from July 14, 2019, until July 14, 2020).
PROHIBITED ACTIVITIES
You are prohibited from accessing or utilizing the Site for any purpose other than that for which we have made it available. The Site may not be utilized in connection with any commercial activities unless explicitly endorsed or approved by us.
RESTRICTIONS
You agree not to, and you will not allow others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make it available to any third party.
- Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of App Upgrade or its affiliates, partners, suppliers, or licensors of the Application.
SOCIAL MEDIA
As part of the Site's functionality, you have the option to link your account with third-party service providers' online accounts (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login details through the Site; or (2) permitting us to access your Third-Party Account, as permitted under the relevant terms and conditions governing your use of each Third-Party Account. By linking your account with a Third-Party Account, you confirm that you are authorized to disclose your Third-Party Account login details to us and/or grant us access to your Third-Party Account without violating any terms and conditions governing your use of the applicable Third-Party Account. This action does not oblige us to pay any fees or subject us to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you acknowledge that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (referred to as the “Social Network Content”) so that it is accessible on and through the Site via your account, including, without limitation, any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you select and subject to the privacy settings you have configured in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be accessible on and through your account on the Site. Please be aware that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site. You retain the ability to sever the connection between your account on the Site and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR INTERACTION WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We do not undertake to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and we disclaim responsibility for any Social Network Content.
You acknowledge and consent that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of those contacts who have also registered to use the Site. You can sever the connection between the Site and your Third-Party Account by contacting us using the information provided below or through your account settings (if applicable). We will endeavor to erase any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and consent that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our exclusive property. We shall possess all rights, including intellectual property rights, and are entitled to freely use and distribute these Submissions for any lawful purpose, whether commercial or otherwise, without acknowledgment or compensation to you. By providing Submissions, you waive all moral rights associated with them, and you warrant that they are original to you or that you have the right to submit them. You agree not to hold us liable for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
We retain the right, though not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Site in a manner intended to safeguard our rights and property and to ensure the proper functioning of the Site.
PRIVACY POLICY
We prioritize data privacy and security. By utilizing the Site, you consent to adhere to our Privacy Policy accessible on the Site, which is integrated into these Terms of Use.
TERM AND TERMINATION
These Terms of Use shall remain effective throughout your use of the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RETAIN THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY INDIVIDUAL FOR ANY REASON OR FOR NO REASON WHATSOEVER. SUCH REASONS MAY INCLUDE, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT STIPULATED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, DELETE YOUR ACCOUNT, AND REMOVE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT PRIOR WARNING, AT OUR SOLE DISCRETION. Should we terminate or suspend your account for any reason, you are expressly prohibited from re-registering or creating a new account under your name, a fabricated or borrowed name, or the name of any third party, regardless of whether you may be acting on behalf of said third party. Alongside terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive remedies.
MODIFICATIONS AND INTERRUPTIONS
We retain the right to alter, modify, or remove the contents of the Site at our sole discretion and without notice, for any reason or at any time. Nonetheless, we are under no obligation to update any information on our Site. Additionally, we reserve the right to amend or discontinue all or part of the Site without prior notice at any time. We shall not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the Site.
We cannot guarantee uninterrupted availability of the Site. We may encounter hardware, software, or other issues, or may need to conduct maintenance related to the Site, leading to interruptions, delays, or errors. We retain the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notifying you. You acknowledge and agree that we bear no liability whatsoever for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use shall be construed to compel us to maintain and support the Site or to provide any corrections, updates, or releases in connection therewith.
CORRECTIONS
The Site may contain information that includes typographical errors, inaccuracies, or omissions, such as descriptions, pricing, availability, and other details. We retain the right to rectify any such errors, inaccuracies, or omissions, and to amend or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND YOUR USAGE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY LINKED WEBSITES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO OR USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR PERSONAL/FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES TRANSMITTED THROUGH THE SITE BY THIRD PARTIES; AND (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE, LINKED WEBSITES, OR ANY BANNER OR OTHER ADVERTISING. WE ARE NOT LIABLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH PURCHASING PRODUCTS OR SERVICES THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Despite the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
USER DATA
We will retain certain data that you transmit to the Site to manage its performance, along with data regarding your usage of the Site. While we conduct regular backups of data, you bear sole responsibility for all data you transmit or that pertains to any activity you engage in using the Site. You acknowledge that we bear no liability to you for any loss or corruption of such data, and you hereby relinquish any claims against us arising from such loss or corruption of data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Site, sending us emails, and completing online forms, you engage in electronic communications. You thereby consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications provided to you electronically, whether via email or on the Site, fulfill any legal requirement for written communication. You expressly agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or through the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records, or that dictate payments or the granting of credits by means other than electronic methods.
MISCELLANEOUS
These Terms of Use, along with any policies or operating rules posted by us on the Site or regarding the Site, constitute the complete agreement and understanding between you and us. Our failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use are governed by the fullest extent permissible by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We are not liable for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use, and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms of Use will not be construed against us merely because we drafted them. Furthermore, you waive any defenses based on the electronic form of these Terms of Use and the absence of signatures by the parties to execute them.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
FORCEUPDATE