Terms and conditions for use of the BETA version of the Apance App, Cloud Storage and Website
These terms and conditions apply to the BETA version of the offerings by Apance Pte Ltd and concern use of the Apance App, Apance Cloud Storage and Apance Website.
By installing the BETA test version of the Apance App for iPad, developed by Apance Pte Ltd, using the Apance Cloud Storage and using the Apance Website you agree to be bound by these terms and conditions. Please read these Terms and Conditions of Use (“Terms”) before You download and use the Apance App for iPad and use the Apance Website.
Apance Pte Ltd provides an App for iPad that can be used for digital design. The Apance App for iPad is supported by a Cloud Storage Service where customers can store content from within the Apance App, share them with other users of the Apance App for iPad. You can create content in our iPad-app and then upload them to the cloud for viewing or collaboration, or they can save content locally on their iPad without the use of Apance Cloud Storage.
Note that all these actions in the BETA version are for trial purposes only. No rights are bound to the created content and no claims can be submitted for the loss of data or content; there are no guarantees about your content and data.
Apance Pte Ltd offers: Apance App, Apance Website, Apance Cloud Storage, Apance account (all these referred to as Apance Products) in the BETA version for test purposes only.
If you do not agree with these terms, please do not use the Apance App and Cloud Storage.
You may not accept the agreement if you are not of legal age to form a binding contract with Apance Pte Ltd.
In these Terms, the expressions and definitions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
”Content” — any content, graphic, design, fonts, document or material created with or embedded in the Apance App documents and uploaded in the Apance App Storage Cloud by you;
“Collaborators” - people with whom you share your content that may view or edit your content;
“Apance Products” - term used to refer to Apance App, Apance Website, Apance Cloud Storage, Apance Account in the BETA version for test purposes only.
“Apance Pte Ltd” — The Apance Private Limited corporation, headquartered in Singapore;
“Apance Account” — the account customers use to sign into Apance App;
“Data usage” - in general users have a small amount of free data limit of using Cloud Storage for the collaboration purposes; data limit which allows trial usage of the Apance App BETA; this data limit may be changed at any moment;
"Apance Cloud Storage” — the cloud-based services as made available by Apance Pte Ltd and accessible via the Apance App;
“Apance App BETA” — the Apance App for iPad BETA test version available on and to download from the Apple’s Testflight by invitation only.;
“Apance Policies” — the policies of Apance as made available on https://www.apance.com/ and amended from time to time, including but not limited to the Privacy Statement;
“Apance Website” - the Apance website www.apance.com;
“Ownership of data” - in the BETA version of the Apance App users can not be owners of the data nor have rights to increase/manage their cloud storage which is available purely for test purposes and may be erased at any moment;
“Content” — any media created by or stored in the Apance App or Apance Cloud Storage by you or other users.;
“Updates” — any modified versions and updates of, and additions to the Apance App and cloud storage; during the BETA phase of testing you need to be aware and agree that new updates can make your previous content unavailable;
“Sharing” — giving access with certain rights to the content that you create with Apance App; shared content can be accessed or edited by collaborators (other users of the Apance App);
”Use” — the access, download, install, copy or get benefit from using the Apance App in accordance with the documentation;
“You” — you, the final and ultimate user of the Apance App; in the BETA test phase you are a voluntary beta tester.
These Terms apply to you by Apance Pte Ltd for the use of the Apance App and Apance Cloud Storage - BETA version for test purposes, with no rights bound to use of the software, storage, created content during this phase or after.
By starting to use the Apance App BETA, you enter into an agreement with Apance Pte Ltd for the use of the Apance Products as of that date (“Effective Date”).
Your agreement with Apance Pte Ltd is governed by these Terms as well as the Apance Policies that are thereby accepted by you and includes any other (commercial) arrangements made between Apance Pte Ltd and you (“Agreement”).
You acknowledge that these Terms may be modified from time to time. Such modifications will be effective upon posting on www.apance.com or otherwise notifying you, e.g. by using the email address used for your registration or purchase.
If you do not agree with modifications to these Terms, you can terminate this Agreement by stopping to use the Apance Products and removing them from your devices.
License and Intellectual Property Rights
You grant Apance Pte Ltd a worldwide, non-exclusive, royalty free, transferable right to use, reproduce, distribute, display and perform the Content to the extent required for the provision of the Apance Products. The right granted does not entitle Apance Pte Ltd to use the Content for marketing purposes.
The license granted remains effective until such Agreement is suspended or terminated.
Apance Pte Ltd grants you a non-exclusive, non-transferable, limited, revocable license to use the Apance Products in the BETA test version. Apance Pte Ltd reserves all rights not expressly granted to you.
All rights, title, and interest in and to the Apance Products will remain the exclusive property of Apance Pte Ltd and its licensors. You may not delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Apance Products. You shall not acquire any ownership to the Apance Products as a result of your purchase or use of the Apance Products.
Nothing in the Agreement gives you the right to use Apance Pte Ltd’s name or any of Apance Pte Ltd’s trademarks, logos, domain names and other distinctive brand features.You understand and agree that Apance Pte Ltd may be independently creating content, other products and services that may be similar to or competitive with the Content.
Nothing in the Agreement will be construed as restricting or preventing Apance Pte Ltd from creating and fully exploiting any such content, other products and services without any obligations to you.
Apance Cloud Storage
You can start collaboration via the Appance App by sharing your project/design with others (other users of Apance App). Once You have started an Apance App sharing, You are the owner/Admin for that Content.
During the BETA test you may test the sharing process by sharing your content with other Apance App BETA users for the sole purpose of testing and evaluating the Apance App.
Upon expiration of the BETA test Apance Pte Ltd may delete content created during the trial phase; data may not be transferable to the release version of the Apance App.
If You are the owner for a collaboration on certain content, You can: (a) invite individuals for viewing your content and assign them the role of Contributor, or Viewer via the Apance App, (b) You can revoke the assigned role of Contributor or Viewer with immediate effect.
Others (contributors and viewers of your content) need to have installed the Apance App BETA test version to be able to view and contribute to your content.
If You are invited to be a Contributor for certain content that belongs to other creators, within the Apance App you download the content from Apance Cloud Storage. You can review the content and upload your contribution to the document by uploading to the document owner’s Cloud Storage.
In the case that this upload exceeds the purchased/available storage of the owner/creator, the action is not performed ( your contribution is not uploaded ).
If You are a Viewer of content invited by another user, You can download documents and review Content. You can not upload Content to Apance Cloud Storage of the owner.
Collaborating with other users may result in the increased use of data towards your Apance Cloud Storage limit.
Your data limit of storage is used for each or any Contributor in Your Workspace on Apance Cloud Storage; your storage may be used up by other collaborators on your content.
Apance Pte Ltd is neither responsible or liable for the Content and the consequences of uploading the Content and for sharing the Content. Once the Content is shared with other contributors or viewers it may be accessible by those users. Availability of this content to your collaborators ends after termination of this Agreement.
Apance Pte Ltd does not endorse Content you upload, or any advice, suggestion or opinion expressed in the Content.
You warrant that You have (and will continue to have during Your use of the Apance Products) all necessary licenses, rights, consents, and permissions which are required to enable Apance Pte Ltd to use the Content for the purposes of the provision of the Apance Products, and otherwise to use the Content in the manner contemplated by the Apance Products and these Terms.
On becoming aware of any (potential) violation of the Agreement, Apance Pte Ltd reserves the right (a) to remove the Content which is in violation of the Agreement and (b) to disable access to such Content at any time, without prior notice and at its sole discretion.
Apance Pte Ltd is not responsible and liable for Comments posted by You or third parties, including Comments with respect to the Content. Apance Pte Ltd does not endorse the Comments or any advice, suggestion or opinion expressed in the Comments.
You shall not post comments in the content that:are factually inaccurate, offensive, indecent, or otherwise objectionable;(in part) consist of advertisements or promotions; orare otherwise in violation of this Agreement.
Apance Pte Ltd reserves the right to remove Comments which are in violation of the Agreement at any time, without prior notice and at its sole discretion. Once Comments are shared with others, they may be accessible by users with whom You are in contact and persist after termination of Your Agreement.
You acknowledge and agree that if You provide Apance Pte Ltd with any suggestions, comments, or other feedback about the Apance Products (jointly “Feedback”), such Feedback is given voluntarily. Even if You designate such Feedback as confidential, the Feedback will not be confidential unless expressly otherwise agreed in writing by Apance Pte Ltd, and Apance Pte Ltd will be free to use, disclose, reproduce, license, or otherwise distribute or exploit the Feedback at its sole discretion without any obligations or restrictions of any kind, including without limitation, intellectual property rights or licensing obligations.
Apance Pte Ltd does not monitor the Content uploaded and shared using the Apance Products. If You believe or become aware that (a) Your copyright-protected work is made available through the Apance Products without authorization, or (b) other clearly unlawful Content is made available through the Apance Products, You may notify Apance Pte Ltd by email at support@Apance.com . Upon receipt of a notification, Apance Pte Ltd will decide at its sole discretion whether it will remove the relevant Content, taking into account the evidence provided in the notification. You acknowledge that misuse of this process may result in the suspension of Your account or other legal consequences.
Support and Updates
Apance Pte Ltd may Update or otherwise modify the Apance Products at its sole discretion. Apance Pte Ltd shall not be obligated to provide You with any such Updates.
Apance Pte Ltd does not guarantee compatibility of the documents/designs in various versions of the Apance App for iPad.If Updates are made available by Apance Pte Ltd, the terms and conditions of the Agreement will govern Your use of and access to such Updates.
Apance Pte Ltd will use its best endeavours to notify You of any available Updates.You can download available Updates of Apance App from Apple App Store, or the BETA test version from Apple Test Flight.
Any maintenance and support provided by Apance Pte Ltd, including the provision of Updates, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, and subject to availability of personnel.
Apance Pte Ltd is not obliged to provide any maintenance, technical or other support for the Apance App, including the Updates.
Restrictions and Conditions
As of the Effective Date, Apance Pte Ltd hereby grants You the right to access and use Apance App Cloud Storage, provided that You shall at all times comply with the Agreement and shall not use Apance App Cloud Storage in violation of application laws or regulations:
A: you shall not use Apance App Cloud Storage for unlawful purposes or the promotion of illegal activities;
B: you shall not use Apance Cloud Storage in a way that could be detrimental to the reputation of Apance Pte Ltd;C: imply or suggest that the Content is created or endorsed by Apance Pte Ltd or Apance Pte Ltd’s licensors;
D: probe, scan, or test the vulnerability of any Apance Pte Ltd system or network or breach or circumvent any security or authentication measures, including measures that prevent or restrict use or copying of the Content or enforce limitations on the use of Apance Cloud Storage or the content accessible via Apance App;
E: decompile, decrypt, dissemble, modify, copy, reformat, create derivative works of, or reverse engineer the Apance App;
F: exploit Apance Products commercially by for example (a) the sale of access to Apance Cloud Storage, (b) the sale of advertising or promotions placed on or within the Content or Apance Cloud or (c) the sale of advertising or promotions on any webpage containing the Content delivered via Apance Cloud Storage or Apance App;
G: impersonate or misrepresent Apance Pte Ltd or any third party when You make available the Content;
H: interfere with or disrupt Apance Pte Ltd’s services, servers or network in any way.
You acknowledge that You may be exposed to Content of third parties that are factually inaccurate, offensive, indecent, or otherwise objectionable to You. You agree to waive any legal rights or remedies You have or may have against Apance Pte Ltd with respect to any such third party Content.
Before accessing Apance Cloud Storage, You must sign-up with Your name and email to create an Apance Account, and by doing so you agree to these terms and conditions.
By signing-up, You warrant that the sign-up details used by You are accurate and up-to-date.
You are responsible for safeguarding Your password for the Apance App Account and for any activities and actions taking place under Your password. You are prohibited to share Your password with any third party.
You shall notify Apance Pte Ltd immediately of any breach of security or unauthorized use of the Apance App Account that You become aware of.
All activities that occur under the Apance App Account are Your sole responsibility.
Apance Pte Ltd reserves the right to delete Your data and Content:
- Within 90 days from the day that the Agreement is terminated, or
- Within 90 days from the last day that You accessed Your stored data and/or Content, in connection to data and Content created in the Apance App that is resident in Apance Cloud Storage
Apance Pte Ltd shall use its best endeavours to notify you via email before it deletes your data and/or Content.
Apance Pte Ltd shall not perpetually retain all versions of Content stored by You. Apance Pte Ltd may periodically delete stored Content versions but shall keep the most recently stored version of Content. Apance Pte Ltd reserves the right to delete a Content version after 90 days from the day that the Content version was stored by You or more frequently, if there are many Content versions and at Apance Pte Ltd’s sole discretion.
The Apance App and Cloud Storage is provided to You on an “as is” and “as available” basis, without warranty of any kind, express or implied, including, but not limited to, fitness for a particular purpose, availability, security, title, non-infringement or backward compatibility. No oral or written advice given by Apance Pte Ltd, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.You use the Apance Products at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
Limitation of Liability
To the maximum extent permitted by applicable law, the liability of Apance Pte Ltd, its affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Apance Products for all damages arising out of or in any way relating to the Apance Products, including Apance Cloud Storage and its trials, the Apance App,, and/or Agreement by You shall in no event exceed the total amount of 0 EUR.
In no event shall Apance Pte Ltd, its affiliates, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of the Apance Products, and/or Agreement by You be liable for indirect and/or consequential damages or purely financial loss such as missed business opportunities, lost sales, volume and profit, and data loss in connection with or arising out of the Agreement.
In addition, Apance Pte Ltd, its affiliates, personnel, subcontractors or agents shall not be liable for any loss or damage which may be incurred by You as a result of:
1. any changes which Apance Pte Ltd may make to the Apance Products, or any permanent or temporary (partial) termination in the provision of the Apance Products;
2. the deletion of, corruption of, public release of, or failure to store the Content, or any other data provided by You in connection with Apance Cloud Storage;
3. any delay, error or failure of Apance Pte Ltd in connection with Your sharing of the Content via Apance Cloud Storage;
4. Your failure to provide Apance Pte Ltd with accurate information during the registration process;
5. or Your failure to keep the password for Your Apance App Account secure and confidential.
The limitations of liability shall not apply in the event that: (i) any negligence on the part of Apance Pte Ltd leads to death or physical injury or (ii) damages arise from the intent, wilful misconduct or gross negligence of Apance Pte Ltd or the management of Apance Pte Ltd.
You shall indemnify Apance Pte Ltd, its affiliates, personnel, subcontractors and agents from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including reasonable attorney’s fees and expenses) which Apance Pte Ltd, its affiliates, personnel, subcontractors or agents may incur or be liable for arising out of or in connection with, directly or indirectly, breach of the Agreement and/or the use of the Apance Platform, including Apance Cloud Storage and its trials, the Apance App,and/or Agreement by You, including but not limited to any product liability claims, even if such a claim alleges that Apance Pte Ltd was negligent regarding the design or manufacture of the Apance Products.
Suspension, Termination and Consequences of Termination
The Agreement shall terminate:Automatically at the end of the applicable license term unless renewed prior to the end of the applicable license term. Any rights obtained in the context of Apance App for Teams will terminate automatically when you are no longer a(n) Admin, Contributor or Viewer.
If You terminate the Agreement at Your convenience immediately or at a later date specifically indicated by You;
Your termination shall not affect any of Your existing payment obligations;
If Apance Pte Ltd discontinues Your use of the Apance App and Cloud Storage or terminates the Agreement for convenience upon reasonable period prior written notice (including email or text message) to You.
Apance Pte Ltd is entitled to terminate any subscriptions for the Apance Products, including trials, during the license term with immediate effect and without prior notice in the event You fail to comply with the Agreement, in the event You fail to pay Your fee for the applicable payment term, or in the event Apance Pte Ltd is required to do so by law or an order of an applicable court.
Apance Pte Ltd may suspend Your access to and Your use of the Apance Products, and terminate this Agreement immediately in writing (including email or text message), without prior written notice (i) if You fail to comply with any term(s) and conditions of the Agreement, (ii) on becoming aware of any (potential) violation of the Agreement.
Any terms and conditions of the Agreement that by their nature should survive termination shall survive termination.
You waive the right to rescind or annul this Agreement.
On the effective date of termination of your right to use the Apance Products:You shall cease use of the Apance Products;Your right to access and use the Apance Products shall terminate; any other rights granted to You under the Agreement shall immediately be relinquished by You;unless agreed otherwise by Apance Pte Ltd, Apance Pte Ltd will deactivate and delete Your Apance Account(s) and data.
You may not issue any press releases or make any other public statements regarding the Agreement, the Apance Products or the relationship between You and Apance Pte Ltd, without Apance Pte Ltd’s express prior written consent, which may be withheld at Apance Pte Ltd’s sole discretion.
Apance Pte Ltd may not issue any press releases or make any other public statements in which Apance Pte Ltd refers to the Content, without Your prior consent.
You may not assign or subcontract any of Your rights or obligations under the Agreement to any third party without Apance Pte Ltd’s prior written consent.
Apance Pte Ltd may assign or subcontract any of its rights or obligations under the Agreement at its sole discretion. Only You and Apance Pte Ltd and Your and Apance Pte Ltd’s permitted successors may enforce the terms and conditions of the Agreement, except as expressly provided in the Agreement.
A failure by Apance Pte Ltd to give notice to You of any breach or non-fulfilment of any provision, term or clause of the Agreement shall not constitute a waiver thereof, nor shall the waiver of any breach or non-fulfilment of any provision, term or clause hereof constitute a waiver of any other provision, term or clause thereof.
Governing Law and Disputes
To the extent permitted by applicable law, the Agreement shall be governed by and construed in accordance with the laws of The Republic of Singapore, excluding its conflicts of law rules.
To the extent permitted by applicable law, any dispute between Apance Pte Ltd and You shall exclusively be submitted to the competent court in Singapore.
These Specific Provisions apply to Your Use of the Apance App for iPad, in addition to the General Provisions above.
In order to be able to install the Apance App and receive Updates, Your iPad shall have access to the Internet and shall meet the system requirements as stated on the Apple App Store or Apple Testflight.
You shall Use the Apance App and Apance Cloud Storage in accordance with applicable laws and shall not:
A: rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit Your rights to use Apance Products
B: assign Your rights to use the Apance App, without prior written approval of Apance Pte Ltd;
C: Use the Apance App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
D: delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Apance App;
E: copy (except as otherwise provided in the Agreement), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Apance App and any parts thereof, except to the extent permitted by applicable law; or
F: use the Apance App in conjunction with any Content that infringes on intellectual property rights, including copyrights, of third parties.
Use of Data
Apance Pte Ltd may periodically collect and use technical and related data concerning the Apance App, including the version number of the Apance App, Apance Pte Ltd will use such data to facilitate maintenance and support with respect to the Apance App, to improve its products and to provide further services or technologies to You.