IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF APPCHURCH GLOBAL FOUNDATION AND ITS AFFILIATES ("APPCHURCH") IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
Access to and Use of Content. You may use AppChurch to browse, locate, view, stream, or download Content for your mobile, computer, tv, watch, or other supported device ("Device"). To use AppChurch, you will need a Device that meets the system and compatibility requirements for the relevant Content, working Internet access, and compatible software. The availability of Content and features will vary between countries and not all Content or features may be available in your country. Some Content may be available to share with family members. Content may be offered by AppChurch or made available by third-parties not affiliated with AppChurch. AppChurch is not responsible for and does not endorse any Content made available through AppChurch that originates from a source other than AppChurch.
Age Restrictions. In order to use AppChurch, you must be at least eighteen (18) years old. If you are considered a minor in your country by the age of eighteen (18), you must have your parent or legal guardian's permission to use AppChurch and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific Content or features on AppChurch.
Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Content and AppChurch.
Updates. AppChurch, related support libraries, or Content may need to be updated, for example, for bug fixes, enhanced functions, missing plug-ins, and new versions (collectively, "Updates"). Such Updates may be necessary in order for you to use AppChurch or to access, download, or use Content. By agreeing to these Terms and using AppChurch, you agree to receive such Updates automatically. You may be able to manage Updates to certain Content via Settings in AppChurch. If it is determined, however, that the Update will fix a critical security vulnerability related to the Content, the Update may be completed irrespective of your Update settings in AppChurch or your Device. If another app store attempts to update Content that was initially downloaded from AppChurch, you may receive a warning or such updates may be prevented entirely.
Information about You. AppChurch's privacy policies explain how we treat your personal data and protect your privacy when using AppChurch. AppChurch may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions or provisioning Content to you. Providers agree to use this information in accordance with their privacy policies.
If you are part of a family group on AppChurch, your family members in the family group will be able to see certain information about you. If you are the family manager of a family group on AppChurch, the family members you invite to join the family group will see your name, photo, and e-mail address. If you join a family group as a family member, other family members will be able to see your name, photo, and e-mail address. Your family manager may also see your age and will see a record of all purchases you make using the designated family payment method, including a description of the Content purchased. If Content is available for family sharing and you share it with your family group, then all family members will be able to access the Content and see that you purchased it.
Unauthorized Access to Accounts. You must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of AppChurch or of any user of other AppChurch Services via AppChurch, including account names.
Disabled Accounts. If AppChurch disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing AppChurch, your account details or any files or other Content that is stored with your account. See send email to firstname.lastname@example.org for more information. If you are the family manager of a family on AppChurch and AppChurch disables access to your account, your family members may lose access to family features requiring a family group, such as a family payment method, family subscriptions, or Content shared by family members. If you are a family member of a family on AppChurch and AppChurch disables your account, your family members will lose access to Content you have shared with them.
Malware protection. To protect you against malicious third-party software, URLs, and other security issues, AppChurch may receive information about your Device's network connections, potentially harmful URLs, the operating system, and apps installed on your Device through AppChurch or from other sources. AppChurch may warn you if it considers an app or URL to be unsafe, or AppChurch may remove or block its installation on your Device if it is known to be harmful to devices, data or users. You can choose to disable some of these protections in the settings on your Device, however, AppChurch may continue to receive information about apps installed through AppChurch, and apps installed on your Device from other sources may continue to be analyzed for security issues without sending information to AppChurch.
Android Instant Apps. When you click on a link on your Device, AppChurch may check if an applicable instant app exists and, if so, open the link within the instant app. Any code needed to run the portions of the instant app you access will be downloaded to your Device and kept on it temporarily. App details for an instant app can be found in the AppChurch store. Android Instant Apps data and settings are synced to devices signed in with your AppChurch account. You can choose to disable Android Instant Apps in the settings on your Device.
Changes to these Terms. If the Terms change, you will be given at least 30 days notice, and the new Terms will be effective after such notice period. Your continued use of AppChurch following such notice period will indicate your acceptance of the new Terms. The new Terms will apply to your use of all Content (including Content you have installed or purchased in the past) and all subsequent installs or purchases. If you do not agree with such changes, you will be given the opportunity to download the Content you previously purchased or installed and terminate your use of the AppChurch. You may continue to view the copy of the Content on your Devices in accordance with the last version of the Terms that you accepted.
Free Content. AppChurch may allow you to download, view or use Content free of charge on AppChurch. Additional limitations may apply to your access and use of certain free Content.
Purchase of Content. When you buy Content on or using AppChurch you will enter into a separate sale contract based on these Terms (as applicable) with the seller which will be either:
(a) AppChurch Global Foundation; or
(b) provider of the Content (the "Provider"), including where AppChurch Global Foundation is acting as an agent for the Provider.
The separate sale contract is in addition to these Terms.
For sales where AppChurch is acting as an agent for the Provider, the statement, in the AppChurch ToU, that the AppChurch ToU "do not create any third party beneficiary rights", does not apply to your use of AppChurch.
Your contract for the purchase and use of Content is completed once you receive the email from AppChurch confirming your purchase of that Content, and the performance of this contract begins as soon as the purchase is complete.
Pre-orders. When you place a pre-order for Content, your contract for the purchase and use of that item is completed when the Content is made available to you, and you will be charged for the purchase at that time. You can cancel your pre-order at any time up to the point at which the Content becomes available to you. We will need to cancel your pre-order if the Content is withdrawn from sale through AppChurch before it is made available and we reserve the right to cancel your order in the event the price changes before your order is fulfilled.
Family Payment Method. If you are the family manager of a family group on AppChurch, you will be required to set up a valid family payment method for your family members to use to purchase Content on AppChurch and within apps. You will be responsible for all of your family members' purchases of Content using the family payment method. If a family group is deleted, or a family member leaves the family group, you may be charged for pending purchases made by family members using the family payment method.
Other Payment Processing Methods. AppChurch may make available to you various payment processing methods in addition to AppChurch Payments to facilitate the purchase of Content through AppChurch. You must abide by any relevant terms and conditions or other legal agreement, whether with AppChurch or a third party, that governs your use of a given payment processing method. AppChurch may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on AppChurch.
Pricing. Pricing and availability of all Content displayed through AppChurch are subject to change at any time prior to purchase.
Taxes. "Taxes" means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction for Taxes. If the seller of Content or AppChurch is obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of AppChurch or the purchase of Content on or through AppChurch. The reporting and payment of any such applicable Taxes are your responsibility.
All Sales Final. All sales are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Content that you acquired through that transaction.
Subscriptions. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no more than 24 hours before the beginning of each billing period.
(a) Trials Periods. When you subscribe to Content for a price, you may receive access to the subscription benefits at no charge for a specified trial period, after which you will be charged until you cancel your subscription. To avoid being charged, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges unless otherwise specified. Access to such trial periods may be limited to a certain number of trials for each user during a given period, or other restrictions.
(b) Cancellations. You may cancel a subscription at any time before the end of the applicable billing period, and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be canceled as of the following month. You will not receive a refund for the current billing period.
(c) Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription increases later, AppChurch will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days' prior notice before the charge is made. If you are given less than 10 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. Where the Provider increases the price of a subscription and consent is required, AppChurch may cancel your subscription unless you agree to the new price. If your subscription is canceled and you later decide to re-subscribe, you will be charged at the then current subscription rate.
License to Use Content. After completing a transaction or paying the applicable fees for Content, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to store, access, view, use, and display copies of the applicable Content on your Devices or as otherwise authorized as part of the Service for your personal, non-commercial use only. All rights, title, and interest in AppChurch and Content not expressly granted to you in the Terms are reserved. Your use of apps and games may be governed by the additional terms and conditions of the end-user license agreement between you and the Provider.
Violation of License Terms. If you violate any of the Terms, your rights under this license will immediately terminate, and AppChurch may terminate your access to AppChurch, the Content or your AppChurch Account without refund to you.
Restrictions: You may not:
Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their Content to AppChurch are intended third-party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their Content ("Third-Party Provisions"), and solely for the purpose of enabling such third parties to enforce their rights in such Content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.
5. Comment posting policy
Please follow these policies when commenting on an application:
You might also like to follow these guidelines and tips:
Defective Content. Once Content is available to you through your account, you should check the Content as soon as reasonably possible to ensure that it functions and performs as stated, and notify us or Provider as soon as reasonably possible if you find any errors or defects. See the AppChurch Refund Policy for more information.
Removal or Unavailability of Content. Subject to the Terms, Content that you purchase or install will be available to you through AppChurch for the period selected by you, in the case of a purchase for a rental period, and in other cases as long as AppChurch has the right to make such Content available to you. In certain cases (for example if AppChurch loses the relevant rights, a service or Content is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), AppChurch may remove from your Device or cease providing you with access to certain Content that you have purchased. For Content sold by AppChurch Global Foundation, you may be given notice of any such removal or cessation, when possible. If you are not able to download a copy of the Content before such removal or cessation, AppChurch may offer you either (a) a replacement of the Content if possible or (b) a full or partial refund of the price of the Content. If AppChurch issues you a refund, the refund shall be your sole remedy.
Multiple Accounts. If you have multiple AppChurch Accounts with different user names, in some cases you may transfer Content out of an account and into another account, provided you are the owner of each such account and provided AppChurch has enabled a feature of the relevant service allowing such transfers.
Limits on access on Devices. AppChurch may from time to time place limits on the number of Devices or software applications you may use to access Content. It is your obligation to read and understand the updates.
Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.
6. Binding Arbitration
Disputes. A dispute is any controversy between You and AppChurch concerning the Services, any software related to the Services, the price of the Services, Your account, AppChurch’s advertising, marketing, or communications, Your purchase transaction or billing, or any term of this Agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of Your or AppChurch’s intellectual property rights. As part of the best efforts process to resolve disputes, and prior to initiating arbitration proceedings, each party agrees to provide notice of the dispute to the other party, including a description of the dispute, what efforts have been made to resolve it, and what the disputing party is requesting as resolution, to email@example.com
Small Claims Court Available. You may initiate an action in your local Small Claims Court if You meet the court’s requirements. However, if such a claim is transferred, removed or appealed to a different court, AppChurch reserves the right to require arbitration.
Arbitration Procedure. Disputes not resolved pursuant to this Section shall be resolved through arbitration. The American Arbitration Association (“AAA”) will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org. Arbitration hearings will take place in the federal judicial district of Your primary business location. A single arbitrator will be appointed. The arbitrator must: (a) follow all applicable substantive law; (b) follow applicable statutes of limitations; (c) honor valid claims of privilege; (d) issue a written decision including the reasons for the award. The arbitrator may award damages, declaratory or injunctive relief, and costs (including reasonable attorneys’ fees). Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim; however, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
Arbitration Fees. If You are unable to afford the arbitration costs, AppChurch will advance those costs to You, subject to the arbitrator’s determination if costs should be reimbursed to AppChurch if AppChurch prevails. For disputes involving more than $75,000, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
Conflict with AAA Rules. This Agreement governs if there is a conflict with the AAA’s Commercial Arbitration Rules.
Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under this Agreement must be filed in Small Claims Court or noticed for arbitration within one year of when it could first be filed, or such claim will be permanently barred.
Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will be resolved in court, with the balance resolved through arbitration. If any provision of this section is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions shall still apply and shall be interpreted to as nearly as possible achieve the original intent of this section, inclusive of the severed provision.
Last update: February 25, 2021