Loading...
looks Amazing

Beautifully Designed

Writing result-oriented ad copy is difficult, as it must appeal to, entice, and convince consumers.

Mobile Ready

100% Responsive

Writing result-oriented ad copy is difficult, as it must appeal to, entice, and convince consumers.

Better in Motion

Smooth Interactions

Writing result-oriented ad copy is difficult, as it must appeal to, entice, and convince consumers.

TERMS OF SERVICE

Effective December 21st, 2011.

Last updated November 2019.

1. Your Agreement with AppGyver

1.1. Your use of the AppGyver service is governed by this agreement (the "Terms" or “Agreement”). "AppGyver" means AppGyver Oy, located at Merimiehenkatu 36 D 212, 00150 Helsinki, Finland and its holding company, subsidiaries or affiliates involved in providing the AppGyver Service.

1.2. In order to use the AppGyver Services, You must first agree to the Terms. You can agree to the Terms by actually using the AppGyver Services. You understand and agree that AppGyver will treat your use of the AppGyver Services as acceptance of the Terms from that point onwards.

1.3. You may not use the AppGyver Services if You are a person barred from receiving the AppGyver Services under the laws of Finland or other countries, including the country in which You are resident or from which You use the AppGyver Services. You affirm that You are over the age of 13, as the AppGyver Services are not intended for children under 13.

1.4. You agree your purchases of AppGyver Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by AppGyver or any of its affiliates regarding future functionality or features.

2. Your Account and Use of the AppGyver Services

2.1. You must provide accurate and complete registration information when You register to use the AppGyver Services. You are responsible for the security of your passwords and for any use of your account. If You become aware of any unauthorized use of your password or of your account, You agree to notify AppGyver immediately.

2.2. Your use of the AppGyver Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.

2.3. You may use the AppGyver Services only to develop and run applications on or with the AppGyver infrastructure. You may not access the AppGyver Services for the purpose of bringing an intellectual property infringement claim against AppGyver or for the purpose of creating a product or service competitive with the AppGyver Services.

3. Definitions

3.1. “AppGyver Services” means the services AppGyver makes available through its websites, including the Software, AppGyver Website, the AppGyver mobile and cloud development/hosting platform, AppGyver Composer Pro, the AppGyver Preview App, the AppGyver API, the AppGyver Cloud Add-ons, any other add-ons and any other software or services offered by AppGyver in connection to any of those.

3.2. "Application(s)" means the software application products that You will develop using the AppGyver Services.

3.3. “Content” means any content such as text, images or other data used by or stored in the Application.

3.4. “Customer Data” shall mean Content consisting personal data (as defined in General Data Protection Regulation (EU) 2016/679 (“GDPR”)) or any personal data that You process, store, generate in or submit to the AppGyver Services and to which you or a third party is a controller (as defined in the GDPR) and which AppGyver processes as processor (as defined in the GDPR).

3.5. "Documentation" means the end-user guides and manuals customarily provided by AppGyver to You for use with the AppGyver Services.

3.6. “You” means the user of the AppGyver Services, typically You using AppGyver Services to develop applications.

3.7. "Software" means the AppGyver Studio, AppGyver Preview, software parts that are downloaded from cloud and any other software included in the AppGyver Services and licensed to You by AppGyver under these Terms.

4. Fees for Use of the AppGyver Services

4.1. Subject to the Terms, certain AppGyver Services are provided to You without charge up to certain limits (“Fremium Services”). Certain services or features requires your purchase of additional resources or services (“Premium Services”). The pricing for Premium Services can be found at AppGyver website.

4.2. AppGyver may change its fees and payment policies for the AppGyver Services by notifying You at least seven (7) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL AppGyver may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason. If You do not accept the fee change, You may terminate these Terms within seven (7) days from the date when the change takes place. Upon termination Your right to use AppGyver Services terminates.

5. License from AppGyver

5.1. AppGyver gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to You by AppGyver as part of the AppGyver Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the AppGyver Services, in the manner permitted by the Terms.

5.2. You may not (and You may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by AppGyver, in writing; or (b) attempt to disable or circumvent any security mechanisms used by the Software or AppGyver Services.

5.3. AppGyver hereby grants You a limited, non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to display the AppGyver trademarks and/or logos (“Marks”) for the sole purpose of promoting or advertising that You use the AppGyver Services and solely in accordance with AppGyver’s then current Trademark Usage Guidelines, which will be available upon request. You agree that all goodwill generated through your use of the AppGyver Marks shall inure to the benefit of AppGyver.

6. License from You

6.1. AppGyver claims no ownership or control over any Content or Application created by You. You retain copyright and any other rights You already hold in the Content and/or Application, and You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the AppGyver Services You give AppGyver a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling AppGyver to provide You with the AppGyver Services. Furthermore, by creating an Application through use of the AppGyver Services, You give AppGyver a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling AppGyver to provide You with the AppGyver Services.

6.2. You may choose to or we may invite You to submit comments or ideas about the AppGyver Services, including without limitation about how to improve the AppGyver Services (“Ideas”). By submitting any Idea, You agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AppGyver under any fiduciary or other obligation, and that AppGyver is free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

6.3. If You are using the Freemium Services then You must agree that AppGyver, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the AppGyver Services.

7. Add-Ons

7.1. AppGyver may make available through the AppGyver Services additional features, functionality, and services offered by AppGyver or its third-party partners (“Add-ons”). Your use of Add-ons is subject to these Terms, any possible additional terms and to the applicable fees. You acknowledge for each Add-on You subscribe to or purchase through the AppGyver Services, these Terms and any additional terms constitute a binding agreement between You and the Add-on licensor of that Add-on (“the Add-on Provider”) only. The Add-on Provider of each Add-on is solely responsible for that Add-on, the content therein, and any claims that You or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge that You are purchasing the license to each Add-on from the Add-on Provider of that Add-on; AppGyver may be acting as agent for the Add-on Provider in providing each such Add-on to You; AppGyver is not always a party to the license between You and the Add-on Provider with respect to that Add-on; and AppGyver is not always responsible for that Add-on, the content therein, or any claims that You or any other party may have relating to that Add-on or your use of that Add-on. You acknowledge and agree that AppGyver, and AppGyver’s subsidiaries, are third party beneficiaries of the agreement between You and the Add-on Provider for each Add-on, and that AppGyver will have the right (and will be deemed to have accepted the right) to enforce such license against You as a third party beneficiary thereof.

7.2. By subscribing to or purchasing an Add-on, You grant AppGyver permission to share your Application, Content, and user information with the Add-on Provider as necessary in order to provide You the Add-on.

7.3. The license granted to You to use any Add-on is personal to You, it can be used as part of your Application (subject to the possible Terms of the Add-On). You may not provide or resell Add-Ons to other users unless otherwise agreed with AppGyver.

8. Proprietary Rights

8.1. Title to the Software shall not pass from AppGyver to You and the Software shall at all times remain the sole and exclusive property of AppGyver. Subject to the foregoing, You shall own all right, title and interest in and to the Applications.

8.2. You acknowledge and agree that AppGyver (or AppGyver’s licensors) own all legal right, title and interest in and to the AppGyver Services, including any intellectual property rights which subsist in the AppGyver Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

8.3. Except as provided in Section 6 (“License from You”), AppGyver acknowledges and agrees that it obtains no right, title or interest from You (or your licensors) under these Terms in or to any Content or Applications that You create, submit, post, transmit or display on, or through, the AppGyver Services, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless You have agreed otherwise in writing with AppGyver, You agree that You are responsible for protecting and enforcing those rights and that AppGyver has no obligation to do so on your behalf.

9. User-generated Components

9.1. For purposes of this Chapter 9, “User-Generated Component” means a component or feature that a user of AppGyver Services has created. You may share a User-Generated Component that you have created, or of which you are otherwise entitled to dispose, on the AppGyver community marketplace.

9.2. By sharing a User-Generated Component on the AppGyver community market place, You grant AppGyver, with a waiver of any obligation of confidentiality and non-use, a perpetual, irrevocable, world-wide, royalty-free and fully paid-up right to utilize the User-Generated Component and any intellectual property right applicable thereto or associated therewith, including without limitation by copying, further distributing, modifying and by creating derivative works therefrom for non-commercial or commercial purposes and grant access to and sublicense the User-Generated Component to third parties for these purposes. You understand and agree that after you have shared a User-Generated Component on AppGyver community marketplace, AppGyver has the sole discretion to decide whether such User-Generated Component will be utilized, including but not limited to keeping such User-Generated Component available for other users in the AppGyver community marketplace.

9.3. Your use of User-Generated Components available on AppGyver community marketplace is subject to these Terms, and any possible additional terms. AppGyver provides the User-Generated Components made available on the AppGyver community marketplace “as is” and “as available” and without any warranties regarding the functionality, faultlessness, fit for a particular purpose and non-infringement. AppGyver shall not be responsible for the User-Generated Components, the content therein, nor any claims that You or any other party may have relating to that User-Generated Component or Your use of that User-Generated Component.

9.4. You have the right to use a User-Generated Component as a part of your Application (a subject to any possible additional terms). The license granted hereby to You to use any User-Generated Component is personal to You, and you may not provide or resell User Generated Component to other users or third parties unless otherwise agreed with AppGyver.

10. Modification and Termination of the AppGyver Services

10.1. AppGyver is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the AppGyver Services which AppGyver provides may change from time to time without prior notice to You, subject to the terms in Section 4.2 (Fees for Use of the AppGyver Services). Changes to the form and nature of the AppGyver Services will be effective with respect to all versions of the AppGyver Services; examples of changes to the form and nature of the AppGyver Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

10.2. You may terminate these Terms at any time by canceling your account on the AppGyver Services. You will not receive any refunds for any AppGyver Services purchased but not yet delivered if You cancel your account.

10.3. You agree that AppGyver, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the AppGyver Services may be without prior notice, and You agree that AppGyver will not be liable to You or any third party for such termination.

10.4. You are solely responsible for exporting your Content and Application(s) from the AppGyver Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide You a reasonable opportunity to retrieve your Content and Application(s).

10.5. Upon any termination of the AppGyver Services or your account these Terms will also terminate, but Sections 8 (“Proprietary Rights”), 10 (“Modification and Termination of the AppGyver Service”), 11 (“Exclusion of Warranties”), 12(“Limitation of Liability”), 13 (“Indemnification”), 14 (“Confidential Information”) and 17 (“General Legal Terms”) shall continue to be effective after these Terms are terminated.

10.6. You understand and agree that AppGyver may suffer irreparable harm in the event that You fail to comply with any of its obligations under this Agreement, and that monetary damages in such event may be inadequate to compensate AppGyver. Consequently, in such event AppGyver may be entitled, in addition to such monetary relief as may be recoverable by law, to such temporary, preliminary and/or permanent injunctive relief as may be necessary to restrain any continuing or further breach by You.

11. Exclusion of Warranties

11.1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT APPGYVER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

11.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPGYVER SERVICE IS AT YOUR SOLE RISK AND THAT THE APPGYVER SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

11.3. APPGYVER, ITS HOLDING COMPANY, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APPGYVER SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPGYVER, ITS HOLDING COMPANY, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE APPGYVER SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE APPGYVER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE APPGYVER SERVICES WILL BE ACCURATE.

12. Limitation of Liability

12.1. SUBJECT TO THE WARRANT SECTION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT APPGYVER, ITS HOLDING COMPANY, SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

12.2. THE LIMITATIONS ON APPGYVER’S LIABILITY TO YOU IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT APPGYVER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Indemnification

You agree to hold harmless and indemnify AppGyver, and its holding company, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "AppGyver and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the AppGyver Services, (c) your violation of applicable laws, rules or regulations in connection with the AppGyver Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AppGyver will provide You with written notice of such claim, suit or action.

14. Confidential Information

AppGyver may disclose to You certain Confidential Information (as defined below). You agree that the Confidential Information is the sole and exclusive property of AppGyver (or a third party providing such information to AppGyver) and that AppGyver or such third party owns all world-wide rights therein under patent, copyright, trade secret, confidential information, or other proprietary rights. The disclosure of the Confidential Information to You does not confer upon You any license, interest or rights of any kind in or to the Confidential Information. You shall hold in confidence and will not, directly or indirectly, use, reproduce, distribute, reverse engineer, decompile, transfer, or disclose the Confidential Information or any portion thereof other than as necessary to perform its obligations or exercise its rights under this Agreement. You shall return to AppGyver all Confidential Information, together with all copies and material relating thereto (a) upon termination or expiration of this Agreement for any reason, or (b) upon request by AppGyver. Your obligations with regard to the Confidential Information shall remain in effect during the term of this Agreement and for a period of five (5) years thereafter. As used herein, "Confidential Information" means non-public information of AppGyver that is disclosed to You, including but not limited to the Software and Documentation.

15. Customer Data and Processing of Personal Data

15.1 Where AppGyver processes Customer Data in the course of providing the AppGyver Services, such processing of Customer Data shall be governed by this Section 15, unless a separate agreement on the processing of personal data has been entered into. In case another agreement on the processing of personal data has been entered into, such another agreement shall prevail.

15.2. Where AppGyver processes Customer Data in the course of providing the AppGyver Services, AppGyver undertakes to comply with the requirements set out in the GDPR directly applicable to AppGyver’s provision of its Services, and this Agreement. AppGyver undertakes to process Customer Data only to the extent required to perform its duties under this Agreement and to provide the AppGyver Service, and not for any other purposes. This Agreement shall be deemed to form the written instructions given by You to AppGyver.

15.3. AppGyver undertakes to ensure that its employees or subcontractors or other persons to whom AppGyver has provided access to Customer Data, are authorized and properly trained with a "need-to-know" and are subject to a contractual confidentiality obligation or to an appropriate statutory confidentiality obligation.

15.4. AppGyver shall implement and maintain appropriate technical and organizational measures required pursuant to the GDPR, to prevent unauthorized access, disclosure, alteration or destroying of Customer Data. AppGyver follows its service provider’s standard back-up procedures for the Customer Data. In the event of any loss or damage to the Customer Data, Your sole and exclusive remedy shall be for AppGyver to use reasonable commercial efforts to restore the lost, altered or damaged Customer Data from the latest back-up of such Customer Data maintained by AppGyver or its service provider. Upon Your written request, AppGyver shall provide You with sufficient information to enable You to ensure that AppGyver complies with its obligations under the GDPR and this Agreement, including ensuring that the appropriate technical and organizational security measures have been implemented.

15.5. Taking into account the nature of the AppGyver Services, AppGyver shall, in accordance with Your request and against a reasonable compensation, assist You (for example by means of appropriate technical and organizational measures) in carrying out the requests on the fulfilment of the rights of the data subjects laid down in the GDPR, but only to the extent You cannot itself fulfil such requests. AppGyver shall promptly notify You of any and all inquiries and questions of the data subjects addressed directly to the AppGyver, as well as requests regarding the fulfilment of the rights of the data subjects.

15.6. Upon Your request, and in accordance with the request, AppGyver shall, against a reasonable compensation, assist You in carrying out Your obligations laid down in the GDPR, such as carrying out data protection impact assessment and prior consultation, and for such purpose, make available to You any information available to AppGyver reasonably required and necessary for You to demonstrate its compliance with the obligations laid down in the GDPR. AppGyver shall be obliged to provide such assistance only insofar that Your obligations can not be met by You through other means. AppGyver shall promptly inform You of any and all inquiries and questions of supervisory authorities or other authorities related to or affecting the Customer Data, unless otherwise prohibited, such as by a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation.

15.7. AppGyver shall document all security breaches that may affect Customer Data and which AppGyver has become aware of ("Personal Data Breach"), the consequences and impacts of the Personal Data Breach as well as the actions taken by AppGyver to mitigate the impacts of such Personal Data Breach. In addition, AppGyver shall inform You in writing of any Personal Data Breaches promptly after becoming aware of such.

15.8. You hereby authorize AppGyver to use subcontractors in the processing of Customer Data. The list of subcontractors used by AppGyver from time to time is available at www.appgyver.com/subprocessors. When using subcontractors, AppGyver shall enter into a written agreement with each subcontractor, requiring the subcontractor to comply with obligations no less protective than those applicable to AppGyver under this Section 15 and the GDPR. In the event AppGyver makes any changes or additions to the list of subcontractors, the current list is made available to You at the web address specified above, thereby giving You the opportunity to object to such changes by notifying AppGyver promptly in writing within then (10) business days after any updates are made by AppGyver to the list of subcontractors. In the event of such objection by You, AppGyver will take commercially reasonable steps to address Your objection and provide You with reasonable written explanation of the steps taken to address such objection. Should You deem that the steps taken by AppGyver are not sufficient to cure Your objection, either Party shall have the right to terminate the Agreement.

15.9. Where any Customer Data are or will be transferred outside of the EEA to a country not adducing an adequate level of data protection, EU Standard Contractual Clauses for processors shall be entered into between the data importer and You (as the case may arise, with the AppGyver acting on behalf of You), or another adequate data transfer mechanisms shall be in place in accordance with the GDPR; it being agreed that you hereby authorize AppGyver to sign in the name of You and on behalf of You the Standard Contractual Clauses.

15.10. You agree to comply with the obligations set out in the GDPR and any other privacy and data protection regulation to which you are subject. You warrant that You have the right to transfer Customer to AppGyver for processing. You warrant that You have, as a controller, carried out or will carry out necessary measures for full compliance with the GDPR and any other privacy and data protection regulation to which you are subject. You shall remain fully responsible and liable for having duly complied with Your statutory obligations, including without limitation, informing data subjects about the specifics of processing of personal data related to them. You acknowledge and agree that it is the responsibility of You to ensure that Your use of the AppGyver Services complies with the laws and regulations to which You are subject.

15.11. You shall without delay inform AppGyver of any matters that are of relevance for AppGyver to fulfil its obligations specified in this Agreement, the GDPR or any other applicable privacy and data protection regulation. For avoidance of doubt it is hereby stated that AppGyver shall not in any way be responsible or liable towards You, the data subjects or third parties for any damages or claims arising from failure of You in fulfilling Your statutory obligations or obligations of You based on this Agreement.

15.12. AppGyver shall, after ninety (90) days from the termination of the Agreement destroy or anonymize the Customer Data, unless the Customer Data have already been destroyed or anonymized or, unless EU or Member State law to which AppGyver is subject requires storage of the copies of data. Notwithstanding anything to the contrary, AppGyver shall not be required to delete copies of the Customer Data from its backup servers until such time that the backup copies are scheduled to be deleted.

15.13. It is hereby expressly stated that AppGyver is obligated to comply with the GDPR regardless of the content of this Agreement. Should there be a conflict between the GDPR and the provisions of this Agreement, AppGyver is entitled and obliged to comply with the GDPR and such actions of complying with the GDPR shall not be deemed as a breach of obligations of the Agreement. AppGyver shall without undue delay inform You of such discrepancies.

16. Changes to the Terms

16.1. AppGyver may make changes to these Terms from time to time. If we change the Terms in any substantive way, we will give You at least seven (7) days notice before the changes take effect, during which period of time You may reject the changes by terminating your account.

16.2. You understand and agree that if You use the AppGyver Services after the date on which the Terms have changed, AppGyver will treat your use as acceptance of the updated Terms.

17. General Legal Terms

17.1 Entire Agreement. This Agreement contains the entire understanding of the parties hereto relating to the AppGyver Services and supersedes any prior or contemporaneous written or oral agreement or understandings between the parties with respect to the AppGyver Services, and cannot be changed or terminated orally. This Agreement may be amended only in writing signed by the authorized representatives of the parties hereto.

17.2. Severability; Waiver. If any provision in this Agreement is invalid or unenforceable, that provision shall be reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other provisions of this Agreement shall remain in full force and effect. No waiver of any right under this Agreement shall be deemed effective unless contained in writing and signed by a duly authorized representative of the party purporting to make the waiver, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement.

17.3. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of AppGyver. All rights and obligations arising out of this Agreement shall inure to the benefit of, and be binding on and enforceable by the parties and their respective permitted successors and permitted assigns.

17.4. Independent Contractors. You and AppGyver shall perform their duties pursuant to this Agreement as independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership or other joint relationship between You and AppGyver. Neither party shall have the ability to incur any obligation on behalf of the other party.

17.5. Compliance with Laws. You shall use and distribute the Application(s) in accordance with all applicable laws and regulations, including (without limitation) export laws and regulations and those laws and regulations designed to protect against the unauthorized use and disclosure of personally identifiable information. Each party shall comply with the export laws and regulations of Finland and other applicable jurisdictions. Without limiting the foregoing, (i) each party represents that it is not named on any Finnish or US government list of persons or entities prohibited from receiving exports, and (ii) You shall not access or use Products in violation of any Finnish and US export embargo, prohibition or restriction.

17.6 Governing Law. This Agreement shall be governed and construed in accordance with the laws of Finland without regard to its conflicts of laws provisions. Each party agrees that any claim or cause of action arising under or relating to this Agreement will be brought in a court of competent jurisdiction located in Helsinki, Finland and each party irrevocably consents to such personal jurisdiction and waives all objections thereto. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act (UCITA) will apply in any respect to this Agreement.

17.7 Force Majeure. A party’s performance under this Agreement is excused if that party is unable to perform under this Agreement due to an event beyond its reasonable control, including without limitation, natural disasters, labor unrest, government restrictions, and the like.

17.8. Notices. You agree that AppGyver may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the AppGyver Services. By providing your email address, You consent to our using the email address to send You any notices required by law in lieu of communication by postal mail.