Last revised on July 01, 2016

Terms & Conditions

Section 1: Apparutas Entire Agreement

These Terms and Conditions, together with our Cookie Policies and Payment Policies, shall collectively form the Entire Agreement between you,-the user and us in relation to your use of our App or service.

The current Entire Agreement reference above shall supersede all previous agreements between you and us in relation to your use of our App or service.

By signing up or registering with our App, you accept Apparutas Entire Agreement in full. If you disagree with the Entire Agreement or any part of it, you must not sign-up or register with our App.

The Entire Agreement was designed for our benefit and your benefit, and these agreements are not intended to benefit or be enforceable by any third party.

Section 2: Definitions

In these Terms & Conditions the following words, terms or phrases will have the following meaning...

(1) Agreement - a negotiated and a legal binding arrangement between Apparutas and the user (both Subscriber and Developer) for the access to and the use of the service.
(2) App - the application, the platform or the service that the user signs up, subscribe to, use and develops other Services.
(3) Subscriber - a user who signs up to subscribe to or use various Apps.
(4) Developer - a user who signs up to lease the service from Apparutas to develop or create own Apps.
(5) Public - state of being available to the general public to signup, view and use.
(6) Private - state of being available exclusively to a certain group of users, often hidden from the general public.
(7) User - interchangeably reference a subscriber or developer.
(8) Your Content - all your work and materials such as text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit, store on, publish on, processed by and transmit to us or our App.

Section 3: How to Register

This App and its functions, features, services and content are provided on an "AS IS" basis. Please refer to the manual and documentation for all Apparutas supported functions, features and services.

3.1 To register for an account- (as a Subscriber or Developer), you must be at least 18 years of age and by using our App or agreeing to the Entire agreement in Section 1 above, you warrant and represent to us that you are at least 18 years of age.

3.2 You may register for a Subscriber or Developer's account by filling and submitting the appropriate account registration form on our App. You may activate your account by clicking on the verification link in the email that we will send to you.

Section 4: Account Deactivation and Unsubscription

(a) As a subscriber, you may unsubscribe from any App using the "Unsubscribe" function available in your account menu.

(b) As a developer, you may unpublish any of your App (take it offline) or deactivate your account at any time using your account setting menu.

Section 5: Copyright Declaration

Copyright (c) 2016 O-Eureka Corporation.

Together with our licensors, we own, control and reserve all the copyright and other intellectual property rights in our App.

Section 6: For You the Subscriber

A Subscriber MUST NOT DO or engage in the following

6.1 In ways that may cause damage or impairment of the performance, availability or accessibility of our App.

6.2 In ways or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

6.3 To copy, store, host, transmit, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

6.4 To conduct any systematic or automated data collection activities including scraping, data mining and data extraction on or in relation to our App without our express written consent.

6.5 To access or otherwise interact with our App using any robot, spider or other automated means.

6.6 To publish information about how to commit crimes and the promotion of criminal activities.

6.7 To depict and promote violence.

6.8 To publish pornographic or sexually explicit materials.

6.9 To publish untrue, false, inaccurate or misleading content.

6.10 To convey potentially dangerous advice.

6.11 Must not contain instructions, advice or information which if acted upon, may cause illness, injury or death, or any other loss or damage.

6.12 To publish or constitute to spam and annoying content.

6.13 To publish generally obscene,indecent and offensive materials.

6.14 be in contempt of any court, or in breach of any court order

6.15 be in breach of racial or religious hatred or discrimination law.

6.16 to initiate, promote and support war or military conflicts.

6.17 must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person under any applicable law.

6.18 Use data collected from our App for any direct marketing activity including email marketing, SMS marketing, telemarketing and direct mailing.

6.19 You must not use data collected from our website to contact individuals, companies or other persons or entities.

6.20 Must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.

6.21 Must not infringe any right of confidence, right of privacy or right under data protection law.

6.22 You must not access, login or use any other person's account to access our App, unless you have that person's express permission to do so.

Section 7: For You the Developer

Apparutas can not and should not be used in the following:
For the safety concern and the security of the sensitive data they hold, Apparutas can not and should not be used in the following entities...

(a) All Government Departments
(b) Law Services
(c) Health Services
(d) Police and Law Enforcement
(e) Banks and Financial Institutions
(f) Public Records and Archives

A Developer MUST NOT DO or engage in the following:

Must NOT develop or design your Apps...

7.1 in ways that may cause damage or impairment of the performance, availability or accessibility of Apparutas.

7.2 in ways that may facilitate or support any unlawful, illegal, fraudulent or harmful purpose or activity.

7.3 in ways to copy, store, host, transmit, publish or distribute any material which consists of (or is linked to) any spyware, malware, computer virus or other malicious computer software.

7.4 in ways to conduct any systematic or automated data collection activities including scraping, data mining and data extraction on or in relation to our App without our express written consent.

7.5 in ways to access or otherwise interact with Apparutas using any robot, spider or other automated means.

7.6 Develop or design your Apps in ways to publish information about how to commit crimes and the promotion of criminal activities.

7.7 in ways to depict and promote violence.

7.8 in ways to publish pornographic or sexually explicit materials.

7.9 in ways to publish untrue, false, inaccurate or misleading content.

7.10 in ways to convey potentially dangerous advice.

7.11 in ways that may provide instructions, advice or information which if acted upon, may cause illness, injury or death, or any other loss or damage.

7.12 in ways to publish or constitute to spam and annoying content.

7.13 in ways to publish generally obscene,indecent and offensive materials.

7.14 in ways to be in contempt of any court, or in breach of any court order.

7.15 in ways to promote racial or religious hatred or discrimination activities.

7.16 in ways to initiate, promote and support war or military conflicts.

7.17 in ways that may infringe any person's legal rights, and may be capable of giving rise to legal action against any person under any applicable law.

7.18 in ways to use data collected from our App for any direct marketing activity including email marketing, SMS marketing, telemarketing and direct mailing.

7.19 in ways to use data collected from our website to contact individuals, companies or other persons or entities.

7.20 in ways that may infringe any copyright, moral right, database right, trade mark right, design right or other intellectual property right.

7.21 in ways that may infringe any right of confidence, right of privacy or right under data protection law.

7.22 you must not access, login or use any other person's account to access our App, unless you have that person's express permission to do so.

7.23 Apparutas owned the copyright over all Apps logic and designs, you can not claim copyright or file for infringement should another App has a similar logic flow and design as your App.

Section 8: Acceptable use

In its most general sense, acceptable use is any use of our App or service that will not breach or infringe on any of the MUST NOT DO items listed in Sections 6 and 7 above.

Section 9: Take Down, Unpublish, Deactivation and Removal Policies

9.1 Breachment and Infringement of Policies
Apparutas reserves the right and in our sole discretion without notice or explanation to take down, unpublish, deactivate or remove any content, part of any published or shared content, any App or in severe cases any user account that may have breached or infringed on any of the policy items listed in "MUST NOT DO" in Sections 6 and 7.

9.2 Expired Developer's 30 day Trial Period
When the developer 30 day Trial period expires, all data entry functions will be deactivated automatically. Counting from the expiration date, Apparutas allows another 30 day grace period to give the developer time to consider and perform an upgrade. If the developer fails to upgrade to one of the Paid Service Plans after the given grace period, Apparutas reserves the right to remove all App settings, configuration, files, all user data and the developer registration account without any written notice and without any liability to the developer.

9.3 Expired Developer's Prepaid Service Period
When the developer prepaid service period expires, all data entry functions will be deactivated automatically. Counting from the expiration date, Apparutas allows another 60 day grace period to give the developer time to update its account payment. If the developer fails to meet or maintain its payment obligations for the account or decides to terminates its subscription, after the given grace period, Apparutas reserves the right to take down, unpublish and remove all App settings, configurations, files, all user data and the developer registration account without any written notice and without any liability to the developer.

Section 10: Your Public Content

In these terms and conditions, you grant to us a worldwide, irrevocable, non-exclusive right, royalty-free licence to your content that you submit, shared, contributed, store on, publish on, processed by and transmit to us or our App publically via the use of any Public App, see Definition section for more info.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

You grant to us the full right to use, reproduce, store, republish, and distribute your public content on and in relation to this App and any other websites or services of our choosing.

You grant to us the right to sub-license the rights.

You grant to us the right to bring an action for infringement of the rights.

With this right, you may edit your content to the extent permitted using the edit functionality made available on our App.

if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Section 11: Breaches of these terms and conditions

If a subscriber breaches these terms and conditions in any way as laid out in section 6, we may

11.1 Notify the developer or the owner of the App or service the subsriber is using.

11.2 Depending on the severity of the breach, the developer may at his/her own descretion apply the following actions:

  • (a) Send one or more formal warnings to the subscriber through email or account notifications.
  • (b) Temporarily block or suspend the subscriber access to the App or service.
  • (c) Permanently block or prohibit the subscriber access to the App or service.
  • (d) Contact the subscriber internet service providers (ISP) and request that they block access to our App or service.
  • (e) Commence legal action against the subscriber for breach of contract.
  • (f) Delete subscriber account or subscription on our App or service.
  • 11.3 Where we suspend or prohibit or block your access to our App or a part of it, you must not take any action to circumvent such suspension or prohibition or blocking. Furthermore, you must not create and/or use a different account to access our App.

    Section 12: Law and Jurisdiction

    These terms and conditions shall be governed by and construed in accordance with the Federated States of Micronesia (FSM) law.

    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Federated States of Micronesia (FSM).

    Section 13: Limitation and Exclusion of Warranties and Liability

    13.1 Apparutas expressly disclaims all representations, warranties of any kind and limit or exclude any liability with respect to the following:
    (1)Its service will be appropriate and fit for a particular purpose.
    (2)That will be free of any copyright infringement and breachment of any kind.
    (3)That will be free from any service interruptions, delays, server down-time and errors.
    (4)That Apparutas or its hosted Apps or services will be secure, or free of viruses, worms or other harmful scripts or softwares.
    (5) That Apparutas or its hosted Apps or services will satisfy your requirements or expectations.
    (6) That information, data or materials presented or displayed on our App are correct, accurate, reliable or up to date.
    (7) That any indirect or consequential loss,corruption or damage of any data, files, configurations, database or software.
    (8) limit or exclude our or your liability for death or personal injury resulting from negligence.
    (9) limit or exclude our or your liability for fraud or fraudulent misrepresentation.

    13.2 When you signed up with our App, you accepted in full that we have a policy as a corporation to limit personal liability of our directors,officers and employees. Under no circumstances shall Apparutas or its directors, officers, employees, partners, licensors, stakeholders or other representatives, be liable for damages of any kind, whether direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive, including, without limitation, damages for loss of profits, revenue, income, goodwill, data, anticipated savings, business, contracts, commercial opportunities, or other intangible losses or damages arising out of or related to your use of our App or service.

    13.3 Your access to this App or any of the service is at Your own risk. You shall be solely responsible for any damage to Your computer systems or loss of data that results from the accessing of any service. Apparutas shall not be responsible or liable for any damage caused by theft, systems failure or other occurrences beyond control.

    13.4 Some Apps or services hosted and serve by Apparutas may contain links or references to other external Internet sites. Apparutas does not endorse any of the products or services offered by such sites. Apparutas does not operate or control in any way any information, products or services on these external sites and Apparutas expressly disclaims any responsibility for such sites. You hereby waive any and all claims against Apparutas regarding the inclusion of links to these sites.

    Section 14: Our Registration and Business Details

    This App is owned and operated by O-Eureka Corporation. We are registered in Pohnpei, Federate States of Micronesia (FSM) under registration number [number], and our registered office is at Nett District Government. Our principal place of business is at Nett, Meitik. You can contact us by our business address given below:

    C/O Ruurd Overhoff
    O-Eureka Corporation
    Meitik Nett, Pohnpei
    Federated States of Micronesia (FSM)
    Zip: 96941
    Phone No. (+691) 320-6175
    Mobile No. (+691) 922-3271
    Email: customer.support@apparutas.com

    Section 15: Revision and Version Variation

    We may revise our Terms and Condtions from time-to-time. The revised Terms and Condtions will apply to the use of our App from the date of the publication of the revised Terms and Condtions on our App.

    You hereby waive any right to be notified of, or to consent to, revisions of these terms and conditions. We will give you written notification of any revision of these terms and conditions or please check this page regularly to ensure you are familiar with the current version. If you do not agree to the revised terms and conditions or any part of it, you must discontinue using our App.