Terms of Service

Last updated: October 1st, 2024

THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT”) GOVERN YOUR USE OF THE APPZUNG.COM WEBSITE AND/OR ANY OF THE SERVICES OFFERED BY LOUIS LAGRANGE CONSULTING SASU (D/B/A “APPZUNG”) REGARDING APPZUNG (COLLECTIVELY, THE “SERVICES”). IN THESE TERMS OF SERVICE, APPZUNG MAY BE REFERRED TO AS “APPZUNG” OR “US”, “OUR” OR “WE”. BY ACCESSING, USING, SUBSCRIBING, PURCHASING, OR DOWNLOADING ANY OF THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ON BEHALF OF YOURSELF AND/OR ON BEHALF OF THE ACCOUNT OWNER (REFERRED TO HEREIN AS “ACCOUNT OWNER”, “YOU”, OR “YOUR”). YOU AGREE TO AND WILL ENSURE THAT ALL WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT, FOLLOW AND BE BOUND BY THESE TERMS OF SERVICE. THESE TERMS OF SERVICE WILL APPLY TO YOUR USE OF THE SERVICES, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICES.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If AppZung makes material changes to these Terms, we will notify You by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://appzung.com/terms/.

1. Certain Definitions

  • “Account” means an account through which You will access the Service(s) (to the extent registration for an Account is required by AppZung).
  • “Account Owner” means the individual who establishes the Account (through the registration process provided by Us) and any other entity and/or person in whose name the Account is established, all of whom are agreed to be jointly and severally obligated under these Terms of Service.
  • “Application” means Your software program developed for use on multiple platforms, including mobile, web, and/or desktop and which are uploaded by You in connection with the Services.
  • “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • “Usage Data” means any information, content, data, comments, feedback (including, without limitation, schema and other implementation details, telemetry, IP and Geo-location data and service usage data) generated through Your use of the Services.
  • “User Data” means all information, data or content owned by You and provided to Us by You in connection with Your use of the Services. User Data will not include any Application(s).

2. Account Registration

  1. You must be 18 years or older to use this Service, or you must have explicit consent from your parent or legal guardian in order to use this Service, including consent to use elements of this Service which collect data to make delivery of this Service possible.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your name, a valid email address, and any other information requested in order to complete the sign-up process for Your Account. All such information shall be accurate and complete.
  4. Your login may only be used by one person - sharing accounts between multiple people is not permitted.
  5. You are responsible for maintaining the security of your account and password. AppZung cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all activity and content that occurs under your account (even when activity or content is posted by others who have accounts under your account).
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

3. Application and User Data

In connection with Your Application and/or User Data, You affirm, represent, and warrant that You own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize Us to use, retain, copy, and process the Application and/or User Data through the Services and as contemplated by this Agreement. You agree that by uploading, submitting or making any Application and/or User Data available to or through use of the Service, You hereby automatically at such time grant AppZung, and its affiliates, for the duration of Your use of the Services, a non-exclusive, worldwide, royalty-free, license to use, reproduce, distribute, perform and display the Application and/or User Data solely for the purposes of providing the Services.

You further agree AppZung has the license and right to copy, analyze and use any of Your User Data solely in anonymized and aggregated format for AppZung’s business purposes, subject to the following data retention limits:

  • Active accounts: Data will be retained for the duration of the active service usage
  • Inactive accounts: If an account shows no activity (inactive subscription and no access to the Service) for 3 consecutive years, all associated User Data will be automatically deleted in accordance with GDPR requirements, unless retention is required by applicable law.

Prior to any automatic deletion, we will attempt to notify you at your registered email address. You may request earlier deletion of your data at any time by contacting us.

For the avoidance of doubt, AppZung will not: (i) reverse engineer, de-compile, translate, disassemble, or attempt to discover the source code of any Application or any part thereof; or (ii) distribute the Application or any part thereof to any third party other than solely as part of providing the Services. AppZung does not pre-screen User Data, but AppZung and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Data that is available via the Services.

Privacy and Data Protection

Your privacy and the protection of your personal data are important to us. Our collection and use of your personal data in connection with your use of the Services is governed by our Privacy Policy at https://appzung.com/privacy/, which is incorporated by reference into these Terms of Service. The Privacy Policy details how we collect, use, share, and protect your personal data, as well as your rights regarding your personal data under applicable data protection laws, including the GDPR.

By using our Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal data as described therein.

4. License Grant and Restrictions While Using the Services

AppZung hereby grant to You, solely during the applicable term of Your use of the Services, a royalty free, limited, personal, non-exclusive, non-transferable, non-sub-licensable license to: (i) access (via the Internet address provided to You by AppZung), download, install and use the Services; (ii) build and distribute to Your applications built with the Services (but without including or distributing the Services or any part thereof); and (iii) use the Documentation, training materials or other materials supplied by AppZung to enable such licensed rights.

You agree that You will not:

  • Post, display or transmit information, data, Application(s) or User Data, including the unauthorized use of any payment method, that violates any law, regulation or rule, or the rights of any third party including without limitation Intellectual Property Rights;
  • Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Services or interests or rights of other users, or that may harvest or collect any data or personally identifiable information about other users without their consent;
  • Post or transmit any information, data, Application(s) or User Data that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
  • Use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Services in a manner that sends more request messages to the AppZung servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; or
  • Attempt to gain unauthorized access to any other party’s Account, password, Application or User Data, or allow more than one person to use an Account.
  • Use the Services in any manner that would violate the terms of use of any applicable third-party.

5. Fees and Billing

We provide the Services for the fees, if any, and other charges set forth in our pricing section here https://appzung.com/pricing/. All prices listed exclude all sales taxes, fees, use taxes (including, without limitation, value-added or withholding taxes), charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Services and all such Sales Taxes shall be borne solely by and paid by You to Us and deemed to be in addition to the fees charged in connection with the Services. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Services, and to ensure that your credit or debit cards or other payment instruments accepted by Us and/or Our processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use in the event of any payment delinquency. You will not be entitled to any refund on termination or expiration of the Agreement. In the event of any termination or expiration of the Agreement, you will remain liable for any charges incurred or unpaid amounts owed by You to Us.

In order to use payment processing services and the billing services, You may have to agree to certain terms from our third-party payment processor(s) and Your use of the Services will be dependent on You agreeing to such terms, if any. You also acknowledge and agree that while You are using the Services through an Account, we will bill you automatically for the applicable fees, on a monthly or yearly basis, in advance.

6. Refund policy

  • If you are not happy with the service, or have a problem that we cannot help with and request a refund, we will issue it in full via the same payment method used to make the purchase. Only payments less than 14 days old will be considered for refund.
  • If you feel you are being billed in error, we strongly encourage you to request a refund from your account or contact us rather than filing a dispute with your credit card company. If a dispute is filed before you get in touch with us, we are limited in what we can do to resolve it.
  • Credit card disputes are flagged to us by your provider as potentially fraudulent so given the seriousness, if a credit card dispute is made, your account may be suspended while we investigate and we ask you to contact us to reinstate it.
  • To request a refund, please email us at hello@appzung.com.
  • You will be asked to provide the reason for your request.
  • We aim to respond to refund requests within 5 business days of receipt.

7. Term and Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate the Services at any time by providing notice to AppZung. AppZung may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability, if, in Our sole determination, You violate any terms of this Agreement, including, but not limited to, the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or (vi) bypassing the measures we may use to prevent or restrict access to the Services, including, but not limited to, registering for the Services with an email address that is not rightfully yours.

Upon termination of this Agreement or Your Account and hence the Services, all licenses granted by Us and rights to use the Services, will automatically terminate, and any Applications and all User Data in Your Account will be immediately deleted as of the date of termination or expiration of Your Account or this Agreement. You are responsible for requesting from Us the retrieval of any Applications and all User Data as You require or is required by law by contacting hello@appzung.com prior to the Account termination date. The following terms will survive any termination of this Agreement: Sections 9, 10, 11, 12, 13 and 14.

8. Modifications to the Service and Prices

AppZung may need to modify or discontinue the Service or adjust prices from time to time. In such cases:

  • We will provide you with at least 30 days advance notice via email before:
    • Making any material changes to the Service
    • Implementing any price increases
    • Discontinuing any significant features or the Service as a whole
  • If you do not agree with any material changes, you may terminate your subscription before they take effect and receive a pro-rata refund for any pre-paid, unused portion of your subscription period
  • Changes that are beneficial to users (such as price reductions or feature improvements) or are required by law, address security concerns, or do not materially reduce the Service’s functionality may be implemented immediately

AppZung shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9. Proprietary Rights

  • Services. Except for your Application and User Data, the Services, and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music and the Usage Data (the “Content”), and all Intellectual Property Rights related thereto, are the exclusive property of AppZung and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Content, User Data or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. You retain sole ownership of the Application and the User Data.
  • Ideas and Comments. You may choose to, or We may invite You to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is gratuitous, unsolicited and without restriction and will not place AppZung under any fiduciary or other obligation, that We are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to You. You acknowledge that, by acceptance of your submission, AppZung does not waive any rights to use similar or related ideas previously known to AppZung, or developed by its employees or contractors, or obtained from sources other than you.

10. Indemnity

You agree to defend, indemnify and hold harmless AppZung and its affiliates, agents, employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Services; or (ii) Your violation of any terms of this Agreement.

11. No Warranty

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, APPZUNG, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPZUNG, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. APPZUNG’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO APPZUNG HEREUNDER FOR THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND SUCH LIMIT.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF APPZUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

13. General Conditions

  • Entire Agreement. This Agreement, together with any other legal notices and agreements published by AppZung via the Services, shall constitute the entire agreement between you and AppZung concerning the Services.
  • No Waiver. AppZung’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
  • Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  • Severability. If any provision of this Agreement is unlawful, void or unenforceable by a court of competent jurisdiction, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
  • Assignment. AppZung (Louis Lagrange Consulting SASU) may assign or transfer these Terms of Service, in whole or in part, to a company owned by Louis Lagrange or one of his holdings at any time with or without your consent. For any other type of assignment, we will provide you with at least 30 days advance notice and you will have the right to terminate this Agreement and receive a pro-rata refund for any pre-paid unused Services. You may not assign or transfer any rights or obligations under the Terms of Service without AppZung’s prior written consent, except in the case of a corporate reorganization, merger, or sale of your business, in which case you must provide AppZung with at least 30 days prior written notice.
  • Language. Support for AppZung services is only available in English or French, via email.
  • If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by AppZung) of other AppZung customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  • You understand that AppZung uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, AppZung, or any other AppZung service.

14. Governing Law

You agree that the Agreement and Your use of the Services are governed under the laws of France. Any disputes shall be subject to the jurisdiction of the courts of Paris, France, provided however that if you are a consumer located in the European Union, you may also bring proceedings in the courts of your country of residence in accordance with applicable EU consumer protection laws. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions of your local consumer protection laws.

15. Additional Consumer Rights

The provisions in this section apply only to individuals acting for purposes which are outside their trade, business, craft or profession (individual “consumers”). These provisions do not apply to customers acting as professionals, businesses, or other legal entities. If you are a consumer located in the European Union, you benefit from any mandatory provisions of the consumer protection law of your country of residence. As a French company, we comply with French consumer protection laws (Code de la consommation), including:

  • Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason and without cost.
  • Pre-contractual information: All essential information about our services and pricing is provided before purchase on our website.
  • These terms do not exclude any statutory consumer rights that cannot be waived under applicable law.

If you are contracting as a business or professional, the standard terms and conditions apply without these additional consumer protections.

16. Company Information

AppZung is operated by:

Louis Lagrange Consulting SASU
SIREN: 909 485 799
N° de TVA: FR87909485799
R.C.S PARIS
Capital social: 1 000,00 €
Address: 42 rue Dulong, Paris, France
Director: Louis Lagrange

17. Hosting Information

Our services are hosted by:

Hetzner Online GmbH
Location: European Union

18. Contact

For any questions about these Terms of Service, please contact us at hello@appzung.com