Terms of Use

1. Applicability

The General Terms are applicable to all use by User of the Aplynk Platform and to the Related Services offered by Aplynk. The User’s terms and/or those of a third party do not apply. The General Terms with all Annexes form the agreement between Aplynk and the User regarding the use of the Platform by the User. Aplynk may from time to time change the General Terms or its Annexes. The User has thirty days to protest such changes, after which period the new terms are deemed to have been accepted by the User. If the User does not accept the new terms, Aplynk reserves the right not to extend or renew any licenses and/or Related Services.

2. Orders

The User may from time to time order licenses and/or Related Services from Aplynk. All orders must be placed via the User’s account on the Aplynk Platform. For such licenses and/or Related Services, the applicable fees will be those effective as of the time the order is placed. All prices quoted are net and exclude VAT. Any other offer, as well as all information, drafts, presentations, calculations and/or enclosures issued by Aplynk are to be taken as information only and in no event are they binding to Aplynk.

3. License

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

4. Set-up and synchronization details

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

5. Scope and limitation of the Related Services provided by Aplynk

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk . The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

6. User’s obligations and liability

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk . The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

7. Security and data protection

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk
Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. 
User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

8. Confidentiality

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

9. Support and problem reporting

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Piesync Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

10. Third party API’s

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

11. Title to the Aplynk Platform

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

12. Limitation of liability of Aplynk

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

13. Termination for cause

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

14. Force Majeure

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

15. General

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.

16. Applicable law and venue

Upon payment of the applicable fees, Aplynk grants to the User a non-transferable and non-exclusive license to use the Aplynk Platform. According to the license, such use will be exclusively online, for User’s sole and unique benefit and in accordance with the intended use of the Aplynk Platform. User acknowledges that the Aplynk Platform is constantly being improved by Aplynk. The User will only have access to the latest released version of the Aplynk Platform. Each new version or update of the Aplynk Platform will replace as modified version the original or previous version thereof, and henceforth be subject to all rights and obligations as mentioned in the General Terms. During the updates, the Aplynk Platform may temporarily not be available to the User. Acquired licenses are effective for the period indicated at the moment of purchase. Unless one of the Parties terminates the license as set forth below, the license will be automatically extended for the same period at the same license conditions.