Use of the App
You may use the App for personal or commercial purposes, subject to these Terms. You are responsible for your use of the App, including any content you upload or share through the App. You must not use the App to engage in any illegal, harmful or fraudulent activities, or to violate the rights of any third party.
User Content
The App allows you to upload, share and store content, including text, images, videos and other media ("User Content"). You retain all rights in your User Content. By uploading or sharing User Content through the App, you grant Achieve a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform and otherwise exploit your User Content in connection with the App and Achieve's business, including for promotional and marketing purposes.
You represent and warrant that your User Content does not violate any applicable laws, regulations or third-party rights, and that you have all necessary rights, licenses, consents and permissions to upload, share and store your User Content through the App.
Intellectual Property
The App and its contents, including but not limited to text, graphics, logos, images, software and code, are owned or licensed by Achieve and are protected by intellectual property laws. You may not use, copy, reproduce, modify, distribute, transmit, display, perform or create derivative works of the App or its contents without Achieve's prior written consent.
Privacy
Achieve collects, stores and processes personal information about you in accordance with its privacy policy, which is available at [insert link to privacy policy]. By using the App, you consent to Achieve's collection, storage and processing of your personal information in accordance with its privacy policy.
Termination
Achieve may terminate your access to the App at any time, with or without cause or notice, including for breach of these Terms. Upon termination, you must cease all use of the App and delete all copies of the App from your device.
Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. ACHIEVE DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OR THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE APP IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL ACHIEVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP OR THESE TERMS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ACHIEVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACHIEVE'S LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE APP.
Indemnification
You agree to indemnify and hold harmless Achieve, its affiliates, and their respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the App, your User Content, your violation of these Terms, or your violation of any applicable laws, regulations or third-party rights.
Modifications to the App and Terms
Achieve reserves the right to modify, suspend or discontinue the App or any part of it at any time, with or without notice. Achieve may also modify these Terms from time to time, and the revised Terms will be effective upon posting on the App or by email to your registered email address. Your continued use of the App after the revised Terms have been posted constitutes your acceptance of the revised Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state or country in which Achieve is based, without giving effect to any principles of conflicts of law. You agree that any dispute arising out of or in connection with these Terms or the App shall be submitted to the exclusive jurisdiction of the courts located in the state or country in which Achieve is based.
Entire Agreement
These Terms constitute the entire agreement between you and Achieve with respect to the use of the App and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Achieve.
Waiver and Severability
The failure of Achieve to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
These Terms are personal to you, and you may not assign, transfer or delegate any of your rights or obligations under these Terms without the prior written consent of Achieve. Achieve may assign, transfer or delegate these Terms or any of its rights or obligations under these Terms without your consent.
If you have any questions or concerns about these Terms, please contact us at [Achievellc.cc@gmail.com].Welcome to Achieve! These terms of service ("Terms") apply to your use of the Achieve social media goals tracking application ("App" or "Service"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.
Use of the App
You may use the App for personal or commercial purposes, subject to these Terms. You are responsible for your use of the App, including any content you upload or share through the App. You must not use the App to engage in any illegal, harmful or fraudulent activities, or to violate the rights of any third party.
User Content
The App allows you to upload, share and store content, including text, images, videos and other media ("User Content"). You retain all rights in your User Content. By uploading or sharing User Content through the App, you grant Achieve a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform and otherwise exploit your User Content in connection with the App and Achieve's business, including for promotional and marketing purposes.
You represent and warrant that your User Content does not violate any applicable laws, regulations or third-party rights, and that you have all necessary rights, licenses, consents and permissions to upload, share and store your User Content through the App.
Intellectual Property
The App and its contents, including but not limited to text, graphics, logos, images, software and code, are owned or licensed by Achieve and are protected by intellectual property laws. You may not use, copy, reproduce, modify, distribute, transmit, display, perform or create derivative works of the App or its contents without Achieve's prior written consent.
Privacy
Achieve collects, stores and processes personal information about you in accordance with its privacy policy, which is available at [insert link to privacy policy]. By using the App, you consent to Achieve's collection, storage and processing of your personal information in accordance with its privacy policy.
Termination
Achieve may terminate your access to the App at any time, with or without cause or notice, including for breach of these Terms. Upon termination, you must cease all use of the App and delete all copies of the App from your device.
Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. ACHIEVE DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, OR THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF THE APP IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL ACHIEVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE APP OR THESE TERMS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ACHIEVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACHIEVE'S LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE APP.
Indemnification
You agree to indemnify and hold harmless Achieve, its affiliates, and their respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the App, your User Content, your violation of these Terms, or your violation of any applicable laws, regulations or third-party rights.
Modifications to the App and Terms
Achieve reserves the right to modify, suspend or discontinue the App or any part of it at any time, with or without notice. Achieve may also modify these Terms from time to time, and the revised Terms will be effective upon posting on the App or by email to your registered email address. Your continued use of the App after the revised Terms have been posted constitutes your acceptance of the revised Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state or country in which Achieve is based, without giving effect to any principles of conflicts of law. You agree that any dispute arising out of or in connection with these Terms or the App shall be submitted to the exclusive jurisdiction of the courts located in the state or country in which Achieve is based.
Entire Agreement
These Terms constitute the entire agreement between you and Achieve with respect to the use of the App and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Achieve.
Waiver and Severability
The failure of Achieve to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
These Terms are personal to you, and you may not assign, transfer or delegate any of your rights or obligations under these Terms without the prior written consent of Achieve. Achieve may assign, transfer or delegate these Terms or any of its rights or obligations under these Terms without your consent.
If you have any questions or concerns about these Terms, please contact us at [Achievellc.cc@gmail.com]