Terms and Conditions

The website www.apptha.com and all of its contents and services solely belong to Contus. In the texts given below, the term 'You', 'Client' or 'User' all denotes the user or client who access the website (in any way) or uses the services of it in any level.

The following Terms and Conditions apply to and govern the usage of the whole of www.apptha.com website and all of its contents, services and products available through the website, including, but not limited to, the Apptha client area (collectively referred to as the Website). The ‘Terms and Conditions’ section is written by us with the motive of providing maximum possible clarity for points of understanding between the website’s firm and the user of the website. However, we in no way provide assurance that this section would consist of answers and explanations for all questions in regards to Terms and Conditions. In case you don’t find answer for a question or demand to have more clarity on a particular point, you shall email to us.

By accepting to access or use any part of this website, you are assumed to have agreed to be bound by the Terms and Conditions of this Agreement. In case you do not agree to all the Terms and Conditions of this agreement, then you shall not access the Website or use any of its services.

The Website is suitable only to individuals who are at least 13 years old.

Client Area Account: You are solely responsible for maintaining the security of your client area account and for any kind of activity that occurs within the account. You are expected to notify Contus immediately in case of any unauthorized uses of your account or any other breaches of security. Contus will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Post Sales Support

On an occasion if the client has opened and meddled with the codes, we will take no responsibility to give technical help in any magnitude, in case any trouble shoots up.

There is no guarantee that all product updates will be available for free of cost. Contus reserves the right to charge or not to charge for the product updates it releases according to the nature of the update.

The products are sold in “as is basis” with functions/features as specified in the website and any claim stating that features/function missing or not “as expected” by the buyer or not like how it is found in other similar products/competitors will not be taken into consideration, and Contus in no way will be liable for such claims.

All customization services of any magnitude will be charged accordingly and the client in no way possess the right to claim for free customization services citing to the payment he has done initially for the actual product or for a previously agreed customization task/project/functionality.

In case of any rude or harsh behavior of a client towards any Support Executive will lead to termination of post sales services for the particular customer. Customers are expected to communicate to the Support Executive in the best dignified manner and not use any form of inappropriate communication (includes profanity).

Contus, under any circumstances, requests or demands, will not provide any post sales support for clients who make use of its software products for promoting or hosting Adults Only contents of any type or sort.

The support hours are between 10 AM to 6 PM IST (MON - FRI).

Updates for products of Apptha might not work on customized products, if the customization is carried out by us or by the buyers themselves. The buyers have to make it work at their own risks and Contus will never be liable to such claims. However, Contus can provide assistance in updating the features or upgrades to customized products at additional costs.

Newsletter

Your act of subscribing to our site confirms your request to receive Newsletters from Apptha to the mail address you have given. The newsletter we send would be related to developments, updates, releases from Apptha or Contus. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our blog.

Responsibility of Website Visitors

 By operating the Website, Contus does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. In spite of its ethical measures, the Website might contain contents that are offensive, indecent, or otherwise objectionable, as well as contents containing technical inaccuracies, typographical mistakes, and other errors. Contus disclaims any responsibility for any harm resulting from the use of such contents by visitors of the Website.

Intellectual Property of Contus, contus.com, Apptha, Apptha’s logo, Contus’s logo and all other trademarks, service marks, graphics and logos used in connection with the products in Apptha.com are trademarks or registered trademarks of Contus or Contus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Contus or third-party trademarks. As Contus asks others to respect its intellectual property rights, it respects the intellectual property rights of others too. If you believe that a material located on or linked to apptha.com violates your copyright, you are encouraged to notify Contus in accordance with common DMCA policies. Contus will respond to all such notices by removing the required or appropriate infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Contus or others, Contus may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Contus will have no obligation to provide a refund of any amounts previously paid to Contus.

Changes

Contus reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Contus may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subjected to the terms and conditions of this Agreement.

Termination 

Contus may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

The Website is provided on an "as is" basis. Contus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Contus nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability 

In no event will Contus, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

(i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Contus under this agreement during the twelve (12) month period prior to the cause of action. Contus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Contus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation of any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. Indemnification: You agree to indemnify and hold harmless Contus, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Contus End User License Agreement

All our Joomla supported products including Components, Modules and Plugins are under the GPL License and below licensing is not applicable for Joomla supported products.

Hereafter, "Product" or “software” refers to the extension or other scripts that you buy, "Licensor" refers to Contus, "License" refers to this document, and "Licensee" refers to the party that received this license after having downloaded the respective product and paying the required fee as determined by the Licensor.

This License governs use of the accompanying product, and your purchase and use of the product constitutes your acceptance of this License and all of its contents and stipulations.

THIS PRODUCT IS NEITHER A FREEWARE NOR SHAREWARE. IT IS A COMMERCIALLY LICENSED PRODUCT.

IT MUST BE PURCHASED FROM THE LICENSOR FOR USE BY ANY INDIVIDUAL OR PARTY, AND IS SUBJECT TO THE FOLLOWING TERMS:

  • The software may only be used after the Terms of Use have been agreed to by Licensee and the payment received in full by the Contus Group.
  • The software may under no circumstances be distributed to any third party or individual.
  • The software may be used to serve multiple users, but they must not be given access to its source code or other internal resources. Distribution of these resources is illegal.
  • The software may not be resold by any means without expressed permission from Contus.
  • The software may only be used for one (1) installation, with the exception of a single development copy.
  • The development installation (temporary server environment) must be accessible only to the license holder and commissioned developers, and not accessible to the general public.
  • Licensee is entitled to create derivative works of software, however they may NOT resell nor distribute their derivative work in any way, nor offer any form of service where product is provided to clients as a hosted solution.

Refusal of Service and Business Relations

Contus reserves the right to cease support and/or terminate business relations in instances of libel, defamation, abuse, or harassment.

Contus will terminate all support and business relations in instances of software piracy. This includes, but is not limited to "cracked", "nulled", or otherwise unlicensed versions of Contus scripts or plugins.

Illegal Distribution

If this software is found to be stolen, distributed without permission, illegally obtained, or if the users of this software are found to be breaching any of the terms herein, the Licensor has the unconditional right to prosecute them to the fullest extent of the law.

Liabilities

The Licensor, its management, or any of its employees, associates, or partners cannot be held liable for any damages that the software products of Contus may cause. As the Licensee and user of the Software, you agree to accept full liability for any damages, risk, and losses involved with or incurred by the use of the Software. THE SOFTWARE PRODUCTS AND ALL ASSOCIATED MATERIALS AND SERVICES ARE PROVIDED SOLELY ON AN "AS-IS" BASIS WITH ABSOLUTELY NO WARRANTY OF FITNESS OR MERCHANTABILITY, EXPLICIT OR IMPLIED.

Licensor shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Licensor was advised of the possibility of such losses in advance. In no event shall Licensor's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, and product liability or otherwise.

If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

This license must be left completely intact when this software is used, or copied for approved multi-user use. The Licensor reserves all rights which are not expressly granted to you in this license.