Terms of Service

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Appture Digital Media, LLC will only be in connection with the provision of agreed services and products.

Disclaimer Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Appture Digital Media, LLC of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Appture Digital Media, LLC does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Duties and Responsibilities

Appture Digital Media, LLC shall serve as a contractor of its Clients and shall design, develop, and implement applications software for them according to the functional specifications and related information, if any, and as set forth by the Client.

Termination of Agreements and Refund Policy

The Agreements shall terminate upon the occurrence of any of the following events:
In the event either party defaults in any material obligation owed to the other party pursuant to the Agreement, then such an Agreement may be terminated if the default is not cured following at least forty five (45) days written notice to the defaulting party.

Either party is bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against a party and the proceeding is not dismissed within forty five (45) days after commencement.

In the event that the first payment sent by the Client, is not received by Appture Digital Media, LLC for no less than 10 days after the signing of Official Contract then Appture Digital Media, LLC holds the complete authority to consider any such contract as void & terminate the entire project immediately.

The Ownership of Mobile Application Software and its Confidentiality shall survive the expiration or termination of the Agreements. In the event of early termination due to Appture Digital Media, LLC’s default, Appture Digital Media, LLC agrees to deliver the Mobile Application Software then completed. Appture Digital Media, LLC, in that instance, shall be paid a pro rata share for the work; if the amount cannot be agreed upon, the Client can return the work and the other terms of their contract go into effect.
Upon termination of these Agreements or at any other time upon request, Appture Digital Media, LLC will promptly deliver to the Client all notes, memoranda, notebooks, drawings, records, reports, files, documented source codes and other documents (and all copies or reproductions of such materials) in its possession or under its control, whether prepared by Appture Digital Media, LLC or others, which contain Confidential Information. Once you have completely finalized your project details with our apps expert and it has already been begun, then any additional requirements that you may ask to include later might result in addition of an extra sum of money to the total amount of your project. Such an amount shall depend on the type and nature of the change you wish to bring to your project.
No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Such a service includes, but is not limited to, initial requirement gathering, detailed proposal drafting, ROI strategy, official contract signing, design prototyping, app development, quality assurance, deployment & publishing etc. Once a client signs an official contract with the Appture Digital Media team, it is deemed as a serious decision from his end & if, without any mutual resolution, the client chooses to violate the terms & conditions of the signed contract or decides to cease the project midway, then Appture Digital Media, LLC reserves all rights to claim legal damages against such a client or company.

Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded upon Appture Digital Media, LLC’s sole discretion.

Ownership of Software

Appture Digital Media, LLC agrees that the development of the Mobile Application Software is “work for hire” within the meaning of the Copyright Act of 1976, as amended from time to time, and that the Mobile Application Software shall be the sole property of the Client. Appture Digital Media, LLC hereby assigns to the Client, without further compensation, all of its right, title and interest in and to the Mobile Application Software and any and all related patents, patent applications, copyrights, copyright applications, trademarks and trade names in the United States and elsewhere. All versions of the Mobile Application Software shall contain the Client’s conspicuous notice of copyright. As Appture Digital Media, LLC pays for the publishing fee of the Client’s application therefore Appture Digital Media, LLC publishes the software or application with its own name on “App Store”, “Google Play” or any other related platform; if the Client wishes to publish the Mobile Application Software with his/her name, he/she has to purchase the publishing account and other appropriate licenses and provide the respective credentials to Appture Digital Media, LLC in order for Appture Digital Media, LLC to publish his/her Mobile Application in the name of the Client. Depending on the nature of the project, Appture Digital Media, LLC has the right to charge an extra amount for publishing such application with Client’s name, if required.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Independent Contractor

Appture Digital Media, LLC is acting as an independent contractor with respect to the services provided to its Clients. Neither Appture Digital Media, LLC nor the employees, consultants and contractors of Appture Digital Media, LLC performing services for the Client will be considered employees or agents of the Client. The Client will not be responsible for Appture Digital Media, LLC’s acts or the acts of Appture Digital Media, LLC’s employees while performing services under an Agreement.

Change in Specifications

If the Client requests any changes in specifications, Appture Digital Media, LLC will use its best efforts to implement the requested change at no additional expense to the Client and without delaying delivery of the Mobile Application Software. In the event that the proposed change will, in the reasonable opinion of Appture Digital Media, LLC, require a delay in delivery of the Mobile Application Software or would result in additional expense to the Client, then the Client and Appture Digital Media, LLC shall confer and the Client shall, in its discretion, elect either to withdraw its proposed change or require Appture Digital Media, LLC to deliver the Mobile Application Software with the proposed change and subject to the delay and/or additional expense. If the said change is not affecting the on-going project phase, then such a change in specifications will be entertained only after the completion of the phase, the software will be then into.

Training

Appture Digital Media, LLC shall provide the Client and its employees with training consultations with respect to the use of the Mobile Application Software as may reasonably be requested by the Client from time to time for after acceptance at no additional costs to the Client. Appture Digital Media, LLC shall deliver a detailed user’s manual to the Client on or before completion of acceptance that will enable Client’s employees who are otherwise unfamiliar with the Mobile Application Software to become adequately informed about using the software. All training that Appture Digital Media, LLC is required to provide hereunder shall be performed at such locations and at such times as are mutually agreed by both parties. Upon the expiration of the Training Period and following Client’s request, Appture Digital Media, LLC will provide any support services necessary to insure Client’s continued use of the Mobile Application Software. Such services will be performed on a time and material basis at Appture Digital Media, LLC’s then current hourly rates for such services.

Communication

We have several different modes of communication to answer your queries. You may contact us by calling us on our toll-free number or by emailing us at [email protected] These, & other contact information, can be found on the Contact Us link on our website.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Warranties

Appture Digital Media, LLC warrants that for a period, as specified in the official contract, the Mobile Application Software will operate substantially according to the Specifications. After the delivery of such software, a maintenance contract of not more than one year will be substantial to ensure prompt resolution and smooth operation of that software. In the aforementioned scenario, the client is not required to sign a longer maintenance contract as most of the bugs or programming errors appear in the first few months only.
In the event of any breach of the warranty in the paragraph above, in addition to any other remedy to which the Client may be entitled, Appture Digital Media, LLC shall take all action necessary at its expense to cause the Mobile Application Software to operate according to the warranty.
Appture Digital Media, LLC warrants that the Software will not infringe upon any copyright, patent, trade secret or other intellectual property interest of any third party. Appture Digital Media, LLC will indemnify and hold the Client harmless from and against all such infringement claims, losses, suits and damages including, but not limited to, attorney’s fees and costs, and shall promptly following any bona-fide claim of infringement correct the Mobile Application Software so as not to be infringing, or secure at its own expense the right of the Client to use the Mobile Application Software without infringement.

No Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

Appture Digital Media, LLC reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our terms of service, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms of use form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Use contained herein. Your statutory Consumer Rights are unaffected.

COPYRIGHT © 2016, Appture Digital Media, LLC ® IS A REGISTERED TRADEMARK. ALL RIGHTS RESERVED DISCLAIMER

Logo, portfolio, images and content are sole property of Appture Digital Media, LLC All third party company names, brand names, trademarks displayed on this website are the property of their respective owners. Furthermore, Appture Digital Media, LLC has no influence over the third party material that may be being displayed on the website. Use of this website constitutes release from any claim of use, and further releases the company and any of it's principals from any claim. Use of this website is for entertainment purposes only, there is no implied use or value to any of the content within. Therefore, we are also not responsible for any resemblance with any other material on the web. Content portfolios and case studies are actual but exemplary (for better understanding); the actual names, designs, functionality, content and stats/facts may differ from the actual apps that have been published. This is due to the strict NDA policy that Appture Digital Media, LLC adheres to.