Get

APE™

Terms and Conditions of Use (“Terms of Use”)


Who We Are

https://www.getape.com is a website (the “Website”) operated by Off-Grid Apps, LLC (OGA,” "We," or “Us”). We are a Limited Liability Company organized under the laws of the Commonwealth of Pennsylvania, USA. The term “you” or “You” refers to the user of the Website.

How to Contact Us

To contact us, please email us at: info@oga.company

By Using Our Site, You Accept Our Terms

By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Website. We recommend that you print a copy of these Terms of Use for future reference. Our Website may be used for your informational purposes only. Our Website is made available free of charge. We may update and modify the Terms of Use from time to time, and by continuing to use the site or our tools or services after posting of a modification, you accept the modification. If you object to any portion of the Terms of Use at any anytime, you should immediately discontinue use of the Website and our tools and services.

These Terms of Use may refer to the following additional terms, which also apply to your use of our Website:

  1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  2. Our Cookie Policy, which sets out information about the cookies on our Website.
Minors

PERSONS UNDER THE AGE OF 18 MUST ONLY USE THIS WEBSITE AND PROVIDE PERSONAL INFORMATION IF THEY HAVE THE CONSENT AND SUPERVISION OF A PARENT OR GUARDIAN.

We Reserve the Right to Make Changes at Our Discretion

We periodically amend these Terms of Use. Every time you wish to use this Website, please check these Terms of Use to ensure that you understand the terms that apply at that time. These terms were most recently updated on April 29, 2021.

We May Make Changes to, Suspend, or Remove this Website

We may update and change this Website to reflect changes to our services, our customers' needs, and/or our business priorities.

We do not guarantee that our Website, or any content on it, will always be accessible or provide uninterrupted access. We may suspend, withdraw, or restrict the availability of all or any part of our Website for business and operational reasons.

You are also responsible for ensuring that all persons who access our Website through your Internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them. In the course of your use of the Website, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your social media profiles, your name, address, and/or e-mail address. Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.


AS PART OF YOUR USE OF THE WEBSITE, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE WEBSITE AND SERVICES. BY USING THE WEBSITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.

Use of Website

By accessing the Website and/or Services, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Website does not violate any applicable law or regulation.

You may not use our Website to commit any violation of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to the appropriate law enforcement officials, regulators, or other third parties, without prior notice to you, and we will cooperate with such authorities any information they request that we can provide. In the event of such a violation, your right to use our Website will cease immediately.

You are prohibited from violating, or attempting to violate, the security of our Website. Any such violation may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to:

  1. logging into a server or account that you are not authorized to access;
  2. sharing your logon credentials for the Website with anyone else;
  3. accessing data or taking any action to obtain services not intended for you or your use;
  4. attempting to probe, scan, or test the vulnerability of any system, subsystem, or network related to the Website or to any Off-Grid Apps computer or computer system;
  5. tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures;
  6. introducing or transmitting material that contains viruses, Trojan horses, worms, time bombs, logic bombs, cancelbots, or other technologically malicious or harmful computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing, a computer's functionality or the operation of the Website;
  7. interfering with, intercepting, or expropriating any system, data, or information;
  8. interfering with service to any user, host, or network including, but not limited to, by means of overloading, "flooding," "mailbombing," or "crashing" any system, subsystem, or network related to the Website or otherwise; and
  9. attacking the Website via a denial-of-service attack or a distributed denial-of service attack.
Functionality and Availability Disclaimer

We do not guarantee that the functions contained in the Website will be uninterrupted or error-free, that this Website or its server will be free of viruses or other harmful components, or that defects will be corrected even if We are aware of them. You are responsible for configuring your information technology, computer programs, and platform to access our Website. You should use your own virus protection software. The material in this Website may include technical inaccuracies or typographical errors.

Content

We are the owner or the licensee of all intellectual property rights in our Website, and in the Materials published on it, or made available through it. Those works are protected by patent, trademark, copyright laws and treaties around the world. All such rights are reserved. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms of Use, and any other relevant terms and conditions provided to you without our prior written permission. You are authorized to copy, print, or distribute such content only as follows:

  1. You may print individual pages, but you may not copy or download a large portion of the Website (e.g., no bots, webcrawlers, spiders, etc. that "harvest" the Website).
  2. You may download, print, distribute, and use pages from the Website for your informational, non-commercial purposes only. Any copies of such documents or pages must not alter the original Website content and must retain any copyright notices appearing therein.
  3. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
  4. You may not iframe this Website or any portion thereof. Linking to this Website in a way that does not otherwise infringe upon our trademark interests is permitted, provided that (a) the link does not falsely imply or suggest that We have endorsed, or are affiliated with, the linked website, and (b) you follow the “rules for linking to our site” stated below.
  5. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video, or audio sequences or any graphics separately from any accompanying text.
  6. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us.
  7. If you print, copy, or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We reserve the right to terminate all or any portion of the above authorizations to you at any time in our sole discretion.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, retransmit, or create derivative works based upon any information, content, or materials contained in the Website or any medium (including electronic or hard copy) without our express prior written consent. Nothing contained on the Website shall be construed as conferring by any license or right under any intellectual property right of Off-Grid Apps or any third party, except as expressly provided above.

Trademarks

The trademarks, service marks, and logos of Off-Grid Apps and its affiliates used and displayed on the Website are our registered and/or common-law trademarks. Requests to use trademarks owned by other companies which may be mentioned on our Website should be directed to such other companies. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without our prior written permission.

Compliance with Local Laws

We control and administer our Website from our offices within the United States, and the Website and its contents are intended to comply with applicable laws and regulations in the United States. While the information on the Website is accessible to users outside of the United States, We make no representation that the content of this Website complies with laws and regulations of any jurisdiction outside of the United States or that such content is appropriate or available for use in any such jurisdiction. Access to any content on the Website from locations where such content is illegal is prohibited. If you choose to access this Website from locations outside of the United States, you are responsible for compliance with any applicable local laws and regulations. You may not use or export any of the information on this Website in violation of US export laws and regulations.

Websites We Link To

We may provide links on the Website that allow you to connect with third party websites. We have no control over the contents of those sites or resources and We provide them to you for your information only. You access these sites at your own risk. We are not responsible for the contents of any linked site, nor does the appearance of a link imply our endorsement of them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Rules for Linking to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be iframed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact info@oga.company.

Submissions

All submissions, documents, materials, postings, comments, remarks, suggestions, ideas, graphics, or other information communicated from users to this Website (“User Materials”) are, and will forever be, the property and intellectual property of Off-Grid Apps, and you hereby assign all your intellectual property rights in such User Materials to Us. We will not be required to treat any such User Materials as confidential. Further, We will be entitled to use any such User Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. Do not submit User Materials that are unlawful, defamatory, abusive, obscene, not in accordance with these Terms of Use, or that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). If you do, We shall be entitled to remove such User Materials with or without notice to you.

Privacy

For an explanation of our policies related to the collection, use, and storage of information, please read our Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless Off-Grid Apps, its affiliates, officers, directors, employees, agents, suppliers, and third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and expenses, resulting or arising from, or incurred in connection with, any violations by you of these Terms of Use.

Limitation of Liability

We will use reasonable endeavors to remedy faults in the Website. If we fail to comply with these Terms of Use, we will be liable to you only for the purchase price of any goods or services we have provided to you. In addition, we will not be liable for: (i) faulty operation of computers during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control); (ii) any loss or damage due to viruses or other malicious software that may infect your device, computer equipment, software, data or other property caused by you accessing or using the Website, or from transmissions via emails or attachments received from us; (iii) any use of websites linked to the Website but operated by third parties.

To the extent permitted by law, OGA and its affiliates, suppliers, clients, or licensors (collectively, the “Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website, materials and functions related thereto, or lost business or lost sales, or any errors, viruses or bugs contained in the Website, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website. In no event shall the total aggregate liability of the Protected Entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms of use or your use of the Website exceed, in the aggregate, the amount, if any, paid by you to OGA for your use of the Website and/or any goods or services supplied to you by OGA.

WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. OFF-GRID APPS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF (OR THE INABILITY TO USE) THIS WEBSITE AND ITS CONTENTS, OR A WEBSITE LINKED TO THIS WEBSITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.

Disclaimer

This website is provided by Off-Grid Apps on an "as is" and “as available” basis. The content on our website is provided for general information only. It is not intended to provide advice on which you should rely. Seek and obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Off-Grid Apps makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on this website. You expressly agree that your use of this website is at your sole risk. Off-Grid Apps does not warrant that the information on this website is accurate, complete, current, reliable, or correct, that this website will be available at any particular time or location, or that the website is free of harmful components.

All product logos used are trademarks of their respective companies.

Severability

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

Applicable Law

These Terms of Use shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, USA. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts in Pennsylvania, USA.

Entire Agreement

These Terms of Use and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.