PRICING TERMS AND CONDITIONS

These Pricing Terms and Conditions constitute the integral part of the Agreement together with Terms and Conditions, Privacy Policy, Personal Data Policy between Apptica Limited, a limited liability company, validly incorporated and existing under the laws of the Republic of Cyprus, under registration number HE 367125 and registered office 25 Martiou, 27, Office 106, Egkomi, 2408, Nicosia, Cyprus (hereinafter «Apptica», «us», «we», «our») and you.

Paid Subscriptions (hereinafter – «the Paid Subscription»)

You can subscribe for our services on website www.apptica.com. In accordance with Agreement, Apptica may provide you with the period of free use of the Services (hereinafter - «the Free Trial») during which we do not require submission of any payment details with us.

However, after the Free Trial has lapsed and you have chosen to subscribe for the Services, we will require you to elect the payment method for the Services being convenient to you (hereinafter - «the Payment Plan») and to supply us with the appropriate payment details to produce the order form (hereinafter- «the Order Form»).

Unless otherwise specified in the applicable Order Form, (i) Services are purchased per user subscription (monthly or annually) and shall be used by the specified number of users only, (ii) additional user subscriptions may be added during the applicable subscription term. User subscriptions are for designated users only and cannot be shared with that being not designated by Apptica. At the same time, upon approval by Apptica they may be reassigned to new users replacing former ones who do not require the use of the Services any more.

Additional user subscriptions for the Services will be added at the pricing specified in the relevant Order Form, excluding, if any, one-off rebates that may be awarded to you by Apptica for the initial subscription period only. Such rebates shall be prorated for the remainder of the subscription term in effect at the time the additional user subscriptions are added. Added user subscriptions are considered to be terminated once the user terminates its preexisting subscriptions.

2. Fees and Payments For the Purchased Services

2.1. Fees

You shall pay all the fees specified in the applicable Order Forms.

Except as otherwise specified herein or in an Order Form, (i) fees are based on the purchased Services but not the actual usage of that; (ii) payment obligations may not be terminated and paid fees may not be refunded to you; (iii) any payment information you provided with us is true and accurate; (iv) you authorize us to exploit the Payment Plan you elect upon subscription; (v) we have permission to retain the payment information, including all submitted debit and credit card information, submitted by you, your bank or the applicable payment network; and (vi) the number of user subscriptions purchased cannot be decreased during the relevant subscription term stated on the Order Form.

You agree that Apptica is not responsible for any actions applied by the credit institution or payment service provider including but not limited to any additional transaction fees, banking commissions or currency fees applied to its transaction. You agree to comply with all the rules and applicable policies of the relevant credit institutions and payment service providers involved in processing the fees paid for the Services.

You shall indemnify Apptica against all losses suffered or incurred by it arising out of or in connection with any payment made to Apptica.

The fees for your Paid Subscription shall be automatically charged on the date of your subscription and according to Payment Plan monthly or annually or in accordance with any different billing frequency stated in the applicable Order Form thereafter (hereinafter - «the Billing Circle») unless you cancel your subscription or change the Payment Plan.

In the event your Paid Subscription starts on a day not contained in a given month or year, we will charge your credit card on the last day of such month or year.

For example, if your subscription began on January 31st, February 28th is the next time your credit card would be charged. You acknowledge that the amount to be charged each month may vary due to promotional offers, changes in your account, or changes in the amount of applicable taxes, therefore, you authorize us to charge your credit card for such varying amounts. We may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you shall update your information accordingly. If your credit card has expired, your continued use of our Services constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts due. In every event when you change your Payment method, data of your card or data of your payment system we may initiate a Security check, so any or all of your transaction may be frozen for a while.

2.2. Invoicing and Payment

Apptica accepts certain debit and credit cards as well as other forms of cash payment (e.g., Paypal transfers) as payment methods for Paid Subscription subject to the procedures and rules contained in this Agreement and any applicable contract signed between Apptica and relevant payment service provider. Payment methods may vary by country or by Paid Subscription and may change from time to time. Apptica may consider other payments methods upon request of the user.

Unless otherwise expressly provided, we will issue our invoice on or shortly after the date on which the Paid Subscription is purchased. Fees are payable upon your receipt of the invoice.

All payments of invoiced amounts shall be made in the currency specified on the invoice issued by Apptica. Any invoice that remains unpaid for fourteen (14) days after the invoice has been issued is considered to be delinquent.

2.3. Changes in Fees

We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in subscription fees by email to the address in your account information. Any increase in charges for the same Paid Subscription would not apply until the expiration of your current Billing Cycle, unless otherwise specifically provided in our notice to you.

If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Subscription before the price change becomes effective. In such circumstances cancellation of you account shall be effective at the expiration of your current Billing Cycle.

2.4. Overdue Charges

You payment obligations are deemed to have been performed upon actual acquisition by Apptica with the amount due. If you delay you payment under this Agreement, Apptica will charge a penalty interest of 0.1% of the overdue amount for every delayed day.

Hereby you are obliged to indemnify any damages caused to Apptica by the delay and reimburse the costs of collecting the debt (including the costs of legal assistance, costs of submitting an extra-judicial claim and court expenses).

Apptica reserves the right to suspend or terminate Agreement in case you default in payment two or more times and to claim compensation for damages suffered, without any prejudice to Apptica’s rights.

Apptica may not exercise its right under Section 2.4 (Overdue Charges) if you are disputing the applicable charges in due time, reasonably and in good faith and when you are cooperating diligently to resolve the dispute.

2.6. No Refunds

You may cancel your Apptica account at any time; however there are no refunds for cancellation. If you cancel you account before the end of the relevant Billing Cycle you will have access to your account for the remainder of that Billing Cycle. In the event Apptica suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund for Paid Subscription and Services have not been provided to you yet in the relevant Billing Circle.

3. Cancelling Your Account

Your subscription with us will continue in effect unless you cancel your Paid Subscription, deactivate your account or we terminate it. You must cancel your Subscription before it renews each months order to avoid billing of the next Billing Circle.

If you wish to cancel your subscription you may do so via our technical support services support@apptica.com

By upgrading you Payment Plan and providing us with your payment account information, you hereby agree to this Agreement.

4. Special Offers

Apptica may enable special offers for certain eligible group of users. If Apptica decides that you qualify for it and subscribe through a special offer, you will be billed the advertised special rate for one months or year and automatically renewed at the regular rate after that.

5. Miscellaneous

You shall indemnify, defend, and hold us and our affiliates, and their respective officers, employees, agents, successors and assigns harmless from and against any and all liabilities, obligations, losses, damages, fines, claims, penalties, actions, judgments, and expenses (including reasonable attorneys’ fees) arising from your failure (or the failure of your employees or anyone you have directed to use the Service and/or Paid Services) to comply with any applicable laws, rules, or regulations.

By accessing and using the Services you accept and agree to be bound by and comply with these Agreement and you confirm that you understand the content of the Agreement in full and that you personally, freely, for your own benefit knowingly and willfully express your consent for concluding it in the form it is presented here with all modifications and amendments that can be introduced to it, and that you were not provided with any additional guarantees, warranties, agreements, contracts, obligations, compensations or any other promises of any kind, except those that are explicitly defined by the Agreement, and that you voluntarily, unconditionally and irrevocably waive any claims, rights and/or means of protection, except those provided by the Agreement.

If you do not accept and agree to be bound by the current Agreement, please do not access or use the Services. If you are accessing or using the Services on behalf of another natural person or a legal entity, you represent and warrant that you have the appropriate authority to bind such person or entity to the current Agreement.

You acknowledge and agree that any credit card and related billing and payment information that you provides to Apptica may be shared by Apptica with companies who work on its behalf such as payment processors and/or credit agencies solely for the purpose of checking credit and/or effecting payment to Apptica and serving customers account.

Apptica shall not be liable for any use or disclosure of such information by such third Party.

If you have any questions regarding this Agreement, we are always happy to assist you with any issue. Please contact us at support@apptica.com