APPS+MORE Terms of Use

1. Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, APPS+MORE Content, and User Content except as permitted by this Agreement;
2. Promote any illegal activity, or advocate, promote or assist any unlawful act;
3. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy;
4. Transmit any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
5. Transmit any material or content that is inappropriate for families or otherwise suitable only for audiences over the age of 13;
6. Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
7. Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
8. Transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
9. Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
10. Use the Services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or 7tech’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or 7tech’s computer or networking systems;
11. Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
12. Otherwise use the Services for purposes other than those for which they were designed;
13. Except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any APPS+MORE Content or User Content for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy; or
14. Collect, aggregate, mine, scrape or otherwise use NoAI Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs.

The User is not permitted to modify the design or alter the appearance of the APPS+MORE Services or SHARE+MORE viewer (e.g., in embeds or screen captures) other than by using the available embed customization options and the “Viewer API” methods provided by us, and according to the User’s plan. Removing, hiding, or altering the Service’s logo watermark is prohibited to all users, under all plans.

Generally, we do not limit or impose additional fees for traffic consumption on Self-Serve accounts accept of what is listed in

• https://www.apps-and-more.com/share-and-more_plans/
• https://www.apps-and-more.com/fast-and-more_plans/
• https://www.apps-and-more.com/weld-and-more_plans/

However, this policy is subject to fair use: If your aggregate traffic usage (across all your models) is higher than 99% of Self-Serve users on our platform in any calendar month, we may, at our discretion, charge fees for excessive usage, require you to upgrade to a more suitable plan, or terminate your account(s) upon advance written notice. If this occurs on your account, someone on our team will reach out to you about next steps. It’s worth noting that most accounts never reach this threshold.

You agree to inform us promptly about any legal complaint, claim or action related to the User Content you have uploaded using the Services.

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Warranty Disclaimers, Limitations of Liability, Indemnity

DISCLAIMER OF WARRANTIES. 7tech MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICES OR THE APPS+MORE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. 7tech EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND THE APPS+MORE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR THE APPS+MORE CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR THE APPS+MORE CONTENT. No advice or information obtained by you from 7tech, or otherwise through the Services, will create any warranty not expressly stated herein.

LIMITATION OF LIABILITY. 7tech’s MAXIMUM AGGREGATE LIABILITY TO ANY USER WILL BE THE AMOUNT PAID BY SUCH USER TO US FOR THE PERIOD IN WHICH THE LIABILITY ARISES (UP TO A MAXIMUM OF EUR 1,000), ONLY IF THE USER HAS PAID FEES FOR USE OF THE SERVICES. 7tech WILL NOT OTHERWISE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, DESIGNS, USER CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity. You agree to indemnify and hold 7tech and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by 7tech directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right or applicable law, including without limitation any intellectual property, publicity, or privacy, right or law; and/or (v) any claim that any of your User Content caused damage to a third party.

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International Data Processing

7tech is a company with operations around the world. To help provide you with the Services, we and our service providers may process your data on servers and equipment located in the European Union or any other countries where we or they operate. By using the Services, you agree to the transfer of your data to locations that may be outside your country of residence, including the United States. You acknowledge and agree that, as a condition of providing 7tech with your data, you can legally transfer it to other countries like the European Union for the purposes contemplated under this Agreement. If data includes personal data of data subjects in the European Union, you may be required to enter into a data processing agreement with us that includes Controller-to-Processor Standard Contractual Clauses. Other jurisdictions may have their own data processing requirements for some parties and types of data. To learn more about data processing agreements terms that may be available to support your use of the Services, please contact us.

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Intellectual Property Claims

7tech respects the intellectual property rights of others. We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure.

In the event you believe that any User Content on the Services infringes your copyright, please file a notice of infringement to us.

To be effective, any notice submitted to our Copyright Agent must comply with applicable law, and must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7tech will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act. A copy of the notification may be sent to one or more third parties who may make it available to the public. Please be advised that it is our policy to terminate the accounts of users that repeatedly violate this Agreement.

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Modifying and terminating the Services

At any time

7tech reserves the right to modify or stop offering all or part of the Services at any time, at its own discretion, in which case we will provide you with one (1) month’s notice.

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For cause

We may terminate your user account or right to access all or portions of the Services at any time, without notice, for conduct that we believe violates this Agreement and/or is harmful to other users, to ztech, to other service or information providers, or to any third parties.

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Survival

After any termination of this Agreement and/or after you otherwise stop using the Services, the following will survive and remain enforceable and in full force and effect: (i) all outstanding obligations between you and us; (ii) all remedies for breach of this Agreement; and (iii) all terms and conditions of this Agreement to the extent necessary for the enforcement of the parties rights and obligations.

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Other Websites and Services

The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. 7tech do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by us. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. 7tech may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a User and Third-Party Services whom the User has been directed via the Services. 7tech may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

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Applicable law and jurisdiction; Arbitration

Applicable law and jurisdiction

The Services are primarily operated by 7tech from its offices in Austria (European Union). Access to the Services from jurisdictions where such access is illegal is prohibited. All matters arising from or relating to this Agreement and the use and operation of the Services shall be governed by the substantive laws of Austria, without regard to its conflicts of laws principles, except to the extent the privacy laws of other jurisdictions govern our treatment personal information as described in our Privacy Policy. Without derogation of the obligation to arbitrate set forth in Section “Amendment” below, you agree to submit to the personal jurisdiction of the state and federal courts located in Austria. If you are accessing the Services from locations outside the European Union, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or User Content in violation of EU export laws or regulations.

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Arbitration

All disputes arising out of or relating to this Agreement or the Services shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of Austria. The arbitration shall be conducted in Austria, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the Arbitrator is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. Any claims shall be adjudicated on an individual basis only, and ALL USERS WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, 7tech shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of 7tech, such action is necessary or desirable. Also notwithstanding the foregoing, a User may at their option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. 7tech does not hereby waive any defense that such jurisdiction may be lacking in the User’s jurisdiction.

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Class Action Wavier

To the maximum extent permitted by applicable law, you agree to only bring disputes in an individual capacity and shall not: seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of 7tech and all parties to all other actions or arbitrations.

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Amendment

7tech reserves the right to amend the Agreement at any time by posting a notice on this page, sending an email notification to registered Users, or otherwise notifying Users via the Services. Registered Users will receive notification of forthcoming change thirty (30) days before the Agreement as amended is effective. Any User using the Services after an amendment has become effective accepts the Agreement as amended. A User who does not accept the amended Agreement shall, before it becomes effective, cease use of the Services.

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Miscellaneous

This Agreement represents the entire agreement between 7tech and the User with respect to the provision of the Services, and all prior representations and understandings, whether written or oral, are excluded. No delay or omission by 7tech in exercising any of its rights occurring upon any noncompliance or default by any User with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by 7tech of any of the covenants, conditions or terms to be performed by a User will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or terms hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then the Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. 7tech may freely assign this Agreement, including to any purchase of 7tech, Inc. and/or its business operations. You agree that the electronic text of this Agreement constitutes a writing, and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

You consent to receive communications from us electronically, and you agree that we may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you, or that you provide to us, electronically satisfy any legal requirement that such communications be in writing. We are not responsible for any automatic filtering that may be applied to any email notices that we send to the email address you have provided.

The Services are operated by 7tech GmbH. General inquiries may be directed to office@apps-and-more.com.

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