Terms Of Use
The Taking Apps™ Site Terms of Use (“Terms”) constitute a valid and binding agreement between Ideal Applications, LLC, with principal offices at 13750 West Colonial Drive Suite 350-118, Winter Garden FL 34787 (“Ideal”) and the User (“User”) agreeing to these Terms. User must agree to these Terms in order to access and use the Taking Apps™ ("APPS") Site. Ideal reserves the right to update the Terms of Use for this Agreement at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the hypertext link located at the bottom of the homepage.BY CLICKING “I AGREE TO THE TERMS” ON THE NEW USER REGISTRATION PAGE, USER EXPRESSLY AGREES TO BE BOUND BY THE TERMS. IF THE USER DOES NOT AGREE TO THE TERMS OF USE, IT MAY NOT ACCESS OR USE THE APPS SITE.
SECTION 1: User Registration:
In order to use the services provided on the APPS Site, users must register and provide us with current and accurate information on the registration form, including credit card information when an App is Published for auto-renewal billing purposes (see Section # 4). Users will be able to choose a username and password. Users are entirely responsible for maintaining the confidentiality of their password and account information.
SECTION 2: User Authentication:
User authentication is performed via login and password management by User. Cookies may used to validate Users, cookies are also deleted after logging out, closing the browser window or timing out of the session.
SECTION 3: User Access.
When registering, User will be designated as the account Administrator. You are solely responsible for protecting your account and password. APPS is not liable for any claims, losses, actions, damages, suits or proceedings relating to the sharing of your account and password with others or your failure to take appropriate security measures. APPS allows the Administrator to give access to others for the performance of tasks related to its applications. As Administrator, you have complete control in assigning various levels of access to secondary users. Once you have allowed access, APPS will automatically send those individuals an e-mail notifying them that they need to update their User account and giving them a temporary password for access to those applications that you pre-selected. At any time, you may change access levels for your secondary users, or eliminate their access entirely. You agree to notify APPS immediately of any unauthorized use of your account or any other breach of security. Ideal will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
SECTION 4: Monthly User Fees.
Users shall incur charges based on the status of their individual application(s) as outlined on the Fee Structure page. User hereby authorizes Ideal to charge the amounts due to their credit card, if on file. Ideal shall post a charge to the User statement when an application becomes Published for a period of up to thirty (30) days, and for each successive period of up to thirty (30) days thereafter that the application remains ‘Online’. User will also be charged if they purchase a Custom Application Code for a one (1) year period, or annual renewal thereafter. Ideal shall send a receipt via e-mail showing that the Fees were successfully charged to User’s credit card.
SECTION 5: Agreement to Pay.
APPS allows credit card processing for Monthly User Fee payments. You hereby authorize APPS to charge your credit card (if you have provided this information) or use any other authorized payment method to collect amounts due under this Agreement. You agree to promptly notify APPS of any changes to your credit card account, billing address or any other information that may prevent payment collection.
SECTION 6: Services Provided by Ideal.
Ideal Applications provides the following:
(a) The technology and web platform for the purposes of creating and publishing Applications on the web; and collecting, analyzing, and acting upon data received from external applicants in an online format via the Taking Apps™ Site.
(b) All costs and maintenance of the APPS Site.
(c) Maintenance and management of the infrastructure of the APPS Site, including, but not limited to,
all backups and monitoring.
SECTION 7: Notice Regarding Services.
In no event shall Ideal be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the APPS Site.
SECTION 8: Notice Regarding Templates.
Ideal makes no representations about the suitability of the information contained in the application templates available for use on the APPS Site. All such templates are provided “as is” without warranty of any kind, and could include technical inaccuracies or typographical errors. Ideal may make improvements and/or changes on the Site described herein at any time. Ideal hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, or legality. You are strongly urged to review your Apps with your legal counsel prior to use to make sure that they conform to your local/state laws.
SECTION 9: Prohibited Use.
As a condition of your use of the APPS Site, you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices:
a) You may NOT Require applicants to provide their Social Security
number for submission of any application you create.
Any such disclosure would be voluntary and your application must specifically
state that fact if applicant is asked to provide such information.
b) You may not use the Site in any manner that could damage, disable, overburden, or impair our server, or interfere with any other User’s ability to use the Site. You may not attempt to gain unauthorized access to any of the Site’s features, other accounts, or computer systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
c) You may not use this Site for data collection for harmful purposes (ie. identify
theft, solicitation of minors) or any purpose that would violate another’s rights,
or any laws.
You are hereby notified that if the
publication of an application, and subsequent collection of data, appears to be
for harmful purposes (ie. identity theft, solicitation of minors, etc.) or violates
another’s rights, or any laws, Ideal will proactively work with
all federal and local law enforcement agencies by providing all user account data
associated with your account, including network traffic logs, for the purpose of
prosecuting any offenses to the fullest extent allowed by law.
SECTION 11: Term, Termination, Or Suspension.
(a) Term. The provisions of these Terms of Use shall continue indefinitely until terminated by you or
us pursuant to the provisions hereof or in accordance with applicable law.
(b) Termination. User’s obligations hereunder may be terminated at any time by:
(1) The Inactivation of user’s application(s);
(2) Ideal for any material breach or nonperformance of the User's obligations and duties, including
payment of any fees if due hereunder.
(1) The User will immediately stop using any intellectual properties created or provided by Ideal.
(2) Ideal will delete User's application data from the server within thirty (30) days following termination.
(c) Suspension. Ideal may terminate or suspend your access immediately, without notice or liability, if:
(1) User breaches any of the provisions of these Terms (including the obligation to pay for the service);
(2) Ideal suspects your account is the subject of fraud or unlawful or improper use; or
(3) User provides false or misleading information to Ideal. Sections 7, 9, 10, 12, 13, and 14 of this
Agreement shall continue in full effect beyond the termination of this Agreement.
SECTION 12. Relationship.
Ideal and User understand and agree that this Agreement shall only govern the relationship between the two parties, and that no contractual relationship shall exist between Ideal and any APPS Site User.
SECTION 13. Ownership.
This is an enterprise business application, therefore, all data entered by you is your property. Ideal acknowledges and agrees that the User shall at all times own all right, title, and interest in their application(s) that they create on the APPS Site, as well as any data collected from applicants. User acknowledges and agrees that Ideal shall at all times own all right, title, and interest in all APPS Intellectual property (copyright, trademark, trade secret and sublicense or republication rights), associated documentation, and derivative works of each, in each case, owned, controlled, developed or licensed by Ideal prior to Ideal’s performance under this Agreement. User may not modify, disassemble, copy, reverse engineer, sell, license, assign or otherwise transfer or provide access to the APPS properties to any other entity, including any User affiliates, without Ideal’s express prior written consent.
SECTION 14: Privacy Notice.
Ideal does not share, sell, or allow any access to your data to anyone other than those users you have designated.
SECTION 15: Limitation of Liability.
(a) Ideal will not be liable
for indirect, special or consequential damages (including any loss of revenue,
profits, or data) arising in connection with this Agreement or APPS Site, including relating to any
third party through the APPS Site, even if they have been advised of the possibility of such damages.
(b) Ideal makes no express or implied warranties or representations with respect to the APPS Site
or any content provided therein. In addition, Ideal makes no representation that the operation of
the APPS Site will be uninterrupted or error-free, that defects will be corrected, and that the APPS
Site or the server(s) on which the APPS Site reside will be free of viruses or other harmful components.
Ideal will not be liable for the consequences of any interruptions or errors on, from, or relating to
the APPS Site.
SECTION 16: Help/Technical Support.
APPS has an FAQ page available to answer some common questions. If needed, technical support is available
during standard business hours Monday thru Friday from 8 a.m. to 5 p.m. EST at 1-866-865-1742.
E-mail support is available 24/7 and all requests will be answered as soon as possible.
SECTION 17: Contact Address.
To contact APPS, call 1-866-865-1742, send an e-mail to
support@takingapps.com,
or write to Manager, Customer Support, Taking
Apps, 13750 West Colonial Drive Suite 350-118, Winter Garden FL 34787.
SECTION 18: Governing Law.
This Agreement shall be governed exclusively by the state and federal laws of the State of Florida, United
States Of America.
SECTION 19: Trademark.
Elements of Taking Apps™
Site are protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or
image from the Site may be copied or retransmitted unless expressly permitted by Ideal in writing.