Terms of Service
WHO WE ARE
Apricot PC is a Greek company seated at Athens, Greece
Apricot PC ("Apricot" or "we" "our" or "us") owns and controls Asappien services and provides access to our website, at the url: https://asappien.com (the "Website"), and the application under the name Asappien (the “Application”). The Website and the Application shall be hereinafter referred to as the "Services".
TERMS OF SERVICES
1. OUR SERVICES
1.1. Apricot operates an application (hereinafter referred to as “Asappien” or “Application”), through which a user (the "User” or "You") may interact with other users of the Application that are located within a defined distance and are looking for engaging in the defined activities (e.g. sports) and/or have the same interests. The Application offers also suggestions regarding products, activities and social interaction based on the use of the Application by You.
1.2. By signing up to the Application a User can search for other users with common interests who wish to engage in similar activities as you. The User sets the targeting criteria and the Application serves the respective information shared by other users to their Account.
1.3. The User has to register a phone number (or apple id, or google account), their birthday, their first name and a profile photo when they create an Asappien account (“Account”). You may optionally add other information to your Account, such as an email, a profile name (“Asappien Tag”), your studies, your nationality and a small bio about yourself.
1.4. You agree to provide only true and accurate information. You further acknowledge that you will control your Account and that you are liable for any unlawful act occurring under your Account. You are responsible for maintaining the confidentiality of your password or account information, and for restricting access to your device (computer, smart phone etc). You further take full responsibility for all actions and activities performed through your Account. You should inform Apricot for any unauthorized use of your account or any breach of security. Apricot staff may login to your account from time to time for maintenance or assistance purposes.
1.5. During use of the Application you shall be given the chance to opt in or opt out (depending on the module of the Application) from group chats, to send instant messages to your application contacts, to search for people through their Asap Tag, to receive recommendations for proposed venues, events and activities depending on your recent activity. In case that you want to opt out from either of the above you should stop using the Application.
2. CHARGES & PAYMENTS
2.1. The use of Services is free of charge. However, in case that You wish to proceed with purchases of services or products offered by third parties through the Application the respective charges of each such party shall apply, while Apricot does not process any payments and bears no
responsibility for any kind of charges or costs imposed by any third party or any loss or damage caused to the User due to or during the purchase of any product or service offered through the Application but offered by a third party.
3. WARRANTIES AND OBLIGATIONS
In order to be entitled to use or continue to use the Services, You acknowledge and You warrant that You comply and you shall continue to comply with the following:
3.1. You shall not use the Services to transmit content that is unlawful or encourages or supports illegal activities, including (but not restricted to) content which may
3.1.1. be defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic.
3.1.2. infringe intellectual property rights of others or may harm the right of privacy or any other right of any party.
3.1.3. infringe applicable data privacy legislation including legislation on the protection of minors.
3.2. you will not misuse the Services or insert files that contain viruses
3.3. you will not engage in any fraudulent or deceptive activity while using the Services, such as indicatively acts of virtual impersonation of allegedly different account operators, use of external machines for purposes of false impersonation etc. Where such activity is detected by Apricot’s monitoring mechanisms, Apricot may, at its own discretion, immediately block any further use of the Services, disable any fraudulent account, recall all possible offers, benefits of which the perpetrator(s) may have taken advantage by means of the mentioned prohibited activity and request from perpetrator(s) to immediately compensate Apricot for any caused damage, harm, or loss of profit.
4.1. You hereby indemnify and hold Apricot harmless and agree to defend against any third party claim or action brought against Apricot or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) regarding the: (a) breach of any warranty, representation, covenant or agreement made by you in this Agreement; b) misuse of the Services; c) violation of any third party rights
4.2. In case of a claim, You must (a) promptly notify Apricot in writing of any third-party claim; (b) reasonably cooperate with Apricot in the defence of the matter; and (c) give Apricot primary control of the defence of the matter and negotiations for its settlement, at Your own expenses.
5.1. Without limitation of anything else set forth in the present agreement You understand and agree that Apricot further limits its liability in connection with as sets forth below:
5.2. The Services including without limitation, all content of the Website and the Application as well as the service and the functions made available on or accessed through or sent from the Website and the Application, are provided "AS IS," "as available, " and "with all faults" without warranties implied or statutory including without limitation warranties of merchantability, fitness for a particular use and non-infringement. Apricot and its parents, subsidiaries and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about the above, nor any of the following:
5.2.1. any products or services offered via the Website or the Application hypertext links to third parties; and/or
5.2.2. the treatment and the content of any information, content, material or data transmitted between the Users;
5.2.3. security associated with the transmission of information through or to any linked site or third party.
5.3. Apricot is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Services or that the defects will be corrected or that it will be free of viruses. Therefore, Apricot does not warrant that the Services and the functions contained therein are or will be uninterrupted, error-free, accurate, complete or current, that defects will be corrected; or that the servers that make them available are free of viruses or other harmful components.
5.4. Apricot is not responsible for any technical issues in relation to any telecommunications or internet network (including in relation to speed or bandwidth), including any injury or damage to entrant's or any other person's device related to or resulting from the access of use of Services.
5.5. Apricot reserves its right to terminate at any time your use of its Services, in case of any breach of the present agreement which may impose liability upon Apricot.
6. INTELLECTUAL PROPERTY RIGHTS
The past, present and future content of the Services, including without limitation, copyright works and all intellectual property rights (including Industrial Property rights) such as software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other intellectual property right and/or materials related to the Services (collectively "Content") are the sole property of Apricot.
Except as stated herein, no rights in or to the Content and/or to the Services are granted to you.
Version 1.0, Last updated on 12/12/2022