Terms of Service

Effective Date: 6 February 2025

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These Terms of Service ("Terms") govern your use of the Appaca platform (“Service”), which is provided by Licode Pty Ltd (ACN: 670 334 700) trading as Appaca (“Appaca,” “we,” “us,” or “our”). By accessing or using the Service at https://www.appaca.ai, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Service.

1. Acceptance of Terms

By registering for, accessing, or using Appaca, you agree that you have read, understood, and accept these Terms, including any future modifications. These Terms constitute a binding legal agreement between you and Appaca.

2. Modifications to the Terms

We may update or modify these Terms from time to time at our sole discretion. If we make material changes, we will provide notice by revising the “Effective Date” at the top of these Terms or by other means as required by law. Your continued use of the Service after any modifications constitutes your acceptance of the updated Terms.

3. Description of the Service

Appaca is a no-code platform for building AI applications. The Service provides:

• A no-code editor for designing your application’s user interface.
• A builder for creating action flows.
• Integration with various Large Language Models (LLMs).
• Features to monetize your application through subscription plans and to sell AI credits.

Access to specific features and usage limits will be based on the subscription plan you select. Appaca is free to build upon; charges apply only when you launch your application or use advanced features (such as advanced LLM integrations).

4. Eligibility

You represent and warrant that you are at least 18 years old or have the legal capacity to enter into these Terms. The Service is intended for businesses, startup founders, agencies, and indie hackers. By using the Service, you affirm that you meet these eligibility requirements.

5. Account Registration and Security

• Registration: To access certain features of Appaca, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
• Security: You are responsible for safeguarding your account credentials. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
• Account Activity: You are responsible for all activities that occur under your account. Failure to comply with these Terms may result in immediate termination of your account without notice.

6. Subscription, Payment, and Billing

• Subscription Plans: Appaca is offered on a subscription basis with monthly and annual billing cycles. In addition to the base subscription fee, additional charges may apply for exceeding AI credits or storage limits, as defined by your selected plan.
• Payment Processing: All payments are processed securely via Stripe. By providing your payment information, you authorize us to charge the applicable fees on the billing cycle associated with your subscription.
• Free Build Option: You can build on Appaca free of charge. You incur charges only when you launch your application or use advanced features (e.g., advanced LLMs).

7. Refunds and Cancellations

• No Refund Policy: All fees paid are non-refundable. Once a charge is processed, you will not receive a refund.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. We reserve the right to suspend or terminate your account immediately if you breach these Terms.

8. User Responsibilities and Prohibited Activities

You agree that you will not, directly or indirectly, engage in any activities that may:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe or violate the intellectual property rights or other proprietary rights of any party.
• Transmit any harmful, threatening, defamatory, harassing, abusive, or otherwise objectionable material.
• Distribute or install any viruses, worms, or any other software intended to damage or interfere with the Service.
• Engage in fraudulent, deceptive, or malicious activities.

Appaca reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing or disabling access to the Service.

9. Intellectual Property and Content Ownership

• Customer Content: You retain full ownership of all content and data that you generate or upload (“Customer Content”). You grant Appaca a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, modify, and display such Customer Content solely for the purpose of operating and providing the Service.
• Appaca IP: All intellectual property rights in the Service, including the design, structure, selection, coordination, expression, "look and feel" and arrangement of such elements, are owned by Appaca. Nothing in these Terms shall be construed as transferring any rights, title, or interest in or to Appaca’s intellectual property to you.

10. Termination and Suspension

• Termination by You: You may terminate your account at any time in accordance with these Terms. Your termination will not relieve you of any obligations incurred prior to termination.
• Termination by Appaca: We may suspend or terminate your access to the Service immediately and without prior notice if you:
  • Violate these Terms.
  • Engage in misuse, malicious activities, or any behavior that we determine, in our sole discretion, poses a risk to the Service or its users.
• Procedure: Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall remain in effect.

11. Disclaimers and Limitation of Liability

• Disclaimer of Warranties: The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted or error-free operation of the Service.
• Limitation of Liability: In no event shall Appaca, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Service, even if advised of the possibility of such damages. Our total liability to you for any claims arising from or related to these Terms shall not exceed the total amount paid by you to Appaca during the three (3) months immediately preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Appaca, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any rights of any third party.

13. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
• Dispute Resolution: Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New South Wales, Australia. By using the Service, you consent to the personal jurisdiction of these courts and waive any objection based on inconvenient forum.

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Appaca regarding the use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral, or written.
• Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
• Waiver: The failure of Appaca to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of Appaca. Appaca may assign these Terms at its discretion without notice to you.

15. Contact Information

If you have any questions or concerns regarding these Terms or the Service, please contact us at:

‍Email: support@appaca.ai
Website: https://www.appaca.ai

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‍By using Appaca, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.This document was last updated on 6 February 2025.