Appgrade Inc.´s Terms of Service
Last updated: May 3, 2022
THIS IS A LEGAL BINDING CONTRACT BETWEEN YOU AND APPGRADE INC. (“THE COMPANY”, “WE”) STATING THE TERMS THAT GOVERN YOUR USE OF THE FOLLOWING APPGRADE
INC.´S WEBSITES AND THEIR ASSOCIATED MOBILE APPLICATIONS, REFERRED TO AS “APPS” OR “SERVICES”:
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
BY CLICKING “ACCEPT”, DOWNLOADING OUR MOBILE APP, OR USING OUR WEBSITE AND APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING APPGRADE INC.´S PRIVACY POLICY (TOGETHER, THE “TERMS”), AND ANY OTHER TERMS THAT GOVERN CERTAIN PRODUCTS AND SERVICES, WHICH WILL BE PRESENTED IN CONJUNCTION WITH THOSE PRODUCTS AND SERVICES.
NOTE: Our Apps are not intended for children under 16 years of age, and you may not use our Service if you are under 13. You hereby represent and warrant that you are at least 16 years of age.
Rebien is a mobile and web application that easily consolidates information and communication for better management of physical assets (referred to as “assets”) among owners and co-owners. The Service enables users to provide registration of their assets and create private asset groups among co-owners or users. Our service also allows Service Providers to register and create an account, register their business information, buy points, bid and accept Service Request from owners and co-owners registered in our App, as well as publish ads for promoting their business and services in the App´s marketplace.
The Service enables users to privately register personal and asset information, use a booking calendar, report expense and income of their assets, use image lists, use group chats, post repair and maintenance request of their assets for registered Service Providers, as well as having access to a marketplace for registrants of our Services, where they can create and display ads for buying, selling, renting, bidding and exchange assets use time.
The Service keeps track of the registered and shared information, provides advice, and stores this data for later use.
We offer our Services "as-is" without a warranty. Our Service is a work-in-progress, and sometimes some features of our website and App may not work exactly as planned. Please be patient with us and we'll always do our best to support you.
We may stop offering or restrict certain services or features at any time, without previous notice.
You agree that Appgrade Inc.´s liability to you is limited; and that all disputes between you and Appgrade Inc. will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 26 about Dispute Resolution, Arbitration and Class Action Waiver for the details regarding your agreement to arbitrate any disputes with Appgrade Inc..
Appgrade Inc. owns all worldwide rights, title, and interest, including all intellectual property, Rebien brand and logo, and other proprietary rights, in and to the App, the website, the software and technology used by the Company, to provide the App features and functionality, and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform, or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials.
Any rights not expressly granted herein are reserved by Appgrade Inc..
TERMS OF USE
1. Who can use our Services: You may use our Services only if you agree to these Terms of Service and to the processing of your information as described in the Privacy Policy. You may not use our Services if you are barred from receiving services under the laws of the applicable jurisdiction, if we previously banned your account for violation of these Terms, or if you are under the age of 13.
2. Conditions of use: You agree that you will use the Service for its intended purpose, and in compliance with all applicable laws and regulations: local, state, and national, and international, as applicable. You agree not to use the Service in a fraudulent, disruptive, aggressive, or manipulative way, neither for money laundering, tax evasion purposes, or any other inappropriate matter. Appgrade Inc. reserves the right, but has no obligation, to investigate your use of the service for compliance with appropriate use and terminate your access to the Service, or in order to comply with law, regulations, legal process or government request.
3. Informal Information: Our Service allows owners/co-owners to register and privately share asset information among their asset group on our Service, and to post asset information as they please within their asset group. You agree that you may post asset information to Service Providers, when posting a service request involving your registered asset. Service providers may register information about their contact information and their business, their service and other related information to be visible to owners/co-owners. You agree that you understand that this information is not legally binding, and represents informal information shared among owners, co-owners, Service Providers or users of the App. You agree that the Service cannot guarantee the accuracy of information entered by users.
4. What you represent: You agree to represent yourself honestly, that all the information you provide is true, correct, and current, to the best of your knowledge, and that you have the necessary rights, power, authority, and age to agree to these Terms and to perform the acts required of you by the agreement.
5. Accounts: Our Services and Apps require you to create an account to get access to the Services. You agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, name, email address, phone number, password, or other account information. We may suspend or terminate your account and your ability to use the Services or any portion thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
6. No Warranty: Appgrade Inc. does not represent that the Service is error-free, complete, or can be relied upon. THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITH NO WARRANTY OF ANY KIND AND YOU ARE USING THE SERVICE AT YOUR OWN RISK. APPGRADE INC. DISCLAIMS ANY WARRANTY, IMPLIED OR OTHERWISE, REGARDING THE SERVICE, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. Termination and Refusal of Service: Your access to the Service may be terminated at any time, for any reason, at Appgrade Inc.´s sole discretion. This includes the right to ban any person from the service who uses our App to send spammy, unwanted or hostile communications to other users, or violates the Terms of this Agreement.
8. Privacy and Security: In order to provide the Services to you, we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your data as laid out in that Policy in order to use our Services. You agree that Appgrade Inc. may disclose personal information provided to us, including content of emails, messages, and data entered into the Service, if required to by law or government request such as a warrant, or as specified in the Privacy Policy. You must be 13 years or older to use this service. You are responsible for preventing unauthorized access to your account.
9. No Liability: UNDER NO CIRCUMSTANCES WILL APPGRADE INC. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING EMOTIONAL DISTRESS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL APPGRADE INC. BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
10. Third Party Services. Our App may request access to certain services offered by or through third parties (“Third-Party Services”). In order to utilize those Apps that use or gather information from Third-Party Services, you hereby authorize us to share your account data with such Third-Party Service Providers to the extent necessary to deliver their service. You hereby authorize and permit the Company to use and store information submitted by YOU to accomplish the foregoing. All information and data obtained from such third parties shall be deemed as User Content and treated as such pursuant to the terms of this Agreement.
If you access and use the Third-Party Services, you are solely responsible for evaluating and assessing any Third-Party Services including terms and conditions which apply. We shall access, use, process and store your information and account data strictly in accordance with these Terms, and solely for the express purpose of providing you with the services offered by our Apps.
11. Communications: Appgrade Inc. will communicate with you by various methods, including email, text messages, and information transmitted through our Service, such as push notifications on your mobile device. We may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the App, promotions or marketing information regarding our Service, offerings and acceptances of Service Requests, payment, and related issues. These text messages are essential to our Service. If you do not wish to receive text messages from us, do not use our Service. Text messages may be sent using an automatic telephone dialing system. When you install the App on your mobile device, you agree to receive push notifications, which are messages the App sends on your mobile device even when you are not actively using the App. You can turn off push notifications from our App by visiting your mobile device’s “settings” page. We also communicate with you using email. Many of our emails provide you with promotional information about our Services and your use of it. If we send you any promotional email, we will include unsubscribe instructions in the promotional email describing how to opt out of promotional emails from our Service.
12. Maintenance: Appgrade Inc. may update or provide new versions of the Service at any time in its sole discretion. The App may be unavailable from time to time in connection with such updates, routine maintenance, or for other causes such as failures of infrastructure or the correction of other failures; however, Appgrade Inc. will make reasonable efforts to conduct any routine updates or maintenance outside of standard business hours and/or to provide prior notice on the App. Appgrade Inc. may at its discretion use technology (including digital rights management protocols) or other means to protect the Service, protect the data of its users, or prevent a breach of these Terms.
13. Third-Party Payment Processor. Appgrade Inc. uses a third-party payment processor for all payment transactions. In order to make payments for our Services, you must sign up for a payment account with Appgrade Inc.´s third-party payment processor, provide the relevant account information to Appgrade Inc., and maintain such account in good standing. Your payment account with the third-party payment processor will be governed by an account agreement which is solely between you and the third-party payment processor. For clarity, Appgrade Inc. is not a party to that account agreement.
14. Currency. Payments made and received under these Terms will be denominated in the currency identified to you in the App/Website, which will usually be the local currency of the country where you are located, and its equivalent in United States Dollars (USD).
15. Paid Subscriptions: A monthly subscription will automatically renew each month on the same day of the month as your original subscription on an ongoing basis, unless you cancel 24 hours before the end of the current billing period. An annual subscription will automatically renew each year on the same day of the year as your original subscription on an ongoing basis, unless you cancel 24 hours before the end of the current billing period.
The price at which our Service is offered may vary due to date of subscription, country, local taxes and regulations, promotions, and Appgrade Inc. reserves the right to change the price and subscription benefits at its sole discretion. App and website access of our Service may be suspended for overdue payments.
If you have issues with your payment, please email support@rebien.app (we reserve the right to offer or refuse refunds at our sole discretion).
To view, change, or cancel your subscription, follow the instructions for your operating system:
If Appgrade Inc. is unable to collect any subscription fees from your account with our third-party payment processor, Appgrade Inc. may request such fees from you directly, and you agree to pay such fees to Appgrade Inc. within 8 days of Appgrade Inc.´s request.
16. Rebien Points for Service Providers: Service Providers registered in our App are able to purchase Rebien Points or “Points” towards their account, and use those Points to bid and accept Service Requests published by owners/co-owners in the App.
A specific Point amount will be discounted from the registered Service Provider´s account balance, at the moment they bid and accept a Service Request from a registered user of our Service. Points have an expiration date of 60 calendar days, starting at the purchased date, and afterwards Points will expire and will no longer be valid to be used for bidding and accepting Service Requests, or to publish promotional ads in the Service Marketplace. After the 60th calendar day valid period, no refund will be granted if Points expire. If Service Providers do not have enough Rebien Points in their account balance, it will not be possible to bid and accept Service Request, until having the minimum amount of required Points in their account for bidding and accepting Service Request.
Rebien Points may also be used to publish promotion ads for Service Provider´s business and services in the App's Service Marketplace. In case of improper, unlawful, fake service advertisement publications, false statements publications, explicit, violent, discriminatory, vulgar, political content, and unethical Service ad Publications, Appgrade Inc. reserves the right to immediately remove your ad Publication from our Service Marketplace, without the possibility of a Publication Fee refund, your account in our Service will be terminated, and you will be banned from our Services permanently, without the possibility of any refund.
Rebien Point equivalent monetary value, Point amounts per service, and Rebien Point amount for promotion ads at the Apps´ Service Marketplace, may vary due to the country, local taxes, type of Service Request, type of asset to be serviced, and Service Promotion. Appgrade Inc. reserves the right to change the Rebien Point monetary value, Point amount per service, and promotional ad Point amount, at its sole discretion.
The process of purchasing Rebien Points, requires a Service Provider to have a valid payment method, a valid credit or debit card, in order to make payments through Appgrade Inc.´s third-party payment processor, and maintain such account in good standing.
App and website access to our Service may be suspended to Service Providers for overdue payments, and their overall service score may be affected if payment terms are not met according to these Terms of Service.
If you have issues with your payment, please email support@rebien.app (we reserve the right to offer or refuse refunds at our sole discretion).
If Appgrade Inc. is unable to collect any applicable fees from your account with our third-party payment processor, Appgrade Inc. may request such fees from you, and you agree to pay such fees to Appgrade Inc. within 8 days of Appgrade Inc.´s request.
17. Publication Fee in Rebien´s Marketplace: Registered users of our Services can publish and promote their assets in the Apps´ Marketplace, where assets can be bought, sold, rented, bided, or temporarily exchange its use for other asset use for a period of time. The daily publication fee will be established for a minimum period of 10 consecutive days, and the daily Publication Fee may vary due to the country, local taxes, asset type, service type, and Service Promotion. Appgrade Inc. reserves the right to change the Publication Fee at its sole discretion. Marketplace access in our App and Website may be suspended for overdue payments regarding your publication.
In case of improper, unlawful, fake asset publications, false statements, violent, explicit, discriminatory, vulgar, political content, and unethical Publications, Appgrade Inc. reserves the right to immediately remove your Publication from our Service, without the possibility of a Publication Fee refund, and your account in our Service will be terminated, and you will be banned from our Services, without the possibility of a Subscription Refund.
If you have issues with your payment, please email support@rebien.app (we reserve the right to offer or refuse refunds at our sole discretion). This process requires for the user to have a valid payment method, a valid credit or debit card, in order to make payments through Appgrade Inc.´s third-party payment processor, and maintain such account in good standing.
If Appgrade Inc. is unable to collect any applicable fees from your account with our third-party payment processor, Appgrade Inc. may request such fees from you, and you agree to pay such fees to Appgrade Inc. within 8 days of Appgrade Inc.´s request.
18. Nature of Relationship with Service Providers: The relationship between you and Appgrade Inc. is that of independent contractors. Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action, that shall be binding upon the other, except as provided for herein or authorized in writing by the party to be bound. Appgrade Inc. does not employ, pay, or supervise any Service Providers, nor does Appgrade Inc. serve as a hiring or contracting agency for Service Providers. If an Owner/co-owner chooses to hire a Service Provider, that business relationship is entirely between the Owner/co-owner and the Service Provider. Appgrade Inc. merely provides certain online features and functionality as part of the Service offered to both Owners/co-owners and Service Providers. If you are a Service Provider, you expressly acknowledge that you are not an employee of Appgrade Inc., and that you are not entitled to any benefits of employment with Appgrade Inc., including but not limited to unemployment benefits. You expressly acknowledge that you are responsible for filing and paying your own taxes, insurance, and social security, if applicable.
19. Service Providers Safety Requirements and Quality: National, State, and local regulations and applicable laws regarding safety, codes, security, control and quality of the services provided by Service Providers in each country, MUST be met. The Service Provider will act with full responsibility regarding its service specialty, the nature and type of the service it provides, and the services´ related risks, providing the required and necessary training and equipment, support, and procedures, to successfully and safely provide the service it accepted. It is the Service Provider and/or its employer the sole responsible for possessing the necessary personnel, training, certifications, equipment, tools, materials, support, insurance, up-to-date social security payments, and other required obligations by local law, for the personnel in charge of providing the service request. It is the Service Provider and/or its employer the sole responsible for providing the safe means and necessary equipment for a safe personnel displacement to and from the asset location.
20. No Liability for Service Providers: UNDER NO CIRCUMSTANCES WILL APPGRADE INC. BE LIABLE TO YOU AS A SERVICE PROVIDER (OR YOUR EMPLOYEES) FOR ANY INDIRECT, INCIDENTAL, ACCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, BY INJURY OR DEATH (INCLUDING EMOTIONAL DISTRESS) ARISING OUT OF OR IN CONNECTION WITH, OR CONSEQUENCE OF YOUR USE OF OUR SERVICES, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ACCIDENTS. UNDER NO CIRCUMSTANCES SHALL APPGRADE INC. BE LIABLE TO YOU AS A SERVICE PROVIDER FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
21. Owners/ Co-owner and Service Providers Relationships: Appgrade Inc. does not provide on-site services of any kind, nor does it employ, represent or endorse any Service Providers. The Platform merely facilitates the exchange of information between Owners/co-owners and Service Providers.
Once an owner/co-owner posts a Service Request, and a Service Provider accepts the Job, the Platform will confirm to the owner and Service Provider that the service has been accepted. Once a service request is accepted, an agreement is formed directly between the owner/co-owner and the Service Provider. Owners/co-owners and Service Providers are entirely responsible for determining the terms and conditions governing any agreement they form for providing and receiving the services.
Appgrade Inc. cannot (and does not) assume any responsibility for the accuracy or reliability of any information provided by the Owners/co-owners or the Service Providers. Owners/co-owners and Service Providers information available on the App is primarily user-generated and Appgrade Inc. is under no obligation to vet any user-generated information for accuracy.
Appgrade Inc. cannot (and does not) vouch for either Owners/co-owners or Service Providers:
A. If you are an Owner/Co-owner, Appgrade Inc. cannot (and does not) vouch that:
B. If you are a Service Provider, Appgrade Inc. cannot (and does not) vouch that:
22. No Guarantee or Endorsement: Appgrade Inc. has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Job related to a Service Request, (ii) the truth or accuracy of any descriptions, ratings, reviews, or other User Content, or (iii) the performance,conduct or legal background of any Service Provider, an Owner/co-owner, or other third party. Appgrade Inc. does not endorse any Service Provider or any services they provide. Any references to a Service Provider being “verified” (or similar language) only indicates that the Service Provider has completed a verification or identification process during registration of our Service, and nothing else. Any such description is not an endorsement, certification, or guarantee by Appgrade Inc. about any user, including the user’s identity or background, or whether the user is trustworthy, safe, or suitable.
23. Safety: Appgrade Inc. is under no obligation to investigate the information that Owners/co-owners or Service Providers provide through the App, such as information contained in user profiles, and does not represent that such information is true or complete. Service Scores and any recommended matches or reviews, do not (and are not designed or intended to) indicate personal safety or risk levels. Appgrade Inc. encourages all Owners/co-owners and Service Providers to take reasonable and prudent safety precautions when meeting new people, particularly inside a private home or in the location of any asset to be serviced. It is also required that only adults interact with Service Providers during the Service Request process in our App, and during Service visits. It is highly recommended that Service Providers and personnel hired to provide a service on behalf of an employer, get criminal background checks and make sure Service Providers and their personnel are not in any sex offender database, even before hiring an employee or before providing any services. All Service Providers must be of legal age to provide the intended Service.
24. Indemnification: You agree to hold Appgrade Inc., its employees, agents, and representatives, as harmless and indemnify Appgrade Inc. from any third-party claim arising from or in any way related to your use of the Service, including liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees, of every kind and nature.
25. Notice and Good Faith Resolution: A party who intends to seek arbitration, you must FIRST send an electronic mail (e-mail) with title “Notice of Claim” followed by your complete name, to the email address support@rebien.app, with your full identification and valid contact information (current physical address, current email address, current telephone number) to fully reply to your Notice under the stipulated time frame. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Appgrade Inc. may commence an arbitration proceeding.
26. Dispute Resolution, Arbitration and Class Action Waiver: You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration in Miami, Florida before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
27. Choice of Law; Forum: You agree that the Service shall be deemed based in the state of Florida, USA. This document shall be governed in all respects by the laws of the United States and the State of Florida. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Miami, Florida. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Miami, Florida for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
28. Limitation of Actions: Any claim or cause of action arising out of your use of the App or Service, must be filed within six months after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Appgrade Inc. to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
29. Modifications to the Agreement: You agree that Appgrade Inc. may modify this agreement at any time, effective immediately, by posting a new agreement on our Website and App. You agree that even if you have not personally visited the Service website or App with the new terms of this agreement, that they may have force immediately.
30. Severability: If any part of this agreement is held to be invalid or unenforceable, the provision shall be deemed to be superseded by a valid enforceable provision in its place that closely matches the intent of the original agreement, and all other parts of the agreement shall be enforced.
31. Exercise: You agree that the failure of Appgrade Inc. to exercise or enforce any part of this agreement and Terms does not constitute a waiver of the rights of provisions of this agreement.
32. Jurisdiction: You agree that this entire agreement (including the Privacy Policy) shall be interpreted according to the laws of the State of Florida, USA.
33. Entire agreement: These Terms comprise the entire agreement between you and Appgrade Inc. with respect to the above subject matter.
For further questions or comments regarding these Terms, please contact: support@rebien.app