Standard Terms of Use Contractual Clauses: Appy Pie LLC 170 W Shirley Ave #203, Warrenton, VA 20186
Standard Terms of Use Contractual Clauses: Appy Pie LLC 170 W Shirley Ave #203, Warrenton, VA 20186
Standard Terms of Use Contractual Clauses: Appy Pie LLC 170 W Shirley Ave #203, Warrenton, VA 20186
The following terms and conditions govern all use of AppyPie.com website and all
content, services and products available at or through the website (collectively, the
“Service”). The Service is owned and operated by Appy Pie LLP, a limited liability
partnership incorporated in New Delhi, India under the LLP Act, 2008 having LLPIN
AAF-5370 and having its principal place of business at 165, NSEZ Noida, 201305 India
(hereinafter referred to as the “AP”, which expression shall mean and include its heirs,
successors and permitted assigns). AP currently uses third parties to accept payments
(hereinafter a “Third-Party Payment Processor's”). Subscribers will make all payments
to AP using this Third-Party Payment Processor's, which are currently Appy Pie LLC in
the USA & Appy Pie Ltd in the UK, and which may be changed/updated by Client in
writing. AP has the right to change the Third-Party Payment Processor or to cease
using a Third-Party Payment Processor at any time. Despite any similarity in name,
there is no affiliation between the Third-Party Payment Processor and AP, and the
Third-Party Payment Processor is not a party to this Agreement. The Service is offered
subject to your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without limitation,
AP’s Privacy Policy) and procedures that may be published from time to time on this
Site by AP (collectively, “AP”).
Please read this Agreement carefully before accessing or using the Service. If you do
not agree to all the terms and conditions of this agreement, you must not access or use
any of our services. If these terms and conditions are considered an offer by AP,
acceptance is expressly limited to these terms. The Service is available only to at least
16 years old individuals.
If you create a social network or mobile application on the Service, you are responsible
for maintaining the security of your account and blog, and you are fully responsible for
all activities that occur under the account and any other actions taken in connection
with the blog. You must not describe or assign keywords to your social network in a
misleading or unlawful manner, including in a manner intended to trade on the name or
reputation of others. AP may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause AP’s liability. You
must immediately notify AP of any unauthorized uses of your social network, your
mobile application, your account or any other breaches of security. AP will not be liable
for any acts or omissions by You, including any damages of any kind incurred as a
result of such acts or omissions.
If you operate a social network, operate a mobile application, post material to the
Service, post links on the Service, or otherwise make (or allow any third party to make)
material available by means of the Service (any such material, “Content”) or other
services, you are entirely responsible for the content of, and any harm resulting from,
that Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio or video file, or computer software. By making
Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark or
trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either
(1) received permission from your employer to post or make available the
Content, including but not limited to any software, or (2) secured from your
employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end users
any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not
contain unethical or unwanted commercial content designed to drive traffic to
third party sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as to the source
of the material (such as spoofing);
your social network or mobile application is not getting advertised via unwanted
electronic messages such as spam links on newsgroups, email lists, blogs and
web sites, and similar unsolicited promotional methods;
you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by social network or otherwise.
AP offers one-year subscriptions, which entitle the original purchaser access to AP for
a period of exactly 12 months from the date of purchase. AP also offers add-on plans
for each app, which allows purchaser access to AP’s additional services, including
unlimited push notifications, dedicated account manager, for a period of one year (12
months). The purchaser agrees to pay all fees in effect when incurred. You will be
billed for your subscription in advance at the time of purchase and the subscription will
automatically renew indefinitely until explicitly cancelled. If you cancel your services,
your cancellation takes effect on your next billing cycle. This means we won’t be able
to refund you for early contract cancellation. All AP accounts begin with an obligation-
free trial which will allow you to evaluate the service. Your credit card information will
be collected to initiate a trial account. However, charges will only be applied after
explicit account purchase. Please sign up for a monthly payment schedule if you are
unsure of how long you will be using the service. If you have a question about charges
made to your account, please contact us immediately. If the charges were made in
error, we will immediately credit your account or credit card account for the appropriate
amount. AP has a zero tolerance policy for chargebacks. Any customer who disputes a
credit card payment that is found to be valid will be permanently blacklisted and barred
from use of the Service. Any past due fees and costs will be sent to collections. If our
collection efforts fail, unpaid debts will be reported to all available credit reporting
agencies. If AP terminates your account because of a violation of our terms of service,
AP will not refund any portion of your license fees. Refunds are not applicable on
rejection of your mobile application from any App Store or marketplace. We offer a
30-day money back guarantee, hence if you cancel your subscription in this
period, we will refund the entire amount to you. However, cancellation of the
yearly plan after this period will not result in a refund.
AP offers Lifetime Plan* (Perpetual License), which will be perpetually active provided
the client has paid the one-time upfront license fee and continues to pay the ongoing
yearly fees towards app maintenance & updates, i.e. (5% of one-time upfront license
fee). AP also offers add-on plans for each app, which allows purchaser access to AP’s
additional services, including unlimited push notifications, dedicated account manager,
for lifetime. Terms of lifetime plan are subject to additional conditions as outlined in this
term outlined below. Lifetime plan holders are guaranteed 5 years (60 months) of
access to AP, however, in the event that AP discontinues the service or ceases to do
business, or in the event of an acquisition, change of control, a significant merger, or
*Please note – We have discontinued our lifetime plan since December 2018.
However, all of the clients who have subscribed to our Lifetime Plan on or before 31st
December 2018 will be getting all the benefits as per the plan.
All AP accounts begin with an obligation-free trial which will allow you to evaluate the
service. Your credit card information will be collected to initiate a trial account.
However, charges will only be applied after explicit account purchase. Please sign up
for a monthly payment schedule if you are unsure of how long you will be using the
service. Unfortunately, we can’t provide extensions to the free trial period and once
billing has taken place, we are not able to offer refunds. If you decide to become a
subscriber, you can upgrade to one of our paid plans even during the 2-day trial period.
Once you have subscribed to one of our paid plans, your subscription will renew
automatically, on your monthly or annual renewal date, until you cancel. Your
cancellation stops all future payments only and no refunds will be offered on renewal
payments made to date. Renewal rates are subject to change, but we’ll always notify
you beforehand. Cancellations can be made any time by visiting the billing info page of
your app or by contacting support@appypie.com. Please note that once billing has
taken place, we are not able to offer refunds. The availability and duration of the
free trial may vary by region and payment gateways.
Payments for custom App design and development projects are made to us in
increments as a courtesy to the client. Once a payment or deposit is made, it is non-
refundable. If a project is cancelled or postponed, AP retains all monies paid and if
applicable, a fee for all work completed beyond what was already paid for shall be paid
by the client.
Payment of $499 towards Build it for me Plan is treated as a custom App design and
development project. Hence once the payment of $499 is made, it is non-refundable. If
a project is cancelled or postponed, AP retains all monies paid and if applicable, a fee
for all work completed beyond what was already paid for shall be paid by the client.
AP offers additional Consumable in-app purchases that includes, but not limited to,
Domain Name Registration, Premium Background Images, App Promotion (Appy
Jump), App Hosting, App Bandwidth, Submission, Re-submission, Account Manager,
Unlimited Push Notifications, Additional Drivers & Moderators, which you can select
depending on your needs. Once a payment or deposit is made for these services, it is
non-refundable. Consumable in-app purchases are depleted but can be upgraded on
need basis and email notifications are sent to users when critical level thresholds are
reached. It is pertinent to mention here that if Consumable in-app purchases are fully
depleted and not upgraded, then this will lead to your app being locked for editing and
viewing purposes.
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the services and webpages to which AppyPie.com
links, and that link to AppyPie.com. AP doesn’t have any control over those non-AP
services and webpages, and is not responsible for their contents or their use. By
linking to a non-AP website or webpage, AP does not represent or imply that it
endorses such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. AP disclaims any responsibility for
any harm resulting from your use of non-AP websites and web pages.
As AP asks others to respect its intellectual property rights, it respects the intellectual
property rights of others too. If you believe that material located on or linked to by
AppyPie.com or any AP social network or mobile application violates your copyright,
you are encouraged to notify AP in accordance with AP’s Digital Millennium Copyright
Act (”DMCA”) Policy. AP will respond to all such notices, including as required or
appropriate by removing the infringing material or disabling all links to the infringing
material. In the case of a visitor who may infringe or repeatedly infringes the copyrights
or other intellectual property rights of AP or others, AP may, in its discretion, terminate
or deny access to and use of the Service to such visitor. In the case of such
1.12 Changes
AP reserves the right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Service following the posting of any changes to
this Agreement constitutes acceptance of those changes. AP may also, in the future,
offer new services and/or features through the Service (including, the release of new
tools and resources and modification as well as termination of released features). Such
new features and/or services shall be subject to the terms and conditions of this
Agreement.
1.13 Termination
AP may terminate your access to all or any part of the Service at any time, with or
without cause, with or without notice, effective immediately. If you wish to terminate
this Agreement or your AppyPie.com account (if you have one), you may simply
discontinue using the Service. AP can terminate the Service immediately as part of a
general shut down of our service. All provisions of this Agreement which by their nature
shall survive termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
1.14 Chargebacks
The Service is provided “as is”. AP and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation, the warranties
of merchantability, fitness for a particular purpose and non-infringement. Neither AP
nor its suppliers and licensors, makes any warranty that the Service will be error free or
that access thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, the Service at your
own discretion and risk.
You expressly understand and agree that AP shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses (even if AP
has been advised of the possibility of such damages), resulting from: (i) the use or the
inability to use the service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv) statements or
conduct of any third party on the service; (v) any bugs arising in the app; (vi) corruption
of application, hacking attacks, security of the app or any other matter relating to the
service; (vii) any rejection of your mobile application from any mobile application store
or marketplace; (viii) for any amounts that exceed the fees paid by you to AP under this
agreement during the twelve (12) month period prior to the cause of action. AP shall
have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Service will be in strict accordance
with the AP Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable
content, and including all applicable laws regarding the transmission of technical data
1.18 Indemnification
You agree to indemnify and hold harmless AP, its contractors, and its licensors, and
their respective directors, officers, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debts, and expenses
(including but not limited to attorney’s fees) arising from: (i) your use of and access to
the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third
party right, including without limitation any copyright, intellectual property, or privacy
right; or (iv) any claim that your Content caused damage to a third party; or (v) any
rejection of your mobile application from any mobile application store or marketplace,
for any reason whatsoever. This defense and indemnification obligation will survive
these Terms and your use of the Service.
All apps created on our platform are User Generated Apps, AP does not endorse and
has no control over User Generated Apps submitted by you or others and accepts no
responsibility whatsoever in connection with or arising therefrom. User Generated
Content App created through the Site is not necessarily reviewed by AP prior to
posting in Market Place and does not necessarily reflect the opinions or policies of AP.
If at any time AP chooses, in its sole discretion, to monitor the Marketplace, AP
nonetheless assumes no responsibility for User Generated Apps, no obligation to
modify or remove any inappropriate or inaccurate User Generated Apps, and no
responsibility for the conduct of the user submitting any User Generated App. AP
makes no warranties, express or implied, as to the suitability, accuracy or reliability of
any Content and other materials on the Marketplace. Nonetheless, Administrator
reserves the right to prevent you from submitting User Generated App and to edit,
restrict or remove any User Generated App for any reason at any time. You agree that
Administrator shall accept no liability if we prevent, in our sole discretion, your User
Generated App from being submitted, or we edit, restrict or remove it. You also agree
to permit any other user of this Site and any third-party website on which your User
Generated App may be included, to access, view and comment on the material for
such user’s personal use.
AP apps utilize multiple Third-Party services including but not limited to Shutter Stock,
PubNub, Facebook, Google’s (YouTube, Maps, Firebase, Sheets, API.AI), Sinch,
Vuforia, AWS, and others. You acknowledge that the license to each Third-Party
Service that you obtain, is a binding agreement between you and the Application
Some AP platform releases contain beta features like (Taxi, Food Court, Augmented
Reality, Messenger, Chatbot). We release these beta features to collect feedback on
their implementation so that we can improve them. We value any feedback on these
beta features, as it enables us to provide you with the best possible product. The
availability of beta features will be documented in the release notes for every specific
release. Other documentation will be available through the AP support section. Please
consult the release notes and the documentation on how to enable and use these beta
features.
Beta features are not covered by any SLA and not part of our Reseller Platform
We cannot guarantee timely fixes for any problems you encounter with beta
features
AP does not knowingly collect any personal information from children under the age of
16. If you are under the age of 16, please do not submit any personal information
through our Websites or Apps. We encourage parents and legal guardians to monitor
their children’s Internet usage and to help enforce this Policy by instructing their
children never to provide personal information through the Websites or Apps without
their permission. If you have reason to believe that a child under the age of 16 has
provided personal information to us through the Websites or Services, please contact
us at security@appypie.com, and we will use commercially reasonable efforts to delete
that information.
You Own the App, App data (content) and retain copyright and any other rights you
already hold in Application that you create, submit, post, transmit or display on, or
through, the Service, including any intellectual property rights which subsist in that
Application and your User Content, and you are responsible for protecting those rights.
However, we reserve rights to lock your app for further viewing, editing or updating, In
case your subscription is cancelled.
This Agreement, and any disputes arising out of or related hereto, shall be governed
by the laws of the State of New Delhi, India without regard to its conflict of laws rules.
The parties agree that this contract is not a contract for the sale of goods; therefore,
this Agreement shall not be governed by codification of Article 2 or 2A of the Uniform
Commercial Code, or any references to the Uniform Computer Information
Transactions Act or the United Nations Convention on the International Sale of Goods.
The district and high courts located in New Delhi, India shall have exclusive jurisdiction
to adjudicate any dispute arising out of or relating to this Agreement. Each party
hereby consents to the exclusive jurisdiction of such courts. Non-payment shall result
in acceleration of the minimum value of this agreement being payable in full. You
acknowledge that in the event of such acceleration, the minimum value of this
agreement shall be due and payable as minimum liquidated damages because such
balance will bear a reasonable proportion to AP’s minimum probable loss from your
non-payment, the amount of AP’s actual loss being incapable to calculate. Client
agrees to pay all costs and expenses, including but not limited to, attorney fees and
court costs, for the collection and/or enforcement of any obligation under this
agreement, whether or not a lawsuit or arbitration is commenced.
Support: support@appypie.com
Billing: billing@appypie.com
Security: security@appypie.com
Privacy: privacy@appypie.com
Sales: sales@appypie.com
This Data Processing Addendum (“DPA”) forms part of the Master Subscription
Agreement or other written or electronic agreement between Appy Pie (“AP”) and
Customer for the purchase of online services (including associated AP offline or mobile
components) from AP (identified either as “Services” or otherwise in the applicable
agreement, and hereinafter defined as “Services”) (the “Agreement”) to reflect the
parties’ agreement with regard to the Processing of Personal Data.
By agreeing to the Agreement, Customer enters into this DPA on behalf of itself and, to
the extent required under applicable Data Protection Laws and Regulations, in the
name and on behalf of its Affiliates, if and to the extent AP processes Personal Data
for which such Affiliates qualify as the Controller. All capitalized terms not defined
herein shall have the meaning set forth in the Agreement.
If the Customer entity signing this DPA is a party to the Agreement, this DPA is an
addendum to and forms part of the Agreement. In such a case, the AP entity that is
party to the Agreement is party to this DPA.
If the Customer entity signing this DPA has executed an Order Form with AP or its
Affiliate pursuant to the Agreement, but is not itself a party to the Agreement, this DPA
is an addendum to that Order Form and applicable renewal Order Forms, and the Appy
Pie entity that is party to such Order Form is party to this DPA.
This DPA shall not replace any comparable or additional rights relating to Processing
of Customer Data contained in Customer’s Agreement (including any existing data
processing addendum to the Agreement).
1. DEFINITION
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is
under common control with the subject entity. “Control,” for purposes of this definition,
means direct or indirect ownership or control of more than
“Controller” means the entity, which determines the purposes and means of the
Processing of Personal Data.
“Data Protection Laws and Regulations” means all laws and regulations, including
laws and regulations of the European Union, the European Economic Area and their
member states, applicable to the Processing of Personal Data under the Agreement.
“AP” means the Appy Pie entity which is a party to this DPA, as specified in the
section “HOW THIS DPA APPLIES” above, Appy Pie LLP, a limited liability
partnership incorporated under the LLP Act, 2008 having LLPIN AAF-5370 and having
its principal place of business at 165, NSEZ Noida, 201305 India .
“AP Group” means AP and its Affiliates engaged in the Processing of Personal Data.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with regard to the
processing of personal data and on the free movement of such data, and repealing
Directive 95/46/EC (General Data Protection Regulation).
“Processor” means the entity which Processes Personal Data on behalf of the
Controller.
2.1 Roles of the Parties. The parties acknowledge and agree that with regard to the
Processing of Personal Data, Customer is the Controller, AP is a Processor and that
AP or members of the AP Group will engage Sub-processors pursuant to clause 5
“Sub-processors” below.
2.2 Customer’s Processing of Personal Data. Customer shall, in its use of the
Services, Process Personal Data in accordance with the requirements of Data
Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions
for the Processing of Personal Data shall comply with Data Protection Laws and
Regulations. Customer shall have sole responsibility for the accuracy, quality, and
legality of Personal Data and the means by which Customer acquired Personal Data.
2.3 AP’s Processing of Personal Data. AP shall treat Personal Data as Confidential
Information and shall only Process Personal Data on behalf of and in accordance with
Customer’s instructions for the following purposes: (i) Processing in accordance with
the Agreement and applicable Order Form(s); (ii) Processing initiated by Users in their
use of the Services; and (iii) Processing to comply with other reasonable instructions
provided by Customer (e.g., via email) where such instructions are consistent with the
terms of the Agreement.
3.1 Data Subject Request. AP shall, to the extent legally permitted, promptly notify
Customer if AP receives a request from a Data Subject to exercise the Data Subject's
right of access, right to rectification, restriction of Processing, erasure (“right to be
forgotten”), data portability, object to the Processing, or its right not to be subject to an
automated individual decision making (“Data Subject Request”). Taking into account
the nature of the Processing, AP shall assist Customer by appropriate technical and
organizational measures, insofar as this is possible, for the fulfilment of Customer’s
obligation to respond to a Data Subject Request under Data Protection Laws and
Regulations. In addition, to the extent Customer, in its use of the Services, does not
have the ability to address a Data Subject Request, AP shall upon Customer’s request
provide commercially reasonable efforts to assist Customer in responding to such Data
Subject Request, to the extent AP is legally permitted to do so and the response to
such Data Subject Request is required under Data Protection Laws and Regulations.
To the extent legally permitted, Customer shall be responsible for any costs arising
from AP’s provision of such assistance.
3.2 Data Subject Access Request (DSAR). If you wish to request for a DSAR, all you
need to do is send us an email at security@appypie.com and we’ll respond at the
earliest. AP shall, in the event of Data Subject Access Request (DSAR) from a data
subject, furnish and send a report to the data subject within one calendar month of
receipt of request. DSAR is essentially a request from a data subject for a copy of the
personal data being processed by the Controller and an explanation of the purpose for
which this personal data is being used.Typically the DPO responds back within 15
days, however the response time is never more than 30 days. In accordance with
Article 15 of GDPR, individuals have the right to ask for the following information from
AP:
4. AP PERSONNEL
4.1 Confidentiality. AP shall ensure that its personnel engaged in the Processing of
Personal Data are informed of the confidential nature of the Personal Data, have
received appropriate training on their responsibilities and have executed written
confidentiality agreements. AP shall ensure that such confidentiality obligations survive
the termination of the personnel engagement.
4.2 Reliability. AP shall take commercially reasonable steps to ensure the reliability of
any AP personnel engaged in the Processing of Personal Data.
4.3 Limitation of Access. AP shall ensure that AP’s access to Personal Data is
limited to those personnel who require such access to perform the Agreement.
4.4 Data Protection Officer. Members of the AP Group will appoint a data protection
officer where Data Protection Laws and Regulations require such appointment. The
appointed person may be reached at privacy@appypie.com.
5. SUB-PROCESSORS
5.3 Objection Right for New Sub-processors. Customer may object to AP’s use of a
new Sub-processor by notifying AP in writing within ten (10) business days after receipt
of an Updated Sub-processor List. In the event Customer objects to a new Sub-
processor, as permitted in the preceding sentence, AP will use reasonable efforts to
make available to Customer a change in the Services or recommend a commercially
reasonable change to Customer’s configuration or use of the Services to avoid
5.4 Sub-processor Agreements. The parties agree that AP will provide the copies of
the Sub-processor agreements only upon reasonable request by Customer.
5.5 Liability. AP shall be liable for the acts and omissions of its Sub-processors to the
same extent AP would be liable if performing the services of each Sub-processor
directly under the terms of this DPA, save as otherwise set forth in the Agreement.
6. SECURITY
6.1 Controls for the Protection of Personal Data. AP shall maintain administrative,
physical and technical safeguards designed for protection of the security (including
protection against unauthorized or unlawful Processing and against accidental or
unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or
access to, Customer Data), confidentiality and integrity of Customer Data, including
Personal Data.
6.2 SOC 1 Report. Upon Customer’s written request no more frequently than once
annually, AP shall provide to Customer a copy of AP’s then most recent service
organization controls (SOC) 1 report for the Services. AP may require Customer to
sign a nondisclosure agreement reasonably acceptable to AP before AP provides a
copy of such report to Customer.
AP has robust incident response management policies and data breach response
policy in place and adheres to the procedures in case of any data breach and shall
notify Customer without undue delay after becoming aware of the accidental or
unlawful destruction, loss, alteration, unauthorized disclosure of, or access to
Customer Data, including Personal Data, transmitted, stored or otherwise Processed
by AP or its Sub-processors of which AP becomes aware (a “Customer Data
Incident”) within 72 hours of confirmation of the incident via email and/or phone.
AP shall return Customer Data to Customer and, to the extent allowed by applicable
law, delete Customer Data in accordance with the procedures and timeframes
specified in the Agreement.
9. AUTHORIZED AFFILIATES
9.1 Contractual Relationship. The parties acknowledge and agree that, by executing
the Agreement, Customer enters into the DPA on behalf of itself and, as applicable, in
the name and on behalf of its Affiliates, thereby establishing a separate DPA between
AP and each such Affiliate subject to the provisions of the Agreement, this Clause 9,
and Clause 10 below. Each Affiliate agrees to be bound by the obligations under this
DPA and, to the extent applicable, the Agreement. For the avoidance of doubt, an
Affiliate is not and does not become a party to the Agreement, and is only a party to
the DPA. All access to and use of the Services by Affiliates must comply with the terms
and conditions of the Agreement, and Customer shall deem any violation of the terms
and conditions of the Agreement by an Affiliate a violation.
9.2 Communication. The Customer that is the contracting party to the Agreement
shall remain responsible for coordinating all communication with AP under this DPA
and be entitled to make and receive any communication in relation to this DPA on
behalf of its Affiliates
Each party’s and all of its Affiliates’ liability, taken together in the aggregate, arising
out of or related to this DPA, and all DPAs between Affiliates and AP, whether in
contract, tort or under any other theory of liability, is subject to the “Limitation of
Liability” clause of the Agreement, and any reference in such clause to the liability of a
party means the aggregate liability of that party and all of its Affiliates under the
Agreement and all DPAs together.
For the avoidance of doubt, AP’s and its Affiliates’ total liability for all claims
from the Customer and all of its Affiliates arising out of or related to the
Agreement and each DPA shall apply in the aggregate for all claims under both
the Agreement and all DPAs established under this Agreement, including by
11.1 GDPR. With effect from 25 May 2018, AP will Process Personal Data in
accordance with the GDPR requirements directly applicable to AP’s provision of its
Services.
11.2 Data Protection Impact Assessment. With effect from 25 May 2018, upon
Customer’s request, AP shall provide Customer with reasonable cooperation and
assistance needed to fulfill Customer’s obligation under the GDPR to carry out a data
protection impact assessment related to Customer’s use of the Services, to the extent
Customer does not otherwise have access to the relevant information, and to the
extent such information is available to AP. AP shall provide reasonable assistance to
Customer in the cooperation or prior consultation with the Supervisory Authority in the
performance of its tasks relating to this Clause 9.2, to the extent required under the
GDPR.
11.3 Transfer Mechanisms for Data Transfers. Subject to the terms of this DPA
(including Clauses 11.4 and 11.5 below), AP makes available the transfer mechanisms
listed below which shall apply, in the order of precedence as set out below in this
Clause 11.3, to any online transfers of Personal Data under this DPA from the
European Union, the European Economic Area and/or their member states,
Switzerland and the United Kingdom to countries which do not ensure an adequate
level of data protection within the meaning of Data Protection Laws and Regulations of
the foregoing territories, to the extent such transfers are subject to such Data
Protection Laws and Regulations:
In the event that Services are covered by more than one transfer mechanism, the
transfer of Personal Data will be subject to a single transfer mechanism in accordance
11.4 Additional Terms for EU-US and Swiss-US Privacy Shield Services. Appy Pie
LLC (Third-Party Payment Processor) self-certifies to and complies with the EU-U.S.
and Swiss-U.S. Privacy Shield Frameworks, as administered by the US Department of
Commerce, and shall ensure that it maintains its self-certification to and compliance
with the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks with respect to the
Processing of Personal Data that is transferred from the European Economic Area
and/or Switzerland to the United States.
11.5.2 Instructions. This DPA and the Agreement are Customer’s complete and final
instructions at the time of signature of the Agreement to AP for the Processing of
Personal Data. Any additional or alternate instructions must be agreed upon
separately. For the purposes of Clause 5(a) of the Standard Terms of Use Contractual
Clauses, the following is deemed an instruction by the Customer to process Personal
Data: (a) Processing in accordance with the Agreement and applicable Order Form(s);
(b) Processing initiated by Users in their use of the Services offered by AP and (c)
Processing to comply with other reasonable instructions provided by Customer (e.g.,
via email) where such instructions are consistent with the terms of the Agreement.
11.5.4 Notification of New Sub-processors and Objection Right for New Sub-
processors. Customer acknowledges and expressly agrees that AP may engage new
Sub-processors as described in Clauses 5.2 and 5.3 of the DPA.
11.5.6 Audits and Certifications. The parties agree that the audits shall be carried
out in accordance with the following specifications: Upon Customer’s request, and
subject to the confidentiality obligations set forth in the Agreement, AP shall make
available to Customer (or Customer’s independent, third-party auditor that is not a
competitor of AP and that has signed nondisclosure agreement reasonably acceptable
to AP) information regarding the AP Group’s compliance with the obligations set forth
in this DPA in the form of AP’s SOC 1 report and, for its Sub-processors and its
subsidiaries, the third-party certifications and audits set forth in the appypie.com
Security, Privacy and Architecture Documentation located at
https://www.appypie.com/security & https://www.appypie.com/privacy-policy to the
extent appypie.com makes them generally available to its customers. Following any
notice by AP to Customer of an actual or reasonably suspected unauthorized
disclosure of Personal Data, upon Customer’s reasonable belief that AP is in breach
of its obligations in respect of protection of Personal Data under this DPA, or if such
audit is required by Customer’s Supervisory Authority, Customer may contact AP in
accordance with the “Notices” Clause of the Agreement to request an audit at AP’s
premises of the procedures relevant to the protection of Personal Data. Any such
request shall occur no more than once annually, save in the event of an actual or
reasonably suspected unauthorized access to Personal Data. Customer shall
reimburse AP for any time expended for any such on-site audit at the AP Group’s then-
current professional services rates, which shall be made available to Customer upon
request. Before the commencement of any such on-site audit, Customer and AP shall
mutually agree upon the scope, timing, and duration of the audit in addition to the
reimbursement rate for which Customer shall be responsible. All reimbursement rates
shall be reasonable; taking into account the resources expended by AP. Customer
shall promptly notify AP with information regarding any non-compliance discovered
during the course of an audit.
11.5.7 Certification of Deletion. The parties agree that AP shall provide the
certification of deletion of Personal only upon Customer’s request.
11.5.8 Conflict. In the event of any conflict or inconsistency between the body of this
DPA and any of its Schedules and the Standard Terms of Use Contractual Clauses in
Schedule 4, the Standard Terms of Use Contractual Clauses shall prevail.
The Section “HOW THIS DPA APPLIES” specifies how AP is party to this DPA.
4. LEGAL EFFECT
This DPA shall only become legally binding between Customer and AP, when the
parties' authorized signatories have duly executed this Agreement:
12. CCPA
California Consumer Privacy Act is a state statute that is aimed at enhancing the
privacy rights and consumer protection for California residents.
Appy Pie is in compliance with CCPA and is transparent about all or any personal data
collected from the clients through the platform. To read Appy Pie's CCPA policy,
please click here.
I, fungkkdi Fung hereby authorized Appy Pie LLC for a charge of MYR 363.16 towards
Platinum Monthly Plan(Essential), which I just subscribed on www.appypie.com for my
RFC using my Credit/Debit card ending with 8107
This payment authorization is for the app described above, for the amount indicated above
only, and is valid until the recurring subscription is cancelled. I certify that I am an
authorized user of this credit card and that I will not dispute the payment with my credit
card company so long as the transaction corresponds to the terms indicated above.
Email: fungkkdi@gmail.com
Status: Signed
ID: 5e61d2c07d563008fc37992a