Terms of Service
Table of Contents
Effective Date: January 1, 2023
Your Acceptance Of These Terms Of Service
These Terms of Service hereinafter referred to as "TOS" constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Nacho Apps ("Nacho Apps, we," "us" or "our"), concerning your access to and use of https://www.nachoapps.dev, and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, "the website or site" or Nacho Apps"). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.
Your Consent To Other Agreements
When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Service, but only with respect to the matters governed by the "click-through agreement."
About Nacho Auto Vacation for Gmail™
More information about Nacho Auto Vacation for Gmail™ can be found at https://www.nachoapps.dev/nav4g.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.
You agree that you will abide by these Terms and will not: Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
You agree not to reverse engineer or utilize the software's source code for profit;
You agree that you will not use or attempt to use another user’s account without authorization from such user and Nacho Apps.
You agree that you will not use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
You agree that you will not do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
You agree that you will not attempt to circumvent any content-filtering techniques we employ.
You agree that you will not access any feature or area of the Sites that you are not authorized to access.
You agree that you will not develop any third-party applications that interact with the Sites without our prior written consent.
You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality.
You agree that you will not bypass or ignore instructions contained in the robots.txt file, that controls all automated access to the Sites or Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Your use of the Services constitutes a non-exclusive, non-transferable, revocable, limited license to access and use the Services pursuant to the Terms of Service listed herein. Nacho Apps reserves the right to terminate this license at any time for any reason. You understand and agree that the limited license to use the Services is provided on an AS IS and AS AVAILABLE basis. Nacho Apps disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Services. Nacho Apps also reserves the right to modify, suspend, or discontinue the Services and any related applications with or without notice at any time and without any liability to you.
You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Services to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Nacho Apps in its sole discretion; (ii) upload, transmit, or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Services; or (iv) use the Services for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of your account and may subject you to state and federal penalties and other legal consequences. Nacho Apps reserves the right, but shall have no obligation, to investigate your use of the Services to determine whether a violation of these Terms of Service has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
Intellectual Property Rights
Nacho Apps Intellectual Property Rights. You acknowledge that Nacho Apps owns all right, title, and interest in and to the Services and all content therein, including without limitation all intellectual property rights and associated applications, and that such rights are protected by United States and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services or related applications or any content therein. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services or related applications. Nacho Apps' intellectual property rights specifically include, but are not limited to, all rights to (i) the Services developed and provided by Nacho Apps; and (ii) all software associated with the Services and related applications.
You may cancel your use of the Services without cause at any time. Nacho Apps may at any time and for any reason terminate your access to the Services, terminate or modify these Terms of Service. In the event of termination, your access to the application will be disabled, and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Nacho Apps has previously cancelled or terminated your use of the Services (in which case subsequent notice by Nacho Apps shall not be required), Nacho Apps will notify you via email of any such termination or cancellation, which shall be effective immediately upon Nacho Apps' sending of such notice.
Exclusion of Liability For External Links
The Website may provide links to external Internet sites. Nacho Apps hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. Nacho Apps shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
Your Representations and Warranties
You hereby represent and warrant that: (i) you will only use Nacho Apps as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using Nacho Apps; (iii) you will not use Nacho Apps for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using Nacho Apps.
Disclaimer of Warranties
Nacho Apps IS PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) Nacho Apps WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF Nacho Apps WILL BE UNINTERRUPTED; OR (III) Nacho Apps IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH Nacho Apps IS TO UNINSTALL AND CEASE USE OF ALL Nacho Apps PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support Nacho Apps, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of Nacho Apps and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.
Limitation of Liablity
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF Nacho Apps OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE Nacho Apps UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF Nacho Apps.
You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of Nacho Apps; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.
Governing Law and Disputes
This Agreement will be governed by, construed and enforced in accordance with the laws of Connecticut , without regard to its conflicts of law principles or provisions. The parties specifically exclude from application to this Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any disputes arising out of or in connection with this Agreement shall be exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC Rules") by one arbitrator appointed in accordance with the ICC Rules (the "Arbitrator"). The arbitration shall take place in Connecticut and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding on both parties. Nothing contained herein shall prevent either party from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against the other Party, in order to restrain the breach of any restrictive covenants pursuant to this Agreement. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. Accordingly, for any claim that you have with us, you agree, prior to filing any suit or proceeding, to first contact us and attempt to resolve the claim informally by sending us a written notice of your claim ("Notice"). If you and we cannot reach an agreement to resolve the claim within 30 days after the Notice is received, then either party may file a claim in court. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO Nacho Apps OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at firstname.lastname@example.org and we will make an effort to reply within a reasonable time-frame.