terms and policies
mission and vision
The mission of Opplaud LLC's software services division is to provide aponitime™ SaaS (software-as-a-service) and open source software to help web developers improve the usability and maintainability of their sites.
Our vision is to be the world's favorite source for the services we provide.
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Your web browser sends us information with each request, and that information plus your IP address are stored in our logs as a record of how our site was accessed. We may use this information from time to time to resolve problems, protect against attacks and otherwise improve our website.
We use your IP address to determine and record the city from which you accessed our site, if possible, to provide you with relevant information. We use ipstack for this purpose, subject to the terms and policies on their site. If you or your device grant us permission to use geolocation to determine your location, then we might use that information instead. If you visit our site by following a link from an advertisement or other website, and that link provides different location marketing information, then we might use that information instead.
We set and track cookies to protect against hackers, determine the effectiveness of the content on our site, and to give you a consistent experience. If you sign in, we use a cookie to remember who you are. If you allow us to know your location, we also use a cookie to remember it, so we can provide you with more relevant information. Certain features of The Service depend upon these cookies to function correctly.
We ask for your email address so we can manage your account and communicate with you, and a nickname of your choosing to personalize our communications. To maximize your privacy, we encourage you to use a unique email address or forwarder with The Service, but please be certain to check it regularly, because you never know when we might need to reach you!
Like many other popular apps and websites, we use SendGrid to deliver certain email messages to you, subject to their policies. We must therefore share the content of the message, including your email address and nickname, with SendGrid, and SendGrid might track your receipt of and/or interaction with the message to provide their service to us. You can disable our optional messages in your account, but essential messages such as sign-in confirmations cannot be disabled unless you unsubscribe (close your account).
We use PayPal to process payments for any order that you place with us, subject to their terms. When you place an order, you provide your personal information directly to PayPal through interfaces that they provide, which we include only where necessary.
If you contact us via email, we will only use the information that you provide to improve our service to you or, if directed, terminate your account. Be aware, however, that email is inherently insecure, so you should never mention any sensitive information (such as passwords or credit card numbers) in your message!
Our content may includes links to other web sites, which are not owned, operated or controlled by us. They are not affiliated with us. They have their own business practices and privacy policies. When you follow a link to another site, it might collect different or similar information. We are not responsible for their actions.
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The copyright for all original Content in The Service belongs to Opplaud LLC. All Rights Reserved.
aponica™, aponitime™, aponica.com™, our cherry blossom logo and our slogans “improving usability one website at a time” and “good times. great dates.” (in any letter case, with or without punctuation) are trademarks of Opplaud LLC.
terms of service
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The terms “we,” “us,” “our,” “Opplaud,” “Opplaud LLC,” “Opplaud.com,” “aponica” and “aponica.com” (all terms regardless of letter case) refer to Opplaud LLC, a New York State Limited Liability Company. The term “Our Parties” refers to us and our affiliates, agents, consultants, directors, employees, officers, shareholders (LLC Members), sponsors, subsidiaries and other third parties. The term “The Service” refers to the web site, software, SaaS (software-as-a-service) and any other service offered or provided by us. The terms “you” and “your” refer to any person or organization using The Service, including any person using The Service on behalf of another person or organization. The terms “Terms of Service” and “Agreement” refer interchangeably to this document along with all of our other policies that govern your use of The Service. The term “Content” refers to any text, images or other media, material or information provided to or available from The Service. The term “Claims” refers to any claims, demands, and damages, direct and consequential, of every kind and nature, known and unknown, now and in the future.
By using The Service, you signify that you agree to the Terms of Service. This is a legally binding agreement between you and us. If you use The Service on behalf of another person or organization, you agree to the Terms of Service on behalf of that person or organization and represent that you have the necessary authority to bind that person or organization to the Terms of Service. If you are unable or unwilling to agree to the Terms of Service, or any changes to the Terms of Service, you are forbidden from using The Service, and you must discontinue your use of The Service. You may cancel your account by sending an e-mail to firstname.lastname@example.org or by postal mail to Opplaud, PO Box 106, New York, NY 10159. If you use The Service without agreeing to the Terms of Service, you are committing Theft of Services, and you may be subject to civil and/or criminal prosecution.
You must be at least 18 years old and capable of entering into a legally binding agreement to use The Service, and you represent that you meet these conditions. You must comply with all applicable laws, rules and regulations and you must not violate or infringe the rights of any third party.
You may not currently use The Service if you are subject to web privacy regulations (such as the European Union General Data Protection Regulation or California Consumer Privacy Act), because we currently lack the resources to guarantee compliance. We apologize for any inconvenience and hope to lift this restriction in the future.
You may not misuse or interfere with The Service. Except as specified in the next paragraph, you may not access The Service using a method other than an interactive web browser (such as, but not limited to, Mozilla Firefox, Google Chrome, Microsoft Internet Explorer, Samsung Internet Browser or Apple Safari). You may use The Service only as permitted by law, including applicable export and re-export control laws and regulations. Your use of The Service does not give you ownership of any intellectual property rights in The Service or Content. You may not use Content from The Service, including Content provided by others, unless you obtain permission from us or are otherwise permitted by law. You are forbidden from using any branding or logos used on The Service.
To use our SaaS (software-as-a-service), you must (1) have a valid account in good standing; (2) access our authentication URL with a valid API key from code on your web server to obtain a “nonce” (authentication token) before accessing our service URL from code running in your user's web browser.
You are not permitted to share your account credentials, API key(s) or nonce value(s) with any other person or organization. You may not use these values for any purpose other than to access our service as it is designed to be used and you have been authorized by us to use it.
At any time and for any reason, without notice or warning, we may change, suspend or discontinue any aspect of The Service, including the availability of any Content, feature, or data source. We may suspend or stop The Service altogether. We may modify, suspend or stop your access to The Service and/or impose limits on your access to any or all parts of The Service without notice or liability.
We impose charges for accessing all or part of The Service. Purchases (including “chargeable requests”) are non-refundable.
Any data that you submit to The Service shall not violate the rights of any other party, including copyrights, trademarks, privacy, publicity or contract rights. We do not claim ownership of such data and we do not accept responsibility for it. You hereby waive any moral rights to such data and grant us a non-exclusive, irrevocable, perpetual, royalty-free, sublicensable, transferable worldwide right and license to distribute, reproduce, store, host, use, modify and exploit the database rights you have in such data to the extent necessary to provide The Service to you.
You agree to release Our Parties from Claims arising out of your use of The Service or in any way connected with any transaction or interaction with us or any third party. To the fullest extent permitted by law, you waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any jurisdiction, as well as any and all rights and benefits that would purport to limit the scope of a release or waiver conferred by any statutory or non-statutory law of any jurisdiction.
You agree to indemnify, defend and hold all of Our Parties harmless from any Claims made by any third party due to or arising out of your use, misuse or abuse of The Service, your data, your violation of the Terms of Service or any law, statute, regulation or ordinance, or the rights of any third party. You agree to notify us promptly of any third party Claims, to cooperate with all of Our Parties in defending such Claims, and to pay all fees, costs and expenses, including but not limited to attorneys' fees, associated with defending such Claims. You agree not to settle any one or more Claims without first obtaining our written consent. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.
WE PROVIDE THE SERVICE “AS IS” ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO STATUTORY AND IMPLIED WARRANTIES OF ACCURACY, AVAILABILITY, CONTENT, FITNESS FOR A PARTICULAR PURPOSE, FUNCTION, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RELIABILITY, TIMELINESS, AND SUITABILITY FOR YOUR NEEDS. WE ALSO DISCLAIM ANY WARRANTIES REGARDING ANY CONTENT (INCLUDING ERRORS OR THE CORRECTION OF ERRORS), ADVICE, RESULTS, SERVICE OR GOODS ADVERTISED BY THE SERVICE OR OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICE. AS PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR YOUR LOST PROFITS, REVENUES, USE OR GOODWILL, FINANCIAL LOSSES, OR FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, PUNITIVE OR SPECIAL DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE OR FOR OUR INTENTIONAL, RECKLESS OR MALICIOUS MISCONDUCT. IN NO CASE WE WILL BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We may modify the Terms of Service at any time. When we do, we will provide notice to you by publishing the revised Terms of Service here. You should review the Terms of Service regularly. If you do not agree to any revised Terms of Service, you must discontinue your use of The Service. If you continue to use The Service after any changes become effective, you agree to the revised Terms of Service.
The Terms of Service define the entire relationship between you and us. They do not create any third party beneficiary rights. They do not create or intend any agency, franchiser-franchisee, joint venture, partnership or employee-employer relationship between you and us. A subscriber, user, visitor or customer of The Service is not our agent or representative, and may not enter into an agreement on our behalf.
You may not assign, transfer or sublicense this Agreement except with our prior written consent. We may assign or transfer this Agreement to any affiliate or subsidiary, or in connection with any corporate reorganization, merger, acquisition, sale, or any similar transaction.
If we do not immediately take action regarding your non-compliance with the Terms of Service, we retain all right to take action in the future.
If a court of competent jurisdiction finds any part of the Terms of Service invalid or unenforceable, you and we agree that the court should endeavor to give effect to the intentions of the parties reflected in that part, and that all remaining Terms of Service shall remain in effect.
The laws of New York, U.S.A., excluding any conflict of laws rules, will apply to any disputes arising out of or relating to the Terms of Service or The Service. All claims arising out of or relating to these terms or The Service will be litigated exclusively in the federal or state courts of New York County, New York, U.S.A., and you and we consent to personal jurisdiction in those courts.
Please visit our Contact page for information about how to contact us.
Thank you! We appreciate your patronage.
Previous version: 20201109.