Last updated: June 29, 2023
These Terms of Service are a contract between you and Appcues, Inc. By using any services accessible from www.appcues.com (collectively, the "Services"), you are agreeing to be bound by the following Terms of Service. If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services. These terms apply to you regardless of where you are located.
Unless otherwise arranged with an Appcues representative, a valid credit card is required for paying accounts. You are responsible for ensuring that your credit card information is current at all times and that you timely pay all fees due for the Services. Should your credit card information cease to be current or should you fail to timely pay all fees due for the Services, Appcues reserves the right to immediately terminate your access to the Services. Free accounts are not required to provide a credit card number. The Services are billed in advance in accordance with our pricing schedule and all monthly and annual payments are nonrefundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
The Services are purchased as a subscription. You may add subscriptions during a subscription term at the then current pricing set forth in the order form for the Services signed by you and Appcues (“Order Form”), your subscription page or the pricing page on the website https://www.appcues.com/pricing (collectively, the “Pricing”), prorated for the portion of the subscription term remaining at the time the subscriptions are added. Any added subscriptions will terminate on the same date as the underlying subscriptions.
The Services are subject to usage limits as set forth in the Pricing for the subscription Services. If you exceed the applicable usage limits (for example, Monthly Active Users and Page Views, as described in the Pricing, or use the Services on more than one of your products), upgrade or change your subscription, you agree that your credit card will automatically be charged the amount set forth in the Pricing.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Services and payments made by you herein.
All accrued fees are due hereunder regardless if you cancel your account to access the Services (“Account) or if your Account is terminated.
Appcues reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Appcues may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Appcues has no obligation to prescreen or monitor your access to or use of the Services or any information, materials or other content provided or made available through the Services, but has the right to do so. You hereby agree that Appcues may, in the exercise of Appcues' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your Account. To do so, the Account owner must log into their Appcues account(s) and follow the instructions outlined on the subscription page or by contacting support@appcues.com. Any cancellation of your Account may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. This information cannot be recovered from Appcues or the Services once your account is canceled. Please be aware that Appcues may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, the Services will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period. Mid-term cancellations are not permitted.
Appcues reserves the right to terminate any free Accounts that do not have any activity for sixty (60) days or trial accounts without a payment method thirty (30) days after expiration. Appcues, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. Appcues may refuse to provide you any current or future use of the Services. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the deletion of all content in your Account. This information cannot be recovered from Appcues once your Account is terminated; however Appcues may for a time retain residual information in our backup and/or archival copies of our database.
Appcues reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Prices of all Appcues plans, including but not limited to monthly subscription plan fees to the Services, are subject to change.
Appcues shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Services, including the release of new tools and resources, will be subject to these Terms of Service.
We claim no intellectual property rights over the content submitted or created exclusively in your Appcues Account. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
Appcues owns all right, title and interest in and to the Services. You may not duplicate, copy, or reuse any portion of the code or visual design elements of the Services, without Appcues’ express written permission.
Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes your electronic data and information submitted by or for you to the Services; Confidential Information of Appcues includes the Services, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Terms of Service, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Terms of Service and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party will disclose Confidential Information to any third party other than its legal counsel and accountants without the other party’s prior written consent, provided that a party that makes any such disclosure to its legal counsel or accountants will remain responsible for such legal counsel’s or accountant’s compliance with this “Confidentiality” section.
Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
You agree to indemnify and hold Appcues, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, use of your Account by any third party, the violation of this Terms of Service by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL APPCUES OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM OR RELATE TO THE SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH APPCUES, EVEN IF APPCUES OR AN APPCUES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPCUES’ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES EXCEED EITHER THE AMOUNT OF FEES PAID BY YOU TO APPCUES FOR THE APPCUES SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS THAT GIVE RISE TO THE APPLICABLE CLAIM OR FIFTY U.S. DOLLARS, WHICHEVER IS GREATER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, APPCUES SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY APPCUES NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
You grant Appcues the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time-to-time. If you don’t want to be listed, you may send an email to legal@appcues.com declining to be used as a reference.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Appcues. In the event of any conflict or inconsistency between these Terms of Service and any Order Form, the Order Form shall govern.