Last updated: June 29, 2023
These Terms of Use are a contract between you and Appcues, Inc. By using the Appcues website (“Site”), you are agreeing to be bound by the following Terms of Use. 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 Site. These terms apply to you regardless of where you are located.\
Appcues reserves the right to investigate and prosecute violations of any of these Terms of Use to the fullest extent of the law. Appcues may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that Appcues has no obligation to prescreen or monitor your access to or use of the Site or any information, materials or other content provided or made available through the Site, 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 Use or that is otherwise objectionable.
Appcues reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Use 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 Use are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Site. Your continued use of the Site 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 Site, including the release of new tools and resources, will be subject to these Terms of Use.
Appcues owns all right, title and interest in and to the Appcues Site . You may not duplicate, copy, or reuse any portion of the code or visual design elements of the Site, without Appcues’ express written permission.
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 Site, or the violation of this Terms of Use by you.
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 SITE, 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 USE OR YOUR USE OF THE SITE EXCEED FIFTY U.S. DOLLARS.
THE SITE AND ITS CONTENTS 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.
These Terms of Use 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 Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an authorized representative of Appcues.