The following are the terms and conditions of use of this website and related website properties and web-based products and services owned by Appcelerator, Inc. Please review them before continuing.
  1. Terms By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and related Appcelerator website properties and web-based products and services. The materials contained in this web site are protected by applicable copyright and trademark law. Appcelerator is a registered trademark in the United States, Canada, and the European Union. Appcelerator Titanium is a trademark of Appcelerator, Inc.
  2. Use License
    1. Permission is granted to temporarily download one copy of the materials on Appcelerator, Inc.’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. remove any copyright or other proprietary notations from the materials; or
      4. transfer the materials to another person or “mirror” the materials on any other server.
    2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Appcelerator, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
    3. This license does not specifically cover any downloadable software products contained on Appcelerator, Inc.’s web site which are covered under separate license(s) for each specific download. Please see the applicable license for each downloaded software for individual software license details.
  3. Fees and Payment Appcelerator Titanium Community Edition (”Community Edition”) is provided to you free of charge. The Appcelerator Titanium Professional and Enterprise Subscriptions and various derivative products thereof (”Subscription”) require payment of fees. Appcelerator may change its fees and payment policies for this Subscription from time to time. The changes will be posted at http://www.appcelerator.com (or such other URL that Appcelerator may provide from time to time). Users of Subscription shall pay a monthly or annual subscription fee based on the number of users that are using Appcelerator Titanium and the Appcelerator Network related products such as Titanium Analytics, Support, Product Packaging, etc. You agree that all employees, subcontractors and agents that access and use Appcelerator related products and services on your behalf are required to obtain a valid Subscription of the same minimum level.
  4. Incidental Costs Associated with Use of the Subscription You agree that you are solely liable for all costs, fees, and other expenses resulting from your use of the Subscription. This specifically includes, but is not limited to, incidental costs incurred by you in connection with your use of the Subscription, including, but not limited to, costs owed to your cell phone carrier or mobile provider, monthly cell phone coverage fees, data plan costs, and any other additional fees incurred from your cell phone carrier or mobile provider.
  5. Payment, Refunds, Upgrading and Downgrading Terms
    1. A valid credit card is required for Subscription accounts. Community Edition accounts are not required to provide a credit card number.
    2. An upgrade from the Community or any free plan to any paying plan will end your free trial (if applicable). You will be billed and charged for your first month immediately upon upgrading.
    3. The Subscription is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
    4. 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.
    5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
    6. Downgrading your Subscription may cause the loss of Content, historical data, features, or capacity of your Account. Appcelerator, Inc. does not accept any liability for such loss.
  6. Cancellation and Termination
    1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen by logging in to http://my.appcelerator.com. The Account screen provides a simple no questions asked cancellation link.
    2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
    3. Appcelerator, Inc, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Subscription, or any other Appcelerator product or service, for any reason at any time. Such termination of the Subscription will 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. Appcelerator reserves the right to refuse service to anyone for any reason at any time.
  7. Modifications to the Service and Prices
    1. Appcelerator reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Subscription (or any part thereof) with or without notice.
    2. Prices of all Subscription, including but not limited to monthly subscription plan fees to the Subscription, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Appcelerator site (appcelerator.com) or the Subscription itself.
    3. Appcelerator shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Subscription.
  8. Disclaimer The materials on Appcelerator, Inc.’s web site are provided “as is”. Appcelerator, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Appcelerator, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
  9. Limitations In no event shall Appcelerator, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Appcelerator, Inc.’s Internet site, even if Appcelerator, Inc. or a Appcelerator, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  10. Revisions and Errata The materials appearing on Appcelerator, Inc.’s web site could include technical, typographical, or photographic errors. Appcelerator, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Appcelerator, Inc. may make changes to the materials contained on its web site at any time without notice. Appcelerator, Inc. does not, however, make any commitment to update the materials.
  11. Links Appcelerator, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Appcelerator, Inc. of the site. Use of any such linked web site is at the user’s own risk.
  12. Site Terms of Use Modifications Appcelerator, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
  13. Governing Law Any claim relating to Appcelerator, Inc.’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
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