```[_{{{CITATION{{{_1{Promotional pop up frequency - Squarespace Forum](https://forum.squarespace.com/topic/158504-promotional-pop-up-frequency/)
 

LEGAL DISCLAIMER

Apellix (Working Drones Inc.)
2624 Phyllis Street
Jacksonville, Florida 32204
USA
info@apellix.com
+1-904-647-4511

Privacy PoLicy

The Apellix (Working Drones Inc.) Privacy Policy webpage is located at https://www.Apellix.com/privacy-policy

Website Use

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Apellix and Working Drones, Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website.  

Without prejudice to the generality of the foregoing paragraph, Apellix and Working Drones, Inc. does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate, or non-misleading.

Nothing on this website constitutes or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

Limitations of liability

Apellix and Working Drones, Inc. will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special, or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Apellix and Working Drones, Inc. have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Apellix and Working Drones, Inc. liability in respect of any:

death or personal injury caused by Apellix and Working Drones, Inc. negligence;

fraud or fraudulent misrepresentation on the part of Apellix and Working Drones, Inc.; or matter which it would be illegal or unlawful for Apellix and Working Drones, Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Apellix and Working Drones, Inc. has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Apellix and Working Drones, Inc. officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Apellix and Working Drones, Inc. officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Apellix and Working Drones, Inc.

Unenforceable provisions

If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Analytics

This website collects personal data to power our site analytics, including:

  • Information about your browser, network, and device

  • Web pages you visited prior to coming to this website

  • Your IP address

This information may also include details about your use of this website, including:

  • Clicks

  • Internal links

  • Pages visited

  • Scrolling

  • Searches

  • Timestamps

We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity.

Cookies

This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.

Fonts

This website uses font files from Google Fonts and Adobe Fonts. To properly display this site to you, servers, where the font files are stored, may receive personal information about you, including:

  • Information about your browser, network, or device

  • Your IP address

For Website Visitors

This website is hosted by Squarespace. Squarespace collects personal data when you visit this website, including:

  • Information about your browser, network, and device

  • Web pages you visited prior to coming to this website

  • Your IP address

Squarespace needs the data to run this website and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.

End-User License Agreement (EULA)

LICENSE AGREEMENT FOR APELLIX SOFTWARE

IMPORTANT: READ CAREFULLY: This License Agreement ("Agreement") is a legal contract between you (Customer) (either an individual or a single business entity) and Apellix.

Apellix provides software, Application Programming Interfaces (APIs), Software Development Kits (SDKs), Databases, text information or data, associated media, printed materials, and "online" or electronic documentation (the "Software") as is with no warranties other than those stipulated below.

USE OF ANY PORTION OF THE SOFTWARE CONSTITUTES CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OR INSTALL ANY APELLIX SOFTWARE.

BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, THE LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF THE LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE LICENSEE SHOULD NOT INSTALL, DOWNLOAD, COPY OR USE THE SOFTWARE APPLICATION.

LICENSE GRANT AND TERMS

License Grant. This Software Application is being licensed, not sold, to you, on a non-exclusive basis during the term of this Agreement. Following acceptance of this Agreement, you may install, execute, and use one (1) registered copy of the Software Application during the term of this Agreement for your own personal, individual or internal business use only. You may not sublicense, transfer or assign any of the rights granted to you. Licensor expressly reserves all rights in and to the Software Application except as specifically granted to you herein, and no additional licenses or rights are being granted to you by implication or otherwise.

Use on a computer or server. You may NOT install any Apellix Software in memory or on the hard disk or other storage devices for one or more computers. In no event may you distribute or make the Software Application available to non-authorized persons or entities.

Use on a Network. You may NOT store, install or access any Apellix Software Application through an internal or external network. In no event may you distribute or make the Software Application available to non-authorized persons or entities.

Return of Apellix Intellectual property. Upon termination of this agreement all of the provided by Apellix, including data or information that has been augmented or modified, shall be copied and sent to Apellix and then completely and permanently deleted including all backup, archived, compressed, and integrated copies of the data. Licensee will provide Apellix a statement certifying they have complied with this provision and have completely and permanently deleted all copies of any Apelix software, databases, or data.

TERM

This License Agreement is effective upon use, installing, downloading, copying, or otherwise using the software application and shall continue until terminated. Without prejudice to any other rights, the Licensor may terminate this License Agreement at any time by delivering notice to you, and this Agreement and your right to use the Software will terminate automatically upon the breach by you of any term or condition of this Agreement. Upon any termination of this Agreement, you agree to destroy all copies of the Software, Documents, tools, and utilities, etc., and all of its component parts, or if requested by Licensor, return to Licensor the Software and all copies and portions thereof.

Effect of Termination or Expiration.

On the effective date of the termination or expiration of this Agreement in accordance with its terms, all rights and licenses granted by one party to the other party under this Agreement will terminate automatically, and each party will return all Confidential Information (along with all copies thereof) of the other party; except that after the effective termination date of this Agreement, Licensee may exercise the rights and licenses necessary solely for Licensee to fulfill its outstanding support obligations to Resellers. Any payment obligations, and any rights of action for breach of this Agreement that may have arisen prior to termination or expiration, shall survive any termination or expiration of this Agreement.

Terms of use; Acceptance of Terms.

1. Read the Apellix Terms of Use ("Terms") before you accept these Terms. If you do not agree to all of the Terms, do not use any of the Apellix software or services.

2. The Terms are entered into by and between Apellix and you. If you currently have in effect separate agreement(s) with such separate agreement(s) govern.

Links. The Apellix software and websites may be linked to other websites that are not under the control of and are not maintained by Apellix. Apellix is not responsible for the availability or content of those sites, their advertising, products, or other materials on or available from such sites or resources. Apellix provides these links as a convenience, and such provision does not imply endorsement of those sites. Apellix is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Registration. If a registration card is provided with this Agreement, then this license shall only be valid if you register your acceptance of its terms and conditions with the Licensor.

Restrictions on Licensee's Use. You are prohibited from using the Software or data outside of the grant of license. You may not alter, adapt, copy, rent, lease, license, sell, reverse engineer, decompile, translate, reformat, disassemble or otherwise attempt to discover the source code or underlying ideas, sequence, structural organization, or algorithms of the Software or data, or create derivative works of the Software or data. You may not export, re-export, or transfer the Software or data from the country in which it is originally delivered to you, without Licensor's prior written consent.

No Support Services. Licensor shall not have any support, maintenance, assistance, update and/or upgrade obligations to you in connection with the Software or data and this Agreement. In the event Licensor voluntarily provides you with any updates, upgrades, and/or any additional or supplemental software code, such materials shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Licensor in connection with the Software, you agree that Licensor may use such information for any business purposes, including for product support, improvement, and development to the Software or any other use.

PROPRIETARY RIGHTS OF APELLIX

Licensor's Rights. You acknowledge and agree that the Software Application is a proprietary product of Licensor protected by U.S. Copyright Laws, and any source code associated therewith represents valuable creative products and trade secrets of Licensor further protected by trade secret laws. You further acknowledge and agree that all rights, titles, and interests in and to the Software Application, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Software or data or any programs related thereto, but only a limited right of use revocable in accordance with the terms of this Agreement. You agree to use reasonable efforts to protect the Software Application and to prevent the misappropriation of the trade secrets associated therewith.

Copyright

All title and copyrights in and to the Software and data (including, without limitation, any images, photographs, animations, video, audio, music, text, and applets incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software and data are owned by Licensor or its suppliers. The Software and data are protected by copyright laws and international treaty provisions. Therefore, you must treat the Software and data like any other copyrighted material, subject to the provisions of this Agreement. You agree to use reasonable efforts to protect the Software and data and to prevent the unauthorized copying of the Software the data or any component thereof.

Copyright Policy

Apellix respects the intellectual property of others, and we ask our customers and visitors to our websites to do the same. At our discretion and in appropriate circumstances, Apellix may terminate or suspend service to customers who infringe upon the copyright, or other intellectual property rights, of others.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt-out of these new uses, we will post the policy changes to our Web site to notify you of these changes and provide you with the ability to opt-out of these new uses. If you are concerned about how your information is used, you should check back at our Web site periodically.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by calling us at the number provided above, e-mailing us at the above address, writing us at the above address.

Trademark

No right, license, or interest to any trademark associated with the software is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.

State and U.S. Government Restricted Rights

All Apellix Software is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision c(1)(ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013 of the Federal Acquisition Regulations ("FAR") and is "Commercial Computer Software" as that term is defined by the Department of Defense Federal Acquisition Regulation Supplemental ("DFARS"). If the Licensed Program is supplied to the Department of Defense ("DoD"), it is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Licensed Program and its documentation as that term is defined in Clause 252.227-7013 of the DFARS. If the Licensed Program is supplied to any unit or agency of the United States Government other than the DoD, the Government's rights in it and its documentation will be as defined in Clause 55.227-7013. Where the terms and conditions of this End User License Agreement conflict in any manner with the FAR or DFARS, the terms and conditions specified herein shall take precedence.

Under the terms of this license, you are required to include the foregoing restrictions in all license agreements with the United States government or any subdivision thereof and in all sublicense agreements with other third parties which permit further sublicense of the Licensed Program for eventual end-use by the United States government or any subdivision thereof.

The contractor and manufacturer of this Software is Working Drones, Inc., (doing business as Apellix), 2180 Emerson Street, Jacksonville, FL 32207 +1-(904) 647-4511.

Compliance with Law; Export

You agree not to export or re-export the Software and other technical data received from Apellix (i) into (or to a national or resident of) Cuba, Sudan, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Submissions

Should you decide to transmit to Licensor, Licensorís website, system or employees or by any means or by any media any materials or other information (including, without limitation, ideas; concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential, and you automatically grant Licensor and it’s assigned agents, representatives, etc. a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same. Any Material provided by you in connection with this service shall be deemed to be nonproprietary and non-confidential unless otherwise explicitly stated in these Terms.

Apellix shall have no obligation of any kind with respect to such Material and shall be free to use or disseminate such Material on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Material that you submit, and you, not Apellix, have full responsibility for the Material you submit, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Apellix respects your desire for privacy. Our Privacy Policy can be found at the Apellix website, which may be modified by Apellix from time to time at its sole discretion. By using any Apellix software, product, service, or website, you are consenting to the terms of our Privacy Policy. If we decide to change that policy, we will post the revised policy prominently on our website or otherwise bring it to your attention, so that you are always aware of what we do with your information.

DISCLAIMER OF WARRANTY

THE SOFTWARE APPLICATION AND ALL ACCOMPANYING FILES AND MATERIALS ARE PROVIDED "AS IS." LICENSOR AND ITS SUPPLIERS DO NOT WARRANT OR GUARANTEE THE PERFORMANCE OR RESULTS FROM LICENSEE MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE, INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, CURRENTNESS, RELIABILITY, OR OTHERWISE. Some legal jurisdictions do not allow the exclusion of implied warranties so the above limitations may not apply to you.

Good data processing procedures dictate that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software Application. ANY LIABILITY OF LICENSOR FOR A DEFECTIVE COPY OF THE SOFTWARE APPLICATION WILL BE LIMITED EXCLUSIVELY TO (A) REPAIR, OR (B) REPLACEMENT OF LICENSEE'S COPY OF THE SOFTWARE APPLICATION WITH ANOTHER COPY; PROVIDED, HOWEVER, THAT ANY CLAIM BY YOU UNDER THIS PROVISION FOR A REMEDY MUST BE MADE WITHIN NINETY (90) DAYS OF YOUR ACCEPTANCE OF THIS LICENSE. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, RELIANCE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN ALL EVENTS, LICENSOR'S LIABILITY FOR ANY DAMAGES, HOWEVER DESCRIBED, SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU, IF ANY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.

IN NO EVENT WILL APELLIX BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, PROFITS, SAVINGS, INFORMATION, USE, OR OTHER COMMERCIAL OR ECONOMIC LOSS.

NO INFORMATION OBTAINED BY YOU FROM APELLIX WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS.

GENERAL PROVISIONS

Governing Law, Forum, and Venue. This Agreement shall be governed by, interpreted, and enforced in accordance with Florida law without giving effect to the principles of conflicts of laws thereof, and the copyright and trademark laws of the United States. The parties agree that a substantial aspect of their business dealings and relationship is in and involve the State of Florida and that the courts of the State of Florida and the federal courts of the United States located in the State of Florida shall have sole and exclusive jurisdiction over any dispute, claim or controversy which may arise involving this Agreement or its subject matter. The parties waive any defense of lack of personal jurisdiction that any of them may have otherwise had to an action brought in Florida. The parties agree that the exclusive venue shall lie in Duval County, Florida, or the Jacksonville division of the United States District Court for the Middle District of Florida. The parties irrevocably submit and consent to the above jurisdiction and venue and waive any and all rights to bring or maintain an action in any other jurisdiction or venue or seek any change of jurisdiction or venue.

Modifications to this Agreement

In order to amend or modify this Agreement written signed modifications, by Apellix is necessary.

Costs of Litigation

If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and any and all expenses incurred in connection with any such action.

Severability

Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver

The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Ownership by Apellix

All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials ("Material") provided by or to Apellix by its respective manufacturers, authors, developers, and vendors (the "Third-Party Providers") and is the copyrighted work of Apellix and/or the Third-Party Providers. Except as stated herein, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Apellix or the Third Party Provider. No part of the website, including logos, graphics, sounds, or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Apellix. You also may not, without Aellix's prior express written permission, copy any Materials contained on this website on any other server, or use any Apellix Marks for any purpose. "Apellix Marks" means any names, marks, brands, logos, designs, slogans, trademarks, trade dress and other designations Apellix uses in connection with its products or services. With respect to Apellix Marks, you are governed by the terms and conditions of the agreement(s) already entered into with Apellix.

Indemnity

Customer agrees to indemnify, hold harmless and defend Apellix and its affiliates, subsidiaries, officers, directors, employees, and agents at the Customers expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and other dispute resolution expenses) incurred by Apellix arising out of or relating to Customers (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the Apellix Software.

Software Changes

Apellix reserves the right at any time not to release or to discontinue the release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics of any future releases of the Software.

Protection of Information

The customer agrees that aspects of the Software and associated documentation, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Apellix. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Apellix. The customer shall implement reasonable security measures to protect and maintain the confidentiality of such trade secrets and copyrighted material. Title to Software and

Limited Warranty

Apellix warrants, for your benefit alone, that the Media on which the Software is contained is free from defects in material and workmanship under normal use for a period of thirty (30) days from the date of delivery (referred to as the "Warranty Period"). Apellix's entire liability and your exclusive remedy if the Media is defective, and which is returned to Apellix, shall be the replacement of the Software during the warranty period. Apellix warrants, for your benefit alone, that during the Warranty Period the Software shall operate substantially in accordance with the functional specifications in the User's Guide if any. If during the Warranty Period, a defect in the Software appears, Apellix's sole obligation under this warranty shall be limited to either replacement of the Software or using reasonable efforts to correct such defects and provide you with a corrected version of such Software as soon as practicable after you have notified Apellix of such defects. Apellix does not warrant that operation of any of the Software shall be error-free or uninterrupted or the Software will meet your requirements.

This Limited Warranty is void if failure of the Software or Media is the result of an accident, abuse, or misapplication.

Except for the warranties set forth above, the Software is licensed "as is" and Apellix specifically disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose

Complete Agreement

You acknowledge that you have read this agreement and understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Apellix and you which supersedes any proposal or prior written agreement, oral or written, and any other communications between us relating to the subject matter of this agreement. No amendment to or modification of this agreement will be binding unless in writing and signed by a duly authorized representative of Apellix.

EULA Last Revised 11 March 2022

 
 

Copyright 2016-2024 Working Drones Inc. info@Apellix.com | Sales +1 (904) 647-4511
Find us on:   Facebook LinkedIn   YouTube

Apellix® systems are designed and manufactured in Florida, USA. Our products, systems, and processes are covered by one or more U.S. and other patents and pending patent applications.

Apellix is located at 2624 Phyllis Street, Jacksonville, FL 32204

 

 
Cart (0)