Acknowledgment
These Terms of Service ("Terms") govern Your access to and use of the applications provided by Appstorm, based in Tirana, Albania ("Company", "We", "Us" or "Our"), including Kanbanify and Workloadify (each an "Application" and together the "Apps" or "Service"). By accessing or using any of the Apps, You agree to be bound by these Terms. If You do not agree, You may not use the Apps.
The Apps are intended for business and professional use. If You accept these Terms on behalf of an organization, You represent that You have authority to bind that organization, and "You" refers to that organization.
Your access to and use of the Apps is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Please read it carefully before using the Apps.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Apps / Application / Service means the software applications provided by the Company, including Kanbanify and Workloadify, together with all related features, updates and documentation.
- Platform means the third-party work-management platform (monday.com) through which the Apps are made available and operated.
- Account means the access credentials and configuration used to access the Apps, including via the Platform.
- Customer Data means any data, content or information that You or Your users submit to, or that the Apps process within, the Platform on Your behalf.
- Country refers to: Albania.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Appstorm, Tirana, Albania.
- You means the individual or organization accessing or using the Apps.
Eligibility and Accounts
You must be at least 18 years old to use the Apps. By using the Apps You represent that You meet this requirement.
Access generally requires an account on the Platform. You are responsible for maintaining the confidentiality of Your credentials and for all activity under Your account. Notify Us promptly of any unauthorized use.
The monday.com Platform
The Apps are provided on the monday.com marketplace and operate within the monday.com environment. They run on monday.com's hosting infrastructure ("monday code"), and Your App configuration and the data the Apps process are stored within monday.com. Your use of monday.com is governed by monday.com's own terms and policies, which are separate from these Terms. We are not responsible for the Platform itself, its availability, or changes it may make that affect the Apps.
Each App accesses only the Platform data and permissions that You authorize during installation. You are responsible for ensuring You have the right to grant those permissions.
License and Acceptable Use
Subject to these Terms, We grant You a limited, non-exclusive, non-transferable, revocable right to use the Apps for Your internal business purposes.
You agree not to:
- copy, modify, reverse-engineer, decompile or create derivative works of the Apps, except as permitted by law;
- resell, sublicense, rent or otherwise commercially exploit the Apps without Our written consent;
- use the Apps to store or transmit unlawful, infringing or harmful content, or to violate the rights of others;
- attempt to gain unauthorized access to the Apps or their systems, or interfere with their security or integrity;
- use the Apps in violation of any applicable law or third-party rights.
Customer Data and Intellectual Property
As between You and Us, You retain all rights to Your Customer Data. You grant Us a limited license to process Customer Data solely to provide, maintain, secure and improve the Apps, as described in Our Privacy Policy.
We retain all rights, title and interest in and to the Apps, including their software, design, trademarks and underlying technology. No rights are granted to You other than those expressly stated in these Terms.
If You provide feedback or suggestions, You grant Us a perpetual, royalty-free right to use them without restriction.
Subscriptions, Fees and Billing
Some features may require a paid subscription. Where an App is sold through the monday.com marketplace, billing, renewals, taxes and refunds are handled by monday.com in accordance with its marketplace terms. Please review those terms for details on payment and cancellation.
Unless otherwise required by law or stated by the Platform, fees are non-refundable. We may change pricing prospectively with reasonable notice.
Third-Party Services and Links
To provide and improve the Apps, We rely on a limited set of service providers — principally monday.com, which hosts the Apps and stores the data they process, and Microsoft Azure, which We use for usage and error analytics in Kanbanify and to host the public-holiday lookup service used by Workloadify. These and any other sub-processors are described in Our Privacy Policy.
The Apps may also integrate with or link to third-party services that We do not control. We are not responsible for the content, policies or practices of any third party. Your use of third-party services is governed by their respective terms, and We encourage You to review them.
Privacy
Your privacy is important to Us. Our collection and use of personal data is described in Our Privacy Policy, which forms part of these Terms.
Term and Termination
These Terms apply for as long as You use any of the Apps. You may stop using an App at any time by uninstalling it.
We may suspend or terminate Your access immediately, without prior notice, if You breach these Terms, if required by law, or if necessary to protect the Apps or other users. Upon termination, Your right to use the Apps ceases. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification and governing law survive termination.
"AS IS" and "AS AVAILABLE" Disclaimer
The Apps are provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, to the maximum extent permitted by applicable law.
We do not warrant that the Apps will be uninterrupted, error-free, secure, or that they will meet Your requirements or be compatible with any particular system. Nothing in these Terms limits any warranty or right that cannot be excluded under applicable law.
Certain features rely on automatically generated information — for example, Workloadify can calculate public holidays based on the country or region You select. Such information is provided for convenience only, may not reflect all local, regional or observed holidays, and should be verified before You rely on it.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will the Company or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data, goodwill or business interruption, arising out of or related to the Apps.
Our total aggregate liability under these Terms will not exceed the amount You actually paid for the relevant App in the twelve (12) months preceding the event giving rise to the claim, or, where the App was provided free of charge, EUR 100. Some jurisdictions do not allow certain limitations, so some of the above may not apply to You; in such cases liability is limited to the greatest extent permitted by law.
Indemnification
You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities and expenses (including reasonable legal fees) arising out of Your use of the Apps, Your Customer Data, or Your breach of these Terms or of any law or third-party right.
Compliance with Laws and Export Controls
You agree to use the Apps in compliance with all applicable laws. You represent that You are not located in, and will not use the Apps from, a country subject to applicable government embargoes, and that You are not on any list of restricted or prohibited parties.
Governing Law and Disputes
These Terms are governed by the laws of Albania, excluding its conflict-of-law rules, without prejudice to any mandatory consumer-protection rights You may have under the laws of Your country of residence.
If You have a concern or dispute, You agree to first contact Us and attempt to resolve it informally. If it cannot be resolved, the dispute will be subject to the competent courts of Tirana, Albania, unless applicable mandatory law provides otherwise.
Changes to These Terms
We may modify these Terms from time to time. If a change is material, We will make reasonable efforts to provide at least 30 days' notice before it takes effect. By continuing to use the Apps after changes become effective, You agree to the revised Terms. If You do not agree, please stop using the Apps.
Severability and Waiver
Severability
If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.
Waiver
Our failure to enforce any right is not a waiver of that right.
Entire Agreement and Translation
These Terms, together with the Privacy Policy, constitute the entire agreement between You and Us regarding the Apps. If these Terms are translated, the English version prevails in case of conflict.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: [email protected]
Website: Appstorm