Terms of Use
Version
1.2
—
May 15, 2025
These Terms of Use (“Terms of Use”) govern your access to and use of this website ("Website") and all services, products, and content (collectively, “Services”) provided by AppStream Studio, LLC ("AppStream", "we," or "us").
By accessing or using any part of the Website or Services, you expressly agree to be bound by these Terms of Use. If you do not agree to all the provisions of these Terms of Use, then you may not access the Website or use any of the Services. The Website and Services are available only to individuals who are at least 16 years old. By using the Website, you confirm that you meet this age requirement.
Accessing the Website and Account Security
When you create an account for Services, you accept full responsibility for safeguarding your account and all activities under your account. Notify AppStream immediately if you detect unauthorized use or threatened or actual security breaches. AppStream will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. AppStream may investigate, suspend, or terminate your account in the event of actual or suspected, fraud, abuse, or security incident.
AppStream may disable your username, password, or account access at any time, at our sole discretion, including if you violate these Terms of Use.
We reserve the right to withdraw or amend this Website in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. We may restrict access to some parts of the Website, or the entire Website, with or without notice.
Intellectual Property Rights; Ownership
AppStream retains all rights, titles, and interests in its Website and Services. Your use does not grant, directly or indirectly, ownership, intellectual property rights, or licenses unless explicitly stated. AppStream grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website and Services solely for your internal business operations in accordance with the Terms of Use. No implied licenses are granted under the Terms of Use, and any rights not expressly granted to you are reserved by AppStream.
AppStream Studio is a registered trademark of AppStream Studio, LLC. AppStream retains all rights, titles, and interest to Aiventic, the Aiventic logo, and all other trademarks, service marks, graphics and logos used in connection with AppStream’s products or the Website. All other trademarks, service marks, graphics, and logos displayed on the Website or Services may be the property of third parties. Your use of the Website or Services does not grant any right or license to use any AppStream or third-party trademarks, service marks, graphics, or logos without prior written permission.
Prohibited Uses
Use the Website and Services only for lawful purposes in accordance with these Terms of Use. You shall not break local, national, or international laws, send spam, promotional material, or chain messages, impersonate anyone, including AppStream staff or other users, or avoid actions that disrupt others' use or damage the Website or Services, including, but not limited to, scraping, reverse-engineering, launching denial-of-service attacks, or attempting to bypass access controls. You shall not overload, disable, or interfere with the Website, Services, or other users' activities. Do not use automated tools to monitor or copy content.
Information About You and Your Visits to the Website
Your use of the Website or Services means you explicitly agree to our Privacy Policy at https://appstream.studio/legal/privacy-policy. The Privacy Policy is legally binding and incorporated by reference in the Terms of Use.
Payment and Renewal for Subscriptions Purchased Through the Website
When you subscribe to AppStream’s Services, you authorize AppStream to charge the provided payment method, either monthly, annually, or as otherwise agreed. AppStream, either directly or through its third-party payment processor ("Payment Processor") will bill you for the subscription using the credit card or ACH payment information provided by you. AppStream reserves the right to charge your credit card or ACH payment method for any Services, including recurring subscription fees. It is your responsibility to ensure that AppStream has current and accurate credit card or ACH payment information. Failure to provide accurate information may lead to a suspension of access to the Services. AppStream also reserves the right to offset any subscription fees owed by you. If you pay through a Payment Processor, such transactions will be subject to the Payment Processor's terms, conditions, and privacy policies, in addition to the Terms of Use. AppStream is not responsible for errors or omissions by the Payment Processor. AppStream reserves the right to correct any errors made by the Payment Processor, even if payment has already been requested or received. If you authorize payment, through a subscription, recurring charges will be automatically applied to your payment method without further authorization until the you terminate your subscription through your account or update your payment method. Cancellations take effect at the end of your current billing cycle, and you will retain access until that time. AppStream does not offer partial refunds or credits for unused subscription periods, except where required by law.
Website Visitor Responsibility
You are responsible for protecting yourself and your device from harmful content while browsing the Website and utilizing Services.
External Websites
AppStream has not reviewed and does not control external websites linked on the Website or Services and does not endorse their content. AppStream disclaims any liability for content or use on any external websites. You are responsible for protecting yourself and your device form harmful content while accessing external websites.
User Content
By posting, submitting, uploading, or otherwise making content available through our Website or Services ("User Content"), you retain ownership of your content but grant AppStream a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, and perform the User Content in connection with operating and improving the Website Services. You represent that you own or have the necessary rights to submit the User Content and that it does not violate any third-party rights or laws. You agree not to post content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable.
Third Party Content
Our Website or Services may contain content provided by other users or third parties. We do not control or endorse such content and are not responsible for its accuracy, completeness, or legality. Your reliance on any third-party content is at your own risk.
Digital Millenium Copyright Act (DMCA) Policy
AppStream respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on our Website or Services infringes your copyright, you may submit a notification in accordance with the DMCA by providing our designated agent with the following information in writing: identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and where it is located; your contact information (name, address, email, and telephone number); a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and your physical or electronic signature.
Designated DMCA Agent:
Betsy Tannenbaum, Esq.
General Counsel
AppStream Studio, LLC
40 Burton Hills, Suite 200
Nashville, TN 37215
Email: contact@appstream.studio
Upon receipt of a valid DMCA notice, we will remove or disable access to the allegedly infringing material and notify the user who uploaded it. That user may file a counter-notification if they believe the content was removed in error. We will follow the DMCA procedures for resolving such disputes.
Changes to the Terms
We may update these Terms if Use at any time for any reason. Updates take effect immediately once posted on our Website. Your continued use of the Website or Services means you expressly agree to the revised Terms of Use.
Newsletter
When you create an account on our Website or through our Services, you agree to receive our newsletter. You may unsubscribe using the link at the bottom of any email.
Disclaimer of Warranties
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE WEBSITE AND SERVICES "AS IS" AND APPSTREAM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS TO THE WEBSITE OR SERVICES. YOU ASSUME ALL RISKS FROM ACCESSING THE WEBSITE AND DOWNLOADING OR USING THE SERVICES.
Limitation of Liability
IN NO EVENT WILL APPSTREAM OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF APPSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, THE TOTAL LIABILITY OF APPSTREAM AND ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED THOUSAND DOLLARS ($100,000 USD) FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to defend, indemnify and hold harmless AppStream, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use.
Dispute Resolution
In the event of any dispute arising from or related to the Terms of Use, AppStream and you agree to first engage in good faith negotiations to resolve the matter. If the dispute cannot be resolved within a reasonable period of time, you agree to binding arbitration. We agree and acknowledge that the resolution reached through negotiation is preferred, and any subsequent actions will be taken in accordance with the agreed-upon arbitration process in this Section. You waive any right to participate in class actions, class arbitrations, or consolidated proceedings. You also waive your right to a jury trial. Any and all disputes, claims or controversies of any kind relating in any way to the Terms of Use, including its interpretation, performance, breach, or termination, that cannot be resolved by good faith negotiations shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place before a board of three persons, appointed in accordance with the said rules, in Nashville, Tennessee. The decision of the arbitrators shall be final and binding upon the parties and may be entered in any court having competent jurisdiction. Each party shall bear its own costs and expenses or arbitration, including attorney’s fees. However, the prevailing party may be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party.
Waiver and Severability
No waiver of by AppStream of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the AppStream to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision or portion of these Terms of Use are held to be illegal, invalid or unenforceable, in whole or in part, for any reason whatsoever, under present or future law, such provision or portion will be fully severable, and the remaining provisions and portions of these Terms of Use will remain in full force and effect and not be invalidated or otherwise adversely affected.
Governing Law
These Terms of Use will be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee, excluding its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee.
These Terms of Use (“Terms of Use”) govern your access to and use of this website ("Website") and all services, products, and content (collectively, “Services”) provided by AppStream Studio, LLC ("AppStream", "we," or "us").
By accessing or using any part of the Website or Services, you expressly agree to be bound by these Terms of Use. If you do not agree to all the provisions of these Terms of Use, then you may not access the Website or use any of the Services. The Website and Services are available only to individuals who are at least 16 years old. By using the Website, you confirm that you meet this age requirement.
Accessing the Website and Account Security
When you create an account for Services, you accept full responsibility for safeguarding your account and all activities under your account. Notify AppStream immediately if you detect unauthorized use or threatened or actual security breaches. AppStream will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. AppStream may investigate, suspend, or terminate your account in the event of actual or suspected, fraud, abuse, or security incident.
AppStream may disable your username, password, or account access at any time, at our sole discretion, including if you violate these Terms of Use.
We reserve the right to withdraw or amend this Website in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. We may restrict access to some parts of the Website, or the entire Website, with or without notice.
Intellectual Property Rights; Ownership
AppStream retains all rights, titles, and interests in its Website and Services. Your use does not grant, directly or indirectly, ownership, intellectual property rights, or licenses unless explicitly stated. AppStream grants you a limited, non-exclusive, non-transferable, and revocable license to use the Website and Services solely for your internal business operations in accordance with the Terms of Use. No implied licenses are granted under the Terms of Use, and any rights not expressly granted to you are reserved by AppStream.
AppStream Studio is a registered trademark of AppStream Studio, LLC. AppStream retains all rights, titles, and interest to Aiventic, the Aiventic logo, and all other trademarks, service marks, graphics and logos used in connection with AppStream’s products or the Website. All other trademarks, service marks, graphics, and logos displayed on the Website or Services may be the property of third parties. Your use of the Website or Services does not grant any right or license to use any AppStream or third-party trademarks, service marks, graphics, or logos without prior written permission.
Prohibited Uses
Use the Website and Services only for lawful purposes in accordance with these Terms of Use. You shall not break local, national, or international laws, send spam, promotional material, or chain messages, impersonate anyone, including AppStream staff or other users, or avoid actions that disrupt others' use or damage the Website or Services, including, but not limited to, scraping, reverse-engineering, launching denial-of-service attacks, or attempting to bypass access controls. You shall not overload, disable, or interfere with the Website, Services, or other users' activities. Do not use automated tools to monitor or copy content.
Information About You and Your Visits to the Website
Your use of the Website or Services means you explicitly agree to our Privacy Policy at https://appstream.studio/legal/privacy-policy. The Privacy Policy is legally binding and incorporated by reference in the Terms of Use.
Payment and Renewal for Subscriptions Purchased Through the Website
When you subscribe to AppStream’s Services, you authorize AppStream to charge the provided payment method, either monthly, annually, or as otherwise agreed. AppStream, either directly or through its third-party payment processor ("Payment Processor") will bill you for the subscription using the credit card or ACH payment information provided by you. AppStream reserves the right to charge your credit card or ACH payment method for any Services, including recurring subscription fees. It is your responsibility to ensure that AppStream has current and accurate credit card or ACH payment information. Failure to provide accurate information may lead to a suspension of access to the Services. AppStream also reserves the right to offset any subscription fees owed by you. If you pay through a Payment Processor, such transactions will be subject to the Payment Processor's terms, conditions, and privacy policies, in addition to the Terms of Use. AppStream is not responsible for errors or omissions by the Payment Processor. AppStream reserves the right to correct any errors made by the Payment Processor, even if payment has already been requested or received. If you authorize payment, through a subscription, recurring charges will be automatically applied to your payment method without further authorization until the you terminate your subscription through your account or update your payment method. Cancellations take effect at the end of your current billing cycle, and you will retain access until that time. AppStream does not offer partial refunds or credits for unused subscription periods, except where required by law.
Website Visitor Responsibility
You are responsible for protecting yourself and your device from harmful content while browsing the Website and utilizing Services.
External Websites
AppStream has not reviewed and does not control external websites linked on the Website or Services and does not endorse their content. AppStream disclaims any liability for content or use on any external websites. You are responsible for protecting yourself and your device form harmful content while accessing external websites.
User Content
By posting, submitting, uploading, or otherwise making content available through our Website or Services ("User Content"), you retain ownership of your content but grant AppStream a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, and perform the User Content in connection with operating and improving the Website Services. You represent that you own or have the necessary rights to submit the User Content and that it does not violate any third-party rights or laws. You agree not to post content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable.
Third Party Content
Our Website or Services may contain content provided by other users or third parties. We do not control or endorse such content and are not responsible for its accuracy, completeness, or legality. Your reliance on any third-party content is at your own risk.
Digital Millenium Copyright Act (DMCA) Policy
AppStream respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that any content on our Website or Services infringes your copyright, you may submit a notification in accordance with the DMCA by providing our designated agent with the following information in writing: identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and where it is located; your contact information (name, address, email, and telephone number); a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and your physical or electronic signature.
Designated DMCA Agent:
Betsy Tannenbaum, Esq.
General Counsel
AppStream Studio, LLC
40 Burton Hills, Suite 200
Nashville, TN 37215
Email: contact@appstream.studio
Upon receipt of a valid DMCA notice, we will remove or disable access to the allegedly infringing material and notify the user who uploaded it. That user may file a counter-notification if they believe the content was removed in error. We will follow the DMCA procedures for resolving such disputes.
Changes to the Terms
We may update these Terms if Use at any time for any reason. Updates take effect immediately once posted on our Website. Your continued use of the Website or Services means you expressly agree to the revised Terms of Use.
Newsletter
When you create an account on our Website or through our Services, you agree to receive our newsletter. You may unsubscribe using the link at the bottom of any email.
Disclaimer of Warranties
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE WEBSITE AND SERVICES "AS IS" AND APPSTREAM DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE ACCESS TO THE WEBSITE OR SERVICES. YOU ASSUME ALL RISKS FROM ACCESSING THE WEBSITE AND DOWNLOADING OR USING THE SERVICES.
Limitation of Liability
IN NO EVENT WILL APPSTREAM OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUBJECT MATTER OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF APPSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, THE TOTAL LIABILITY OF APPSTREAM AND ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED THOUSAND DOLLARS ($100,000 USD) FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to defend, indemnify and hold harmless AppStream, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use.
Dispute Resolution
In the event of any dispute arising from or related to the Terms of Use, AppStream and you agree to first engage in good faith negotiations to resolve the matter. If the dispute cannot be resolved within a reasonable period of time, you agree to binding arbitration. We agree and acknowledge that the resolution reached through negotiation is preferred, and any subsequent actions will be taken in accordance with the agreed-upon arbitration process in this Section. You waive any right to participate in class actions, class arbitrations, or consolidated proceedings. You also waive your right to a jury trial. Any and all disputes, claims or controversies of any kind relating in any way to the Terms of Use, including its interpretation, performance, breach, or termination, that cannot be resolved by good faith negotiations shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place before a board of three persons, appointed in accordance with the said rules, in Nashville, Tennessee. The decision of the arbitrators shall be final and binding upon the parties and may be entered in any court having competent jurisdiction. Each party shall bear its own costs and expenses or arbitration, including attorney’s fees. However, the prevailing party may be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party.
Waiver and Severability
No waiver of by AppStream of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the AppStream to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision or portion of these Terms of Use are held to be illegal, invalid or unenforceable, in whole or in part, for any reason whatsoever, under present or future law, such provision or portion will be fully severable, and the remaining provisions and portions of these Terms of Use will remain in full force and effect and not be invalidated or otherwise adversely affected.
Governing Law
These Terms of Use will be governed by, and construed and enforced in accordance with, the laws of the State of Tennessee, excluding its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Davidson County, Tennessee.