Terms & Conditions
These Terms & Conditions (“Terms”) govern your access to and use of the website at appluex.com (the “Site”) and any services provided by Appluex LLC, a Florida limited liability company doing business as “Appluex” (“Appluex”, “we”, “us”, or “our”). By accessing the Site or engaging our services you agree to these Terms. If you do not agree, do not use the Site.
Project-specific work is governed by a separate written proposal, statement of work, or master services agreement (“Service Agreement”). Where these Terms conflict with a signed Service Agreement, the Service Agreement controls for that engagement. If no Service Agreement has been signed, no engagement exists, and nothing on the Site is an offer: prices, timelines and estimates shown on the Site describe how we usually work and become binding only when written into a signed Service Agreement.
1. Eligibility & acceptance
You must be at least 18 years old and able to form a binding contract to use the Site or engage our services. By using the Site you represent that you meet these requirements and that any information you provide is accurate.
2. Services
Appluex provides software design, development, consulting, and related services. The scope, deliverables, timeline, and fees for any engagement are defined in the applicable Service Agreement. Marketing content on the Site is informational and does not constitute an offer or guarantee of any specific result.
3. Engagement, estimates & payment
- Estimates are based on the information available at the time and may change if scope changes.
- Fees, milestones, invoicing, and payment schedules are set out in your Service Agreement.
- Invoices are due on the date stated on the invoice unless your Service Agreement says otherwise. Past-due amounts may bear simple interest at the lower of 1.5% per month or the highest rate the law allows.
- Invoices for Appluex services are issued by, and payable to, our affiliate Essiel Express LLC, a Florida limited liability company acting as billing agent for Appluex. Our payment details never change by email.
- Fees are exclusive of taxes; you are responsible for applicable sales, use, or similar taxes.
- Work and deliverable hand-off may be paused for overdue accounts.
4. Intellectual property & ownership
Site content. The Site, including text, graphics, logos, and code, is owned by Appluex or its licensors and protected by intellectual-property laws. You may not copy, modify, or distribute it without permission.
Client deliverables. Upon full payment of all amounts due for an engagement, and except as stated in the Service Agreement, you receive ownership of the custom deliverables created specifically for you. Appluex retains ownership of its pre-existing materials, tools, frameworks, and know-how, and grants you a license to use them as incorporated into the deliverables. Third-party and open-source components remain subject to their own licenses.
5. Acceptable use
You agree not to: (a) use the Site unlawfully or to infringe others' rights; (b) attempt to gain unauthorized access to our systems, the admin area, or other accounts; (c) probe, scan, or test the vulnerability of the Site; (d) introduce malware; (e) scrape or harvest data; or (f) interfere with the Site's normal operation.
6. Confidentiality
Each party may receive non-public information from the other. The receiving party will use it only to perform under the engagement and protect it with reasonable care. Mutual non-disclosure agreements are available on request.
7. Third-party links & services
The Site may link to third-party sites or rely on third-party services. We do not control and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.
8. No professional advice
Content on the Site (including blog posts and insights) is for general information only and is not legal, financial, security, or other professional advice. Do not rely on it as a substitute for advice from a qualified professional.
9. Disclaimer of warranties
EXCEPT AS EXPRESSLY STATED IN A SIGNED SERVICE AGREEMENT, THE SITE AND SERVICES 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. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLUEX AND ITS OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THE SITE OR SERVICES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO APPLUEX FOR THE ENGAGEMENT GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS BEFORE THE EVENT, OR USD $100 IF NO AMOUNTS WERE PAID. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify and hold harmless Appluex from claims, damages, and reasonable expenses (including legal fees) arising from your misuse of the Site, your breach of these Terms, your content or materials provided to us, or your violation of law or third-party rights.
12. Governing law & venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts located in Miami-Dade County, Florida, and you consent to their jurisdiction.
13. Termination
We may suspend or terminate your access to the Site at any time for any reason, including violation of these Terms. Engagement termination is governed by the Service Agreement. Sections that by their nature should survive termination (including IP, disclaimers, liability limits, indemnification, and dispute resolution) will survive.
IT service plans. Every monthly IT plan ends with 30 days’ written notice, and the notice period is billed. On Help Desk Micro, setup is free once the plan has been billed for 3 months; a plan that ends sooner (the notice period counts) is charged a setup fee of $299. Moving from Help Desk Micro to Managed Office is not a cancellation. On Managed Office, the onboarding fee (one month of the plan fee) is waived on a 12-month agreement; if that agreement ends before its twelfth month, the waived onboarding fee becomes due together with a cancellation fee of 1 month’s plan fee, both calculated at the user count on the last invoice. A prepaid year is not refunded, in whole or in part. No cancellation fee applies when Appluex ends the agreement. An agreement that Appluex ends because invoices are unpaid is treated as cancelled by the client. Unpaid invoices may be referred to a collection agency or an attorney, and the client is responsible for the costs of collection, including reasonable attorneys’ fees. A 12-month agreement renews automatically for another 12 months unless either party gives 30 days’ written notice before it ends; Appluex sends a reminder 75 and 45 days before the renewal date. Each renewed term carries the same early-cancellation charge, and a prepaid year renews as a prepaid year. On leaving, the client already holds its accounts, administrator logins and documentation; Appluex removes its own access and confirms it in writing, and any further clean-up is for the client’s next provider. The signed Service Agreement prevails where it differs.
Client-caused problems and third parties. Where a problem results from the acts or omissions of the client’s personnel (for example opening a phishing link, deleting data, changing a setting, installing unapproved software or sharing a password), Appluex will identify that cause in writing and will use reasonable efforts to remedy it. Some work depends on third parties, including software vendors, Microsoft, Google, telephone carriers, parts suppliers and manufacturers. Appluex will tell the client what a job is waiting for, but is not responsible for delays or failures caused by third parties or by the unavailability of software or parts, and any completion date is extended by the length of that delay.
14. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, outages, war, labor disputes, or third-party service failures.
15. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date reflects the latest version, and continued use of the Site after changes constitutes acceptance.
16. General
- Entire agreement: these Terms and any Service Agreement are the entire agreement between us on their subject matter.
- Severability: if any provision is unenforceable, the rest remains in effect.
- No waiver: failure to enforce a provision is not a waiver of it.
- Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
17. Contact
Questions about these Terms? Email [email protected]. Appluex LLC, 995 SW 84th Ave, Suite 423, Miami, Florida 33144, USA.