Terms of Service
Virtual Support LLC.
620 Newport Center Dr.
Newport Beach, CA 92660
By signing up for the Gain Apps service (“Service”) or any of the services of Virtual Support LLC. (“Virsup”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://Gain Apps.com/legal/terms . Virsup reserves the right to update and change the Terms of Service by posting updates and changes to the Gain Apps website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. You must be 18 years or older to use this Service.
2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
3. You are responsible for keeping your password secure. Virsup cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
4. You may not use the Gain Apps service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of United States and the State of California.
5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Gain Apps account.
6. You must not transmit any worms or viruses or any code of a destructive nature.
7. A breach or violation of any of the Account Terms as determined in the sole discretion of Virsup will result in an immediate termination of your services.
1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
2. We reserve the right to refuse service to anyone for any reason at any time.
3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
4. Virsup does not warrant that the service will be uninterrupted, timely, secure, or error-free.
5. Virsup does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
6. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Virsup does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
9. You expressly understand and agree that Virsup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
10. In no event shall Virsup or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Gain Apps partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11. Technical support is only provided to paying account holders and is only available via email.
12. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Virsup.
13. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Gain Apps customer, Virsup employee, member, or officer will result in immediate account termination.
14. We do not claim any intellectual property rights over the material you provide to the Gain Apps service. All material you upload remains yours. You can remove your Gain Apps store at any time by deleting your account. This will also remove all content you have stored on the Service.
15. By uploading images and item description content to Gain Apps.com, you agree to allow other internet users to view them and you agree to allow Gain Apps to display and store them and you agree that Virsup can, at any time, review all the content submitted by you to its Service.
16. The failure of Virsup to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Virsup and govern your use of the Service, superseding any prior agreements between you and Virsup (including, but not limited to, any prior versions of the Terms of Service).
17. You retain ownership over all content that you submit to a Gain Apps store however, by making your store public, you agree to allow others to view your content.
18. Virsup does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
19. Questions about the Terms of Service should be sent to support at Gain Apps dot com.
1. You may establish the appearance of your Gain Apps store with a Theme from Gain Apps’s Theme Store. If you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on Gain Apps or elsewhere. Multiple stores require multiple downloads, paying the price each time. Gain Apps gives no assurance that a particular Theme will remain available for additional downloads.
2. You may modify the Theme to suit your store. Gain Apps may add or modify the footer that refers to Gain Apps at its discretion. Gain Apps may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. Gain Apps may modify the Theme to reflect technical changes and updates as required.
3. The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and Gain Apps may take administrative action such as modifying your store or closing your store.
4. It is the responsibility of the user, and not Gain Apps, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
Payment of Fees:
1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
2. The service will be billed in 30 day intervals. When your billing period is over Gain Apps users will be sent an invoice via email. As well, an invoice will appear on the account page of your Gain Apps administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
3. All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of United States, you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
4. To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in United States when the service is made, you must advise us immediately by email to the address provided above.
5. Virsup does not provide refunds.
Cancellation and Termination:
1. You may cancel your account at anytime by emailing support@GainApps.com
2. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
4. We reserve the right to modify or terminate the Gain Apps service for any reason, without notice at any time.
5. Fraud: Without limiting any other remedies, Virsup may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Modifications to the Service and Prices:
1. Prices for using Gain Apps are subject to change upon 14 days notice from Virsup. Such notice may be provided at any time by posting the changes to the Gain Apps Site (Gain Apps.com) or the administration menu of your Gain Apps store via an announcement.
2. Virsup reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
3. Virsup shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
1. Virsup may provide you with access to third party tools over which Virsup neither monitors nor has any control or input.
2. You acknowledge and agree that Virsup provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Virsup shall have no liability whatsoever arising from or relating to your use of optional third party tools.
3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
4. Virsup strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.