Terms of Use
Last Updated: February 16, 2024
Welcome to Appli’s Online Platforms! The following Terms of Use (“Terms of Use”) are a legal and binding agreement between you and Appli, Inc. (“Appli,” “we,” “our,” or “us”), governing your use of our website, online loan confidence platform and features, and any mobile or stand-alone applications we may support in connection with our Generative Services (collectively, our “Online Platforms”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF OUR ONLINE PLATFORMS OR ACCESSING ANY CONTENT WE PUBLISH ON THOSE ONLINE PLATFORMS. YOUR USE OF THE ONLINE PLATFORMS, IN WHOLE OR IN PART, CONSTITUTES (A) YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND (B) YOUR REPRESENTATION TO US THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING
AGREEMENT.
Because of the importance we place on protecting our Online Platforms and content (as well as honoring your rights), these Terms of Use apply to all visitors who wish to access or review the Online Platforms, even if doing so only to investigate our Generative Services or to complete an anonymous demo.
Appli publishes and maintains our Online Platforms to help our clients (who are primarily credit unions and financial institutions) with generating efficient loan confidence models and generative analysis to improve their community members’ (like you) understanding of financial offerings and your potential to qualify for loans (our “Generative Services”). If you are visiting our Online Platforms because you have registered for access to those Generative Services, or you are visiting as a representative on behalf of an organization that has purchased access to our Generative Services, your access to those Generative Services (which may extend beyond simply investigating our general Online Platforms) is governed by a separate master services or SaaS agreement executed between your organization and Appli (each, an “MSA”). We invite you to review your initial order form or speak with your administrative team to better understand any relationship you may have with us under a separate MSA. That said, your end-user general access to our Online Platforms, outside of any MSA engagement, is governed by these Terms of Use.
In addition, by using our Online Platforms, you also consent to and acknowledge your review of the terms of the Appli Privacy Policy, which includes important disclosures relating to your rights as a data subject or consumer submitting information to a financial institution. You can review the most current version of the Privacy Policy at any time at: https://www.hiappli.com/privacy-policy/ (as updated, our “Privacy Policy”).
3.1 Right of Access. Subject to these Terms of Use, we expressly grant you a limited, non-exclusive, nontransferable, and revocable right of access or license, as applicable, to: (A) download, install, and use the Online Platforms or related applications for your personal, non-commercial use on any mobile device or computer owned or otherwise controlled by you; and (B) test, access, review, and use for your personal use on your mobile device or computer the content and features hosted on our Online Platforms (collectively, the “Right of Access”). The grant of the Right of Access under this Section, however, does not supersede or amend any binding terms between us and you (or your organization) in a separate MSA.
3.2 Availability and Access. From time to time, at our discretion, we may restrict your access to certain portions of the Online Platforms, revoking the Right of Access described in Section 3.1 above. We reserve the right to withdraw or amend any of the offers, services descriptions, and other content we provide to you on our Online Platforms, at our sole discretion and without notice (subject only to the terms of any stand-alone MSA or binding agreement with you or your applicable financial institution). We will not be liable to you if for any reason all or any portion of the Online Platforms is unavailable at any time or for any period.
3.3 Modification. Appli reserves the right, at any time, to modify, suspend, or discontinue any content on the Online Platforms (in whole or in part) or the Right of Access with or without notice to you. You agree Appli will not be liable to you or to any third party on your behalf for any modification, suspension, or discontinuation of the Online Platform content or the Right of Access. We recommend you check on the status of our Online Platforms regularly to discern whether a modification or other change has impacted these Terms of Use. If we modify these Terms of Use, we will change the “last updated” date at the top of the link or webpage, and from such date you will be bound by the modified Terms of Use if you continue to access our Online Platforms.
3.4 Account Responsibilities and Security. If you choose to register an online account with Appli as part of your online requests for Generative Services or general demo use of the Online Platforms (outside of an MSA relationship), you are solely responsible for retaining all login information and account names. You acknowledge that your account is personal to you (or your organization, if an administrative account), and you agree not to provide any other person with access to portions of your account containing your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.
We have the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use. Generally, your account creation will be tied to your use (or demo) of our Generative Services; and as such, that account and your use of the Generative Services will also be bound by the terms of any applicable MSA we enter into with you.
We value the input of our client base and end users of our Online Platforms. As such, Appli reserves the right to contact you from time to time for feedback or input concerning the Online Platforms. You are free to ignore those communications, or notify us that you wish to opt out of future communications. Subject to the terms of our Privacy Policy, we reserve the right to contact you through e-mail, account notices on the Online Platform, pop-up notifications when you access the Online Platforms, text or voice messages, and through general notices posted on the Online Platforms.
The Online Platforms (including all logos, trademarks, copyrights, content, source code, features, software, published works and articles, displays, images, graphics, and online formatting) are owned by Appli, its licensors (if any), or other providers of such content, being expressly protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of any content or material relating to the Online Platforms without prior written authorization by Appli or outside the permitted uses in these Terms of Use is strictly prohibited. We stress that the value of our Online Platforms is based, in large part, on the unique works of authorships, trade secrets, rights, generative models, and unique coding and design represented in the business solutions we deliver. As such, we will pursue all necessary action to protect the rights underlying our Online Platforms.
These Terms of Use permit you to access the Online Platforms for your personal use and review (according to Section 3.1 above). Accordingly, you must not reproduce, distribute, modify, or create derivative works of any of the material on our Online Platforms, except as follows:
By using the Online Platforms, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies (or print versions) of content and reports from the Online Platforms. EXCEPT AS SET FORTH IN THESE TERMS OF USE, NO RIGHT, TITLE, OR INTEREST IN OR TO THE ONLINE PLATFORMS OR ANY CONTENT ON THE ONLINE PLATFORMS IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY US.
The Appli name and any logo we display on our Online Platforms—including all related images, solution descriptions, and slogans—are trademarks of or proprietary to Appli or its client base (if we publish our clients’ marks on the Online Platforms). You must not use or exploit such marks and logos without the prior written permission of Appli.
During your interaction with our content (including all Generative Services), you may only use the Online Platforms for lawful, personal purposes and in strict accordance with these Terms of Use (including Section 3 and Section 4 above). During your visits to our Online Platforms, you expressly agree not to use (or exploit) the Online Platforms:
To enforce these Terms of Use and protect the integrity of the Online Platforms, we retain the rights to: (A) take appropriate legal action in connection with any illegal or unauthorized use of the Online Platforms; and (B) terminate or suspend your access to all or part of the Online Platforms for any violation, or suspected violation based on evidence available to us, of these Terms of Use. Ultimately, we place significant value on delivering a professional environment where our clients and their community members can review our Online Platforms and Generative Services without interference. As such, in addition to the specific restrictions under Section 7 above, we reserve the right to forfeit your access at any time to our Online Platforms if we, in our reasonable discretion, believe any of your actions may put our professional mission, clients, or content at risk.
If the Online Platforms contain links or plug-ins to other sites and resources provided by third parties (for example, informational sites related to lineage analysis or other cloud databases), these links and plug-ins are provided for your convenience only and for your voluntary visiting, if you choose to do so. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Online Platforms, you do so entirely at your own risk and are subject to the terms of use for such websites.
You may link to our Online Platforms (including our homepages or demo locations), so long as you do so in a way that is fair and accurate and does not damage, impersonate us, or take advantage of our reputation and client goodwill. In doing so, however, you agree not to establish or share a link in such a way as to suggest any form of association, approval, or commercial endorsement on our part where none exists.
11.1 Disclaimer of Warranties. ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND OTHER DESCRIPTIONS OF GENERATIVE SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE ONLINE PLATFORMS, AND THE ONLINE PLATFORMS THEMSELVES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PLATFORMS OR THE CONTENT FOUND THEREIN. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PLATFORMS AND ACCESS TO ANY OF THE CONTENT INCLUDED THEREIN IS UNDERTAKEN BY YOU AT YOUR SOLE DISCRETION AND RISK.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, APPLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS DESCRIPTIONS OF GENERATIVE SERVICES AND THE ONLINE PLATFORMS, AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS THROUGH OUR CONTENT.
11.2 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL APPLI OR ANY OF ITS AFFILIATES, BUSINESS ASSOCIATES, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, EQUITY HOLDERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE PLATFORMS OR ANY CONTENT OR GENERATED REPORTS ON THE ONLINE PLATFORMS. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST APPLI, EVEN IF FORESEEABLE BY YOU OR US.
Certain jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages (as described above); in which case, this Section is subject to the limitations of any applicable laws that might be required to qualify its provisions and statements.
11.3 Indemnification. As indicated in these Terms of Use, we cannot and will not be liable for your misuse of our Online Platforms and content or your breach of these Terms of Use. Accordingly, you agree to indemnify (which is a legal term of art, generally meaning you will compensate, reimburse, and protect us from certain losses), defend, and hold Appli and its officers, directors, employees, representatives, licensors, suppliers, and subscribing clients harmless from and against any claims, losses, damages, judgments, costs, and expenses (including reasonable attorney fees) arising out of your misuse of our Online Platforms or any violation of these Terms of Use.
11.4 AI Statements. Appli strives to implement industry acceptable procedures for the ethical and responsible use of any generative tools, machine learning, or other artificial intelligence technologies related to our Generative Services (each, an “AI Tool”). And although our support team will field questions concerning principles of transparency, accountability, and human interpretability in our use of AI Tools, we do not make any express, implied, or other warranties to you or our client base as to the results obtained from our implementation of AI Tools for the Generative Services. For questions regarding our use of AI Tools, please contact us at the support email below.
12.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy or a stand-alone MSA with us), these Terms of Use constitute the sole and entire agreement between you and Appli regarding the Online Platforms. Subject to the priority of any separate MSA for subscribing clients and their access to our Generative Services, these Terms of Use supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platforms.
12.2 Severability. If any provision of these Terms of Use is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12.3 Governing Law; Geographic Scope. All matters relating to the Online Platforms and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Although our Generative Services are available to clients in a number of jurisdictions, Appli is based in the United States. As such, we make no claims that the Online Platforms are fully accessible or appropriate for visitors outside of the United States.
12.4 Attorney Fees (limited scenarios). In the event that we are required to pursue legal action against you to protect Appli’s rights under Section 5 (Ownership), Section 6 (Trademarks), or Section 7 (Restrictions on Use), you fully acknowledge, understand, and agree to be responsible for all collection costs, reasonable attorney fees, court costs, and a collection fee as allowed by applicable law.
12.5 ADA Compliance. As you may already know, organizations that otherwise qualify as places of public accommodation must ensure that their public-facing websites comply with the Americans with Disabilities Act (the “ADA”). Because of the private nature of our subscriptions and Generative Services (which are generally governed by our MSAs), Appli does not represent, warrant, or otherwise promise that the Online Platforms are compliant with the ADA. If you have any questions or requests concerning ADA compliance, please contact us at the information set out below.
12.6 Contact Information. For questions about these Terms of Use or the Online Platforms, please contact: support@hiappli.com
12.7 Notice to California Residents. If you are a California resident visiting our Online Platforms, in accordance with Cal. Civ. Code §1789.3, you may report valid complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Terms of Use
Last Updated: February 16, 2024
Welcome to Appli’s Online Platforms! The following Terms of Use (“Terms of Use”) are a legal and binding agreement between you and Appli, Inc. (“Appli,” “we,” “our,” or “us”), governing your use of our website, online loan confidence platform and features, and any mobile or stand-alone applications we may support in connection with our Generative Services (collectively, our “Online Platforms”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF OUR ONLINE PLATFORMS OR ACCESSING ANY CONTENT WE PUBLISH ON THOSE ONLINE PLATFORMS. YOUR USE OF THE ONLINE PLATFORMS, IN WHOLE OR IN PART, CONSTITUTES (A) YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND (B) YOUR REPRESENTATION TO US THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING
AGREEMENT.
Because of the importance we place on protecting our Online Platforms and content (as well as honoring your rights), these Terms of Use apply to all visitors who wish to access or review the Online Platforms, even if doing so only to investigate our Generative Services or to complete an anonymous demo.
Appli publishes and maintains our Online Platforms to help our clients (who are primarily credit unions and financial institutions) with generating efficient loan confidence models and generative analysis to improve their community members’ (like you) understanding of financial offerings and your potential to qualify for loans (our “Generative Services”). If you are visiting our Online Platforms because you have registered for access to those Generative Services, or you are visiting as a representative on behalf of an organization that has purchased access to our Generative Services, your access to those Generative Services (which may extend beyond simply investigating our general Online Platforms) is governed by a separate master services or SaaS agreement executed between your organization and Appli (each, an “MSA”). We invite you to review your initial order form or speak with your administrative team to better understand any relationship you may have with us under a separate MSA. That said, your end-user general access to our Online Platforms, outside of any MSA engagement, is governed by these Terms of Use.
In addition, by using our Online Platforms, you also consent to and acknowledge your review of the terms of the Appli Privacy Policy, which includes important disclosures relating to your rights as a data subject or consumer submitting information to a financial institution. You can review the most current version of the Privacy Policy at any time at: https://www.hiappli.com/privacy-policy/ (as updated, our “Privacy Policy”).
3.1 Right of Access. Subject to these Terms of Use, we expressly grant you a limited, non-exclusive, nontransferable, and revocable right of access or license, as applicable, to: (A) download, install, and use the Online Platforms or related applications for your personal, non-commercial use on any mobile device or computer owned or otherwise controlled by you; and (B) test, access, review, and use for your personal use on your mobile device or computer the content and features hosted on our Online Platforms (collectively, the “Right of Access”). The grant of the Right of Access under this Section, however, does not supersede or amend any binding terms between us and you (or your organization) in a separate MSA.
3.2 Availability and Access. From time to time, at our discretion, we may restrict your access to certain portions of the Online Platforms, revoking the Right of Access described in Section 3.1 above. We reserve the right to withdraw or amend any of the offers, services descriptions, and other content we provide to you on our Online Platforms, at our sole discretion and without notice (subject only to the terms of any stand-alone MSA or binding agreement with you or your applicable financial institution). We will not be liable to you if for any reason all or any portion of the Online Platforms is unavailable at any time or for any period.
3.3 Modification. Appli reserves the right, at any time, to modify, suspend, or discontinue any content on the Online Platforms (in whole or in part) or the Right of Access with or without notice to you. You agree Appli will not be liable to you or to any third party on your behalf for any modification, suspension, or discontinuation of the Online Platform content or the Right of Access. We recommend you check on the status of our Online Platforms regularly to discern whether a modification or other change has impacted these Terms of Use. If we modify these Terms of Use, we will change the “last updated” date at the top of the link or webpage, and from such date you will be bound by the modified Terms of Use if you continue to access our Online Platforms.
3.4 Account Responsibilities and Security. If you choose to register an online account with Appli as part of your online requests for Generative Services or general demo use of the Online Platforms (outside of an MSA relationship), you are solely responsible for retaining all login information and account names. You acknowledge that your account is personal to you (or your organization, if an administrative account), and you agree not to provide any other person with access to portions of your account containing your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.
We have the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use. Generally, your account creation will be tied to your use (or demo) of our Generative Services; and as such, that account and your use of the Generative Services will also be bound by the terms of any applicable MSA we enter into with you.
We value the input of our client base and end users of our Online Platforms. As such, Appli reserves the right to contact you from time to time for feedback or input concerning the Online Platforms. You are free to ignore those communications, or notify us that you wish to opt out of future communications. Subject to the terms of our Privacy Policy, we reserve the right to contact you through e-mail, account notices on the Online Platform, pop-up notifications when you access the Online Platforms, text or voice messages, and through general notices posted on the Online Platforms.
The Online Platforms (including all logos, trademarks, copyrights, content, source code, features, software, published works and articles, displays, images, graphics, and online formatting) are owned by Appli, its licensors (if any), or other providers of such content, being expressly protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of any content or material relating to the Online Platforms without prior written authorization by Appli or outside the permitted uses in these Terms of Use is strictly prohibited. We stress that the value of our Online Platforms is based, in large part, on the unique works of authorships, trade secrets, rights, generative models, and unique coding and design represented in the business solutions we deliver. As such, we will pursue all necessary action to protect the rights underlying our Online Platforms.
These Terms of Use permit you to access the Online Platforms for your personal use and review (according to Section 3.1 above). Accordingly, you must not reproduce, distribute, modify, or create derivative works of any of the material on our Online Platforms, except as follows:
By using the Online Platforms, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies (or print versions) of content and reports from the Online Platforms. EXCEPT AS SET FORTH IN THESE TERMS OF USE, NO RIGHT, TITLE, OR INTEREST IN OR TO THE ONLINE PLATFORMS OR ANY CONTENT ON THE ONLINE PLATFORMS IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY US.
The Appli name and any logo we display on our Online Platforms—including all related images, solution descriptions, and slogans—are trademarks of or proprietary to Appli or its client base (if we publish our clients’ marks on the Online Platforms). You must not use or exploit such marks and logos without the prior written permission of Appli.
During your interaction with our content (including all Generative Services), you may only use the Online Platforms for lawful, personal purposes and in strict accordance with these Terms of Use (including Section 3 and Section 4 above). During your visits to our Online Platforms, you expressly agree not to use (or exploit) the Online Platforms:
To enforce these Terms of Use and protect the integrity of the Online Platforms, we retain the rights to: (A) take appropriate legal action in connection with any illegal or unauthorized use of the Online Platforms; and (B) terminate or suspend your access to all or part of the Online Platforms for any violation, or suspected violation based on evidence available to us, of these Terms of Use. Ultimately, we place significant value on delivering a professional environment where our clients and their community members can review our Online Platforms and Generative Services without interference. As such, in addition to the specific restrictions under Section 7 above, we reserve the right to forfeit your access at any time to our Online Platforms if we, in our reasonable discretion, believe any of your actions may put our professional mission, clients, or content at risk.
If the Online Platforms contain links or plug-ins to other sites and resources provided by third parties (for example, informational sites related to lineage analysis or other cloud databases), these links and plug-ins are provided for your convenience only and for your voluntary visiting, if you choose to do so. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Online Platforms, you do so entirely at your own risk and are subject to the terms of use for such websites.
You may link to our Online Platforms (including our homepages or demo locations), so long as you do so in a way that is fair and accurate and does not damage, impersonate us, or take advantage of our reputation and client goodwill. In doing so, however, you agree not to establish or share a link in such a way as to suggest any form of association, approval, or commercial endorsement on our part where none exists.
11.1 Disclaimer of Warranties. ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND OTHER DESCRIPTIONS OF GENERATIVE SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE ONLINE PLATFORMS, AND THE ONLINE PLATFORMS THEMSELVES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PLATFORMS OR THE CONTENT FOUND THEREIN. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PLATFORMS AND ACCESS TO ANY OF THE CONTENT INCLUDED THEREIN IS UNDERTAKEN BY YOU AT YOUR SOLE DISCRETION AND RISK.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, APPLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS DESCRIPTIONS OF GENERATIVE SERVICES AND THE ONLINE PLATFORMS, AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS THROUGH OUR CONTENT.
11.2 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL APPLI OR ANY OF ITS AFFILIATES, BUSINESS ASSOCIATES, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, EQUITY HOLDERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE PLATFORMS OR ANY CONTENT OR GENERATED REPORTS ON THE ONLINE PLATFORMS. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST APPLI, EVEN IF FORESEEABLE BY YOU OR US.
Certain jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages (as described above); in which case, this Section is subject to the limitations of any applicable laws that might be required to qualify its provisions and statements.
11.3 Indemnification. As indicated in these Terms of Use, we cannot and will not be liable for your misuse of our Online Platforms and content or your breach of these Terms of Use. Accordingly, you agree to indemnify (which is a legal term of art, generally meaning you will compensate, reimburse, and protect us from certain losses), defend, and hold Appli and its officers, directors, employees, representatives, licensors, suppliers, and subscribing clients harmless from and against any claims, losses, damages, judgments, costs, and expenses (including reasonable attorney fees) arising out of your misuse of our Online Platforms or any violation of these Terms of Use.
11.4 AI Statements. Appli strives to implement industry acceptable procedures for the ethical and responsible use of any generative tools, machine learning, or other artificial intelligence technologies related to our Generative Services (each, an “AI Tool”). And although our support team will field questions concerning principles of transparency, accountability, and human interpretability in our use of AI Tools, we do not make any express, implied, or other warranties to you or our client base as to the results obtained from our implementation of AI Tools for the Generative Services. For questions regarding our use of AI Tools, please contact us at the support email below.
12.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy or a stand-alone MSA with us), these Terms of Use constitute the sole and entire agreement between you and Appli regarding the Online Platforms. Subject to the priority of any separate MSA for subscribing clients and their access to our Generative Services, these Terms of Use supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platforms.
12.2 Severability. If any provision of these Terms of Use is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12.3 Governing Law; Geographic Scope. All matters relating to the Online Platforms and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Although our Generative Services are available to clients in a number of jurisdictions, Appli is based in the United States. As such, we make no claims that the Online Platforms are fully accessible or appropriate for visitors outside of the United States.
12.4 Attorney Fees (limited scenarios). In the event that we are required to pursue legal action against you to protect Appli’s rights under Section 5 (Ownership), Section 6 (Trademarks), or Section 7 (Restrictions on Use), you fully acknowledge, understand, and agree to be responsible for all collection costs, reasonable attorney fees, court costs, and a collection fee as allowed by applicable law.
12.5 ADA Compliance. As you may already know, organizations that otherwise qualify as places of public accommodation must ensure that their public-facing websites comply with the Americans with Disabilities Act (the “ADA”). Because of the private nature of our subscriptions and Generative Services (which are generally governed by our MSAs), Appli does not represent, warrant, or otherwise promise that the Online Platforms are compliant with the ADA. If you have any questions or requests concerning ADA compliance, please contact us at the information set out below.
12.6 Contact Information. For questions about these Terms of Use or the Online Platforms, please contact: support@hiappli.com
12.7 Notice to California Residents. If you are a California resident visiting our Online Platforms, in accordance with Cal. Civ. Code §1789.3, you may report valid complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Terms of Use
Last Updated: February 16, 2024
Welcome to Appli’s Online Platforms! The following Terms of Use (“Terms of Use”) are a legal and binding agreement between you and Appli, Inc. (“Appli,” “we,” “our,” or “us”), governing your use of our website, online loan confidence platform and features, and any mobile or stand-alone applications we may support in connection with our Generative Services (collectively, our “Online Platforms”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF OUR ONLINE PLATFORMS OR ACCESSING ANY CONTENT WE PUBLISH ON THOSE ONLINE PLATFORMS. YOUR USE OF THE ONLINE PLATFORMS, IN WHOLE OR IN PART, CONSTITUTES (A) YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND (B) YOUR REPRESENTATION TO US THAT YOU ARE OF LEGAL AGE AND CAPACITY TO ENTER INTO A BINDING
AGREEMENT.
Because of the importance we place on protecting our Online Platforms and content (as well as honoring your rights), these Terms of Use apply to all visitors who wish to access or review the Online Platforms, even if doing so only to investigate our Generative Services or to complete an anonymous demo.
Appli publishes and maintains our Online Platforms to help our clients (who are primarily credit unions and financial institutions) with generating efficient loan confidence models and generative analysis to improve their community members’ (like you) understanding of financial offerings and your potential to qualify for loans (our “Generative Services”). If you are visiting our Online Platforms because you have registered for access to those Generative Services, or you are visiting as a representative on behalf of an organization that has purchased access to our Generative Services, your access to those Generative Services (which may extend beyond simply investigating our general Online Platforms) is governed by a separate master services or SaaS agreement executed between your organization and Appli (each, an “MSA”). We invite you to review your initial order form or speak with your administrative team to better understand any relationship you may have with us under a separate MSA. That said, your end-user general access to our Online Platforms, outside of any MSA engagement, is governed by these Terms of Use.
In addition, by using our Online Platforms, you also consent to and acknowledge your review of the terms of the Appli Privacy Policy, which includes important disclosures relating to your rights as a data subject or consumer submitting information to a financial institution. You can review the most current version of the Privacy Policy at any time at: https://www.hiappli.com/privacy-policy/ (as updated, our “Privacy Policy”).
3.1 Right of Access. Subject to these Terms of Use, we expressly grant you a limited, non-exclusive, nontransferable, and revocable right of access or license, as applicable, to: (A) download, install, and use the Online Platforms or related applications for your personal, non-commercial use on any mobile device or computer owned or otherwise controlled by you; and (B) test, access, review, and use for your personal use on your mobile device or computer the content and features hosted on our Online Platforms (collectively, the “Right of Access”). The grant of the Right of Access under this Section, however, does not supersede or amend any binding terms between us and you (or your organization) in a separate MSA.
3.2 Availability and Access. From time to time, at our discretion, we may restrict your access to certain portions of the Online Platforms, revoking the Right of Access described in Section 3.1 above. We reserve the right to withdraw or amend any of the offers, services descriptions, and other content we provide to you on our Online Platforms, at our sole discretion and without notice (subject only to the terms of any stand-alone MSA or binding agreement with you or your applicable financial institution). We will not be liable to you if for any reason all or any portion of the Online Platforms is unavailable at any time or for any period.
3.3 Modification. Appli reserves the right, at any time, to modify, suspend, or discontinue any content on the Online Platforms (in whole or in part) or the Right of Access with or without notice to you. You agree Appli will not be liable to you or to any third party on your behalf for any modification, suspension, or discontinuation of the Online Platform content or the Right of Access. We recommend you check on the status of our Online Platforms regularly to discern whether a modification or other change has impacted these Terms of Use. If we modify these Terms of Use, we will change the “last updated” date at the top of the link or webpage, and from such date you will be bound by the modified Terms of Use if you continue to access our Online Platforms.
3.4 Account Responsibilities and Security. If you choose to register an online account with Appli as part of your online requests for Generative Services or general demo use of the Online Platforms (outside of an MSA relationship), you are solely responsible for retaining all login information and account names. You acknowledge that your account is personal to you (or your organization, if an administrative account), and you agree not to provide any other person with access to portions of your account containing your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. Please exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your secure information.
We have the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms of Use. Generally, your account creation will be tied to your use (or demo) of our Generative Services; and as such, that account and your use of the Generative Services will also be bound by the terms of any applicable MSA we enter into with you.
We value the input of our client base and end users of our Online Platforms. As such, Appli reserves the right to contact you from time to time for feedback or input concerning the Online Platforms. You are free to ignore those communications, or notify us that you wish to opt out of future communications. Subject to the terms of our Privacy Policy, we reserve the right to contact you through e-mail, account notices on the Online Platform, pop-up notifications when you access the Online Platforms, text or voice messages, and through general notices posted on the Online Platforms.
The Online Platforms (including all logos, trademarks, copyrights, content, source code, features, software, published works and articles, displays, images, graphics, and online formatting) are owned by Appli, its licensors (if any), or other providers of such content, being expressly protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Use of any content or material relating to the Online Platforms without prior written authorization by Appli or outside the permitted uses in these Terms of Use is strictly prohibited. We stress that the value of our Online Platforms is based, in large part, on the unique works of authorships, trade secrets, rights, generative models, and unique coding and design represented in the business solutions we deliver. As such, we will pursue all necessary action to protect the rights underlying our Online Platforms.
These Terms of Use permit you to access the Online Platforms for your personal use and review (according to Section 3.1 above). Accordingly, you must not reproduce, distribute, modify, or create derivative works of any of the material on our Online Platforms, except as follows:
By using the Online Platforms, you agree not to delete or alter any copyright, trademark, or other proprietary rights notices from copies (or print versions) of content and reports from the Online Platforms. EXCEPT AS SET FORTH IN THESE TERMS OF USE, NO RIGHT, TITLE, OR INTEREST IN OR TO THE ONLINE PLATFORMS OR ANY CONTENT ON THE ONLINE PLATFORMS IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY US.
The Appli name and any logo we display on our Online Platforms—including all related images, solution descriptions, and slogans—are trademarks of or proprietary to Appli or its client base (if we publish our clients’ marks on the Online Platforms). You must not use or exploit such marks and logos without the prior written permission of Appli.
During your interaction with our content (including all Generative Services), you may only use the Online Platforms for lawful, personal purposes and in strict accordance with these Terms of Use (including Section 3 and Section 4 above). During your visits to our Online Platforms, you expressly agree not to use (or exploit) the Online Platforms:
To enforce these Terms of Use and protect the integrity of the Online Platforms, we retain the rights to: (A) take appropriate legal action in connection with any illegal or unauthorized use of the Online Platforms; and (B) terminate or suspend your access to all or part of the Online Platforms for any violation, or suspected violation based on evidence available to us, of these Terms of Use. Ultimately, we place significant value on delivering a professional environment where our clients and their community members can review our Online Platforms and Generative Services without interference. As such, in addition to the specific restrictions under Section 7 above, we reserve the right to forfeit your access at any time to our Online Platforms if we, in our reasonable discretion, believe any of your actions may put our professional mission, clients, or content at risk.
If the Online Platforms contain links or plug-ins to other sites and resources provided by third parties (for example, informational sites related to lineage analysis or other cloud databases), these links and plug-ins are provided for your convenience only and for your voluntary visiting, if you choose to do so. We stress that we have no control over the contents of those third-party sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Online Platforms, you do so entirely at your own risk and are subject to the terms of use for such websites.
You may link to our Online Platforms (including our homepages or demo locations), so long as you do so in a way that is fair and accurate and does not damage, impersonate us, or take advantage of our reputation and client goodwill. In doing so, however, you agree not to establish or share a link in such a way as to suggest any form of association, approval, or commercial endorsement on our part where none exists.
11.1 Disclaimer of Warranties. ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND OTHER DESCRIPTIONS OF GENERATIVE SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE ONLINE PLATFORMS, AND THE ONLINE PLATFORMS THEMSELVES, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PLATFORMS OR THE CONTENT FOUND THEREIN. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ONLINE PLATFORMS AND ACCESS TO ANY OF THE CONTENT INCLUDED THEREIN IS UNDERTAKEN BY YOU AT YOUR SOLE DISCRETION AND RISK.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, APPLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS DESCRIPTIONS OF GENERATIVE SERVICES AND THE ONLINE PLATFORMS, AND ALSO DISCLAIMS ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS THROUGH OUR CONTENT.
11.2 Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL APPLI OR ANY OF ITS AFFILIATES, BUSINESS ASSOCIATES, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, EQUITY HOLDERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ONLINE PLATFORMS OR ANY CONTENT OR GENERATED REPORTS ON THE ONLINE PLATFORMS. THIS LIMITATION EXPRESSLY PRECLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AGAINST APPLI, EVEN IF FORESEEABLE BY YOU OR US.
Certain jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages (as described above); in which case, this Section is subject to the limitations of any applicable laws that might be required to qualify its provisions and statements.
11.3 Indemnification. As indicated in these Terms of Use, we cannot and will not be liable for your misuse of our Online Platforms and content or your breach of these Terms of Use. Accordingly, you agree to indemnify (which is a legal term of art, generally meaning you will compensate, reimburse, and protect us from certain losses), defend, and hold Appli and its officers, directors, employees, representatives, licensors, suppliers, and subscribing clients harmless from and against any claims, losses, damages, judgments, costs, and expenses (including reasonable attorney fees) arising out of your misuse of our Online Platforms or any violation of these Terms of Use.
11.4 AI Statements. Appli strives to implement industry acceptable procedures for the ethical and responsible use of any generative tools, machine learning, or other artificial intelligence technologies related to our Generative Services (each, an “AI Tool”). And although our support team will field questions concerning principles of transparency, accountability, and human interpretability in our use of AI Tools, we do not make any express, implied, or other warranties to you or our client base as to the results obtained from our implementation of AI Tools for the Generative Services. For questions regarding our use of AI Tools, please contact us at the support email below.
12.1 Entire Agreement. Except as specifically referenced or incorporated herein (for example, our Privacy Policy or a stand-alone MSA with us), these Terms of Use constitute the sole and entire agreement between you and Appli regarding the Online Platforms. Subject to the priority of any separate MSA for subscribing clients and their access to our Generative Services, these Terms of Use supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Online Platforms.
12.2 Severability. If any provision of these Terms of Use is held by a court or other authority of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
12.3 Governing Law; Geographic Scope. All matters relating to the Online Platforms and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Although our Generative Services are available to clients in a number of jurisdictions, Appli is based in the United States. As such, we make no claims that the Online Platforms are fully accessible or appropriate for visitors outside of the United States.
12.4 Attorney Fees (limited scenarios). In the event that we are required to pursue legal action against you to protect Appli’s rights under Section 5 (Ownership), Section 6 (Trademarks), or Section 7 (Restrictions on Use), you fully acknowledge, understand, and agree to be responsible for all collection costs, reasonable attorney fees, court costs, and a collection fee as allowed by applicable law.
12.5 ADA Compliance. As you may already know, organizations that otherwise qualify as places of public accommodation must ensure that their public-facing websites comply with the Americans with Disabilities Act (the “ADA”). Because of the private nature of our subscriptions and Generative Services (which are generally governed by our MSAs), Appli does not represent, warrant, or otherwise promise that the Online Platforms are compliant with the ADA. If you have any questions or requests concerning ADA compliance, please contact us at the information set out below.
12.6 Contact Information. For questions about these Terms of Use or the Online Platforms, please contact: support@hiappli.com
12.7 Notice to California Residents. If you are a California resident visiting our Online Platforms, in accordance with Cal. Civ. Code §1789.3, you may report valid complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.