Terms and Conditions

1. Introduction

Welcome to Aphyo.com website! By accessing our website and utilizing our services, you are acknowledging and accepting the terms and conditions outlined below. If you are utilizing the services for or representing an organization, you are bound by this agreement on behalf of said organization. By doing so, you affirm that you possess the authority to enter into this agreement on behalf of the organization.
If you do not agree with any of these terms and conditions, please refrain from using our website. Aphyo.com reserves the right to terminate your access to our services in the event of any violation or breach of these terms and conditions.

2. Changes of Terms and conditions

Aphyo.com retains the sole and absolute discretion to modify or revise the terms and conditions by updating this webpage. Your continued use of our site after any such modifications constitutes your acceptance of the updated terms. If you find any changes unacceptable, your only option is to discontinue using our website.

3. Account

In order to utilize certain features or services provided by Aphyo.com, it is mandatory to create an account. By creating an account, you confirm that all information provided is true, accurate, up-to-date, and complete. You agree to inform us promptly in writing of any changes to your information. It's your responsibility to ensure the accuracy and currency of your account and profile details. We disclaim any responsibility for disputes or claims arising from inaccuracies, incompleteness, or delays in the information you provide. Should Aphyo.com suspect any falsity or inaccuracy in your account information, it reserves the right, at its sole discretion, to suspend or terminate your account.
Users declare that they have reached the legal age of majority in their jurisdiction and possess the legal authority, right, and freedom to accept the Aphyo.com Terms and Conditions and to enter into a binding agreement.
User accounts may be created by providing login credentials (username and password) or through social login (e.g., login with Google, Facebook, etc.).
Users have the right to request deletion of their user account at any time.

4. Types of users

A. Visitors who do not create a user account:
These users do not have access to any functionality or services offered by us, except for the public pages of the website.
Aphyo.com does not collect or process data about this category of users, except for data provided by the Google Analytics service.
B. Users who create a user account but do not purchase any services:
These users have access to all functionalities and services offered by us, except for those that require payment, with the following limitations:
  • can create a maximum of 5 websites;
  • can have access to a maximum of 1GB of storage;
  • do not have access to support, except for payment-related issues.
C. Users who create a user account and pay a subscription for one or more websites:
These users have access to the following functionalities for the websites for which they pay a subscription:
  • can publish the website;
  • have access to support for the websites for which they pay a subscription;
  • SSL certificate and implementation of cybersecurity best practices;
  • ability to integrate with external services provided by Aphyo.com (e.g., Google Analytics);
  • storage limit of 50 GB.
Users may invite other individuals (collaborators) to manage the websites. Collaborators have access only to the website management functionalities described by the users at the time of the invitation. Collaborators do not have access to financial functionalities.

5. Paid services and fees

Certain Aphyo.com services may require payment of specific fees, as determined solely by Aphyo.com. Aphyo.com will inform you of the current Fees applicable to the Paid Services you choose to purchase, which you must pay directly to Aphyo.com. Payment of all relevant Fees is required in advance to access or utilize the Paid Services.
The services are provided for the entire duration for which a subscription has been paid by the user, as well as for a grace period of 7 days after the subscription expires. After the grace period expires, the website will be disconnected from the domain.
Payments can be made either monthly or annually. At the end of the paid period, the subscription is automatically renewed for the initially chosen period, with the right to cancel the subscription. In case of cancellation after the payment, the account will be downgraded after the paid period expires. Amounts paid by users are non-refundable.
Aphyo.com retains the right to modify its Fees at its discretion, with notice sent to you if such changes impact existing subscriptions.
Payments will be processed through the payment processor Stripe (https://stripe.com/en-ro), which ensures compliance with payment standards (PCI DSS). All payment data will be stored exclusively by Stripe.

6. Supply of services

We undertake to provide the Services to you in accordance with the terms outlined in this Agreement.
We will make reasonable efforts to deliver the Services to you as promptly as reasonably practicable. Should we encounter any reasons for delay, we will promptly inform you. However, we shall not be held liable to you if, despite our efforts, we fail to provide the Services within a specified timeframe.
We reserve the right to enhance, modify, or alter the Services provided to you. We will make reasonable efforts to notify you promptly of any such changes.
We will deliver the Services to you with reasonable skill and care. However, this commitment is subject to any downtime resulting from scheduled or emergency maintenance or repair. We will strive to minimize disruptions to the Services, scheduling maintenance during off-peak hours whenever possible. We will not be liable to you or any third party for losses incurred due to such downtime, whether emergency or scheduled.
We retain the right to deactivate individual features, applications, scripts, or programs as necessary for technical advancement, security, availability of technical support from the provider or manufacturer, and to ensure the stability and integrity of our systems.
We will take reasonable measures to ensure that deactivating individual features, applications, scripts, or programs does not significantly alter a core function of the Services provided to you. We will also offer technical alternatives, including upgrades and updated software versions, as soon as they become available.

7. Limitation of Liability

The services provided by Aphyo.com are provided "as is," without any warranties. Aphyo.com does not guarantee that the services provided are complete, accurate, or of a certain quality, reliable, or secure, or that they are compatible or suitable for your activities, devices, operating systems, browsers, software or tools.
We do not provide assurances that the services adhere to any laws applicable to you or your end users (including in any jurisdiction in which you operate), or that their operation will be free of viruses, bugs, or other harmful components or program limitations.
Under no circumstances shall Aphyo.com be held liable for any direct, indirect, consequential, special, or incidental damages arising from or connected to your utilization or inability to utilize this site or services procured through this site, whether based on contract, negligence, or any other legal theory, even if Aphyo.com has been informed of the potential for such damages. Aphyo.com's overall liability for any claim arising from or linked to your usage of this site shall not surpass one hundred dollars (US$100).
Users are responsible for the content they use to create websites. In this regard, user-uploaded content must comply with the Terms and Conditions, must not be illegal, deceptive, discriminatory, fraudulent, must not violate the intellectual property rights of others, or infringe upon the rights and freedoms of others. Aphyo.com reserves the right to block or restrict content that violates these obligations, as well as to deactivate the user's account.
We do not accept responsibility nor do We make any warranty that the domain name(s) requested by You will be accepted for registration nor will We be liable for any incidental costs You incurred if the application for Registration is unsuccessful. We do not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by You.
Considering the nature of the services provided by Aphyo.com, according to EU regulations, users do not have the right to withdraw from the contract within the legal 14-day period from the provision of the services. By downloading/viewing/using the services offered by Aphyo.com, users expressly declare that they are aware that they do not have the right to withdraw from the contract.

8. Copyright

All content provided on this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aphyo.com or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Aphyo.com and is protected by international copyright laws.
You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this website without the prior written consent of Aphyo.com.
All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Regarding websites created by users, they own all intellectual property rights to their content, except for the code and templates provided by Aphyo.com.
Aphyo.com provides images through integration with Unsplash (unsplash.com), which offers copyright-free images. Users may use these images without acquiring intellectual property rights over them. Users are responsible for the lawful use of the images uploaded by them.
The fonts that users can use to create websites are provided by Google, and the usage rights are governed by the policy found at the following address: https://developers.google.com/fonts/faq#can_i_use_any_font_in_a_commercial_product

9. Notices

We may deliver notices to you through any of the following methods: (i) through Aphyo.com website, such as banners or pop-up; (ii) via e-mail sent to the e-mail adress you provided us; (iii) using any other means, including phone numbers or physical addresses provided by you.
Any notice will be considered received within 24 hours after it has been published or sent through any of these methods, unless stated otherwise in the notice.

10. Miscellaneous

These Terms and conditions, including the rights, remedies, claims, and disputes arising from them or related to Aphyo.com Services, their interpretation, breach, termination, or validity, as well as any resulting relationships or transactions, shall be governed solely by the internal laws of the State of Romania.
Any claims or disputes, including those mentioned above, must be brought exclusively before a court of competent jurisdiction in Bucharest, Romania, as agreed upon by you.
If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, it shall be considered separate from these Terms and shall not affect the validity and enforceability of the remaining provisions. These Terms remain effective unless terminated by Aphyo.com.
Aphyo.com explicitly reserves the right, at its sole discretion, to deny, cancel, terminate, suspend, lock, or modify access to any services for any reason as determined by Aphyo.com.
These Terms of Use, constitute the complete agreement between you and Aphyo.com regarding the subject matter discussed herein. They replace any prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether oral or written, between Aphyo.com and you concerning any of Aphyo.com Services. By entering into these Terms, you acknowledge that you are not relying on any promises, representations, statements, inducements, disclosures, or duties of disclosure from Aphyo.com.

11. Force majeure

We shall not be held liable for any inability to provide Services or fulfill obligations under this Agreement due to circumstances beyond our control, including but not limited to acts of God, strikes, lockouts, industrial disputes (whether involving our employees or any other party), compliance with governmental laws or orders, accidents, fires, floods, storms, supplier defaults, work stoppages, war, riots, civil commotions, telecommunications service provider shortages, or any other similar force beyond our reasonable control.

12. Assignment of rights

Aphyo.com reserves the right to assign its rights and/or obligations, as well as transfer ownership rights and title to a third party without requiring your consent or prior notice. However, you may not assign or transfer any of your rights and obligations without obtaining prior written consent from Aphyo.com. Any attempt to do so without explicit and written consent from Aphyo.com will be considered null and void.