Terms and Conditions of Service - MobAppCreator
Welcome to MobAppCreator!
Thank you for choosing to use our services.
Please read this Agreement carefully. It includes important information about
your rights and covers areas warranty disclaimers, limitations of liability,
resolution of disputes and a waiver of class action.
1. LEGAL AGREEMENT -
These Terms and Conditions of
Service ("Terms") cover your use of and access to our site www.MobAppCreator.com
as well as your subscription to and any Order of our services, products,
applications, tools, offline components and features, including eCommerce
solutions (individually the "Service" or collectively, the
"Services") provided by our company SAS MobAppCreator, together with
its affiliates, officers, directors, employees, agents and subsidiaries
(hereinafter "MobAppCreator", "we", "our" or
"us"). Our Privacy Policy, available at https://www.MobAppCreator.com/privacy/
explains what personal information we collect and how it is used and shared.
The Terms and the Privacy Policy all set forth the entire terms and conditions
applicable to each visitor or user ("User" our "you") of
our website and Services, applications and features offered by us with respect
thereto, except where we explicitly state otherwise.
By using or accessing the Services, you are agreeing to these Terms and our
Privacy Policy (collectively, this "Agreement"). If you're using our
Services for an organization or on behalf of a business entity, you're agreeing
to this Agreement on behalf of that organization, and represent and warrant
that you can do so. If you do not agree to or approve all the terms in this
Agreement, you may not use or access the Services.
2. DEFINITIONS -
The following terms shall
have the following meaning:
“Application”: mobile or desktop application created by the User through
MobAppCreator and made available to the public for download from a third-party
platform or accessible from a web browser
“Author”: any person drafting or publishing on the Internet, more
specifically on the Application.
“Blog”: Internet Web site enabling the publishing of content and the
drafting of commentaries by the readers with an Internet diffusion.
“Access codes”: username and password used by the User together or
separately to identify oneself and access the Services. The access codes are
part of the User Account.
“End User”: Any person or entity who actually uses our Service(s).
“Order”: online subscription of our Service(s).
“User Content”: any content uploaded by you, including any designs,
images, animations, videos, audio files, fonts, logos, illustrations,
compositions, artworks, interfaces, text, literary works and any other
materials.
“Guest”: any person being invited by a User of the Service to provide or
drop comments or publish as an Author, under the Client’s
responsibility.
“User”: any person or entity having an account allowing access to our
Services.
“Customer”: any person or entity having an account allowing access to our
Services and paying a subscription to access our Services.
3. PURPOSE AND SCOPE -
MobAppCreator provides an
online service composed of tools enabling the User to create its own
Application(s) whether from an existing blog, website or from scratch and publish
it through any relevant online store or making it accessible from a web
browser. The Application allows for content publishing and in some cases
eCommerce transactions to take place. The use of the Service is submitted to
the present Terms which equally apply to any Users, End Users, Authors and/or
Guests.
MobAppCreator may modify or update these general terms and conditions. The
Client, the User must regularly check the page "Terms of Services"
where the latest applicable version is published.
MobAppCreator does not warrant the lifespan or the optimization of the Service
for a said Internet browser nor for an operating system. MobAppCreator doesn’t
warrant the compatibility between an Application when such operating system
and/or browser is upgraded.
The use of the Service requires the Client/User/End User/Author/Guest to
subscribe to an internet connection with proper hardware whose costs are
independent from the MobAppCreator Service. Besides, in order to build an
Application with MobAppCreator, the Client may have to open at his own expense
an account in an online Application store and subscribe to the developer
account.
As part of the use of the Service, MobAppCreator may send the User a certain
amount of information (newsletters, administrative mail, etc.). This
information is part of the subscription to the Service, a User cannot refuse
it.
4. SUBSCRIPTION TO OUR SERVICE – REGISTRATION AND ACCOUNT -
4.1
In order to access and use certain sections and features of our Services, you
must first register and create an account with us (hereinafter a "MobAppCreator
Account", “Account ID”, "User Account" or simply
"Account").
4.2
If anyone other than yourself, a Guest, accesses your User Account and/or
related settings, you understand that they may perform any actions available to
you, make changes to your Application and User Account, and all such activities
will be deemed to have occurred on your behalf and in your name. Consequently,
we strongly encourage you to keep your Access Codes confidential, and allow
such access only to trusted people.
4.3
You must provide complete, accurate and updated information for your Account
when registering your User Account and using our Services. We may need to use
this information to contact you. We strongly encourage you to provide your own
(or your company’s) contact and billing details, including your valid e-mail
address, as we may use it to identify and determine the actual and true owner
of the User Account and/or Content submitted to us. Each Guest shall
likewise fill in such identification form to be able to act on the
Application.
4.4
You must immediately notify us of any actual or suspected loss, theft or
unauthorized use of your Account or Access Codes. You're solely responsible for
any activity on your Account. MobAppCreator shall not be liable for any acts or
omissions by you in connection with your Account. You agree you will not sell,
transfer, license or assign your account, username, or any account rights to
anyone. With the exception of people or businesses that are expressly
authorized to create accounts on behalf of their employers or clients, you
agree not to create an account for anyone other than yourself.
4.5
We reserve the right to determine ownership to a User Account based on our
reasonable judgment, whether or not an independent investigation has been
conducted by us. However, if we cannot make such determination (as we may deem
in our sole discretion), we reserve the right to terminate the Service to you,
without liability to you or to any other party.
4.6
You affirm that you are either over 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent
(i) to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and (ii) to
comply with them. In any event, you affirm that you are at least 16 years old,
as the Service is not intended for or directed to anyone under 16. If you are
under 16 years old, then you are prohibited from using this Service.
5. USER CONTENT AND RELATED USER’S OBLIGATIONS -
You represent and warrant to
us that:
5.1
You own all rights in and to any content uploaded by you, including any
designs, images, animations, videos, audio files, fonts, logos, illustrations,
compositions, artworks, interfaces, text, literary works and any other
materials (“Content”), or otherwise have (and will continue to have) the full
power, title, licenses, consents and authority, in and to the User Content, as
necessary to legally use, publish, transfer or license any and all rights and
interests in and to such User Content.
5.2
The User Content is true, current, accurate, non-infringing upon any third
party rights, and in no way unlawful for you to possess, post, transmit or
display in the country in which you or your Application visitors and users
(“End Users”) reside.
5.3
You have obtained all consents and permissions required under all applicable
laws, regarding the posting, transmission and publication of any personal
information and/or image or likeness of any person, entity or property which is
part of the User Content, and you will adhere to all laws applicable
thereto.
5.4
You may not post or upload via our Service any defamatory, libelous, obscene,
harassing, threatening, incendiary, abusive, racist, offensive, deceptive or
fraudulent, or which otherwise violates the rights of any third party
Service.
5.5
You may not use the Service for any illegal or unauthorized purpose or more
generally in a manner that would affect or disrupt MobAppCreator’s reputation
or business, in the sole judgment of the MobAppCreator evaluation
team.
5.6
You agree to comply with all laws, rules and regulations (for example, federal,
state, local and provincial) applicable to your use of the Service and your
Content, including but not limited to, copyright and trademark laws.
5.7
You must not interfere or disrupt the Service or servers or networks connected
to the Service, including by transmitting worms, viruses, spyware, malware or
any other code of a destructive or disruptive nature.
5.8
You must not create accounts with the Service through unauthorized means,
including but not limited to, by using an automated device, script, bot,
spider, crawler or scraper.
5.9
You must not attempt to restrict another user from using or enjoying the
Service and you must not encourage or facilitate violations of these
Terms.
5.10
You agree not to disparage the reputation of MobAppCreator.
You further agree:
5.11
To receive from time to time promotional messages and materials from us or our
partners, by mail, e-mail or any other contact form you may provide us with. If
you wish not to receive such promotional materials or notices – please just
notify us at any time;
5.12
To allow us to use in perpetuity, worldwide and free of charge, any version of
your Application (or any part thereof) for any of our marketing and promotional
activities, online and/or offline, and modify it as reasonably required for
such purposes, and you waive any claims against us or anyone on our behalf
relating to any past, present or future moral rights, artists’ rights, or any
other similar rights worldwide that you may have in or to your Application with
respect to such limited permitted uses;
5.13
Not to copy, modify, create derivative works of, download, adapt, reverse
engineer, emulate, migrate to another service, translate, compile, decompile or
disassemble our Service, or any part thereof;
5.14
Not to purchase search engine or other pay per click keywords or domain names
that use MobAppCreator or MobAppCreator Trademarks and/or variations and misspellings
thereof;
5.15
Not to probe, scan, or test the vulnerability of our Services or any network
connected to our Services;
5.16
Not to take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the MobAppCreator Services or systems or networks
connected to the MobAppCreator Services, or otherwise interfere with or disrupt
the operation of any of the MobAppCreator Services, or the servers or networks
that host them or make them available, or disobey any requirements, procedures,
policies, or regulations of such servers or networks;
5.17
Not to exceed Fair Use: all applications created with one subscription may not
exceed more than a combined total of 150,000 requests per day to the MobAppCreator
APIs;
5.18
Not to remove or alter any copyright notices, restrictions and signs indicating
proprietary rights of any of our licensors;
5.19
Not to use, copy -in whole or in part- any copyrighted materials and/or
content provided by MobAppCreator;
5.20
Not to reverse engineer or propose a service similar to MobAppCreator,
based on the MobAppCreator technology such as offering a Do-It-yourself app
building platform and/or service.
You acknowledge and agree that your failure to abide by any of the foregoing
or any misrepresentation made by you herein may result in the immediate
termination of your User Account and/or any Services provided to you by MobAppCreator–
with or without further notice to you, and without any refund of amounts paid
on account of any such Services.
MobAppCreator cannot be held responsible for the deletion, the correction, the
destruction, the damage, the loss or the inappropriate hosting of any Content. MobAppCreator
may withhold, remove and/or get rid of Content, without notice.
Supplemental rules governing Users’ eCommerce services through the MobAppCreator
solutions (Apps and websites) – From Section 5.21 – 5.29
5.21
ECommerce Responsibility. The MobAppCreator Services may include
features that enable Users to provide or sell goods, products and/or services
(or a combination thereof) to, or otherwise collect payments from, End Users
(hereinafter “eCommerce” solutions). MobAppCreator has indeed developed specific
state of the art tools to help its Users build and conduct eCommerce activities
using some of the MobAppCreator products, including but not limited to selling
products and collecting sales proceeds through integrated third-party solutions
including Stripe and Paypal; it being understood and agreed that the use of any
such third-party to process payments for eCommerce activities shall establish a
contractual relationship between the Users and said third-party payment
processing services, and User hereby represents and warrants to abide by all
applicable terms and conditions governing said relationship. MobAppCreator
is also hereby reminding its Users that any eCommerce activities conducted
through the MobAppCreator solutions are and will remain the sole exclusive
responsibility of the Users and that in no event whatsoever, shall MobAppCreator
be liable or responsible for any such eCommerce operations. Moreover, Users
shall at all time ensure strict compliance with any applicable laws or
regulations. Users will among other things be complying with any consumer,
eCommerce and related laws.
5.22
Rules regarding Taxes in connection with eCommerce. MobAppCreator does do not
provide any tax or legal advice to its Users or End Users, and no information
provided by MobAppCreator should be interpreted as such. Users shall be solely
responsible for: (a) Taxes and fees associated with their eCommerce,
including without limitation any Taxes related to the purchase or sale of
products or services in connection with eCommerce; (b) collecting, reporting
and remitting required Taxes to relevant government or tax authorities; (c)
informing their End Users of required or mandatory Taxes, and providing them
with due invoices as required by applicable laws; and more generally (d)
implement, respect and enforce any necessary rules dictated by applicable
regulation or law. MobAppCreator also disclaim any responsibility
regarding any tax estimates, reporting or related materials or information that
MobAppCreator may provide via its solutions and services; it being understood
that said information shall be regarded as for “illustration purposes only”;
therefore, as the case may be, no User shall solely rely on them to comply with
their tax obligations.
5.23
Fulfillment of Ecommerce-related Orders. Users shall remain solely
responsible for fulfilling and delivering their products and services to their
End Users and MobAppCreator shall have no responsibility or liability
whatsoever regarding same.
5.24
Claims. Users shall be solely responsible for any claims or warranties
made in connection with their eCommerce operations and any claims made by End
Users against them.
5.25
Customer Service. Users shall be solely responsible for handling any
eCommerce-related customer service or End Users complaints related to their
eCommerce, including without limitation any issues related to payments,
promotions and refunds or credit card chargebacks. Ecommerce Users agree to
provide complete and accurate contact/identity information on their App or sites
in order to facilitate the direct provision of comments or, as the case may be,
complaints by their End Users.
5.26
Users Terms of Sale and Users Privacy Policy. Users agree to publish
and make clearly available on their Apps and sites a clear and compliant
privacy policy, terms of sales and any other terms or policies that may be
required by applicable law. Users further warrant that their eCommerce App or
site will at all times comply with all applicable laws and regulations and will
guarantee the due indemnification of MobAppCreator.
5.27
Legitimate Restrictions. Users shall not offer or sell any products or
services which, in MobAppCreator sole reasonable discretion,: (a) can be
considered hazardous, counterfeit, stolen, fraudulent, illegal, abusive or
adverse to MobAppCreator’s best interests or reputation; (b) are generally
prohibited for sale, distribution or use in the applicable territory; or (c)
otherwise fail to comply with any applicable laws or regulations, including
without limitation with respect to intellectual property, trade secrets,
privacy or publicity rights, consumer protection, product safety or trade
regulations or export controls, regulations or sanctions. This provision shall
not be regarded as creating a monitoring or supervision obligation on the part
of MobAppCreator.
5.28
eCommerce Apps Suspensions, Restrictions or Cancelations. To
supplement other similar provisions provided in these terms, MobAppCreator
hereby reasserts its right and option, at its sole discretion, and without any
specific notice due to its Users, to suspend, restrict or fully disable access
to/cancel or remove a User account, App, site or more generally eCommerce
service(s), without any liability to its related Users or to any End
Users, including without limitation for any loss of profits, revenue, data,
goodwill or other similar tangible or intangible losses (except where
prohibited by applicable law).
5.29
Third-Party Payment Processors, including Stripe and Paypal. In order to
accept payments from End Users, Users may choose to integrate third party
payment processors (“eCommerce Payment Processors”) into the MobAppCreator
solutions. The relationship of said Users and End Users with such eCommerce
Payment Processors shall therefore be governed by those certain eCommerce
Payment Processors’ terms and policies, which are hereby incorporated by
reference. eCommerce Payment Processors are and will remain a third party
service. While MobAppCreator may try to provide reasonable advance notice,
Users hereby agree that MobAppCreator may, at all and any time and in its sole
discretion, and without any specific notice to Users, suspend, restrict or
disable/cancel access to or remove from the MobAppCreator services, any
eCommerce Payment Processors, without any liability to Users or to any End
Users, including without limitation for any loss of profits, revenue, data,
goodwill or other tangible or intangible losses (except where prohibited by applicable
law).
6. MOBAPPCREATOR BEST PRACTICES AND MOBILE APPLICATION MANDATORY GUIDELINES -
We do our best to make MobAppCreator
a great place to create beautiful and useful apps. We need your help to keep MobAppCreator
being a reputable and trusted service that provides value to all end users,
partners and app stores. We therefore request that the following guidelines and
covenants be respected at all times:
You shall not create unauthorized commercial app (such as spam) with MobAppCreator;
You shall not create any app with content that may defame, stalk, bully, abuse,
harass, threaten, impersonate or intimidate people or entities and you must not
use content using confidential information;
You shall not create any app with MobAppCreator to display violent, nude,
partially nude, discriminatory, unlawful, infringing, hateful, pornographic or
sexually suggestive photos, videos or other content;
You shall not create an app containing alcohol-related, dating or other mature
content (including advertisements) without appropriate age-based
restrictions;
You shall not use MobAppCreator to do anything unlawful, misleading, malicious,
or discriminatory and you shall not use our service for any illegal or
unauthorized purpose;
You agree to comply with all laws, rules and regulations (federal, state, local
and provincial or applicable regulations);
You shall create an app that is useful and distinctive for the end user and you
shall therefore refrain from building an app that is simply a mere copy of
someone else's work;
You will not use MobAppCreator to flood mobile stores or the web with low
quality apps, clones of a poor concept that do not bring any value to an
audience.
7. INTELLECTUAL PROPERTY -
7.1
USER’s intellectual property: User shall own all intellectual property
pertaining to its Content, including but not limited to any designs, images,
animations, videos, audio files, fonts, logos, illustrations, compositions,
artworks, interfaces, text, literary works and any other materials created by
you. You hereby grant MobAppCreator a royalty-free, perpetual, irrevocable,
non-exclusive, transferable right and license to use your User Content (in
whole or in part) worldwide in order to provide you with the Services, and as
further specified in these Terms.
7.2
MOBAPPCREATOR’s Intellectual Property: All rights, title and interest in and to
the Services, including any and all copyrightable materials or any other
content thereof which is or may be subject to any intellectual property rights
under any applicable law (including any artwork, graphics, images, website
templates and widgets, literary work including Users feedback reviews and
comments, source and object code, computer code, applications, audio, music,
video and other media, designs, animations, interfaces, the trade dress of our
Services, methods, products, algorithms, data, interactive features and
objects, advertising and acquisition tools and methods, inventions, trade
secrets, logos, domains, customized URLs, trademarks, service marks, trade
names and other proprietary identifiers, whether or not registered and/or
capable of being registered (collectively, “Intellectual Property”), and any
derivations thereof, are owned by and/or licensed to MobAppCreator. Subject to
your full compliance with these Terms and timely payment of all applicable Fees
for our Services, we hereby grant you, upon creating your User Account and for
as long as we wish to provide you with the Services, a non-exclusive,
non-transferable, fully revocable, limited license to use our Services and
related Intellectual Property, for the purpose of generating and displaying
your User Application to end users, solely as expressly permitted under these
Terms, and solely within the scope of our Services.
For the avoidance of doubts, these Terms do not convey any right or interest in
or to MobAppCreator’s Intellectual Property (or any part thereof), except only
for the limited license expressly granted above. Nothing in these Terms
constitutes an assignment or waiver of our Intellectual Property rights under
any law or jurisdiction.
8. PRIVACY POLICY -
MobAppCreator value and
protect your Privacy. Certain parts of our Services require or involve the
submission, collection and/or use of certain personally identifying or
identifiable information. In particular and as a part of accessing or using our
Services, we may collect, access and use certain data pertaining to Users and
as the case may be End Users, including the activities or navigation undertaken
by Users and End Users through our Services and/or User Application.
Our Privacy Policy explains how we
collect, use and share your personal information for our own purposes. Be sure
to read it carefully.
8.1.Data Processing Addendum
When using the Services, you are operating as a “data controller” (as that term
is defined in the GDPR). It is really important that you comply with data
protection laws when using the Services, such as when you collect others’
personal information or use cookies or similar technologies (including those we
drop for you at your request, such as for web analytics). Our Data Processing
Addendum explains how we handle, on your instructions, others’ personal
information you collect using the Services or any of your End-User content
which contains others’ personal information.
8.2.Data Protection, Security and Privacy Laws.
You agree and warrant that you are solely responsible when using your
Application or the Services for complying with applicable data protection,
security and privacy laws and regulations (including, where applicable, the EU
General Data Protection Regulation), including any notice and consent
requirements. This includes without limitation the collection and processing by
you of any personal data, when you use your Application and the Services to
send marketing and other electronic communications to individuals and when
using cookies and similar technologies on your Application (including, in
particular, those which we place for you at your request as part of the
Services, such as to undertake analytics for you).
8.3.Privacy Policy and End-Users.
If applicable law requires, you must provide and make available to your End
Users on your Application a legally compliant privacy policy.
8.4. Cookies and Similar Technologies.
If applicable law requires, you must provide and make available to your End
Users on Your Applications a legally compliant cookie policy. You must capture
valid consent, both for you and us, for any cookies or similar technologies
used on or through your Application (including those we drop on your request or
with your permission) where required, including, where applicable, by the EU
e-Privacy Directive/Regulation and under national laws implementing the same.
8.5. Protect and Improve the Services.
You agree that we may protect and improve our Services through analysis of your
use of the Services, your End Users’ use of your Application and/or analysis of
your and your End Users’ personal information in anonymized, pseudonymized,
de-personalized and/or aggregated form. If applicable law requires, you should
explain this in your privacy policy. See our Privacy Policy for more
information about how and what we do in this regard.
We encourage you to read our Privacy Policy, available here https://www.mobappcreator.com/privacy/, and each such Third Party
Services’ relevant policies on a regular basis, for a description of such data
collection and use practices.
9. FORCE MAJEURE -
Either Party shall be excused
from performance and shall not be in default in respect of any obligation
hereunder to the extent that the failure to perform such obligation is due to
an Event of Force Majeure.
For the purpose of this Agreement, an “Event of Force Majeure” means any
circumstance not within the reasonable control of the Party affected, but only
if and to the extent that (i) such circumstance, despite the exercise of
reasonable diligence and the observance of good utility practice, cannot be, or
be caused to be, prevented, avoided or removed by such Party, and (ii) such
circumstance materially and adversely affects the ability of the Party to
perform its obligations under this Agreement, and such Party has taken all
reasonable precautions, due care and reasonable alternative measures in order
to avoid the effect of such event on the Party’s ability to perform its
obligations under this Agreement and to mitigate the consequences
thereof. In particular and without any limitation, MobAppCreator cannot
be held liable if the performance of our obligation is obstructed, limited or
impeded due to fire, explosion, network communication breakdown, collapse of
hosting facilities, epidemic, earthquake, flood, electricity shortage, war,
embargo, statute, order, demand from any government, strike, boycott, loss of
telephone operator’s or hosting provider’s licence or any other circumstance
without reasonable MobAppCreator’s control
10. FEES AND PAYMENT TERMS -
After your Free Trial, you
can access the MobAppCreator Services by submitting a fee payment (“Paid
Services”, “Subscriptions Fees” or “Fee(s)”).
10.1
Applicable Subscription Fees and Taxes. MobAppCreator applicable
Subscription Fees for our Services are available online at: www.MobAppCreator.com.
Note that all our Fees are exclusive of applicable federal, state, local or
other taxes. You are responsible for all said applicable taxes, and we will
charge them in addition to our Fees for the Services when required to do
so.
10.2
First Fee due and Payment. The first Fee due and payment takes
place on the first day after the 30-day free trial period.
10.3
Payment method. The User may pay by credit card or
PayPal.
10.4
Automatic Subscription Renewals. To ensure uninterrupted service, MobAppCreator
may automatically bill you for certain Paid Services from the date you submit
your initial payment and on each renewal period thereafter until cancellation.
Your renewal period may then be equal in time to the renewal period of your
current subscription. We will charge you the applicable amount using the
payment method you have on file with us. MobAppCreator may disable auto-renewal
at any time
10.5
Change in Subscription Fees. We may change our Fees at any time.
When applicable, we will give you advance notice of these Fee changes via the
Services. New Fees will not apply retroactively. If you do not agree with the
Fee changes, you have the right to reject the change by cancelling the
applicable Paid Service before your next payment date.
10.6
Refunds. While you may cancel any Paid Services at any time, you
will not be issued a refund except in our sole discretion, or if legally
required.
10.7
Service Start. The Service subscribed by the User starts as soon as
the first payment is received. Unless MobAppCreator specifies differently, the
payment is made on a monthly, or annually period (depending on the choice made
by the User) and no refund will be made.
10.8
Banking Details update. To avoid any disruption of our Service, the
User shall maintain its credit card and Paypal details updated. A menu is
dedicated to it in the managing interface of the User Account.
10.9
Late Payment. For any late payment, MobAppCreator may charge interests
until the day of full payment, based on 3 times the ongoing legal rate.
10.10
Payment Processor: We use a third party payment processor to bill
you through a payment account linked to your Account. The processing of
payments will be subject to the terms, conditions and privacy policies of said
payment processor, in addition to this Agreement. We do not control and are not
liable for the security or performance of the payment processor. You agree to
pay us, all charges at the prices then in effect for any purchase in accordance
with the applicable payment terms. You agree to make payment using the payment
method you provide with your Account. We reserve the right to correct, or to
instruct our payment processor to correct, any errors or mistakes, even if
payment has already been requested or received.
10.11
Billing contact: Any question about billing or the nature of the
Service must be made in writing at the following address: contact@MobAppCreator.com.
11. TERM OF THE SUBSCRIPTION -
Our Service is made available to you on an annual or month-to-month basis with automatic renewal, at your option at the time of subscription. MobAppCreator may or may not warn User by E-mail before the end of said subscription of our Service.
12. COMPLIANCE WITH LAWS -
You represent and warrant
that your use of MobAppCreator will comply with all applicable laws and
regulations. You’re responsible for determining whether our Services are
suitable for you to use in light of any regulations like HIPAA, GLB, EU Data
Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and
you use our Service, then we won’t be liable if our Service doesn’t meet those
requirements. You may not use our Service for any unlawful or discriminatory
activities.
If you’re located in the European Economic Area (EEA) or if you have at least
one End-User in the EEA, you represent and warrant that in using the Service
and collecting information as a result of using the Service, you:
12.1
Will clearly describe in writing how you plan to use any data collected. You’ll
get express consent to transfer data to MobAppCreator and be processed, and
you’ll otherwise comply with whatever privacy policy you have posted.
12.2
Have complied, and will comply, with all regulations, as well as data
protection, electronic communication, and privacy laws that apply to the
countries where you’re Application is used.
12.3
Have collected, stored, used, and transferred all data relating to any
individual in compliance with all data protection laws and regulations. You
have the necessary permission to allow MobAppCreator to receive and process
data and send communications to that individual on your behalf.
12.4
Agree to indemnify and hold us harmless from any losses, including attorney
fees, that result from your breach of any part of these warranties.
13. TERMINATION, LIMITATION AND SERVICE SUSPENSION -
You may discontinue to use
and request to cancel your User Account and/or any MobAppCreator Services at
any time, in accordance with the instructions available on our Services. The
effective date and time for such cancellation shall be the date and time on
which you have completed the cancellation process, and the effective date for
cancellation of Paid Services shall be at the end of such Paid Services’
subscription period, end of the month for month to month contracts or end of
the year term for annual contracts. With respect to automatically-renewed
subscriptions to Paid Services, such subscription will be discontinued only
upon the expiration of the respective period for which you have already made
payment. Please note that as the cancellation process may take a few days, in
order to avoid the next automatic renewal and respective charge the
cancellation request should be made at least fourteen (14) days prior to the
expiration of the then-current service period.
Failure to comply with any of our Terms and/or to pay any due Fee shall entitle
MobAppCreator to immediately suspend (until full payment is made) or
immediately cancel your User Account and User Application (or certain features
thereof), as well as the provision of any related Services (e.g., Paid
Services) to you.
MobAppCreator reserves the right to refuse, limit or terminate access to the
service to anyone should MobAppCreator, in its sole discretion, consider that
said client or user violates any provision of these Terms and Conditions or
more specifically any of the above covenants.
Additionally, MobAppCreator may, but has no obligation to, remove, edit, block,
and/or monitor content, or accounts containing content that MobAppCreator
determines in its sole discretion violates these Terms and Conditions.
Supplemental terms specific to the suspension, restrictions or cancelation of
eCommerce solutions provided by MobAppCreator are herein provided in Section
5.28.
Without limiting our liability limitation provisions below, you waive any
claims you may have against MobAppCreator or MobAppCreator affiliates in the
event we deny you use of the MobAppCreator service where, among other things,
you have breached any provision of these terms and conditions of service or
otherwise failed to fulfill any of your obligations to MobAppCreator.
14. DISCLAIMER OF WARRANTIES -
MOBAPPCREATOR PROVIDES THE
SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND “AS AVAILABLE” BASIS. YOU
THEREFORE AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, MOBAPPCREATOR, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE FULLEST
EXTENT PERMITTED BY LAW; THIS DISCLAIMER OF WARRANTIES SHALL INCLUDE AND COVER,
BUT SHALL NOT BE LIMITED TO, ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE
MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE
LIKE. MOBAPPCREATOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR
SERVICES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA OUR SERVICE. MOBAPPCREATOR DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH OUR SERVICE OR ANY
HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND MOBAPPCREATOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
Under certain circumstances, some jurisdictions may not permit the scope of the
above disclaimers. Nevertheless, those disclaimers shall apply to the maximum
extent permitted by applicable law. You may have other statutory rights and
nothing in this Agreement affects your statutory rights or rights under
mandatory laws. The duration of statutorily required warranties, if any, shall
be limited to the maximum extent permitted by applicable law.
Additional Disclaimers regarding eCommerce activities conducted via MobAppCreator
solutions and service.
MobAppCreator has not reviewed, and will not be able to review, all of the
goods, items or services offered or sold through sites or mobile applications
stores using the MobAppCreator service. We will therefore have limited or no
control over those stores and shall not be responsible for their contents. MobAppCreator
will not be responsible for any use or effects from the sale or purchase of
said items or services through a site or mobile application using the MobAppCreator
Service. Among other things, we absolutely disclaim the following:
- MobAppCreator does not endorse any items for sale or represent that their
description, marketing or labeling is accurate, useful, non-harmful or risk
free.
- If you sell items through a site or store using the MobAppCreator Service,
you are solely and entirely responsible for those items, and for any harm
resulting from those items or your conduct.
- MobAppCreator disclaims any and all responsibility for any harm, damages or
injury resulting from anyone’s use or purchase of any items through the MobAppCreator
Service.
- We are not a party to, and will have no responsibility or liability for, any
communications, transactions, interactions, or disputes between buyers and
sellers.
- We are not involved in transactions that take place on stores or sites using
the MobAppCreator Service, including any subscriptions, store operations,
sales, refunds, or returns. We disclaim any responsibility for the quality,
timing, pricing, or legality of what may or may not be included in exchange for
payment, or any goods or services purchased.
- We do not represent that items for sale are the intellectual or rightful
property of the seller. We disclaim responsibility for any technical or legal
inaccuracies, typographical mistakes, or other errors describing items listed
on sites or stores using the MobAppCreator Service; or violations or
infringements of the privacy, publicity rights, intellectual property rights,
or other proprietary rights of third parties.
All of our Users also hereby represent and warrant to MobAppCreator that
they will at all times specifically reference the above disclaimers in their
terms and conditions of Sale and more generally indemnify MobAppCreator from
any liability whatsoever regarding their eCommerce operations
15. LIMITATION OF LIABILITY -
IN NO EVENT SHALL MOBAPPCREATOR,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF INCOME OR PROFITS, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE
BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT MOBAPPCREATOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MOBAPPCREATOR SHALL NOT BE LIABLE FOR CONTENT
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT
THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by MobAppCreator from its facilities in United
States. MobAppCreator makes no representations that the Service is appropriate
for any mobile application store or marketplace, or available for use in other
locations. Those who access or use the Service from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
16. LIMITATION ON DAMAGES -
To the maximum extent permitted by law, User agrees to limit MobAppCreator’s liability for the User’s damages to the sum of $1000.00 or the amount that the User has paid to MobAppCreator during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
17. INDEMNIFICATION -
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MobAppCreator, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
18. TIME LIMITATION ON CLAIMS -
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH MOBAPPCREATOR MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
19. MISCELLANEOUS -
19.1
Governing Law & Venue. You agree that the Service shall be
deemed solely based in US. This Agreement shall be governed by the internal
substantive US law, without respect to its conflict of laws principles. Any
claim or dispute between you and MobAppCreator that arises in whole or in part
from the Service shall be decided exclusively by a court of competent
jurisdiction located in the city of Miami, Florida. THIS AGREEMENT SHALL NOT BE
GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL
SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the
termination of any or all of your transactions with MobAppCreator.
Users agree to pay all costs and expenses, including but not limited to,
attorney fees and court costs incurred by MobAppCreator for the collection
and/or enforcement of any obligation under these terms and conditions, whether
or not a lawsuit, mediation or arbitration is commenced.
19.2
Informal Amicable Resolution. Before filing a claim against us, you
agree to try solve the dispute amicably by first emailing legal@MobAppCreator.com
with a description of your claim. MobAppCreator will try to resolve the dispute
informally via email, phone or other methods. If we cannot resolve the dispute
within sixty (60) days of our receipt of your first email, you or MobAppCreator
may then bring a formal proceeding.
19.3
NO CLASS ACTIONS. You may only resolve disputes with us on an
individual basis, and may not bring a claim as a plaintiff or a class member in
a class, consolidated or representative action. Class actions, class
arbitrations, private attorney general actions and consolidation with other
arbitrations aren't allowed.
19.4
Entire Agreement. If you are using the Service on behalf of a
legal entity, you represent that you are authorized to enter into an agreement
on behalf of that legal entity. These Terms, together with the Privacy Policy
and any other legal notices published by us on the Service, constitute the
entire Agreement between you and MobAppCreator and govern your use of the
Service, superseding any prior agreements.
19.5
Notices. We may provide you with notices in any of the following
methods: (1) via the Services, including by a banner or pop-up within our
Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address
you provided us; and/or (3) through any other means, including any phone number
or physical address you provided us. Our’s notice to you will be deemed
received and effective within twenty-four (24) hours after it was published or
sent through any of the foregoing methods, unless otherwise indicated in the
notice. All Legal notices to MobAppCreator shall be sent to: MobAppCreator, 186
SE 12th ter. (for updated contact go to: www.MobAppCreator.com );
For any other notice you may send us an email at contact@MobAppCreator.com
19.6
Assignment. You will not assign the Terms or assign any rights or
delegate any obligations hereunder, in whole or in part, whether voluntarily or
by operation of law, without the prior written consent of MobAppCreator. Any
purported assignment or delegation by you without the appropriate prior written
consent of MobAppCreator will be null and void. MobAppCreator may assign these
Terms or any rights hereunder without your consent.
19.7
Severability. If any provision of these Terms is found by a court
of competent jurisdiction to be invalid or otherwise unenforceable, the parties
nevertheless agree that such portion will be deemed severable from these Terms
and will not affect the validity and enforceability of the remaining
provisions, and the remaining provisions of the Terms remain in full force and
effect.
19.8
Amendment. MobAppCreator reserves the right to amend these Terms
at any time and without notice, and it is your responsibility to review these
Terms for any changes. Your use of the Service following any amendment of these
Terms will signify your assent to and acceptance of its revised terms.
19.9
No waiver. MobAppCreator’s failure to insist upon or enforce
strict performance of any provision of these Terms shall not be construed as a
waiver of any provision or right. No waiver of any of these Terms shall be
deemed a further or continuing waiver of such term or condition or any other
term or condition.
19.10
No Third-Party Beneficiary Rights. Neither the course of conduct
between the parties nor trade practice will act to modify these Terms. These
Terms do not confer any third-party beneficiary rights.