APPSMAKERSTORE® ONLINE SUBSCRIPTION AGREEMENT
Welcome to the Appsmakerstore® We start every new customer relationship with a sign-up on our website or contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, by creating your App on our site you approve terms in respect of our service.
2. Access and Services
Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
3. Fees and Payment
We will charge you a start-up fee and a standard monthly fee for using our system as well as additional fees depending on the type of service you have selected. You should review the complete and current price list before signing up for any services. The price for subscription is per application in account. Be aware if you want to use more than one application you have to pay additionally for each app. All prices will be updated at our webpage at all time. You will be given the opportunity to pay by credit card when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full charges for the until you discontinued our service. When canceled your App will be downgraded the same day. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change. Default of payment will mean that your app will be deleted or blocked without any future notice. App will not under any circumstances be transferred other companies or individuals as a result of this. Any paid fees are non-refundable. You agree that Appsmakerstore.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services using 3rd party payment solutions. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Appsmakerstore may be turned over to an outside collection agency for collection. Subscriber is aware that Appsmakerstore may prospectively change the specified rates and charges from time to time. Appsmakerstore.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Appsmakerstore.com . Currency exchange settlements will be based on agreements between you and the provider of your credit card.
With any contracts with Franchisee partners or other certificated Appsmakerstore partners, all agreements are between the partner and the customer. Appsmakerstore will not take any responsibility for contracts that are done outside Appsmakerstore. If approved Franchisee partner (will be under about us on web) will leave Appsmakerstore. Appsmakerstore will guarantee for any subscription period that the customer has paid to Franchisee.
4. System Rules
You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
5. Support for PAID and FREE users
Every paid user of Appsmakerstore® will get a free support. Every questions related to the use of our services and be addressed to firstname.lastname@example.org, or other customer support service that we offer you for free. Any addition services as graphic design or other manmade work beside the services that offered at www.appsmakerstore.com can be can be purchased in advance if agreed and we have the capability, or directly with our affiliate or other sales channels. If purchased outside Appsmakerstore.com, we will not be responsible for other contents then our own, although the relevant sales partner offer our service.
6. Upgrades for paid users.
Appsmakerstore® will offer a free and unlimited upgrade service from our web admin to all our paid customers. There you can create, change, replace new gadgets, text and content of choice, campaign management and other relevant services regarding our gadgets from Appsmakerstore. All payments are non refundable but you can cancel your subscription at any time.
7. Free and blocked users
Appsmakerstore as regional terms that will be viable when accessing the website based on geographical identifications. Where any blocked Apps coming from any limitation on traffic use or trial period can be upgraded after blocked. This can all be found on the our pricing page. If blocked over 3 months without any upgrades Appsmakerstore has the right to remove your App totally from our system. This means that the App later on needs to be created from scratch again. Mobile Apps not upgraded during 12 months period can be deleted to free space.
8. App name and URL
Any paid users can select and secure App URL name for HTML5 App sharing. Any FREE plan user therefore only hold name if not taken until upgraded. This ability is relevant for short link App name as ex mycompany.myname.com for easy sharing of your App via browser opening in Mobile devise. FREE plan users can view App only in Preview tab, Paid plan users can preview App via HTML5 link and publish it to App stores.
9. Upload to App Stores outside the Appsmakerstore system.
Appsmakerstore® will manually check every paid user before you can upload your App, and you can start uploading your App to the selected App Store as example Apple App Store. The upload itself will also be done by Appsmakerstore on your behalf. No installation files can be sent. Appsmakerstore will not take responsibility for any denied applications, but we will advise you with the needed changes and deliver your the App that you have created, available for you to download in Appsmakerstore® admin. If its still being rejected, this do not form any basis for payback.
All our Native prices supports up to 2 uploads in total to any App Store if you need to change your App for any reason, ex Native Stores guidelines. From there we will charge an additional fee ($29 USD) per modification with new updated upload. We have no bindings of time on our subscription but all amounts that are paid according to your price plan are non-refundable. Any downgrade will take effect the same day after downgraded. Please be aware that your App also then will be blocked in any native store. All customers must also familiarize themselves with the applicable terms and conditions under the relevant Application store. We note that several of these may seem very strict on many such as content with sexual material, gambling or other insulting statements may be rejected. All customers are themselves responsible for having the necessary development account (DA), if needed at the App Store that you have selected for uploading you App to. On the paid plan, basic support for getting this if you don't already have one, will be provided by phone and E-mail. Appsmakerstore® will not be responsible for any denied applications that are being issued by third party, ex App Store. This does also not form any basis of refund.
All Apps are hybrid using content from the Appsmakerstore system from the same App, or with a combination for any full native functions added to customers App. Native applications may differ from design in emulator. If you have questions about your gadget choice and the technology before we upload your App, please contact email@example.com
For adding your App to your Facebook Fan page you will need to add the Appsmakerstore Facebook App to your admin profile for that fan page. More information can be found under our forum pages.
When uploading to any App Store’s, Appsmakerstore will require your developer account information. This is to be updated under the Appsmakerstore publish settings ONLY. All customers will be updated directly by the App Store when done. All customers must change their password after Appsmakerstore has uploaded their App at the relevant App store for security reasons.
10. Content and trademarks of Appsmakerstore.
All customers should be sure that all text and image material uploaded to their app is approved and not copyright by others. All claims as a result of a breach of this will be sent directly to the user of the service, where Appsmakerstore® should be kept completely outside at all time. If Appsmakerstore get contacted by any copyright owner that customer has violated term with. Appsmakerstore can close the service or block the service within warning until final court ruling has taken place or customer has removed content. All codes that are being used by Appsmakerstore® to create your App, in your App, or at our site, can not be edit, sold, given away or copied. The subscription, set up or developments fees covers the rent of our system. This also goes for any custom developments paid by customers for improvements and functions added to the Appsmakerstore platform. This will not in any way give the customer any rights to any source codes. If customer should develop unique gadget for their use only, Appsmakerstore will make this a hidden gadget in the Appsmakerstore system for customer use only. This can only be done with SOW signed by director in Appsmakerstore. Violations will result in criminal prosecution, which can result in large fines and prison. Any violation of this will be followed up, without any exceptions.
11. Custom on core development
For any custom developments paid by customers for improvements and functions added to the Appsmakerstore platform. This will not in any way give the customer any rights to any source codes. If customer should develop unique gadget for their use only, Appsmakerstore can hide this function in the Appsmakerstore system for customer use only if agreed so in written. This can only be done with SOW signed by director in Appsmakerstore. Violations will result in criminal prosecution, which can result in large fines and prison. Any violation of this will be followed up, without any exceptions. Any project that is stopped by the customer under production will be charged in full and are non refundable for any amounts paid.
12. Custom development outside core
For any custom project outside the Appsmakerstore platform SOW are to be made with full details over technology used, intellectual property rights, source codes, delivery dates, development guarantee, prices, test and stages. Any cost around SOW before project start are non refundable. Any project that is stopped by the customer under production will be charged in full and are non refundable for any amounts paid.
13. Limitation of Liability
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every Online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
15. Disclaimers of Warranty
THE SYSTEM IS PROVIDED 'AS IS' AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT. If you do not agree to the terms of the Subscriber Agreement, please click ask to have your App deleted from our system.
17. Using 'cookies'
The so called 'cookies' may be used while using services or products rendered by the Appsmakerstore service. These are pieces of information sent by the server, stored on a user’s computer or phone for the purpose of automatic identification of a particular user when using our services. 'Cookies' enable us to quickly confirm your identity and owing to them the use of our services becomes much easier and more widely available. 'Cookies' are used by Appsmakerstore solely with the purpose of personalizing a particular user. 'Cookies' can be used on condition that they are accepted by a browser and that they shall not be removed from the storage media. Users who removed 'cookies' from their storage media or have not accepted them on their browser may not have access to products or services rendered by Appsmakerstore.
18. LICENSE TERMS AND CONDITIONS
You are granted a non-exclusive license to use the Downloaded Software subject to Your compliance with all of the terms and conditions of this License.
You are only granted a license for rent the App from the Appsmakerstore system. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.
You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the software. Your App can only be stored in the Appsmakerstore system, in the Appsmakerstore cloud, or publish at the selected App store. Any other use, is not allowed.
You will not have any proprietary rights in and to the software or codes. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.
Your license to use the software shall be revocable by the Licensor upon written notice to you. This license shall automatically terminate upon your violation of the terms hereof or upon your use of the software beyond the scope of the license provided herein.
Use beyond the scope of this license shall constitute copyright infringement.
This license shall be effective and bind you upon from when your App is being created, with your e-mail account. You accept the software on an 'AS IS' and with all faults basis. No representations and warranties are made to you regarding any aspect of the software.
You accept the software on an “AS IS” and with all faults basis. No representations and warranties are made to you regarding any aspect of the software.
THE LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTIBILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, ONSEQUENTIAL OR SPECIAL DAMAGES.
This license shall be interpreted under the laws of the State of Oslo, Norway. You agree that all controversies pertaining to the software and/or this Agreement shall be brought in the courts of Oslo, Norway. You hereby submit to the jurisdictions of such court. However, federal courts located in the state of Oslo, Norway shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of federal court located in the State of Oslo, Norway.
Licensor’s failure to enforce any rights hereunder or its copyright in the software shall not be construed as amending this agreement or waiving any of Licensor’s rights hereunder or under any provision of state of federal law.
When create and download the App you automatically accept the terms of this License.
19. APPSMAKERSTORE® CLICKABLE SOFTWARE LICENSE NOTICE
All users and parties accessing this website are hereby notified that any and all software that is made available to download from through this website ('Software') is the copyrighted work of the applicable vendor of such Software and that all other contents of this Web Page (“Content”) is the copyrighted work of the owner and operator of this website. The owner of this Website, and the vendor of the Software assert all copyrights and other proprietary rights in and to such items. Use of any Software that is downloaded by accessing this website is governed by and subject to the terms of any license agreement which accompanies or is included with the Software ('License Agreement'). Any party downloading any Software by access to this website will not be able to use or install any Software that is accompanied by or includes a License Agreement, unless such party acknowledges the terms of the applicable License Agreement and agrees to all terms and conditions of the applicable License Agreement terms.
You should assume and are hereby notified that claims of copyright are applicable to all items contained on this web page or available for download through this web page. You should not assume that any item available on or through this web page is in the public domain or constitutes “freeware”.
The Software may be downloaded through this website only for the use of the user and only in compliance with all terms, conditions, and limitations contained in the applicable License Agreement. Any, use, adaptation, modification, publication, reproduction, redistribution or any other action that is in violation of the copyright owner’s exclusive rights under the Norwegian Copyright Act and which is beyond the scope of the rights granted in the applicable License Agreement will constitute an infringement upon the rights of the vendor’s copyright and is punishable under the Norwegian Copyright Act.
Should you terminate your service with Appsmakerstore, your Apps will completely be removed from the any all App Store’s and the admin interface will be blocked. You are not allowed to bring your app out of Appsmakerstore® under any circumstances. Violations will be direct copyright infringement and result in liability.
THE VENDORS HEREBY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO SOFTWARE DOWNLOAD BY ACCESSING THIS PAGE EXCEPT FOR SPECIFIC WARRANTIES THAT ARE EXPRESSLY PROVIDED IN THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EACH APPLICABLE VENDOR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP OF THE SOFTWARE AND NONINFRINGMENT UPON THE RIGHTS OF ANY OTHER PARTY.
THE OWNER OF THIS WEBSITE HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY OR OBLIGATION FOR SOFTWARE AVAILABLE THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OR CLAIM OF INFRINGEMENT UPON THE RIGHTS OF ANY OTHER PARTY, ANY ERRORS, VIRUSES OR FUNCTIONING OF ANY SOFTWARE DOWNLOADED THROUGH THIS SITE, AND ALL OTHER CLAIMS, SUITS, THREATS AND DEMANDS RELATIVE TO ANY SUCH SOFTWARE.
IN THE EVENT THAT YOU CLAIM THAT ANY SOFTWARE AVAILABLE THROUGH THIS WEBSITE INFRINGES UPON ANY [COUNTRY] COPYRIGHT, YOU ARE HEREBY DIRECTED TO THE AREA ON THE WEBSITE THAT CONTAINS NOTICES AND OTHER INFORMATION REGARDING SUCH MATTERS AND THE DIGITAL MILLINIEUN COPYRIGHT ACT.RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE.
No permission is granted to use any documents, graphics, software or any other item included in or available through this web page unless a specific License Agreement accompanies such item. The owner of this website and all vendors assert all copyrights and proprietary rights in and to materials available through this website regardless of whether such materials include a notice of copyright.