User agreement

APPSMAKERSTORE^® ONLINE SUBSCRIPTION – APP OWNER LICENCE AGREEMENT

1. Introduction.

Welcome to Appsmakerstore, thank you for signing-up on our website or for contracting with us. This App Owner Licence Agreement explains out what you can expect from Us, and what we expect from You. By Using or paying for our service and by creating your App on our site you agree that you have read and understand these terms and conditions in respect of our service.

2. Definitions.

This licence agreement (licence) is a legal Agreement between You, being a private individual, partnership or legal commercial entity (the App Owner, You or Your) and Appsmakerstore Ltd. (We, Our, Us) a Company Registered in England registration number 06882541 and whose registered office is at 7 Lorian Close, Woodside Park, London N12 7DW for this Appsmakerstore software product and service (the Software) which includes smartphone, tablet, and computer software, the data supplied with it, printed materials and online or electronic documentation (documentation).

3. Access and Services.

3.1. Your access to the various services available on this system depends on the level of access and subscription plan you select and choose to purchase. You may change or discontinue your account at any time during the term of your chosen plan; if you have signed up for a fixed term plan (EG Monthly / Yearly), any time remaining when you cancel, will not be refunded for any reason.
3.2. We reserve the right to modify, upgrade and improve the service on our system at any time for any reason without notice or refund.

3.3. For your protection and security we reserve the right to require you to change your login identification code and/or password at any time and similarly we reserve the right to require your Users to change their login identification code and/or password at any time, if your App requires log-in details.
3.4. We reserve the right to suspend access and/or delete all program and data files associated with your account and/or other information you have on our system if:-
3.4.1. You breach any of the terms of Your Agreement with Us
3.4.2. If you use the App to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
3.4.3. If You add lude, inappropriate or non-compliant images or content
3.4.4. If You add hateful, racist or content that incites unlawful behaviour

4. Fees and Payment.

4.1. We will charge a monthly or annual subscription fee for using our system as well as additional fees depending on the type of service you have selected. Any additional fees due will be communicated to you in writing in advance of any additional services that you may request from Us being supplied. Your subscription will automatically renew for the subscription term upon each annual or monthly anniversary, you must inform us in writing that You do not wish to renew Your subscription before the end of each subscription term or within 7 days after the renewal anniversary in the case of annual subscription plans. If You fail to advise us to the contrary We will renew your subscription and continue to provide Our service without interruption on a contractual chargeable basis at the cost of your previous subscription; We reserve the right to increase the cost of your subscription plan in which case you will be advised in writing 30 days before the anniversary date for annual subscription plans, or 7 days before the anniversary date in the case of Monthly subscription plans.
4.2. We reserve the right to charge different fees and/or offer and provide different plans according to the country that you reside in or sign up from, at our sole discretion and according to our policy.
4.3. Any published fees may be superseded by a specific written quotation addressed to You by Us at our sole discretion.
4.4. You should review the complete and current published or quoted pricing proposal from Us before signing up or subscribing for any services in conjunction with this Agreement, our Privacy Policy and the End User Licence Agreement.
4.5. All published prices will be updated on our webpage at all time at https://appsmakerstore.com/pricing_plan; we reserve the right not to publish pricing in any country, region or geography at our sole discretion, according to our policy.
4.6. You may be given the opportunity to pay by credit / debit card or PayPal when you sign up on our website or also by Bank Transfer if we issue an invoice addressed directly to You.
4.7. You can cancel your account at any time by advising us in writing, but you will remain liable for all charges accrued up to that time, including full charges for the billing period of your plan, be this monthly or yearly period and no refund will be due on any unused period of your subscription plan. For all apps which are on freeplan more than 6 months all content or the app itself can be deleted without any advance notice to client.
4.8. When you cancel, your App will be downgraded the same day. Appsmakerstore Ltd. Company Number: 06882541 Registered Office: 7 Lorian Close, Woodside Park, London, N12 7DW
4.9. 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 in advance of your billing period end.
4.10. Any default of payment will mean that your app may be deleted or blocked without any future notice and your App will not under any circumstances be transferred to other companies or individuals as a result of this.
4.11. All and any paid fees are non-refundable.
4.12. With any specific contractual agreements with Franchise partners, Reseller partners or other contracted Appsmakerstore partners, all agreements are between the partner and the customer and may refer in full or in part to these additional Terms and Conditions. Appsmakerstore will not take any responsibility for any third party contracts that are agreed outside of this Agreement.
4.13. If an approved Country Franchise or Reseller partner Agreement is terminated for any reason, We will guarantee the App Owner for any subscription period that the App Owner has paid to the Franchisee.
4.14 We reserve the right to terminate this agreement for threatening or sexist behavior to any of our staff with a 30 days notice.

5. 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 the termination of your service.
5.1. You must ensure that authorised Appsmakerstore system Administrators keep their log-in credentials confidential and do not tell others.
5.2. You must not attempt to log in more than once at the same time on any given account without specific permission from Us.
5.3. We may provide Sub-Administrator log-in credentials limited system access according to your subscription plan for selected parts of the system (EG the Shopping Gadget and / or Information Gadget only). It is recommended when making system changes not attempt to log in more than once at the same time on any given account as errors may occur temporarily if the system is given conflicting data or system change instructions for which we accept no responsibility.

6. App Owner Support.

We provide different differing levels of support for our different plans at our sole discretion.
6.1. For DIY Plans, “How do I…?” support can be obtained by You from Our website and Our Support Forums at https://appsmakerstore.zendesk.com/hc/en-us/community/topics here provide self-service support. We do not provide a correspondence based support service for “How Do I…?” enquiries for DIY Plans, but you can upgrade to enlist our App build professional team to refresh your App at any time.
6.2. For paid subscription Appsmakerstore Pro-Build and Reseller Plans “How do I…?” support can be obtained by You from Our website and Our Support Forums at https://appsmakerstore.zendesk.com/hc/en-us/community/topics or by sending a support request to Us at [email protected].
6.3. Technical support or system fault reporting for live paid subscription for DIY, Pro-Build and Reseller Plans can be obtained by You by sending a support request to Us at [email protected].
6.4. We do not provide “How Do I…?” or technical support to You if you have a Free or Trial Plan or a Reseller Trial plan.
6.5. Additional services as App build, graphic design, consultancy, bespoke development projects to make Our solution meet Your individual requirements or other manmade work beside the services that offered at www.appsmakerstore.com may be available; please contact Us via email at [email protected] for an initial estimate. All such services must be purchased in full, or in part at Our sole discretion in advance if agreed and We have the capability and resource availability either directly with our Franchise, Reseller, Affiliate or other sales channels. If any such services are purchases are made indirectly outside Appsmakerstore.com, We will not be responsible for any other service other than our own, although the relevant sales partner offer this as a service to You.

7. Upgrades for Free and Trial users.

7.1. We may offer a Free or time limited Trial plan with limited capabilities according to Our policy and your location, You can upgrade Your service from our website to a paid Subscription plan to access the full range of services pertinent to Your Plan. All payments are non-refundable but you can cancel your subscription at any time as detailed in Clause 4 of these Terms and Conditions above.
7.2. We reserve the right to have regional pricing and terms that will be offered to You when accessing Our website based on geographical identifications. Subject to our policy Our pricing may or may not be published on Our website. Appsmakerstore Ltd. Company Number: 06882541 Registered Office: 7 Lorian Close, Woodside Park, London, N12 7DW.
7.3. We reserve the right to block any Free or time limited Trial plans at any time, at our sole discretion. We also may remove your App totally from our system if You fail to upgrade and purchase a paid subscription plan. This means that any App architecture that you have created or content that you have added may not be available if you do not upgrade to a paid subscription within Trial period and you may have to re-create from scratch again.

8. App name and URL.

8.1. Any paid App Owner can select and secure an App URL name for HTML5 App sharing.
8.2. If You use a Free or Trial plan We can only hold your App name if not taken by someone else until you have upgraded to a paid plan . 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 device.
8.3. If You use a Free or Trial You can only view Your App in Preview tab in the Appsmakerstore dashboard.
8.4. If You have a paid subscription plan You can preview Your App via HTML5 link and using the Appsmakerstore Dashboard request Your App to be published on the App stores as available in your region, and as available in Your Appsmakerstore dashboard.

9. Upload to App Stores outside the Appsmakerstore system.

9.1. Publishing your App on Apple and Google App Stores is subject to Apple and Google’s individual approval of your App design and content and compliance to their individual Terms and Conditions. These Terms and Conditions and Publishing Guidelines are available for Apple App Store at https://developer.apple.com/programs/enroll/ and for Google Play Store at https://support.google.com/googleplay/android-developer/answer/6112435.
9.2. Appsmakerstore may manually check Your App design before You can upload to the selected App Store. The upload itself will also be administered by Appsmakerstore on your behalf. No installation files can be sent.

9.3. We cannot guarantee that your request to publish your App will be successfully approved by the relevant App Store owner and make no assurances of a successful request nor take responsibility for any denied applications. We will provide feedback from the App Store and offer guidance wherever possible but, for the avoidance of doubt, if Your request to publish Your App is refused, for any reason whatsoever, we will not be liable for any refund of any paid subscription plan.
9.4. We will support 1 upload in total to any App Store if you need to change your App for any reason, for example if your design or content fails to comply with the relevant App Store Guidelines.

9.5. We reserve the right to charge an additional fee of $49.00 USD (or local currency approximate equivalent) for each new updated uploaded App Store submission.
9.6. Subsequent to any App downgrade, for example for non-payment may result in your App being blocked in any native App Store.
9.7. It is Your sole responsibility to familiarise Yourself with the applicable terms and conditions of the relevant Apps Store. Noting that their restrictions regarding content with inappropriate text and images, sexual material, gambling or other insulting statements which may result in Your App being rejected.

9.8. You are solely responsible for creating, paying for and maintaining the necessary Development Account with each App Store in which you wish to publish your App, and subject to the availability on our system and geographically.
9.9. 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.
9.10. All Our Apps are hybrid using content from the Appsmakerstore system from the same App, or with a combination for any full native functions added the App meaning they may not be interoperable with any other system, therefore we cannot accommodate any request to migrate or transfer to any other system.

9.11. Upon publishing, Apple and Google native applications may be presented differently in comparison to the design shown in the Appsmakerstore Dashboard emulator, for which we accept no responsibility. If you have questions about your gadget choice and the technology before we upload your App, please contact [email protected].
9.12. In order for You to add 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 at our support forum pages.
9.13. When uploading to any App Store, We will require Your Developer Account information. This is to be uploaded and maintained under the Appsmakerstore publish settings ONLY. You will be notified directly by the relevant App Store when done. We strongly recommend that You must change Your password immediately after We have successfully uploaded Your Appsmakerstore Ltd. Company Number: 06882541 Registered Office: 7 Lorian Close, Woodside Park, London, N12 7DW App to the relevant App store for security reasons; We cannot accept any responsibility for any resultant events or occurrences of any nature if you fail to do so.

10. Intellectual Property, Content and Trademarks.

10.1. You should be sure that all text, images use of logos and any other material uploaded to Your App is suitably authorised, approved, not copyright protected and free from all international and local legal encumbrances.
10.2. All claims as a result of a breach of this clause will your sole responsibility and all correspondence will be forwarded to you at the address on Our system.
10.3. We accept no responsibility in any way for Your App content but upon any breach of this clause We reserve the right to suspend or Block your App or terminate Your service until a final court ruling has taken place or You have removed any disputed content in line with the owners demands.
10.4. All computer code that We use to create your App, in your App, or at our site, remain our property at all times and cannot be edited, sold, given away or copied.
10.5. Your subscription plan, set up or developments fees covers the rent of our system. This also applies to any custom developments, bespoke improvements and functionality added to Our technology platform regardless if they have been paid by you. We do not in any way give You any rights to any source codes used in our system.
10.6. If You should request Us to develop unique gadget for Your use only, We will make this a “hidden gadget” in the Appsmakerstore system for customer use only. This will only be offered with a Statement of Works (SOW) unique to your request and only valid with signed by an Authorised Signatory who has the authority to contract.
10.7. Any infringements, abuse or violations of Our Intellectual Property Rights will be followed up to protect Our interests to the fullest extent permissible in law.

11. Limitation of Liability.

11.1. We not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profit or loss of use) arising from You using our system or their use even if We are negligent.
11.2. Except as provided in paragraph 11.6 below, We shall not be liable to You for any: loss of revenue; loss of or depletion of goodwill; loss of anticipated savings; loss of business opportunity; loss of data or use of data; injury to reputation; or regardless of the form of action, whether in contract, strict liability or tort (including, without limitation, negligence) and regardless of whether We knew or had reason to know of the possibility of the loss, damage or injury in question.
11.3. 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 been advised of the possibility of such damage.
11.4. You shall indemnify, defend and hold Us harmless and Our licensors and suppliers (collectively the “Indemnities”) against:-
11.4.1. any and all costs, charges, claims, damages, liabilities incurred and / or proceedings taken against the Indemnities, including without limitation any outside legal counsel and consultants fees, resulting from illegal conduct and / or violation of rights of any third parties, and;
11.4.2. any damage that may occur through the use of Our services and Our system
11.4.3. any liabilities that we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by the Reseller of any of your obligations under the terms of this Agreement.
11.5. For all other liabilities not referred to elsewhere in these terms the Our liability is limited in damages to the price of Your subscription Plan for the minimum term period, be that monthly or yearly.
11.6. Nothing in these terms restricts or limits the Our liability for death or personal injury resulting from negligence; for fraud or fraudulent misrepresentation; and for any other liability the exclusion or limitation of which is not permitted by law.

12. Indemnity.

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.

13. Disclaimers of Warranty.

Our 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.

14. Acknowledgment.

This Agreement represents the entire understanding between You and Us regarding Our commercial relationship and supersedes any prior statements or representations to which, by using our System and Services, YOU AGREE TO BE BOUND BY THESE TERMS OF THIS ONLINE APP OWNER LICENCE AGREEMENT.
If you do not agree to the terms of the Subscriber Agreement, please contact us at [email protected] and request to have your App deleted from our system.

15. Using 'cookies'.

15.1. The so called 'cookies' may be used while using services or products rendered by the Appsmakerstore service.
15.2. These are pieces of information sent by the server, stored on a user’s computer or device 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.
15.3. '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.
15.4. 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.

16. Acknowledgment.

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. Jurisdiction.

17.1. This license shall be interpreted under the laws of the State of Oslo, Norway. You agree that all controversies pertaining to Our system, services and 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 Appsmakerstore Ltd. Company Number: 06882541 Registered Office: 7 Lorian Close, Woodside Park, London, N12 7DW copyright claims brought by the Licensor and you hereby submit to the jurisdiction of federal court located in the State of Oslo, Norway.
17.2. Our failure to enforce any rights hereunder or its copyright in the system, services and software shall not be construed as amending this agreement or waiving any Our rights herein or under any provision of state or federal law.
17.3. When you start using our system, services and software to create Your App, you automatically accept the terms of this Licence Agreement. Read more about 'Cookies'

18. Licence Terms and Conditions of Use.

18.1. You are granted a non-exclusive licence to use the Our system and services subject to Your compliance with all of the terms and conditions of this Licence Agreement.

18.2. 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.

18.3. You may not distribute copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use Our system, services and software.

18.4. Your App can only be stored in the Appsmakerstore system, in the Appsmakerstore cloud, or published on a selected App store. Any other use is not allowed.

18.5. You do not have any proprietary rights to the system, services, software or codes.

18.6. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.

18.7. Your licence to use Our system, services and software shall be revocable by Us upon written notice to You for any breach.

18.8. This licence shall automatically terminate upon Your violation of any the terms herein or upon Your use of the software beyond the scope of the license provided herein.

18.9. The use by You beyond the scope of this licence shall constitute copyright infringement.

18.10. This licence agreement shall be effective and binding You immediately upon from when You start creating Your App using Our system and services registered to Your e-mail account.

18.11. You accept Our system, services and software on an 'AS IS' and with all faults basis. No representations and warranties are made to You regarding any aspect of the system, services and software.

18.12. We hereby disclaim any and all warranties, express or implied, relative to the system, services and software, including but not limited to any warranty of fitness for a particular purpose or merchantability. We 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, consequential or special damages.

Website & Clickable Licence Notice.

1. All App Owners, Users and all other parties (collectively, You) 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 Appsmakerstore Ltd. (the We, Us, or the Owner of this Website) and 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 ('Licence Agreements'). By 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.

2. 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”.

3. 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.

4. Should You terminate your service with Us, your Apps will completely be removed from all App Store’s and the administrative interface will be blocked. You are not permitted to transfer or attempt to migrate your app outside of the Appsmakerstore environment under any circumstances. All violations will be considered as direct copyright infringement and will result in a legal liability by You.

5. We hereby disclaim any and all warranties with respect to any Software download by accessing this website except for specific warranties that are expressly provided in the terms of the applicable licence agreements. 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 non-infringement upon the rights of any other party.

6. We hereby disclaim 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.

7. In the event that you claim that any software available through this website infringes upon any [country] copyright, you are hereby directed to the Contact Us area on the website that contains notices and other information regarding such matters and in the U.S.A. refers to the Digital Millennium Copyright Act and restricted rights legend for governmental use.

8. No permission is granted by Us to use any documents, graphics, software or any other item included in or available through this web page unless in conjunction with a specific Licence Agreement. 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.