Terms of use

By using or uploading any information, data, code or other input (your “Content‘) to the our app maker web site (“Service“) you (“you”, “your” or “User”) are agreeing to be bound by the following terms and conditions (“Terms of Use“). IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE. App maker company reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account without notice. While app maker service prohibits such conduct and Content on the Service, you understand and agree that app maker service cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms:

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the confidentiality and security of your account and password. App maker service cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payments and Refund Terms:

  1. A valid credit card might be required.
  2. The Service is non-refundable. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  4. App maker service will do whatever possible to get Apple to approve your application, we do not and cannot guarantee acceptance. If Apple denies your application you may cancel your account, however there are no refunds under any circumstances.

Payment for Services:

  1. Certain aspects of the Service may be provided for a fee or other charge. If you use the paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges.
  2. In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide app maker service with notice of your intent not to renew your subscription at least five (5) days prior to the end of the then-current subscription term.
  3. If your use of the Service exceeds the specified maximum number of native app downloads or mobile website visits for your current subscription level, we will notify you by e-mail and you will be automatically upgraded to the next subscription level. If you continue to subscribe to the Service, then you will keep the same subscription level until you cancel the Service or are upgraded again (if applicable). In particular:
    • If you have a monthly plan, and your use of the Service exceeds the specified maximum number of native app downloads or mobile website visits in your current monthly plan, by the end of the current month you will be automatically upgraded to the next higher available monthly plan.
    • If you are on an annual plan, and your use of the Service exceeds the specified maximum number of native app downloads or mobile web-site visits in your current annual plan, you will automatically and immediately be upgraded to the next higher available annual plan.
  4. You are responsible for any additional payments required for an upgraded subscription level [on a retroactive basis to the beginning of your current billing cycle]. By way of example, if you have selected and are using the Basic monthly Service, and before the end of a month your use of the Service exceeds the maximum number of native app downloads, then before the end of that month, you will be automatically upgraded to the Business Service and charged the applicable fees for that current month.

Cancellation and Termination:

  1. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  2. App maker service, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other App maker service service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
  3. App maker service reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices:

  1. App maker service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice.
  3. App maker service shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. From time to time, app maker service may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although App maker service will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

Copyright and Content Ownership:

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using App maker service to create your iPhone Application, you agree to allow others to view and share your Content.
  2. App maker service does not pre-screen Content, but App maker service and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright App maker service, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from App maker service.
  4. By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.
  5. You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Service and/or App maker service application.
  6. App maker service respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide App maker service’s Copyright Agent at [physical address] or [email address] with the following information:
    1. a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
    2. a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;
    3. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;
    4. a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owner’s behalf; and your electronic or physical signature, name, physical address, telephone number and email address.

General Conditions:

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  2. You understand that App maker service uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any other App maker service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by App maker service.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any App maker servicecustomer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
    1. Transmissions over various networks; and
    2. Changes to conform and adapt to technical requirements of connecting networks or devices.
  8. By using the Service, you expressly consent to us building your app on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.
  9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. App maker service disclaims any express or implied warranties and does not warrant that:
    1. The Service will meet your specific requirements
    2. The Service will be uninterrupted, timely, secure, or error-free
    3. The results that may be obtained from the use of the Service will be accurate or reliable
    4. The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
    5. Any errors in the Service will be corrected.