Welcome, App Press User:
We at App Press believe that everyone – from individuals, entrepreneurs, and small businesses to even the largest of national and international companies – should be able to reach out to the millions who populate the Apple and Android mobile communities through the creation and sharing of an individualized app. Be it a cooking manual, fashion magazine, photo app, or even a travel guide to small town USA, we provide a tool that allows you to create your app without the expertise, time and expense necessary to write the code needed to develop a functioning mobile application.
Terms of Service:
The following terms and conditions govern all use of the App Press Platform. For purposes of these Terms of Service (“TOS”), the “App Press Platform” is defined to include (i) the App Server Environment, (ii) the App Development Environment, (iii) the App Press Previewer (which may be downloaded from the App Store), and (iv) any App created or developed using these other three aspects of the App Press Platform. As used herein, the App Press Platform is defined to include these four parts as well as all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials. The App Press Platform is owned and operated by App Press LLC. The App Press Platform is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by App Press (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the App Press Platform. By accessing or using any part of the App Press Platform, you agree to become bound by the terms and conditions of these TOS. If you do not agree to all the terms and conditions in these TOS, then you may not access or use the App Press Platform or any other App Press services.
- Your App Press Account. Each user of the Website is required to create and maintain an account with App Press. In creating such an account and agreeing to these TOS, the user agrees that each such user account may only be used by the individual person who created and maintains the account, and any additional users (even if associated with the original individual who created a user account) must create their own account(s) to access and utilize the App Press Platform.
Your App Press user account will be available to you online, through most major web browsers; however, access to the user account will only be provided to users who maintain an active account under the terms of these TOS, and App Press reserves the right to freeze or deny access to any account that it believes in its sole discretion is not maintained in accordance with these TOS. You are responsible for maintaining the security of your login information to your App Press account and agree to not provide this information to any unauthorized users. You agree to immediately notify App Press of any unauthorized uses of your account, the App Press Platform or any other breaches of security. App Press will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. To the extent that you cancel your account with App Press, all content on any app(s) maintained by App Press on its servers in conjunction with your account will be deleted by App Press.
- Responsibility of Users/Contributors. If you make (or allow any third party to make) material available by means of the App Press Development Environment or an app created and/or published through the App Press Development Environment (all such material to be hereinafter referenced to as “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content, regardless of whether the Content in question constitutes text, graphics, pictures, images, data files, photographs, links, designs, an audio or video file, or any other like materials to be used in an app. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer App Press Development Environment, hardware or telecommunications equipment;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- your app is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; and
- your app is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your app’s URL or name is not the name of a person other than yourself or company other than your own;
- your use of the App Press Development Environment does not disrupt, interfere with, or inhibit any other User from using and enjoying the App Press Platform; and
- your use of the App Press Development Environment does not intentionally or unintentionally engage in any activity prohibited by the TOS.
- License Grant: Subject to your agreement and compliance with the terms and conditions of this TOS, App Press grants to each user who creates and maintains a separate account a limited, personal, non-exclusive, non-transferable and revocable license (without the right to sublicense) to use, access, display and run the App Development Environment on any computer or device that you own or that is under your control for your personal or internal business use. For the avoidance of doubt, the foregoing license may not be shared or used concurrently to allow anyone other than the individual who created and maintains the user account to access, display, run, and/or use the App Development Environment.
The use of the App Press Platform without the payment of the applicable license fee is outside the scope of the foregoing license and a violation of these TOS and United States (“U.S.”) and international copyright laws.
- Payment and Renewal.
- General Terms.
App Press offers several service plans and payment options to allow each user to be assigned a service plan that best fits that user’s specific needs. By agreeing to a specific service plan, you agree to pay App Press the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a service plan and will cover the use of that service for a monthly or annual subscription period as indicated.
- Refund/Cancellation Policy
Subscription fees are non-refundable and will not be refunded in a pro-rated manner even for the cancellation of an annual service plan.
- Automatic Renewal. Unless you notify App Press before the end of the applicable subscription period that you want to cancel a service plan, your service plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service plan as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service plans can be canceled at any time by contacting App Press.
- Fees; Payment. By signing up for an account and service plan with App Press you agree to pay App Press the setup fees and monthly hosting fees. Applicable fees will be invoiced starting from the day your account and service plan are established and in advance of using such services. App Press reserves the right to change the payment terms and fees upon seven (7) days prior written notice to you. Service plans can be canceled by you at anytime by contacting App Press.
- Account Upgrade. After you publish your app or apps you can only upgrade your account and may not downgrade your account to a lower service plan.
- Excess Bandwith Fee. To the extent that you exceed the volume of bandwidth allotted to your user account under your service plan in any given month, a excess bandwidth fee of $5.00 per gigabyte in excess of your bandwidth allotment will be automatically and immediately charged to your account using the form of payment you have on record with App Press. This excess bandwidth fee will not be prorated in proportion to the percentage of additional gigabyte(s) utilized by you (e.g., if you use 1-1000 MB more than your allotted monthly bandwidth, you will be charge an excess bandwidth fee of $5.00; however, if you use 1,001 MB, you will be charged an excess bandwidth fee of $10.00).
- Restricted Use. You may not use the App Press Platform or App Press Development Environment to substantially replicate App Press Platforms or services offered by App Press, including the republication of App Press content or the creation of a separate App Press Development Environment or content management tool substantially similar to the App Press Development Environment. If App Press determines or believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the App Press Platform may be temporarily or permanently revoked, with or without notice.
- Past Due Accounts. To the extent that any account becomes past due or the form of payment maintained on behalf of that account is denied when charged for subscription or other fees that become due, App Press will notify you that your account is past due and will then attempt, fifteen days later, to again process payment for amounts due on your account using the form of payment maintained on file for your account. To the extent that your account is past due for thirty or more days, that account will be frozen and inaccessible until payment of all past due amounts is received by App Press. To be clear as to the effect and consequence of such account freezing, the app(s), including content, associated with any given App Press user account are hosted and maintained solely through the App Press Platform, and the freezing of an App Press user account will make any apps created on that account, including their content, inaccessible both to the user and any individual who downloads or otherwise attempts to access or use apps, including, associated with the frozen account. To the extent that an App Press user account remains past due for more than ninety (90) consecutive days, the parties hereto understand and agree that App Press may, in its sole discretion and without notice to the user who created or maintains the account, cancel the account and delete any information, including apps or app content, maintained by App Press in association with that user account. Any such cancellation and/or deletion of information or content maintained by App Press will in no manner constitute a waiver of App Press’s right to all past due amounts, which amounts will remain due to App Press and owed by the user.
- Proprietary Rights: App Press owns all right, title and interest in and to the App Press Platform including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this TOS shall be construed to transfer, convey, impair or otherwise adversely affect App Press’s ownership or proprietary rights therein or any other App Press information or materials, tangible or intangible, in any form and in any medium. App Press, app-press.com, and the App Press logo, and all other trademarks, service marks, graphics and logos used in connection with the App Press Platform, are trademarks or registered trademarks of App Press or App Press’s licensors. Other trademarks, service marks, graphics and logos used in connection with the App Press Platform may be the trademarks of other third parties. Your use of the App Press Platform grants you no right or license to reproduce or otherwise use any App Press or third-party trademarks.
- Content Posted on Other Websites and Apps. App Press has not reviewed, and cannot review, all of the material, including computer App Press Development Environment, made available through the websites, webpages and apps to which www.app-press.com link, and that link to www.app-press.com. App Press does not have any control over those non-App Press websites, webpages and apps, and is not responsible for their contents or their use. By linking to a non-App Press website, webpage or app, App Press does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content that might exist on those websites, webpages and/or apps. App Press disclaims any responsibility for any harm resulting from your use of non-App Press websites, webpages and apps.
- Changes. App Press reserves the right, at its sole discretion, to modify or replace any part of these TOS. It is your responsibility to check these TOS periodically for changes. Your continued use of or access to the App Press Platform following the posting of any changes to these TOS constitutes acceptance of those changes. App Press may also, in the future, offer new services and/or features through the App Press website or in conjunction with the App Press Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these TOS.
- Data Collection and Use. You hereby agree that App Press, its parent, subsidiaries, affiliates, and their respective successors and assigns, may collect and use certain technical information associated with your use of the App Press Development Environment, including, without limitation, any information provided in connection with any support or technical services for the App Press Development Environment.
- Modification of App Press Development Environment. App Press may at any time and from time to time modify or discontinue, temporarily or permanently, the App Press Platform or App Press Development Environment, or any portion thereof, with or without notice. As part of the App Press Platform, you may from time to time receive updates to the App Press Development Environment from App Press which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the App Press Development Environment. You agree that App Press may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. You agree that App Press shall not be liable to you or any third party for any such update, modification, suspension or discontinuance of the App Press Platform or App Press Development Environment.
- Termination. App Press has the right to terminate this license and your right to use the App Press Development Environment at any time for any reason, including in the event App Press reasonably believes you have failed to comply with any term or condition of these TOS. If this license or your right to use the App Press Development Environment terminates for any reason, you must stop all use of the App Press Development Environment and either return to App Press or destroy the App Press Development Environment and all copies of the App Press Development Environment that are in your possession or under your control. App Press may ask you to certify your compliance with the foregoing in writing, and you agree to do so if App Press makes such a request.
- Disclaimer of Warranties. THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE APP PRESS DEVELOPMENT ENVIRONMENT OR THESE TOS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP PRESS DEVELOPMENT ENVIRONMENT AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE APP PRESS DEVELOPMENT ENVIRONMENT IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND APP PRESS DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE APP PRESS DEVELOPMENT ENVIRONMENT SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE APP PRESS PLATFORM OR APP PRESS DEVELOPMENT ENVIRONMENT SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE APP PRESS PLATFORM AND/OR APP PRESS DEVELOPMENT ENVIRONMENT.
- Limitations on Liability. IN NO EVENT SHALL APP PRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF APP PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE APP PRESS PLATFORM, APP PRESS DEVELOPMENT ENVIRONMENT OR ANY OTHER APP PRESS SERVICES. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE APP PRESS’S LIABILITY FOR INTENTIONAL MISCONDUCT OF APP PRESS OR ITS EMPLOYEES.
APP PRESS’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AGGREGATE AND ACTUAL AMOUNT PAID BY YOU FOR UP TO THREE MONTHS OF SUBSCRIPTION TO THE APP PRESS PLATFORM AND/OR APP PRESS DEVELOPMENT ENVIRONMENT, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF APP PRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 12 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
- General Representation and Warranty. You represent and warrant that (i) your use of the App Press Platform and App Press Development Environment will be in strict accordance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the App Press Platform and App Press Development Environment will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to defend App Press, its parents, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “App Press Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the App Press Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of these TOS, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, the breach or violation of any term or condition of these TOS, any use, alteration or export of the App Press Platform or App Press Development Environment or otherwise in connection with these TOS. App Press reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
- Export Restrictions. App Press may be subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license our App Press Platform or App Press Development Environment. By accepting this License, you warrant and represent to App Press that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re-export the App Press Platform or App Press Development Environment to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.
- Governing Law and Dispute Resolution. All matters relating to these TOS and your access to, or use of, the App Press Platform or App Press Development Environment shall be governed by the Laws of the State of Indiana, United States of America without regard to conflict of laws principles thereof. You agree that any claim or dispute you may have against App Press, including any claim or dispute relating to these TOS, to the App Press Platform, or to the App Press Development Environment, must be resolved by a State or Federal court located in Marion County, Indiana, United States of America. You agree to submit to the personal jurisdiction of the courts located in Marion County, Indiana, United States of America for the purpose of litigating any such claims or disputes or any claims or disputes that App Press may have against you. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
Notwithstanding the foregoing, in the event of your or others’ unauthorized access to, or use of, the App Press Development Environment in violation of these TOS, you agree that App Press shall be entitled to apply for injunctive relief in any jurisdiction at App Press’s sole discretion.
- General Terms. No amendment, modification, waiver or discharge of any provision of these TOS shall be valid unless made in writing and signed by an authorized representative of App Press. No failure or delay by App Press to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by App Press. These TOS constitute the entire agreement between App Press and you with respect to your access to or use of the App Press Platform and/or App Press Development Environment and supersede any prior agreements between you and App Press on such subject matter. You may not assign or otherwise transfer these TOS, or any right granted hereunder, without App Press’s written consent. App Press’s rights under these TOS are freely transferable by App Press. If any provision of these TOS is held to be illegal, invalid or unenforceable, the remaining provisions of these TOS shall be unimpaired and remain in full force and effect. These TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.