Appspotr AB (“Appspotr”, “we” or “us”) believes that creating and managing mobile and/or web applications should be easy, fun and possible for everyone. We have therefore created a platform that enables clients (“Appspotr Clients”) to create and manage various mobile and/or web applications (“App” or “Apps”) as well as related support and hosting services. Appspotr Clients may, in turn, make the Apps available to their users (“End Users”) for use.
Through our platform and via our website www.appspotr.com (the “Site”) and our applications, we offer various services to you (“you”or the “User”) which are available through your mobile device, and/or online via the Site (collectively, the “Service” or “Services”).
The Services enable you to create and manage Apps and make them available to End Users. However, your use of the Services is conditioned on your agreement to adhere to the following Terms of Service, as stated below and you should therefore read and understand these Terms of Service before getting started.
Your use of the Service, your download of an App, your registration of an Account or your use of the Site will constitute your acceptance to adhere to these Terms of Service. As the technical and legal world in which we act may vary from time to time, we may have to make changes to these Terms of Service accordingly. These Terms of Service may therefore be subject to change at any time, and without prior notice. As you are responsible for reviewing these Terms of Service, and also your continued acceptance thereof, we strongly recommend that you review these Terms of Service on a regular basis. Updated versions will be visible on the Site.
These Terms of Service will apply to all visitors to the Site and all who access our Services. You understand that your violation of any of the provisions stated herein may result in the termination of your Account. You also understand and accept to use the Service at your own risk subject to the provisions stated herein.
1. GETTING STARTED
In connection with your use of the Service, and thereby your acceptance of these Terms of Service, you agree and represent as follows:
- You are a human being of legal age (at least 13 years of age) and otherwise capable of forming a legally binding contract. Accounts registered by “bots” or similar automated methods are not allowed and will be deleted;
- In order for us to communicate with you, you agree to be contacted via email, SMS, text messaging, push notifications by phone by us, and third parties if relevant, regarding our Services;
- You hereby grant us permission to send email to you or display your profile and such other information as may be supplied by you for public display as you designate;
- You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in these Terms of Service;
- You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation;
- At the moment, and if not agreed otherwise, Appspotr will use the Appspotr Client’s registered account with each Provider to publish the App, and the Appspotr Client will be the solely responsible for App towards such mobile platform provider including, but not limited to, the Apple Inc. (“Apple”) App Store™, Android Market™. Mobile platform providers are referred to in this document as “Providers”. However, we reserve the right to publish the App under our accounts with the different Providers.
- You may, from time to time, through your Account be able to self-publish Apps at your own account/accounts with such Providers as stated above. You will thereby be the sole publisher of the App, in which case additional fees, as well as separate terms and conditions between you and the Provider, may apply. You agree to act in full conformity with the terms and conditions between you and the Provider in relation to your publication of Apps. In order to self-publish Apps at your account with the relevant Provider, using the Services, you will have to provide us with full access to your Provider account by providing us with your account login details (for example email address and password). We will not use any login details for any other purpose than providing you with the possibility to self-publish Apps at the Provider directly through the Services.
- You are solely responsible for all text, data, graphics, images, photos and video files posted on the Site or via the Service (“User Content”) and any activity that occurs under your Account.
2. CHARGES AND TERMS OF PAYMENT
Creating an Account is free of charge. However, building, previewing and publishing an App within your Account will be charged by us unless you are under a free trial period (as applicable if communicated prior registration). We offer different plans, (at the moment Basic and Advanced) that enables different features to the App. The applicable fee for your selected plan (the “Plan”) and a specification of the features included in the Plan is specified in the Service under the topic “Pricing” from time to time. The Plan is applicable for one (1) App. There might be other fees and costs (such as additional costs from various App Stores) in relation to the provision of the App and other features, such as third party-modules (e.g. such modules provided in the Appspotr Marketplace). The subscription fee of the Plan does not include such additional costs unless expressly stated when the Plan is selected. Additional costs may occur as stated when purchasing certain modules in the Appspotr Marketplace. Additionally, we might have to charge an extra fee in case your App causes abnormal data usage. You will be noticed about such extra fee before it comes into effect.
We reserve the right to change and update these payment Plans and will inform our Users of such changes.
You will be charged for the Plan in accordance with the following terms and conditions.
By clicking the “Pay & Publish”-button in respect of the relevant Plan, you enter into a legally binding order of such Plan and you will automatically be signed up for continuing subscription of the Plan. You end the subscription for the specific App by clicking on the “Cancel Subscription”-button under your Account.
You may pay for your chosen Plan on monthly or yearly basis. If you choose to pay on a monthly basis you will pay for one month at a time in advance. If you choose to pay yearly you will pay for twelve months in advance. The payment covers the following month (if you subscribe on monthly basis) or the following twelve months . After clicking on the“Pay & Publish”-button you will receive a separate order confirmation by email.
At the moment, we accept VISA/Mastercard/American Express and PayPal as acceptable methods of payment when subscribing for the Plan. All transactions are made through stripe.com, an exclusive payment provider or PayPal. You are solely responsible for complying with all rules, policies and procedures of stripe.com, PayPal, or any other exclusive payment provider referred to from time to time by us. The subscription fee will automatically be deducted from your valid credit card or PayPal-account on due date, which is the last date of each calendar month in advance (if you subscribe on monthly basis) or the last date of the calendar month of subscription (if you subscribe on yearly basis). Payments are non-refundable. You are solely responsible to pay the fee on the due date. We do not take any responsibility for failure of any exclusive payment provider to transmit your payment. Interest on overdue payment will accrue according to the Swedish Interest Act (1975:635).
If you do not pay in time or cancel your subscription, the App will be provided and you will have access to the features in accordance with the Plan during the period paid for in advanced. Thereafter, the App will be put on hold and you will not have access to the App until the subscription is paid.
All updated fees are (unless otherwise separately and expressly agreed) visible to the Appspotr Client on the Site and in the Service under the topic “Pricing” excluding all taxes, levies, or duties imposed by taxing authorities, such as VAT. The Appspotr Client is solely responsible to pay any and all taxes, levies, or duties imposed by taxing authorities, such as VAT as applicable for the Appspotr Client.
Appspotr will use reasonable efforts to have the App approved by the applicable Provider. Although we believe there is a high likelihood of approval, we are not able, and therefore cannot guarantee, such acceptance by the relevant Provider. However, there will be no refunds even if the applicable Provider denies the App.
Prices for the Plan are subject to change at any time. However, prices for the Plan already subscribed for by you are not subject to change during the relevant subscription period. If you pay for the Plan on a monthly basis, changes in the pricing may be made after the subscription period of the Plan has ended. The applicable price for the Plan will be visible on the Site and in the Service under the topic “Pricing”.
3. RESPONSIBILITY FOR TRANSMITTED MATERIAL
We respect the rights of third party creators and content owners and expect that our Appspotr Clients will do the same. Given the nature of the Service and the volume of information submitted, we are not able to, and do not, monitor all of the Materials (User Content and other material posted or transmitted via the Service) posted or transmitted by you and other third-party information providers via the Service. You therefore expressly agree that we:
- will not be liable for Materials transmitted by you or third parties;
- will not be liable for the provision, maintenance or update of Materials transmitted by you or third parties; and
- reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without prior notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms of Service or our Acceptable Use Policy below.
We respect the right of others. If you suspect the right of others, or yourself, are infringed, contact us on firstname.lastname@example.org. It is a policy of ours to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions required under applicable intellectual property laws.
Notifications of claimed copyright infringement should immediately be sent to us on the following address:
Attention: Patric Bottne
Phone: +46 70-146 61 89
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the Material in the manner complained is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. ACCEPTABLE USE POLICY
Be responsible for your own actions. Don´t do anything stupid, bad or anything you might regret and you will be fine. We believe our Appspotr Clients to be responsible and respectful of the right of others. Therefore, we also expect that our Appspotr Clients will not take part or execute any of the following activities. The following is a partial list of the kinds of activities that are prohibited on or through the Service and you accept your adherence to these prohibitions:
- submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- engaging in activities or submitting Materials that could be harmful to minors;
- engaging in activity or submitting Materials that harasses or advocates harassment of another person;
- engaging in activities that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Appspotr Clients, including names, phone numbers, addresses, email addresses, (collectively, “User Data”) without their consent;
- engaging in activities, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- submitting Materials that contain restricted or password only access pages, or hidden pages or images;
- submitting Materials that displays pornographic or sexually explicit material of any kind;
- submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware;
- engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users;
- engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes;
- using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent;
- using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
- decompiling, reverse engineering, or disassembling the software or attempting to do so; or
- taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its licensors or suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service.
Additionally, if you are an Appspotr Client, you undertake to, during the entire term of the agreement and for two year after termination of the agreement, refrain from engaging in any competitive business with Appspotr or from providing services or products equivalent to the Service.
5. INTELLECTUAL PROPERTY RIGHTS
The Services enables you to create and manage your own App. What it means is that you basically tell the Services (in this case us as we own the Services) what to build, how to build it, and when to make it available to End Users. However, it does not mean that you are the owner of the final result of the created App; this is the sole property of Appspotr.
The only right that you retain are the rights to the User Content that you post on the Service. All other Materials, on the Site and the Service, including their “look and feel”, including but not limited to the Appspotr trademark, our copyright and knowhow are our proprietary rights. These rights are protected by law and will not be transferred to you, in any way, by your use of the Services or you entering into these Terms of Service.
What the above means is also that Appspotr is the sole owner of all source code related to the Service and the App. You therefore may not duplicate or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written consent from us. You further may not modify, reconstruct, decompile or develop the Site or the Service and you undertake to refrain from circumventing any of the technical limitations of the Service.
6. MOBILE APPS
Our Mobile Application
Through the Services you will create Apps that access the data from our Service via a mobile device. To use the Apps you must have a mobile device that is compatible with our Service. Compatible devices are: iOS devices running iOS8 or newer or most Android devices running version 4.2.2 or above (however, due to Android’s nature, we cannot guarantee that an App will function on all Android units).
You own the App but we own the source code. You agree to let use the App in order to provide the Service, and we agree to allow you to use the source code - both in accordance with these Terms of Service. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of each App, created through the Service, for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not, however:
- modify, disassemble, decompile or reverse engineer the App;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party;
- make any copies of the App;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or
- delete the copyright and other proprietary rights notices on the App.
You acknowledge that we may from time to time issue upgraded versions of the Apps created in the Service, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You give your consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. In case you do not update the App after updates are released, the App may not function as intended or not at all, why you are solely responsible to update the App once updates are released and we cannot be held liable or responsible in case of malfunctioning as a result of you not updating the App or not granting us access to your account during updates.
You also acknowledge that we may, from time to time, need to upgrade the Service and/or host the Service from another platform and that the Appspotr Client is solely responsible for making sure that the Apps created by the Appspotr Client meets the requirements that is a result of such upgrades and that such Apps are transferred to the new platform. This also includes app-projects (non-published apps). Appspotr might support this transfer of existing apps to a price set depending on the complexity of the app. If the Apps are not transferred to the new platform they might be deleted at the, by us, communicated final transfer date. We cannot be held liable for any loss or damage caused by such deletion.
For the sake of clarity the foregoing license grant is not a sale of the App itself or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App).
Mobile Apps from iTunes
The following also applies to any App you acquire from us from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms of Service are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
7. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION
As we, probably (and sadly), will never meet you in person we hope that you understand and accept that we need you to guarantee and warrant certain things that are very important in order for us to feel confident that we offer the Services to responsible and respectful Users.
When accepting these Term of Service you hereby represent and warrant that:
- you have all necessary authority, rights and permissions to submit the Materials described in these Terms of Service;
- the Materials are accurate, current and complete;
- the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third parties, including, without limitation, any rights of privacy or publicity or any contractual rights;
- the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; and
- your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold us, and our officers, directors, employees, agents, and contractors and suppliers harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to:
- the Materials you provide or approve for publication;
- your use of the Service;
- your breach of these Terms of Service; or
- any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
8. DISCLAIMERS AND LIMITATIONS
From time to time, we may issue an update to the Service, which may add, modify, and/or remove features from the Service. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
We do our best to provide you with a well-functioning Service. However, we cannot take responsibility if the Service does not live up to your expectations. You use the Services at your own risk, and even if we would be happy to guarantee the constant functioning of it, we are not able to do so. Additionally, we do not support errors supplied in modules or services provided by third parties.The Service and the information, software, products and services associated with it are provided “as is”. We and/or our suppliers, licensors, partners and affiliates disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Service and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for at particular purpose, title and non infringement. Use of our Service is at your own risk. We and/or our suppliers are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in connection with the use of our Service, or with the delay or inability to use the Services. We and/or our suppliers are not liable for any information, software, products and services obtained through us, or otherwise arising out of the use of the Service, whether resulting, in whole or in part, from breach of contract, tortious behaviour, negligence, strict liability or otherwise. We and/or our suppliers are not responsible if the publishing process take time or is delayed from any of the App Stores. Also, if such a delay affects your business, we and/or our suppliers are not to be held liable.
The Appspotr Client publish their Apps as their own created Apps and we bare no responsibility for such publishing and merely act as a service provider towards the Users under these Terms of Service, whereas the Appspotr Client is responsible towards the End User. The Appspotr Clients are solely responsible for ensuring that the Apps maintain a qualitative standard, are relevant and up to date and conform with applicable law. Also, the Appspotr Client ensures that the content within the app as well as the use of third party modules aligns with current Data Protection Legislation. The Appspotr Clients are also solely responsible for storing correct data of their End Users and that such usage aligns with current Data Protection Legislation.
Limitation of liability
In no event shall we or our suppliers or licensors be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence, arising out of or in connection with these Terms of Service or your use of the Services. Our liability, and the liability of our suppliers, licensors and affiliates, to you or any third parties in any circumstance, shall not exceed a total sum of ten thousand (10 000) SEK.
Errors and delay
Even though we do our best we do not take responsibility for any errors or delays or other technical problems beyond our reasonable control.
As unknown events may occur we are relieved from liability to perform an obligation under these Terms of Service, if such failure is due to a non-temporary circumstance outside of our control, included but not limited to, acts of god, acts or omissions of authorities, conflicts of the labour market, flood, fire, destruction of property or data of minor significance, if the circumstance prevents or makes the performance of the obligation substantially more difficult. If such circumstance occurs and is expected to last for at least thirty (30) days, we may terminate the Service immediately.
Termination and Cancellation
Even if we hope you find our Services useful and that you stay with us for a long time, you may cancel your Account at any time and you are solely responsible for doing so. You may cancel your Account through your profile setting page. Cancellations by phone or sent to any other email address will not be considered valid. At cancellation, all of your User Content will be removed from the Service as well as any Apps published through the Service. This information cannot be recovered once your Account is cancelled.
We hope we do not have to do so, but we reserve the right in our sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights or another User or the law.
We hope you will continue to stay in contact with us, but you may unsubscribe from any further communication from us at any time by delivering a written notice addressed to email@example.com. You shall be responsible for ensuring delivery of the notice to us.
We reserve the right with or without notice to you at any time to change, modify or discontinue any Service or a portion or attribute thereof, or the offering of any information, good, content, product, service or feature. We shall have no liability to any user or any third party should we modify or discontinue any Service or an aspect thereof.
These Terms of Service shall be construed and governed by and in accordance with the laws of Sweden. Any claim or dispute between you and us that arises in whole or in part from the Service or these Terms of Service shall be subject to good faith attempts to settlement and ultimately said claims or disputes are to be settled by the public courts of, Sweden. The district court of Gothenburg shall be the first instance.
These Terms of Service may not be transferred or assigned by you to any other party without our written consent. We may however, assign these Terms of Service without prior approval or restrictions.
If you can’t accept the terms, unfortunately, you may not use our Service. Now, after you have read and understood these Terms of Service we welcome you to use and enjoy the Services provided by us, for you. However, if you do not agree to the terms stated above or to any future changes made in these Terms of Service we suggest firstly that you read the terms again and secondly, if your opinion has not changed (and how sad it might be), to exit the Site and discontinue any use of the Service.