Terms of Service
Last updated: April 01, 2018
Welcome to AppyBuilder's website (the "Site") http://AppyBuilder.com and its platforms (such as http://gold.AppyBuilder.com\, collectively referred to as "Services". The Services runs on Google's App Engine service. You must read and agree to these Terms of Service and Privacy Policy (collectively, the "Terms") prior to using any portion of this Services. These Terms are an agreement between you and AppyBuilder. If you do not understand or do not agree to be bound by these Terms, please immediately exit and contact us at http://info@AppyBuilder.com.
AppyBuiler reserves the right to modify these Terms at any time and will publish notice of any such modifications online on this page for a reasonable period of time following such modifications, and by changing the effective date of these Terms. By continuing to access the Site after notice of such changes have been posted, you signify your agreement to be bound by them. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
In order to log in to AppyBuilder, you need to use a Google account. Your use of that account is subject to Google's Terms of Service for accounts, and the information you provide to Google is governed by Google's Privacy Policy. AppyBuilder has no access to your Google account or the information you provide for it other than the account email address, which we may use to contact you. In the future, we may provide alternative means for using AppyBuilder without Google accounts, at which point we will update these terms of use to reflect those alternatives.
Beyond the name of your Google account, you do not have to tell us anything about yourself to download the AppyBuilder setup software or use the AppyBuilder Web site.
By creating and storing apps on the AppyBuilder server you represent and warrant that you are the owner and creator of the apps, ( i) that you have the authority to authorize AppyBuilder to store the apps on the AppyBuilder Server and (ii) you will use the apps in compliance with all applicable laws and regulations. You, and not AppyBuilder, are solely responsible for your apps and your use of them.
AppyBuilder has no proprietary rights in the apps you create with AppyBuilder. These apps belong to you. Your apps are stored on the AppyBuilder server. You have the right to download your apps and delete them from the server at any time. If you delete an app, there is the possibility that AppyBuilder may be able to continue to access it from the backups we keep for purposes of system maintenance, but these backups are periodically purged and are not designed for long-term preservation. AppyBuilder will strive to keep your apps and your account accessible to you for as long as you wish, but we have no obligation to do so, and AppyBuilder has no liability for the consequences of the service becoming unavailable or your apps becoming unavailable. We therefore strongly suggest that you maintain backup copies of valuable apps at places besides the AppyBuilder server.
AppyBuilder may collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom) (“Services Analytics Data”), and AppyBuilder will be free (during and after the term hereof) to (i) use such information and data for any purpose, including to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other AppyBuilder offerings, (ii) conduct industry research and publish insights and reports, and (iii) disclose such data solely in aggregate or other de-identified form in connection with its business.
In addition, AppyBuilder may collect and analyze anonymized, de-identified information relating to use of Your App by your users (“Customer Analytics Data”), in order to improve its products and services and for other reasonable internal business purposes and aggregate such anonymized, de-identified information with anonymized, de-identified information of its other users for purposes of creating and distributing case studies industry reports and for conducting research and development efforts in connection with and improving its products and services; provided that, the information does not, and could not reasonably be used to, relate back to or identify you or your user. You hereby grant us the right to: (i) add analytics plug-ins of our third party analytics service providers in Your App to allow them to collect Customer Analytics Data on behalf of AppyBuilder, and (ii) collect Customer Analytics Data as provided herein. You agree that your privacy policy will (a) clearly indicate that you use third party services providers, like and including, AppyBuilder, in order to make Your App(s) available, and that such third party services providers will have access to and will use such customer information in order to improve Services, and (b) clearly indicate that certain of your third party partners, like and including AppyBuilder, will have access to and will use your customer information on an aggregate and anonymized basis, for industry analysis, demographic profiling, and other purposes.
As between you and AppyBuilder, you agree that AppyBuilder owns all right, title and interest in and to the Services Analytics Data and Customer Analytics Data collected by or on behalf of AppyBuilder.
We respect copyright law and expects our users to do the same. It is AppyBuilder's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
AppyBuilder is free for all users to use. However, we reserve the right to change the amount or the basis of determining, any charges or fees and to institute new charges or fees. If decision is made to do so, we will provide notice in AppyBuilder forum community HERE at least 14 days before charging any fees.
Note: If Monetization components are used, AppyBuilder takes a 5% commission from the monetization revenue.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, EACH OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis or that any or all errors will be corrected. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any Content.
AppyBuilder SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY (INCLUDING ANY OF YOUR USER CONTENT) OR DAMAGE TO ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM YOUR USE OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY THE LAW, NEITHER AppyBuilder NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA (INCLUDING WITHOUT LIMITATION, YOUR USER CONTENT OR YOUR APP) OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, THE TOOLS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AppyBuilder HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL AppyBuilder's TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO AppyBuilder FOR USE OF THE SERVICES, TOOLS OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO AppyBuilder, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AppyBuilder AND YOU.
You agree to defend, hold harmless and indemnify AppyBuilder, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AppyBuilder will provide you with written notice of such claim, suit or action.
This Agreement constitutes the entire agreement between you and AppyBuilder with respect to your use of the Site, superseding any prior agreements between you and AppyBuilder regarding your use of the Site.