Terms of last use updated on 22nd November 2021
The person or entity placing an order for or accessing the Service (“hereinafter referred to as the “Reseller”, you & your”).
The “Effective Date” of this Agreement is the date which is the earlier of (a) Reseller’s initial access to any Service through any online provisioning, registration or order process or (b) the effective date of the first Service Order Form, as applicable, referencing this Agreement. This Agreement will govern Reseller’s initial purchase on the Effective Date as well as any future purchases made by Reseller that reference this Agreement.
These Terms of Services (the “Agreement”) are entered into by AP & Reseller on the Effective Date, to govern the respective rights and obligations of AP and Reseller with regard to the Reseller’s usage and reselling of AP’s No Code Development Platform (“Product”) via a hosted private label to reseller customers (“End Users”).
In consideration of the terms and conditions set forth below, the parties agree as follows. If you do not agree to all the terms and conditions of this agreement, you must not access or use any of our services. If these terms and conditions are considered an offer by AP, acceptance is expressly limited to these terms. The Service is available only to at least 16 years old individuals.
The only exception to the age limit is for Appy Pie Chatbot which requires you to be at least 18 years old.
1. Your AP Reseller Account and Site
For the purposes of resale, AP shall provide the Reseller with the CMS which includes: a) Sales and marketing materials: b) Access for the Reseller and End Users to all public features and designs of the product, fully branded with the Reseller’s brand and available under Reseller’s domain. c) Reseller admin area with ability to manage End User accounts and Paid Licenses.
Subject to Paid Licenses, AP will deliver the appropriate credits professional setup of the Reseller’s website portal for one of the following products:
Appy Pie AppMakr
Appy Pie AppMakr is an online, no code app builder that lets anyone, irrespective of their technical skills, build an app on their own. Known for their extensive range of features, Appy Pie AppMakr is the single biggest no code mobile app development platform.
Appy Pie Website Builder
Appy Pie Website Builder lets individuals or business entities create websites without writing even a single line of code. The website builder from Appy Pie comes loaded with features and has unique offline capabilities
Appy Pie Connect
Appy Pie Connect is an automation platform that helps businesses or individuals create automated workflows and increases the efficiency by eliminating the need to do repetitive, manual tasks.
Appy Pie Chatbot
Appy Pie Chatbot lets individuals or businesses create a Chatbot without any coding and integrate it into a website or an app. A chatbot helps businesses offer a conversational touch point to their website visitors. The product was launched on March 11, 2020 and is in public beta version.
Appy Pie Knowledge
Appy Pie Knowledge lets individuals or businesses build and publish knowledge portals without any coding. This helps businesses enable an intelligent self-service knowledge base for their resellers, thus reducing the need to answer the frequently asked questions. It is a great way to increase productivity of the support team by letting them focus on critical issues. Launched on April 27, 2020, Appy Pie Knowledge is currently under public beta phase.
Appy Pie Design
Appy Pie Design is an online tool that empowers users to create different types of designs to fulfil their design needs without any design skills or training. Appy Pie Design is currently under public beta phase.
Once you hold an AP account for any of these products and create a social network, community, application, or software on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the social network, community, application or software. You must not describe or assign keywords to your social network, community, application, or software in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. AP may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause AP’s liability. You must immediately notify AP of any unauthorized use of your social network, your community, your application, your software, your account, or any other breaches of security. AP 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.
1.1.1 Other Obligations of the Reseller
a) The Reseller shall use good faith and all reasonable efforts to promotes and distribute the Product.
b)The Reseller shall provide AP with complete and accurate contact information of Reseller and shall ensure that such information is updated and kept current at all times.
c) The Reseller acknowledges and agrees that its rights under this agreement do not include rights to source code of the (“Product”) / any application or binaries designed and developed using AP’s no code application development platform, Reseller agrees not to make any claims to the End Users of making the source code available in any format.
d) The Reseller shall not use the Product in a manner that is, or has the potential to be consider, illegal, a legal or reputational risk to AP, generally objectionable in the internet community (including, without limitation the terms and conditions prescribed by third parties and partners from time to time), or degrading to the quality, goodwill, reputation, or provision of the Product.
2. Billing, End User Billing, Late Payment, Cancellation & Termination, Chargebacks and Refund on Monthly & Yearly Subscriptions for Resellers
Starting from the Effective Date AP shall commence charging the Reseller a monthly or yearly fee based on the chosen (“Reseller Plan”) based on the (“Order form”). All Resellers will be billed for their subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled.
All fees may be subject to change at AP’s sole discretion. If AP makes any change to the fees, then AP shall, at least 60 (sixty) days prior to such change becoming effective, send the Reseller a notice by electronic mail that the such fees have been changed (“Pricing Notice”).
1.2.2 End User Billing
The Reseller is solely responsible for the provision billing support to each of the End Users procured by Reseller. AP shall have no responsibility for or liability in respect of billing End Users save where specifically agreed otherwise in writing.
1.2.3 Late Payments
All overdue invoices will be subject to a late payment fee of 2% per month. In the event that an invoice remains overdue for more than 15 calendar days, AP shall have the right suspend access to the administrative functions (those that allow the Reseller to manage the platform) for all apps on the Reseller’s account. Access to the public view of such apps will remain active. In the event that an invoice remains overdue for more than 45 calendar days, AP shall have the right to discontinue all apps under the Reseller’s account, treat this Agreement as having terminated and offer all End Users the opportunity to migrate their apps to an alternative reseller.
1.2.4 Cancellation & Termination
188.8.131.52 Either party may terminate this Agreement under the following circumstances:
a) Upon receipt of the non-renewal notice or subscription cancellation, AP will cancel the account with immediate effect however account will continue to work until last day of subscription Period.
184.108.40.206 AP may terminate this agreement immediately and without notice if:
a) the Reseller fails to satisfy payment of any invoice resulting in the invoice becoming overdue for payment for more than 45 calendar days in accordance with clause 1.2.3;
b) the Reseller fails to comply with its obligations contained within clause 1.1.1 above.
220.127.116.11 Should the resellers account be terminated due to defaulted payments
a) AP reserves the right to contact the customers end users with a view to migrating them over to the AP platform at which point they will be required to select a pricing package available on AP.
18.104.22.168 Upon expiration or termination of this Agreement:
a) the Reseller shall immediately cease all activities related in any way to this Agreement, including, but not limited to, the marketing, selling or distribution of the Product; and
b) All End Users that have signed up through the Reseller will be offered to migrate to AP’s official Product.
1.2.5 Chargebacks for Resellers
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $100 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund. In case you dispute a valid charge, you stand ineligible for any refund, irrespective of whether you qualify for the refund otherwise.
We do not offer any refunds on white label reseller plans, However In some unique cases AP may conclude that there is a refund to be issued to a specific reseller. In all such cases refund processed within 15 days. However, it is of significance to note that the amount charged by the Payment processor is non-refundable. Hence, all refunds from AP will come with a deduction of 3% of the amount or the actual processing fee charged by the Payment processor (whichever is higher).
1.3 Custom Mobile Apps Development or Build it for me plan for Resellers
We do not offer any form of custom mobile application development or build it for me plan to resellers
1.4 Payment for Additional Services for Resellers
AP offers additional Consumable in-app purchases that includes, but not limited to, Domain Name Registration, Premium Background Images, App Promotion (Appy Jump), App Hosting, App Bandwidth, Submission, Re-submission, Account Manager, App Download, Reseller, Push Notifications, Additional Drivers, Moderators, additional tasks, sms, change or removal of app permissions which you can select depending on your needs. Once a payment or deposit is made for these services, it is non-refundable. Consumable in-app purchases are depleted but can be upgraded on need basis and email notifications are sent to users when critical level thresholds are reached. It is pertinent to mention here that if Consumable in-app purchases are fully depleted and not upgraded, then this will lead to your app being locked for editing and viewing purposes.
App permission Changes:Please note that there will be a one-time charge of $99 each time you wish to add/remove permissions in your .apk (Android build).
1.5 Copyright Infringement and DMCA Policy
As AP asks others to respect its intellectual property rights, it respects the intellectual property rights of others too. If you believe that material located on or linked to by AppyPie.com or any AP social network or mobile application violates your copyright, you are encouraged to notify AP in accordance with AP’s Digital Millennium Copyright Act (”DMCA”) Policy. AP will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of AP or others, AP may, in its discretion, terminate or deny access to and use of the Service to such visitor. In the case of such termination, AP will have no obligation to provide a refund of any amounts previously paid to AP. Intellectual Property. This Agreement does not transfer from AP to you any AP or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with AP, AppyPie.com, the AppyPie.com logo, and all other trademarks, service marks, graphics and logos used in connection with AppyPie.com, or the Service are trademarks or registered trademarks of AP’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any AP or third-party trademarks.
Notwithstanding anything contained in this Agreement, AP shall be the sole and exclusive owner of all the intellectual property developed by you or any developer on your behalf during a project, which shall be deemed to be assigned to you as long as you fulfill all commercial and other obligations towards AP. In case you choose not to fulfill all commercial obligations or breach any term and condition of this Agreement, any use of the Software or the project or any publishing of the Software or the app on the public app stores or any use of the Software or the project/app by you will be considered as an unauthorized use and amount to infringement of the intellectual property rights of AP.
AP reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. AP may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
1.7 Disclaimer of Warranties
The Service is provided “as is”. AP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither AP nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
1.8 Limitation of Liability
You the “Reseller” expressly understand and agree that AP shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AP has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any bugs arising in the app; (vi) corruption of application, hacking attacks, security of the app or any other matter relating to the service; (vii) any rejection of your mobile application from any mobile application store or marketplace; (viii) for any amounts that exceed the fees paid by you to AP under this agreement during the twelve (12) month period prior to the cause of action. AP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
1.9 General Representation
You the “Reseller” agree to indemnify and hold harmless AP, its contractors, and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim arising from feature bugs or content of the app by either you or a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
1.11 Third-Party Services & Third-Party Application Providers
The reseller acknowledges that AP services utilize multiple Third-Party services including but not limited to Shutter Stock, PubNub, Facebook, Google’s (YouTube, Maps, Firebase, Sheets, API.AI), Sinch, Vuforia, AWS, Azure, Pixabay API, and others. You acknowledge that the license to each Third-Party Service that you obtain, is a binding agreement between you and the Application Provider. For Third-Party Apps, you acknowledge that (i) you are acquiring the license to each Third-Party App from the Application Provider; (ii) AP is not acting as agent for the Application Provider in providing each such Third-Party App to you; and (iii) AP is not a party to the license between you and the Application Provider with respect to that Third-Party App. The Application Provider of each Third-Party App is solely responsible for that Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party App. In the case of Third-Party Apps, the License Fee is set as the sole discretion of the Third-Party Application Provider and AP does not collect the License Fee on behalf of the Third-Party Application Provider, you will have to pay this directly to the Third-Party Application Provider. The Licensor may change the License Fee at any time.
For Appy Pie Chatbot: We offer integration with other third-party products with Chatbot. To be able to utilize the integrations you may be required to buy a separate subscription of those products from their respective websites. These integrations’ availability will be dependent on the availability of the API of those products. In case an integration is being removed you will be duly informed.
1.12 Beta Features
SSome AP platform releases contain beta features like (Taxi, Food Court, Augmented Reality, Messenger, Chatbot, Design, Knowledge) and might not be available to Resellers. We release these beta features to collect feedback on their implementation so that we can improve them. We value any feedback on these beta features, as it enables us to provide you with the best possible product. By submitting any suggestion, you agree that your disclosure is voluntary, unsolicited and without restriction and will not place AP under any fiduciary or other obligation, and that we are free to use the suggestion without any additional compensation to you, and/or to disclose the suggestion on a non-confidential basis or otherwise to anyone. Also, we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services.
The availability of beta features will be documented in the release notes for every specific release. Other documentation will be available through the AP support section. Please consult the release notes and the documentation on how to enable and use these beta features.
Please take note of the following limitations regarding beta features:
- Beta features may be incomplete; future releases may include more functionality to complete the features
- Beta features may change in future releases, depending on the feedbacks
- Even though we aim for backwards compatibility, AP can’t guarantee backwards compatibility between monthly releases for beta features
- Beta features are not covered by any SLA and not part of our Reseller Platform
- We value feedback, including tickets describing problems with beta features, but these tickets will not be handled according to your SLA
- We cannot guarantee timely fixes for any problems you encounter with beta features
- Beta features should not be used for production applications
- Beta features may contain bugs, which could potentially lead to data corruption
1.13 Children’s Personal Information
AP refrains you the “Reseller” to collect any personal information from children under the age of 16.
1.14 Data Ownership Rights
You the Reseller acknowledges that the Product name, ownership rights, copyright, patents and all other intellectual property rights of whatever nature related to the Product shall remain vested solely in AP. The Reseller shall not, at any time during or after the expiration or termination of this Agreement, assert or claim any interest in, or do anything that may adversely affect the validity of, AP’s intellectual property rights. Both the Reseller and the AP shall at all times retain sole and exclusive right, title and ownership in and to all of its own intellectual property and other proprietary materials.
End Users shall remain at all times the customer of the Reseller unless the End User subscribes for the Product directly with AP via www.appypie.com or otherwise approaches AP without any solicitation from AP. AP shall not reveal the Reseller’s status as such to End Users except with the explicit written agreement of the Reseller.
1.15 Legal Issues & Jurisdiction
This Agreement, and any disputes arising out of or related hereto, shall be governed by the laws of the State of New Delhi, India without regard to its conflict of laws rules. The parties agree that this contract is not a contract for the sale of goods; therefore, this Agreement shall not be governed by codification of Article 2 or 2A of the Uniform Commercial Code, or any references to the Uniform Computer Information Transactions Act or the United Nations Convention on the International Sale of Goods. The district and high courts located in New Delhi, India shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Non-payment shall result in acceleration of the minimum value of this agreement being payable in full. You acknowledge that in the event of such acceleration, the minimum value of this agreement shall be due and payable as minimum liquidated damages because such balance will bear a reasonable proportion to AP’s minimum probable loss from your non-payment, the amount of AP’s actual loss being incapable to calculate. Client agrees to pay all costs and expenses, including but not limited to, attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.
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