Please read this Agreement carefully before accessing or using the Service. By subscribing or by making an online payment for any part of our Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Appy Pie LLC, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
1.1 Your AppyPie.com Account and Site: If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Appy Pie LLC. may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Appy Pie LLC. liability. You must immediately notify Appy Pie LLC of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. Appy Pie LLC. 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.
1.2 Responsibility of Contributors: If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or
allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. 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, including but not limited to any software, 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 other harmful or destructive content;
- 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 pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether
requested to do so by social network or otherwise.
By submitting Content to Appy Pie LLC for inclusion on any services or applications provided by Appy Pie LLC, you grant Appy Pie LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile application. If you delete Content, Appy Pie LLC will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Appy Pie LLC has the right (though not the obligation) to, in Appy Pie LLC’s sole discretion (i) refuse or remove any content that, in Appy Pie LLC’s reasonable opinion, violates any Appy Pie LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Appy Pie LLC’s sole discretion. Appy Pie LLC will have no obligation to provide a refund of any amounts previously paid.
1.3 Subscription Billing, Termination, Cancellation and Refund on One-Month Subscriptions: Appy Pie offers one-month subscriptions, which entitle the original purchaser
access to Appy Pie for a period of exactly 1 month from the date of purchase. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled.If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Appy Pie accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Appy Pie LLC has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Appy Pie offers a 30-day money back guarantee on One-Month Subscriptions.
1.4 Subscription Billing, Termination, and Cancellation and Refund on One-Year Subscriptions: Appy Pie offers one-year subscriptions, which entitle the original purchaser
access to Appy Pie for a period of exactly 12 months from the date of purchase. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled. If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Appy Pie accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Appy Pie LLC has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. Appy Pie offers a 30-day money back guarantee on One-Year Subscriptions.
1.5 Billing, Termination, and Cancellation and Refund on Lifetime Plan (Perpetual License) : Appy Pie offers Lifetime Plan (Perpetual License), which will be perpetually active provided the client has paid the one-time upfront license fee and continues to pay the ongoing yearly fees towards App maintenance & updates i.e. (5% of one-time upfront license fee). Terms of lifetime plan are subject to additional conditions as outlined in this terms outlined below. Lifetime plan holders are guaranteed 5 years (60 months) of access to Appy Pie However, in the event that Appy Pie discontinues the service or ceases to do business, or in the event of an acquisition, change of control, a significant merger, or other legal reorganization of Appy Pie, Appy Pie may terminate the Perpetual License by returning your purchase price less an amount computed by multiplying your purchase price by a fraction, the numerator of which is the number of complete months since your purchase of the lifetime plan and the denominator of which is 60. If Appy Pie terminates your account because of a violation of our terms of service, Appy Pie will not refund any portion of your license fees. Appy Pie may introduce additional services from time to time, which may be excluded from an existing lifetime plan without additional cost. If your Appy Pie lifetime plan account has no activity for a period of 3 years, we will consider that account dormant and will remove online access to the data. We will then keep the data for an additional one year, at which point we will delete your data. Activity is defined as a login to the Appy Pie App Builder. You can cancel your lifetime plan at any time by contacting us; however, cancellation of a lifetime plan will not result in a refund.
1.6 Custom Mobile apps Development: Payments for custom App design and development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, Appy Pie LLC retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
1.7 Build it for Me Plan: Payment of $499 towards Build it for me Plan is treated as a custom App design and development project. Hence once the payment of $499 is made, it is non-refundable. If a project is cancelled or postponed, Appy Pie LLC retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
1.8 Content Posted on Other Services: We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which AppyPie.com links, and that link to AppyPie.com. Appy Pie LLC does not have any control over those non-Appy Pie services and webpages, and is not responsible for their contents or their use. By linking to a non-Appy Pie website or webpage, Appy Pie LLC 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. Appy Pie LLC disclaims any responsibility for any harm resulting from your use of non-Appy Pie websites and web pages.
1.9 Copyright Infringement and DMCA Policy: As Appy Pie LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by AppyPie.com or any Appy Pie LLC social network or mobile application violates your copyright, you are encouraged to notify Appy Pie LLC in accordance with Appy Pie LLC’s Digital Millennium Copyright Act (”DMCA”) Policy. Appy Pie LLC 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 Appy Pie LLC or others, Appy Pie LLC may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Appy Pie LLC will have no obligation to provide a refund of any amounts previously paid to Appy Pie LLC. Intellectual Property. This Agreement does not transfer from Appy Pie LLC to you any Appy Pie LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Appy Pie LLC , Appy Pie, 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 Appy Pie LLC’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 Appy Pie LLC or third-party trademarks.
1.10 Changes: Appy Pie LLC 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. Appy Pie LLC 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.
1.11 Termination: Appy Pie LLC may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your AppyPie.com account (if you have one), you may simply discontinue using the Service. Appy Pie LLC can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
1.12 Chargebacks: 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.
1.13 Disclaimer of Warranties: The Service is provided “as is”. Appy Pie LLC 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 Appy Pie LLC 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.
1.14 Limitation of Liability: In no event will Appy Pie LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Appy Pie LLC under this agreement during the twelve (12) month period prior to the cause of action. Appy Pie LLC 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.
1.16 Indemnification: You agree to indemnify and hold harmless Appy Pie LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
1.17 Miscellaneous: This Agreement constitutes the entire agreement between Appy Pie LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Appy Pie LLC, or by the posting by Appy Pie LLC of a revised version of this Agreement.
1.18 User Generated Apps: All apps created on our platform are User Generated Apps, Appy Pie does not endorse and has no control over User Generated Apps submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content App created through the Site is not necessarily reviewed by Appy Pie prior to posting in Market Place and does not necessarily reflect the opinions or policies of Appy Pie. If at any time Appy Pie chooses, in its sole discretion, to monitor the Marketplace, Appy Pie nonetheless assumes no responsibility for User Generated Apps, no obligation to modify or remove any inappropriate or inaccurate User Generated Apps, and no responsibility for the conduct of the user submitting any User Generated App. Appy Pie makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Marketplace. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated App and to edit, restrict or remove any User Generated App for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated App from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated App may be included, to access, view, store and reproduce the material for such user’s personal use.
1.19 Third-Party Services & Third-Party Application Providers: Appy Pie apps utilize multiple Third-Party services including but not limited to PubNub, Facebook, Youtube, Googles’ (Firebase, Sheets, API.AI), Firebase, Sinch, Vuforia, AWS, etc. 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) Appy Pie is not acting as agent for the Application Provider in providing each such Third-Party App to you; and (iii) Appy Pie 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 Appy Pie 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.
1.20 Beta Features: Some Appy Pie platform releases contain beta features like ( Taxi, Augmented Reality, Messenger, Chatbots etc) . 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. The availability of beta features will be documented in the release notes for every specific release. Other documentation will be available through the Appy Pie 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 feature
- Beta features may change in future releases, depending on the feedback
- Even though we aim for backwards compatibility, Appy Pie can not 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
1.21 Legal Issues & Jurisdiction: This agreement shall be governed by the laws of the Commonwealth of Virginia. In the event that any dispute should arise under this agreement, the parties agree to waive all jurisdictional and venue objections and to have all such disputes submitted to and heard before the Courts of Fauquier, Virginia. However, Appy Pie reserves the right to seek resolution in Fauquier County Small Claims Court for funds in dispute at or below the Small Claims’ Court Limit. 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 Appy Pie’s minimum probable loss from your non-payment, the amount of Appy Pie’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.