Terms of service

Premise

The following terms of service (“ToS”), together with the subscription plans (individually “Plan” and collectively “Plans”), promoted in the website www.apps-builder.com (the “Website”) govern all use of the Website and all content, services and products available at or through the Website (collectively, the “Service”) offered to the customers of the Service (the “Customer/s” or “You”). ToS and Plans are collectively referred to as the “Agreement”. The Service is owned and operated by AppsBuilder S.p.a, Largo Richini, 2, Milan (Italy), VAT no. 07363990966, having registered office in Italy (“AppsBuilder”, “We”). The Service is offered subject to Your acceptance without modification of all the Agreement and all other operating rules, policies (including, without limitation, AppsBuilder’ Privacy Policy) and procedures that may be published from time to time on the Website by AppsBuilder. Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, You agree to become bound by the 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 ToS are considered an offer by AppsBuilder, acceptance is expressly limited to these terms. The Service is available only to companies and individuals who are at least 18 years old.

The Agreement is available on the Website to enable Customers to acknowledge, store and reproduce them pursuant to Regulation 12, paragraph 3, of European Communities (Directive 2000/31/EC) Regulations (Statutory Instrument No. 68/2003) (the “Ecommerce Regulations”) if applicable.

The Agreement entered into with AppsBuilder through the Website is governed by Italian law including the Ecommerce Regulations. Legislative Decree no. 206/2005 (“Italian Consumer Code”) is not applicable to the Customer who is not a consumer as defined in Italian Consumer Code, art. 3, point 1, letter a), and use the Service for commercial, academic, research purposes or for any other purpose other than a domestic use. Please refer to Limitation of Liability section herebelow.

1- License

AppsBuilder has developed an hosting digital platform available on the Website and on AppsBuilder mobile applications that enables, the Customer to create and manage, through a software owned and/or managed by AppsBuilder, personalized mobile applications for iOS and Android devices, web applications, and for other operating system that AppsBuilder may decide to adopt in the future (the “Digital Platform”). Subject to the Agreement, and upon payment to AppsBuilder of applicable fees, AppsBuilder grants the Customer a worldwide revocable, non-exclusive, non-transferable license during the duration term of the Agreement (the “Term”) to use the Services and the Digital Platform in accordance with the Plans.

2 - The Plans

Each Plan is published in the Website and contains a description of the Services offered, which may include its duration term, the applicable fees, technical assistance for using the Service (if any), other special features and tools (if any), and other relevant information of the Services rendered through the Digital Platform. AppsBuilder may vary from time to time the content of each Plan, including fees, duration terms, extension of the services rendered, etc.. AppsBuilder may also terminate a Plan anytime. Termination or variation of the Plans by AppsBuilder do not entitle the Customer to any compensation. AppsBuilder reserves the right to set up a Website’s dashboard (“Dashboard”) where the Customer can directly downgrade, upgrade or terminate the Plan’s subscription, modify Personal Account settings and information, or delete the Personal Account. All this features can be performed in accordance with the ToS and with the instructions provided in the Website and/or the Dashboard. AppsBuilder may provide customer care assistance during usual business hours and business days in Rome (Italy) in accordance with the instructions provided from time to time in the Plans and/or in the Website and considering the customer care workflow. Customer care assistance may not be included in the Plan’s and AppsBuilder may charge extra fees for such service as required by the Customer.

3 - Registration And Personal Account

In order to access the Services, You are required to register and open a personal account ("Account"), please note that You will be responsible for all activities that occur under Your Account (including but not limited to any purchase of the Service made through Your Account) unless You notify us that Your Account has demonstrably been used by a third party without Your consent. You are further responsible for maintaining the confidentiality of Your access information and for ensuring that no third party access Your Account without Your consent. AppsBuilder cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. You will immediately notify AppsBuilder of any unauthorized use of Your Account. We will create Your Account based upon the personal information You provide to us or that we obtain via an SNS as described below. You may not have more than one (1) active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Please note that we may terminate or suspend Your Account, at any time and without prior notice to You if: (i) we reasonably believe that You are using Your Account in breach of the Agreement; (ii) we reasonably believe that a third party is using Your Account without Your consent, or (iii) we reasonably deem it necessary to terminate or suspend Your Account for security or maintenance purposes.

4 - Third Party Account

AppsBuilder may, from time to time, give You the possibility to register an Account by logging with certain third party social networking sites ("SNS") (including, but not limited to, Facebook, Twitter, Linkedin, etc.); each such account, a "Third Party Account", via our Website, as described below. As part of the functionality of the Website, You may link Your Account with Third Party Accounts, by either: (i) providing Your Third Party Account login information to AppsBuilder through the Website; or (ii) allowing AppsBuilder to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account. You represent that You are entitled to disclose Your Third Party Account login information to AppsBuilder and/or grant AppsBuilder access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating AppsBuilder to pay any fees or making AppsBuilder subject to any usage limitations imposed by such third party service providers. By granting AppsBuilder access to any Third Party Accounts, You understand that AppsBuilder will access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account ("SNS Content") so that it is available on and through the Website via Your Account. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts will be available on and through Your Account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or AppsBuilder’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website. You have the ability to disable the connection between Your Account and Your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. PLEASE NOTE THAT YouR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YouR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YouR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. AppsBuilder makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and AppsBuilder is not responsible for any SNS Content.

5 - Plans: duration Term, upgrade and downgrade,

Plans have either one (1) month or twelve (12) month Term or other different Terms specified in the Plans. Plan’s subscription is automatically renewable at its expiration date, for the same term, if You haven’t terminated the subscription prior its expiration date. You may terminate Plan’s subscription through the Dashboard and in accordance with the instructions provided in the Website from time to time. If You terminate Your Plan’s subscription, Your termination takes effect on Your next billing cycle. This means we won’t be able to refund You for early Plan or Agreement cancellation (see section 8 below). You can opt to upgrade or downgrade, Your Plan to any other Plan that AppsBuilder is currently offering for sale at any time during Customer’s Agreement Term. Any Plan downgrades will take effect when Your next billing cycle begins. In the case of an upgrade, You will be charged for the difference in the cost of the two Plans over the remainder of the original Term. If you have subscribed for a 12 (twelve) month Term Plan, You can upgrade this Plan only for another 12 (twelve) months period or more.

6 - Free trial

We may offer free trial subscriptions during which You may use the Service for the time period specified in the promotional offer (“Trial Period”). Free trial subscriptions may not be combined with any other offer and are only available to customers who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. At the end of the free Trial Period, You will have the option to provide payment information in order to continue to use the Service as specified in the Website and/or in the Dashboard. If free Trial Period has ended, and You do not choose to provide Your payment information to use a paid version of the Service as required by AppsBuilder,, You understand and agree that AppsBuilder may delete any of Your Content within a commercially reasonable time after the expiration of the applicable Trial Period.

7 - Payment procedure

Once the Customer choose a Plan through the Website and/or Dashboard, he shall pay in advance the relevant fees as detailed in the Plan.

The payment shall be performed in accordance with the payment procedure set forth in the Website and/or Dashboard, via credit card, or other means of payment as specified in the Website and/or Dashboard.

8 - Chargeback / Refund Policy

If You terminate Your Plan’s subscription, Your termination takes effect on Your next billing cycle. This means we won’t be able to refund You for early Plan or Agreement cancellation. AppsBuilder 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.

9 - Non applicability of cancellation right under Italian Consumer Code

Customer use the Services not for domestic use. Therefore, right of withdrawal is not applicable in accordance with Italian Consumer Code, art. 3, point 1, letter a. In any case, cancellation right is not applicable in relation to the software downloaded and opened by the Customer through any device (PC, portable device, etc.), in accordance with art. 55, second paragraph, letter d) of the Italian Consumer Code.

10 - Responsibility of Service Visitors

AppsBuilder has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, AppsBuilder does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. AppsBuilder disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted. Customer hereby waives AppsBuilder from any liability of any nature relating the content uploaded on the Digital Platform.

11 - Your Content

If You create or use a mobile application through 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 such account. 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 AppsBuilder may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause AppsBuilder liability. You must immediately notify AppsBuilder of any unauthorized uses of Your social network, Your mobile application, Your account or any other breaches of security. AppsBuilder 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. If You operate a social network, operate a mobile application, publish content or post links on the Digital Platform, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Your Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, Your Content. That is the case regardless of whether Your Content in question constitutes text, graphics, an audio file, or computer software. By making Your Content available, You represent and warrant that: the downloading, copying and use of Your 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 Your Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to Your Content; You have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to end users any required terms; Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; Your 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); Your Content is not pornographic, libelous or defamatory, 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 Content 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 Content 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 Your 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 Your Content to AppsBuilder for inclusion on any services or applications provided by AppsBuilder , You grant AppsBuilder a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish Your Content solely for the purpose of displaying, distributing and promoting Your mobile application and delivering the Services. If You delete or remove Your Content, AppsBuilder will use reasonable efforts to remove it from the Service, but You acknowledge that caching or references to Your Content may not be made immediately unavailable. Without limiting any of those representations or warranties, AppsBuilder has the right (though not the obligation) to, in AppsBuilder ‘s sole discretion (i) refuse or remove any content that, in AppsBuilder ‘s reasonable opinion, violates any AppsBuilder 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 AppsBuilder ‘ sole discretion. In case of the above, AppsBuilder will have no obligation to provide a refund of any amounts previously paid.

12 - 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 the Website links, and that link to the Website. AppsBuilder does not have any control over those non-AppsBuilder services and webpages, and is not responsible for their contents or their use. By linking to a non-AppsBuilder website or webpage, AppsBuilder 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. AppsBuilder disclaims any responsibility for any harm resulting from Your use of non-AppsBuilder websites and webpages. The Website may contain links, banners, ads or other means of internet redirection to external services managed and/or provided by third parties. Any service provided by such third parties different from the Service described in the Plans and in the Agreement in general, are not necessarily reviewed, endorsed or approved by AppsBuilder and any legal and contractual liablity related such external services are borne by You and the third parties providing such external services. AppsBuilder is not and cannot be liable for such external servcices which will be subject to the terms of service and privacy policy eventually applied by such third parties.

13 - AppsBuilder Content

All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials, codes, software, algorithm, and any other material that forms in any way part of the Website and of the Digital Platform (collectively, "AppsBuilder’s Content") is owned by AppsBuilder and/or its licensors, if any. All AppsBuilder’s Content is protected by national and international intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights. Nothing in this Agreement can be construed as a contract for software development under article 1655 Italian Civil Code and AppsBuilder has no obligation toward Customers to realize mobile application tailored to the needs of Customers and has no obligation to transfer any data, code, algorithm, to the Customer. Please refer to limitation of liability section herebelow.

14 - AppsBuilder’s Trademarks and domain names.

All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, domain names, brand names and product names used, displayed or in any way included on the Website ("AppsBuilder’s Trademarks") are the exclusive property of AppsBuilder or of its licensors, if any. The Agreement does not entitle You in any way to use AppsBuilder’s Trademarks and we remind You that the use by You of AppsBuilder’s Trademarks in any manner is strictly prohibited.

15 - Copyright Infringement and DMCA Policy

As AppsBuilder 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 AppsBuilder.com or any AppsBuilder social network or mobile application violates Your copyright, You are encouraged to notify AppsBuilder. AppsBuilder 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 AppsBuilder or others, AppsBuilder may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, AppsBuilder will have no obligation to provide a refund of any amounts previously paid to AppsBuilder.

16 - Termination.

AppsBuilder 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 Account (if You have one), You may simply discontinue using the Service. AppsBuilder can terminate the Service immediately as part of a general shut-down of AppsBuilder 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.

17 - Limitation of liability

The Service is provided “AS IS” without warranty of any kind, including any implied warranties of merchantability or fitness for a particular purpose. Save as otherwise agreed, the license to use the Service is strictly personal to the Customer and not transferable to other third parties whether individuals or legal entities. Customer cannot transfer to any third party the password of its account and is strictly responsible for protecting it. AppsBuilder cannot be held responsible for any loss of the password of Your Account.

The AppsBuilder Service is a Software as a Service (“SaaS”). Nothing in this Agreement can be construed as a contract for software development under article 1655 Italian Civil Code and AppsBuilder has no obligation toward Customers to realize mobile application tailored to the needs of Customers and has no obligation to transfer any data, code, algorithm, to the Customer. To the maximum extent permitted by applicable law, AppsBuilder shall in no event be liable to You or any end user or third party for any damage or loss arising out of use of the Website and/or AppsBuilder’s Content or any information contained on or otherwise related to the products or services which may be sold through the Website, including without limitation, any liability for: (a) any loss of or corruption to data, (b) loss of or damage to hardware, software, or technical equipment (including Personal Computer,Tablet, Smartphone, or other portable device or any other device or part of the place through which the products and services offered by AppsBuilder where directly or indirectly supplied) (c) any loss or damage which was not foreseeable by You and/or us (d) any loss or damage suffered as a result of failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. AppsBuilder shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Website and of the Digital Platform or by impossibility to use the Website and the Digital Platform or reliance on the information directly or indirectly made available through the Website or through the Digital Platform. By using this Website, You and any third party agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Website ToS, the sole and exclusive remedy available to You and to any third party shall be ceasing Your use of the Website. AppsBuilder disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related the use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. The Customer finally agree to indemnify and hold harmless AppsBuilder against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by the Customer of the Website, of the Digital Platform, and/or AppsBuilder’s Content. Without any prejudice for what stated above, AppsBuilder reserves the right to include in the ToS a Service Level Agreement (“SLA”).

18 - Representation and Warranty of the Customer

You represent and warrant that (i) Your use of the Service will be in strict accordance with the AppsBuilder Privacy Policy, with this Agreement and 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 (ii) Your use of the Service will not infringe or misappropriate the intellectual property rights of any third party. You acknowledge and agree that You may not and may not permit, assist or allow any third party to: (a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute any AppsBuilder’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website; (b) access or use this Website or any AppsBuilder’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on Your own or any third party’s website, platform or other online space or means; (c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the AppsBuilder’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any AppsBuilder’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies; (d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of our servers to which You are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means; (e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website; (f) breach the protection, security or authentication measures on the Website or on the Digital Platform; (g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity; (h) exploit or use the Website, any AppsBuilder's Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Website ToS or solicit the performance of any illegal activity or other activity which infringes the rights of AppsBuilder or others; (i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website or of the Digital Platform, or any systems or networks connected to the Website or to the Digital Platform; (l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or of the Digital Platform or any transaction being conducted on the Website or on the Digital Platform, or with any other person’s use of the Website. We reserve the right to discontinue or suspend Your access or use of the Website or of the Digital Platform, without notice, if (I) we reasonably deem You have violated the Website ToS, or (II) we reasonably deem such a measure necessary for security reasons.

19 - Indemnification

You agree to indemnify and hold harmless AppsBuilder, 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.

20 - Disputes

This Agreement shall be governed by and construed in accordance with the laws of Italy, without reference to principles of conflict of laws, and the Customer and AppsBuilder hereby submit any issues or disputes arising out of or in connection with it to the exclusive jurisdiction of the Italian Court of Milano. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

21 - Notices

Any communication from the Customer to AppsBuilder related the Agreement may be sent via email to support@Apps-Builder.com with receipt confirmation from AppsBuilder, or via registered letter to the registered office of AppsBuilder. The above said addresses may vary from time to time upon communication of AppsBuilder to its Customers, via email or by publication on the Website.

22 - Changes To The Website ToS

AppsBuilder reserves the right, at its sole discretion, to modify or replace any part of this ToS. It is Your responsibility to check this ToS periodically for changes. Your continued use of or access to the Service following the posting of any changes to this ToS constitutes acceptance of those changes. AppsBuilder 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 ToS save as otherwise specified by AppsBuilder.

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an AB engine Company | AppsBuilder SPA - Largo Richini, 2 Milan Italy | P.iva 07363990966