Terms & Conditions
Section 1 - Your Account
Your Affordable App Solutions Account and Site: If you use our App Manager 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. You must not describe or assign keywords to your App in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Affordable App Solutions may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Affordable App Solutions liability. You must immediately notify Affordable App Solutions of any unauthorized uses of your mobile application, your account or any other breaches of security. Affordable App Solutions 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.
Section 2 - Responsibility of Content Authors
You are entirely responsible for the content placed on your App, 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 mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- your mobile application is not named in a manner that misleads your readers into thinking that you are another person or company; 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 Affordable App Solutions for inclusion on any services or applications provided by Affordable App Solutions, you grant Affordable App Solutions 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, Affordable App Solutions 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, Affordable App Solutions has the right (though not the obligation) to, in Affordable App Solutions' sole discretion (i) refuse or remove any content that, in Affordable App Solutions' reasonable opinion, violates any Affordable App Solutions 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 Affordable App Solutions' sole discretion. Affordable App Solutions will have no obligation to provide a refund of any amounts previously paid.
Section 3 - Package Fees for Setting Up Your App
Payments for the initial package fees to set up your App are a one-time fee. Once a payment is made, it is non-refundable. If a project is canceled or postponed, Affordable App Solutions 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.
Section 4 - Subscription Billing, Termination, and Cancellation One-Year Subscriptions
Affordable App Solutions offers one-month subscriptions, which entitle the original purchaser access to Affordable App Solutions' App Manager 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 canceled. 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. If Affordable App Solutions terminates your account because of a violation of our terms of service, Affordable App Solutions will not refund any portion of your license fees. Refunds are not applicable on the rejection of your mobile application from any App Store or marketplace.
Section 5 - Subscription Billing, Termination, and Cancellation One-Year Subscriptions
Affordable App Solutions offers one-year subscriptions, which entitle the original purchaser access to Affordable App Solutions' App Manager for a period of exactly 1 year 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 canceled. 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. If Affordable App Solutions terminates your account because of a violation of our terms of service, Affordable App Solutions will not refund any portion of your license fees. Refunds are not applicable on the rejection of your mobile application from any App Store or marketplace.
Section 6 - Questions About Charges on Your Account
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.
Section 7 - charge backs
If we receive a charge back 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 charge back fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the charge back(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a charge back, please contact us to address any billing issues. Requesting a charge back 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.
Section 8 - Copyright Infringement and DMCA Policy
As Affordable App Solutions 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 Affordable App Solutions or any Affordable App Solutions mobile application violates your copyright, you are encouraged to notify Affordable App Solutions in accordance with Affordable App Solutions' Digital Millennium Copyright Act (”DMCA”) Policy. Affordable App Solutions 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 Affordable App Solutions or others, Affordable App Solutions may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Affordable App Solutions will have no obligation to provide a refund of any amounts previously paid to Affordable App Solutions. Intellectual Property. This Agreement does not transfer from Affordable App Solutions to you any Affordable App Solutions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Affordable App Solutions, the Affordable App Solutions logo, and all other trademarks, service marks, graphics and logos used in connection with Affordable App Solutions, or the Service are trademarks or registered trademarks of Affordable App Solutions' 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 Affordable App Solutions or third-party trademarks.
Section 9 - Changes
Affordable App Solutions 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. Affordable App Solutions 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.
Section 10 - Termination
Affordable App Solutions 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 Affordable App Solutions account (if you have one), you may simply discontinue using the Service. Affordable App Solutions 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.
Section 11 - Disclaimer of Warranties
The Service is provided “as is”. Affordable App Solutions 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 Affordable App Solutions nor its suppliers and licensors make 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.
Section 12 - Limitation of Liability
You expressly understand and agree that Affordable App Solutions 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 Affordable App Solutions 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 Affordable App Solutions under this agreement during the twelve (12) month period prior to the cause of action. Affordable App Solutions 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.
Section 13 - General Representation and Warranty
Section 14 - Indemnification
You agree to indemnify and hold harmless Affordable App Solutions, 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 debt, 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 that your Content caused damage to 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.
Section 15 - Miscellaneous
This Agreement constitutes the entire agreement between Affordable App Solutions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Affordable App Solutions, or by the posting by Affordable App Solutions of a revised version of this Agreement.
Section 16 - User Generated Content
All apps created on our platform contain User Generated Content, Affordable App Solutions does not endorse and has no control over the content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content created through the Site is not necessarily reviewed by Affordable App Solutions prior to being distributed and does not necessarily reflect the opinions or policies of Affordable App Solutions. If at any time Affordable App Solutions chooses, in its sole discretion, to monitor User Generated Content, Affordable App Solutions nonetheless assumes no responsibility for any User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content in an App. Affordable App Solutions makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials being distributed in any channel. Nonetheless, Affordable App Solutions reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Affordable App Solutions for any reason at any time. You agree that Affordable App Solutions 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.
Section 17 - Legal Issues & Jurisdiction
Any claim relating to Affordable App Solutions' services shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. 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 Atlanta, Georgia. However, Affordable App Solutions reserves the right to seek resolution in Bartow County Small Claims Court for funds in dispute at or below the Small Claims’ Court Limit. Non-payment shall result in the 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 Affordable App Solutions’ minimum probable loss from your non-payment, the amount of Affordable App Solutions’ 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.