Terms of Service

Develapp® Terms of Service

Last Updated: May 3, 2019

By using or uploading any information, data, code or other input (your “Content”) to the mydevelapp.com web site (“Service“), a service of Develapp LLC (“Develapp”), you (“you”, “your”, or “User”) are agreeing to be bound by the following terms and conditions (“Terms of Use“). IF YOU DO NOT AGREE TO THIS TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE. Develapp reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account without notice. While Develapp prohibits such conduct and Content on the Service, you understand and agree that Develapp cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms:

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. You are responsible for maintaining the confidentiality and security of your account and password. Develapp cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. Our Develapp Subscribed Application may allow you to submit materials such as comments, pictures, videos, and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. You hereby grant Develapp a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and Develapp internal purposes. Develapp may monitor and decide to remove or edit any submitted material.
  8. Submissions Guidelines: You may not use the Develapp Subscribed Application to:
    • post any materials that you do not have permission, right or license to use;
    • post objectionable, offensive, unlawful, deceptive or harmful content;
    • post personal, private or confidential information belonging to others;
    • request personal information from a minor;
    • impersonate or misrepresent your affiliation with another person, or entity;
    • post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
    • plan or engage in any illegal, fraudulent, or manipulative activity.

App Store Publishing:

  1. You are engaging Develapp LLC to build and publish mobile apps in Apple and Android code languages. Develapp does not control, nor can Develapp guarantee that the Apple App Store or Google Play Store will release Your app for public installations.  In the event Apple or Google refuse to make Your app available to the public, Subscriber understands that Subscriber shall not blame Develapp and has every right to cancel Your subscription service with Develapp. Subscriber also understands that an App Store rejection does not allow Subscriber to demand a full refund of its subscription, as work and services are/were performed by Develapp regardless of whether or not the App Store(s) make Your app available for public circulation.

Consent to Use of Data:

  1. You agree that Develapp may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Develapp Subscribed Application. Develapp may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Privacy:

  1. Any personal information you submit to the Service or Develapp will be treated by in the matter described in the Privacy Policy, located at: https://staged-0320.mydevelapp.com/privacy-policy/

Payments and Refund Terms:

  1. A valid credit card might be required.
  2. The Service is non-refundable. In order to treat everyone equally, no exceptions will be made.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Payment for Services:

  1. Certain aspects of the Service may be provided for a fee or other charge. If you use the paid aspects of the Service, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges, including those posted or linked at https://staged-0320.mydevelapp.com/pricing
  2. In the event you cancel your subscription, you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. You acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide Develapp with notice of your intent not to renew your subscription at least five (5) days prior to the end of the then-current subscription term.
  3. You are responsible for any additional payments required for an upgraded subscription level, at the time of upgrade, and are required to keep the upgrade for 1 complete billing cycle, even if you downgrade prior the end of your current billing cycle.

Cancellation and Termination:

  1. You are solely responsible for properly canceling your account. Account cancellation requests must be submitted by sending an email to support@mydevelapp.com.
  2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
  3. Develapp, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Develapp service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
  4. Develapp reserves the right to refuse service to anyone for any reason at any time.
  5. If you fail, or Develapp suspects that you have failed, to comply with any of the provisions of this Agreement, Develapp may, without notice to you: (i) terminate this Agreement and/or your Develapp Subscribed Application, and you will remain liable for all amounts due under your Develapp Account up to and including the date of termination; and/or (ii) terminate your access to the software; and/or (iii) preclude your access to the Services.
  6. Develapp further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Develapp will not be liable to you or to any third party should it exercise such rights.

Modifications to the Service and Prices:

  1. Develapp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to any monthly subscription plan fees to the Service, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the Develapp website (mydevelapp.com).
  3. Develapp shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

  4. From time to time, Develapp may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Develapp will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

Copyright and Content Ownership:

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using mydevelapp.com, you agree to allow others to view and share your Content.
  2. Develapp does not pre-screen Content, but Develapp and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
  3. The look and feel of the Service is copyright Develapp, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Develapp.
  4. By using the Service, you warrant that you have full right and ownership of any and all copyrighted material you upload to, or distribute through, the Service.
  5. You shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection all Content selected by you for use in connection with the Service and/or Develapp application.
  6. Develapp respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Develapp’s Copyright Agent at 1650 Airport Dr. HNGR 2100, Cleburne, TX 76033 or legal@develappglobal.com with the following information:
    • a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
    • a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located;
    • a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agents, or applicable law;
    • a statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the product, work, copyright or intellectual property, or authorized to act on such owner’s behalf; and your electronic or physical signature, name, physical address, telephone number and email address.

Notice for California Users:

  1. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
  2. Users of the Service may contact Develapp directly at 1650 Airport Dr., HNGR 2100, Cleburne, TX 76033 and info@mydevelapp.com.

General Conditions:

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
  2. You understand that Develapp may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with any other Develapp service.
  4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Develapp.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Develapp customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve
    • Transmissions over various networks; and
    • Changes to conform and adapt to technical requirements of connecting networks or devices.
  8. By using the Service, you expressly consent to us building your app on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.
  9. If your app is built using the Develapp provisioning file or published under the Develapp or Develapp brand, you agree that Develapp has the right to the following, with or without notice, at any time and for any reason:
    • Remove app from publication
    • Modify the description or other characteristics or features of your app
    • Publicize your app and your brand
  10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
  11. You must not transmit any worms or viruses or any code of a destructive nature.
  12. Develapp disclaims any express or implied warranties and does not warrant that:
    • The Service will meet your specific requirements
    • The Service will be uninterrupted, timely, secure, or error-free
    • The results that may be obtained from the use of the Service will be accurate or reliable
    • The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
    • Any errors in the Service will be corrected.
  13. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEVELAPP 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 DEVELAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
    • THE USE OR THE INABILITY TO USE THE SERVICE
    • 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
    • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
    • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
    • OR ANY OTHER MATTER RELATING TO THE SERVICE.
  14. DEVELAPP’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF $1,000 DOLLARS OR THE AMOUNT OF FEES RECEIVED BY DEVELAPP FROM THE COMPLAINING USER FOR THE USE OF THE SERVICE; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT DEVELAPP WOULD NOT ENTER INTO THIS TERMS OF USE OR MAKE THE ONLINE COURSE AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
  15. DEVELAPP DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE DEVELAPP FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
  16. BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DEVELAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY DEVELAPP AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM DEVELAPP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DEVELAPP’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
  17. If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
  18. You understand that any Apps created in the Service are created by your own volition and you therefore indemnify and hold harmless Develapp and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by the Service, or for claims related to or arising from your violation of this Terms of Use.
  19. If any provision of these Terms of Use is found to be for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions. Develapp shall have no liability under these Terms of Use to the extent arising from any failure of Develapp to perform any of its obligations due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Develapp ’s reasonable control.
  20. The failure of Develapp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Develapp and govern your use of the Service, superseding any prior agreements between you and Develapp (including, but not limited to, any prior versions of the Terms of Service)

Other Provisions:

  1. This Agreement constitutes the entire agreement between you and Develapp and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Develapp. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Develapp’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Develapp will not be responsible for failures to fulfill any obligations due to causes beyond its control.
  2. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No Develapp employee or agent has the authority to vary this Agreement.
  3. Develapp may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Develapp may also contact you by email or push notification to send you additional information about the Services.
  4. You hereby grant Develapp the right to take steps Develapp believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Develapp has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Develapp believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Develapp’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party’s rights).
  5. Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

Definitions:

“Develapp Subscribed Application” – means the activation of app service in the from of an IPA, APK, or PWA for the purpose of circulating content within a mobile app or mobile web app.

“Services” – means any product, task, or access Develapp grants or conducts with Subscribers, Distributors, and/or Developers

“Distributor” – means an authorized sales agent of Develapp who markets Develapp Services

“Developer” – means a Developer Program enrollee who uses Develapp Services

“Subscriber” – means the person or entity that is paying for a Develapp Subscribed Application

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