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Mobile App Maker Pro Terms of Service

Last updated February 17, 2019

Carefully read the following important terms and conditions ("Terms of Service/Conditions").  Sean M. provides the website located at www.mobileappmakerpro.com (the "Site") through which it develops mobile, desktop, and web-based applications (including, but not limited to any consulting services provided in connection therewith) ("Development Services") for Registered Users and through which such users can administer and maintain their Developed Applications.

These Terms of Service govern your access to and use of www.mobileappmakerpro.com, unless you have entered into a separate agreement with Sean M. regarding mobile, desktop, or web-based applications. If you have entered into such an agreement, that agreement governs your access to and use of the Site and Mobile App Maker Pro Services. These Terms of Service are a legal agreement between you and Mobile App Maker Pro and apply to you whether you are a Registered User (defined below) or a visitor just browsing the Site (either, a www.mobileappmakerpro.com user). These Terms of Service limit Sean M.’s liability and obligations to you, grant Sean M. certain rights and allow Sean M. and those associated with operating www.mobileappmakerpro.com to change, suspend, or terminate your access to and use of the www.mobileappmakerpro.com. An "application" means any mobile, desktop, or web-based application developed as a result of the services which includes the User Materials (defined below).

PLEASE NOTE THE FOLLOWING REGARDING THE Mobile App Maker Pro SERVICES:

  1. Your use of the Mobile App Maker Pro Services or submission of User Materials (defined below) does not mean that the developed smartphone application will be accepted and/or made available via the iTunes App Store, Google Play, and/or other application platform providers or stores (each a "provider" and collectively the "providers").
  2. If your developed smartphone application is rejected by Apple Inc. or another Provider, Mobile App Maker Pro will assist you with changing the developed smartphone application subject to certain limitations. We do not guarantee a provider will ever accept it. (See Section 4 below for further information).
  3. As part of www.mobileappmakerpro.com services, you can choose to distribute your developed smartphone application through various providers and/or through the mobile web. If you choose to distribute your developed smartphone application solely through the mobile web, it will not be available for download via the iTunes App Store, the Google Play Store, or other app store providers, unless www.mobileappmakerpro.com will partner with a provider that distributes developed smartphone applications via the mobile web.
  4. The Activation Fee (i.e., the fee you pay when you submit your User Materials) is non-refundable.
  5. You may not engage www.mobileappmakerpro.com using content that you do not own or otherwise have the right to use.
  6. Do not use www.mobileappmakerpro.com or services rendered at www.mobileappmakerpro.com if you are uncomfortable with these possibilities or any other terms and conditions in these Terms of Service. Please see the www.mobileappmakerpro.com FAQs for further information.

YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO SUBSCRIBE TO SERVICES RENDERED, BY USING THE SITE, www.mobileappmakerpro.com OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR Mobile App Maker Pro SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, INDIVIDUAL OR GROUP OF INDIVIDUALS (EACH A "REPRESENTEE") YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT REPRESENTEE TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF SUCH REPRESENTEE. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT REPRESENTEE ON WHOSE BEHALF YOU ARE ENGAGING THE Sean M. SERVICES.

  1. Eligibility and Registration.
    1. Registered Users. To access certain features of the Site and Mobile App Maker Pro Services, you must be a "Registered User". To become a Registered User you must create a Mobile App Maker Pro account and be at least 18 years of age.
    1. Account Information.
      1. When you register you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party.
      2. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify Mobile App Maker Pro of any unauthorized use of your password. You agree that the information that you provide upon registration, and at all other times will be true, accurate, current, and complete and you will keep all contact information up to date.
      3. The Mobile App Maker Pro Privacy Policy contains information about Sean M./www.mobileappmakerpro.com policies and procedures regarding the collection and use of personal information it receives from users of the www.mobileappmakerpro.com and services rendered.
  1. End Users and Usage Data.

On your behalf and in connection with your use of the Services, Mobile App Maker Pro may collect certain tracking and usage data generated or provided by End Users, including but not limited to the personally identifiable information of End Users ("Usage Data"). An "End User" means a user of a developed smartphone application.

    • You agree to comply with all applicable laws with regard to your use of Usage Data, including but not limited to the CAN-SPAM Act of 2003. You will not transfer or disclose any Usage Data to any third party, except to your employees and subcontractors provided that each such employee and subcontractor is subject to a written agreement that includes binding confidentiality restrictions.
    • You are solely responsible for your interactions (including any disputes) with End Users and www.mobileappmakerpro.com does not in any way screen End Users. www.mobileappmakerpro.com may, but is under no obligation to, monitor or censor Usage Data, any comments made by End Users, or content provided by End Users and www.mobileappmakerpro.com Sean M. is not responsible for the accuracy, completeness, appropriateness, legality of Usage Data, or anything said, depicted, or written by End Users, and disclaims any and all liability relating thereto.
  1. Fees and Payments. While you can use the www.mobileappmakerpro.com to distribute your developed smartphone application for free via the mobile web, you also have the option, as a Registered User, distributing via a Provider (Apple Inc. or Google Play).  If you choose to distribute an application via your own account that is not associated with www.mobileappmakerpro.com, you may be subject to the following:
    1. Fees. Please see pricing at www.mobileappmakerpro.com for the rates at which the services rendered at www.mobileappmakerpro.com can be purchased which are incorporated herein by reference and are subject to change from time to time.  
      1. Registered Users must pay (i) a monthly hosting fee to administer and maintain the Premium Developed smartphone application via the Mobile App Maker Pro Services ("Hosting Fee"), and (ii) a one-time non-refundable development fee for access to download data associated with the application. 
        1. See Section 4 below for further information regarding the submission process to a Provider.
    2. Payment. Except as otherwise stated in the price list/FAQs, all monthly fees are billed on a monthly basis starting from the date a user (s) account is purchased for downloading application information.  Recurring payment will be made on a monthly basis. 
      • All fees are non-refundable. No prorated refunds or credits will be provided under any circumstances. You agree to pay Mobile App Maker Pro for all charges at the prices then in effect for use of the Mobile App Maker Pro Services by you or other persons (including your agents) using your Mobile App Maker Pro account within twenty-one (21) days of being billed, and you hereby authorize Mobile App Maker Pro to collect fees via the third party, PayPal or otherwise.  If payments are not rendered on time, a late fee may apply.
      • The Mobile App Maker Pro Services may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the Mobile App Maker Pro Services.
  2. Developed Applications.
    • No Warranty. If you choose to distribute your Developed smartphone application via a Provider, Mobile App Maker Pro does not affect whether it will be made available via the Provider. Such availability is subject to an approval process entirely outside of the control of www.mobileappmakerpro.com. As such, www.mobileappmakerpro.com does not warrant or guarantee that any developed smartphone application will be accepted or made available by a provider. www.mobileappmakerpro.com does not have to review or police the content of your User Materials or User Materials in general, nor does www.mobileappmakerpro.com be compelled in any way to make editorial or managerial decisions related to your User Materials. You acknowledge and agree any that any assistance we provide to you via the Development Services or otherwise is at your direction.
    • iOS Developer Account. If you desire to distribute your developed smartphone application via the iTunes App Store without using the www.mobileappmakerpro.com account, Apple Inc. requires that you first set up your own iOS Developer Account with Apple Inc. Because of this, you will need to create your own Company iOS Developer Account with Apple Inc. before we can submit your Developed smartphone application to the iTunes App Store. You will have the sole responsibility of paying any fees charged by Apple Inc. for the creation and maintenance of your iOS Developer Account, as these fees are not part of the Mobile App Maker Pro Activation Fee. You agree to grant www.mobileappmakerpro.com any and all access necessary to administer and maintain the developed smartphone application through your iOS Developer Account. In the event that you terminate or disrupt this access in any way, Mobile App Maker Pro will have the right to suspend or disable your Mobile App Maker Pro account or terminate these Terms of Service, at its sole discretion and without prior notice to you.
    • Resubmission of Developed Applications to a Provider. In the event that your developed smartphone application is rejected by a Provider, we will resubmit your developed smartphone application up to three (3) times at no additional charge; any resubmission thereafter may require the payment of an additional Activation Fee for the developed smartphone application. In the event that you make changes to your Developed smartphone application after its Launch Date that require resubmission to a Provider, we will resubmit your Developed smartphone application up to three (3) times per year (from the Launch Date) at no additional charge; any resubmission thereafter will require the payment of an additional Activation Fee for the Developed Application. Resubmission of Developed Applications can be done once every two (2) months, and if you would like to resubmit your developed smartphone application more frequently, you may be charged a Resubmission Fee.
    • Affiliate Codes. If you choose to sell any of your User Materials through the Developed smartphone application by requiring End-Users to click from the Developed smartphone application to a third party retailer, you will be required to use www.mobileappmakerpro.com affiliate codes for such transactions with third party retailers. You agree not to modify, replace, or delete any www.mobileappmakerpro.com affiliate codes in connection with the purchase of User Materials by End-Users through third party retailers.
    • Sale of Developed Applications. In the event that you choose to sell your Developed smartphone application through a Provider, the revenue that you earn from such sale will be credited against your monthly account balance, once Mobile App Maker Pro receives financial statements for the sale of your Developed smartphone application from the appropriate Provider(s). If in a given month you have accrued, after payment of your monthly account balance, at least $100.00 (USD) from the sale of your Developed Application(s), Sean M. will render payment to you via check or PayPal, provided that Sean M. has been paid by the appropriate Provider(s) for the sale of your developed smartphone application(s). If you terminate your www.mobileappmakerpro.com account, and pay your entire account balance as of the date of termination, Sean M. will pay you any revenue that you are owed from the sale of your developed smartphone application(s) within a reasonable time period after receiving payment from the appropriate Provider(s).
  1. Representative Entities. Without limiting any other terms of this Terms of Service, if you are an entity representing a Representee you acknowledge and agree that you are jointly and severally liable for all obligations of the Representee under this Agreement. You agree to defend, indemnify, and hold www.mobileappmakerpro.com and its affiliates, subsidiaries, and distribution partners and their respective officers, directors, employees, and agents harmless from and against any third party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with an alleged or actual breach by Representee of any of Representee's representations or warranties made under this Agreement.
  2. Obligations under Third Party Agreements. If you have obligations to any third party, as non-limiting examples, such as under the terms, conditions or policies of a multi-media online merchant or a social networking service, in either case that you choose to link to through your User Content or to provide User Materials, www.mobileappmakerpro.com is not responsible for your compliance with those requirements. By allowing you to showcase and promote User Content via the Site or www.mobileappmakerpro.com services, www.mobileappmakerpro.com does not suggest, warrant, or guaranty that your use of any content in connection with the Site or www.mobileappmakerpro.com services is allowed by that merchant, nor that your use complies with any laws or regulations that may apply to your use, provision or purchase of any content. www.mobileappmakerpro.com is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations, or any contracts, rules, policies, or procedures applicable to your activities.
  3. Proprietary Rights and Licenses.
    • Certain Definitions. Sean M. material means (i) any text, data, graphics, images, photos, audio or video files, www.mobileappmakerpro.com trademarks and logos and any other content made available via the Site and Sean M. services and (ii) any software programs or tools, utilities, technology, processes, inventions, devices, methodologies, specifications, documentation, techniques, and materials of any kind used or developed by www.mobileappmakerpro.com in connection with performing the Development Services, including all worldwide patent rights, copyright rights, moral rights, trade secret rights, know-how and any other intellectual property rights therein.


"User Materials" means any text, data, graphics, images, photos, audio, or video and any other content that Registered Users post or upload through www.mobileappmakerpro.com or Sean M. services and any other materials required by www.mobileappmakerpro.com to perform the www.mobileappmakerpro.com services, excluding any www.mobileappmakerpro.com material(s).

  • License Grant to Registered Users. Subject to your compliance with the terms and conditions of these Terms of Service, Mobile App Maker Pro grants you a limited, non-exclusive, and non-transferable license, without the right to sublicense, to access the Mobile App Maker Pro Services, during the term of these Terms of Service, solely in connection with your use thereof. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, www.mobileappmakerpro.com services, www.mobileappmakerpro.com materials, or any other content made available through the site or www.mobileappmakerpro.com services or related products and services and, except as explicitly permitted herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit www.mobileappmakerpro.com, services rendered, www.mobileappmakerpro.com materials or any other content made available through the www.mobileappmakerpro.com (other than your User Materials). No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by www.mobileappmakerpro.com, except for the licenses and rights expressly granted in these Terms of Service.

License Grant to Mobile App Maker Pro.

      • You retain all ownership of your User Materials. By uploading, posting, submitting, or otherwise transmitting any User Materials on or via the Site or Mobile App Maker Pro Services you hereby grant to Mobile App Maker Pro a non-exclusive, worldwide, royalty-free, and sub-licensable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access such User Materials in connection with the www.mobileappmakerpro.com services and Sean M. business including, without limitation, for promotion and redistributing part or all of the www.mobileappmakerpro.com services (and derivative works thereof), in any media formats, through any media channels or otherwise. For example, you grant www.mobileappmakerpro.com the right to package your User Materials with the www.mobileappmakerpro.com materials to create the smartphone application, to make your User Materials available in connection with the Developed smartphone application and to promote and market your Developed Application.
      • You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Mobile App Maker Pro. You acknowledge and agree that posting of or linking to your User Materials will comply with the Sean M. copyright and IP Policy as set forth in Section 8 below.
      • You acknowledge and agree that Sean M. may, at its option, reclassify or categorize any User Materials and establish or change limits concerning User Materials, including, without limitation, the maximum number of days that User Materials will remain available via the Mobile App Maker Pro Services or on the Site, the maximum size of any files that may be stored on or uploaded to the site or www.mobileappmakerpro.com services and the maximum disk space that may be allotted to you for the storage of User Materials on servers associated with www.mobileappmakerpro.com. www.mobileappmakerpro.com will have no responsibility or liability for maintaining (or failing to maintain) copies of User Materials on its servers, and you are solely responsible for creating back-ups of your User Materials.

Ownership. Mobile App Maker Pro owns all right, title, and interest, including all worldwide intellectual property rights associated with www.mobileappmakerpro.com whether it be materials, services, or any other content associated with the website.

  1. Copyrighted Materials: No Infringing Use. You will not use the www.mobileappmakerpro.com to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. www.mobileappmakerpro.com will terminate in appropriate circumstances the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
  2. Termination or Suspension of the Site or Mobile App Maker Pro Services & Modification of these Terms of Service.
    • Mobile App Maker Pro reserves the right in its sole discretion, at any time, to modify, discontinue, or terminate the www.mobileappmakerpro.com or Mobile App Maker Pro Services or to modify or terminate these Terms of Service without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the page. If any modification is not acceptable to you, your only recourse is to cease using the Site and Mobile App Maker Pro Services, and if applicable, cancel your www.mobileappmakerpro.com account. By continuing to use www.mobileappmakerpro.com services after www.mobileappmakerpro.com has posted any modifications on the website or provided any required notices, you are indicating that you agree to be bound by the modified Terms of Service.
    • If you breach these Terms of Service, www.mobileappmakerpro.com Sean M. will have the right to suspend or disable your Mobile App Maker Pro account or terminate these Terms of Service, at its sole discretion and without prior notice to you. In addition, Mobile App Maker Pro may notify authorities or take any actions it deems appropriate, without notice to you, if Mobile App Maker Pro suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by Mobile App Maker Pro (including, without limitation, if you infringe the copyrights of third parties via the Site or Mobile App Maker Pro Services); or (ii) engaged in actions relating to or in the course of using the Site or Mobile App Maker Pro Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse, or disruption for you, Mobile App Maker Pro Users, Mobile App Maker Pro, or any other third parties or the Site or Mobile App Maker Pro Services.
    • You may terminate your Mobile App Maker Pro account at any time and for any reason. Upon any termination by you, the related account will no longer be accessible and in the event that a Developed smartphone application has been made available via a Provider or the mobile web, such application will be removed. After any termination, you understand and acknowledge that all licenses and other rights granted to you by these Terms of Service will immediately cease. Mobile App Maker Pro will not be liable to you or any third party for termination of the site or Mobile App Maker Pro Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED VIA THE SITE OR SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Mobile App Maker Pro will have no obligation to maintain any information stored in its database related to your account or to forward any information to you or any third party.
    • The following provisions will survive any termination of these Terms of Services or suspension or cancellation of your Mobile App Maker Pro account: Section 2, 3, 4, 5, 6, 7(a), 7(c)(ii), 7(d), 9(d), 10, and 12 through 21. Notwithstanding the forgoing, after any termination of these Terms of Service or suspension or cancellation of your Mobile App Maker Pro account the license you grant to Mobile App Maker Pro under Section 7(c)(i) only survives for a reasonable amount of time to allow Mobile App Maker Pro to remove your User Materials that are in its possession and control from its systems.
  2. Mobile App Maker Pro User Conduct. The Site and Mobile App Maker Pro Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Mobile App Maker Pro Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site, Mobile App Maker Pro Services, Mobile App Maker Pro Materials, or User Materials:
    1. Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    2. Access, tamper with or use non-public areas of the Site, Mobile App Maker Pro's computer systems or the technical delivery systems of Mobile App Maker Pro providers.
    3. Modify, replace, or delete any Mobile App Maker Pro affiliate codes in connection with the purchase of User Materials by End-Users through the Developed Application;
    4. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
    5. Attempt to access or search the Site, Mobile App Maker Pro Materials, or Mobile App Maker Pro Services with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Mobile App Maker Pro or other generally available third-party web browsers (such as Google Chrome or Mozilla Firefox), including but not limited to browser automation tools.
    6. Send unsolicited email, junk mail, "spam,” chain letters, promotions, or advertisements for products or services;
    7. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Mobile App Maker Pro Materials, Mobile App Maker Pro Services or User Materials to send altered, deceptive, or false source-identifying information;
    8. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Mobile App Maker Pro Materials, Mobile App Maker Pro Services or User Materials;
    9. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Mobile App Maker Pro's computer system, those systems of Mobile App Maker Pro's providers, or otherwise use the Site, Mobile App Maker Pro Materials, Mobile App Maker Pro Services, or User Materials to attempt to distribute malware;
    10. Impersonate or misrepresent your affiliation with any person or entity; or
    11. Encourage or authorize any third party to engage in any of the forgoing prohibited activities.

3.  Indemnification. You agree to defend, indemnify and hold Mobile App Maker Pro and its affiliates, subsidiaries, and distribution partners and their respective personnel harmless from and against any third party claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Mobile App Maker Pro Services, Mobile App Maker Pro Materials, User Materials; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that User Materials caused damage to a third party, including, without limitation, claims that your User Materials is infringing; or (v) your use of the Usage Data.

  1. Disclaimer. THE SITE, Mobile App Maker Pro SERVICES, Mobile App Maker Pro MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR Mobile App Maker Pro SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND. Mobile App Maker Pro EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, Mobile App Maker Pro SERVICES, Mobile App Maker Pro MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR Mobile App Maker Pro SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, Mobile App Maker Pro MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE, Mobile App Maker Pro SERVICES, Mobile App Maker Pro MATERIALS, USER MATERIALS OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR Mobile App Maker Pro SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM YOUR USE OF THE SITE OR Mobile App Maker Pro SERVICES; OR (III) A DEVELOPED SMARTPHONE APPLICATION WILL BE ACCEPTED AND/OR MADE AVAILABLE BY A PROVIDER IF YOU CHOOSE TO DISTRIBUTE YOUR DEVELOPED SMARTPHONE APPLICATION THROUGH A PROVIDER. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Mobile App Maker Pro OR ASSOCIATED PERSONNEL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, Mobile App Maker Pro SERVICES, Mobile App Maker Pro MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR Mobile App Maker Pro SERVICES, INCLUDING, WITHOUT LIMITATION, INJURY, OR DAMAGES RESULTING FROM THE CONDUCT OF ANY END USER, ONLINE OR OFFLINE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY WHETHER OR NOT Mobile App Maker Pro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Mobile App Maker Pro WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS RELATING TO THE SITE, Mobile App Maker Pro SERVICES, Mobile App Maker Pro MATERIALS, OR SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Mobile App Maker Pro'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF SERVICE WILL NOT EXCEED THE GREATER OF (I) TWENTY FIVE DOLLARS ($25.00 USD) OR (II) THE TOTAL AMOUNT OF FEES PAID BY YOU TO Mobile App Maker Pro IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
  3. Force Majeure. Mobile App Maker Pro will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet, or extraordinary connectivity issues experienced by telecommunications providers or connectivity to the internet or failure at a Mobile App Maker Pro co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Mobile App Maker Pro will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Mobile App Maker Pro may reasonably require to recover from the effects of such Force Majeure Event.
  4. Relationship of the Parties; No Third Party Beneficiary. Notwithstanding any provision hereof, for all purposes of these Terms of Service each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract. You acknowledge and agree you are not a third party beneficiary of these Terms of Service or any other any agreement between Mobile App Maker Pro and a third party and Mobile App Maker Pro is under no obligation to enforce any such agreement and disclaims any and all liability relating thereto.
  5. Notice: Consent to Electronic Notice. You consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service (including notices regarding the security of your data); and (b) electronic records to store information related to these Terms of Service and your use of the Site and Mobile App Maker Pro Services. Any notice or other communication to be given hereunder will be in writing and given (i) by Mobile App Maker Pro via email (in each case to the address that you provide), (ii) a posting on the Site, or (iii) by you via email to info@mobileappmakerpro.com or to such other addresses as Mobile App Maker Pro may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
  6. Links to other Websites. The Site or Mobile App Maker Pro Services may provide links to websites other than www.mobileaappmakerpro.com. Such links are provided primarily for reference only, and Mobile App Maker Pro neither controls such websites.  www.mobileappmakerpro.com may recommend products for result of affiliate commission using other websites.  Sean M. is not responsible for the activities or such sites, and has no liability to you for any harms, injuries, or losses you might suffer as a result of using or accessing such websites. 
  7. Non-Solicitation. During the term of these Terms of Services and for a period of twelve (12) months thereafter, Registered User will not recruit or otherwise solicit for employment any Mobile App Maker Pro employees or subcontractors who participated in the performance of Development Services.
  8. Assignment. You may not assign or transfer these Terms of Service (by operation of law or otherwise) without the prior written consent of Mobile App Maker Pro and any prohibited assignment will be null and void. Sean M. may assign these Terms of Service or any rights hereunder without your consent. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties' permitted successors and assigns.
  9. Miscellaneous. In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. These Terms of Service will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Mobile App Maker Pro's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Mobile App Maker Pro. These Terms of Service together with the rules and policies of Mobile App Maker Pro incorporated herein by reference constitute the entire agreement between Mobile App Maker Pro and you with respect to the subject matter of these Terms of Service.

 

Questions. If you have questions about these Terms of Service please contact Mobile App Maker Pro by emailing us at info@mobileappmakerpro.com.