APPsolute.software

Terms and Conditions

This Website is provided by the company APPsolute.software, having its office at Marnixstraat 46b in (1015VT) Amsterdam. The Chamber of Commerce (KvK) registration number is 57242011 and the VAT number NL852497866B01. APPsolute.software is also referred to here with we/us/our.

 

1. Definitions

1.1. Account: account for the Website

1.2. APP: smartphone (iOS, Android and Amazon) application created using our Services

1.3. Design Studio: functionality on the Website with which Customers can manage and modify their APPs

1.4. App Stores: the third party platforms – as included within the Account – via which APPs can be made available for download. Currently this concerns the Apple AppStore, Google Play and the Amazon Store

1.5. Customer: the individual (acting in professional capacity), company or other organisation having an Account, also referred to as ‘you’ in the relevant sections of these Terms.

1.6. Services: the services available on the Website, including but not limited to the Account, APPs and Design Studio

1.7. Terms: these General Terms of Service

1.8. User Agreement: the agreement between Customer and APPsolute.software for the use of Services, incorporating these Terms

1.9. Website: www.appsolute.software, including all subdomains thereof, Accounts and Services.

2. Applicability

2.1. These Terms apply to all use of the Website and to the User Agreements.

2.2. We can amend these Terms from time to time and will inform our Customers thereof. Customers will be able to object to such amendments within one month. After that period the amended Terms will come into effect, replacing the earlier Terms.

 

3. Using the Website

3.1. Whenever you use the Website, you will make sure that your use is in line with the applicable laws and regulations and does not infringe any right or cause damage in any way. It is also your responsibility to use a secure device and internet connection when using the Website. You shall never engage in activities outside of the normal use of the Website, such as activities that may disrupt the Website, its integrity or functioning; or reverse engineering.

3.2. We can amend the content and functionalities of the Website from time to time. If functionalities are expanded, use of new or expanded functionalities may be subject to additional fees.

3.3. Whenever you are requested on the Website to provide details (e.g. for placing orders) you shall provide such details correctly. If you have an Account you shall keep your Account details up to date. You shall also choose a safe password. Use of the Services is limited to the Customer that signed up for the Account. If you have a reason to believe that others have access to your Account, you must inform us immediately.

4. Order an APP or other Service and get an Account

4.1. You can order an APP or other Service following the instructions on the Website. Our Services are for business and other professional use only, including non-profit organisations (all together: business). Consumers are not allowed to order or use any of our Services. By ordering a Service, you confirm that you are a business user.

4.2. When you finalise and place an order via the Website, the User Agreement for the ordered Service comes into effect and you will receive an e-mail confirming your order. Each confirmation mail is a copy of the User Agreement for the ordered Service.

4.3. When we have confirmed your order, we will create an Account and start with the ordered Service. This will be based on the input you provided during the order process. Once the ordered APP or other Service is ready we will send you an e-mail with the necessary details to access your APP, other Services and Account.

4.4. We retain the right to reject an ordered APP and/or other Service within 48 hours after the confirmation mail, if the requested APP and the input provided for it are clearly not in conformity with the App Store acceptance policies; or would cause serious harm to our reputation. This however does not mean that we review your content and APP for compliance with App Store policies. If we reject an ordered Service based on this paragraph, we will refund the fees paid for that Service.

4.5. Once an APP is delivered you will be able to manage and modify it using the Design Studio, within the possibilities and options as included on the Website. We provide you with basic support for the Design Studio through the chat Service on the Website.

5. Customer’s responsibility for APPs

5.1. The Services do not provide for legal compliance of APPs; the Customer itself is responsible for and must ensure compliance of its APP and the related ordering and downloading process with e-commerce, data privacy and other applicable laws and regulations, as well as applicable policies and conditions of the relevant App Stores. We exclude all liability in that regard.

5.2. Customer will ensure and warrants that its APPs or any other of its use of the Website do not infringe (i) any third-party intellectual or industrial property rights, nor (ii) any applicable laws and regulations. Customer will indemnify APPsolute.software against any third-party cause of action based on such (alleged) infringement, including enforcement actions by competent authorities.

6. Fees

6.1. Applicable fees and accepted payment methods are specified on the Website.

6.2. Unless we expressly specify otherwise, the fees for our Services are non-refundable and orders cannot be annulled. This is because most of our Services include design activities and/or are otherwise custom made. Also, we start performing straight away when the order is confirmed.

6.3. When you have ordered an APP, you will have a 30 day free trial period for using the Design Studio. This trial period starts on the moment we send the e-mail confirming the order of your APP. If you delete the APP within this trial period, you will not incur further costs. If the free trial period lapses without such deletion, we will charge you the monthly subscription fee, as indicated on the Website.
6.4. If Customer deletes its APP after the free trial period, no new subscription payments related to this APP will be processed starting 24 hours after the APP is deleted. Please note that payment of subscription fees for the following period may be processed up to five working days prior to the start of that period.

6.5. Payment of our fees does not guarantee that a submitted APP will also be published in the App Stores, this depends on acceptance by the App Stores.

6.6. We reserve the right to amend our fees from time to time.

7. App Stores

7.1. The availability of your APP in App Stores depends on acceptance of it by the various App Stores. Any non-acceptance or later rejection by App Stores at any point of time is for your own risk. We cannot influence the App Stores and their actions and therefore exclude all liability in relation thereto. Customer shall study the policies and conditions of the App Stores and make sure its APP complies with them at all times. Please note that App Stores may amend their policies and conditions from time to time.

7.2. If for whatever reason an App Store does not accept an APP when it is submitted, and poses additional conditions and input in relation to such APP, this will not be covered by our standard Services and APPsolute.software reserves the right not to proceed with the submission, remove the APP and close the Account. The same applies in case of later rejection by App Stores.

7.3. All contacts with App Stores will be handled via APPsolute.software. Customers shall not enter into direct contact with App Stores in relation to their APPs.

8. Other third parties
8.1. We may engage other third parties (suppliers) in the provision of the Website.
8.2. The Website may contain links to websites of third parties. Such links are suggestions only. We have no influence on such third party websites and are not responsible or liable for what happens on such third party websites. Your visit and use of such website will be governed by that website’s own terms and conditions. We recommend you study the legal documents of such third party websites.

 

9. Closing an Account

9.1. An Account and related User Agreement will remain in effect until the Account is closed in accordance with these Terms.

9.2. Customer may close its Account at any moment and without giving a reason, by clicking on the ‘close account’ button within the Account. Customer may be required to delete all APPs, before being able to close the Account.

9.3. When Customer has successfully closed the Account, we will send a confirmation thereof and close the Account on the day after the last day of the period for which a subscription payment has been processed. Payment may be processed up to five working days prior to the start of a new period.

9.4. We can close an Account with a notice period of three months, for any reason and without the obligation to give such reason. If a Customer does not comply with the User Agreement or these Terms, we can close its Account with immediate effect. Our notice for closing an Account is sent via e-mail.

9.5. On the moment the closing of the Account is effective, the Account and all related APPs will be permanently deleted, also from the App Stores such APP has been submitted to and/or published in. You will no longer be allowed to use the APPS, once your related Account is deleted.

9.6. Closing an Account will result in termination (‘opzegging’ under Dutch law) of the related User Agreement, including any license granted under such User Agreement. This termination comes into effect on the moment of deletion of the Account. After such termination, all clauses that by nature have post-contractual effect will remain in effect. Furthermore, these Terms remain applicable to any other use of the Website.

 

10. Intellectual Property

10.1. You will not use the Website in any way that infringes (intellectual or industrial) property rights or other rights of us or of third parties.
10.2. All (intellectual and industrial) property rights on the Website (including but not limited to content and underlying software) will at all times remain with us or our licensors. Customers will have a license to use the Website in line with the User Agreement and these Terms. You will not be allowed to use the Website to directly or indirectly develop competing products and/or services and you will not be allowed to resell or resupply APPs and/or any other part of the Services, nor to use the Services on behalf of any third party. The Customer’s license to use is non-exclusive and non-transferable. Any breach of this clause will be considered a material breach incapable of remedy.
10.3. Customer provides APPsolute.software a license to use its trademarks and tradename as well as (parts of) its APPs to publish or otherwise provide overviews and examples of (some of) its Customers and APPs, for promotional purposes.

11. Disclaimer
11.1. While we strive for maximum availability and functionality, we cannot guarantee that the Website will always be available and work perfectly. We appreciate all your related feedback.

11.2. We are not liable for any material (APPs or other) from Customers on the Website. We reserve the right remove or amend Customer’s materials from the Website without notice and without incurring any liability in relation thereto.

11.3. We will never be liable for any of the following losses or damage (whether or not such losses or damage were foreseen, direct, indirect foreseeable, known or otherwise): (i) loss of; profits (whether actual or anticipated); revenue; anticipated savings; business; opportunity; or goodwill; or (ii) any indirect, special or consequential loss or damage howsoever caused.

11.4. Subject to the above, our total aggregate liability arising out of or in connection with the Website (whether for tort, breach of agreement, breach of statutory duty or otherwise) will in no event exceed the fees paid or payable by Customer in the 3 month period immediately before the date of the event giving rise to Customer’s claim.

11.5. To the extent all or some portion of the exclusion or limitation of liability is not valid under applicable law, liability is limited to the greatest extent permitted by applicable law.

11.6. No party shall be obliged to perform any obligation if it is prevented from doing so by a situation of force majeure. “Force majeure” shall include but not be limited to strikes and lockout, war, hacker attacks, electricity or machine fall-out, interrupted telecommunication facilities, as well as a situation of force majeure for APPsolute.software’s suppliers and any unavailability of an essential supplier’s services.

12. Privacy
12.1. We process personal data in accordance with our Privacy Statement[http://www.appsolute.software/privacy/]

13. Miscellaneous

13.1. Dutch law applies to these Terms, your use of the Website and any User Agreement.
13.2. The Website, these Terms and the User Agreement are only available in English.
13.3. Any conflict in relation to the Website, which cannot be solved amicably, will be exclusively submitted to the competent court in Amsterdam.

13.4. If any provision of the User Agreement or these Terms is held to be invalid under any applicable laws or regulations, that invalidity will not affect the rest of the User Agreement or Terms, which will remain valid and enforceable.
13.4. If any provision of the User Agreement or these Terms is held to be invalid under any applicable laws or regulations, that invalidity will not affect the rest of the User Agreement or Terms, which will remain valid and enforceable.
14. Contact
14.1. You can reach us by e-mail on made@appsolute.software or by phone on +31 622 69 68 65.
14.2. We welcome any feedback on the Website, but cannot promise that we implement all your suggestions.
14.3. Whenever we send you an e-mail, we will use the e-mail address as registered in your Account data on that moment.