Easy App Design, LLC. - Terms and Conditions

The following terms and conditions are expressly agreed upon and govern any and all uses of Easy App Design, LLC Website, App User Interface as well as any and all services or products offered by Easy App Design, LLC (hereon referred to as the ‘service’ or ‘services’) The Service is owned and operated by Easy App Design, LLC (‘Easy App Design’). The Service is not considered a valid service without your acceptance free of modifications of all of the terms and conditions contained herein. These terms (this Agreement) constitute a binding legal agreement between you (you, your) and Easy App Design, LLC located at 602 S Broadway, Lexington, KY 40508. All terms will be governed by the laws of the State of Kentucky, USA.

Please read this Agreement carefully before using the service provided by Easy App Design, LLC. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this 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.

Liability

1.1. This product is not permitted for use by individuals under the age of 13 years.

1.2. Neither we nor any third parties provide any warranty of guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

1.3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

1.4. We accept no responsibility for and cannot be held liable for any losses arising from loss of data or the compromising of sensitive data as a result of actions beyond our control, including (but not limited to) hardware failure, software failure, or malicious attacks by third parties. In particular, you understand and acknowledge as reasonable that we shall not be liable to you for any claim, loss, liability and/or expense whatsoever which directly or indirectly results from the misuse of your financial information provided by you to us provided that this limitation of liability shall not apply to any fraudulent action on our part, or to any type of liability the limitation of which is not permitted by this Agreement.

1.5. We cannot be held liable for any errors or inaccuracies in our databases, or any loss that may arise from your acting on information provided by us. Inclusion does not constitute recommendation and any action you undertake in relation to any information provided by us is undertaken entirely at your own risk. No refunds can be given for the provision of inaccurate information.

1.6. Delay in delivery and non-delivery - We will not be liable to you for any delay and/or failure to fulfill any obligation imposed on us by this Agreement where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labor disputes or malicious damage involving employees.

1.7. You acknowledge and accept as reasonable that we shall have no liability whatsoever to you for any loss, claim, damages and/or expense of any kind arising whether directly or indirectly out of the termination of use by you and/or by any third party of Easy App Design upon termination of this Agreement (each such loss, claim, damages and/or expense a Termination Loss). We recommend that you protect yourself against any Termination Loss by inserting appropriate provisions into your terms of use with any user of your App, and you undertake to indemnify and keep us indemnified against any and all Termination Losses.

1.8. Disclaimer of Warranties. The Service is provided “as is”. Easy App design 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 Easy App Design nor its suppliers and licensors, makes 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.

1.9. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the Easy App Design 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 including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

1.10. Indemnification. You agree to indemnify and hold harmless Easy App Design, 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.

Licenses & Easy App Design, LLC. product rights

2.1 This website contains material which is owned by or licensed to us. This material includes but is not limited to the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

2.2. We reserve the exclusive right and prerogative to retain, maintain, archive, protect, use, or store any and all data or information, without regard as to time or duration, as it may deem reasonable or necessary in the pursuit of our business or interests, or in protecting such business or interests, notwithstanding the termination or cessation of your relationship with us.

2.3. Accordingly, you acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to Easy App Design, and in each App, including any intellectual property rights which subsist in Easy App Design and/or any App (whether those rights happen to be registered or not, and wherever in the world those rights may exist), excluding User Content. You further acknowledge that Easy App Design may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

2.4. Unless you have agreed otherwise in writing with us, nothing in this Agreement gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within Easy App Design.

2.5. In consideration of the fulfillment by you of the obligations imposed on you by this Agreement, we grant you a personal, non-exclusive, non-assignable, non-transferable and non-sublicensable license for the duration of this Agreement to use Easy App Design and each App solely and strictly for your own use.

2.6. Changes: Easy App Design 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. Easy App Design 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.

Usage and User Responsibility

3.1. Unauthorized use of this service may give rest to a claim for damages and/or be a criminal offense.

3.2. You represent and warrant to us that any and all information provided by you is true, accurate and complete. You undertake to notify us promptly of any changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We reserve the right to decline any application from you to register as a user of Easy App Design in our sole discretion and/or to suspend your use of Easy App Design where we in our sole discretion believe that you are in breach of any provision of this Agreement.

3.3. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Easy App Design. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account, as determined, noted, or recorded by us. Such determination, notation, and record shall be at our sole discretion, and shall serve as conclusive proof of the facts stated therein and to which they attest

3.4. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at support@easyappdesign.com.

3.5. You agree not to access (or attempt to access) any part of Easy App Design by any means other than through the interface that is provided by us. You specifically agree not to access (or attempt to access) any part of Easy App Design through any automated means, including use of scripts, robots, spiders, scrapers or web crawlers. You agree that you will not (a) take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works (other than Apps) distribute or publicly display any part of Easy App Design without prior written consent from us and any third party determined by us as appropriate; (c) interfere or attempt to interfere with the proper working of Easy App Design or any activities conducted via Easy App Design; (d) bypass any measures we may use to prevent or restrict access to Easy App Design; and (e) attempt to reverse engineer, decompile or otherwise seek to obtain access to the source code in Easy App Design and/or any App.

3.6. You agree that you will not engage in any activity that interferes with or disrupts Easy App Design, or the servers and networks which are connected to Easy App Design.

3.7. Customer Support - No liability is accepted and no refunds will be made for a delay in responding or non-delivery of emails and other communications sent to or by Easy App Design.

3.8. User Content- we may offer you the ability to store information on Easy App Design, such as text, images, audio & video etc. (any and all such content, together with all other content provided by you in your use of Easy App Design and any App, User Content). This facility is provided for convenience only and should not be relied upon as the sole repository of any important information. It is your responsibility to back-up and keep your own copy of any User Content you wish to keep. We cannot be held liable for any loss of User Content. User Content cannot be retrieved and will not be supplied if an account is inactive or terminated. Upon termination of this Agreement, including by your canceling your Easy App Design account, you will immediately lose access to any stored User Content. We will endeavor to retain User Content for at least three months following account closure, however this cannot be guaranteed. Where available, User Content can be recovered during this period by taking out a new subscription.

3.9. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any User Content and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

3.10. By uploading any User Content you represent and warrant that you have the lawful right to reproduce and distribute such User Content.

3.11. You agree that Uploading, downloading, posting, emailing or transmission by any other means of the User Content will not constitute or encourage a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law.

3.12. You agree that the User Content posted by you will not be objectionable, unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including rights of celebrity, privacy and intellectual property.

3.13. You shall indemnify us, without limitation and upon demand, against any cost, damages or expenses (including reasonable legal expenses) that may be incurred by us in respect of any claim or action that the operation or use of any User Content infringes intellectual property rights or is otherwise unlawful or objectionable.

3.14. Account Misuse- we reserve the right to close without warning any accounts being used for any purpose deemed by us, in our sole discretion, as breaching any term of this Agreement. Possible forms of misuse include, but are not restricted to the following; data theft - information provided by us is for the benefit of the individual subscriber only, and must not be shared, published, or otherwise disseminated in any way; password-sharing - the sharing of login details is strictly prohibited. Our system will detect and automatically suspend accounts being accessed from more than two separate locations in any given 24 hour period. In such a situation your account will be suspended but your subscription will remain active, and you will be supplied with new login details. Should the situation recur your account will be closed and your subscription will be cancelled; incorrect information - if the information you provide about yourself is false or incorrect you may be denied access to your account or your account may be closed. This applies in particular to the sign-up process where the use of a false or inaccurate email address, or one which cannot receive emails from us, will render you unable to activate your account, for which we accept no responsibility and for which no refunds will be issued. No refunds will be given for any accounts closed due to misuse.

3.15. You grant us the right to audit your use of Easy App Design, so as to ensure compliance by you with this Agreement.

3.16. You agree and acknowledge as reasonable that we may use any App created through your use of Easy App Design for such promotional and marketing purposes as we in our sole discretion may determine. For the avoidance of doubt, you agree and acknowledge that any such use by us does not constitute any endorsement for any such App, and/or any User Content contained within such App.

3.17. Once you have subscribed for a Payment Plan, you will be able to create Apps and submit them to app store distribution platforms. This submission will be via our developer accounts, and you acknowledge and agree as reasonable that any such use of our developer accounts does not constitute any endorsement for any such App and/or User Content contained within such App, or any guarantee or commitment on our part that such submission will result in such App being accepted for distribution by any such distribution platform.

3.18. 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.

3.19. 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.

3.20. 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.

3.21. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.

3.22. 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).

3.23. You App cannot be 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.

Payment Terms

4.1. Initial Pricing is defined at www.easyappdesign.com/pricing. In order to effect any payment, we will need to collect and store your credit card details. You acknowledge and agree that it is solely your responsibility to ensure that the details of such credit card are correct and up to date.

4.2. All prices are subject to change by us at any time, and will take effect from the moment any such change is notified on www.easyappdesign.com/pricing.

4.3. By Subscribing and publishing your App, you undertake and agree to pay for any service rendered, including but not limited to account creation, account upgrade, and the maintenance of your account, in line with the terms of each Payment Plan, as well as any fees that become payable under the terms of this Agreement, including but not limited to non-notification fees, disputed payment fees, and late payment fees and any and all Account Upgrade Fees.

4.4. Disputed Payments- By subscribing and using Easy App Design, you represent and warrant that you will honor all payments made and will not dispute any payments made, either through your bank, credit card company, or by any other means, other than by requesting a refund directly from us. It is your responsibility to ensure that payments you make are not reversed. Should any payment you make to us be reversed, either at your request or by your bank or other payment company, or because you have insufficient funds available, you agree to pay a disputed payment fee of $55.00 USD or amount in line with the currency of your subscription.

4.5. It is your responsibility to ensure you provide us with an email address capable of receiving emails from us, and non-receipt of emails informing you of the required payment will not nullify the debt or mitigate non-payment. If you do not receive the emails sent to you because your email address has changed without you having notified us of this fact Easy App Design will be head harmless and any and all fees associated with or resulting from an incorrect email address.

4.6. Late Payments- we do not offer a free credit facility. All payments must be settled when they become due. If any payment (or any part of any payment) owed by you under any of the terms of this Agreement remains unpaid at the end of the calendar month following the month your App will be taken down and removed. Any past due amounts could be recorded on your credit rating and may adversely affect your ability to obtain credit from banks and other lenders in the future. We reserve the right to collect outstanding amounts arising under any of the terms in this Agreement via the payment agreement established to pay for the Easy App Design at our discretion. By subscribing to Easy App Design you grant us the right to collect any such outstanding payments from your card. The collection of such outstanding amounts is subject to the same rules on disputed payments and late payments as ordinary payments.

4.7. In common with almost all direct debit or standing order arrangements, prior notification is not given before a payment is made, and it is your responsibility to ensure that there are sufficient funds available to your card to make the payment. We cannot be held liable for any additional charges you may incur as a result of, for instance, insufficient funds being available to your card.

4.8. 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 contracts over the remainder of the original term. At the end of the term, the contract will automatically renew indefinitely until explicitly cancelled. Cancellation must be issued via Easy App Design’s support addresses (support@easyappdesign.com). Any cancellation must be done ten (10) days prior to the end of the term to allow for adequate processing time.

4.9. Chargeback / Refund / Cancellation Policy- 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. All Easy App Design accounts begin a free trial which will allow you to evaluate the service. No credit card information is collected to initiate a free ‘set-up’ account, and charges will only be applied after your App is published. You will be charged regardless of use for the amount of time your App remains active. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error and we deem reasonably responsible, we will immediately credit your account or credit card account for the appropriate amount. 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.

Termination Clauses

5.1. When this Agreement terminates, you will no longer be able to use Easy app Design and the App you created will no longer be accessible or live. We will remove any and all such Apps from all app store distribution platforms, and any such App which has already been downloaded by or otherwise made available to any user will no longer function. You will be unable to retrieve any User Content from any such App after termination of this Agreement, in addition is that all such Apps and any and all Intellectual Property in such App belongs to us and/or our licensors, and you acknowledge that you understand this and agree to it as reasonable.

5.2. Cancellation- You may cancel your published App at any time by logging into your account and clicking the button/link provided for this purpose. We do not accept email requests for cancellation as these do not provide adequate proof of your identity and authority as accountholder. If you send an email requesting the cancellation of your account you will be directed to your profile settings within Easy App Design. Your account will not be cancelled from an email request and your subscription will not be stopped. You remain liable for any further payments made in the interim.

5.3. Subscription Failure- If a payment due to us fails to be made your Easy App Design account will be closed. Potential reasons for subscription payments failing include the card from which payments are made expiring, being cancelled, or having insufficient funds available. Up to three attempts may be made to process the transfer you arranged with them. If the final attempt fails then your account will be closed, usually within two working days. You will remain liable for this payment.

5.4. It is extremely important that you understand that while we grant you a license to use Easy App Design and the App design platform, these belong to Easy App Design. In particular, you do not own any App created by you through your use of Easy App Design, although you (or your licensors) will own any User Content contained in any App. It is important that you understand that when this Agreement terminates, your ability (and any other person's ability) to use any App created by you will terminate.

This Agreement constitutes the entire agreement between Easy App Design and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Easy App Design or by the posting by Easy App Design of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Kentucky, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kentucky, USA. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Kentucky, USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect Easy App Design’s original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Easy App Design may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.