Please read these Terms carefully. By using MobiLoud or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
Last updated: 5 May 2016
Through the MobiLoud software product, Fifty Pixels Ltd (“50pixels”) provides website operators and other individuals with a number of tools and resources (including this website) to enable them to create, publish, and manage mobile applications (the “Services”). The following terms and conditions govern all use of the Services and all content, services and products available at or through the MobiLoud website (taken together, the Website).
By posting updated versions of the Agreement on the Website, or otherwise providing notice to you, 50pixels may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the MobiLoud website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. MobiLoud will use reasonable efforts to make you aware of any changes to the terms of this Agreement. Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, 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 Website or use any services. If these terms and conditions are considered an offer by 50pixels, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you create an app on the Website, you are responsible for maintaining the security of your account and app, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the app.
You must not describe or assign keywords to your app in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 50pixels may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 50pixels liability.
You must immediately notify 50pixels of any unauthorized uses of your app, your account or any other breaches of security. 50pixels will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
The applications created using the Services will have to meet rules of the relevant app stores and marketplaces and in particular Apple’s App Store and Google Play. 50pixels does not guarantee in any way that apps built using the Services will be approved for publication by any third party.
If you operate an app, comment on your app, post material to your app, post links on the app, or otherwise make (or allow any third party to make) material available by means of the service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content or graphic materials (e.g. your logo) to 50pixels for inclusion on your app, you grant 50pixels a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your app.
Without limiting any of those representations or warranties, 50pixels has the right (though not the obligation) to, in 50pixels’s sole discretion (i) refuse or remove any app that, in 50pixels’s reasonable opinion, violates any 50pixels policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 50pixels’s sole discretion. 50pixels will have no obligation to provide a refund of any amounts previously paid.
General Terms. By signing up for the service and submitting an order you agree to pay 50pixels the one-time, monthly or annual fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated. A lifetime license (also called an “owned” or “one-time” license) includes support for 12 months from the day you sign up for the service and a usage license for the life of the product.
Cancellation and refunds. Services can be canceled by you at anytime on 30 days written notice to 50pixels. Any one-off, service, customisation, monthly or yearly fees paid are not refundable. Exclusively for services where a “30 days guarantee” is explicitly offered, fees are refundable only within 30 days from your order. 50pixels reserves the right to change the payment terms and fees upon 30 days prior written notice to you.
50pixels will not provide any refunds for any fees paid if your app is rejected by Google or Apple for reasons outside of MobiLoud's control, such as for suspected copyright violations or for not meeting the guidelines and rules set out by the companies for apps published on App Store and Google Play.
Automatic Renewal. Unless you notify 50pixels before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Support. The MobiLoud service includes access to email support and, for certain services, phone support. “Email support” means the ability to make requests for technical support and assistance by email at any time (with reasonable efforts by 50pixels to respond within one business day) concerning the use of the Services.
License. 50pixels hereby grants you a worldwide non-exclusive, personal, non-assignable license to use the Services for the duration of this agreement, exclusively in the conditions hereunder.
50pixels has not reviewed, and cannot review, all of the material, including computer software, posted to its customers’ apps, and cannot therefore be responsible for that material’s content, use or effects. 50pixels disclaims any responsibility for any harm resulting from the use by users of the Website or apps, or from any downloading by those users of content there posted.
As 50pixels asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MobiLoud violates your copyright, you are encouraged to notify 50pixels. 50pixels will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 50pixels will terminate a customer’s access to and use of the Website if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of 50pixels or others. In the case of such termination, 50pixels will have no obligation to provide a refund of any amounts previously paid to 50pixels.
This Agreement does not transfer from 50pixels to you any 50pixels or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 50pixels. 50pixels, MobiLoud, the MobiLoud logo, and all other trademarks, service marks, graphics and logos used in connection with MobiLoud, or the Website are trademarks or registered trademarks of 50pixels or 50pixels’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 50pixels or third-party trademarks.
50pixels retains all right, title and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “50pixels IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of the 50pixels IP shall inure to the benefit of 50pixels, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the 50pixels IP or the validity of our rights in and to the 50pixels IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said 50pixels IP. All rights in the 50pixels IP which are not expressly granted herein are reserved by 50pixels. You hereby agree to assign and do assign to 50pixels any modifications or derivative works of any Services made by you in contravention of the foregoing limitation.
50pixels reserves the right to display attribution links such as ‘Designed by MobiLoud’ or ‘Powered by MobiLoud’ in your app’s user interface. Such attribution links can be removed upon request and subject to payment of a white label fee or recurring fees charged to participate in our White Label or Reseller Programs or to subscribe to plans that include a Whitelabel feature.
Reselling of the Services to third parties is permitted exclusively subject to your participation in MobiLoud’s “Whitelabel Program”, also called “Reseller Program” or your purchase of a “Whitelabel Add-On”. The following conditions also apply:
If you wish to terminate this Agreement or your MobiLoud account (if you have one), you may simply contact 50pixels and request a cancellation of your account. Notwithstanding the foregoing, if you have purchased an app, your account can only be terminated by 50pixels if you materially breach this Agreement and fail to cure such breach within thirty (30) days from 50pixels’s notice to you thereof; provided that, 50pixels can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. 50pixels 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 50pixels nor its suppliers and licensors, makes any warranty that the Website 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 Website at your own discretion and risk.
In no event will 50pixels, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 50pixels under this agreement during the twelve (12) month period prior to the cause of action. 50pixels shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless 50pixels, 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 Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between 50pixels and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 50pixels, or by the posting by 50pixels of a revised version. The Agreement shall be governed by, interpreted and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) save that 50pixels has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 50pixels 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.
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