1. Your Account and Mobile AppIf 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.
2. Responsibility of ContributorsIf 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:
- 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;
- the Content is not aggregated or copied from third party sites, even if the source is mentioned, unless proof of authorization from the original content owner can be provided;
- 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;
- 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;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- 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);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your app is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other apps and websites, and similar unsolicited promotional methods;
- your app is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your app’s name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 50pixels or otherwise.
3. Payment and Renewal.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. For services where a “60 days guarantee” is explicitly offered, including our main license and monthly services fees, payments are refundable within 60 days from your order. Any one-off, service, graphic design or customisation fees paid are not refundable. 50pixels reserves the right to change the payment terms and fees upon 30 days prior written notice to you. 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.
4. Responsibility of App users.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.
5. Copyright InfringementAs 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.
6. Intellectual PropertyThis 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.
7. Attribution & Advertisements50pixels 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. 50pixels reserves the right to display advertisements on your app unless you have purchased a plan that includes the removal of ads.
8. Third Party Services.You may enable third party services (like Google Firebase, Analytics, Admob, Onesignal), products, software (like themes or plugins, scripts), SDKs or applications developed by a third party or yourself (“Third Party Services”) in your app. If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by 50pixels.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your app, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
9. Reselling the ServicesReselling 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:
- Access to, and use of, the Services by a third party granted access by you (“Your Customer”): (a) does not in any way diminish your strict obligation to ensure compliance with the terms of this Agreement; and (b) does not in any way diminish 50pixels’s right to enforce the terms of this Agreement, without liability to you or the Customer, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability of Your Customer to use the Services.
- You hereby agree to indemnify and hold harmless, on an actual indemnity basis, 50pixels, from and against all costs, expenses, losses and liabilities arising in any way (including under statute, the law of tort, equity or any other theory of law whatsoever) from or in relation to use of the Services by Your Customer and all other acts and omissions of Your Customers otherwise taking place on or in relation to the Services.