Last Update: 01/06/2022
1. Use of the Services and Applications Studio Properties.
The Applications Studio Mobile Application, Platform, the Website, the Services, and the information and content available on the Website and in the Applications Studio Application, Platform, and the Services (as these terms are defined herein) (collectively, the “Applications Studio Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Applications Studio grants you a limited license to reproduce portions of Applications Studio Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Applications Studio in a separate license, your right to use any Applications Studio Properties is subject to the Terms.
1.1. Description of Services.
The Services consist of a mobile app development platform designed to allow you and/or your business to create and develop Apps operated by Apple App Store and Google Play Store. We provide you with tools, including designs, templates, and layouts, to create and publish your App(s) through the Apple App Store and Google Play Store.
1.2. Updates.
You understand that Applications Studio Properties are evolving. As a result, Applications Studio may require you to accept updates to Applications Studio Properties that you have installed on your computer or mobile device.
2.1. Registering Your Account.
In order to access certain features of Applications Studio Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Applications Studio Platform (“Account”).
2.2. Your Account and Developed Apps.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Apps are and shall forever be owned by and inure to the benefit of Applications Studio Inc.
2.3. Necessary Equipment and Software.
You must provide all equipment and software necessary to connect to Applications Studio Properties, including but not limited to, a mobile device that is suitable to connect with and use Applications Studio Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Applications Studio Properties.
3.1. Types of Content.
You acknowledge that all files, materials, data, text, audio, video, images or other content, including Applications Studio Properties (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Applications Studio, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Applications Studio Properties (“Your Content”), and that you and other Users of Applications Studio Properties, and not Applications Studio, are similarly responsible for all Content they Make Available through Applications Studio Properties (“User Content”).
3.2. No Obligation to Pre-Screen Content.
You acknowledge that Applications Studio has no obligation to pre-screen Content (including, but not limited to, User Content), although Applications Studio reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Applications Studio pre-screens, refuses or removes any Content, you acknowledge that Applications Studio will do so for Applications Studio’s benefit, not yours. Without limiting the foregoing, Applications Studio shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
3.3. Storage.
Applications Studio has the obligation to store all of Your Content that you Make Available on Applications Studio Properties. Applications Studio has the responsibility or liability for the deletion or accuracy of any Content, including Your Content, and is responsible for the security, privacy, storage, or transmission of your content through the Applications Studio Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You agree that Applications Studio retains the right to create reasonable limits on Applications Studio’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Applications Studio in its sole discretion.
4.1. Applications Studio Properties.
Except with respect to Your Content and User Content, you agree that Applications Studio and its suppliers own all rights, title and interest in Applications Studio Properties (including but not limited to, any apps on Apple App Store, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Applications Studio Platform, and Applications Studio software clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Applications Studio Properties.
4.2. Other Content.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Applications Studio Properties.
4.4. Your Content.
Applications Studio does not claim ownership of Your Content. However, when you post or publish Your Content on or in Applications Studio Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
4.5. License to Your Content.
Subject to any applicable account settings that you select, you grant Applications Studio a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Applications Studio Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Applications Studio Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Applications Studio, are responsible for all of Your Content that you Make Available on or in Applications Studio Properties.
4.6. Feedback.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Applications Studio through its suggestion, feedback, is at your own risk and that Applications Studio has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Applications Studio a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Applications Studio Properties.
As a condition of your use of the Applications Studio Properties, you agree not to use Applications Studio Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Applications Studio Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Applications Studio’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Applications Studio; (vi) interferes with or attempt to interfere with the proper functioning of Applications Studio Properties or uses Applications Studio Properties in any way not expressly permitted by the Terms; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Applications Studio Properties, including but not limited to violating or attempting to violate any security features of Applications Studio Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Applications Studio Properties, introducing viruses, worms, or similar harmful code into Applications Studio Properties, or interfering or attempting to interfere with use of Applications Studio Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Applications Studio Properties.
Applications Studio may, but is not obligated to, monitor or review Applications Studio Properties and Content at any time. Without limiting the foregoing, Applications Studio shall have the right, in its sole discretion, to (a) remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law and/or (b) suspend and/or terminate your Account or any App developed using the Services.
7.1. User Responsibility.
You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services or your Apps, including your customers; provided, however, that Applications Studio reserves the right, but has no obligation, to intercede in such disputes. You agree that Applications Studio will not be responsible for any liability incurred as the result of such interactions.
7.2. Content Provided by Other Users.
Applications Studio Properties may contain User Content provided by other users. Applications Studio is not responsible for and does not control User Content. Applications Studio has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
8.1. Third-Party Websites, Applications Studio Applications & Ads.
Applications Studio Properties may provide access to and/or contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications Studio Applications”) and advertisements for third parties ( “Third-Party Ads”). When you click on a link to or otherwise access a Third-Party Website, Third-Party Applications Studio Application or Third-Party Ad, we will not warn you that you have left Applications Studio Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications Studio Applications and Third-Party Ads are not under the control of Applications Studio. Applications Studio is not responsible for any Third-Party Websites, Third-Party Applications Studio Applications or Third-Party Ads. Applications Studio provides these Third-Party Websites, Third-Party Applications Studio Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications Studio Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications Studio Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications Studio Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
8.2. App Stores.
You acknowledge and agree that the availability of the Applications Studio Application, the Services, and any Apps, is dependent on the third party from whom you received the Applications Studio Application or App license, e.g., the Apple App Store or Google Play (“App Stores”). You acknowledge that the Terms are between you and Applications Studio and not with the App Stores. Applications Studio, not the App Stores, is solely responsible for Applications Studio Properties, including the Applications Studio Platform, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Applications Studio Platform, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Stores in connection with Applications Studio Properties, including the Applications Studio Platform or any App. You agree to comply with, and your license to use the Applications Studio Platform and any Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Applications Studio Properties, including the Applications Studio Platform. You acknowledge that the App Stores (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
9.1. General Purpose of Terms: Sale of Service, not Software.
The purpose of the Terms is for you to secure access to the Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Applications Studio’s Software, and, furthermore, any use of Applications Studio’s Software by you in furtherance of the Terms will be considered merely in support of the purpose of the Terms.
9.2. Payment.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Applications Studio with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Applications Studio with your credit card number and associated payment information, you agree that Applications Studio is authorized to immediately invoice your Account for all fees and charges due and payable to Applications Studio hereunder and that no additional notice or consent is required. You agree to immediately notify Applications Studio of any change in your billing address or the credit card used for payment hereunder. Applications Studio reserves the right at any time to change its prices and billing methods, either immediately upon posting on Applications Studio Properties or by e-mail delivery to you. The only exception to this would be if Applications Studio has a contract in writing stating otherwise - a fixed period of time as a subscription.
9.3. Service Subscription Fees.
You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription package. Except as set forth in the Terms, all fees for the Services are non-refundable.
9.4. Taxes.
Applications Studio’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Applications Studio, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Applications Studio for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Applications Studio is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
9.5. Automatic Renewal.
Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Applications Studio’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at least (a) thirty (30) days prior to the Renewal Commencement Date (or in the event that you receive a notice from Applications Studio that your subscription will be automatically renewed, you will have thirty days from the date of the Applications Studio notice), by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact Applications Studio at contact@applications.studio or log in and go to the “Account” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Applications Studio to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Applications Studio does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Applications Studio may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
9.6. Disputes.
You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: contact@applications.studio
You agree to indemnify and hold Applications Studio, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Applications Studio Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Applications Studio Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Applications Studio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Applications Studio in asserting any available defenses. This provision does not require you to indemnify any of the Applications Studio Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Applications Studio Properties.
11.1. As Is.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Applications Studio PROPERTIES IS AT YOUR SOLE RISK, AND Applications Studio PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Applications Studio PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR APPS.
11.1.1. Applications Studio PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) Applications Studio PROPERTIES OR ANY APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF Applications Studio PROPERTIES OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF Applications Studio PROPERTIES OR APPS WILL BE ACCURATE OR RELIABLE.
11.1.2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH Applications Studio PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS Applications Studio PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
11.1.3. THE SERVICES AND APPS MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Applications Studio MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
11.1.4. From time to time, Applications Studio may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Applications Studio’s sole discretion. The provisions of this section apply with full force to such features or tools.
11.2. No Liability for Conduct of Third Parties.
YOU ACKNOWLEDGE AND AGREE THAT Applications Studio PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Applications Studio PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY THIRD-PARTY ACCOUNT PROVIDER OR ANY OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
11.3. No Liability for Conduct of Other Users or Customers.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF Applications Studio PROPERTIES OR ANY USERS OF YOUR APPS, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND THAT Applications Studio DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF Applications Studio PROPERTIES.
12.1. Disclaimer of Certain Damages.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Applications Studio PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH Applications Studio PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT Applications Studio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS (INCLUDING THE SERVICES AND THE APPS), OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF Applications Studio PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE Applications Studio PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH Applications Studio PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Applications Studio PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO Applications Studio PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A Applications Studio PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A Applications Studio PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A Applications Studio PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. [UK: Applications Studio DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY Applications Studio’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.]
12.2. Cap on Liability.
UNDER NO CIRCUMSTANCES WILL Applications Studio PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Applications Studio by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A Applications Studio PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A Applications Studio PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A Applications Studio PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
12.3. User Content.
EXCEPT FOR Applications Studio’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE Applications Studio’S PRIVACY POLICY, Applications Studio ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
12.4. Basis of the Bargain.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Applications Studio AND YOU.
It is Applications Studio’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Applications Studio by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Applications Studio Properties in a way that constitutes copyright infringement, please contact us at contact@applications.studio
14.1. Violations.
If Applications Studio becomes aware of any possible violations by you of the Terms, Applications Studio reserves the right to investigate such violations. If, as a result of the investigation, Applications Studio believes that criminal activity has occurred, Applications Studio reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Applications Studio is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Applications Studio Properties, including Your Content, in Applications Studio’s possession in connection with your use of Applications Studio Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Applications Studio, its Users or the public, and all enforcement or other government officials, as Applications Studio in its sole discretion believes to be necessary or appropriate.
14.2. Breach.
In the event that Applications Studio determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for Applications Studio Properties, Applications Studio reserves the right to:
14.2.1. Warn you via e-mail (to any e-mail address you have provided to Applications Studio) that you have violated the Terms;
14.2.2. Delete any of Your Content provided by you or your agent(s) to Applications Studio Properties;
14.2.3. Discontinue your registration(s) with the any of Applications Studio Properties, including any Services or any Applications Studio community;
14.2.4. Discontinue your subscription to any Services;
14.2.5. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
14.2.6. Pursue any other action which Applications Studio deems to be appropriate.
15.1. Term.
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Applications Studio Properties, unless terminated earlier in accordance with the Terms.
15.2. Prior Use.
Notwithstanding the foregoing, if you used Applications Studio Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Applications Studio Properties (whichever is earlier) and will remain in full force and effect while you use Applications Studio Properties, unless earlier terminated in accordance with the Terms.
15.3. Termination of Services by Applications Studio.
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Applications Studio is required to do so by law (e.g., where the provision of the Website, the Applications Studio Application, the Software or the Services is, or becomes, unlawful), Applications Studio has the right to, immediately and without notice, suspend or terminate any Services provided to you, including any Apps. You agree that all terminations for cause shall be made in Applications Studio’s sole discretion and that Applications Studio shall not be liable to you or any third party for any termination of your Account.
15.4. Termination of Services by You.
If you want to terminate the Services provided by Applications Studio, you may do so by (a) notifying Applications Studio at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to Applications Studio’s address set forth below. THE SERVICES WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION AS ALLOWED FOR UNDER THESE TERMS.
15.5. Effect of Termination.
Termination of the Services includes removal of access to the Services, including any Apps developed through the Services, and barring of further use of the Service or Apps. Termination of all Services also includes deletion of your information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Applications Studio will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
15.6. No Subsequent Registration.
If your registration(s) with or ability to access Applications Studio Properties, or any other Applications Studio community is discontinued by Applications Studio due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Applications Studio Properties or any Applications Studio community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Applications Studio Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Applications Studio reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
Applications Studio Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Applications Studio intends to announce such Services or Content in your country. Applications Studio Properties are controlled and offered by Applications Studio from its facilities in the United States of America. Applications Studio makes no representations that Applications Studio Properties are appropriate or available for use in other locations. Those who access or use Applications Studio Properties from other countries do so at their own volition and are responsible for compliance with local law.
17.1. Choice of Law.
This Agreement will be deemed to have been made in, and shall be construed pursuant to the laws of the State of North Carolina and the United States without regard to conflicts of laws provisions thereof. Any suit or proceeding arising out of or relating to this Agreement shall be commenced in a federal or state court in Raleigh, North Carolina, and each party irrevocably submits to the jurisdiction and venue of such courts.
17.2. Remedies.
Company reserves all remedies available at law or equity for any disputes that arise under this Agreement. In the event of a suit or proceeding under this Agreement, Client agrees to pay all attorneys’ fees if the federal or state court renders judgment substantially in Company’s favor..
17.3. Final.
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Version 1.0.3 - 01/06/2022
© 2022 - Applications Studio Inc.
