Standard Terms of Use Contractual Clauses

 

The following terms and conditions govern all use of Appinminute.com website and all content, services and products available at or through the website (collectively, the “Service”). The Service is owned and operated by Baadam Info Services Pvt. Ltd., a company incorporated in Ahmedabad – Gujarat, India. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Appinminute’s Privacy Policy) and procedures that may be published from time to time on this Site by Appinminute.

Please read this Agreement carefully before accessing or using the Service. By subscribing or by making an online payment for any part of our 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, you must not access or use any of our services.

1.1 Your Appinminute Account and Site

If you create a website or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your website or mobile application in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Appinminute may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Appinminute’s liability. You must immediately notify Appinminute of any unauthorized uses of your website, your mobile application, your account or any other breaches of security. Appinminute 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.

1.2 Responsibility of Contributors

If you operate a website, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, 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 or video 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;
  • 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, libelous or defamatory (more info on what that means), 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 website or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • Your website or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website’s URL or name is not the name of a person other than yourself or company other than your own; and

By submitting Content to Appinminute for inclusion on any services or applications provided by Appinminute, you grant Appinminute a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile application or website. If you delete Content, Appinminute will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Appinminute has the right (though not the obligation) to, in Appinminute’s sole discretion (1) refuse or remove any content that, in Appinminute’s reasonable opinion, violates any Appinminute policy or is in any way harmful or objectionable, or (2) terminate or deny access to and use of the Service to any individual or entity for any reason, in Appinminute’s sole discretion. Appinminute will have no obligation to provide a refund of any amounts previously paid.

1.3 Subscription Billing, Termination, Cancellation and Refund on One-Year Subscriptions

Appinminute offers one-year subscription, which entitles the original purchaser access to Appinminute Service for a period of exactly 1 year from the date of purchase. Appinminute also offers add-on plans for each app, which allows purchaser access to Appinminute’s additional services. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled. 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 Appinminute accounts begin with an obligation-free trial which will allow you to evaluate the service. No payment information is collected to initiate a free account, and charges will only be applied after explicit account purchase. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or for the appropriate amount. Any customer who disputes a payment that is found to be valid will be permanently blacklisted and barred from use of the Service. If Appinminute terminates your account because of a violation of our terms of service, Appinminute will not refund any portion of your license fees. Refunds are not applicable on rejection of your mobile application from any App Store or marketplace.

1.4 Custom Mobile Apps Development (For Our Making Plan)

Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, AP retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

1.5 Payment for Additional Services

Appinminute offers additional Consumable in-app purchases that includes, but not limited to, App Hosting, App Bandwidth, Submission, Re-submission, Account Manager, Unlimited Push Notifications, Additional Drivers & Moderators, which you can select depending on your needs. Once a payment or deposit is made for these services, it is non-refundable. Consumable in-app purchases are depleted but can be upgraded on need. It is pertinent to mention here that if Consumable in-app purchases are fully depleted and not upgraded, then this will lead to your app being locked for editing and viewing purposes.

1.6 Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Appinminute.com links, and that link to Appinminute.com. Appinminute doesn’t have any control over those non- Appinminute services and webpages, and is not responsible for their contents or their use. By linking to a non- Appinminute website or webpage, Appinminute does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Appinminute disclaims any responsibility for any harm resulting from your use of non- Appinminute websites and mobile apps.

1.7 Copyright Infringement and DMCA Policy

As Appinminute asks others to respect its intellectual property rights, it respects the intellectual property rights of others too. If you believe that material located on or linked to by Appinminute.com or any Appinminute social network or mobile application violates your copyright, you are encouraged to notify Appinminute about that. Appinminute will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Appinminute or others, Appinminute may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Appinminute will have no obligation to provide a refund of any amounts previously paid to Appinminute. This Agreement does not transfer from Appinminute to you any Appinminute or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Appinminute, Appinminute.com, the Appinminute.com logo, and all other trademarks, service marks, graphics and logos used in connection with Appinminute.com, or the Service are trademarks or registered trademarks of Appinminute’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Appinminute or third-party trademarks.

1.8 Changes

Appinminute 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. Appinminute 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.

1.9 Termination

Appinminute may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Appinminute.com account (if you have one), you may simply discontinue using the Service. Appinminute can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

1.10 Chargebacks

If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $100 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund.

1.11 Disclaimer of Warranties

The Service is provided “as is”. Appinminute 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 Appinminute 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.

1.12 Limitation of Liability

You expressly understand and agree that Appinminute shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Appinminute has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any bugs arising in the app; (vi) corruption of application, hacking attacks, security of the app or any other matter relating to the service; (vii) any rejection of your mobile application from any mobile application store or marketplace; (viii) for any amounts that exceed the fees paid by you to Appinminute under this agreement during the twelve (12) month period prior to the cause of action. Appinminute 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.

1.13 General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Appinminute 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 India 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.

1.14 Indemnification

You agree to indemnify and hold harmless Appinminute, its contractors, and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.

1.15 User Generated Apps & Websites

All apps & websites created on our platform are User Generated, Appinminute does not endorse and has no control over User Generated Apps & Websites submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content App created through the Site is not necessarily reviewed by Appinminute prior to posting in Market Place and does not necessarily reflect the opinions or policies of Appinminute. If at any time Appinminute chooses, in its sole discretion, to monitor the Marketplace, Appinminute nonetheless assumes no responsibility for User Generated Apps & Websites, no obligation to modify or remove any inappropriate or inaccurate User Generated Apps & websites, and no responsibility for the conduct of the user submitting any User Generated App and Website. Appinminute makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Marketplace. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated App & Website and to edit, restrict or remove any User Generated App & website for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated App & website from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated App & Website may be included, to access, view, store and reproduce the material for such user’s personal use.

1.16 Third-Party Services & Third-Party Application Providers

Appinminute apps utilize multiple Third-Party services including but not limited to Facebook, Google’s (YouTube, Maps, Firebase, Sheets, API.AI), AWS, and others. You acknowledge that the license to each Third-Party Service that you obtain, is a binding agreement between you and the Application Provider. For Third-Party Apps, you acknowledge that (i) you are acquiring the license to each Third-Party App from the Application Provider; (ii) Appinminute is not acting as agent for the Application Provider in providing each such Third-Party App to you; and (iii) Appinminute is not a party to the license between you and the Application Provider with respect to that Third-Party App. The Application Provider of each Third-Party App is solely responsible for that Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party App. In the case of Third-Party Apps, the License Fee is set as the sole discretion of the Third-Party Application Provider and Appinminute does not collect the License Fee on behalf of the Third-Party Application Provider, you will have to pay this directly to the Third-Party Application Provider. The Licensor may change the License Fee at any time.

 

1.17 Beta Features

Some Appinminute platform releases can contain beta features. We release these beta features to collect feedback on their implementation so that we can improve them. We value any feedback on these beta features, as it enables us to provide you with the best possible product. The availability of beta features will be documented in the release notes for every specific release. Other documentation will be available through the Appinminute support section. Please consult the release notes and the documentation on how to enable and use these beta features.

Please take note of the following limitations regarding beta features:

  • Beta features may be incomplete; future releases may include more functionality to complete the features
  • Beta features may change in future releases, depending on the feedbacks
  • Even though we aim for backwards compatibility, Appinminute can’t guarantee backwards compatibility between monthly releases for beta features
  • We cannot guarantee timely fixes for any problems you encounter with beta features
  • Beta features should not be used for production applications
  • Beta features may contain bugs, which could potentially lead to data corruption

1.18 Data Ownership Rights

You Own the App, App data (content) and retain copyright and any other rights you already hold in Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application and your User Content, and you are responsible for protecting those rights. However, we reserve rights to lock your app for further editing or updating, In case your subscription is cancelled.

1.19 Legal Issues & Jurisdiction

This agreement shall be governed by the laws of Gujarat, India. In the event that any dispute should arise under this agreement, the parties agree to waive all jurisdictional and venue objections and to have all such disputes submitted to and heard before the Court of Ahmedabad, India. Client agrees to pay all costs and expenses, including but not limited to, attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.

 

PROCESSING OF PERSONAL DATA

 

2.1    Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller, Appinminute is a Processor.

2.2    Customer’s Processing of Personal Data. Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.

2.3    Appinminute’s Processing of Personal Data. Appinminute shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer’s instructions for the following purposes: (i) Processing in accordance with the Agreement and applicable Order Form(s); (ii) Processing initiated by Users in their use of the Services; and (iii) Processing to comply with other reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.

 

3. RIGHTS OF DATA SUBJECTS

3.1    Data Subject Request. Appinminute shall, to the extent legally permitted, promptly notify Customer if it receives a request from a Data Subject to access, correct or delete that person’s Personal Data or if a Data Subject objects to the Processing thereof (“Data Subject Request”). Appinminute shall not respond to a Data Subject Request without Customer’s prior written consent except to confirm that such request relates to Customer to which Customer hereby agrees. To the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, Appinminute shall upon Customer’s request provide commercially reasonable assistance to facilitate such Data Subject Request to the extent Appinminute is legally permitted to do so and provided that such Data Subject Request is exercised in accordance with Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from Appinminute’s provision of such assistance.

4. APPINMINUTE PERSONNEL

4.1    Confidentiality. Appinminute shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities and have executed written confidentiality agreements. Appinminute shall ensure that such confidentiality obligations survive the termination of the personnel engagement.

4.2    Reliability. Appinminute shall take commercially reasonable steps to ensure the reliability of any Appinminute personnel engaged in the Processing of Personal Data.

4.3    Limitation of Access. Appinminute shall ensure that Appinminute’s access to Personal Data is limited to those personnel who require such access to perform the Agreement.

 

5. SECURITY

5.1    Controls for the Protection of Personal Data. Appinminute shall maintain administrative, physical and technical safeguards designed for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Customer Data), confidentiality and integrity of Customer Data, including Personal Data.

 

6. SECURITY BREACH MANAGEMENT AND NOTIFICATION

 Appinminute maintains security incident management policies and procedures and shall notify Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data, including Personal Data, transmitted, stored or otherwise Processed by Appinminute or its Sub-processors of which Appinminute becomes aware (a “Customer Data Incident”). Appinminute shall make reasonable endeavors to identify the cause of such Customer Data Incident and take those steps as Appinminute deems necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within Appinminute’s reasonable control. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s Users.

 

7. RETURN AND DELETION OF CUSTOMER DATA

Appinminute shall return Customer Data to Customer and, to the extent allowed by applicable law, delete Customer Data in accordance with the procedures and timeframes specified in the Agreement.