Branded Business Apps Terms Of Service
By using the BrandedBusinessApps.com web site, products and services (“Service”) of Accuworks Software, LLC dba Branded Business Apps (“Branded Business Apps”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Branded Business Apps reserves the right to update and change the Terms of Service from time to time with or without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: www.brandedbusinessapps.com/termsofservice
Violation of any of the terms below will result in the termination of your account and any and all relationships and/or agreements with Branded Business Apps. While Branded Business Apps prohibits certain conduct and content on the Service, you understand and agree that Branded Business Apps cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your account and password. Branded Business Apps cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are solely responsible for all content posted and activity that occurs under your account including but not limited to content posted by others who have access to your account.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in any jurisdiction, including but not limited to copyright laws.
Additional Account Terms for White Label Clients
• White Label Clients of Branded Business Apps are prohibited from offering a White Label/Reseller solution using the Branded Business Apps Service.
• You may not name your business, website or service similarly to Branded Business Apps so as to compete with Branded Business Apps. Prohibited examples include but are not limited to “Business Apps Maker” and “Biz Apps Maker.”
• You may not pitch PR firms or national press about your business, offerings and service or any features that Branded Business Apps makes available to you through the Service.
Payments and Refund Terms
A valid credit card is required.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties associated with your account.
Branded Business Apps will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. If a mobile platform provider denies your application, you may cancel your account.
Cancellation and Termination
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing through email to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be considered valid.
All of your Content will be deleted from the Service upon cancellation and your apps will be removed from all mobile platforms. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. There are no partial refunds for the current paid up month.
Branded Business Apps, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Branded Business Apps service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.
Branded Business Apps reserves the right to refuse service to anyone for any reason at any time.
Custom Design Service
Our Branded Business Apps professional design specialists set up, design and brand your mobile apps specifically to your business using the mobile app development tools in the content management system. Our custom set up process includes:
• Mobile App Home Screen Design, Logo Upload and Image Upload
• Set up and integration of all mobile app tabs requested by client including 250 words of text
• Five photo gallery images
• Contact Page background image upload
• Custom icon design
• Overall app layout and appearance design including integration of brand color schemes
• One revision round
The custom design process can include Android app development, iPhone app development, app development for iPad and Mobile Website Development. The Service you select dictates what mobile apps we upload to the Android Market or iTunes App Store.
Once the app has been uploaded to the appropriate stores, you are solely responsible for maintaining, editing and changing your mobile app.
Modifications to the Service and Prices
Branded Business Apps reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Branded Business Apps shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Branded Business Apps may issue an update to the Branded Business Apps service, which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Branded Business Apps will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using Branded Business Apps to create your mobile application, you agree to allow others to view and share your Content.
Branded Business Apps does not pre-screen content, but Branded Business Apps and its designee have the right, but not the obligation, in their sole discretion to refuse or remove any content that is available via the Service.
The Service is copyright 2012 Accuworks Software, LLC dba Branded Business Apps. All rights reserved. You may not duplicate, copy, or reuse any portion of the Branded Business Apps Service without written permission from Branded Business Apps.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email. The technical support email address is email@example.com.
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
You understand that Branded Business Apps uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Branded Business Apps service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Branded Business Apps.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Branded Business Apps does not warrant that (i) the service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Branded Business Apps 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 Branded Business Apps 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) or any and all other matters relating to the Service.
The failure of Branded Business Apps to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Branded Business Apps and govern your use of the Service, superseding any prior agreements between you and Branded Business Apps (including, but not limited to, any prior versions of the Terms of Service).
In no event shall Branded Business Apps liability to you exceed the amount actually paid to Branded Business Apps by you during the preceding 12 months.
Questions about the Terms of Service should be sent to: