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Build Me A Branded App ToS

Build Branded Mobile App

 Terms and Conditions

 

Payment 

 

A valid credit card is required. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Once the initial payment is received, Zaytech’s developers will begin the process of creating your Mobile App(s). The completion of the Mobile App(s) will range from 10 to 20 business days. After the Mobile App(s) are created, you will receive an email with links to your apps in the marketplace. You have ten business days from there to provide feedback on any changes you would like to make. Any changes made after the ten days may incur additional fees. After the initial month, your monthly subscription of $89 will begin in order to maintain your mobile app and provide you with support. 

 

Refund Policy

 We will not issue refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. Zaytech will use commercially reasonable efforts to have your Mobile App(s) approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not guarantee acceptance. If the relevant mobile platform provider does not approve your Mobile App(s), you may cancel your account. However, there are no refunds under any circumstances.

Changes to Fees and Services

Zaytech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Zaytech shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. Zaytech may update the Zaytech’s Mobile App, which may add, modify, and/or remove features from time to time. Zaytech may push out these updates automatically with little or no notice. However, Zaytech will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

Customer Indemnity

 Customer agrees to defend, indemnify, and hold Zaytech, including its affiliates, and their respective officers, directors, employees, consultants, and agents harmless from and against all damages, costs, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), and settlement amounts incurred in connection with any claim arising from or relating to (i) your use of the Website and the Services; (ii) your violation of these Terms, including our Privacy Policy and Acceptable Use Policy; (iv) your actual or alleged violation of any third party Intellectual Property Right or privacy right; or (v) any claim that the User Content caused damage to a third party. You shall use your best efforts to cooperate with us in defense of any claim. At our own expense, we reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Zaytech Intellectual Property. 

Zaytech retains all right, title, and interest in and to the Website and Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto. You agree not to remove, obscure, or alter any notices of Intellectual Property Rights or disclaimers appearing in or on our Website or Services. The look and feel of the Services are owned by Zaytech. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Zaytech.

4.2.  Software. Zaytech may make certain software available to you through the Services. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Zaytech, for your personal and noncommercial use only. Zaytech does not transfer either the title or the Intellectual Property Rights to the Software, and Zaytech retains full and complete title to the Software and all Intellectual Property Rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form.

4.3.  User Content. We claim no intellectual property rights over the User Content. Your User Content remains yours. However, by using Zaytech’s Smart Online Order Website to create your Mobile App(s), you agree to allow others to view and share your User Content. Zaytech does not pre-screen User Content, but Zaytech and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Services. When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s Intellectual Property Rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You shall be solely responsible for any violations of any laws and for any infringements of any Intellectual Property Rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any User Content does not violate any laws or Intellectual Property Rights rests solely with you.

4.4.  Marks and Publicity. Zaytech, Customer, trade names, service marks, and logos, whether or not registered (“Marks”), are the sole and exclusive property of the respective owning party, which owns all right, title, and interest therein. We may: (i) use the Customer’s name and/or logo within product literature, press release(s), social media, and other marketing materials; (ii) quote the Customer’s statements in one or more press releases; and/or (iii) make such other use of the Customer’s name and/or logo as may be agreed between the parties. Additionally, we may include Customer’s name and/or logo within its list of customers for general promotional purposes. We will comply with Customer’s, as applicable, trademark use guidelines as such are communicated to us in writing and shall use the Customer’s Marks in a manner that is consistent with industry practice. No party grants to any of the other parties any title, interest, or another right in any Marks except as provided in this Section.

4.5.  Suggestions/Improvements to Services. Unless otherwise expressly agreed in writing, all suggestions, solutions, improvements, corrections, and other contributions provided by you regarding the Services will be owned by Zaytech, and you as a result of this agreement to assign any such rights to Zaytech. Nothing in these Terms will preclude Zaytech from using in any manner or for any purpose it deems necessary the know-how, techniques, or procedures acquired or used by Zaytech in the performance of the Services.

4.6.  Reservation of Rights. Zaytech reserves all rights not specifically granted herein.

 

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