Introduction
The website is owned and operated by My App, Inc. The Website 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 to, My App, Inc.’s Privacy Policy) and procedures that may be published from time to time by My App, Inc. (collectively, the “Agreement”).
By using, accessing, or downloading any My App, Inc.'s mobile applications and/or by accessing My App, Inc.'s website, you are agreeing to be bound by the following terms and conditions of the Agreement. My App, Inc. reserves the right to update and change the Agreement from time to time without notice. Violation of any of the terms below will result in the termination of your account.
Account Terms
You agree to use My App, Inc. at your own risk.
You must be 13 years or older to use My App, Inc.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You are responsible for your account, including but not limited to, the security of your personal login credentials. My App, Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process to open an Account.
You are responsible for all activity on your account.
You may not use My App, Inc. for any illegal purpose.
You may not use any material in your app that you do not own.
My App, Inc. will be the sole publisher of your Applications with any mobile platform provider including, but not limited to, for the Android Market, or Blackberry App World, but excluding Apple Computer, Inc. (“Apple”). Such mobile platform providers are referred to in these Terms of Service as “Providers” and you may not use your own Account to publish an Application with any such Providers. As noted above, Apple is not considered a Provider under these Terms of Service and consequently, if you use the Service to develop an Application for the platforms and operating systems for the mobile devices of Apple then you must enter into a separate agreement with Apple directly in this regard to become an Apple application developer and you and not My App, Inc. will be the publisher of your Applications for Apple mobile devices. Notwithstanding the foregoing, you agree, to provide My App, Inc. with full access to the account you create with Apple by providing My App, Inc. with your Apple account login details (e.g. email address/password) so that My App, Inc. may (i) initially publish your Apple Application, (ii) upgrade your Apple Applications when My App, Inc. releases new versions of the Service, and (iii) track all revenue by you relating to such Apple Applications and account for such revenues in the context of the Service.
You are responsible for marketing and promotion of your app, and ultimately it's success.
My App, Inc. has the right to refuse your account, as it sees fit.
Payments and Refund Terms
A valid credit card is required.
The Service is billed in advance on a monthly or yearly basis and is non-refundable. 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, excluding only United States (federal or state) taxes.
My App, Inc. will use commercially reasonable efforts to have the Application approved by the applicable Providers. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your Application is denied by the appropriate Provider, you may cancel your Account. However, there are no refunds under any circumstances.
Revenue Share
If you decide to distribute your Application through a Provider, we will collect from the Provider the revenue share resulting from (i) the sale of the Application (total sales revenue, as determined by the Provider, less revenue share retained by the Provider) (“Application Sales Revenue”), and retain ten percent (10%) of the Application Sales Revenue, and/or (ii) payments made by Application users for activities within the Application (total revenue for such in-Application payments, as determined by the Provider, less revenue share retained by the Provider) (“In-Application Revenue”) and retain ten percent (10%) of such In-Application Revenue. We will remit to you the remainder amount of such Application Sales Revenue and In-Application Revenue within thirty (30) days of our receipt of the Provider’s payment thereof. By way of illustration, if the Provider’s revenue share is thirty percent (30%) and the total Application Sales Revenue is one dollar (1$), the Provider will retain 30¢, My App, Inc. will retain 10¢, and you will be entitled to 60¢.
If you decide to sell any digital media (including music, videos or other content) through the Application by using iTunes, Amazon, or 7digital ("Stores"), you may only use straight links to the Stores (i.e., you are not allowed to use any affiliate links). You acknowledge and agree that My App, Inc. may use affiliate links to the Stores and retain 100% of the applicable affiliate revenue. You may use affiliate links to any other store, other than the Stores, through which you sell your Application.
For Apple Applications created using the Service you agree to pay to My App, Inc. the following: (i) ten percent (10%) of any sales revenue you receive from Apple for sales of your Application, (ii) ten percent (10%) of payments made by Application users for activities within the Application that you receive from Apple, and (iii) if you decide to include any kind of advertising in such Applications using Apple’s iAds service (or a similar service), ten percent (10%) of any revenues you receive from Apple for such advertising. All such payments will be made either (a) directly via the Service for which fees My App, Inc. will charge your credit card or (b) by sending payments to My App, Inc. via wire transfer, in accordance with the terms that are set forth on the applicable invoice, which terms are incorporated herein by reference and form part of these Terms of Service.
Cancellation and Termination
You are solely responsible for properly canceling your Account. Account cancellation requests must be submitted in writing to cancel@myappinc.com 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. 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.
My App, Inc., 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 My App, Inc. 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.
My App, Inc. reserves the right to refuse service to anyone for any reason at any time.
Service and Prices
My App, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.
Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.
My App, Inc. shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.
From time to time, My App, Inc. may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although My App, Inc. will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.
Legal
Disclaimer of Warranties. My App, Inc. is provided “as is”. My App, Inc. 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 My App, Inc. nor its suppliers and licensors, makes any warranty that My App, Inc. 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, My App, Inc. at your own discretion and risk.
Limitation of Liability. In no event will My App, Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to My App, Inc. under this agreement during the twelve (12) month period prior to the cause of action. My App, Inc. 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.
Indemnification. You agree to indemnify and hold harmless My App, Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of My App, Inc., including but not limited to your violation of this Agreement.
Intellectual Property. This Agreement does not transfer any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with My App, Inc.
Governing Law. This agreement shall be governed by the law of New Jersey, USA.
Content within Applications. We have not reviewed, and cannot review, all of the material, made available in My App applications. My App, Inc. is not responsible for their contents or their use.
Copyright Infringement. If you believe that material located on or linked to by an My App, Inc. application violates your copyright, you are encouraged to notify My App, Inc. My App, Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.