PLEASE GO THROUGH OUR TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS INFORMATION REGARDING LEGAL REMEDIES AND RIGHTS.
This universal terms and conditions is a legal understanding between AppMaker.ca and you, starting and implementing from the time you create an account on the website. These terms and conditions highlight guidelines about our products and services. Moreover these legal remedies and rights further point out to certain policies that are activated at the time of purchase from the website.
AppMaker.ca does not guarantee that your application gets published on App Store or Play Store, we provide you the necessary support and help you with the process but if your app fails to fulfill the guidelines issued by App Store and Play Store then we cannot help you in this regard.
Learn more about Play Store Application Review Process HERE.
Learn more about App Store Application Review Process HERE.
Your acceptance to these terms and conditions electronically is an indication of the fact that you have read and understood the entire document and you further accept all the rules, alongside corporate rights and remedies.
Before moving forward to the main document, please remember that in this document, words like ‘OUR’, ‘’US and ‘WE’ are used to refer to AppMaker.ca and words like ‘USER’, ‘YOUR’ and ‘YOU’ refers to any entity or individual that chooses to accept our services. Please bear in mind that none of the following terms are deemed to refer to any third party service providers, it is solely a contract between AppMaker.ca and the party using website’s services.
AppMaker.ca reserves the right to change, modify or amend this piece of document any time in its sole discretion and without any notification. These modifications will be applicable immediately and users are notified through an email of such changes, moreover the last revised date of this document is also visible on the top of this page.
2. Data Transfer and Account
Account creation is a mandatory process through which every user must pass in order to use the entire set of services and products on this website. Information such as name, billing address and email id is required at the time of account creation, users must enter current and authentic information as it will help users in future transactions. Moreover it is expected that users modify and edit information whenever there is a change required, in a nutshell, current account information must be correct and valid at any given instance of time. If AppMaker.ca believes or finds out that your account information is incorrect or not up to date then the website reserves the right in its absolute discretion to close or suspend your account temporarily or permanently, solely depending on the nature of incorrect information. It is highly advised that you refrain from sharing your account information with any other person or company, and you will be responsible for all activities initiated from your account. AppMaker.ca advises to change your password every six to eight months in order to ensure complete security. In case of any security breach you must immediately contact our customer service representative; however the website will not be responsible and will not bear any financial loss because of a security breach. You on the other hand are solely responsible for all such losses and are incurred to those.
If you are travelling and want to access your account from a place other than you usually do then your data might have to be transported to another server and by agreeing to our policy you permit us to do so in case of any such occurrence.
3. Authority and Eligibility
Services and products available on this website are only for the users who legally acquire these services under the above mentioned law. Any individual or entity willing to acquire or use offered services and products must be:
- At least or over 18 years old
- If not then must be eligible to acquire services under the binding law
If you intend to use offered services for a corporate firm or company then you must have legal papers to proof that you are associated with the company and have permission to use their name on internet. If somehow after the acceptance of terms and conditions it is found that you were illegally trying to use a corporate name then you will be responsible for the aftermath yourself, thus refrain from such practice. AppMaker.ca is not responsible for such misuse of identity on its website and in case of financial loss the website is not liable to corporate firm in any capacity. If however it is found that someone is involved in such a practice then it is solely up to website to decide whether to pursue a legal action or not, it is however stated that website is not legally responsible for the undertaking. In case of any doubt further authentication may be required.
4. App Maker Use of User Content
This section deals with the content posted by users on this website. These rules further apply to websites that are controlled and managed by AppMaker.ca. These rules ensure that you remain the intellectual owner of your uploaded content and put forth for better service.
As mentioned above you are solely responsible for the content that is uploaded through your account. You further agree that the content uploaded or posted on this website is entirely voluntary. Your submissions are not confidential from the website and neither will you ask website to keep these upload a secret. AppMaker.ca is not obliged and will not use User submitted content for any purpose and if any third party unintentionally uses your intellectual content there is no penalty for such an act. In case that the website uses your content, it may only be because website is already working on similar content using a different source and will not be responsible for such an occurrence.
Usually if an application is published through this platform then the user remains the sole licensed in charge of such application and content on their own website.
However in case of Appmaker.ca published applications and uploaded content could be used by website for various purposes. Users authorize AppMaker.ca to use the content as it desires through its service agreement. Thus, you grant the website an exclusive permission to distribute and regenerate your work and use it for promotional and other commercial purposes. No prior permission is needed for such an act. You also grant other users of this website an exclusive permission to access your work (apart from the content that is password protected and private). AppMaker.ca will refrain from using and distributing the content that has been removed from its website servers by the users themselves. User Licenses are irrevocable and perpetual. It is further suggested that website will not use any content that is marked private or is protected through a password.
5. Rules of Conduct
By signing up on the website you agree to the following:
- You comply to follow all the below listed website rules and you further agree to comply with all the national and international rules about content sharing.
- You will not impersonate any other individual or entity and in case you need to do so, you must have a written permission and supported legal documents for such an action.
- You are not allowed to collect any personal account information of any other user without their own consent.
- You will not use this platform for any abusive or illegal activity and will follow the Ryan Height Consumer Protection Act of 2008 in this regard. Moreover you will not use website to upload applications that are malicious and viral.
- Use of deceptive and encoded language is not allowed on this platform.
- You are not allowed to copy, use and distribute material found on this website on any other platform.
- You agree not to change or edit any part of this website and its content.
- You will not use AppMaker.ca technology for any other use and on another platform.
AppMaker.ca reserves the right to change, modify and alter all terms and conditions at any time and without prior notification, this rule is also applied on pricing and membership plans.
6. Content Monitoring and Account Termination Policy
We generally do not pre-screen the user uploaded content. However AppMaker.ca reserves the right to check any piece of content that is being uploaded on the website, in case of a violation a user account may be suspended or permanently terminated depending entirely upon the nature of breach. In case it is found that user is a regular offender their account is deleted permanently without any prior warning. In case the account is deleted AppMaker.ca may in its sole discretion keep or destroy the content uploaded through that account.
7. Additional Rights
AppMaker.ca reserves the right to modify, suspend, terminate or lock any account that deems necessary, in its absolute discretion and without being asked to provide any specific justification. Users must comply with local and international laws in order to enjoy the best services. Website further reserves the exclusive right to review any account and demand any additional fees for more bandwidth and storage capacity.
8. Liquidated Damages and SPAMS
You commit that you have read and understood the SPAM policy of AppMaker.ca and will abide by all the set rules in this regard. You further acknowledge that your account will be terminated if your account is found to be triggering spam posts and bulk emails. Moreover if actual expenses could not be calculated then you will be asked to pay 1$ for each spammed link or message transmitted through your account.
9. Copyright and Trademark claims
Intellectual property’s protection is supported by/on AppMaker.ca. If you would like to provide a trademark or copyright claim for uploaded content for which you have the legal papers then please go through our above mentioned copyright policy.
10. Links to Third Party Websites
You agree to protect and safeguard AppMaker.ca from all liabilities, demands, expenses and losses regardless of the nature and kind. Website is not responsible for your actions against any third party on this website although you will be held thoroughly responsible for breaching any part of this contract and agreement.
12. Warranties and Representation Disclaimers
You acknowledge and understand that you use this website at your own risk and website is not liable for any sort of damages. Services and products offered by website can be bought at your own risk and content on AppMaker.ca is available ‘as it is’. Our officials, directors and employees disclaim any warranties being issued on their names. We are not responsible for any other websites that link us with them. Any advice or suggestion given by our employees will not have any legal bindings, nor will they provide any sort of warranty for this website. These policies are applied on all the services and products offered by our website.
13. Liability Limitation
AppMaker.ca at its officials are not liable to any consequential damages caused through the website. Users use this website only because of their own free will and are entirely responsible for the actions committed. We do not take the responsibility of content and images of a third party website whose hyperlink is found on our website. We completely forbid the users to access our website servers and any such activity will be dealt accordingly.
It is further stated that in special events the liability expenses must not increase the total amount paid by the user for such services and this also is subject to the action.
14. Brand Advertisement and Promotion
In order to promote a brand name you need to be enrolled in iOS Apple’s program. This is a policy set forth by Apple and users who wish to promote their brands are requested to enrol in Apple’s program. You need to have an Apple account for such actions, please visit OUR Page for more on this topic.
15. Payments and Fees
By signing up for our services you agree to pay the required fees. Please bear in mind that all prices are non-refundable otherwise exclusively stated. In case your account is terminated, transferred or suspended you will still be charged for the services. AppMaker.ca reserves the rights to alter and modify the prices of products and services at will without any prior notification. These new prices will be applicable immediately and will not require user permission. However if you have purchased monthly or yearly plans then you will continue with the old fees until the renewal of new plan.
Refund receipt is a confirmation that you will receive a refund from the website. You however must acknowledge the payment method and service provider at the time of receipt issuance. Please note that refunding does not have a fix time frame, it may range from five days to complete billing cycle.
For services offering ‘Express Checkout’, you need to be careful as clicking on that button deducts funds from your primary payment source. An email is sent at your provided email id to confirm the purchase, in order to gain maximum advantage of ‘Express Checkout’ feature it is advised that you have an operational primary payment method.
In case of monthly and yearly subscriptions, the date of purchase is considered the next billing date. For instance if you bought a monthly subscription on 10th June then the next billing date will be 10th July.
You may use ’Recurring Billing Programs’ or ‘Account Updater Services’ in order to enjoy uninterrupted services. In case of an automatic renewal of subscription plans, if we are unable to charge your card then your bank may notify us of the problem or they may provide new details from which we will deduct the required amount. If you have opted for ’Recurring Billing Programs’ then the website is notified by the bank in case of any updates, expiry or new card. In such a case, AppMaker.ca automatically updates your payment method. However please note that we do not guarantee of any such update. It is your sole responsibility that you take care of your own account and in case of any mismanagement you will be held solely responsible.
If AppMaker.ca is unable to charge you, or the website is charged with a penalty then you agree that the website is entitled to use any lawful remedies to obtain the due payment. It is further stated that AppMaker.ca is not responsible for any fees deducted by a third party such as PayPal. For additional assistance and services you will be charged separately.
New customers are entitled to enjoy the ‘No Setup Fee’ luxury. Re-activation of suspended or terminated account is charged standard fee. Please bear in mind that standard setup fee for Basic, Plus, Premium and Business plans is 100 $.
Please bear in mind that all transactions are charged in US dollar and you might be charged the extra conversion fee if you are paying in any other currency. Local fees and GST are mentioned in your billing history.
AppMaker.ca allows you to pay through PayPal. Adding PayPal as the primary payment method means that you are permitting AppMaker.ca to debit your account with the amount of purchase. However it is entirely your responsibility to keep your PayPal account current and loaded. Please bear in mind that PayPal reserves the right to decline any transaction without identifying and mentioning a reason, in such a case neither PayPal nor AppMaker.ca is responsible for any liability. If PayPal and AppMaker.ca are unable to deduct full amount from your account then you permit PayPal and AppMaker.ca to pursue all lawful remedies in order to extract due amount.
If your transaction is returned unpaid, you agree to pay additional 25$ or more as permitted by the Law. By clicking the ‘I Agree’ button you permit to debit your PayPal account with the purchase amount.
16. No Third Party Beneficiaries
This agreement is between user and AppMaker.ca; no third party is linked or associated to this agreement in any capacity.
17. Refund Policy and Cancellations
AppMaker.ca offers 14 day trial period for all users, if after signing up you are not satisfied with our services you can cancel within a two week trial period to claim a complete refund of your deposits. However if you cancel your subscription package or plan after 14 days you will not be refunded the complete account. Upon cancellation you are not accustomed to receive services for which you have already been billed. At the end of that period you will not be billed for the next month and will not be able to enjoy our services. Please keep in mind that only setup and monthly fees are refundable. Customer services/ configuration and installation charges; all such fees which come under the umbrella of one time fees are not refundable. There are no cancellation fees or penalties on cancelling a plan.
18. Canada Export Laws
Services and products found at this website are subject to Canada export laws. Users are thus advised to refrain from export and re-export of the material and services offered by the website as this is a clear violation of Canada export laws. No service or product should be used illegally and any illegally downloaded service may result in account termination. If you are using this website from a country other than Canada then yourself are responsible for the local laws. The obligations under this section are subject to the use of website and shall not be terminated unless users close their account or leave the website permanently.
19. Compliance with Local Laws
AppMaker.ca makes no commitment that the content available on this platform is legal in all counties and territories or this website is limited or restricted in a certain jurisdiction. Users are responsible for the compliance of local laws and website is not liable in this case in any regard.
20. Assigns and Successors
This agreement is an understanding between users, their assigned successors and appmaker.ca.
21. Jurisdiction and Governing Law
Apart from the disputes under the governance of Uniform Domain Name Resolution policy, agreement is governed by the supreme Law of Canada. Users agree that any action that results in a legal jurisdiction will be listened at Federal Courts of Canada. You further agree to waive the right to trial by any jury in any action which results through the use of this platform.
22. User content and content on AppMaker.ca
Apart from the above mentioned rules, users further need to go through these section rules in appendix 5 as these specifically cater content centric problems and issues. These rules are applicable only on the content posted by users on AppMaker.ca and does not adhere to the content posted by same user on other platforms under same name.
AppMaker.ca Content: Entire content on this website which includes all sorts of text, written content, interactive features, graphical user interface, logos, scripts and source code are the sole property of AppMaker.ca and are subject to copyright laws. In foreign countries other than United States Of America every piece of functionality and content present on the website is owned by AppMaker.ca according to International Laws. API of this website is also the intellectual property of AppMaker.ca. Content on the website is available for public use ‘as it is’, this content must not be downloaded, copied, distributed, transmitted or exploited in any way without the specific written consent of the website. No license reserves the right to use intellectual property of website in any of the above mentioned ways and no patent reserves the right to use services provided on this website in any of the desired ways.
User Content: Since it is a platform were users might need to submit some content whether it may be in the form of words, ideas or music but this must be kept in mind that the content uploaded on the website remains the intellectual property of the user and website is not responsible for the content as long as it does not collide with the set rules of the website. By uploading any sort of content on the website users commit that they have the legal right to distribute uploaded content through this platform. It is advised that users must have prior distribution licenses to ensure that they do not violate rights of any third party.
Security: By using this platform you commit that you will not sabotage and meddle with the security of this website, content and services provided on this website must only be used as allowed and you further commit that you will not restrict the use of this website for any party or individual.
23. Severability, Title and Headings
The titles and heading in this agreement are only for better understanding and must not be used in a any negative way. Each agreement must be taken and treated as an independent agreement in the entire set and must not be intermixes with other ones. If a court or jurisdiction finds any specific part of this agreement invalid or illegal, then it does not affect the validity of the entire agreement.
24. Contact Information
Please contact us in case of any ambiguities or queries through our customer support email center.