map2app is an online platform (“Platform”, “Service”) provided by Bravonext SA (“Map2app”, “us”, “we”) that enables users (“App Creators”, “customers”, “you”) to create mobile applications (“Apps”) for other users (“End-user”, “users”). The access to our Platform is free. We encourage you to be creative and express yourself freely, however be responsible in Apps you make. By using map2app you are agreeing to be bound by the following terms and conditions (“Terms of Service”). When you publish your App to any mobile platform or mobile marketplace, it will be bound to and must be in accordance with the respective platform’s Terms of Service. Bravonext SA reserves the right to update and change the Terms of Service from time to time 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 Platform after any such changes shall constitute your consent to such changes. Please read the Terms of Service very carefully.
2. Account Terms
Violation of any of the terms below will result in the termination of your Account without notice. While map2app prohibits bad conduct and content on the Platform, you understand and agree that map2app cannot be responsible for the content posted or shared on the Platform. You agree to use the Platform at your own risk.
You must be 13 years or older to use this Platform.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your valid email address, your age, your legal full name, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. map2app cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
You may not use the Platform for any illegal or unauthorized purpose. You must not, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
If you are found using Content with malicious intent and falsifying usage data, map2app reserves the right to hold funds until an audit is made verifying accuracy.
3. Payments and Refund Terms
Optional premium paid services are available on the Platform. By selecting a premium service you agree to pay map2app the monthly or annual subscription fees or one time charges indicated for that service. Payments will be charged upon activation of charged services.
A valid credit card or Paypal account is required. The Service is non-refundable. 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 in your location. map2app will do our best to provide tools to help you increase the probability that your Apps will be approved by Apple; but we do not and cannot guarantee approval in Apple’s App Store. If Apple denies your application you may cancel your account, however there are no refunds under any circumstances.
4. Cancellation and Termination
map2app has the right to suspend or terminate your account and refuse any and all current or future use of the Platform, or any other Map2app service, for any reason, at any time, without any refund of monies paid. Such termination of service will result in the deactivation or deletion of your Account, your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
map2app reserves the right to refuse service to anyone for any reason at any time. Such refusal may include, but is not limited to, Apps involving materials that map2app determines: to be violent, obscene, or offensive, to advocate violent or illegal activity, to contain (or have the potential to contain) any computer viruses, or to contravene any law, statute, or ordinance, or to violate these Terms of Service.
5. Modifications to the Service and Prices
map2app reserves the right at any time and from time to time to modify or discontinue—temporarily or permanently—the Platform (or any part thereof) with or without notice at any time.
Prices of all services, including but not limited to any monthly subscription plan fees, are subject to change at any time, with or without notice. Notice may be provided at any time by posting the changes to the Platform. map2app shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Platform.
From time to time, map2app may issue an update to the Platform that may add, modify, and/or remove features. These updates may be pushed out automatically with little or no notice, although map2app may notify you in advance of an upcoming update, including details on what the update includes.
6. Copyright and Content Ownership
Either Party shall respect the other Party intellectual property rights.
The Website and the Service are owned and operated by map2app, Inc. who exclusively owns all right, title and interest in and to the Website and the Service, including all associated intellectual property rights. This Agreement is meant to grant Customer use of the Website and the Service and in no event it transfers any map2app or third party intellectual property right to the Customer. map2app, map2app.com, the map2app logo, and all other trademarks, service marks, graphics and logos used in connection with the Website or the Service are trademarks or registered trademarks of map2app, Inc. or map2app’s licensors or third parties. Customer use of the Website and the Service is not deemed to be Customer right or license to reproduce, duplicate, copy or reuse any part of the Website or the Service or otherwise use any map2app or third party trademark.
Bravonext SA claims no intellectual property rights over the material provided by the Customer. Customer’s application and contents uploaded remain property of the Customer. By using the Service, Customer warrants to have the full right and ownership of any and all copyrighted material uploaded to, or distributed through, the Service. By using the Website and the Service to create an application, Customer agrees to allow end users to view and use the App for their personal and non-commercial use.
Customer shall grant Bravonext SA the right to use the Customer’s logo and screenshots to create an advertising banner or page to be published on the map2app Website and any related advertising material.
Apps created using map2app may allow final users to share content through their social networks. This option can be removed from the Customer’s app if requested.
Customer shall be solely responsible for securing and paying for all digital delivery licenses, mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from all copyright owners (or their agents) required in connection to all Content selected by the Customer for use in connection with the Service.
In any event Customer or its end users infringe or repeatedly infringe the copyrights or other intellectual property rights of map2app, Customer or any third party, map2app will, at its sole discretion, terminate or deny access and use of the Service without any liability towards Customer or its end user.
7. Quality of Service
map2app will use commercially reasonable efforts to enlist the work of highly qualified Service Providers to render professional services. Nonetheless, we cannot guarantee that documents and services will meet all of your expectations, or that document and services will be entirely error free. While reasonable efforts are made to keep the Platform accurate and current, map2app assumes no liability for any inaccuracies in the Platform or any of its services or for any damages that may result from the use of information posted on the Platform.
You understand and agree that your use of Platform and all of its services is at your own risk. As part of this assumption of risk, you acknowledge and agree that you are responsible for providing accurate and complete information when making your App with us. If you are not satisfied with the services, you are encouraged to immediately inform map2app by email at email@example.com. At no time are we obligated to issue a monetary refund, nor are we liable for damages in connection with any defect, perceived or real, in the services rendered. You understand that the words and opinions of other clients and users of the Platform are not necessarily those of map2app and map2app does not and cannot accept responsibility of such words or opinions. You further agree that map2app, or any Service Provider in any way guarantees a particular outcome (e.g., acceptance into iTunes Store, increased sales, etc.) as a result of using such services.
8. Limitation of Liability
In accepting these Terms of Service, you expressly agree that you understand the limitations of liability set forth in these Terms of Service and, further, agrees that you will not seek damages against Map2app or its agents, suppliers, licensors, or Service Providers for any perceived or real defect in the documents provided or services rendered, or for any consequences of such a defect. To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall map2app or any of its licensors, suppliers, agents or service providers be liable for any incidental, indirect, punitive, special or consequential damages that result from the use of, or the inability to use, the Platform, even if we have been advised of the possibility of such damages.
Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. The exclusions and limitations of liability in these terms of service will apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify and hold Bravonext SA, its employees, suppliers, licensors, agents and its Service Providers (and its and their successors, officers, directors, and employees) harmless from and against any and all claims, demands, costs, liabilities, judgment, losses, expenses and damages (including attorneys’ fees) arising out of, in connection with, or related to:
- Your use of the Platform or any of its services, including without limitation any problems arising from technical difficulties (including but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchases services, or any violation of these Terms of Service; or
- Any Client Documents or any other data, software, services or other materials that you use in connection with your access or use of the Platform or services, including without limitation any claim that such data, software, services, or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.
9. General Conditions
- Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis.
- Technical support is only available through community forums or paid phone support.
- You understand that map2app uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Platform.
- You must not modify, adapt or hack the Platform or modify another website so as to falsely imply that it is associated with any other Map2app service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform without permission.
- 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.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Bravonext SA customer, employee, member, or officer will result in immediate account termination.
- 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.
- By using the Platform, you expressly consent to us building your app on multiple platforms and multiple phone operating systems, even if those platforms and phone operating systems are not available today.
- If your app is built using the map2app provisioning file or published under the map2app brand, you agree that Map2app has the right to the following, with or without notice, at any time and for any reason:
- Remove your app from publication
- Publicise your App and your brand on our website and/or third parties operated websites through images, videos and through the link to download the app from the Stores.
- 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 or malicious nature.
- map2app does not warrant that:
- The Platform will meet your specific requirements
- The Platform will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the Platform will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through the Platform will meet your expectations, and any errors in the Platform will be corrected.
- You expressly understand and agree that map2app 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 map2app has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Platform
- The cost of procurement of substitute products and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any third party on the Platform or any other matter relating to the Platform.
- User understands that any Apps created in map2app is through their own volition and therefore indemnify and hold harmless map2app and its parent company Bravonext SA and all its subsidiaries, employees, and any agent acting on their behalf from any and all liabilities, claims, demands, or personal injury, including death that may be sustained, due to or relating in any way but not limited to copy right infringement, fraudulence, or trademark violation by way of creating and/or using of any apps created by map2app.
- The failure of map2app 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 Bravonext SA and govern your use of the Platform, superseding any prior agreements between you and Bravonext SA (including, but not limited to, any prior versions of the Terms of Service).
10. Questions or Feedback
- Feedback or suggestions are welcome and should be addressed to firstname.lastname@example.org.
While we are appreciative of your feedback or suggestions about map2app.com we are not under obligation to use said feedback or compensate you if we do.
Bravonext SA may periodically update this policy at our discretion, though most changes are likely to be minor. We will notify you about significant changes in the way we treat personal information by sending a notice to your valid e-mail address in the shortest possible time. Your continued use of this site after any change in this Terms and Conditions will constitute your acceptance of such change.
Last updated 03/17/13