CONDITIONS OF CONTRACT FOR RESELLER
A Reseller is a company or individual who wishes to purchase Services from Map2app for the purposes of resale to customers.
By accepting these Particular Conditions of Contract, the Reseller wish to contract the services described in the paragraph below, offered by Map2app.
1.- Description of the contracted services (hereinafter, the “Services”)
The Reseller contracts a complete service for the creation, design and publication of applications for mobile phones and other mobile devices (hereinafter, the “Applications”). Map2app will provide the necessary informatics and technical support for the Reseller to design Applications. Applications will be designed by the Reseller at his/her discretion.
Furthermore, the Services offer the Reseller the possibility to publish the Applications via his/her own accounts registered with different Distribution Platforms or via the Customer’s own accounts or via the accounts that Map2app has with different online distribution platforms, such as the “App Store” and “Google Play”, among others (hereinafter, the “Distribution Platforms”). The Reseller will maintain at all times the control and administration of his/her own Application, having the faculty to introduce all the changes and adjustments admitted by the platform, and controlling at all time the availability of the Application in the Distribution Platforms.
The contracting of the Services is only open to legal entities, acting through their legal representatives or managers, and to individuals carrying out a commercial activity.
3.- Reseller Statement
This document constitutes a legally biding agreement between you (the Reseller) and Map2app. The clauses contained in this agreement will rule from now on your relationship with Map2app in all matters concerning the Services that you are about to contract.
- You have the capacity to subscribe this agreement according to the applicable legislation of your country.
- You are aware that the whole contracting process will take place exclusively online. This means that once the registration forms are filled in and sent and the contracting process is over, you will be obliged under contract with Map2app for the contracted Services.
- All the information you will provide is truthful, current, real and exact.
- By agreeing to these Particular Conditions of Contract, you will still be entailed to the general clauses stated in the Terms and Conditions of Map2app Read Terms & Conditions
4.- Entry into force and terms
The contractual relation ruled by these Particular Conditions of Contract will be valid at the moment of the signature of the contract by the Reseller, and will have a duration of two quarters (6 months), automatically renewable for successive terms of three (3) months unless any of the parties notifies the other its intention not to extend the validity of the agreement or the Reseller does not comply with the minimal performance required to be a Reseller as stated in paragraph 6.
5.- Unsubscription request
If a Reseller wishes to unsubscribe from the Services before the termination of the contract, he/she will have to notify Map2app (at support@Map2app.com) his/her clear and unambiguous will to unsubscribe from the Services. In this case, the Company will proceed to unsubscribe the Reseller within a period of thirty (30) days from the receipt of the notification.
6.- Economical conditions for Resellers
Becoming a Reseller is free and anyone (as specified in (2)) can apply but Map2app has the right to refuse any application at its own discretion.
Once accepted into Map2app’s Reseller Program and after that the present contract has been signed by the both Map2app and the Reseller, the Reseller gets access to a Reseller Dashboard where he/she can create discount codes that allow him/her to publish Applications at a discounted price on behalf of third parties.
The discount depends on the number of Applications that have been published in the previous quarter (three months).
Each Application can be published for different platforms, this means that an Application published for different Platforms counts as one Application.
For the first quarter a Reseller gets a 20% discount on the Retail Price listed on the website www.map2app.com in the pricing section.
After this initial period his/her discount will be updated quarterly and will be applied for the next quarter according with the following table:
|NUMBER OF APPS PUBLISHED IN THE PREVIOUS QUARTER||DISCOUNT APPLIED TO THE NEXT QUARTER||RESELLER TYPE|
|more than 7||30%||RESELLER|
|2 to 7||20%||RESELLER PRO|
*If a Reseller does not publish any app for a quarter the next quarter his/her discount will decrease of a 10%. As the discount becomes 0% the Reseller loses his/her access to the Reseller Dashboard and the right to access any of the Reseller Online Documentation and the present contract will be terminated.
6.1.- Adjusted payment for specific Services
Any Reseller who decides to contract a specific Service, adjusted to his/her particular circumstances and needs, will have the option to request a quote. Map2app will send a quote to the Reseller, and the Reseller will have the option of contracting the Services by paying the agreed amount.
Map2app expressly reserves the right to modify the prices and discounts established on this Particular Conditions of Contract, at any time, notifying this circumstance to the Reseller and giving him/her the option to unsubscribe from the Services, if appropriate.
Reseller has the unrestricted right to determine the prices at which it resells any Service to its customers. No Map2app representative has the authority to suggest that Reseller charges a particular resale price for any product.
7.- Failure to pay and Reseller returns
7.1 Non-payment and returns by the Reseller
Failure of the Reseller to pay the stipulated quantities, devolution by the bank of any of the amounts that have already been charged or other irregularities on the payment obligations from the Reseller, will give Map2app the right, at its own discretion, to execute the precautionary suspension process of the Reseller’s Application via the Distribution Platforms.
We recommend to any Reseller anticipating problems on facing future payments, to immediately contact Map2app with the aim of reaching a solution by mutual agreement.
If thirty (30) days after the suspension of the publication of the Applications, and having been notified by Map2app of the existence of a pending payment, the Reseller has still not settled the remaining debt, Map2app will proceed to deactivate and delete the Application of the Reseller, without prejudice of Map2app’s right to exercise the corresponding legal actions.
The Reseller is aware of the possibility to unsubscribe from the Services, in case that he/she is not satisfied with the Services or if he/she predicts the impossibility to comply with his/her payment obligations. Therefore, any irregularity concerning the payment obligations of the Reseller will be persecuted, with the legal actions that Map2app deems appropriate, and may lead to the elimination of the Application and the account of the Reseller.
7.2. Claims for non-payment and returns to the Reseller’s Customer
The Reseller is solely responsible for the claims to his/her Customers to request the amounts overdue if paid or unpaid and leave Map2app waived for such claims of such amounts paid or unpaid.
Non-payment of these amounts by the end user of the app are assumed by the Reseller without allowing for it to claim or seek compensation by Map2app.
8.- Services modifications and cancellations
Map2app will work for a constant improvement of the Services. Therefore, Map2app reserves the right to modify, interrupt and/or cancel, totally or partly, the Services, at any time and with no need for justification. Any substantial modification that may affect the Resellers will be informed, as far as possible, within a reasonable period of time.
The Reseller expressly recognizes that he/she is the sole responsible for the Application created by him/her, for all the Content used to design the Applications and for the products and services that may be commercialized through the Application, exempting Map2app from any blame or responsibility for the damages that the Application could cause to third parties.
The Reseller expressly states that:
– He/she holds the full ownership or has been granted a license by the legitimate owner, for all the Contents (including but not limited to: images, videos, texts, trademarks, logotypes, links, graphics, etc.) that will be used for the design of his/her Application.
– The Application that he/she will design will not show in any case content of sexual, xenophobic, violent, discriminatory or of any other nature that could be deemed as illicit or offensive.
9.2.- Publication via the Distribution Platforms
The lawful Applications may be published:
1. by Map2app, using his/her own accounts within the Distribution Platforms
2. by the Reseller, using his/her own accounts within the Distribution Platforms
3. by the Reseller’s Customer, using his/her own accounts within the Distribution Platforms
In the first case, the Reseller is aware that his/her Application will be distributed via the Distribution Platforms as a free Application.
In the second and third case, the Reseller shall provide Map2app all necessary information in order to be able to access and publish the applications in the Reseller’s or in the Customer’s account within the distribution platforms.
9.3.- Map2app’s accounts with the Distribution Platforms
The Reseller explicitly states that he/she is aware that the accounts of Map2app or the Reseller with the Distribution Platforms, via which the Applications may be published, could be terminated or suspended at any moment. In this case, the Reseller will not have any right to claim for compensation.
The Reseller will be able to request deletion, at any moment, of his/her published Application from the Distribution Platforms by notifying Map2app through any of the provided addresses with a clear and unambiguous notification. In these cases, the Application will be removed from the Distribution and deactivated by Map2app, without prejudice for users that have already installed the Application to keep using it on their mobile phones or mobile devices.
9.4.- Elimination of an Application
Map2app reserves the right to remove or deactivate, at any moment, and without need for justification, the Application of a Reseller that is deemed illicit or inappropriate. Especially when receiving a request from a Distribution Platform indicating than an Application is illicit or infringes third party rights, an automatic precautionary suspension of the Application will take place. In this case, the Application will not be deleted but will simply be removed by the Company from the Distribution Platforms. At the time of removal, Map2app will notify the Reseller, giving him/her a one (1) month period in which to correct the defects or remove any illicit Contents from the Application. If after the period of one (1) month, on the judgment of Map2app, the reasons that lead to the precautionary suspension and removal of the Application have still not been corrected, the Application will be permanently removed and deleted, and the User will have no right to indemnity or compensation.
9.5.- License in favour of Map2app
The Reseller grants to Map2app, for all the period of their mutual contractual relation, a nonexclusive, worldwide, royalty-free license to use and reproduce his/her Application with the sole purpose of promoting the Services on the Site.
10.- Map2app’s revision faculties
Map2app will have the faculty, but not the obligation, to revise all the Applications that Resellers intend to publish via the accounts of Map2app with the Distribution Platforms. For these purposes, Map2app can urge the Reseller to make any modifications deemed necessary, to guarantee that the Application adjusts to the required high levels of quality, and preventing the Reseller from publishing his/her Application as long as it does not comply with the demands of Map2app.
11.- 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 App Creation Platform accurate and current, Map2app assumes no liability for any inaccuracies in the App Creation Platform or any of its services or for any damages that may result from the use of information posted on the App Creation Platform.
You understand and agree that your use of the App Creation 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 Application using the App Creation Platform. If you are not satisfied with the services, you are encouraged to immediately inform Map2app by email at support@Map2app.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 App Creation Platform are not necessarily those of Map2app and Map2app Inc 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.
12.- 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 App Creation Platform, even if we have been advised of the possibility of such damages.
Exclusions and Limitations:
You agree to indemnify and hold Map2app, 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 App Creation 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 App Creation 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.
Governing Law and Dispute Resolution:
These Terms of Service shall be governed by California law, without regard to its principles of conflict of laws. Map2app and its services is controlled and operated by Map2app, Inc. Map2app, Inc. makes no representation that materials in Map2app and its services are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with all applicable laws.
13.- General Conditions
• Your use of the App Creation 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 Map2app 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
- Publicize 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 Application created in Map2app is through their own volition and therefore indemnify and hold harmless Map2app, Inc. 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 Application 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 Map2app and govern your use of the Platform, superseding any prior agreements between you and Map2app (including, but not limited to, any prior versions of the Terms of Service).
Map2app 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.