Terms and Conditions
APPSIDIOUS TERMS AND CONDITIONS APPLICABLE AS OF 2014-10-20
These Terms and Conditions (hereinafter T&C) is to define the conditions under which the company APPSIDIOUS (hereinafter the Company) offers its services (hereinafter Service) to his client (hereinafter the Client).
These T&C use the singular and the masculine for practical reasons, but a singular element mentioned can just be heard as the same element in the plural and vice versa.
Article 1: Definitions
Company : Appsidious(registration number in Quebec - NEQ : 2269954790).
Client: Anyone who subscribes to the services offered by the Company.
Agreement: Relationship created between the Client and the Company if the Client accepts these T&C.
Site: Corporate Site or interface through which the Client creates or changes his mobile application or his mobile applications (hereinafter, indifferently, Application or Applications).
Services: The Company provides a creation and hosting of mobile applications for Internet radio service. It provides the Client with an interface that includes online tools and various features. This interface lets the Client, without technical knowledge and with the support of complete documentation, create, edit and manage mobile applications. The customer can build his application through a mobile simulator online.
Content: The Client is responsible for providing various contents related to its activity (Contents include these elements but are not limited to: text, graphics, information, links, pages webs, symbols, files, audio and video). The Company provides the Client with detailed specifications to allow him to provide the correct documents.
Order: Any Application commissioned by the Client to the Company.
Platforms: Operating systems of mobile devices supported by the Applications developed by the Company. At the time of writing of these T&C and subject to change, Google Android (4.0 or above/ API 14 versions) and Apple iOS (7.1 or above versions) are currently supported.
Bug: Failure to design or construct the Application manifested by abnormal functioning of the Application or the Site.
User: Anyone who installed the Application on their mobile device.
Price Sheet: Document presenting various offers of the Company and the amount of penalties and associated costs available on the Company's Site.
Article 2: Creation and Implementation of Online Applications
2.1 Submitting the Application arises only when the Order is taken into account, which happens when the payment is made under the terms of the Article 3.
In general, the process of creating and submitting an Application proceeds as follows:
The Client creates an Application using the interface provided by the Company and provides the Company with the Content necessary to submit the Application.
The Company verifies the Application created by the Client and the Content.
When the Content and Application are positively verified by the Company, the Company shall submit the application on the online stores available through its Services and selected by the Client.
2.2 In the situation where the Content does not comply, the Company again requests not conforming Content to the Client. In the event that a second request Content should be made by the Company to the Client due to improper Content, Client will be charged a penalty as set out in the Price Sheet.
2.3 Publication times may vary depending on the Platform chosen by the Client.
2.3.1 The iOS Applications must be checked a priori by the Apple team, which may incur an additional period of up to fifteen (15) days. iOs Applications may be rejected for any reason. The Company shall use all the means at its disposal as well as expertise for the publication to be accepted, particularly through its information policy of the Client during the process of creating the Application, as when the Company analysis the submitted Content.
Client side problems may result in denial of the Application and The Client shall pay special attention to the points listed below:
The audio stream is not working at the time of verification.
A web page is inactive (internal links should be accessible).
Too poor quality of graphics (logo or rasterized images).
2.3.2 Android Applications are not verified a posteriori by Google and are often available in a shorter period, between two (2) and three (3) hours after sending the Application.
Android Applications are controlled during their existence, which can result in their removal from Google's Application Store and Users mobile terminals. Such an event may not involve payment of any compensation.
2.3.3 If the Company shall again submit the Application to the online application store for approval, because the Client made an error by such as defined in sections 2.3.1 and 2.3.2 but not limited to, the Company reserves the right to charge him submission cost as defined in the Price Sheet.
2.3.4 In any event, the time of approval of applications by Apple and Android respective online applications stores may not involve payment of any compensation.
2.4 The Company may entrust a third party to perform some or all of its contractual obligations without the need to inform the Client.
Article 3: Prices and Payment
3.1 The Client can pay its Application in two types of payment : on a monthly subscription basis or through a single payment.
3.2 Monthly payment allows the Client to benefit from an indefinite monthly fee. In such a case, the Client has a subscription (hereinafter Subscription) to the Services of the Company.
3.2.1 There are several rates for the monthly payment, depending on the Platforms chosen by the Client. These differences are detailed in the Price Sheet.
3.2.2 Monthly subscription is not subject to any commitment and may be terminated by the Client at any time under the conditions defined in article 6.3. It includes all current and future features offered by the Company, with the exception of paid features.
3.2.3 Monthly price may vary without notice's.
3.3 Single payment purchase allows the creation of an Application without subscription, but at a higher rate, defined in the Price Sheet.
3.3.1 The Client can therefore use its Application while receiving updates, bugfixes and new free features developed by the Company during the three hundred sixty-five (365) calendar days after payment of the Application.
3.3.2 After this period of three hundred and sixty five (365) calendar days after payment of the Application, the Client shall, at no cost, only access to the administration interface and can change the items that do not require resubmission of its application. If he wishes to benefit from improvements to the Company's products, he can pay an annual maintenance fee payable on the anniversary date of the Agreement passed between him and the Company.
3.3.3 At any time, the Application paid through a single payment can be removed on request of the Client to the Company, after verification of identity. This procedure does not give right to any refund.
3.4 The Client can switch at any time from a monthly subscription to a single payment, which puts an end to any monthly payment related to its Application.
3.5 Payments and subscriptions are managed through the secured online payment services provided by Paypal.
3.6 The Company reserves the right to create special subscription offers for a limited time. It also reserves the right to terminate those offers without cause or justification.
Special offers are not to be used in fraudulent manner, cannot be combined or be used multiple times on different accounts belonging to the same person or entity. The Company reserves the right to refuse consideration of an Order while informing the Client of its failure to the T&C through an email sent to the address provided by the Client.
3.6.1 The Offer "one month free" is a welcome offer reserved for Clients first Order who chose the monthly payment. it is only applicable once per person or entity. This offer allows the Client to test the Services of the Company.
Once the trial period is over, the Client is billed monthly to the conditions as defined in article 2.6, unless he has terminated the Agreement during the trial period. If the Client has paid the first monthly payment after the trial period and decide to cancel his membership, he cannot under any circumstances be refunded of any payments made in connection with its initial Order.
Article 4: Pay Features
4.1 Some site features are considered options (hereinafter the Options) and are not included in the flat rate as defined in the Price Sheet.
4.2 A non-exhaustive list of these features is presented below:
- White label: The white label is a paid option allowing the Client to publish his own Applications on its own developer accounts. The Client must create a developer Apple iOS and/or Google Play developer account. The Company strives to provide accurate guides for the Client to realize their own publications, but can not be held liable for any delays on the publication of the Application or the potential consequences of non-compliance by the Client of these T&C or specific application store online rules.
4.3 A complete list of the options available to the Client is available on the website as well as through the Price Sheet.
4.4 The Client can ask for features that are not yet offered by the Company. In this case, the Company reserves the right to accept or reject the creation or development of this new feature. The Company may also request development costs that the Client may freely accept or decline.
Features made for a specific customer, whether offered to the Client or paid by the Client, can then be made available of all the other Clients of the Company.
Article 5: Maintenance, technical support and updates
5.1 During its existence, the Application can be updated either by the Company or by the Client.
5.1.1 The Company reserves the right to update the Applications at any time, for possible bugfixes or to add features considered major. Although few in number, these updates may lead to non-support for older versions of the Platforms supported by the Company, the latter being considered unsupported by their owners. Therefore, the devices which have already installed the Application Client, but do not support new versions of the Application because of the version of their Platform, will not receive updates.
5.1.2 Updates performed by the Customer must be approved by the Company to ensure that they conform to the T&C. Delays can go up to fifteen (15) days without giving rise to any compensation or to an Order cancellation.
Updates performed by the Client can be:
Directly put online without requiring an update to the Application on the online application store.
Conditioning to a new submission of the Application on the online application stores, thus requiring an action by the User, for one of the reasons listed in the non-exhaustive list available below.
New Application icon.
New loading screen.
Activation of a new feature that was not included at the time of development of the previous version of the Application.
Updates requiring resubmiting of the Application on the online application stores should be revalidated by the team of those said online application stores under the conditions specified in Section 2.3. From the third update of the Application requiring resubmiting the Application to the online application stores, each update induce the payment of a single fee for updating the application as defined in the Price Sheet. A Client who subscribes to the paid option called "White Label" is exempted from the one-time fee.
5.1.3 The Company cannot be held responsible in the event that the Application has Bugs as a result of a Client update. The Client must inform the Company as soon as he discover a Bug so that the Company can repair it within a reasonable time, or through the contact form available on the website ( http://en.appsidious.com/contacts) of the Company, or by email at: firstname.lastname@example.org
5.2 Application maintenance does not result in costs in respect of the Client, it includes:
- Bugfixes related to new versions of embedded software in new phones (OS).
- Bugfixes correcting errors which the Company is responsible for.
5.3 Application maintenance results in payment of fees by the Client in two cases:
When purchasing an Application for single payment and after period of three hundred sixty-five (365) calendar days after the payment of the application, otherwise the Application will receive no maintenance neither technical support as defined in section 5.1 outside updates not conditioned by a resubmission of the Application to the online application stores
If applications are related to problems caused by the Client himself
Article 6: Deactivation and termination of Applications and unpaid balance
6.1 The Company reserves the right to disable the Application at any time if it does not comply with the T&C, in compliance with a court order against the Application of the Client, or where the payment of monthly subscription is not honored as the conditions laid down in Article 6.3.
The Application is also deactivated if a Client who has chosen a monthly subscription decides to terminate its subscription to the Services of the Company.
Deactivation of the Application causes it locks on all devices of Users that have already installed it. It can also cause deletion of applications online stores.
6.2 The Client who have chosen an Application with a monthly subscription has the right to terminate its subscription to the Company. This action must be done through the PayPal account of the Client. Thus, the monthly payments are no longer made. In any other case, the monthly payments will continue as defined in those T&C without allowing the Client to claim any prejudice and no liability sought from the Company.
6.3 The Clients who choose a monthly subscription are withdrawn at the monthly anniversary date of their Agreement of the amount listed in the Price Sheet (for example, if the first payment is made on October 4, the monthly subscription will be valid until 'November 3, and another month of subscription will be debited on November 4). If for any reason the payment is not honored, the Company tries two (2) new attempts to collect in the next calendar week of the first payment attempt.
In case of failure to honor payment, the subscription is suspended and the Application is deactivated. Reactivation of the Application requires the payment of a penalty as defined in the Price Sheet and the amount of the subscription that has not been honored, since it requires human intervention.
Article 7: Intellectual Property and ownership
7.1 The Application source code is the sole property of the Company. The Client may receive the compiled version upon request, but he will not get the codes or scripts created by the Company.
7.2 Previews available in the interface of creation of the Application and graphic elements of the mobile simulator or any other graphic sent to the Client are unusable and subject to copyright.
7.3 Activation of the Application and any other service or product offered by the Company depend on the full payment of invoices related to such service or product.
Without such payment, the Company reserves the right to discontinue its service or not to deliver the ordered product. Similarly, in this case, the Company reserves the right to exploit the works, and any item not accepted or unpaid.
Article 8: Responsibility
8.1 The Client is responsible of the Content supplied during the creation of the Application, and the use of the Application in accordance with the conditions set out in Article 9.
Regarding the information provided by the Client, the Company strives to provide accessible guides during the creation of the Application and the Company sets up systems technical audit to ensure that the formats, sizes and other items sent by the Client match the standards required by the Company.
8.2 The Company is responsible for damage caused by willful misconduct or gross negligence. She is not responsible for the consequences caused by misuse, resulting from the use of the Client or the consequences of an hack of the computer system of the Company.
The Corporation strives to maintain the highest quality of service and the best availability possible. However, the Company cannot guarantee continuous and flawless availability given the specificities of the Internet and the technical constraints (maintenance, updates, etc). No responsibility can be taken against the Company for damages resulting from a temporary or partial unavailability of its Services, in particular for damages, losses or deletions of data due to technical disruptions, delays, viruses or motive not resulting from willful misconduct or gross negligence of the Company.
Article 9: Use of Site
9.1 The Client agrees to use the Services of the Company only in a lawful purpose
9.2 The Contents by the Client shall not affect or impair, in any way, the rights of others or which are likely unlawful, threatening, abusive, defamatory, invasive of privacy or image rights, vulgar, obscene, profane, harassing or otherwise objectionable. Contents should still be the property of the Client or he must have acquired rights of legitimate use.
9.3 The Client shall not post or transmit, through the Services of the Company, information or material encouraging conduct that would be considered a criminal offense, give rise to any liability or otherwise violate any laws or decisions or administrative guidance. He must ensure that he does not violate these T&C in its use of the Application.
Article 10: Advertisement
The Company reserves the right to mention the Client as a partner and to mention or distribute their creations on the main website of the Company, without limited duration and without the need of any prior authorization from the Client.
However, the Client may not be mentioned in any media on request.
Article 11: Law and Jurisdiction
This Agreement is governed by Quebec laws and incurs between the Client and the Company pursuant to sections 1371 and 1372 of the Civil Code of Québec.
In case of dispute, the parties to the Contract agrees to make every effort to resolve this situation amicably, through commercial arbitration.