Updated 22th January 2020
These terms and conditions are in addition to our Privacy Policy.
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OVERVIEW
Mionic App Builder is official trademark of Memic App Factory. This website is legally
operated by Memic App Factory. Throughout the site, the terms “we”, “us” and “our” or any of
our trading names refer to Memic App Factory.
Memic App Factory offers this website, including all information, tools and services available
from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting our sites and/ or purchasing something from us, you engage in our “Service” and
agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content. You also
agree to be bound by our privacy policy: https://mionic.app/privacy
Please read these Terms of Service carefully before accessing or using our website. By accessing
or using any part of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current store/website/applications shall also be
subject to the Terms of Service. You can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Our website and applications are hosted on various servers, both VPS and dedicated servers. Our
servers are rented by third parties who are responsible for the security of their data centres and
our server.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor dependents to use
this site.
You may not use our products or services for any illegal or unauthorised purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. You must also
never put the privacy or security of your app’s users at risk.
A breach or violation of any of the Terms will result in an immediate termination of your
Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (with the exception of credit card information), 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. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell (with the exception of reselling your created
apps with a valid app subscription), or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or
current. The material on this site is provided for general information only and should not be
relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on the material on
this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not
current and is provided for your reference only. We reserve the right to modify the contents of
this site at any time, but we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. In most cases, any
price changes will only apply to new subscriptions, however, we reserve the right to increase
prices to current subscriptions providing we have given more than 30 days notice in writing.
We reserve the right at any time to modify or discontinue our services (or any part or content
thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension
or discontinuance of the Service.
SECTION 5 – PRODUCTS, SERVICES AND REFUNDS
Basic Refund Policy
We have made every effort to inform you about our services and products, in addition, to support
documents, FAQ and email support we also provide free trials to ensure our customers are happy
with our service before purchasing.
As we provide digital downloads and digital services, we, therefore, do not offer refunds once
the app has been generated (built)for download. You may cancel your subscription at any time
by emailing info@mionic.app. Your rights are not affected.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any
person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We
reserve the right to limit the quantities of any products or services that we offer. All descriptions
of products or product pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will
be corrected.
Any app which is published to any app store by us, will only remain published for the duration of
the app subscription. If you cancel your subscription early, your published app will be removed
and no refund will be provided for any unused time.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we make a change to or cancel
an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all
purchases made at our store/website. You agree to promptly update your account and other
information, including your email address and credit card numbers and expiration dates, so that
we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any
control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available”
without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party
tools. This includes our app builder software.
Any use by you of optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from
third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a
request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be under no
obligation (1) to maintain any comments in confidence; (2) to pay compensation for any
comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove 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.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect the operation of the
Service or any related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To
view our Privacy Policy please go to https://mionic.app/privacy
By signing up to our website or platform, we automatically add you to our newsletter to ensure
you are kept up to date with the latest news that may affect your app. If you do not want to
receive this you may contact us at info@mionic.app
We use a secure 256-bit SSL encryption on our app server to ensure your data is safe.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical
errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website, should be taken
to indicate that all information in the Service or on any related website has been modified or
updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from
using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use of the Service
or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be
accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The
service and all products and services delivered to you through the service are (except as
expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any
representation, warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall Webmate, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the service,
or for any other claim related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted, transmitted, or otherwise
made available via the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum
extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mionic App Builder and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference, service disruption, or
your violation of any law or the rights of a third-party. This includes loss of earnings, business
and any other damages to your company caused by errors in our service.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining
provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or
provision of these Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect
to The Service constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the
drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of Germany.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms
of Service by posting updates and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 20 – APP SERVICES
We or any partner, employee or director are not responsible for the content of any
application/app that was created using our services/website/application/software. Any
creator/developer/user/customer that creates content that is remotely illegal, racist, activist, or
morally concerning, then we may delete the app from its server and may contact the customer to
resolve any issues. We reserve the right to ban customers for breaching our terms or any laws.
Our software also allows the user to link media files including but not limited to music files,
videos, games and software downloads. It is the customers requirement to ensure they have
permission from the content creators or publisher. We will not take responsibility for any of our
clients content.
SECTION 21 – FAIR USE
We have a fair use policy to ensure all our apps have a minimum level of performance. You
cannot create any applications (apps) that are based solely on images, video or audio files hosted
on our server, you can, however, host these elsewhere and link to. We will try to contact you first
but we reserve the right to cancel/terminate/edit any app which exceeds 100MB of stored data
(before being published). Each image is limited to 4mb each to ensure load times are fast.
We host your apps on a shared server and have a strict bandwidth policy in place to protect all
our clients. If your application is using considerable server resources, we reserve the right to
move your app to another server, increase prices or terminate your plan. In either case we will
contact you in advance to best resolve this and provide 30 days notice of any intent.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mionic.app
