TERMS AND CONDITIONS
These Terms and Conditions of Service and Use of Apply Pressure Developers (together with its successors and/or assigns, the "Company", and sometimes referred to herein as "we" or" us" or "our" or "Site" or "Website") are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of this website, hereby amend and restate any such prior terms and conditions.
SECTION 1 - ACCEPTANCE
By clicking "I AGREE" and/or simply by using or accessing our services and this Site, you hereby agree:
(a) that you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of www.applypressure.co.uk (the "Site") as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of our services and our Site shall comply with all applicable national and local laws, rules, or regulations, and that you are solely responsible for your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2 - SUBJECT MATTER
Apply Pressure Developers agrees to develop and release mobile apps for iOS and Android platforms under Client's brand and upload them on Client's App Store and Google Play developer accounts for the remuneration to be paid by Customer. Scope and specific types of the Initial Works are determined by Apply Pressure Developers independently.
Apply Pressure Developers agrees to issue non-exclusive, non-sublicensable, non-assignable, and worldwide temporary license (License) and the Client accepts the License to use the Service according to this Agreement within license period for the remuneration.
The access to the Service is done remotely via Internet connection and web interface for web products, App Store and Google Play for branded mobile apps.
The Client is entailed to use the License and the Services in commercial or non-profit activities.
SECTION 3 - NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this website – including implementation of any suggestions set out in this website and/or use of any resources available on this website – does not create a professional-client relationship between you and the Company or any of its professionals.
The Company cannot accept you as a Client unless and until we determine that there is a fit and until various requirements, such as fee arrangements are resolved. Thus, you recognize and agree that we have not created any professional-client relationship through the use of this website.
SECTION 4 - PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our Site. You acknowledge that you are participating voluntarily in using our Site and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Site, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Site to your business.
SECTION 5 - CONFIDENTIALITY
The Parties undertake the obligations to keep the confidentiality of the terms of Client Agreement, the technical documentation, source files and the Confidential Information received from Apply Pressure Developers.
Only those employees from the personnel of the Client's enterprises who are directly involved in using the License will be provided with the transferred technical documentation, information and source files.
Each Party agrees to keep all confidential Information of the other Party separate from its own documents in a safe and secure place. The Parties shall use all commercially reasonable efforts to protect the confidential information from any harm, tampering, unauthorized access, sabotage, exploitation, manipulation, modification, interference, misuse, misappropriation, copying or disclosure.
SECTION 6 - OWNERSHIP, IP RIGHTS AND DATA
- The Client does not get any ownership or IP rights of any parts of the Service, including branded apps and parts developed according to the Client's change requests. The original IP rights owner keeps the full ownership of the intellectual property rights on the branded apps and all additional developed parts of the Service.
- By uploading any content to the Service, the Client confirms the original ownership of the content or availability of the proper license for that content.
- The Client grants a right to use any uploaded or generated data in raw, anonymized or aggregated format to Apply Pressure Developers and any of trusted third parties for internal use by employees or automated systems for the Service needs or for any business needs Apply Pressure Developers or trusted third party might have.
- The Client grants a right to Apply Pressure Developers and any of trusted third parties to use with no limit, sell and publicly share an aggregated and/or anonymised Client's data. Apply Pressure Developers cannot share or sell not anonymised Client's data publicly or to untrusted third parties.
- Apply Pressure Developers cannot be held liable for misuse of client's data by a trusted third party that had an access to the data.
- Apply Pressure Developers keeps an ownership of any data that has been created in the result of analysis or other actions with the client's data.
SECTION 7 - PROHIBITED CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Conditions. You are responsible for all of your activity in connection with the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity, or other rights of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, untruthful, or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
- Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Apply Pressure Developers or any third party; or
- Impersonates any person or entity, including any employee or representative of Apply Pressure Developers.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You responsible for complying with all applicable laws in all of your actions related to your use of Apply Pressure Developers' services regardless of the purpose of the use shall abide by all applicable local, state, national and international laws, and regulations.
SECTION 8 - CLIENT CONTENT
We enable our Clients with the ability to add, create, upload, submit, distribute ("Submitting" or "Submission") content, videos, comments, data, text, photographs, pictures, graphics, or other information to the site for app development purposes (collectively, the "Client Submissions").
You also hereby do and shall grant us a non-exclusive license to access your Client Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Client Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Apply Pressure Developers does not affect your other ownership or license rights in your Client Submission(s), including the right to grant additional licenses to the material in your Client Submission(s), unless otherwise agreed in writing;
You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any Client Submissions to the Service;
Apply Pressure Developers will not be liable for any errors or omissions in any content; and that Apply Pressure Developers cannot guarantee the identity of any other Clients with whom you may interact in the course of using the Service.
SECTION 9 - INDEMNIFICATION
You agree to defend, indemnify and hold us and our members, owners, directors, officers, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
SECTION 10 - LIABILITY
Apply Pressure Developers cannot be held liable for any copyright infringement or other violations related to the content uploaded by the Client to the Service. The Client is solely responsible for any content uploaded by users of customer branded and driver apps and other online applications that are part of the Service.
Apply Pressure Developers cannot be held liable for any losses or damages appeared as a result of damages or failures of electric grids, network connections or hardware necessary for access and availability of the Service, including such grids, connections and hardware in third party datacentre facility.
SECTION 11 - TERMINATION
We may terminate, change, suspend, or discontinue any aspect of the Site or the Site's or services at any time. We may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 12 - WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 13 - FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.
SECTION 14 - GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with English law, and the courts of United Kingdom will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
SECTION 15 – THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party Sites 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 Sites, or for any other materials, products, or services of third-parties.
You hereby accept the fact that you have read, understood, and are willing to abide by the terms and conditions laid down in this Agreement. You further agree that the terms and conditions set out under this Agreement are fair, reasonable and just given the matters set out under this Agreement and you waive any and all rights to have any claims against us on grounds set out above.