TERMS AND CONDITIONS

PLEASE READ CAREFULLY, NOT THE USUAL YADA YADA

Last updated: 24th of September 2020.

1. Introduction

Welcome to Switspeed Appcreator (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our app maker software located at swiftspeedappcreator.com (together or individually “Service”) operated by Switspeed Appcreator.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our software.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood these Agreements, and accept to abide and to be bound by them.

If you do not agree with (or cannot comply with) these Agreements, then you may not use the Software, but please let us know by emailing at  so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.

 

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at .

 

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or another payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5.Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it orSwitspeed Appcreator. You may cancel your Subscription renewal either through your online account management page or by contactingcustomer support team.

A valid payment method is required to process the payment for your subscription. You shall provideSwitspeed Appcreatorwith accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorizeSwitspeed Appcreatorto charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Switspeed Appcreator reserves the right to terminate your access to the Service with immediate effect.

presently, there are free and paid subscriptions on our platform. You do not have to pay a penny to get started as there is a free subscription option and unless of course, you require premium packages that are included in paid subscriptions. You can always upgrade to a paid subscription later by canceling your current free one; our system will automatically redirect you to a subscription page where you can select the subscription of your choice. You can always cancel and renew them as you see fit.

Without a subscription, you cannot edit your application, add features, or remove futures, You can always try out a free subscription if you are new to the platform.

In our sole discretion and commitment to be the best app-software provider we allow users to have the source code of their application/applications. This source code can run on any IDE such as Android studio for androids or Xcode for IOS. You can also generate Apk directly from your editor if you do not wish to compile your application manually.

We also offer paid support, this includes being available 24/7 to provide technical support to paid users. The support include but are not limited to,

  • 24/7 App monitoring
  • Ticketing system
  • Instant fixing of issues that arises
  • Developer support
  • Advance app customization

and lots more.

However this package comes with the paid app subscriptions, this means that you have to upgrade your app to paid to access the above-listed benefits. See here for paid plans.

6.Free Trial

Switspeed Appcreator is free software, Almost all the core features are available for free. The user only pays a few extra bucks for an enhanced feature and technical services therefore we do not think a free trial is necessary in this case.

7.Fee Changes

Switspeed Appcreator, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Switspeed Appcreator will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8.Reservation of Rights & Your Responsibility

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Be informed that you’re responsible for all mobile applications that you create using our solution, if your applications are published on Apps store or Google Play; it is your responsibility to ensure that they all comply with the respective stores’ policies. In case of violation of the developer program policy or other stores related distribution violations, the publisher [Customer/Users] shall be held responsible to fix all the possible issues and bring their applications into compliance.

Please read AppStore and Google Play developer policies to stay on the brighter side and build an app community that allows your business to thrive.

9.Refunds

Basically, we do not offer refunds due to the digital nature of our products. Here is why: Swiftspeed Appcreator is totally free, to begin with, subscriptions are not a total purchase of entirely new services but a form of enhancement to customer app. Mostly, paid users opt-in to receive prompt technical support or customizations for their already existing app or upgrade to have total control of the ads network on their App. However, in cases that the purchase subscription is completely unuseable or the upgrade did not work as it should due to a problem from our end, we will offer a full and complete refund to the affected customer.

10.Resources Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website if:

  • You opt-in to become Swiftspeed Appcreator reseller
  • You acquire the platform edition of our software.
  • You are a Whitelabel customer

No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.’

Our platform is open-source application software that allows users across the world create cross-platform and powerful mobile applications without having prior knowledge of programming, it is imminent to note that every big software requires a powerful server and efficient management to keep running, both financially and physical monitoring; We do not limit resources or features a user can access or use in any of their application; therefore we encourage customers to delete applications or resources created from their administrative area or editor area.

There are automated limits set for each free applications, ordinarily, you should not surpass this rate limits unless your application is very popular and therefore requires more server-based resources than our allocated one, in cases like this, we usually contact the developer and ask them to migrate to our paid plans to avoid downtime on their application. Downtime may happen if too many app users continuously request access to your app at the same time. There are no limits at all on our paid plans.

11.Spam Policy

As the publisher of your application, you’re mandated to check from time to time to ensure your application/applications are in compliance with our policy as stated in [10] of this page. If our system flag your application or we discover your application to be spam we may remove it immediately from our system without prior notice. Your application may be flagged and deleted for the following reasons:

  • The app title contains a test, demo, or tester: For security reasons and other logistic purposes; we do not permit test apps on our platform. if you create an application with the title TEST your application will be automatically deleted within a few days.
  • If you create an application for the sole purpose of clicking on your own ads or ask users to click on ads for you, we will suspend your application and equally suspend your account effective immediately. we have tools to identify invalid activity and your app will be flagged out almost immediately. Please always ensure that clicks on ads from your apps come from genuine app user interest in order to build a business community for yourself and thrive with us in your mobile app journey.
  • No Activity in the past 60 days: If you create an application that receives no activities (open or installation) in the past 60 days your application will be identified and automatically deleted.
  • Fraud: If we detect or receive multiple reports of your application to be a fraud and created for the purpose of duping people, we may not only delete your application but we may terminate your use of our software.
  • Child Endangerment: We may delete your application if we feel it pose any form of risk to children

We determine what constitutes a violation or otherwise of our rules. If you wish to use our solution to manage your audiences you have to make sure that every one of your applications is unique, real, and in compliance.

Our customer support is available to get you the best of help on how to ensure that your apps are successful in the store with impressive installs. If we discover that an admin or customer is creating more spam than our system can handle we may block or completely delete such user as a security measure to prevent users from circumventing our system.

12.Application Monetization

In case you have been doing some thinking on how we earn an income making a free App builder software for the world to use; anyways, here is your answer: we monetize and generate revenue through ads, this is why the success of your application is one of the utmost concern to us, it is until your application is successful that we earn money.

Revenue is generated by sharing ads space with you.

Be informed that you own 70% of your ads space, and we use 30% how beautiful and generous?. This basically means that in your application, your ads are displayed 70% of the time and just 30% for us.

We understand that occasionally you might not want to use ads at all in your application, therefore you can buy full control of your ads space. This means that you will own 100% of your ads space and you can choose to use ads on the entire 100% or not use ads at all. In order to use this feature, you have to upgrade your subscription from free to paid, Pricing for a paid subscription is USD50 per year.

If you are interested, you may buy a subscription from here

13.Application Publishing 

We do not publish an application that you make with our solution, you’re responsible to advertise and market your own application by yourself, although we offer services to publish the Application for you at a price or in fact help secure your own personal account where you can publish as many apps as you want.

You’ll only be able to generate APK and source codes for the application that you make, then you can promote the Application on app stores by securing your personal account. Additionally, we deny any responsibilities of ownership of your application as you’re responsible for them, you need to ensure they are managed efficiently and in compliance with policies stated by their respective stores.

If you need more clarification on this of service please send an email to us on support@swiftspeedappcreator.com

14.Prohibited Uses of Our Software

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use our Services:

0.1. In any way that violates any applicable national or international law or regulation.

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.

0.2. Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

0.4. Use any device, software, or routine that interferes with the proper working of the software.

0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this software, the server on which the software is stored, or any server, computer, or database connected to the software.

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Company rating.

0.9. Otherwise attempt to interfere with the proper working of Service.

15.Analytics

We may use inhouse or third-party Service Providers to monitor and analyze the use of our Service.

14.Accounts

When you create an account with us, you guarantee that you are above the age of 13 years of age and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

15.iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. If you are a developer, you may contact our support team for API documentation with the justification of your use cases.

14.Intellectual Property

Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Switspeed Appcreator and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Switspeed Appcreator.

15.Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

17. DMCA Notice and Procedure for Copyright Infringement Claims

We may respond to DMCA requests pursuant to the Digital Millennium Copyright Act (DMCA) against any application that has been created and managed on our platform. We take copyright infringement seriously, therefore we recommend that you ensure to be in compliance with this law. Ensure that your application is created from scratch and beware of using copyrighted resources.

If a DMCA request is filed against your application we may suspend such application; thereby preventing your access to re-create, fix or edit the application either on the front-end or back-end.

Your application users will not be able to access the application installed on their mobile phones until these issues are resolved.

We will send you a notification of the Request we received against your application. You may contact the complainant directly for prompt resolution or if you feel it’s a false claim you may file counter-notification by sending justification for the resources present in your app to

support@swiftspeedappcreator.com

Upon the receipt of your counter-appeal, we may reinstate your application if the complainants do not file a lawsuit against your application within 14 business days. You may read more about the DMCA on the lumen database.

 

You may also submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our policy team with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

0.4. your address, telephone number, and email address;

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our policy team via email at .

18. Bug Reporting, Progressive Suggestions, and Feedback

You may provide us either directly at  or via third-party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:

(i) you shall not retain, acquire or assert any intellectual property right or another right, title, or interest in or to the Feedback;

(ii) Company may have developed ideas similar to the Feedback;

(iii) Feedback does not contain confidential information or proprietary information from you or any third party;

(iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

19. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation Of Liability

  • BACKUP AND RESTORE

Every powerful software requires great monitoring and collective workforce, although we work round the clock to identify issues as they arise; we cannot promise that the website we will work correctly or in a way that you want it at all time. In rare cases there are improvements and updates from us to keep the development up to date that may complicate the entire platform, in cases like this will restore the last stable back up of the platform available in our system which may result to little or heavy loss of data ( Apps and User account inclusive). We, advise that you back up your application customization progress so as to have a restore point in a worst-case scenario such as this.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service or notify us by email.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of Nigeria, which governing law applies to an agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

23. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the software, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

25. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. Acknowledgement

BY USING THIS SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

27. Contact Us

Please send your feedback, comments, requests for technical support by email: .

 

THIS TERM & CONDITION WAS LAST UPDATED ON 24TH OF SEPTEMBER 2020.

Note that this term of service is subjected to changes at any point in time, it is your duty to check the link regularly on swiftspeedappcreator.com