Terms & Conditions

Updated 21 February 2023

This website www.napps-solutions.com is operated by N Apps, LDA (“N Apps”, “we”, “our” or “us”). N Apps, LDA offers this website, including all information, tools, services and mobile app available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using our app, site and/ or subscribing, 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, app including without limitation users who are browsers, vendors, customers, subscriber, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website and/or app. 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 must not access the website nor 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 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. You are expected 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.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, N Apps and/or its licensors own the intellectual property rights for all material on N Apps. All intellectual property rights are reserved. Subject to your compliance with the Terms, N Apps grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the N Apps Application on a single mobile device or computer that you own or control and to run such copy of the N Apps Application solely for your own personal or internal business purposes. Furthermore, with respect to any N Apps Application or App accessed through or downloaded from the Apple App Store, Android Google Play or any other legitimate Store. You must not:

  • Republish material from N Apps;
  • Sell, rent, or sub-license material from N Apps;
  • Reproduce, duplicate or copy material from N Apps;
  • Redistribute content from N Apps;

Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Apps are and shall forever be owned by and inure to the benefit of N Apps.

N Apps name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of N Apps or N Apps licensors. You must not use such marks without N Apps prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Our Service

We provide service as a mobile app development platform designed to allow you and/or or your business to create and develop Apps operated by Apple App Store. We provide you with tools, including designs, templates, and layouts, to create and publish your App(s) through the Apple App Store, Android Google Play and any other legitimate App store. Once completed, we will, on your behalf, upload your Apps on our developer accounts on the desired Store and we will help you manage the Apps throughout the term of these Terms.

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.

ACCOUNT REGISTRATION

Direct Registration:

To become a User, you must register and create an Account on N Apps. It is a condition that all of the information you provide on the Website is correct, complete and current. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or N Apps Application (“Account”), or has a valid Shopify, Woocommerce or other third-party e- commerce platform account through which you may connect to the Website or N Apps Application (each such account, a “Third-Party Account”).

Registration through Third-Party Website:

If you access the N Apps Properties through a Third-Party Account, you are allowing N Apps to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant N


Apps access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating N Apps to pay any fees or making N Apps subject to any usage limitations imposed by such third-party service providers. By granting N Apps access to any Third-Party Accounts, you understand that N Apps may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through N Apps Properties that you have provided to and stored in your Third-Party Account (“Third- Party Account Content”) so that it is available on and through N Apps Properties via your Account. Unless otherwise specified in the Terms, all Third-Party Account Content shall be considered to be Your Content (as defined below) for all purposes of the Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on N Apps Properties. Please note that if a Third-Party Account or associated service becomes unavailable or N Apps’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Account Content will no longer be available on and through N Apps Properties. N Apps makes no effort to review any Third-Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and N Apps is not responsible for any Third-Party Account Content as described above.


Your Account and Developed Apps. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Apps are and shall forever be owned by and inure to the benefit of N Apps.

Your Responsibility

You shall responsible for all of the contents that you provide. You acknowledge that all files, materials, data, text, audio, video, images or other content, including N Apps Properties (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not N Apps, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through N Apps Properties (“Your Content”), and that you and other Users of N Apps Properties, and not N Apps, are similarly responsible for all Content they Make Available through N Apps Properties (“User Content”).


You acknowledge that N Apps has no obligation to pre-screen Content (including, but not limited to, User Content), although N Apps reserves the right in its sole discretion to pre-screen, refuse or remove any Content.


Unless expressly agreed to by N Apps in writing elsewhere, N Apps has no obligation to store any of Your Content that you Make Available on N Apps Properties. N Apps has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of N Apps Properties.

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, libellous, 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 libellous 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.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, app 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.

BILLING TERMS AND BILLING DISPUTE RESOLUTION

We reserve the right to refuse any order and/or service you place with us. We may, in our sole discretion, limit or cancel or ban purchased and/or subscription per person, or per order. 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 pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide N Apps with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or purchase order information as a condition to signing up for the Services. You agree to provide current, complete and accurate purchase and account information for all purchases made at our 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. N Apps’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to N Apps, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify N Apps for any liability or expense we may incur in connection with such Sales Taxes.


If any dispute arises regarding the payment issue. You must notify us in writing within fourteen (14)days after receiving your credit card statement, if you do not respect the time laps or such dispute will be deemed waived. Billing disputes should be notified to us at support@napps- solutions.com

INDEMNIFICATION

You agree to indemnify, defend and hold harmless N Apps, LDA 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, or your violation of any law or the rights of a third-party.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that our properties or any apps will meet your requirements, 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 our properties or any apps 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 N Apps, LDA, 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.

DMCA

N Apps voluntarily complies with the Digital Millennium Copyright Act (DMCA). Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may be liable for damages.

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).

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.

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.

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 Portugal.

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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@napps-solutions.com.