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AuthorMob User Agreement

This agreement is between MetaMorf LLC, Delaware Corporation, and the Customer, referred to as You or Your, for the purposes of creating mobile application services, application hosting services and reselling the Customer's ebooks and other intellectual property.

Free Account
You may open a free account and build apps that are previewable in the web-based builder at no cost. Once you request that an app be published to the App Store, You agree to the following financial arrangements.

I. Financial Arrangements:

  1. The non-refundable setup charge shall be due upon requesting that your app be published to one or more App stores. You agree to the fees published on the Pricing Page.

  1. Customers paying by credit card or paypal expressly agree to have their account billed monthly (or annually) for the recurring charges for the life of the service.

  2. Initial app hosting payment is due upon the provision and availability of services. This normally coincides with the availability of the app on the corresponding app store(s) or marketplace(s).

  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

  4. When custom design or programming work is requested by You, MetaMorf will provide a quote to be agreed upon mutually. 50% of agreed upon amount is due upon beginning work and remaining 50% upon completion.

  5. Monthly or annual payments automatically reoccur when the next payment is due. If you wish to cease payments, you must cancel your account.

  6. Cancellation of your application hosting account must be communicated in writing to info@authormob.com. You are solely responsible for cancellation of your account in a timely manner and all paid application hosting fees are non-refundable.

  7. You set the retail price for apps that are sold via app marketplaces and stores. Each marketplace or store may offer discounts off of the retail price and charge a commission (Apple app store is 30%). Some apps may include an additional percentage that MetaMorf may retain per the particular offer that was made.

  8. MetaMorf will receive payment from the store or marketplace. Payments due to You for app sales will be deducted from hosting and other payments first, and payments made by paypal or check within 60 days of receiving payment from the store or marketplace. The minimum pay out amount is $50, and if amount due is less than $50, then payment will be deducted from future month's hosting or held until the next month successively until the amount exceeds $50. Cash flow statements and payments are processed on the 15th of each month or the next following business day only in the case that a payment is due to you.

II. Uploaded Contents and Intellectual Property

  1. You certify that you have the right to publish all information uploaded to MetaMorf servers and have written clearance for the use of all material including copyrights, trademarks, service marks, and other material stored on the server, and has the right to sell all material uploaded for sale through MetaMorf's services. You agree to comply with your company's copyright, data usage and privacy policies.

  2. You grant MetaMorf the right to store said intellectual property on their servers for the purposes of providing the services of this agreement.

  3. You understand that due to the technical and proprietary nature of the application, that transfer of the application and application hosting services is not transferable to other hosting and application service providers. MetaMorf maintains copyright of the software as a compilation and this does not imply any exclusive right in the preexisting material. The copyright of software is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

  4. The customer shall supply all contents, including EPUB files, .jpg format photos and images, .mp3 audio files, etc. in finished web-ready form and shall bear all costs incurred in connection with the processing of contents to the appropriate format for the app.

  5. You may only use MetaMorf services for lawful purposes. Transmission of any material in violation of any Federal, State or local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.

III. App Store Approval Process

  1. MetaMorf will use commercially reasonable efforts to gain approval of the application by application store or marketplace. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. Approval in the Apple app store averages approximately two weeks though MetaMorf do not and cannot guarantee a timely review and approval process. If your application is denied by the mobile platform provider you may cancel your account, however there are no refunds under any circumstances.

  2. You understand that Apple, Amazon and some other marketplaces solely control the approval process, approval is beyond the control of MetaMorf, and that your app may be denied by the marketplace..

  3. All set up fees and first month's (or year's) application hosting fee is due before submitting to the application marketplace or store.

     

IV. Service Level Agreement

  1. MetaMorf guarantees that the application hosting service will be available at least 99% of the time within one calendar month, and if the service experiences more than 1% downtime in the previous calendar month, the price of application hosting will be discounted at a prorated rated.

  2. Customer service is available via email (at info@authormob.com) Please allow one to two business days response time for email inquires.


V. Ebook File Digital Rights Management

MetaMorf will maintain the security of your ebook files so that no unauthorized copies may be produced or shared. Ebook files on MetaMorf servers are only accessible for download via the application store or marketplace to the application installed on a mobile device and by no other publicly accessible method. Once downloaded to the app purchaser's device, the ebook files can only be read by the AuthorMob application and the app, along with the file protecting features of the Apple iPhone operating system prohibit copying of files to other devices or applications. AuthorMob's digital rights management strategy does not inconvenience the reader by requiring registration with a third party, though the purchased ebooks will not be transferable to any of the reader's other devices.

VI. Patents. The Service or methods used in association with the Service may be covered by one or more patents or pending patent applications.

VII. Changes to Service. MetaMorf reserves the right to modify, suspend, or discontinue the Service at any time, and MetaMorf will not be liable to you should it exercise such right.

VIII. Termination. Your rights under this Agreement will automatically terminate without notice from MetaMorf if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service and MetaMorf may immediately revoke your access to the Service or to Digital Content without notice to you and without refund of any fees. MetaMorf's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

IX. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, DIGITAL CONTENT AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, DIGITAL CONTENT AND SOFTWARE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND METAMORF AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY METAMORF OR AN AUTHORIZED REPRESENTATIVE OF METAMORF SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

X. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER METAMORF NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, DIGITAL CONTENT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE DEVICE OR SOFTWARE OR ANY ASSOCIATED PRODUCT, EVEN IF METAMORF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, METAMORF'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE SERVICE. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

XI. Governing Law

This Agreement has been entered into in the State of California, USA, and the validity, interpretation and legal effect of this Agreement, and the determination of any claim, dispute or disagreement in connection with this Agreement, shall be governed by the laws of the State of California. Any action by either party hereunder in connection with, or arising out of this Agreement may be brought only in the appropriate State court . Any ground for objection to such venue, to the personal jurisdiction of such court to remove such action, hereby is waived by all parties hereto.



AuthorMob is a division of MetaMorf, helping global clients evolve in the digital world since 1997