It no longer costs thousands of dollars to create an app for iPad and iPhone.
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.
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:
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.
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.
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).
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.
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.
Monthly or annual payments automatically reoccur when the next payment is due. If you wish to cease payments, you must cancel your account.
Cancellation of your application hosting account must be communicated in writing to firstname.lastname@example.org. You are solely responsible for cancellation of your account in a timely manner and all paid application hosting fees are non-refundable.
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.
II. Uploaded Contents and Intellectual Property
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.
III. App Store Approval Process
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.
IV. Service Level Agreement
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.
Customer service is available via email (at email@example.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.