Welcome to Food Appers, thank you for signing-up on our website or for contracting with us. This App Owner License Agreement explains out what you can expect from Us, and what we expect from You. By Using or paying for our service and by creating your App on our site you agree that you have read and understand these terms and conditions in respect of our service.
This license agreement (license) is a legal Agreement between You, being a private individual, partnership or legal commercial entity (the App Owner, You or Your) and Food Appers For Cloud Service & Datacenters Providers “Food Appers”. (We, Our, Us) a Company Registered in Dubai, United Arab Emirates, under Makani number 12048 74921 with a License Registration number of 709871 for this Food Appers software product and service (the Software) which includes smartphone, tablet, and computer software, the data supplied with it, printed materials and online or electronic documentation (documentation).
3. Access and Services.
3.1. Your access to the various services available on this system depends on the level of access and subscription plan you select and choose to purchase. You may change or discontinue your account at any time during the term of your chosen plan; if you have signed up for a fixed term plan (EG Monthly / Yearly), any time remaining when you cancel, will not be refunded for any reason. 3.2. We reserve the right to modify, upgrade and improve the service on our system at any time for any reason without notice or refund.
3.3. For your protection and security, we reserve the right to require you to change your login identification code and/or password at any time and similarly we reserve the right to require your Users to change their login identification code and/or password at any time, if your App requires log-in details. 3.4. We reserve the right to suspend access and/or delete all program and data files associated with your account and/or other information you have on our system if:- 3.4.1. You breach any of the terms of Your Agreement with Us which are published in our website. 3.4.2. If you use the App to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers. 3.4.3. If You add lude, inappropriate or non-compliant images or content 3.4.4. If You add hateful, racist or content that incites unlawful behavior
4. Fees and Payment.
4.9. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least 7 days’ notice of such change in advance of your billing period end. 4.10. Any default of payment will mean that your app may be deleted or blocked without any future notice and your App will not under any circumstances be transferred to other companies or individuals because of this. 4.11. All and any paid fees are non-refundable. 4.12. With any specific contractual agreements with Franchise partners, Reseller partners or other contracted Food Appers partners, all agreements are between the partner and the customer and may refer in full or in part to these additional Terms and Conditions. Food Appers will not take any responsibility for any third-party contracts that are agreed outside of this Agreement. 4.13. If an approved Country Franchise or Reseller partner Agreement is terminated for any reason, we will guarantee the App Owner for any subscription period that the App Owner has paid to the Franchisee. 4.14 We reserve the right to terminate this agreement for threatening or sexist behavior to any of our staff with a 30 days’ notice.
5. System Rules.
You agree to be bound by certain rules which are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in the termination of your service. 5.1. You must ensure that authorized Food Appers system Administrators keep their log-in credentials confidential and do not tell others. 5.2. You must not attempt to log in more than once at the same time on any given account without specific permission from Us. 5.3. We may provide Sub-Administrator log-in credentials limited system access according to your subscription plan for selected parts of the system. It is recommended when making system changes not attempt to log in more than once at the same time on any given account as errors may occur temporarily if the system is given conflicting data or system change instructions for which we accept no responsibility.
6. App Owner Support.
We provide different differing levels of support for our different plans at our sole discretion.
6.1. Technical support or system fault reporting for live paid subscription can be obtained by You by sending a support request to Us at support@FoodAppers.com. 6.2. We do not provide technical support to You if you have a Free or Trial Plan. 6.5. Additional services as App build, graphic design, consultancy, bespoke development projects to make Our solution meet Your individual requirements or other manmade work beside the services that offered at www.FoodAppers.com may be available; please contact Us via email at support@FoodAppers.com for an initial estimate. All such services must be purchased in full, or in part at Our sole discretion in advance if agreed and We have the capability and resource availability either directly with our Franchise, Reseller, Affiliate or other sales channels. If any such services are purchases are made indirectly outside FoodAppers.com, We will not be responsible for any other service other than our own, although the relevant sales partner offer this as a service to You.
7. Upgrades for Free and Trial users.
7.1. We may offer a Free or time limited Trial plan with limited capabilities according to Our policy and your location, You can upgrade Your service from our website to a paid Subscription plan to access the full range of services pertinent to Your Plan. All payments are non-refundable but you can cancel your subscription at any time as detailed in Clause 4 of these Terms and Conditions above. 7.2. We reserve the right to have regional pricing and terms that will be offered to You when accessing Our website based on geographical identifications. Subject to our policy Our pricing may or may not be published on Our website www.FoodAppers.com 7.3. We reserve the right to block any Free or time limited Trial plans at any time, at our sole discretion. We also may remove your App totally from our system if You fail to upgrade and purchase a paid subscription plan. This includes your user’s data and the content that you have added if you do not upgrade to a paid subscription within Trial period and you may have to re-create from scratch again.
9. Upload to App Stores outside the FoodAppers system.
9.1. Publishing your App on Apple and Google App Stores is subject to Apple and Google’s individual approval of your App design and content and compliance to their individual Terms and Conditions. These Terms and Conditions and Publishing Guidelines are available for Apple App Store at https://developer.apple.com/programs/enroll/ and for Google Play Store at https://support.google.com/googleplay/android-developer/answer/6112435. 9.2. Food Appers may manually check Your App design before You can upload to the selected App Store. The upload itself will also be administered by Food Appers on your behalf. No installation files can be sent.
9.3. We cannot guarantee that your request to publish your App will be successfully approved by the relevant App Store owner and make no assurances of a successful request nor take responsibility for any denied applications. We will provide feedback from the App Store and offer guidance wherever possible but, for the avoidance of doubt, if Your request to publish Your App is refused, for any reason whatsoever, we will not be liable for any refund of any paid subscription plan. 9.4. We will support 1 upload in total to any App Store if you need to change your App for any reason, for example if your design or content fails to comply with the relevant App Store Guidelines. and make no assurances of a successful request nor take responsibility for any denied applications. We will provide feedback from the App Store and offer guidance wherever possible but, for the avoidance of doubt, if Your request to publish Your App is refused, for any reason whatsoever, we will not be liable for any refund of any paid subscription plan.
9.5. We reserve the right to charge an additional fee of $50 USD (or local currency approximate equivalent) for each new updated uploaded App Store submission. 9.6. After any App downgrade, for example for non-payment may result in your App being blocked in any native App Store. 9.7. It is Your sole responsibility to familiarize Yourself with the applicable terms and conditions of the relevant Apps Store. Noting that their restrictions regarding content with inappropriate text and images, sexual material, gambling or other insulting statements which may result in Your App being rejected.
9.8. You are solely responsible for creating, paying for and maintaining the necessary Development Account with each App Store in which you wish to publish your App, and subject to the availability on our system and geographically. 9.9. if needed at the App Store that you have selected for uploading your App to. On the paid plan, basic support for getting this if you don't already have one, will be provided by phone and E-mail. Food Appers will not be responsible for any denied applications that are being issued by third party, ex App Store. This does also not form any basis of refund. 9.10. You are solely responsible if your App gets revoked from the App stores, we cannot accommodate any request to migrate or transfer to any other system.
9.11. Upon publishing, Apple and Google native applications may be presented differently in comparison to the design shown in the Food Appers, for which we accept no responsibility.
9.13. When uploading to any App Store, We will require Your Developer Account information. This is to be uploaded and maintained under the Food Appers publish settings ONLY. You will be notified directly by the relevant App Store when done. We strongly recommend that You must change Your password immediately after We have successfully uploaded Your Apps to the relevant App store for security reasons; We cannot accept any responsibility for any resultant events or occurrences of any nature if you fail to do so.
10. Intellectual Property, Content and Trademarks.
10.1. You should be sure that all text, images use of logos and any other material uploaded to Your App is suitably authorized, approved, not copyright protected and free from all international and local legal encumbrances. 10.2. All claims because of a breach of this clause will be your sole responsibility and all correspondence will be forwarded to you at the address on Our system. 10.3. We accept no responsibility in any way for Your App content but upon any breach of this clause We reserve the right to suspend or Block your App or terminate Your service until a final court ruling has taken place or You have removed any disputed content in line with the owners demands. 10.4. All computer code that We use to create your App, in your App, or at our site, always remain our property and cannot be edited, sold, given away or copied. 10.5. Your subscription plan set up or developments fees covers the rent of our system. We do not in any way give You any rights to any source codes used in our system. 10.6. If You should request Us to develop unique gadget for Your use only, This will only be offered with a Statement of Works (SOW) unique to your request only valid with signed by an Authorized Signatory who has the authority to contract and on a mutually agreed extra cost. 10.7. Any infringements, abuse or violations of Our Intellectual Property Rights will fully be followed up to protect Our interests permissible in law.
11. Limitation of Liability.
11.1. We not liable for any other loss or damage (including indirect or consequential loss, financial loss, loss of profit or loss of use) arising from You using our system or their use even if We are negligent. 11.2. Except as provided in paragraph 11.6 below, We shall not be liable to You for any: loss of revenue; loss of or depletion of goodwill; loss of anticipated savings; loss of business opportunity; loss of data or use of data; injury to reputation; or regardless of the form of action, whether in contract, strict liability or tort (including, without limitation, negligence) and regardless of whether We knew or had reason to know of the possibility of the loss, damage or injury in question. 11.3. Accordingly, your use of the online system is entirely at your sole risk. we will not be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our system, your use thereof or any of the data or other materials transmitted through or residing on our system, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage. 11.4. You shall indemnify, defend and hold Us harmless and Our licensors and suppliers (collectively the “Indemnities”) against: - 11.4.1. any and all costs, charges, claims, damages, liabilities incurred and / or proceedings taken against the Indemnities, including without limitation any outside legal counsel and consultants’ fees, resulting from illegal conduct and / or violation of rights of any third parties, and; 11.4.2. any damage that may occur using Our services and Our system 11.4.3. any liabilities that we may incur (directly or indirectly including financing costs and including legal costs on a full indemnity basis) following any breach by the Reseller of any of your obligations under the terms of this Agreement. 11.5. For all other liabilities not referred to elsewhere in these terms the Our liability is limited in damages to the price of Your subscription Plan for the minimum term period, be that monthly or yearly. 11.6. Nothing in these terms restricts or limits the Our liability for death or personal injury resulting from negligence; for fraud or fraudulent misrepresentation; and for any other liability the exclusion or limitation of which is not permitted by law.
You shall defend and indemnify Us and hold Us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by You or materials or information transmitted by you in connection with Our system, leading wholly or partially to claims against Us or Our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
13. Disclaimers of Warranty.
Our system is provided 'as is' and We make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the service.
This Agreement represents the entire understanding between You and Us regarding Our commercial relationship and supersedes any prior statements or representations to which, by using our System and Services, YOU AGREE TO BE BOUND BY THESE TERMS OF THIS ONLINE APP OWNER LICENCE AGREEMENT. If you do not agree to the terms of the Subscriber Agreement, please stop using our Services, Website, Apps immediately and please contact us at [email protected] and request to have your App deleted from our system.
15. Using 'cookies'.
15.1. The so called 'cookies' may be used while using services or products rendered by the Food Appers service. 15.2. These are pieces of information sent by the server, stored on a user’s computer or device for automatic identification of a particular user when using our services. 'Cookies' enable us to quickly confirm your identity and owing to them the use of our services becomes much easier and more widely available. 15.3. 'Cookies' are used by Food Appers solely with the purpose of personalizing a particular User. 'Cookies' can be used on condition that they are accepted by a browser and that they shall not be removed from the storage media. 15.4. Users who removed 'cookies' from their storage media or have not accepted them on their browser may not have access to products or services rendered by Food Appers.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE SUBSCRIBER AGREEMENT. If you do not agree to the terms of the Subscriber Agreement, please stop using our Services, Website, Apps immediately.
18. License Terms and Conditions of Use.
18.1. You are granted a non-exclusive license to use the Our system and services subject to Your compliance with all the terms and conditions of this License Agreement.
18.2. You are only granted a license for rent the App from the Food Appers system. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.
18.3. You may not distribute copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use Our system, services and software (even for your own branches which are located locally or regionally).
18.4. Your App can only be stored in the Food Appers system, in the Food Appers cloud, or published on a selected App store. Any other use is not allowed.
18.5. You do not have any proprietary rights to the system, services, software or codes.
18.6. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.
18.7. Your license to use Our system, services and software shall be revocable by Us upon written notice to You for any breach.
18.8. This license shall automatically terminate upon Your violation of any the terms herein or upon Your use of the software beyond the scope of the license provided herein.
18.9. The use by You beyond the scope of this license shall constitute copyright infringement.
18.10. This license agreement shall be effective and binding You immediately upon from when You purchase our Services.
18.11. You accept Our system, services and software on an 'AS IS' and with all faults basis. No representations and warranties are made to You regarding any aspect of the system, services and software.
18.12. We hereby disclaim all warranties, express or implied, relative to the system, services and software, including but not limited to any warranty of fitness for a particular purpose or merchantability. We shall not be liable or responsible for any damages, injuries or liabilities caused directly or indirectly from the use of the software, including but not limited to incidental, consequential or special damages.
Website & Clickable License Notice.
1. All App Owners, Users and all other parties (collectively, You) accessing this website or our Apps are hereby notified that they are using the copyrighted work of the Food Appers. (the We, Us, or the Owner of this Website) and the applicable Vendor of such Software and that all other contents of this Web Pages/ Apps (“Content”) is the copyrighted work of the owner and operator of this website. The Owner of this Website, and the Vendor of the Software assert all copyrights and other proprietary rights in and to such items.
2. You should assume and are hereby notified that claims of copyright are applicable to all items contained on this web page or available for download through this web page. You should not assume that any item available on or through this web page is in the public domain or constitutes “freeware”.
3. Should You terminate your service with Us, your Apps will completely be removed from all App Store’s and the administrative interface will be blocked. You are not permitted to transfer or attempt to migrate your app outside of the Food Appers environment under any circumstances. All violations will be considered as direct copyright infringement and will result in a legal liability by You.
4. No permission is granted by Us to use any documents, graphics, software or any other item included in or available through this web page unless in conjunction with a specific License Agreement. The Owner of this Website and all vendors assert all copyrights and proprietary rights in and to materials available through this website regardless of whether such materials include a notice of copyright