Last Updated: January 1, 2018
Easy Easy Apps is a platform (“Easy Easy Apps”), created and maintained by Doubleasy – Aplicativos, Lda.. (“EASY EASY APPS” or “Service provider”), which allows its users (“User”) to create applications for cell phones and tablets (“Mobile Applications”) for the use of other users (“End Users”)
By using Easy Easy Apps (“Service”), as well as by publishing any Mobile Applications in any cell phone platform or any application store, the User automatically accepts and undertakes to follow the terms and conditions (“Terms of Service”) established here and recognises for the purposes of the present contract the following definitions:
- Service – Easy Easy Apps
- Service provider – EASY EASY APPS
- User – Person who buys the service
- Account – Domain of each user
- Site – easyeasyapps.com
A) Terms of Service
EASY EASY APPS reserves the right to update and change the Terms of Service from time to time without notice;
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service;
Continued use of the Service after any such changes shall constitute your consent to such changes;
You can review the most current version of the Terms of Service at any time at: http://www.easyeasyapps.net/terms.html
Violation of any of the terms will result in the termination of your Account;
EASY EASY APPS prohibits the use of inappropriate content for Mobile Applications created in Easy Easy Apps;
You agree to use the Service at your own risk.
B) Account Terms
You must be 15 years or older to use this Service;
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process;
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows;
You are responsible for maintaining the security of your account and password. EASY EASY APPS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation;
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). When submitting or disclosing such content in areas of the Service which are accessible to the public, the user declares to be the owner of such content, exempting EASY EASY APPS from all fiscal responsibility or fiscal obligations inherent to the management or issue of any document;
You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in any jurisdiction (including but not limited to copyright laws).
C) Usage Terms
Customers can browse their Easy Easy Apps account data and use their Mobile Applications (“Site Usage”). Any Site Usage is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that EASY EASY APPS shall not be liable, even through negligence, for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EASY EASY APPS has been advised of the possibility of such damages), resulting from your site usage or third-party products that use the Service.
EASY EASY APPS reserves the right at any time to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice.
In the case of the Service being permanently discontinued, EASY EASY APPS shall inform the user of this fact 30 (thirty) consecutive days before the date of closure.
The User agrees and is aware that EASY EASY APPS may introduce third-party media and publicity in Mobile Applications, under its own criteria and opportunity, without previous notice or warning.
D) Payment, Refunds, Upgrading and Downgrading Terms
The service payment will be done preferably by credit card, ATM, wire transfer or check;
If you initially sign up for a subscription plan other than the free one, and you don’t cancel the account within 30 (thirty) days, an invoice for payment of the Service shall be issued on the 30th (thirtieth) day after the initial creation of his or her account;
If during the free plan or the trial period the user upgrades to a paid plan, the free period will immediately terminate and the user will be charge in the next month;
The service is charged in advance, depending on the periodicity contracted or pre-paid plan and is not in either case reimbursable. There shall be no reimbursement or credits for partial months of Service, upgrade/downgrade restitution or reimbursement for months not used in an open account. No exception shall be considered based on the principle of equality;
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;
In the accorded price it isn’t included any tax or obligations imposed by the fiscal authorities;
If the user carries out or wants to upgrade or downgrade the account plan, payment of this service shall be immediately and automatically enforceable and is due in the next immediate invoice period, and may be paid to EASY EASY APPS by credit card or another acceptable method of payment, should the user have provided this at the time of contracting the service or during its execution;
EASY EASY APPS does not guarantee approval or acceptance of candidature for any User created Mobile Application for distribution to other mobile platform providers. If the mobile platform provider denies the request, the User is free to cancel his/her account, without refund under any circumstances
The price of a specific plan cannot be renegotiated.
E) Cancellation and Termination
You are solely responsible for properly cancelling your account. Account cancellation requests must be submitted via e-mail by email@example.com. Cancellations by phone or sent via any other means will not be considered valid.
If the user cancels his account, it’s content shall be immediately removed and the information and content in the memory/saved/maintained shall not be recoverable, and so EASY EASY APPS strongly advises the user to create a security storage or backup.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
EASY EASY APPS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other EASY EASY APPS service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. EASY EASY APPS reserves the right to refuse service to anyone for any reason at any time.
EASY EASY APPS as the right to refuse service to any person for any motif at any moment.
F) Modifications to the Service and Prices
EASY EASY APPS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice;
EASY EASY APPS may discontinue the Service or part of it, whenever it detects the necessity to change or correct it. The user expressly accepts that EASY EASY APPS automatically supplies him or her with such corrections as part of the Service and any possible breakdowns inherent to these;
As part of the service, EASY EASY APPS may temporarily discontinue or make changes to the Service, as a result of corrections to software problems, functionality improvements, general improvements, or even provide completely new versions of the service, aiming to improve the service provided, with a view to maximum user satisfaction and benefit. EASY EASY APPS shall not be liable towards any user or any third-party for any damages that may result or arise from the termination or suspension of the account and/or access to the Service by the user;
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Easy Easy Apps site (http://www.easyeasyapps.net) or the Service itself.
EASY EASY APPS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
G) Copyright and Content Ownership
All Service Rights are reserved to EASY EASY APPS. The user accepts that the Service contains protected and confidential information which is governed by the applicable legislation.
The look and experience of this service are of private property of Easy Easy Apps and EASY EASY APPS. All rights reserved. You may not duplicate, copy, or reuse any portion of the Site, or visual design elements, portions of the HTML/CSS visual design or concepts without express written permission from EASY EASY APPS, making it clear that any violation may give rise to legal proceedings to enforce them, as well as making the User responsible before the civil and criminal spheres.
The User declares to be aware that the content inserted in Mobile Applications is of exclusive responsibility of the user that publishes it and understands and agrees that EASY EASY APPS cannot be responsible for the content posted or shared through the Service and that he/she may be exposed to such kind of content.
You hereby grant to EASY EASY APPS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content in any and all media now and in the future, for any purpose relating to the Service. EASY EASY APPS does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.
EASY EASY APPS claims no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Applications, you agree to allow others to view and share your Content via your Mobile Applications.
An exception is given to the rights of third-party media and advertising inserted at the discretion of EASY EASY APPS, which remain owned by the original holders.
EASY EASY APPS does not perform content filtering. Nevertheless, EASY EASY APPS and their representatives have the right (but not the obligation) under its sole discretion, to refuse or remove any content made available through the Service.
The User will just be responsible for ensuring and paying for all telephone records, supplies, licenses, any public performance license, synchronisation licenses and any other license of musical composition, required by private property owners (or their agents) in connection with all of the content selected by the User to be used in connection with the application of Easy Easy Apps.
The User further agrees that EASY EASY APPS will not be liable for any damages whether direct, indirect, incidental, special, consequential or exemplary, including, but not limited to, damage by loss of profit, goodwill, use, data or further intangible losses, resulting from improper use of such content.
All violations related to intellectual property rights for content published and shared are the sole responsibility of the User who posted it, and EASY EASY APPS never, under any circumstances, will be responsible for the misuse of such contents, reserving the right – after being aware of its illegal nature or misuse– to cancel the respective User Account without any notice.
The User and Mobile Application generated must comply with all of the applicable laws and regulations of privacy and intellectual and industrial property, its terms and conditions.
I) General Conditions
Your Site usage is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support in is only provided to paying account holders and is only available via email, in English or Portuguese.
EASY EASY APPS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site.
You must not modify, adapt or hack the Site/Service or modify another website so as to falsely imply that it is associated with the Site, EASY EASY APPS, or any other EASY EASY APPS service.
Verbal and physical abuse, written or of any other kind (including threats of insult or retribution) to any customer, employee, member or executive of EASY EASY APPS, will result in immediate termination of the respective Account.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, Site Usage, or access to the Site without the express written permission by EASY EASY APPS.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
The service is provided online, and so EASY EASY APPS is not responsible for any fault in the connection and the inherent inability to use it.
The User authorises the use, reuse, and grant to others, the right to use and reuse his/her content, and any reproduction or simulation thereof, in any form of media or technology known nowadays or hereafter developed, during and after the use of Services, for any purpose related to the Service.
You must not transmit any worms or viruses or any code of a destructive nature.
EASY EASY APPS does not guarantee that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, safe or free from error, (iii) the results that may be obtained from using the Service shall be correct or trustworthy, (iv) the quality of the products, services, information or other material acquired or obtained by the user through the Service will meet his or her expectations, and (v) any errors in the service will be corrected.
The user expressly understands and agrees that EASY EASY APPS shall not be liable, for any direct, indirect, accidental, special, consequential or specimen damages, including but not limited to: damages for loss of profit; good faith; use; data or other resulting intangible losses (even if EASY EASY APPS had been advised of the possibility of such damages): (i) use of or inability to use the service, (ii) cost of acquiring replacement goods and services as a result of any goods, data, information or services acquired or obtained or messages received or operations contracted through the service, (iii) unauthorised access or change to your transmissions or data, (iv) statements or conduct of others about the Service; (v) or any other matters relating to the Service.
The User understands that the technical processing and transmission of the Service, including his/her content, may be transferred unencrypted and involves (a) transmission through various networks and (b) changes to conform and adapt to technical requirements for connecting networks or devices.
If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by EASY EASY APPS) of other clients of Easy Easy Apps, additional fees will be charged according to tariffs. EASY EASY APPS reserves the right to change the fees for exceeding charge at any time.
You agree to defend, indemnify, and hold EASY EASY APPS, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Applications.
The failure of EASY EASY APPS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and EASY EASY APPS and govern your use of the Service, superseding any prior agreements between you and EASY EASY APPS (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.
You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.
In no event shall the obligations of EASY EASY APPS to the user exceed the amount actually paid to Easy Easy Apps by the User during the period of the last 12 month.
Questions about the Terms of Service should be sent to support at firstname.lastname@example.org
J) Governing Law
This agreement shall be interpreted under the laws of Portugal. Any and all legal actions relative hereto shall be in the courts of Lisbon.