Terms of service

Terms of service contain important information about your legal rights and obligations. By using Appwizard or any Appwizard services, you are agreeing to these terms.

Summary

We (the folks at Appwizard.) run a service called Appwiz.co.za and would love for you to use it. Portions of our service are free, and we offer paid upgrades for advanced features such as such as       mobile applications, domain hosting, and extra storage. Our service is designed to give you as much control and ownership over what goes on your social network and mobile application as               possible and encourages you to express yourself freely. However, be responsible in what you post. In particular, make sure that none of the prohibited items listed below appear on your social         network or mobile application or get linked to from your social network or mobile application (things like spam, viruses, or hate content).

You can check our page on types of social networks to get a sense of the types of sites that are welcome on our service (or not!). If you find an Appwiz blog that you believe violates our Terms of       service, please send us a note on info@appwiz.co.za.

Terms of service

The following terms and conditions govern all use of the Appwiz.co.za website and all content, services, and products available at or through the website (collectively, the “Service”). The Service       is owned and operated by Zikode Innovations PTY Ltd. (“Appwiz/Appwizard.”). The Service is offered subject to your acceptance without modification of all of the terms and conditions                     contained herein and all other operating rules, policies (including, without limitation, Appwiz, ’ Privacy Policy) and procedures that may be published from time to time on this Site by Appwiz.

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this                       agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer           by Appwiz., acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

1. Your Shoutem.com Account and Site

If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that         occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner,                       including in a manner intended to trade on the name or reputation of others, and Appwiz may change or remove any description or keyword that it considers inappropriate or unlawful, or                 otherwise likely to cause Appwiz liability. You must immediately notify Appwiz of any unauthorized uses of your social network, your mobile application, your account or any other breaches of         security. Appwiz will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by           means of the Service (any such material, “Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of           whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to             any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the                 search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the               privacy or publicity rights of any third party;
your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited       promotional methods; your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your       social network’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by social             network or otherwise.
By submitting Content to Appwiz for inclusion on any services or applications provided by Appwiz, you grant Appwiz a world-wide, royalty-free, and non-exclusive license to reproduce,                     modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your social network or mobile application. If you delete Content, Appwiz will use                     reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Appwiz has the right (though not the obligation) to, in Appwiz’s sole discretion (i) refuse or remove any content that, in Appwiz’s           reasonable opinion, violates any Appwiz policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in           Appwiz  sole discretion. Appwiz will have no obligation to provide a refund of any amounts previously paid.

3. Fees

User agrees to either a one (1) month or twelve (12) month contract agreement with Appwiz.

User can opt to upgrade or downgrade their service agreement to any other contract agreement that Appwiz is currently offering for sale at any time during User’s contract term. Any plan downgrades will take effect when your next billing cycle begins. In the case of an upgrade, you will be charged for the difference in the cost of the two contracts over the remainder of the original contract term.

At the end of the contract term, the contract will automatically renew indefinitely until explicitly canceled. Cancellation must be issued via Appwiz’s support addresses. Any cancellation must be done three (3) days prior to the end of the contract term to allow for adequate processing time.

4. Chargeback / Refund / Cancellation Policy

If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Appwiz accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase.

Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service.

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

Appwiz has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

All cancellations must be requested a minimum of 48 hours prior to your monthly billing date.

5. Responsibility of Service Visitors

Appwiz has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Appwiz does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

Appwiz disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Appwiz.co.za links, and that link to Appwiz.co.za. Appwiz does not have any control over those non-Appwiz services and webpages, and is not responsible for their contents or their use. By linking to a non-Appwiz website or webpage, Appwiz does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Appwiz disclaims any responsibility for any harm resulting from your use of non-Appwiz websites and webpages.

7. Changes

Appwiz reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Appwiz may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination

Appwiz may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Appwiz.co.za account (if you have one), you may simply discontinue using the Service. Appwiz can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties

The Service is provided “as is”. Appwiz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Appwiz nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

10. Limitation of Liability

In no event will Appwiz, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Appwiz under this agreement during the twelve (12) month period prior to the cause of action. Appwiz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Appwiz. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from tSouth Africa or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification

You agree to indemnify and hold harmless Appwiz, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

NOTE

This Terms of Service document is available under a Creative Commons Sharealike license. The document is derived from the original work by Automattic Inc., San Francisco, California, authors of the world famous WordPress.com.