Please check the Terms & Conditions on several occasion over time to be informed of all new terms that govern our relationship. You should check this page from time to time to ensure that you are happy with any changes.
Appz Motion may change, at its discretion, the Terms and Conditions, in whole or in part, at any time without prior notice. Changes will be valid when published on the site. Your use of the site is considered as acceptance of these changes.
1. Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.2. Trade Marks
All materials used for the site and its products should be allowed to whoever owns the rights.
2. Copyright Agent
If you think your products has been copied or there was some breach of copyright please inform us by sending an email at contact@appzmotion.com, including: your name, address, e-mail; a report of where the supposedly infringing material is located; a report of the copyrighted work that you assert has been infringed.
3. Prohibited Conduct
You warrant that when using the site and the services it offered you will no: use a false email address or data; insert your own or a third partys advertising and use the service for any further commercial or promotional purposes.
You must not: engage in spidering, screen scraping, database scraping, to obtain lists of users or other information from or through the Sites; intent to interrupt, damage, disable, or impair the; use the sites for any purpose or activity of an illegal, fraudulent, obscene, offensive. Appz Motion reserves the right, in its absolute discretion, to determine if your use of the site does not meet the Terms & Conditions.
4. Users
You do not have to be a buyer or developer to access this site. To visit some areas of the site you must become a buyer or developer. To become a buyer or developer you have to accept this Terms & Conditions.
The site and uploaded content will be visible to everyone on the internet. If you register on Appz Motion website, you accept the Terms & Conditions and a legal agreement between you and Appz Motion will exist in relations to the use of the site. If you are agreeing on behalf of your company, you represent that you have legal authority to bind your company to the terms of the Agreement above. You also confirm that you are of the legal age of majority in the jurisdiction in which I reside (at least 18 years of age in many countries).
4.1. Buyers
Appz Motion can decide, at its sole discretion, if: deny your request to become a buyer; once you become a buyer to suspend the account at any time. Appz Motion is not obliged to give explanations for its decision to suspend your buyer account request. You are responsible for each and every access or use of the Site done with your username and password. You must notify us of any unauthorized use of your username and password.
4.1.1. Buying Products
Purchasing a product on Appz Motion Marketplace means: ‘Having access to digital contents and obtain a license to use it’. If you buy a Product you can not cancel the order once the order has been sent. As a Buyer you agree that you will have access to an intangible item, a license to use a digital content, and that this kind of purchase is not eligible for re-imbursement under the PayPal Buyer Protection (User Agreement for PayPal Services – 25, February 2013 – article 13.3 of //goo.gl/M4cly).
4.1.2. Payments from Virtual Wallet (Credits)
You can make a payment into your Virtual Wallet with credit card or via PayPal. You authorize Appz Motion to make a debit to your Virtual Wallet to pay for products listing. All the money deposited into your Virtual Wallet must be used to purchase products on the site. Appz Motion will not refund any money deposited into your Virtual Wallet as a buyer. All the money deposited into your Virtual Wallet as a Buyer, that are not used for a period of 12 months, will be forfeited to Appz Motion. Appz Motion is not obligated to warn you about the forfeiture before it happens. The Terms and conditions regarding refunds, chargeback, and unauthorized transactions, authorizes Appz Motion to automatically deduct such refunds, chargeback and unauthorized transactions from the Virtual Wallet. If the buyer asserts that the Product is not as described or is broken or is corrupt, you authorize us to give the buyer a full refund on the Product price if the buyer requests the refund within 7 calendar days after purchase and the claim is found to be valid.
4.1.3. Fees and Services
No payment is required to become a Buyer. If you are a buyer will pay a sum to purchase the product. Payment can be made via PayPal or credit card (via PayPal). You are responsible to pay all fees and charges (including withholding tax), associated with your use of the Site wherever levied (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). All prices on the Site are expressed in US dollars. The buyer is responsible for the costs of exchange between its currency and the Dollar.
4.1.4. Refunds
We stand behind our goods’s quality and your satisfaction with them is important to us. However, because they are digital goods, delivered via download, we offer no refunds. In special cases, if you notice that any of our products have errors, we can evaluate your refund request as long as you request it within the following 7 days after having made your purchase, for this you must contact us through our support email: sales@appzmotion.com.
Please note that if you do not make the refund request within 7 days of your purchase, Appz Motion will consider that you have received the product correctly and are already using it.
4.2. Developers
4.2.1. Selling Products
The developer guarantees to Appz Motion and buyers in relation to its products that:
- owns the intellectual property rights in that product;
- the product does not infringe the intellectual property rights of any;
- that product is not fake, stolen or an illegal item;
- that product is not defamatory, unlawfully threatening or unlawfully harassing;
- that product is not obscene and does not contain pornography and does not contain material malicious to person under the age of 18 years;
- that the products does not contain viruses or malicious codes for computer hardware and software;
- that the product does not cause loss of service to the ISP;
- that Product does not violate the law of any state.
You are familiar with the products before they are put on Appz Motion must be reviewed by Appz Motion. Appz Motion may refuse, at its sole discretion, the product. Appz Motion should not give any explanation about the refusal. If the products you have uploaded to the site violates the Terms and Conditions Appz Motion may suspend your account and the money earned will be returned only after the dispute has been resolved. You acknowledge and agreed that Appz Motion will decide, in its sole discretion, the price of each product. The products of the site are continually reviewed and Appz Motion may decide to remove an item from the site without prior notice. The developer will not be refunded in any way for losses due to the elimination of its product from the site. You acknowledge and agreed that you must maintain your products online a minimum of 6 months from submission date. Appz Motion is not responsible for the use of products that customers will buy. You agree and acknowledge that Appz Motion may use the whole or any part of a Product to promote the site.
4.2.2. Payout
Appz Motion will pay the amount earned by the developer in the following ways:
- If a developer has earned less than $100,00 can request a payout to a PayPal account. Appz Motion will pay through a PayPal account (and in no other manner). Payments of less than $100,00 are processed at the end of each quarter and paid out on the 15th of the following month.
- For earnings of more than $100,00, you can request a payout to a PayPal account. Payments are processed at the end of each calendar month and paid out on the 15th of two following months.
- The Terms and conditions regarding refunds, chargeback, and unauthorized transactions, authorizes Appz Motion to automatically deduct such refunds, chargeback and unauthorized transactions from the Virtual Wallet.
4.2.3. Fees and Payments
No payment is required to become a Developer. No payment is required to sell products. If you are a buyer will pay a sum to purchase the product. If you are a developer, you will receive a fee for each item sold. Payment can be made via PayPal or credit card (via PayPal).
4.2.4. Authorize Appz Motion to Assist you on DMCA Notice Event
You authorise Appz Motion ltd to act on your behalf in case of a copyright violation of the App Source code you published on the marketplace. This condition will take place in case one or more App Source Code (you fully own the copyright) published for sale on the marketplace Appzmotion.com, will be published, promoted or distributed, without your written permission/authorization, in third party sites, forum or digital locations. In that case you authorise Appz Motion to prepare and send out a DMCA notice to the infringer (website, company or people), in order to grant the taking down of the unauthorised distribution of your copyrighted material. Appz Motion , at its sole discretion will choose if assist you or not and could not be considered responsible for any activity or violation of your copyrighted material.
4.2.5. Commissions
The developer authorizes Appz Motion to retain its commission for every product sold. The commission changes according to agreements. Developer are elegible to receive a share of 60% of each item sold. Commission fee may be changed by Appz Motion at its sole discretion, from time to time.
5. Appz Motion Role
Ownership of the goods remains with the developer. Appz Motion has no right to the ownership or use of the products of the site. Appz Motion has not control and not responsibility for the quality, safety or legality of products sold and downloaded from the site. Appz Motion not guarantee that the products, codes, materials downloaded from the site do not infringe the intellectual property of others. Each developer is responsible for its products sold.
6. Availability and Use of the Site
Appz Motion may, in its discretion, and for any reason, and at any time without notice: terminate your access to the site or part thereof; modify, terminate all or part of the service. Appz Motion is not liable for loss due to, total or partial, interruption of the service.
7. Disclaimer
Appz Motion does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: all content and services on the Sites is provided as is and without warranties of any kind; Appz Motion does not guarantee that the service is free of errors and that they will be correct and the server that hosts the site is free of viruses or other harmful components.
8. Jurisdiction
Jurisdiction for any dispute is the Court of Peru.
9. Changes to Terms & Services
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
10. Definitions
In these Terms & Conditions:
- Buyer means a person who is registered as buyer by submitting the request and accept terms and conditions;
- Buyers means user who buys products on the site;
- Developer and/or author means user who sell product through the site;
- Virtual Wallet is the virtual credit of users who buy and sell products;
- We or us means Appz Motion;
- You or your means developer or buyer.
11. Contact Information
Questions about the Terms & Conditions should be mailed to us at contact@appzmotion.com.