Terms & Conditions

Terms & Conditions

All users, both registered and not registered ("User"), must carefully read the following Terms and Conditions (T and C's) before accessing and using the Appsolutely website ("Site"/"Service").

1. Acceptance of terms
Welcome to the Appsolutely Website. By accessing or using www.masero.co.uk/appsolutely ("Site"/"Service") you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these T and C's including our Privacy Policy. Appsolutely reserves the right to update and change the T and C's from time to time without notice or acceptance by you the user. By using the Service, you signify your irrevocable acceptance of these T and C's.

2. About Appsolutely
Appsolutely is the trading name of Appsolutely Apps. Our office is 1st Floor, 128 Sackville Road, Hove, BN3 7AA.

3. Appsolutely Privacy Policy
Data you submit via our service and certain other information about you are subject to our Privacy Policy full details available through our website.

4. Service description
Appsolutely maintains this Site for your information, education and communication. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Appsolutely tools, resources and products, shall be subject to these T's and C's. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service provided may include certain communications from Appsolutely, such as service announcements, administrative messages or Appsolutely related news, and that these communications are considered part of the service provided and you will be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Appsolutely for use in accessing the Service. All information, data, text, software, music, sound, images, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. The User, and not Appsolutely, are entirely responsible for all Content that is uploaded, otherwise make available via the Service by the user. Appsolutely does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and alterations to conform and adapt to technical requirements of connecting networks or devices.

5. Intellectual property
All the content on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Appsolutely, and is protected by United Kingdom and international copyright laws. The Content of the Site may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without prior written consent of an Appsolutely authorised representative.

6. Appsolutely's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Appsolutely or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, Site or the Software, in whole or in part. The User shall not copy, modify, create derivative works, and in any way try to discover the Source codes of the Software, sell, sub-license, or transfer to 3rd parties any right on the Software. Appsolutely does not wish to receive confidential or proprietary information from the User through the Service or by email. Unless otherwise agreed in writing by an authorised Appsolutely representative, any material, information or idea you transmit to Appsolutely by any means may be disseminated or used by Appsolutely or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.

7. Representations, warranties and limitation of liability
The Website is presented on an "as is" and "as available" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of merchantability, satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by Appsolutely or its affiliates. We make all reasonable efforts to ensure that the information on our Website is accurate and up to date. However, you should always independently varify any information before relying on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date. Appsolutely will make reasonable efforts to maintain the service, however, Appsolutely is not responsible for any damage, loss of data, customer information or vendor data, revenue or other harm to business arising out of delay, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors.

Appsolutely does not warrant that: The Service will meet your specific requirements, the Service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the Service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by the User through the service will meet your expectations and any errors in the software will be corrected.In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a 3rd party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.

The limitation of liability shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.

You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, representatives, shareholders and employees harmless from any claim or demand, including any legal fees, made by any user (registered or otherwise) or 3rd party due to or arising out of your breach of these Terms (including any documents incorporated by reference), your violation of any law or the rights of a 3rd party or any breach of your representations and warranties as contained herein.

8. General rules regarding service use
The User agrees that Appsolutely may establish rules and general limits regarding the use of the Service, including but not limited to the number of times the User can access the Service per Unit of time, the number and size of the content which can be uploaded or downloaded, the duration of each session and may modify such rules and limits from time to time without notice to you.

9. Content and User Conduct rules and obligations
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in appsolutely's sole discretion as to what action should be taken.

The User has the sole responsibility for any content uploaded, or in any other way transmitted or distributed through the Service. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the person from which such Content originated. You, and not Appsolutely, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Appsolutely does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Appsolutely be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, transmitted or otherwise made available via the Service. You acknowledge that Appsolutely does not pre-screen Content, but that Appsolutely and its representatives shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Appsolutely and its representatives shall have the right to remove any Content that violates the T's and C's or is otherwise objectionable in Appsoltely's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Appsolutely or submitted to Appsolutely. The user agrees that appsolutely cannot be held responsible for the loss of data, or content uploaded by the user.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

The User agrees not to :

1.Upload or make available in any other way Content that is unlawful, prohibited, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
2.Harm people under the age of 18 in any way;
3.Upload or make available in any other way unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting an application with inappropriate links, titles, descriptions, or (c) promoting your applications by posting multiple submissions in public forums that are identical;
4.Impersonate any person or entity, including, but not limited to, an appsolutely official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
5.Upload or make available in any other way Content that the User does not have the right to distribute;
6.Upload or make available in any other way Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
7.Upload or make available in any other way Content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;
8.Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9.Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
10.Violate any Local or International Law or applicable regulations;
11.Upload or make available in any other way any material that contains software viruses or any other computer code, files or programs designed to interrupt,destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12.Collect and store other Users' personal data;
13.Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
14.Upload or make available in any other way pornographic material.
15.Make any automated use of the system unless such use it authorised by appsolutely.

11. International Use
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.

12. Content submitted
Appsolutely does not claim ownership of the Content you upload to or enter on our website. By submitting Content to appsolutely for inclusion in your app, you grant appsolutely 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 on appsolutely's properties. You acknowledge that appsolutely does not pre-screen Content, but that appsolutely and its employees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is uploaded via the Service without explanation or refund. Without limiting the foregoing, appsolutely and its employees shall have the right to reject or remove any Content that violates the T and C's or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

13. Appsolutely right to terminate
If any user is reported to be in violation with the letter or spirit of these T and C's, appsolutely retains the right to terminate such account at any time without further warning. Appsolutely has the right to remove any User's file at any moment, and to cancel any subscription without prior notice. It is the sole responsibility of the User to keep a copy of the Content uploaded on appsolutely's website. Appsolutely does not assume any responsibility in case of partial or total loss of the User's material. Although Appsolutely is not obliged to pre-screen and/or screen the files uploaded by Users, Appsolutely reserves the right to access any file, without prior notice, in order to verify the Users' compliance with the T's and C's. Personal data provided to Appsolutely remain the User's property. The User allows Appsolutely to use this information for operational and marketing purposes. This information will never be sold to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the User. The use of this Service is entirely at the User's risk. Services are provided without any implicit or explicit guarantees. In no way is Appsolutely responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other Users, or by any other event, including service interruption.

14. Fees/Payment
Appsolutely reserves the right to change its prices and at any time. 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. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

15. Indemnity
In the event of legal action brought on by 3rd parties in relation to Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Users' conduct, and/or in relation to the User's violation of the T's and C's , and/or of the User's violation of the rights of others, the User agrees to indemnify Appsolutely, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees). The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.

16. Additional Software
With respect to any additional software that may be made available by appsolutely in connection with the Service, if you elect to download or access such additional software or 3rd party Content made available to you through the Service, you understand that you may have to agree to additional terms and conditions before you use such software or 3rd party Content. You also agree that the use of any 3rd party software or Content obtained through the Service does not transfer to you any rights, title or interest in or to the software or such Content, and that you will not use any Content made available to you through the software or the Service except as expressly authorised under that 3rd party provider's terms of service or license. For greater certainty, by downloading software or Content made available through the Service, you are deemed to agree to the terms of service or license agreement posted on the Service, the terms of which are incorporated by reference herein for the benefit of such 3rd party providers. If you do not agree to the terms of service or license agreement, do not download the software or Content.

17. No resale or commercial use of service
The User agrees not to reproduce, copy, duplicate, sell, resell or in any way use for commercial purposes any part of the Site.

18. Service modification
Appsolutely reserve the sole and exclusive right to modify or discontinue at any moment, even without notice, temporarily or permanently, the Service. You agree that appsolutely shall not be liable to you or to any 3rd party for any modification, suspension or discontinuance of the Service.

19. Appsolutely's disclaimer of warranties
The User declares expressly that:

1.The utilization of the Service is at his\her sole discretion. The Service is provided "AS IS" and "AS AVAILABLE". Therefore Appsolutely cannot be held responsible in relation to the fruition and availability of the Service. Appsolutely expressly disclaims all warranties of any kind.
2.Appsolutely does not warrant that: (i) the service will satisfy the User's needs, (ii) the Service will be provided without interruptions, or without errors, (iii) the quality of services purchased through the Service will satisfy the User's expectations, (iv) any errors in software will be corrected.
3.Any file downloaded or obtained through the Service is obtained at the sole discretion of the User, and the User is the sole responsible for any harm produced, directly or indirectly, by the content on the Computer or the mobile phone.
4.No advice, suggestion, help, written or verbally, provided by Appsolutely to the user, shall imply any warranty from Appsolutely.

20. Limitations of liability
You expressly understand and agree that appsolutely shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, data or other intangible losses (even if appsolutely has been advised of the possibility of such damages), resulting from: (i) The use or inability to use the service; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorised access to or alteration of your transmission or data; (iv) Statements or conduct of any 3rd party on the service; or (v) any other matter relating to the Service. Appsolutely services are provided without any implicit or explicit warranty. Appsolutely cannot be held responsible for any harm coming from the inability to access or use the Site, or the loss of the files uploaded by the users. It is the responsibility of the Users to keep a copy of the Content uploaded on Appsolutely's site. Appsolutely declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorised access, modification of data. Appsolutely reserves the right to modify the Service at any time, even without notice.

21. Links
The Service or third parties may provide, links to World Wide Web sites or resources. Because appsolutely has no control over such sites and resources, you acknowledge and agree that appsolutely is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that appsolutely shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

22. Communication
All communications between the Parties shall happen in written form both via Electronic email or Postal services.

23. Applicable law and forum
These T's and C's and the relationship between you and appsolutely shall be governed by the laws of England and Wales. The User and Appsolutely agree to submit to the exclusive jurisdiction of the courts of England and Wales. Except where 3rd party software or networks are involved which are governed by another legal jurisdiction.

24. GENERAL
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the T and C's or other matters by displaying notices or links to notices to you generally on the Service. The failure of appsolutely to exercise or enforce any right or provision of the T and C's shall not constitute a waiver of such right or provision. The T and C's constitutes the entire agreement between you and appsolutely and govern your use of the Service, superseding any prior agreements between you and appsolutely (including, but not limited to, any prior versions of the T and C's). You also may be subject to additional terms and conditions that may apply when you use affiliate or other appsolutely services, 3rd party content or third-party software. If any provision of the T and C's or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T and C's remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T and C's must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T and C's are for convenience only and have no legal or contractual effect.

25. Submission services
All submissions to iTunes AppStore or Google Play are subject to the corresponding terms and conditions implied by the 3rd parties. It is the users sole responsibility to ensure the data included in their app adheres to these 3rd parties terms. Details can be found at www.apple.com & www.market.android.com

Please report any violations to these T's AND C's to our Help and Support Group: [email protected]