Terms of Service

Welcome to AppyBuilder's website (the "Site"). The Site runs on Google's App Engine service. You must read and agree to these Terms of Service and Privacy Policy (collectively, the "Terms") prior to using any portion of this Site. These Terms are an agreement between you and AppyBuilder. If you do not understand or do not agree to be bound by these Terms, please immediately exit this Site.

AppyBuiler reserves the right to modify these Terms at any time and will publish notice of any such modifications online on this page for a reasonable period of time following such modifications, and by changing the effective date of these Terms. By continuing to access the Site after notice of such changes have been posted, you signify your agreement to be bound by them. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

Account Required for Use of AppyBuilder

In order to log in to AppyBuilder, you need to use a Google account. Your use of that account is subject to Google's Terms of Service for accounts, and the information you provide to Google is governed by Google's Privacy Policy. AppyBuilder has no access to your Google account or the information you provide for it other than the account email address, which we may use to contact you. In the future, we may provide alternative means for using AppyBuilder without Google accounts, at which point we will update these terms of use to reflect those alternatives.

Information about you

Beyond the name of your Google account, you do not have to tell us anything about yourself to download the AppyBuilder setup software or use the AppyBuilder Web site.

The Apps you create

By creating and storing apps on the AppyBuilder server you represent and warrant that you are the owner and creator of the apps, ( i) that you have the authority to authorize AppyBuilder to store the apps on the AppyBuilder Server and (ii) you will use the apps in compliance with all applicable laws and regulations. You, and not AppyBuilder, are solely responsible for your apps and your use of them.

AppyBuilder has no proprietary rights in the apps you create with AppyBuilder. These apps belong to you. Your apps are stored on the AppyBuilder server. You have the right to download your apps and delete them from the server at any time. If you delete an app, there is the possibility that AppyBuilder may be able to continue to access it from the backups we keep for purposes of system maintenance, but these backups are periodically purged and are not designed for long-term preservation. AppyBuilder will strive to keep your apps and your account accessible to you for as long as you wish, but we have no obligation to do so, and AppyBuilder has no liability for the consequences of the service becoming unavailable or your apps becoming unavailable. We therefore strongly suggest that you maintain backup copies of valuable apps at places besides the AppyBuilder server.

Disclaimer of Warranty / Indemnification/Limitation of Liabilities

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AppyBuilder does not warrant the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through this Site is at your own risk. Your access to or download of software, information, materials, or data through the Site or any reference sites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

IN PARTICULAR, AppyBuilder WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).

Indemnification

You agree to defend, hold harmless and indemnify AppyBuilder, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, AppyBuilder will provide you with written notice of such claim, suit or action.

Entire Agreement

This Agreement constitutes the entire agreement between you and AppyBuilder with respect to your use of the Site, superseding any prior agreements between you and AppyBuilder regarding your use of the Site.