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Terms and Conditions

Last updated: 8/27/2020

Agreement between Client and The App Squad, App-Squad Marketing Services.

Welcome to app-squad.com and App-Squad Marketing Services.. The app-squad.com website (the “Site”) consists of various web pages operated by The App Squad. app-squad.com is offered to you by condition on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of app-squad.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.

App-squad.com is an app development and marketing services site.

Customers can purchase app development  services allowing   The App Squad to reskin an application for them. The App Squad offers app optimizations and marketing subscriptions as well.

Privacy

Your use of app-squad.com is subject to The App Squad’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collections practices.

Electronic Communications

Visiting app-squad.com or sending emails to The App Squad constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The App Squad is not responsible for third party access to your account that results from theft or misappropriation of your account. The App Squad and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Persons Under the Age of Thirteen

The App Squad does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you may use theappkids.com only with the permission of a parent or guardian.

Cancellation/Refund Policy

In the event that you change your mind about doing business with The App Squad, you have 1 business day from the date of signing your payment agreement to cancel and request a refund of your start up fee. You MUST email App Squad at support@app-squad.com letting us know that you would like to cancel and request a refund. From there, we will email you a refund document to sign and email back. Once we have received your signed cancellations/refund document, a refund check will be mailed to you within 10 business days, from the date of signing your refund document, to the address you have provided us with. If you would like to have the check sent to a different address than the one we have one file, please include the new address in your cancellation email.

As stated in your payment agreement, all over payments will be applied to the next scheduled payment. There will be no refund granted for previous or, over payments.

App-Squad Marketing Services will allow for any contract cancellation with a 30 days notice and payment for the following months’ marketing service payment, from date of notice.

Any and all other refunds are at the discrepancy of The App Squad.

Links to Third Party Sites/Third Party Services

App-squad.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The App Squad and The App Squad is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The App Squad is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by The App Squad of the site or any association with its operators.  

The App-Squad Marketing Services team, may use third (3rd) party vendors to perform various marketing services for us, on behalf of our clients, in relation to marketing clients app, in the agreed upon app channels (Apple (iOS), Amazon and Google Play.

Certain services made available via app-squad.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the app-squad.com domain, you hereby acknowledge and consent that The App Squad may share such information and data with any third party whom The App Squad has a contractual relationship to provide the requested product, service or functionality on behalf of app-squad.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use app-squad.com and the app-squad client services portal strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The App Squad that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The App Squad or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any  changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The App Squad content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The App Squad and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The App Squad or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by App Squad from our offices within the United States of America. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the App Squad content accessed through theappkids.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to to indemnify, defend and hold harmless The App Squad, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The App Squad reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will fully cooperate with The App Squad in asserting any available defenses.

Additionally, it is known that the App-Sqaud Marketing Services team will use (from time to time) and for (some marketing services), third (3rd) party vendors to perform services for us on behalf of our clients.  You agree to to indemnify, defend and hold harmless The App Squad, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your app’s app store listing or services used to boost your app listing, increase user installs and reviews of your app.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for the damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable actions, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire Dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AGAINST THE OTHER. Further, unless both you and The App Squad agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE APP SQUAD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

The App Squad AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. The App Squad AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, UNLESS IDENTIFIED AS A GUARANTEE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The App Squad AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OF INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE APP KIDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The App Squad reserves the right, in its sole discretion, to terminate your access to the Site and the related services or, related marketing services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitations, this section.

You agree that no joint venture, partnership, employment, or agency relationship between you and The App Squad as a result of this agreement or use of the Site. The App Squad’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in the derogation of The App Squad’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The App Squad with respect to such use. If any part of this agreement is determined to be invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The App Squad with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The App Squad with proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as the other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents written in English.

Changes to Terms

The App Squad reserves the right, in its sole discretion, to change the Terms under which app-squad.com is offered. The most current version of the Terms will supersede all previous versions. App Squad encourages you to periodically review the Terms and Conditions to stay informed of our updates.

Contact Us

The App Squad welcomes your questions or comments regarding the Terms and Conditions:

support@app-squad.com

1 (833) 543-7277 

App Squad Inc

4742 North 24th Street

Suite 300

Phoenix AZ, 85016