By using the Onyx App Creator web site you agree with the following Terms and Conditions.
Onyx App Creator reserves the right to update and change the Terms and Conditions of Use from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions of Use. Continued use of the Service after any such changes shall constitute your consent to such changes.
Terms Regarding Your Account
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You must be a person or a representative of a legal entity. Accounts registered by “robots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. Onyx App Creator cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account, even when content is posted by others who have access to your account.
- You may not use our service for any illegal or unauthorized purposes. You must not, in the use of our services, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While Onyx App Creator prohibits such conduct, you understand and agree that Onyx App Creator cannot be responsible for the content posted on our website and you nonetheless may be exposed to such materials.
Terms Regarding the Service
- The User is necessarily a professional, whether acting as natural or legal person.
- The User acknowledges having had the time, information, documents and guidance necessary to verify that the Service corresponds to his needs. Consequently, ONYX APP CREATOR cannot be held responsible for any unsuitability of the Service to the aforementioned needs.
- The User subscribes to, creates and handles the Service on the website www.onyxac.com.
- The validation of the subscription to the Service implies unconditional acceptance of the General Conditions.
- The Clients can use the Service created by the User exclusively on their mobile devices, either with mobile phones using web-type mobile solutions (web application/mobile site) or with native applications.
- Following the online subscription to the Service, ONYX APP CREATOR issues a personal confidential access code to each User, composed of a user identification code and a password enabling the User to authenticate himself and thus access the service.
The user identification and password will be sent to the electronic address of each User, as it is indicated in the on-line subscription form of the Service.
The safeguarding of user identification and password information is under the sole responsibility of the User, who must take any measures necessary to keep third parties from knowing or using them in any way and under any circumstances. The User agrees to immediately inform ONYX APP CREATOR of any use by an unauthorized third party.
In case the password and/or user identification is forgotten, the User must follow the procedures to reset them on the authentication page of the website www.onyxac.com.
- When a User subscribes to and defines the Service, the Company must necessarily submit it to the mobile application access providers (“Access Providers”) to have it validated by them. The User is informed that the Access Providers can deny that the Service be released for reasons of the content of the Software defined by the User. The User agrees to take any necessary measures to render the Service compatible with the prerequisites of the Access Providers. In case the online release of the Service is refused for reasons attributable to the Company, the latter must do the necessary to make the Service comply with the recommendations of the Access Providers. In any case, once the Service has been modified, if the Access Providers maintain their refusal to release the Service online, the contract will be terminated with no further formality than the notice to the User that the Access Providers have refused to release the Service online. The aforementioned notice can be made by any means. If the refusal to release the Service online is the exclusive consequence of the User’s action, and in particular for reasons of his refusal to modify the Service in accordance with the demands of the Access Providers, the amounts that were paid before the refusal occurred will be kept by the Company as a penalty clause. In the other cases, the amounts paid by the User under the terms of the Contract will be entirely refunded to him.
As soon as the Service is validated by the Access Providers, the Company will inform the User of the release of the Service, by electronic mail and as soon as possible.
Terms Regarding Payments, Refunds and Upgrades
- You are responsible to pay the developer account fee Apple and Google.
- You are not bound to any contract and you may request to cancel our services 2 business days before the next billing cycle.
- The service is billed in advance on a monthly or annual basis. A monthly account can be cancelled at any time but it is non-refundable for the current month. There will be no refunds or credits for partial months of service. An annual (yearly) account can be cancelled at any time, but it will be pro-rated based on the closest monthly account. If the balance is greater, a credit will be issued and if the balance is less than the paid annual amount, no refund will be issued.
- The duration of the subscription to the Service by the User has effect from the date that the service is activated – for which the User will be notified via electronic mail – and for the duration that the User chose upon subscription.
- The User chooses the duration and terms of payment for the Service upon subscription. The duration and terms thus chosen by the User, and the contractual conditions associated with these, are an integral part of the General Conditions.
- A valid credit card or PayPal account is required.
- All fees are subject to applicable Provincial, state and federal taxes, based on the location of your business.
- The app development time will be calculated after we receive and confirm all the required information and settings on your account registration record (profile).
- Each new app or upgrade must be approved by Apple and Android, before publishing. The approval time varies from 10 to 30 days. We will not be responsible for any mistakes that might arise from the use of your outdated app from your clients.
- Please take note that some updates will require a new submission to app stores. Most of the features in our system do not require re-submission and the updates will be affected immediately.
Cancellation, Termination and Reactivation
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is acceptable.
- All of your content and your app will be immediately deactivated on our servers (at the end of the monthly cycle).
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. But the service will be available until the end of your paying cycle.
- All the apps require communication management services through our servers. When you cancel your app, we will suspend these communication services, so your app will not function afterwards.
- In case of service termination, your app(s) will be deactivated on our servers and all the communications between your office and your clients through the app will be suspended.
- To avoid any future misuse by your clients, we will inform Apple and Android to remove your app from App Store and Android Market.
- Onyx App Creator, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of our services for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Onyx App Creator reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Onyx App Creator reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Onyx App Creator website (http://www.onyxac.com) or the Service itself.
- Onyx App Creator shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide on our website and on your app(s). Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly within your app, you agree to allow others to view and share your content.
- Onyx App Creator does not pre-screen content, but Onyx App Creator and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
- Your use of our services is at your sole risk. The apps and the services are provided on as “as is” and “as available” basis.
- Technical support through email is provided at no charge at all times, as long as your account is active with us.
- Technical support via telephone is provided at no charge for the first two months and after that, you will have one free technical support session per month. Afterwards it will be charged at $19.95 per case.
- You must not modify, adapt or hack the app and our service or modify another website so as to falsely imply that it is associated with our services or Onyx App Creator.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the app, our services, use of our service, or access to our services without the express written permission of Onyx App Creator.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Onyx App Creator customer, employee, member, or officer will result in the immediate termination of your account.
- Although we take all precautions to protect your content, but you understand that the technical processing and transmission of our service, including your content, may be transferred unencrypted and involve
- Transmissions over various networks; and
- Changes to conform or adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Onyx App Creator reserves the right to place and remove your business name and logo, and/or industry type, on the Onyx App Creator website.
- Onyx App Creator does not warrant that
- Our Services will meet your specific requirements.
- Our Services will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of our Services will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations.
- Any errors in our services will be corrected. Nor where Onyx App Creator uses Third Party Providers such as but not limited to wireless network providers for any functionality within their system, will the above apply.
- You expressly understand and agree that Onyx App Creator shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to; damages for loss of profits, goodwill, use, data or other intangible losses (even if Onyx App Creator has been advised of the possibility of such damages), resulting from;
- The use or the inability to use our services.
- 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 our services.
- Unauthorized access to or alteration of your transmissions or data.
- Statements or conduct of any third party on our services.
- Any other matter relating to our services.
- The failure of Onyx App Creator to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. The Terms and Conditions of Use, constitutes the entire agreement between you and Onyx App Creator and govern your use of our services, superseding any prior agreements between you and Onyx App Creator (including, but not limited to, any prior versions of the Terms and Conditions of Use).
- For accounts with “Push Notifications” enabled, Onyx App Creator uses the internal functions of the device and its operating system to provide this service. Neither Apple, Android and Onyx App Creator make any guarantees as to the continuous availability of this service or any specific features of this service. Push Notifications shall be deemed to have been delivered when our servers has delivered/sent the messages to the immediate destination that has been in-putted. Neither Onyx App Creator nor the device providers guarantees delivery of push notifications and reminders on behalf of mobile telephone networks or mail servers. Onyx App Creator shall not be held liable for any disruptions caused to business due to delayed or failed notifications and reminders.