Brainwrap Mobile App for iOS (iPhone) & Android OS Terms of Service
By using the brainwrap.com, brainwrapps.com or apps.brainwrap.com website ("Service"), all of which are services of Brainwrap Web Design ("Brainwrap"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Brainwrap reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://brainwrap.com/apps/tos.
Violation of any of the terms below will result in the termination of your Account. While Brainwrap prohibits such conduct and Content on the Service, you understand and agree that Brainwrap cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
- You must be 13 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Brainwrap 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 the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
A valid credit card is required.
There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
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, excluding only United States (federal or state) taxes.
Brainwrap will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
Retention Fee: To retain the services of Brainwrap.com, Client agrees to authorize the payment of the amount noted on the Credit Card Authorization Form below which will be applied towards the Mobile App design/development fee. The balance of the total will be paid upon the Mobile App reaching Launch Status.
Outstanding Fees: In the event that Client has outstanding fees in excess of 60 days beyond the billing due date, Brainwrap.com, in its’ sole discretion, and without waiving any other rights or options of recourse, may suspend services including the hosting of Client’s Mobile App. Brainwrap will provide a minimum of 24 hours notice before suspending operation of Clients’ website. Client hereby releases Brainwrap of any liability, loss or damages arising out of the suspension of said services.
Cancellation and Termination
You are solely responsible for properly canceling your account.
Account cancellation requests submitted by phone will not be honored. In order to cancel your account, you must send either an email directly from the account of an authorized representative or a physical letter signed by an authorized representative requesting cancellation.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
Note that there is a mandatory 12-month (1 year) minimum subscription period to the Service. If you cancel the Service before the end of your current paid-through term, your cancellation will take effect on any date you request that falls between the date you submitted the request and the paid-through date, after which you will not be charged again.
Brainwrap, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Brainwrap service, 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.
Brainwrap reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Brainwrap 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.
Brainwrap shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, Brainwrap may issue an update to the Brainwrap application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Brainwrap will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Brainwrap application to create your mobile application, you agree to allow others to view and share your Content.
Brainwrap does not pre-screen Content, but Brainwrap 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.
The look and feel of the Service is copyright 2013 Brainwrap Web Design. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Brainwrap.
Brainwrap may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, "Software") are deemed to be licensed to you by Brainwrap, for your personal and noncommercial use only. Brainwrap does not transfer either the title or the intellectual property rights to the Software, and Brainwrap retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
You grant Brainwrap a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Brainwrap, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Brainwrap, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All Brainwrap content included on its site, its Software, and through the Service is the property of Brainwrap and is protected by U.S. and international intellectual property laws. All Brainwrap content, Software, code, HTML/CSS, and visual design data is is copyright 2013 Brainwrap Web Design.
For Mobile App projects, the App codebase is proprietary; while content remains property of client, the actual Moible App codebase is non-transferrable; upon cancellation of the Mobile App hosting, the Mobile App will be removed from iTunes & Android App Stores.
Brainwrap.com retains the right to use, for promotional purposes only, the Client’s name, screenshots of the Clients’ Mobile App, and links to download the Clients’ Mobile App. The Client is solely responsible for the accuracy, authenticity, grammar and spelling of all submitted content and shall notify Brainwrap.com in writing of any corrections to be made to content within 48 hours of the Mobile App Launch. Content is defined as any photographs, illustrations, graphics, logos, text, charts, maps and/or other items for display within the Mobile App that are provided by the client or generated by Brainwrap.com.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is available via email or by phone. The technical support email address is support@brainwrap.com. The technical support phone number is 248 545-7570.
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
You understand that Brainwrap uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Brainwrap service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Brainwrap.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Brainwrap customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Brainwrap does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Brainwrap 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 Brainwrap has been advised of the possibility of such damages), resulting from: (i) the use or the 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) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Brainwrap to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Brainwrap and govern your use of the Service, superseding any prior agreements between you and Brainwrap (including, but not limited to, any prior versions of the Terms of Service).
In no event shall Brainwrap liability to you exceed the amount actually paid to Brainwrap by you during the preceding 12 months.
Content Submission: The Client shall submit all content necessary to bring the Mobile App to Launch Status within 30 days of signing this agreement. In the event that Client fails to submit all content within 60 days, Brainwrap.com shall have the right to keep the retention fee as compensation for any work which might have been done towards its obligations under this agreement. If Launch Status is unreachable due to content not being provided by client within 90 days of signing this agreement, Brainwrap.com shall have the right to treat the Mobile App as having reached Launch Status and may bill for and expect payment of the balance due.
Warranties & Representations: The Client warrants and represents that all content supplied by the Client is the property of the Client and not subject to any third-party claims of ownership or proprietary interest under color of copyright, license, trademark, servicemark or any other similar interest, or, alternatively, that Client has received permission to use said content from all parties in interest and Client will produce written evidence of said permission upon request of Brainwrap.com. Conversely, Brainwrap.com warrants and represents that all software, clip art, or other content utilized & created by Brainwrap.com in the creation of this website is the property of Brainwrap.com and not subject to any third-party claims of ownership or proprietary interest under color of copyright, license, trademark, servicemark or any similar interest, or, alternatively, that Brainwrap.com has received permission to use said software or content provided by Brainwrap.com from all parties in interest and will produce written evidence of said permission upon request of Client.
Indemnification: Client agrees to indemnify Brainwrap.com and hold Brainwrap.com harmless from any and all claims or disputes arising from the use of content supplied by Client. Conversely, Brainwrap.com agrees to indemnify Client and hold Client harmless from any or all claims or disputes arising from the use of software or content utilized or supplied by Brainwrap.com.
Attorney Fees: In the event of any claims, disputes or litigation arising from the use of content supplied by the Client, the Client agrees to pay any and all of Brainwrap.com’s attorney fees incurred in responding to said claims, disputes or litigation. Conversely, in the event of any claims, disputes or litigation arising from the use of software or content supplied by Brainwrap.com, Brainwrap.com agrees to pay and & all of Clients’s attorney fees incurrend in responding to said claims, disputes or litigation. Prior to the attorney fees being awarded, it must be determined that said copyright infringement was a knowing and deliberate act.
Jurisdiction and Choice of Law: In the event of any claims, disputes or litigation arising from this agreement or the interpretation of this agreement, the parties hereto agree that the law of the State of Michigan shall apply and that any litigation that may be instituted shall be filed in the State of Michigan and in accordance with Michigan court rules regarding jurisdiction and venue.
Scope: Brainwrap.com reserves the right to determine what falls within the scope of this agreement within the parameters listed.
Launch Status: Defined as the point at which Brainwrap.com & client jointly determine the Mobile App to be ready for App Store Submission.
