By accessing the website at http://www.appboss.com and/or using any of our services, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
The following terms shall have the following meaning:
“Us”, “AppBoss”: Boss Media Ltd., the company behind the AppBoss brand.
“You”, “the User”: person or customer using AppBoss provided services and/or having an account allowing access to our Services.
“Application”: mobile application created by you through AppBoss and made available to the public for download from a third-party platform, made available for viewing via a Preview app or accessible from a web browser.
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“End user”: person who use one or more applications created using the AppBoss services.
“Website”: Internet Web site enabling the publishing of content and the drafting of commentaries by end users.
“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.
“Order”: online subscription of our Service(s).
“Mobile platform provider”: This refers to Apple and Google via their app stores, the Apple App Store and the Google Play Store.
“User Content”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, telephone number, a valid email address, and any other information requested in order to complete the signup process.
- Your account may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Boss Media Ltd. 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.
- 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).
- Violation of any of these agreements may result in the termination of your Account. While Boss Media Ltd. prohibits such conduct and Content on the Service, you understand and agree that Boss Media Ltd. cannot be responsible for all 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.
Payments & Refunds
3.1 Payment Method:To make a payment, a valid credit card is required.
3.2 Refunds: While you may cancel your subscription at any time, there will be no refunds or credits for initial setup/package fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an active subscription. In order to treat everyone equally, no exceptions will be made.
3.3 Application Approval: AppBoss 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 all appropriate mobile platform providers you may cancel your subscription and, if already paid for, your first month of subscription will be refunded. However, your initial setup/package fee will not be refunded under any circumstances.
If your application is denied by one appropriate mobile platform provider, you may cancel your subscription if you wish, however no refund will be provided on both subscriptions or initial setup/package fees. In order to treat everyone equally, no exceptions will be made.
3.4 Subscription Billing Start Date: Your initial subscription billing will start on the date your application is approved by one appropriate mobile platform provider. Your card will then be charged on the same day of every month that follows, until you cancel your account.
3.5 Automatic Subscription Renewal: To ensure uninterrupted service, AppBoss will automatically bill you for your subscription on each renewal period thereafter until cancellation.
3.6 Up to Date, Payment Details: To avoid any interruption in the service, the User shall maintain up to date credit card details in their account dashboard, accessible at https://my.appboss.com.
3.7 Billing Questions: For any billing related questions, please contact AppBoss via [email protected].
Cancellation, Termination and Service Suspension
4.1 Cancellation: You may cancel your subscription at any time by sending an email to [email protected] from the same email used in your AppBoss account. Your request will be processed and subscription will be cancelled within a few days. Requests to cancel must be submitted 14 days or more, prior to the next billing date, to avoid being charged for the next billing period. We may request that you answer some questions to help us understand more about your reason for cancelling.
4.2 Termination & Suspension: Failure to comply with any of our Terms and/or failure to pay a due fee or renew your subscription shall entitle AppBoss to immediately suspend your account, including service to your application and provision of services to you, including paid services.
4.3 Service Re-activation: Re-activating service to your application, after it has been suspended may require a reactivation fee.
Changes to our Services and Pricing
- AppBoss reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to provided Services, are subject to change upon a 30 days notice from us. Such notice may be provided at any time by posting the changes to the our website (appboss.com).
- AppBoss shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Service.
Copyright & Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours. However, by using the AppBoss service, you agree to allow others to view and share your Content.
AppBoss does not pre-screen Content, but AppBoss 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© 2017 Boss Media Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the app’s visual design elements without express written permission from Boss Media Ltd.
AppBoss makes software, including mobile applications, available to you through our 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, for your personal and noncommercial use only.
AppBoss does not transfer either the title or the intellectual property rights to the Software, and 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 AppBoss 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 AppBoss , its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of AppBoss, 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 AppBoss content included on its site, its Software, and through the Service is the property of AppBoss and is protected by U.S. and international intellectual property laws. All AppBoss content, Software, code, HTML/CSS, and visual design data is is copyright© 2017 AppBoss.
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 only available via email. The technical support email address is [email protected]
You authorize AppBoss 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 AppBoss 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 AppBoss 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 AppBoss.
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 AppBoss 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.
AppBoss 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 AppBoss 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 AppBoss 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 AppBoss 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 AppBoss and govern your use of the Service, superseding any prior agreements between you and AppBoss (including, but not limited to, any prior versions of the Terms of Service).
Limitation of Liability
IN NO EVENT SHALL APPBOSS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT APPBOSS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS APPBOSS, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE.
Disclaimer of Warranties
APPBOSS, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT THE USE OF THE SERVICES PROVIDED IS AT YOUR OWN RISK AND THAT APPBOSS PROVIDES THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. APPBOSS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. WE EXCLUDE ANY WARRANTIES TO ANY REJECTION, FOR ANY REASON WHATSOEVER, OF THE MOBILE APPLICATIONS BY ANY ONLINE MOBILE APPLICATION STORE, MARKETPLACE OR THE LIKE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. APPBOSS DOES NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DOES APPBOSS GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
APPBOSS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. APPBOSS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APPBOSS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13.1 Governing Law & Venue: You agree that the Service shall be deemed solely based in Hong Kong. This Agreement shall be governed by the internal substantive laws of Hong Kong, without respect to its conflict of laws principles. Any claim or dispute between you and Boss Media Ltd. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Hong Kong. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with Boss Media Ltd.
13.5 No waiver: AppBoss’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13.7 NO CLASS ACTIONS: With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
13.8 Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
13.9 Amicable Resolution: Before filing any claim against us, you agree to solve the dispute amicably by first emailing [email protected]. If we cannot resolve the dispute informally via email, phone or other methods, within sixty (60) days of receipt of your first email, you or AppBoss may then bring a formal proceeding.