Terms of Service


Fábrica de Aplicativos is the company that maintains an online platform (“Fábrica de Aplicativos”), which allows its users (“User”) to create applications for cell phones and tablets (“Mobile Applications”) for the use of other users (“End Users”).

By using Fábrica de Aplicativos (“Service”), as well as by publishing any Mobile Applications in any cell phone platform or any application store, the User automatically accepts and undertakes to follow the terms and conditions (“Terms of Use”) established here.

Fábrica de Aplicativos reserves the right to periodically update and modify the Terms of Use without previous notice to its user base. Any new features increasing or enhancing the current Services, including the release of new tools and resources, will be subject to the Terms of Use. Continued use of the Service after any changes shall constitute consent to such changes. The User can read the most recent version of the Terms of Use at any time through the following link.

The User declares to be aware that any violation to the provisions set out here will result in cancellation of its User Account (“Account”), without notification, so the User will be unable to create Mobile Applications, and its Mobile Applications will be excluded of Fábrica de Aplicativos, together with all of its contents and database.


Content

Fábrica de Aplicativos prohibits the use of inappropriate content for Mobile Applications created in Fábrica de Aplicativos. The User declares to be aware that the content inserted in Mobile Applications is of exclusive responsibility of the user that publishes it, besides understands and agrees that Fábrica de Aplicativos cannot be responsible for the content posted or shared through the Service and that he/she may be exposed to such kind of content.

The User further agrees to use the Service at his/her own risk. Fábrica de Aplicativos will not be liable for any damages whether direct, indirect, incidental, special, consequential or exemplary, including, but not limited to, damage by loss of profit, goodwill, use, data or further intangible losses, resulting from improper use of such content.

All violations related to intellectual property rights for content published and shared are the sole responsibility of the User who posted it, and Fábrica de Aplicativos never, under any circumstances, will be responsible for the misuse of such contents, reserving the right –after being aware of its illegal nature or misuse– to cancel the respective User Account without any notice.

In case the User or the End User finds content or materials he/she considers offensive or violates the rights of a third party, he/she should use the “Report this App” link above the App preview and Fábrica de Aplicativos undertakes the responsibility to investigate the case. Fábrica de Aplicativos is authorized to remove the Mobile Application, as well as to cancel the User Account at the expense of demands from the justice department.

In case Fábrica de Aplicativos is legally demanded or condemned for breaches committed by the User in violation of these Terms of Use, the User declares and agrees he/she will compensate Fábrica de Aplicativos for all the expenses, monetarily adjusted, as well as for losses and damages.

The User agrees to concede the rights of use of his/her Mobile Application images to Fábrica de Aplicativos to be used in spontaneous media, without time limit and free of charge, without any right of compensation as a result of this use.

The User agrees and is aware that Fábrica de Aplicativos may introduce third-party media and publicity in Mobile Applications, under its own criteria and opportunity, without previous notice or warning.


Account Terms

The User declares and is aware that, for using the Service, he/she must follow the provisions given here below:

  1. The User must be 15 years old or older for using the Service.
  2. The User must be human. Accounts registered by “robots” or other automated methods are not allowed.
  3. The User must provide his/her full name, a valid e-mail address and any further information necessary to complete the registering process, being responsible for the veracity of the provided information.
  4. The User is responsible for maintaining the security of his/her account and password. Fábrica de Aplicativos cannot and will not be responsible for any loss or damage derived from User’s failure to follow this security obligation.
  5. The User is responsible for all and every content he/she publishes (text, data, graphics, images, photos, videos, etc.) and for all of the activities taking place in his/her Account (even when the content is posted by third parties having access to the Account).
  6. The User cannot use the Service for illegal or unauthorized purposes. The User must not, by using the Service, violate any laws in his/her jurisdiction (including, but not limited to, authorship, industrial property and/or intellectual property rights).
  7. The User must be the holder of all authorship and ownership rights for the contents published and shared by him/her, or otherwise be authorized by the respective holder for such content for use in sharing.

Terms for Payment and Restitution

In order to join the non-free plans, a valid payment method is required, through third party charging networks (credit card, account payment, etc.).

The Service is billed monthly, in advance, and is not refundable. There will be no refunds or credit for partial months of Service, upgrade/downgrade restitutions, nor refunds for unused months by an open account. In order to treat everyone equally, no exceptions will be made.

The charged amounts do not include taxes, fees or charges imposed by taxing authorities, and the User will be responsible for paying all of such taxes, fees or charges.

Fábrica de Aplicativos does not guarantee approval or acceptance of candidature for any User created Mobile Application for distribution to other mobile platform providers. If the mobile platform provider denies the request, the User is free to cancel his/her account, without refund under any circumstances.


Cancellation and Termination

The User is the only responsible for properly cancelling his/her account. Account Cancellation requests must be done through the user’s portal, accessing the “My Account” menu and then clicking into the “Cancel Account” link.

All the contents of the account will be deleted from the Service due to cancellation. This information will be unrecoverable once your account is cancelled.

A Service cancellation demand requested before the end of the currently paid period will take effect immediately without further charge.

Fábrica de Aplicativos, under its own criteria, reserves the right to suspend or terminate a User Account and to reject every and any use, by any person, present or future, of the Service, or of any other service of Fábrica de Aplicativos, for any reason at any time. Such Service termination will result in deactivation or exclusion of the User Account or the access the account, with loss and resignation of all of the contents found in the account.


Modifying Services and Prices

Fábrica de Aplicativos reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service or part of it, with or without previous notice.

The prices for all of the Services, including but not limited to, values related to monthly plans, are subject to change with a notice of 30 days in advance from Fábrica de Aplicativos. This previous notice may be given at any time by posting the news about changes in the Fábrica de Aplicativos website (http://fabricadeaplicativos.com.br), or through the Service itself.

Fábrica de Aplicativos shall not be liable, before the User or any third party, for any modification, price change, and temporary or permanent suspension of the Service.

Sporadically, Fábrica de Aplicativos may send an update that can add, modify and/or remove features, Mobile Applications or the Service. These updates can be inserted automatically without previous notice. However, Fábrica de Aplicativos will endeavor to notify the User in advance about an upcoming update, including details about what it includes.


Copyright and Content Ownership

Fábrica de Aplicativos does not claim any intellectual property right for material provided to the Service. The profile and materials uploaded remain in property of the User. However, by using Fábrica de Aplicativos to create his/her Mobile Application, the User agrees to allow other people, End Users in particular, to see and share the content. An exception is given to the rights of third-party media and advertising inserted at the discretion of Fábrica de Aplicativos, which remain owned by the original holders.

Fábrica de Aplicativos does not perform content filtering. Nevertheless, Fábrica de Aplicativos and their representatives have the right (but not the obligation) under its sole discretion, to refuse or remove any content made available through the Service.

The look and experience of this service are of private property of Fábrica de Aplicativos. All rights reserved. The User may not duplicate, copy or reuse any portion of the HTML/CSS visual design without Fábrica de Aplicativos’ express written permission, making it clear that any violation may give rise to legal proceedings to enforce them, as well as making the User responsible before the civil and criminal spheres.

The User will just be responsible for ensuring and paying for all telephone records, supplies, licenses, any public performance license, synchronization licenses and any other license of musical composition, required by private property owners (or their agents) in connection with all of the content selected by the User to be used in connection with the application of Fábrica de Aplicativos.


Privacy

The User and Mobile Application generated must comply with all of the applicable laws and regulations of privacy and intellectual and industrial property, its terms and conditions.


General Conditions

The use of the Service is at the own risk of the User. The Service is provided “as is” and “as available”.

Technical support is only available through the following link: http://suporte.fabricadeaplicativos.com.br.

The User authorizes the use, reuse, and grant to others, the right to use and reuse his/her content, and any reproduction or simulation thereof, in any form of media or technology known nowadays or hereafter developed, during and after the use of Services, for any purpose related to the Service.

The User understands that Fábrica de Aplicativos uses third-party and partner servers to provide hardware, software, networking, storage, and related technologies necessary for implementing the service.

The User may not modify, adapt or “hack” the Service, or modify another website so as to falsely imply that it is associated to the Service or any other agency of Fábrica de Aplicativos.

The User agrees in not reproducing, duplicating, copying, selling or reselling any part of the Service or the access to the Service without the express written permission of Fábrica de Aplicativos.

Fábrica de Aplicativos has the right to remove content and accounts containing content that, determined by sole discretion, may be considered unlawful, immoral, offensive, threatening, libelous, defamatory, objectionable, or violating any intellectual property or any part of these Terms and Conditions of Use.

Verbal and physical abuse, written or of any other kind (including threats of insult or retribution) to any customer, employee, member or executive of Fábrica de Aplicativos, will result in immediate termination of the respective Account.

The User understands that the technical processing and transmission of the Service, including his/her content, may be transferred unencrypted and involves (a) transmission through various networks and (b) changes to conform and adapt to technical requirements for connecting networks or devices.

Transmission of any virus, worm, spyware and destructive code is not allowed.

If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by Fábrica de Aplicativos) of other clients of Fábrica de Aplicativos, additional fees will be charged according to tariffs. Fábrica de Aplicativos reserves the right to change the fees for exceeding charge at any time.

Fábrica de Aplicativos does not warrant that: (i) the service will meet your specific needs, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained by using the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material, purchased or obtained by the User through the Service, will meet your expectations, and (v) any errors in the service will be corrected.

The User expressly understands and agrees that Fábrica de Aplicativos will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, data or other intangible loss (even if Fábrica de Aplicativos has been warned about the possibility of such damage), resulting from: (i) use or inability to use the Service, (ii) the cost for acquiring goods and services resulting from any goods, data, information or services purchased or obtained, received messages or transactions made through the Service, (iii) unauthorized access to or alteration of your data or transmissions, (iv) statements or conduct of third parties about the Service, (v) or any other matters related to the Service.

The User agrees to defend, compensate and support Fábrica de Aplicativos, Fábrica de Aplicativos, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses and expenses, including attorneys’ fees and expenses arising out of or in any way related to: (i) his/her access to or use of Fábrica de Aplicativos or the Service, (ii) his/her violation of these Terms of Use, or (iii) his/her violation of any third party right, including but not limited to, any right of intellectual property, publicity, confidentiality property, privacy or right by himself/herself or by his/her application.

The failure to exercise or enforce any right or provision of the Terms of Use by Fábrica de Aplicativos does not constitute dismissal of such right or provision. The Terms of Use constitute the entire agreement between the User and Fábrica de Aplicativos and regulate the use of the Service, superseding any prior agreements between the User and Fábrica de Aplicativos (including, but not limited to, all of the prior versions of the Terms of Use).

In no event shall the obligations of Fábrica de Aplicativos to the user exceed the amount actually paid to Fábrica de Aplicativos by the User during the period of the last 12 months