Terms of Service

Ownership of Site; Agreement to Terms of Service

These Terms and Conditions of Service (the “Terms of Service”) apply to the Bay App Studios web site located at www.bayappstudios.com (collectively, the “Site”). The Site is the property of Bay App Studios Inc. (“BayAppStudios”) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

By using the BayAppStudios.com web site ("Service"), all services of Bay App Studios, Inc. (BayAppStudios), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). BayAppStudios 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, shall be 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://www.bayappstudios.com/terms-of-service.html Violation of any of the terms below will result in the termination of your Account. While BayAppStudios prohibits such conduct and Content on the Service, you understand and agree that BayAppStudios cannot be responsible for the Content posted on the Service (i.e. Through Social Media integration features) 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 be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You are responsible for maintaining the security of your account and password. BayAppStudios 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. In order to treat everyone equally, no exceptions will be made. 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. BayAppStudios 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, and BayAppStudios will refund you 100%.

Cancellation and Termination

You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to info@bayappstudios.com. Cancellations by phone or sent to any other email address will not be considered valid. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. 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. BayAppStudios, 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 BayAppStudios 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. BayAppStudios reserves the right to refuse service to anyone for any reason at any time.

100% Satisfaction Guarantee Terms

If for whatever your app is not approved on either the Apple iTunes and/or Android Google Play app stores, BayAppStudios guarantees to refund the development fees for our mobile application as well as the first month of service with no questions asked. BayAppStudios is backed by a 100% satisfaction guarantee. This guarantee does not apply to months after a full month of service has passed and only applies to the initial month of service with BayAppStudios.

Modifications to the Service and Prices

BayAppStudios 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. BayAppStudios 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, BayAppStudios may issue an update to the BayAppStudios 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 BayAppStudios 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 hiring BayAppStudios create either your mobile application, your mobile web site, or any other services mentioned on this site, you agree to allow others to view and share your Content. BayAppStudios does not pre-screen Content, but BayAppStudios 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. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from BayAppStudios.

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 only available via email. The technical support email address is info@bayappstudios.com 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 BayAppStudios 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 BayAppStudios 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 BayAppStudios.

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 BayAppStudios 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.

BayAppStudios 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 BayAppStudios 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 BayAppStudios 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 BayAppStudios 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 BayAppStudios and govern your use of the Service, superseding any prior agreements between you and BayAppStudios (including, but not limited to, any prior versions of the Terms of Service). In no event shall BayAppStudios liability to you exceed the amount actually paid to BayAppStudios by you during the preceding 12 months.

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