Apps Terms Of Service
General Terms and Conditions for Consumers
The present ‘General Terms and Conditions for Consumers’ are applicable to the relations between firma jednoosobowa with offices in woj. MAZOWIECKIE, pow. Warszawa, gm. Warszawa, miejsc. Warszawa, ul. Jana Pawla Woronicza, nr 31, lok. 24, 02-640.
Polska, woj. LODZKIE, pow. Lodz, gm. Lodz-Widzew, miejsc. Lodz, ul. ks. bp. Wincentego Tymienieckiego, nr 25C, lok. 16, 90-350, poczta Lodz.
NIP [Tax Id. No.]: 5213766059, REGON [Statistical Id. No.]: 366456009 [hereinafter referred to as: “the Company”], which has been granted the rights to the Platform, and the Consumers.
Please read this Agreement carefully before accessing or using the Service. By subscribing or by making an online payment for any part of our Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Latif Rizwan Jalil INVESTMENTS , acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
Note: Apple recently changed its iTunes App Store regulations, which can affect some no-code app makers. The regulation says, “Apps created from a commercialized template or app generation service will be rejected.” The purpose is to eliminate clones and spam apps that can be quickly created, but it may have an effect on Apps of small businesses who have not differentiated their Apps enough. Apple doesn’t disclose which apps have been rejected or ejected from the App Store, so there’s no firm evidence that this will affect those using any specific app maker, but it may. This change came unexpectedly, and we understand the potential impact this may have on your business. We are actively investigating alternative solutions and will update you as soon as we have more information.
Platform : the websites, apps, tools and other equipment of Rizapps.com and its affiliated companies and business partners on which the Service is made available.
Online Payment Systems : PayU and Payment card (payment provider – PayU Spółka Akcyjna with offices in Poznań, ul. Grunwaldzka 182, 60-166 Poznań, registered by the District Court for Poznań – Nowe Miasto i Wilda in Poznań, 8th Commercial Division at KRS [National Court Register] No.: 0000274399), PayPal (payment provider – PayPal Polska Spółka z ograniczona odpowiedzialnością with offices in Warsaw, ul. E. Plater 53, 00-133 Warsaw, registered by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division at KRS [National Court Register] No.: 0000289372).
2. Company’s Details
Contact details of the Company operating as ‘rizapps.com’:
woj. MAZOWIECKIE, pow. Warszawa, gm. Warszawa, miejsc. Warszawa, ul. Jana Pawla Woronicza, nr 31, lok. 24, 02-640.
Polska, woj. LODZKIE, pow. Lodz, gm. Lodz-Widzew, miejsc. Lodz, ul. ks. bp. Wincentego Tymienieckiego, nr 25C, lok. 16, 90-350, poczta Lodz.
NIP [Tax Id. No.]: 5213766059
3. Applicability and General Provisions
The present General Terms and Conditions for Consumers [hereinafter referred to as “GTCC”] are only applicable to the Service provided by the Company, for which it shall be fully liable. The Company informs that the use of the Platform by the Consumers is a service provided by electronic means within the meaning of the Act of 18th July 2002 on Provision of Services by Electronic Means (Journal of Laws of 2002, No. 144, Item 1204, as amended) [hereinafter referred to as “the Act”], which shall be provided under these GTCC, serving also as the Rules and Regulations within the meaning of Art. 8 of the Act. These GTCC define, in particular, the rules of the provision of the Service offered on the Platform, the scope and the rules of the use thereof. The Company shall not accept, however, any responsibility for the proper performance of the Agreement, as it is not a party thereto.
The Service falling within the scope of these GTCC is provided by the Company to the Consumers free of charge.
The Company shall make these GTCC available to the Consumers free of charge through the Platform in a ICT system, in a manner that allows their downloading, reading, recording and printing.
4. Your Rizapps.com Account and Site:
If you create a social network or mobile application on the Service, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your social network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Latif Rizwan Jalil INVESTMENTS . may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Latif Rizwan Jalil INVESTMENTS . liability. You must immediately notify Latif Rizwan Jalil INVESTMENTS of any unauthorized uses of your social network, your mobile application, your account or any other breaches of security. Latif Rizwan Jalil INVESTMENTS . will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
5. Responsibility of Contributors:
If you operate a social network, operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or
allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your social network or mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your social network or mobile application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether
requested to do so by social network or otherwise.
By submitting Content to Latif Rizwan Jalil INVESTMENTS for inclusion on any services or applications provided by Latif Rizwan Jalil INVESTMENTS , you grant Latif Rizwan Jalil INVESTMENTS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile application. If you delete Content, Latif Rizwan Jalil INVESTMENTS will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Latif Rizwan Jalil INVESTMENTS has the right (though not the obligation) to, in Latif Rizwan Jalil INVESTMENTS sole discretion (i) refuse or remove any content that, in Latif Rizwan Jalil INVESTMENTS’s reasonable opinion, violates any Latif Rizwan Jalil INVESTMENTS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Latif Rizwan Jalil INVESTMENTS’s sole discretion. Latif Rizwan Jalil INVESTMENTS will have no obligation to provide a refund of any amounts previously paid.
6. Subscription Billing, Termination, Cancellation and Refund on One-Month Subscriptions:
Rizapps offers one-month subscriptions, which entitle the original purchaser access to Rizapps for a period of exactly 1 month from the date of purchase. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled.If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Rizapps accounts begin an obligation-free Free account which will allow you to evaluate the service. No credit card information is collected to initiate a Free account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. Rizapps has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. If Rizapps terminates your account because of a violation of our terms of service, Rizapps will not refund any portion of your license fees. Refunds are not applicable on rejection of your mobile application from any App Store or marketplace.
7. Custom Mobile apps Development:
Payments for custom App design and development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, Rizapps retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
8. Build it for Me Plan:
Payment of 499 towards Build it for me Plan is treated as a custom App design and development project. Hence once the payment of 499 is made, it is non-refundable. If a project is cancelled or postponed, Rizapps retains all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
9. Content Posted on Other Services:
We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which Rizapps.com links, and that link to Rizapps.com. Rizapps does not have any control over those non-Rizapps services and webpages, and is not responsible for their contents or their use. By linking to a non-Rizapps website or webpage, Rizapps does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rizapps disclaims any responsibility for any harm resulting from your use of non-Rizapps websites and web pages.
10. Copyright Infringement and DMCA Policy:
As Rizapps asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Rizapps.com or any Rizapps social network or mobile application violates your copyright, you are encouraged to notify Rizapps in accordance with Rizapps’s Digital Millennium Copyright Act (”DMCA”) Policy. Rizapps will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Rizapps or others,Rizapps may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Rizapps will have no obligation to provide a refund of any amounts previously paid to Rizapps. Intellectual Property. This Agreement does not transfer from Rizapps to you any Rizapps or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rizapps , Rizapps, Rizapps.com and other domains of Rizapps, the Rizapps.com logo, and all other trademarks, service marks, graphics and logos used in connection with Rizapps.com, or the Service are trademarks or registered trademarks of Rizapps’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Rizapps or third-party trademarks.
Rizapps reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Rizapps may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources and modification as well as termination of released features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Rizapps may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Rizapps.com account (if you have one), you may simply discontinue using the Service. Rizapps can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If we receive a chargeback or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $100 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund.
14. Disclaimer of Warranties:
The Service is provided “as is”. Rizapps and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Rizapps nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
15. Limitation of Liability:
You expressly understand and agree that Rizapps 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 Rizapps 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) any bugs arising in the app; (vi) corruption of application, hacking attacks, security of the app or any other matter relating to the service; (vii) any rejection of your mobile application from any mobile application store or marketplace; (viii) for any amounts that exceed the fees paid by you to Rizapps under this agreement during the twelve (12) month period prior to the cause of action. Rizapps shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16. General Representation and Warranty:
You agree to indemnify and hold harmless Rizapps, its contractors, and its licensors, and their respective directors, officers, 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; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
This Agreement constitutes the entire agreement between Rizapps and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Rizapps, or by the posting by Rizapps of a revised version of this Agreement.
19. User-Generated Apps:
All apps created on our platform are User Generated Apps, Rizapps does not endorse and has no control over User Generated Apps submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content App created through the Site is not necessarily reviewed by Rizapps prior to posting in Market Place and does not necessarily reflect the opinions or policies of Rizapps. If at any time Rizapps chooses, in its sole discretion, to monitor the Marketplace, Rizapps nonetheless assumes no responsibility for User Generated Apps, no obligation to modify or remove any inappropriate or inaccurate User Generated Apps, and no responsibility for the conduct of the user submitting any User Generated App. Rizapps makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Marketplace. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated App and to edit, restrict or remove any User Generated App for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated App from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this Site and any third-party website on which your User Generated App may be included, to access, view, store and reproduce the material for such user’s personal use.
20. Third-Party Services & Third-Party Application Providers:
Rizapps apps utilize multiple Third-Party services including but not limited to PubNub, Facebook, Googles’ (Youtube, Maps, Firebase, Sheets, API.AI), Sinch, Vuforia, AWS, etc. You acknowledge that the license to each Third-Party Service that you obtain, is a binding agreement between you and the Application Provider. For Third-Party Apps, you acknowledge that (i) you are acquiring the license to each Third-Party App from the Application Provider; (ii) Rizapps is not acting as agent for the Application Provider in providing each such Third-Party App to you; and (iii) Rizapps is not a party to the license between you and the Application Provider with respect to that Third-Party App. The Application Provider of each Third-Party App is solely responsible for that Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party App. In the case of Third-Party Apps, the License Fee is set as the sole discretion of the Third-Party Application Provider and Rizapps does not collect the License Fee on behalf of the Third-Party Application Provider, you will have to pay this directly to the Third-Party Application Provider. The Licensor may change the License Fee at any time.
21. Beta Features:
Some Rizapps platform releases contain beta features like ( Taxi, Augmented Reality, Messenger, Chatbots etc) . We release these beta features to collect feedback on their implementation so that we can improve them. We value any feedback on these beta features, as it enables us to provide you with the best possible product. The availability of beta features will be documented in the release notes for every specific release. Other documentation will be available through the Rizapps support section. Please consult the release notes and the documentation on how to enable and use these beta features.
Please take note of the following limitations regarding beta features:
Beta features may be incomplete; future releases may include more functionality to complete the feature
Beta features may change in future releases, depending on the feedback
Even though we aim for backward compatibility, Rizapps can not guarantee backward compatibility between monthly releases for beta features.
Beta features are not covered by any SLA and not part of our Reseller Platform.
We value feedback, including tickets describing problems with beta features, but these tickets will not be handled according to your SLA
We cannot guarantee timely fixes for any problems you encounter with beta features
Beta features should not be used for production applications
Beta features may contain bugs, which could potentially lead to data corruption.
22. The Rules of the Provision of the Service by Electronic Means
The Service shall be provided by the Company upon the commencement of the use of the Platform by the Consumer, and thus – upon the acceptance of these GTCC. The provision of the Service by the Company to the Consumer shall not be limited in time.
The Consumers may register with the Platform; provided, however, that such registration shall not be a prerequisite for the use of the Service offered by the Company; in particular, for the intermediation in the conclusion of Agreements.
The Consumer may unsubscribe from the Service provided at any time.
The Company shall not be held liable for the inability to provide the Service to the Consumer due to a force majeure event.
The use of the Service by the Consumers, subject to Sec. 5, shall be only possible via a PC, Mac or other computer with an Internet connection, equipped with an Internet browser.
The Consumers’ use of the Service provided by the Company shall be also possible via mobile devices, such as: smartphone, tablet, mobile palmtop. The prerequisite for use, however, shall be the access of one of the devices specified in the previous sentence to the Internet and it being equipped with an Internet browser.
As part of the use of the Service, the Consumer shall be forbidden to provide illegal content, in particular:
– data and information prepared in a manner presenting a risk for the security of the ICT system or for the Platform stability;
– information violating any interests of the Company or of third parties;
– other data and information violating the generally applicable provisions of law, including, but not limited to pornographic, racist, nationalist, fascist and violence-promoting content.
When using the Platform, the Consumers shall be obliged to follow the generally applicable provisions of law and the rules of social conduct.
The use of the Service by the Consumers in a manner contradictory to the generally applicable provisions of law and good practices or violating reasonable interests of the Company shall be forbidden. In particular, the Consumer shall refrain from any activities which may expose the Company to the risk of any financial injury.
Downloading the content of databases available on the Platform by the Consumers and the secondary use thereof, in whole or in a significant part, with respect to the quality or quantity, shall be forbidden.
The Company stipulates that all information and materials available on the Platform are protected by copyright. The Consumer may only use them as part of permitted personal use. Copying, multiplying, distributing on the Internet and other forms of use of the materials and information provided on the Platform beyond the scope permitted by law shall be forbidden.
23. Complaints Settlement
If the Consumer has a complaint about the Service, the complaint is to be communicated to the Company’s Customer Service by means of:
a) the contact form available on http://rizapps.com/contact-us/,
b) electronic mail to the address: firstname.lastname@example.org, or
c) traditional post to the address: ul. ks. bp. Wincentego Tymienieckiego, nr 25C, lok. 16, 90-350, poczta Lodz.
Once the complaint referred to in Item 2 has been received by the Company, it shall be examined as soon as possible, but not later than within two weeks of its receipt. The Company shall confirm the receipt of the complaint submitted by the Consumer to the e-mail address stated by the latter in the submission.
24. Applicable Law and Competent Courts
To the performance of the Service by the Company for the Consumers the generally applicable provisions of the Polish law shall apply, especially the provisions of the Civil Code and the Consumers’ Rights Act of 30th May 2014 (Journal of Laws of 2014, Item 827).
Any disputes between the Company and the Consumer relating to the performance of the Service by the Company shall be submitted to the competent Court in accordance with the provisions of the Polish law.
25. Consensual Dispute Resolution
The European Commission manages an online dispute resolution platform. This platform can be found on http://ec.europa.eu/odr. The Company stipulates that using other dispute resolution methods requires the Company’s consent.
When placing an Order, the Consumer may agree to receive, in a form of newsletter, information on special offers and discount vouchers . The Consumer can unsubscribe from this newsletter through the link provided on the footer of every email sent to them or by contacting the Customer Service at email@example.com
27. Inspection and Correction of Stored Personal Data
The Company shall store personal data relating to the Consumer. The storage and processing of personal data, including the right to correct/amend/remove it, is regulated in detail by the Privacy Statement.