By using the Locatify publishing Service, or any other services from Locatify, you (Account Holder) agree to be bound by the following terms and conditions (Terms of Service). The Service is provided on an “as is” basis, and you agree to use the Service at your own risk. Violation of any of the terms below will result in the termination of your Account Service.
1. Account Holder Information
You agree to provide accurate, current, and complete information (User Data) required to register with the Service. You hereby confirm that any User Data you have provided is accurate, up to date and complete. You further agree to maintain and update your User Data as required to keep it accurate, up to date, and complete.
To sign up for the Service, you need to accept these Terms of Service, and an Account will be created for you. You are solely responsible for maintaining the confidentiality and security of your Account. You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Locatify of any unauthorized use of your Account or any other breach of security. Locatify is not responsible for any potential losses arising out of the unauthorized or other improper use of your Account.
2. Terms & Conditions for Service
- You must be a real, live human being. 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 signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Locatify 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 accounts under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Subscriptions, Payment and Refund Policies
By selecting a premium subscription, you agree to the Locatify EULA. An Account can be upgraded to a Subscription Plan for accessing more features and premium publishing options such as publishing projects to Locatify SmartGuide, TeachOUT or TurfHunt apps.
Duration of subscription license term is selected by the user when upgrading Accounts. The subscription license is activated on the date specified by the user during the upgrade process.
The Subscription Plans are listed on the Locatify website (locatify.com/pricing).
Accounts with premium services require a valid credit card or SEPA direct debit authorisation to enable premium features. Free accounts are not required to provide a credit card number.
Locatify uses Adyen payment gateway for secure online payments.
You will be billed monthly for generic app subscriptions and annually for the first year subscription for branded apps and other premium services, immediately upon upgrading.
3.3 Refund Policies
The Service is billed in advance with due day, when service period starts and is non-refundable. There will be no refunds or credits for partial period of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
If your monthly bandwidth usage exceeds the average usage of other Locatify customers, (as determined solely by Locatify) we reserve the right to examine your account and, if necessary, may require you to purchase additional bandwidth.
3.4 Creator CMS® Free Trial
Your free trial will end at the end of the specified trial period or when you decide to publish your projects via a premium subscription plan to one of the generic Locatify apps or publish to your own branded app using the Service.
4. Fees and taxes
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.
For any upgrade or downgrade in plan level, your credit card that you provided will be charged the new rate when the next billing cycle begins.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Locatify does not accept any liability for such loss.
5. Cancellation and Termination
You are solely responsible for properly canceling a paid subscription. Your service can be cancelled at any time by notifying Locatify sales department in writing (email@example.com) or by cancelling the subscription from the Locatify website under your account service.
Note well that when you cancel your account, all of your Content will be immediately deleted from the Service. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your subscription period, your cancellation will take effect immediately and you will not be charged again
Locatify reserves the right to refuse service to anyone for any reason at any time. Locatify, in its sole discretion, has the right to suspend or terminate your account and refuse the use of the Service. 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.
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 Locatify.
6. Changes to the Service and Prices
Locatify 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 features in the system, 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 www.locatify.com/eula
Prices of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Locatify Site (Locatify.com/pricing) or the Service itself.
Locatify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Copyright and Content Ownership
All content posted on the Service is must comply with International copyright law. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
Locatify reserves the right to modify and make available to play, any game that has been made by a user with an Account not enrolled in a Subscription plan.
Locatify does not pre-screen Content, but has the right to refuse or remove any Content that is available via the Service.
If you have Locatify develop branded Smartphone applications in your name, you will not receive, or claim ownership to any software code from Locatify with this Service.
8. General Conditions
Technical support is only provided to paying account holders and is only available via email.
You understand that Locatify uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You are fully responsible for not endangering users of your content by guiding them to places that are dangerous and can cause users physical or mental harm.
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.
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 Locatify 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. You expressly understand and agree that Locatify provides a software service that enables you to create, manage and publish mobile web applications.
Locatify 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 Locatify 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 Locatify 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) unauthorised 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 Locatify 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 Locatify and govern your use of the Service, superseding any prior agreements between you and Locatify (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support at firstname.lastname@example.org
When accessing our Website, Locatify, Inc. will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site.
If you visit our site to read or download information on our pages, we collect and store only the following information about you:
- Email address
- Organisation Name (optional)
- Phone Number (optional)
- The name of the domain from which you access the Internet
- The date and time you access our site
- The Internet address of the website you used to link directly to our site.
If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message.
The information collected is for statistical purposes. Locatify, Inc. may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, Locatify, Inc uses software programs to monitor network traffic to identify unauthorised attempts to upload or change information, or otherwise cause damage.
Locatify, Inc. will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
App Store, Apple®, Apple logo®, iPad®, iPhone®, iPod®, iPod touch®, iTunes® are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google Inc. in the United States and other countries.
Windows is a registered trademark of Microsoft Corporation in the United States and other countries.
All other brand and product names are or may be trademarks of, and are used to identify products or services of, their respective owners.
11. Marketing of user generated content
Locatify has the right to market any content which is published via the Locatify platform to our audience via the Locatify website, social media and email marketing. If you wish to opt out of this service, please write to Locatify at email@example.com.
-The Locatify Team