Pixel Rainbow Inc., having business at 901 North Pitt Street Suite 325, Alexandria, VA 22314, as EarlyApps provides a service for Users and Developers (the "Service") that is a platform enabling Developers to find early users and beta testers for Applications developed by them, and enabling Users with active Subscription to sign up for any available Application in Early Access.
These Terms of Service are an agreement between you and EarlyApps regarding your use of the EarlyApps Service. EarlyApps provides the Service subject to these Terms of Service. These Terms of Service may be revised from time to time. By using the Service, you agree to be bound and to abide by the most recent version of these Terms of Service. The Terms of Service were last updated on 15th day of May, year 2017. Some EarlyApps services and accounts have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a service or account, we will make them available for you to read through your use of that service or account. By using the services or account, you agree to be bound and to abide by the most recent version of Additional Terms. As used in these Terms of Service, “EarlyApps” means EarlyApps Corporation, and “user” means any user of the EarlyApps Service, including but not limited to any "Subscription" holder, "Developer.” We explain these terms in more detail below.
EarlyApps grants you permission to access and use the Service as set forth in these Terms of Service, and in exchange you agree as follows:
You understand and agree that EarlyApps may immediately terminate the account of, or suspend or terminate access to the Service by, a user that violates any of these prohibitions.
You acknowledge and agree that you are solely responsible for the applications that you upload and make available to Users using the Service (collectively "Applications"), and for the consequences of uploading, storing or making available for usage any Applications. You agree that you will not use the Service to upload, store and make available for usage Applications that you did not create or that you do not have permission to upload, store and make available for usage. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store and make available for usage your Applications including valid Apple Developer Agreement. By uploading, storing, or making available for usage any Applications, you promise that doing so does not infringe any intellectual property rights of another person. By uploading, storing, or making available for usage any Applications, you affirm that Applications are not distributed at the moment in any public application store (Apple AppStore and similar) and you commit to inform EarlyApps and remove Applications from the access, as soon as Application released in such public application store. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. You agree that you will not use the Service or the Site to post, transmit, or make available for usage Applications that are any of the following or contain any content that is any of following:
By uploading, storing and making available for usage Applcations, you promise that it does not fall into any of these prohibited categories. You understand and agree that EarlyApps may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You understand that EarlyApps does not promise that Applications you upload, store and make available for usage using the Service will be maintained by EarlyApps. You are solely responsible for creating backup copies of and replacing any Applications, at your own cost and expense. You agree that EarlyApps has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Applications. EarlyApps retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number of users, and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
The Users must be over 16 years old to register on the Service, and EarlyApps reserves the right to check their legal age. All User accounts are exclusive, personal, and non-transferable.
Developers via the Service grant the User the use, not exclusive, personal and non-transferable of specific Applications, temporarily downloaded to the User’s mobile device, in order to receive an assessment of it by the User.
Once the Users register in the Service, they will get the list of all Applications available to test and evaluate, which the User will be able to accept or reject after learning about their features.
Once the Developer publishes an Application on the Service, the User is able to sign on for the official testing program of Developer to install and use the provided Application.
For the installment and use of certain Applications, the User might be asked for acceptance of additional clauses complementing this general terms, which should also be read and accepted by the User for the proper provision of the service or product supply.
User understand and accepts that he tests and gives feedback for Applications on his own good will and cannot expect any kind of compensation for his participation in a testing program of Developer.
The User will maintain in the strictest confidentiality the Applications he is testing both in the present and in the future, and undertakes to delete and destroy all of the programs whenever EarlyApps or Developer requests the User to do so.
The Applications intellectual property belongs to Developer or corresponding third parties, and consequently, the total or partial reproduction, transmission to another computer equipment, modification, adaptation, maintenance, fault rectification, assignment, sell, sent, loan, assignment for use, assignment of the usage rights, disclosure, publication etc., of the Application is strictly prohibited.
It is strictly forbidden for the User to:
Except for Applications, all content and components of the Service, including without limitation, the software, graphics, interactive features, trademarks, service marks, logos, and other content ("EarlyApps Materials") are owned by or licensed to EarlyApps. EarlyApps reserves all rights to the EarlyApps Materials not expressly granted to you by these Terms of Service. You may access and use the EarlyApps Materials as necessary to provide links to your Applications. You may not otherwise use, reproduce, distribute, or display any EarlyApps Materials. You may not alter or modify any EarlyApps Materials. By uploading any Application on the EarlyApps Service, you give EarlyApps permission to maintain corresponding files on servers used by the Service, to permit access to the Application vis the Service, and to make copies of the corresponding files as EarlyApps deems necessary to facilitate the Service. You retain any and all other rights to your Application. EarlyApps will not reproduce, distribute, display or exploit any Application except at your direction as part of the Service, or as EarlyApps otherwise deems necessary to comply with any legal obligation.
EarlyApps will routinely screen and review all Applications uploaded using the Service. EarlyApps reserves the right to refuse to accept, store and permit the making available for usage any Application, to remove any Application from the Service, and to prevent the uploading of any Application. EarlyApps does not endorse or support any Application. EarlyApps does not guarantee the accuracy or reliability of any Application. EarlyApps does not guarantee that Application does not infringe third party rights, including intellectual property rights. EarlyApps does not guarantee that Application will not be harmful or offensive. EarlyApps does not guarantee that Application will comply with these Terms of Service. You acknowledge that any use of or reliance on Application obtained through the Service will be at your own risk. If you become aware of any Application that you believe violates these Terms of Service, or that is otherwise objectionable, you should inform EarlyApps. If you believe that Application violates copyright or trademark law, please submit a notice in accordance with EarlyApps’s Intellectual Property and Rights Policy. If you believe that Application is otherwise objectionable, send it by e-mail to [email protected]. EarlyApps may remove or disable access to the Application if, in EarlyApps’s judgment, it is appropriate to do so. However, please understand that deciding whether Application is objectionable often requires the exercise of judgment, and that EarlyApps is not legally responsible for content that it does not originate. EarlyApps reserves the right to access, review, preserve, and disclose any Application, as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce these Terms of Service; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of EarlyApps, its users and the public. You agree that EarlyApps will not be liable for exercising or failing to exercise any of these rights.
All services provided by the company are provided on a non-refundable basis. This includes, but is not limited to, annual fees and monthly fees, regardless of usage. In addition, if your account is canceled by the company for violation of this agreement, all payments made to the company become completely non refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action.
Unless cancelled, your Service subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period's subscription fees to your payment method. EarlyApps may without prior notice, immediately terminate your recurring subscription, so it won’t be renewed at the end of your subscription period. Such termination may be made in EarlyApps's sole and absolute discretion with or without cause.
We may change the fees and charges in effect or add new fees and charges from time to time. Furthermore, notwithstanding any other provision contained herein, at the time of any renewal of your subscription you agree that we may increase your recurring fees but not more than by 20% in a 180-day period. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure.
To cancel subscription, please contact us via [email protected].
Advertising served by EarlyApps itself or by EarlyApps in cooperation with a third party ("EarlyApps Advertising") may appear on the EarlyApps website or in communications sent by EarlyApps. You understand and agree that all revenue resulting from EarlyApps Advertising will be paid exclusively to EarlyApps, and that you have no right to or interest in any such revenue. You understand that EarlyApps is not responsible for the textual, visual, or technological features or the content of advertisements that appear on the EarlyApps website or in EarlyApps communications, other than advertisements created and served directly by EarlyApps (if any). By using the Service, you agree that EarlyApps will not be liable for any EarlyApps Advertising that it does not create and serve.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARLYAPPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EARLYAPPS DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE. In particular, and without limitation, EarlyApps gives no warranty or guarantee that: (1) the Service will meet your requirements; (2) the Service will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the Service will be accurate or reliable; (4) the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; (5) any errors in the components or contents of the Service will be corrected; or (6) that the Service is free of viruses or other harmful components. YOU UNDERSTAND AND AGREE THAT EARLYAPPS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, INTEREST OR APPRECIATION, LOSS OF GOODWILL, OR HARM TO REPUTATION, OR FOR ANY INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY DATA UPLOADED, STORED OR MADE AVAILABLE THROUGH THE SERVICE, WHETHER OR NOT EARLYAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU UNDERSTAND AND AGREE THAT THE MAXIMUM LIABILITY OF EARLYAPPS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO EARLYAPPS, OR OWED BY EARLYAPPS TO YOU, PURSUANT TO THESE TERMS OF SERVICE AND THE OTHER TERMS AND CONDITIONS THEY INCORPORATE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations on liability and damages set forth above may not apply to you.
You agree to hold harmless and indemnify EarlyApps, and its affiliates, officers, directors, employees, agents from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, or other liabilities of any kind. EarlyApps will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of EarlyApps to provide such notice will not relieve you of these obligations.
No Waiver. The failure or inability of EarlyApps to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. The failure or inability of EarlyApps to take action to address any violation of these Terms of Service will not deprive EarlyApps of the right to take measures to address any subsequent or similar violations.
Relationship of EarlyApps and its Users. EarlyApps and its users are independent contractors. Neither the provision or use of the Service nor these Terms of Service create any other legal relationship.
Assignment. EarlyApps may assign its rights and obligations under these Terms of Service to any third party that acquires an interest in EarlyApps, and may delegate obligations under these Terms of Service to third parties retained by EarlyApps. No user may transfer or assign any rights or duties under these Terms of Service to any other person or entity, and any purported transfer or assignment of such rights or duties shall be void.
Severability. If any provision of these Terms of Service is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and all other provisions of these Terms of Service will remain in effect.
Non-Competition. By access or using the Service, you represent that you are not a competitor of EarlyApps, and you promise to not use the information received through the use of the Service for the purpose of competing with EarlyApps.