Policies

AppFerret Market Terms

Welcome to AppFerret Market

1. Hi, we’re AppFerret and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘AppFerret’ it’s because that’s who we are and we own and run the AppFerret Market (sometimes called Marketplace) sites.

2. AppFerret’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an AppFerret Market account that will allow you to buy and sell items like the ones found on the AppFerret Market sites and make other related transactions.

3. The AppFerret Market sites are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On AppFerret Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. Any transactions are logged on your member’s statement, which records the payments made by you to authors/vendors via AppFerret Market (as a buyer) and by buyers via AppFerret Market to you (as an author/vendor).

4. The items on AppFerret Market are owned by the authors, not by us. We provide a platform; we do not take ownership of the items.

5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the AppFerret Market sites is conditional on your acceptance to be bound by these terms and the Privacy Policy whether you become a member or not.

How browsing and membership works

6. Browsing: You need to be 13 years or over to browse the AppFerret Market sites. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our AppFerret Market sites whether or not you’re a member.

Membership

7. Age: You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

8. Benefits: Membership is free. When you become a member you get an AppFerret Market account that is accessible from any of our AppFerret Market sites (and is also your AppFerret account for other AppFerret services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of AppFerret Market sites that help people get creative. Membership also gives you the opportunity to become an author (see section 30 – Becoming an Author/Vendor) or earn referral income (see section 10 – Referrals).

9. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the AppFerret Market sites that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the AppFerret Market Terms carefully.

10. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our AppFerret Market sites you will be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.

How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on AppFerret Market.

11. What you’re buying:

  1. License: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on AppFerret Market. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an AppFerret Market member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
  2. Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items.
    To learn more about item support, like what items are covered, what authors provide, the support period and support extension options, see the item support policy.
  3. Buyer services: When you ‘buy’ an item you also receive services from AppFerret like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
    You can read more about the awesome buyer services buyers get from us over at Why Buy From Us information page.

12. The total price for an item on AppFerret Market is made up of:

  1. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
  2. Buyer fee: This is the fee for the buyer services you get from AppFerret.
  3. Handling fee: In some transactions on AppFerret Market the total price may include a handling fee. See section 17 for the details about the handling fee.
  4. Taxes: Some transactions on AppFerret Market may be subject to tax that may be added to the list price or handling fee. See section 22 for details about taxes on AppFerret Market.
The list price is made up of the item price and buyer fee, and is the price you see on an item page.

Transacting as a buyer:

13. You can make payments in one of two ways: you can ‘Buy Now’ or you can buy AppFerret credits via your AppFerret Market account.

14. AppFerret credits: When you deposit money into your AppFerret Market account it is converted by your financial institution from your currency to US Dollars. We then convert those US Dollars to AppFerret credits. One (1) AppFerret Credit is equal to one (1) US Dollar.

15. AppFerret credits can only be used to pay for AppFerret Market transactions. We do not generally refund any monies deposited to your AppFerret Market account to buy AppFerret credits (but you may have rights under an applicable consumer law, which we don’t exclude).

16. If you choose to buy using AppFerret credits, the total price will be deducted from your AppFerret credits.

17. Instead of using AppFerret credits, you can choose to Buy Now and you will be redirected to a payment method provider. You may be required to pay a handling fee charged over the item price.

18. Currency conversion costs: You are responsible for all costs of currency conversion relating to your AppFerret Market account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

This means that you may incur additional costs when purchasing from AppFerret Market, which we have no control over.

19. Terms of buying: When you buy an AppFerret Market item you’re doing so on the following terms:

  1. you promise to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  2. you cannot cancel a completed purchase of an item;
  3. we and the authors do not promise that any particular item will continue to be available on AppFerret Market so you should download and save the item as soon as you buy it;
  4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  5. the author retains ownership of the item;
  6. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services;
  7. transaction limits may apply to AppFerret credits (such as total or daily limits);
  8. we have the right to enforce against you the terms of the license that you have acquired from an author.
It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully. See our Help Center article for information about account limits.

20. Promises we make:

  1. We promise that AppFerret Market sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
  2. We otherwise do not make any express or implied promises about AppFerret Market sites (or any items on AppFerret Market sites).

21. Promises author/vendors make: The author of an item you buy promises you that:

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by the author on the item preview page, as well as any item preview;
  3. they will honour any express promises given to you that are not contained in these terms;
  4. they have the rights necessary to license that item on the terms of applicable license;
  5. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  9. if the item is marked as ‘supported’, they will provide you with the services as outlined in the item support policy.
This is what authors are promising you when you buy an item.

22. Taxes:

  1. Prices and fees are inclusive of transactional taxes where relevant (like VAT and GST), except for the following (which will be added as part of the total price buyers see before finalising a purchase): (a) European Union VAT (if applicable) and (b) any other transactional taxes we state on the site will be added.
  2. You are responsible for paying all other fees and taxes associated with your use of AppFerret Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

23. AppFerret credits expire: AppFerret credits expire if not used within 12 months from the date of deposit, and will be forfeited on the 12 month anniversary of the deposit date. If you deposit money to your AppFerret Market account at any time during that 12 month period before your AppFerret credits expire, the total balance of your AppFerret credits (that is, both the new deposit and the balance of any unused older AppFerret credits) will become available for a further 12 months from the date of the new deposit. If you don’t use your AppFerret credits within that further 12 months, the credits will be forfeited on the 12 month anniversary of the new deposit. We generally try to tell you beforehand when AppFerret credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under an applicable consumer law, we don’t exclude them.

If you haven’t used your AppFerret credits within 12 months they may expire.

24. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

25. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the promises given by the author in section 21 has been breached, or a refund is required under the AppFerret Market Refund Rules or Australian consumer law or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.

26. We or an author will assess refund requests on their merits, considering the digital nature of AppFerret Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:

  1. you have changed your mind about an item;
  2. you bought an item by mistake;
  3. you do not have sufficient expertise to use the item;
  4. you ask for goodwill; or
  5. you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

27. If the author or we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. So if the item was bought using AppFerret credits, you will be given credit in AppFerret credits; if the item was bought using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not AppFerret credits) will be made in US Dollars, under the rules of the payment method (see section 18 – Currency conversion costs about currency conversion back to your local currency).

It is important that you understand how refunds work on AppFerret Market.

28. Disputes lodged with payment agents: If, as a buyer, you lodge a dispute with a payment agent, this will result in a freezing of your AppFerret Market account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your AppFerret Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

29. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits under Australian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Becoming an author/vendor

30. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our author/vendors sell simple items as a part time venture, some do it to get their name out there, and some are able to make it their full time profession. If you want to get involved in our community as an author/vendor find out how here. Remember that if you become an author/vendor these terms will continue to apply, along with the Author/Vendor Terms you’ll sign up to as an author/vendor.

To find out more about how to become an author visit the ‘Become an Author/Vendor’ guide here.

Intellectual Property

31. What we own: We own all the AppFerret content that we have put on AppFerret Market (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the AppFerret Market sites, and copyright, trademarks, designs and other intellectual property on AppFerret Market. We own all the trademarks, logos, service marks and trade names on AppFerret Market (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our AppFerret Content or use any of our intellectual property in any way not expressly stated in these terms.

32. What we don’t own: We do not own the items on AppFerret Market; our authors do. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the AppFerret Market do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item – see section 21 – Promises author/vendors make.)

33. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information in our Content Policy.

Our Content Policy is where you will find all the information relating to how we treat intellectual property on AppFerret Market including copyright and other rights.

34. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.

Our use of your information

35. Privacy: We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the AppFerret Market sites and their services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms part of these terms.

36. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the AppFerret Market will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the AppFerret Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the AppFerret Market to any other person.

Playing fair

37. Prohibited Conduct: AppFerret is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on AppFerret Market but you promise that you will not:

  1. use a false email address, impersonate others, or misrepresent your affiliation with others;
  2. attempt to gain unauthorised access to computer systems or content through the AppFerret Market;
  3. attempt to contact other members through the AppFerret Market or use any information gained from the AppFerret Market with the intention to make a private arrangement that would otherwise be made using the AppFerret Market;
  4. enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms or the Author Terms;
  5. use information gathered from or through the AppFerret Market in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
  6. attempt to or actually interrupt, negatively impact or alter the AppFerret Market operation in any way;
  7. use the AppFerret Market or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
  8. modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the AppFerret Market, other than in accordance with these terms or the license for the item.

38. We strongly recommend that you don’t make your contact details public on the AppFerret Market or in any public communications via the AppFerret Market sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under section 37(c) – Prohibited Conduct and you do so at your risk!

39. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the AppFerret Market and any content might result in liability to us or anyone else.

40. Community participation: We take great pride in our global and thriving community—it’s part of what makes the AppFerret Market such a friendly place. We focus on transparency and mutual respect and invite you to participate, give feedback and have your say. Before participating on AppFerret Market, please read the Community Guidelines, as you agree to follow them as part of these terms.

Linking; apps made by others

41. Linking to the AppFerret Market: We’d be delighted if you decide to link to AppFerret Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on AppFerret Market. That includes no “in-line” linking methods resulting in images hosted on AppFerret Market being displayed on other sites. You must not “frame” any AppFerret Market pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the AppFerret Market be discontinued, and to revoke your ability to link to the AppFerret Market.

42. Links from the AppFerret Market: The AppFerret Market sites may contain links to other non-AppFerret sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

43. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with AppFerret Market. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.

Legal Housekeeping

44. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of AppFerret Market complies with these terms. We can suspend or terminate your AppFerret Market account at any time for any reason (acting reasonably of course) for any of the following reasons:

  1. if you breach these terms;
  2. if you act in a way that does not align with the values of our community; or
  3. If you act in a way that could cause us or members harm.

If we do decide to permanently terminate your AppFerret Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community.

45. AppFerret Companies: If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit‘) is given in our favour in these terms, the Author Terms or Affiliate Terms, we hold that benefit on trust for the other AppFerret Companies. We may enforce that benefit as trustee for and on behalf of the other AppFerret Companies as beneficiaries under that trust.

46. We may use the services of another AppFerret Company to conduct payment or other activities with you, like collecting payments and paying author earnings. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we (or another AppFerret Company) receive the payment successfully.

Liability and indemnity – between us and members

47. We provide AppFerret Market sites, not the items on AppFerret Market sites.

48. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of AppFerret Market and any content you post to AppFerret Market (including, if you are an author, your items).

49. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:

  1. the items on AppFerret Market;
  2. information provided by authors about their items (including on any item page); and
  3. your use of items from AppFerret Market.

50. Our liability to you in connection with AppFerret Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

  1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
  2. our total liability to you is limited to the total buyer fees and author fees paid by you in the 12 months before liability accrued.
These sections mean that you protect us from costs and claims that happen because of your actions on the site, and that our liability to you is limited.

We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.

Liability and indemnity – between authors and members

51. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:

  1. if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
  2. if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.

52. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item.

This means that the author’s liability to buyers is limited.

53. Availability: We strive to have AppFerret Market available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access AppFerret Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how AppFerret Market works. The AppFerret Companies will not be liable to you for any loss you suffer as a result of these things.

54. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

55. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express promises made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

56. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.

As our sites are global, there are different laws that may apply and these may restrict our relationship with you. See this Help Center article for some details.

57. US-specific controls. AppFerret Market is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export AppFerret Market items to a U.S. sanctioned country or to anyone on the SDN list.

58. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments (see section 46), the authors’ providing warranties to buyers in section 21 – Promises authors make, to limit authors’ liability to buyers in section 53, and the disclaimer of authors’ liability to buyers in section 56 – Consumer laws.

59. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to your AppFerret Market account email address.

60. Changes to AppFerret Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use AppFerret Market sites after the changes are made, then you will be agreeing to the changes.

61. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

62. Applicable Laws: We control and operate AppFerret Market from our offices in Australia. The laws of Victoria, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

Definitions

Author:

a member who makes items available for sale on AppFerret Market.

Buy:

includes downloading an item that is made available for free on AppFerret Market or that is purchased for you by another member.

Buy Now:

a way of purchasing an item using a payment provider and not using AppFerret credits

Buyer:

a member who ‘buys’ items on AppFerret Market.

Buyer fee:

the fee for the services buyers get from AppFerret like 24/7 support, fraud protection, item quality control and other related buyers services.

AppFerret:
AppFerret Companies:

AppFerret and any company that controls, is controlled by or is under common control with AppFerret.

AppFerret content:

is all the content that we have put on AppFerret Market and includes the design, compilation, and look and feel of the AppFerret Market, and copyright, trademarks, designs and other intellectual property on the AppFerret Market (unless otherwise stated and excluding content owned by others like author content).

AppFerret Market:

When we refer to the ‘AppFerret Market’ we’re talking about the AppFerret digital marketplaces, which include these sites:

Site Name:Accessible at:
AppFerretwww.appferret.io
AppFerret Dashboarddashboard.appferret.io
AppFerret Knowledgebasekb.appferret.io
AppFerret Market account:

what you receive when you become a Member which gives you access to any of the AppFerret Market sites.

EU Member State:

the countries listed here: http://europa.eu/about-eu/countries/index_en.htm

Handling fee:

the fee buyers may pay when using a payment method other than AppFerret credits.

Item price:

the price buyers pay for the license to use an item, as detailed in section 12(a).

Item support:

the support an author agrees to provide for an item marked as ‘supported’ as detailed on the item support page.

Items:

digital goods found on AppFerret Market like server applications, mobile applications, data sets, consulting services and much more.

List price:

the price you see on an item page on AppFerret Market, which is made up of the item price and buyer fee.

Member:

a person who signs up by creating an account and accepting these terms.

Member’s statement:

the record of payments by you to AppFerret (as a buyer) and by AppFerret to you (as an author/vendor).

Payment method:

any payment agent or method we make available on the AppFerret Market.

Total price:

the price the buyer will pay in total, which consists of the item price, AppFerret’s buyer fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 12.

Your content:

everything that you post on the AppFerret Market, or send via the AppFerret Market to other members and to us including items, files, communications and materials.

Version 1.1 – Effective date: June 29, 2017.

Author Terms

Welcome

1. Hi, we’re AppFerret. We’ve met before over at AppFerret Market Terms. It’s good to meet you again and we’re really glad you’re keen on becoming an author with us.

2. Imagine creating what you want, when you want, from the comfort of your own home, making passive income whether you’re working or not. Some of our authors sell stock in their free time as a hobby, some do it to get their name out there, and some are able to make it their full time profession.

3. Becoming an author is easy and if you’ve reached this point then you’re already a member and you’ve accepted our AppFerret Market Terms. These additional terms for authors (‘Author Terms’) are an extra part of the AppFerret Market Terms that apply specifically to authors on the AppFerret Market. You’ll need to agree to them before you can become an author. These govern the relationships, rights and obligations of authors to us and buyers using AppFerret Market. You agree to put your items on AppFerret Market and make them available to buyers on the basis stated in the AppFerret Market Terms and these Author Terms.

As an author on the AppFerret Market you have responsibilities to us and buyers of your items. Please take the time to review these Author Terms carefully.

4. When we say ‘you’ in these Author Terms we are referring to you, the author. All other words defined or explained in the AppFerret Market Terms have the same meaning here. If there’s any inconsistency between what we say in these Author Terms and what is in the AppFerret Market Terms, what we say in these Author Terms prevails.

5. Read on for details about your author responsibilities, the process of selling your items on the AppFerret Market and how you can earn money with us.

Becoming an author

6. Becoming an author is free: Becoming an author and putting your items up on the AppFerret Market is free but there is a review process before your items go live. There are a few things you promise in exchange for the right to be an author, which are outlined in these Author Terms.

7. Process to become an author: There are easy steps you follow to sign up as an author, which are outlined on the AppFerret Market Become an Author guide. There you’ll find instructions and resources that will help you get started. You’ll also find information about payment, submission requirements and other important information about being an author on our Author Guide page.

How selling your items works

8. What you’re providing:

    1. License: When you ‘sell’ an item, you’re making your item available to buyers and downloaders to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer or downloader to use that item under the relevant license options that we set.
For the different types of licenses and detail about what rights you are licensing see our licensing page. Take a moment to understand how your work will be licensed!
    1. Item support: You can choose whether or not to support certain items. If you choose to support an item, this will be identified on the item page. All supported items include a support period. Buyers can buy support extensions on these items.
To understand item support, like what items are covered, what you agree to provide buyers, the support period and support extension options, see the item support policy page.

9. The total price for an item on AppFerret Market is made up of:

    1. Item price: The item price is made up of a license fee (for the license chosen for the item), and if relevant the item support fee (for supported items).
    2. Buyer fee: This is the fee buyers pay AppFerret for the buyer services we provide buyers.
    3. Handling fee: In some transactions the total price may include a handling fee.
    4. Taxes: Some transactions may be subject to tax that may be added to the list price or handling fee.
The list price is made up of the item price and buyer fee, and is the price on an item page.. See AppFerret Market Terms for information about all the parts of the total price.

10. Exclusivity: When you become an author, you can choose to make your items available exclusively on the AppFerret Market or have the option of selling your items elsewhere. As we explain next, the percentage of revenue you receive from each sale of your item will vary depending on your choice. You can change your exclusivity status which will affect the percentage of revenue you get after you change your status.

11. Your earnings; author fee: When your item is sold on AppFerret Market, you will earn the item price component of the list price less an author fee that we charge. The author fee is what you are charged by AppFerret for use of our platform and services as an author. The author fee is determined by whether you are selling the item only on AppFerret Market exclusively and by the aggregate value of list price sales you’ve had in the past. The author fee you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on AppFerret Market.

12. Setting the prices of items: We set the prices of items in some categories on AppFerret Market. We know how valuable your creations are to you and so we endeavour to make the prices we set for your items fair and in line with the going market rate. Even so, you acknowledge and agree that we have absolute control over the pricing of AppFerret Market items in categories where we set the prices. There are some categories known as ‘author-driven pricing categories’ where authors set the prices for their items. If you sell items in an author-driven pricing category, you must make all pricing decisions independently. This means that discussions about your pricing decisions are not permitted under any circumstances.

13. Review: When you think you’ve created an item suitable for AppFerret Market, you can submit that item to us to check the quality and whether it contains adequate information for buyers. We have rules about what we accept and don’t accept and you can read up on these in our author-related AppFerret Market information. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for AppFerret Market.

14. No Variation: You are not permitted to vary these terms (or our AppFerret Market Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on AppFerret Market on your items will have no effect against buyers or AppFerret.

How do payments of earnings work

These sections explain how earning an income works on the AppFerret Market and important information about payments to your account, and withdrawals and deductions from your account. Take a close look!

Earnings payment:

15. We will pay you the item price component of the total price less the author fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorise us to collect payments, to credit your AppFerret Market account with your earnings, and to distribute your earnings to you. We may use another AppFerret Company to do these things for us.

16. To avoid any confusion, only your earnings from the sale of your items (and referral income under our separate Affiliate Program) will be payable to you. AppFerret credits that were converted from monies you deposit as a buyer are not able to be withdrawn or refunded.

17. Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. The details of how much you need to have in your AppFerret Market account before we can pay you is set out in our Author Guide page.

18. Earnings payment timing and methods:

  1. You ask us to hold the balance of your earnings until you request a payment. You can do this by setting up automatic payment requests. We will continue to hold your earnings until we receive a request for withdrawal unless for some reason we decide to pay you your earnings without a request.
  2. When we get a request for payment, we’ll pay you at the next payment cycle as stated on our Author Guide page.
  3. You must provide us with the correct details and payment method when you request your earnings.
  4. Despite section 18(a) above, we reserve the right to pay your earnings to you, at any time, at our discretion.
  5. You may bear some or all expenses incurred by us in paying monies to you.

19. Potential deductions:

  1. Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we don’t control). If an AppFerret Market transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your AppFerret Market account.
  2. You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item outlined in the AppFerret Market Refund Rules, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your AppFerret Market account any amount that would otherwise be payable to you.

20. Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:

  1. we do not have the correct payment details;
  2. we can’t contact you using the contact details that you have supplied;
  3. you have not made a request for payment; or
  4. you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.

21. Currency conversions: Whenever we make a payment to you as an author, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).

22. Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the AppFerret Market Terms and these Author Terms, we can at our discretion disable the item or your membership. See our Content Policy for more information. We may also hold any earnings on that item for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.

The AppFerret Market Terms have some important details about how our dealings with you might be restricted or your earnings forfeited. Please look closely at sections 56-57 of the AppFerret Market Terms.

23. Buying items: If you buy an item from the AppFerret Market and can’t cover the cost from your AppFerret credits, we’ll make up any difference out of any author earnings you have in your AppFerret Market account.

Author house-keeping

24. Taxes:

  1. As an author on AppFerret Market, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State).
  2. AppFerret will charge, collect and account for VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer’s responsibility to self-account for VAT. It is not your responsibility as an author to account for VAT when a buyer is located in an EU Member State.
  3. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
  4. We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one AppFerret Company and disclosed to or handled by another AppFerret Company. We or another AppFerret Company may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.

25. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between authors and buyers on AppFerret Market.

Your promises and responsibilities:

26. As an author you promise to us and each buyer of your items that:

  1. the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  2. the item matches the description given by you on the item preview page, as well as any item preview;
  3. you will honour any express promises given to buyers that are not contained in the AppFerret Market Terms;
  4. you have rights necessary to license that item on the terms of the applicable license;
  5. the buyer’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
  6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
  8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
  9. where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item.

27. If you make your items available on AppFerret Market for free, then the promises you make to buyers also apply to anyone who downloads your item from AppFerret Market. In certain circumstances, we may also allow a buyer to purchase an item for another member, and in this case you also agree that these promises apply to the member for whom the item is purchased.

28. You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in sections 51-52 of the AppFerret Market Terms.

As an author you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!

29. As an author you promise to us that:

  1. you will not use AppFerret Market to offer non-AppFerret goods or services to buyers;
  2. you will not buy your own items;
  3. you will follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
  4. information and documentation you give us (like your name and address) is accurate; and
  5. where you have marked an item as ‘supported’, you will provide buyers of your item with support for the included support period and any support extension period purchased, unless we agree otherwise.

30. Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the AppFerret Market Terms or the item’s license.

31. Other authors and affiliates’ use of your item: An AppFerret affiliate can use your item thumbnail previews in their promotion of the AppFerret Market and no compensation is due for these uses. A fellow author may also use a watermarked preview of your item in a preview of their own AppFerret Market item without requiring your permission and without compensating you. The other author must credit you by providing a link to your item on the AppFerret Market.

32. Our use of your item: We may use the whole or part of your items to promote AppFerret. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.

33. Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the AppFerret Market fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.

Personal information of members

34. In order to facilitate a transaction on AppFerret Market, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that AppFerret Market transaction.

35. If, over and above what AppFerret provides you with, a member voluntarily provides you with (or your item accesses or uses) usernames, passwords or other personal information of the member (personal information), you must:

  1. provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
  2. obtain the member’s permission to use their personal information;
  3. use the personal information only for the limited purposes for which the member gave permission; and
  4. meet any privacy and spam law requirements that apply to you.
For an idea about how we deal with user information see our Privacy Policy.

Special arrangements

Special deals and promotions

36. Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for authors (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to AppFerret Market buyers. Generally, this will be covered by our setting of prices (see section 12 – Setting the prices of items). In some cases, if pricing promotions involve a change in the author fee or licensing terms, then it is a special promotion and the following sections are relevant.

37. Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your items in a special deal may not always be determined by reference to the advertised price of your item on the AppFerret Market. Given the nature of special deals and special promotions, the author fee may differ for special deals or special promotions.

38. Before your item is included in a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, item pricing and author fee. You can opt out of participating in a special deal or special promotion if the deal involves a change to the author fee. We will let you know the time frame to opt out, and if you don’t do so, your item will be included in the special deal or special promotion.

39. Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer to use your item in particular ways. If these supplementary licenses are substantially different from the standard AppFerret Market licenses, you will also have the opportunity to opt out of participating in the special deal or special promotion within the time frame we set out when we make the offer to you.

You will always have the option of opting out of any special deal or special promotion if it involves a change to the author fee. We decide the other details like pricing.

Legal housekeeping

40. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:

  1. for receiving Buy Now payments from buyers (the buyer’s obligation to pay you for an item will be met when they make a Buy Now payment to us or an AppFerret Company);
  2. for passing on your promises to buyers made in section 21 of the AppFerret Market Terms;
  3. for limiting your liability to buyers in sections 51-52 of the AppFerret Market Terms.

Definitions

Author:

a member who makes items available for sale on AppFerret Market.

Author fee

is what you are charged by AppFerret for use of our platform and services as an author.

Buyer fee:

the fee for the services buyers get from AppFerret like 24/7 buyer support, fraud protection, item quality control and other related buyers services.

Item price:

the price a buyer pays for an item as detailed in section 9.

Item support:

the support provided by you to buyers of items you choose to support, as detailed in the item support policy.

EU Member State

means the countries listed here: http://europa.eu/about-eu/countries/index_en.htm

List price

is the price you see on an item page on AppFerret Market and is made up of the item price and buyer fee.

Go forth and author!

We’re very glad you’ve made it to the end of this important document. You can head over and read the Author Guide which will run through all the practical and operational stuff you’ll need to know.

We wish you all the very best in selling your items on the AppFerret Market.

Version 5.1 – Effective date: May 16, 2016.

Privacy Policy

Welcome to AppFerret’s Privacy Policy

  1. Hi, we’re AppFerret Pty Ltd (ABN 11 119 159 741) and welcome to our privacy policy. This policy sets out how we handle personal information and applies across all of AppFerret’s businesses, including AppFerret Market, AppFerret Studio and Tuts+ (the Sites).
  2. When we say ‘we’, ‘us’ or ‘AppFerret’ it’s because that’s who we are and we own and run the Sites. If we say ‘policy’ we’re talking about this privacy policy. If we say ‘user terms’ we’re talking about the rules for using each of the Sites. Take the time to read this policy because it forms a part of the user terms for each of our Sites. By using any of our Sites, you agree to this policy. If you do not agree to this policy we won’t take it personally, but please do not use our Sites.

What type of personal information do we collect?

  1. We collect certain personal information about visitors and users of our Sites. The most common types of information we collect are things like: user names, member names, email addresses, other contact details, payment information such as payment agent details, transactional details, support queries, forum comments and web analytics data. We may also collect personal information from job applications and this information may be used to assess an applicant’s suitability for employment. Information or an opinion is your “personal information” if it is about you as an identified or identifiable individual.

How we collect personal information

  1. We may collect personal information directly when you provide it to us, automatically as you navigate through the Sites or through other people when you use services associated with the Sites.
  2. When you provide personal information to us via the Sites you’re consenting to us collecting and using that information in line with this policy and the user terms of each of the Sites. You are likely to provide personal information when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
  3. If you choose not to provide personal information, we may not be able to provide you with our services and you may not be able to carry out transactions or access the full range of features available through our Sites.

Personal information we collect about you from others

  1. Although we generally collect personal information directly from you, we may on occasion also collect information about you from other people (such as the payment provider account details required to process a transaction) and by using tracking technologies such as cookies, web beacons and other web analytics software or services.

How do we use personal information?

  1. We may use your personal information in order for us to:
    1. operate the Sites and provide you with services described on the Sites, like to verify your identity when you sign in to any of our Sites, to facilitate and process transactions that take place on the Sites, to respond to support tickets and to help facilitate the resolution of any disputes
    2. customise our services and websites, like advertising that may appear on the Sites, in order to provide a more personalised experience
    3. update you with operational news and information about our Sites and services like to notify you about changes to our Sites, website disruptions or security updates
    4. provide you with information that you request from us or, where we have your consent to do so, provide you with marketing information about products and services which we feel may interest you
    5. carry out technical analysis to determine how to improve the Sites and services we provide
    6. monitor activity on the Sites, like to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites
    7. manage our relationship with you, like by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey
    8. manage our legal and operational affairs
    9. train AppFerret staff about how to best serve our community
    10. provide general administrative and performance functions and activities.

When may we disclose your personal information?

  1. We may disclose personal information to people like:
    1. companies that are in the AppFerret group of companies
    2. subcontractors and service providers who assist us in connection with the ways we may use personal information (as set out above)
    3. our professional advisers (lawyers, accountants, financial advisers etc)
    4. regulators and government authorities in connection with our compliance procedures and obligations
    5. a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase
    6. other people where we are authorised or required by law to do so.
  2. We use a network of global subcontractors and service providers in order to ensure that we maintain the best possible service standards. Some of the subcontractors and service providers to whom we may disclose your personal information, like service providers who provide us with cloud storage solutions, are based outside Australia (in places like Europe, Asia and the US). In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.

How do we store your personal information?

  1. We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location. Personal information that we store is subject to security and access controls, including username and password authentication and data encryption where appropriate.

How can you access your personal information?

  1. You can access some of the information that we collect about you by logging in to your account. You also have the right to make a request to access other information we hold about you and to request corrections of any errors in that information. You may also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy champion using the contact details at the end of this policy.

Choices regarding control of your personal information

  1. Where we have your consent to do so (e.g if you have subscribed to one of our e-mail lists or have otherwise indicated that you are interested in receiving offers or information from us), we may send you marketing communications about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future.
  2. If your e-mail address has changed and you would like to continue to receive our e-mails, you will need to access your account and update your e-mail address information in your account and sign-up again for those e-mails that you want to receive.
  3. If we send e-mails with commercial content we will generally include an “unsubscribe” facility that you can use to opt-out of further communications – to opt-out, just follow the instructions in the e-mail. We might not include an opt-out facility in important operational and service-based e-mails concerning things like your purchases, the user terms, important updates and need-to-know messages. By using our Sites you agree that we do not need to include opt-out facilities in those messages.
  4. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.

Cookies (not the type you eat!) and web analytics

  1. Cookies are used to enhance your use of the Sites, such as remembering that you are logged in. You are able to minimise or block cookies using the privacy settings in your internet browser, but this may restrict your use of the Sites. For general information on cookies, see http://www.allaboutcookies.org.
  2. When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and may not reveal your true super-hero identity. The fancy term for this is ‘web analytics information’, and we only use this information for statistical and website development purposes and to improve our services to you. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
    1. your IP or proxy server IP
    2. basic domain information
    3. your Internet service provider is sometimes captured depending on the configuration of your ISP connection
    4. the date and time of your visit to the website
    5. the length of your session
    6. the pages which you have accessed
    7. the number of times you access our site within any month;
    8. the size of file you look at
    9. the website which referred you to our Sites
    10. the operating system which your computer uses.
  3. Occasionally, we may use third party advertising companies to serve ads based on prior visits to some Sites. These advertising companies use cookies to anonymously collect data. No personally identifiable information is collected by these cookies. The anonymous data they collect is kept separate from the personal information about you as a user. You can opt out of third party advertising cookies at any time by visiting this page:http://www.networkadvertising.org/managing/opt_out.asp.

Information about children

  1. Our Sites are not suitable for children under the age of 13 years, so if you are under 13 we ask that you do not use our Sites or give us your personal information (if you are a young tech wiz, please direct your nearest responsible adult to use the Sites for you!). If you are from 13 to 18 years, you can browse the Sites but will need the supervision of a parent or guardian to become a registered user. It is the responsibility of parents or guardians to monitor their children’s use of our Sites.

Information you make public or give to others

  1. If you make your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that information. There are lots of ways that you may find yourself providing information to other people, like when you post a public message on a forum thread, share information via social media, or make contact with another user via our Sites. Before making your information publicly available or giving your information to anyone else, think carefully. If giving information to another user via our Sites, ask them how they will handle your information. If you’re sharing information via another website, check the privacy policy for that site to understand its information management practices as this privacy policy will not apply.

When we need to update this policy

  1. We may need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices. When we do amend the policy, the changes will be effective straightaway. We’ll usually publish information about changes to be made to this policy on our Sites – but please be aware that it is your responsibility to check in and make sure you keep up to date with any changes to this policy.

How can you contact us?

  1. If you have any questions about our privacy practices, please contact our privacy champion in writing at PO Box 16122 Collins Street West Victoria 8007 Australia or privacy.champion@AppFerret.com.
  2. If you have any concerns about how we have been managing your personal information, or if you think we have not been complying with Australian privacy law, you can make a complaint in writing to our privacy champion. We will consider your complaint and contact you to resolve the matter. For more information about privacy issues in Australia and protecting your privacy, please visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
  3. We’re really glad you made it to the end of the privacy policy, because knowing this stuff is the best way to understand how your personal information is used and how to best manage it!

AppFerret Privacy Policy v2.0, effective date 1 May 2015

AppFerret API Service Terms & Conditions

Welcome to the AppFerret API Service

  1. Hi, we’re AppFerret, and welcome to the AppFerret Market Application Programming Interface (‘API’). If you’re looking to make an app or a website (‘application’) in connection with AppFerret Market, then you’ve come to the right place. We want to encourage everyone to get creative, and get involved in our online community.
  2. If you create an application, we’d love to hear about it! We can help you make your application accessible to other members by putting it up on the API site at build.AppFerret.com.
  3. When we say ‘we’, ‘us’ or ‘AppFerret’ it’s because that’s who we are and we own and run the sites. When we refer to the ‘sites’ we’re talking about the AppFerret Market platform at market.AppFerret.com, and all of the creative environments that we offer through that platform. When we say you, it includes any organisation you work for if you’re accessing the API in the course of your employment.
  4. We’d love to help you out with your application by giving you access to our API. We think it’s important that we’re all on friendly terms first though, so you’ll need to join us as an AppFerret member before we can get started (don’t worry, it’s free!). Head over here to read the AppFerret Market Terms and find out about being a member.
  5. This agreement explains the specific rules that apply to using the API (‘user terms’). Make sure to carefully read these user terms, together with the AppFerret Market Terms and our Privacy Policy, because by using the API you’re making a legal commitment to us to follow them, and any use of the API that doesn’t comply is unauthorised.

What’s ours (is not yours)

  1. Our talented developers have put together the API to make things easier for people like you to get creative. That means we own the API and any rights attached to it.
  2. Our user-generated material, like items, usernames, email addresses, product descriptions, avatars, and related images or information (‘information’), generally belongs to our members, or might belong to third parties, but they’ve given us the right to use it in certain circumstances – including letting you access and use it in accordance with our user terms.

Use of AppFerret Brand

  1. You can use the word ‘AppFerret’ in the product description, or in a descriptive subtitle to tell users what it does, e.g. “AuthorWorks – The AppFerret Market Author App”.
  2. You can’t however include the word ‘AppFerret’ in the application name itself. We don’t endorse your application (even if it’s really cool), so please don’t suggest we made it, or that it’s official in any way.
  3. All your applications need to acknowledge your use of the AppFerret API, and give us a shout-out by including the “Powered by AppFerret API” logo in the application.

Your rights and obligations

  1. Subject to your compliance with these user terms, we grant you a limited, non-sub-licensable, non-transferable, non-exclusive, revocable, license to use the API solely as necessary to create and run your applications (‘license’).

What you must do:

  1. You have to be an AppFerret member if you want to be a part of our community and, importantly, if you want to use the API. As long as you use the API, or any content or information accessed through it (and as long as your application is available for use), you need to be a member.
  2. All your applications must be registered with us and require the relevant key to access any part of the API (application key).
  3. If a member is required to log in to their AppFerret member account to use your application, you must direct them to the existing OAuth log-in page, as specified in our documentation. You must not require a member to log in through any other page or process.
  4. Always act in good faith in your use of the API, the content, and the information.

What you can’t do:

  1. Don’t use the API, the content, or the information in any manner or for any purpose that violates any law or regulation, or the rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights to personality.
  2. Don’t attempt to circumvent any security measures in relation to the API or the sites and don’t use the API in a manner that disrupts or otherwise negatively affects other people’s ability to use the sites or their member accounts.
  3. Don’t share your application key with anyone else, or use someone else’s key to access the API.
  4. Don’t cache or store any information or content other than for reasonable periods and in order to develop and provide your application. Don’t display item information or product information and/or related images which are more than six (6) hours older than they are on the sites. This could be misleading to users.
  5. Don’t make any modifications or amendments to our content. Don’t use our content in any way that could be construed as misleading or deceptive, or as an attempt to pass yourself off as us.
  6. Don’t use the API for a commercial purpose, except in compliance with our rules about commercial use, below.

Commercial use

  1. You may want to charge people a fee to use your application. It’s okay if you do, but there are a few things you need to keep in mind:
    1. All paid applications must be made available for purchase through CodeCanyon. This isn’t exclusive (you can also make it available through any other platform or store) will ensure that all of our members can access your application!
    2. You have to comply with any third party terms that apply if you sell your application through another platform.
    3. Make sure that you are complying with the terms of any third-party licence that might apply to other material (like code or graphics) you used to create the application, and check to see that you are allowed to sell a product using that material. You may need to pass along any rights or releases.

Privacy

  1. Some of the information that can be accessed through use of the API is publically available information, which you can generally get through the use of a personal token. Some of the information can only be accessed through the use of your own application key, and by requiring another member to log in to your application. In both cases, we expect you to handle that information with care and only in compliance with these user terms, and with the standards set-out in our Privacy Policy.
  2. When you are authenticated to access another member’s account, you may have access to personal information about that member. Don’t try to access, use, or disclose that information for any purpose other than one your application requires, and for which you have the member’s permission. Make sure that your application is secure and doesn’t provide anyone with the ability to access information that they shouldn’t.
  3. Don’t ask members for their passwords, names, or any personal information through correspondence or in your application. If you do collect that sort of information, you have to comply with all relevant laws about privacy and data handling, and any other applicable law, and you are solely responsible for the consequences.

Right to change, suspend, or terminate

  1. We might make changes to the API or the sites, or to our content, or how our content or the information is displayed or described, at any time. Those changes might interfere with the operation of your application but, unfortunately, that’s a risk you agree to accept if you use the API. We aren’t liable for any related loss, cost, or damage – see our liability & indemnity section below.
  2. Although we can change any of our user terms, or the terms of our license, at any time, we will take reasonable steps to let you know when we do so.
  3. We can suspend or terminate your membership at any time for any breach of these user terms or if we think you application adversely affects our reputation or the sites in any way. You can terminate your membership at any time. Suspension or termination of your membership for any reason will mean you can’t use the API or any content or information gained through the API any more, but the rest of the user terms will still apply. You must immediately disable your application.

Your indemnity to us

  1. You are liable and responsible for:
    1. Any applications you may create, develop, change or distribute;
    2. your use of the API, the content, and the information;
    3. your disclosure of any of the information;
    4. the services, message, content, information, software or other materials you provide through the application;
    5. your breach of any intellectual property rights belonging to others;
    6. your breach of these user terms; and
    7. your breach of any industry code, regulation, third party contract or terms of service, or law that may apply.
  2. We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters set out in this section and you agree to indemnify us, our directors, officers, employees and agents from all losses. This means that you protect us from costs and claims that happen because of your actions on the site.
  3. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
  4. You should carefully assess whether the API, the sites, the content, and the information are suitable for your needs. Everything provided by us through the AppFerret API is given on an ‘as is’ basis and without warranties, either express or implied.
  5. We strive to have the API available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access the AppFerret API, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how the API works. We will not be liable to you for any loss you suffer as a result of these things.
  1. We’re from Australia, and that’s where our AppFerret API Service is based. The laws of Victoria, Australia govern these user terms, and you submit to the jurisdiction of the courts here by using the API.

Definitions

Looking for the meaning of a word or phrase? Here are the words we’ve defined in these user terms and where you can find their meaning. If you can’t find the meaning of a particular term we use here, you might find it defined in the AppFerret Market Terms.

DefinitionClause
API3
application key11(b)
content6
information7
itemAppFerret Market Terms
memberAppFerret Market Terms
sites2
user terms4

Customer Agreement

Last updated October 30, 2016

This AppFerret Customer Agreement (this “Agreement“), as it may be modified from time to time, governs your use of the Services as defined below. It is an agreement between AppFerret, (“AppFerret,” “we,” “us,” or “our,”) and you or the entity you represent (“you“). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Services (the “Effective Date“). You represent to us that you are lawfully able to enter into this contract. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our Services through your account to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the Services. You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes without prior written consent from Us. Please see Section 16 for definitions of certain capitalized terms used in this Agreement.

  1. Use of the Services

    1. Generally. You may access and use the Services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Services, including the Acceptable Use Policy and any other policy governing your use of the Services as agreed between You and Us. You shall (i) be responsible for Your compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Your Data and any software code You enter or use through the Service and of the means by which You acquired Your Data or software code, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the any applicable laws and government regulations.
    2. Restrictions. You shall not (a) make the Services available to any third party other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (f) create derivative works based on the Services, (g) copy, frame or mirror any part or content of the Services (h) reverse engineer the Services, or (i) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services, or (j) attempt to gain unauthorized access to the Services or their related systems or networks.
    3. Third Party Content. Third Party Content, such as software applications provided by third parties, may be made available directly to you by Us or by other companies or individuals under separate terms and conditions, including separate fees and charges. You acknowledge that We may allow providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Services. We shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by Third-Party Application providers. Your use of any Third Party Content is at your sole risk.
    4. Usage Limitations. Services may be subject to limitations, such as, for example, the number of servers you may run, and the ability to send emails or install additional software on Your servers. In addition, You acknowledge and agree that We may monitor Your use of the Services and collect data regarding such use for, among other purposes, maintaining and improving the Service, assuring Your compliance with Our usage limitations and guidelines, and for ensuring that the Service is not being used for illegal purposes. To the extent that We discover or become aware that You are using the Services in contravention of this Agreement, or in any manner proscribed by applicable law, We reserve the right to deny You continued access to the Service and to terminate your account.
    5. Services Use. You may only use the Services to store, retrieve, query, serve, and execute Your Content that is owned, licensed or lawfully obtained by You.
    6. Software Downloads. In addition to our Services, we also provide Software for use with the Services, which we make available to you for use with Cloud Provider Accounts or with the Services. Subject to your compliance with the terms and conditions of this Agreement, we grant you a non-exclusive and non-transferable license to download and Execute the executable form of the Software on a computer or Cloud Provider Account which you are authorized to access and use, solely for your operation and use. You may make copies of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. We reserve all rights in the Software not expressly granted to you in this Agreement or by the licenses of any open source software components included within the Software. Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify the Software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the Software; or (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party. You acknowledge and agree that portions of the Software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of AppFerret and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition or by the licenses of any open source software components included within the Software. You may not download or use the Software or Services to build a competitive product or service to the Software or Services. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
  2. Changes.

    1. To the Services. We shall make the Services available to You pursuant to this Agreement. We may change, discontinue, or deprecate any or all of the Services or change or remove features or functionality of the Services. We will notify You of any material change to or discontinuation of the Services for which you are enrolled.
    2. Revisions to this Agreement. You agree that we may modify this Agreement or any policy or other terms referenced in this Agreement (collectively, “Additional Policies”) at any time by posting a revised version of the Agreement or such Additional Policy on Our Website accessible at: https://AppFerret.io. By continuing to use or receive the Services after the effective date of any revisions to this Agreement or any Additional Policies, You agree to be bound by the revised Agreement or any revised Additional Policies. It is Your responsibility to check Our Website regularly for changes to this Agreement or the Additional Policies, as applicable. We last modified this Agreement on the date set forth at the top of this Agreement.
  3. Security and Privacy.

    1. AppFerret Security. Without limiting Section 12 or your obligations under Section 4, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.
    2. Privacy. You consent to our collection, use and disclosure of information associated with the Services in accordance with our Privacy Policy.
  4. Your Responsibilities

    1. Your Content. You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for: (a) the technical operation of Your Content; (b) compliance of Your Content with this Agreement, the Acceptable Use Policy any other Policies and the law; (c) any claims relating to Your Content; and (d) properly handling and processing notices sent to you (or any of your affiliates) by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act. You are also responsible for maintaining licenses and adhering to the license terms for the software that You run on any AppFerret Service.
    2. Acceptable Use Policy. Illegal or Harmful Content and Activities. You may not use, or instruct, encourage or enable others to use, the Services or the AppFerret Site for any illegal, harmful or offensive use or to transmit, store, display, distribute or otherwise make available any content that is illegal, harmful or offensive. Prohibited activities and content include: any illegal activities, such as advertising or making available gambling sites or services or facilitating or disseminating child pornography; activities that may menace, harass or be harmful to others, including offering or disseminating fraudulent goods, services, schemes, or promotions or engaging in other deceptive practices; posting content that infringes or misappropriates the intellectual property or proprietary rights of others or that is false, defamatory, obscene, abusive, promotes bigotry, racism, hatred or harm, or is invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts; and posting content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots. Security Violations. You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include: accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System, monitoring of data or traffic on a System without permission and forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. Network Abuse. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques’ operating network services like open proxies; and using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions. Email Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam,” “junk mail,” or “chain letters”), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider. Reporting. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information.
    3. Other Security and Backup. You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security, protection and backup of Your Content, which may include the use of encryption technology to protect Your Content from unauthorized access and routine archiving Your Content. AppFerret login credentials are for your internal use only and you may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
    4. End User Violations. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for End Users’ use of Your Content and the Services. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by an End User, you will immediately terminate such End User’s access to Your Content and the Services.
    5. Your Content. You will provide information or other materials related to Your Content as reasonably requested by us to verify your compliance with the Agreement. We may monitor the external interfaces (e.g., ports) of Your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring, but you may use encryption technology or firewalls to help keep Your Content confidential. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to Your Content or any end user materials that you control.
    6. Content Removal. If we reasonably believe any of Your Content violates the law, infringes or misappropriates the rights of any third party or otherwise violates a material term of the Agreement (“Prohibited Content”), we will notify you of the Prohibited Content and may request that such content be removed from the Services or access to it be disabled. If you do not remove or disable access to the Prohibited Content within 2 business days of our notice, we may remove or disable access to the Prohibited Content or suspend the Services in accordance with the terms set forth in this Agreement. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Services, pursuant to the Digital Millennium Copyright Act or as required to comply with law or any judicial, regulatory or other governmental order or request. In the event that we remove content without prior notice, we will provide prompt notice to you unless prohibited by law.
  5. Cloud Service Providers

    1. Cloud Provider Accounts. Some of Our Services enable you to run and manage applications on third party cloud computing platforms provided by one or more Cloud Providers. Our Services are offered separate from, and irrespective of, the Cloud Provider(s) accounts which you establish (“Cloud Provider Accounts”). You are responsible for selecting and paying for any fees charged by Cloud Providers for Your Cloud Provider Accounts. The specific Services offered by Us pursuant to this Agreement are not offered unless and until You have established Your own Cloud Provider Account with one or more Cloud Providers.
    2. Terms of Use. You agree to comply with any and all terms of use under which you are granted access to the services provided by Cloud Providers that you use in connection with Our Services. You represent and warrant that you have the right to use any of the Cloud Provider Accounts you use in connection with Our Service and that your use of Our Service in connection with the Cloud Provider Account is in compliance with the terms and conditions under which the Cloud Provider grants you the rights to use its service.
  6. Fees and Payment

    1. Service Fees. We calculate and bill fees and charges monthly. For some of our Services, we may bill you in advance. We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of the Services as described on the AppFerret Site using one of the payment methods we support. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on the AppFerret Site unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice. We may charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.
    2. Credits. If You downgrade Your plan mid-cycle, a credit for the difference between your actual usage and the amount you were charged in the last billing cycle will be applied to Your account. This credit will expire after one year.
    3. Overdue Charges. If any payments for amounts due are not received from You by the due date (except charges then under reasonable and good faith dispute), then at Our discretion, (a) such amounts due may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in Section 6.1.
    4. Charges 30 or More Days Overdue. If any amounts due by You under this or any other agreement for Services is 30 or more days overdue (except charges then under reasonable and good faith dispute), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Services until such amounts are paid in full.
    5. Taxes. Unless otherwise stated, Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, ” Taxes”). You are responsible for paying all Taxes associated with Your purchases hereunder. If We have the legal obligation to pay or collect Taxes for which You are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by You, unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.
    6. Special Pricing. From time to time, we may offer free or discounted pricing covering certain usage of the Services (“Special Pricing”). We may discontinue or stop accepting new sign-ups for Special Pricing at any time. Standard charges will apply after a Special Pricing offer ends or if you exceed the limitations specified for the Special Pricing. You must comply with any additional terms, restrictions, or limitations for the Special Pricing offer as described in the offer terms or on the pricing page for the eligible Service(s). You may not access or use the Services in a way intended to avoid any additional terms, restrictions, or limitations (e.g., such as establishing multiple accounts in an attempt to claim additional Special Pricing benefits) and we may immediately terminate your account if you do so.
  7. Temporary Suspension

    1. Generally. We may suspend your or any End User’s right to access or use any portion or all of the Services immediately upon notice to you if we determine: (a) your or an End User’s use of or registration for the Services (i) poses a security risk to the Services or any third party, (ii) may adversely impact the Services or the systems or Content of any other AppFerret customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) may be fraudulent; (b) you are, or any End User is, in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days; or (c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
    2. Effect of Suspension. If we suspend your right to access or use any portion or all of the Services: (a) you remain responsible for all fees and charges you have incurred through the date of suspension; (b) you remain responsible for any applicable fees and charges for any Services to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension; and (c) we will not erase any of Your Content as a result of your suspension, except as specified elsewhere in this Agreement. Our right to suspend your or any End User’s right to access or use the Services is in addition to our right to terminate this Agreement pursuant to Section 8.2.
  8. Term; Termination

    1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 8.2.
    2. Termination.
      1. (a) Termination for Convenience. You may terminate this Agreement for any reason by (i) providing us notice and (ii) closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you 30 days advance notice.
      2. Termination for Cause. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you or any End User results in a suspension described in Section 7.1, (B) if our relationship with a third party partner who provides software or other technology we use to provide the Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, (C) if we believe providing the Services could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine use of the Services by you or any End Users or our provision of any of the Services to you or any End Users has become impractical or unfeasible for any legal or regulatory reason.
    3. Effect of Termination. Upon any termination of this Agreement: (i) all your rights under this Agreement immediately terminate; (ii) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination; (iii) you will immediately return or, if instructed by us, destroy all AppFerret Content in your possession; and (iv) all terms of this Agreement that contain continuing obligations shall survive its expiration or termination.
  9. CONFIDENTIALITY

    1. Definition of Confidential Information. As used herein, ” Confidential Information. ” means all confidential information disclosed by a party (” Disclosing Party “) to the other party (” Receiving Party “), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
    2. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
    3. Protection of Your Data. We shall not (a) modify Your Data, (b) disclose Your Data except as compelled by law in accordance with Section 9.4 (Compelled Disclosure) or as expressly permitted in writing by You, or (c) access Your Data except to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters.
    4. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
  10. Proprietary Rights

    1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, We reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. Some AppFerret Content may be provided to you under a separate license, such as the Apache Software License or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to that AppFerret Content.
    2. Your Content. As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 10, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Services to you and any End Users. We may disclose Your Content to provide the Services to you or any End Users or to comply with any request of a governmental or regulatory body (including subpoenas or court orders).
    3. Your Submissions. We shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the Services any of Your Submissions, including those submitted by Users.
    4. Adequate Rights. You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions; (b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions or End Users’ use of Your Content, Your Submissions or the Services will violate the Acceptable Use Policy.
    5. License Restrictions. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services you have used.
    6. Federal Government End Use Provisions. We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with Us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
  11. Indemnification.

    1. General. You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Services (including any activities under your AppFerret account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
    2. Process. We will promptly notify you of any claim subject to Section 11.1, but our failure to promptly notify you will only affect your obligations under Section 11.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.
  12. Disclaimers.

    THE SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICES OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

  13. Limitations of Liability.

    1. Limitations of Liability. WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA.
    2. Maximum Liability. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE CLAIM.
    3. Survival of Limitations. YOU AGREE THAT the LIMITATIONS OF LIABILITY and the MAXIMUM AGGREGATE LIABILITY specified IN this Section 13 will survive ANY EXPRIATION OR TERMINATION OF THIS AGREEMENT and be enforceable and apply even if any REMAINING remedy OTHERWISE AVAILABLE is found to have failed of its essential purpose.
  14. Miscellaneous.

    1. General. You are contracting with AppFerret, a California company. All notices required or permitted under this Agreement which are to be delivered to Us should be addressed to the address indicated on Our website at the time of delivery of the notice. Our current address is:
       

      AppFerret, P.O. Box 5855, Garden Grove, Ca. 92846

    2. Manner of Giving Notice. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and delivered via courier, expedited delivery service, postal mail or email. Notices will be deemed communicated upon receipt, provided that receipt of any such notice is verified through commercially reasonable means. Notices to You shall be addressed to the system administrator designated by You for Your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by You. In addition to giving notice via the foregoing methods, both parties agree that either party may give notice to the other by operation of the Services or the applications offered by Us through the Services. As an example, if Our application provides a user with an opportunity to cancel or terminate their account through operation of a “cancellation” or “termination” button or similar feature or functionality within the application or Service then clicking through such a button or similar feature or function shall constitute “notice’ as that term is intended in this Agreement.
    3. Agreement to Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of California, USA, excluding conflict of laws provisions, excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods, and excluding any potentially applicable provisions of the Uniform Computer Information Transactions Act, to the extent it is, or has been, adopted in a governing jurisdiction. Any disputes arising out of this Agreement shall be resolved in San Francisco County, California in accordance with the rules of the American Arbitration Association.
    4. Waiver of Jury Trial. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
  15. GENERAL PROVISIONS

    1. Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) You shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction.
    2. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
    3. No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
    4. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
    5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
    6. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety, without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of this Agreement upon written notice to the assigning party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
    7. Entire Agreement. This Agreement, including all exhibits and addenda hereto and all registration data, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in Your purchase order or other order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
  16. Definitions.

    • “Acceptable Use Policy” means the policy outlined in Section 4.2
    • “API” means an application program interface.
    • “AppFerret Content” means Content we or any of its affiliates make available in connection with the Services or on the AppFerret Site to allow access to and use of the Services, including Documentation; sample code; software libraries; command line tools; and other related technology. AppFerret Content does not include the Services.
    • “AppFerret Marks” means any trademarks, service marks, service or trade names, logos, and other designations of AppFerret and its affiliates that we may make available to you in connection with this Agreement.
    • “AppFerret Site” means https://AppFerret.io and any successor or related site designated by us.
    • “Content” means software (including machine images), data, text, audio, video, images or other content.
    • “Cloud Provider” means a provider of cloud computing services.
    • “Data” means all electronic data or information submitted by You to the Services, including but not limited to any access keys required to access Cloud Provider services.
    • “Documentation” means the developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the Services located at http://kb.AppFerret.io, as such documentation may be updated by us from time to time.
    • “End User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Services under Your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own AppFerret account, rather than Your account.
    • “Execute” means to load, install, and run the Software in order to benefit from its functionality as designed by us.
    • “Policies” means the Site Terms, all restrictions described in the AppFerret Content and on the AppFerret Site, and any other policy or terms referenced in or incorporated into this Agreement. Policies do not include whitepapers or other marketing materials referenced on the AppFerret Site.
    • “Privacy Policy” means the privacy policy currently referenced at https://AppFerret.org/policies, as it may be updated by Us from time to time.
    • “Service” means each of the web services made available by Us or our affiliates.
    • “Services” means the Services (including associated APIs), the AppFerret Content, the AppFerret Marks, the AppFerret Site, and any other product or service provided by us under this Agreement. Services do not include Third Party Content.
    • “Site Terms” means the terms of use located at https://AppFerret.org/polices as they may be updated by us from time to time.
    • “Software” means the AppFerret Launchpads, installers, or virtual machine downloads, such as AMI (Amazon Cloud Templates), VHDs (Azure machine images), or other cloud images or virtual machine images, including cloud images that can be launched outside of the Services on Cloud Provider Accounts.
    • “Term” means the term of this Agreement described in Section 8.1.
    • “Third Party Content” means Content made available to you by any third party on the AppFerret Site or in conjunction with the Services.
    • “Your Content” means Content you or any End User (a) run on the Services, (b) cause to interface with the Services, or (c) upload to the Services under your account or otherwise transfer, process, use or store in connection with your account.
    • “Your Submissions” means Content that you post or otherwise submit to developer forums, public data repositories, or similar community-focused areas of the AppFerret Site or the Services or that you transmit to us via email, phone or other communications mechanisms.

 

Support & Refund Policy

Support for software products is provided by the author of the software product only, and not by AppFerret. The degree to which a specific software product is supported is listed within the product detail description page and varies between products and authors. AppFerret requires an author to provide the following minimum support for all items sold on the AppFerret marketplace; vendors must be available to:

  • Answer technical questions about features and functionality
  • Help with third party assets sold with the item (eg. bundled plugins)
  • Assist in fixing issues.

Vendors are not required to install or customize your items or assist with hosting or third party software.  Some vendors optionally provide advanced (or extra) support for a fee, but there is no obligation for a vendor to provide additional support beyond the list above. At a minimum, all items (supported and unsupported) must work as described, be protected against major security concerns, and have version upgrades (at the author’s discretion). AppFerret products are provided “as is” without warranty of any kind from AppFerret, either expressed or implied. In no event shall AppFerret be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages, or other losses arising out of the usage of or the inability to use our products. Since AppFerret is offering non-tangible, irrevocable goods we do not issue refunds after the product is shipped/downloaded, which you are responsible for understanding upon purchasing. Please make sure that you’ve carefully read all relevant documentation, viewed the product demo(s), made sure the product added to your shopping cart is the product you need, and asked any questions about the product before purchasing. We will only make exceptions with the return policy when/if the product appears to be not-as-described, on a case by case basis, and in agreement with the parties concerned. The maximum amount of time for any refund claim is within 3 days after the purchase date (excluding holidays and weekends). Please allow up to 24 hours for a claim response. Any disputes regarding refunds that do not specifically describe or list the issue(s) with our products (the not-as-described items) will be considered baseless and without merit. If your reason for a refund is similar to saying “this theme (product) has many bugs,” or “it does not work as described,” or any similar reply without exact references to the reason, then you must be prepared to list or provide your actual findings. Since our software is a non-tangible, software product, you must also provide proof of defects in writing by creating a support ticket with AppFerret or the author of the product purchased, listing your claims in detail. We will also require a live installation of the product (unaltered and not modified) in question on a Drupal, WordPress, or CMS-compatible hosting provider to minimize fraudulent claims and for us to view the product in question. For a refund request involving any AppFerret author product, we will need verification that the author has been contacted by the customer to solve any proposed or reasonable issues with the product in which you are requesting a refund. A reasonable issue is outlined by the terms of this agreement. Generally, AppFerret will need 24 hours from the time that you contact AppFerret regarding the author product you purchased so that AppFerret can contact the author of the product on your behalf. Once the author responds to AppFerret and communicates the details of the issue(s), AppFerret will then determine the validity for the proposed refund. If you are unsure about any of our products, please ask for a demo of the product you’re interested in and we’ll set up admin access for you for that product (when possible and applicable) before you decide to purchase. AppFerret does not provide refunds for customers who do not know how to use the product they purchased, or for customers who do not understand the content management system (CMS) or technology that provides the functionality for the product purchased, i.e. Drupal’s CMS for example. AppFerret will not provide a refund for installation services where installations are set up and completed by the AppFerret team. Installation services require manual time apart from any item sold on AppFerret and services like installations and any custom develop time or hours will not be refunded after the service has been performed or completed. If AppFerret runs a sale or promotion, we may opt to credit a buyer of the product if they contact AppFerret within 72 hours after purchasing the product at the regular price. We will not credit, or reimburse an order, for the difference for any length of time greater than 72 hours from the original purchase date.

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