Mobile App Warranty

Terms & Conditions of Subscription

Updated August 22, 2015

Mobile App Warranty Retainer Agreement

This is a mobile application maintenance, updating and optimization Retainer Agreement between Mobile App Warranty (“we,” “us,” “our”) and any individual, entity, or organization that procures our “Mobile App Warranty” services (“you” or “your”). If you have any questions about the terms and conditions set forth herein, please send an email to info@mobileappwarranty.com.

Acceptance of Terms: Any work that we do for you is governed by the terms and conditions that you’re reading now. Acceptance of these Terms and Conditions is accepted upon first payment for services to be rendered by Mobile App Warranty. This agreement is a binding contract between you and us.

Terms May Change: As our company grows, our terms and conditions may change, including services provided, fees, etc. Any changes to our terms that affects current customers will be notified accordingly. Any new customers starting services after the date of the latest Terms will accept and abide by those new Terms and Conditions.

Payment: When you sign up for service, you will be charged in advance for your month's worth of service. The charge is recurring and subsequently will be charged every month thereafter until canceled. We require a 30 day written cancellation notice to terminate our services. Our merchant provider will conduct all future charges. It is your responsibility to alert us to any changes in billing before your monthly fee is processed. Failure to keep a valid credit card on file with us will result in immediate termination of services and no further maintenance will be provided until billing details have been updated.

Taxes: You are responsible for any and all use or service taxes with this service.

Confidentiality.

  • (a) Confidential Information. “Confidential Information” refers to: (i) any document you mark “confidential”; (ii) any information you orally designate as “confidential”; and (iii) any of your software (including both source code and object code), code design, database design, user interface design, other technical specification, patent application, product development plan, business strategy, or customer list.  Notwithstanding the foregoing, Confidential Information does not include information that: (A) is in our possession at the time of original disclosure by you; (B) is independently developed by us without use of or reference to information provided by you; (C) becomes known publicly, before or after disclosure, other than as a result of my improper action or inaction; or (D) is approved in writing for release by you.
  • (b) Nondisclosure.  We will not use Confidential Information for any purpose other than to facilitate the services.  Except as specifically authorized in writing in advance by you, we will not disclose Confidential Information to any other third party, and will prevent any such disclosure of Confidential Information in Contractor’s possession or control.  However, we may disclose Confidential Information as required by applicable law or by proper legal or governmental authority; provided we give you advanced notice reasonably sufficient to allow you to seek a protective order or otherwise to contest such required disclosure, and reasonably cooperates in such effort.  We will promptly notify you in writing of any misuse or misappropriation of Confidential Information that comes to my attention and will cooperate with you in investigating any such misappropriation and in mitigating any damages caused.
  • (c) Return.  Upon termination of this Agreement or upon you written request, we will return all Confidential Information to you and certify, in writing, the destruction of any copies thereof.

Refund: You’re welcome to a full refund of your previous month's payment to us if you’re unsatisfied with our service. To take advantage of this refund, you need to terminate our services and ask us in writing for a refund within thirty days of previous month's payment.

No refund is available after that time period.

Termination. Either party may terminate this Agreement upon giving the other party 30 days’ prior written notice of request to terminate services. You may also terminate this agreement without prior notice if we refuse to, or are unable to, perform the Services or we are in breach of any material provision of this Agreement.

Services:

  • A/B Testing: As part of our services, in some plans, we’ll be implementing small changes to your app and examining your users’ response to those changes. You acknowledge that those changes might have a negative impact on how users interact with Your app, including impacts on sales, leads, conversions,ratings, etc. You further acknowledge that any other changes made to your app (whether by you or us) during the course of any A/B Testing may make the collected data, and thus conclusions drawn from it, inaccurate. You agree that Left Coast R&D isn’t and won’t be liable for any losses or liabilities arising from A/B testing done on your app. In all cases, we will seek approval for any such small changes from you, to provide you with the opportunity to assess the potential impact or risk that the changes may have on your app, before making such changes.
  • User Observation: As part of our services, in some plans, we’ll be adding code that will observe where and how your customers are interaction with your app. Based on these qualitative observations we will recommend changes to your app. You acknowledge these changes might have a negative impact on how users interact with your app, including impacts on sales, leads, conversions,ratings, etc. You further acknowledge that you will add the required legal disclaimers to your app's terms of service if you choose to include user observation in your app. You agree that Left Coast R&D isn’t and won’t be liable for any losses or liabilities arising from user observation done on your app. In all cases, we will seek approval for any such small changes from you, to provide you with the opportunity to assess the potential impact or risk that the changes may have on your app, before making such changes.
  • Integrated Testing and Crash Prevention: As part of our services, in some plans, we’ll be providing you with a automated testing script for your app to prevent crashes. Depending on your plan, we will go in do our best to fix your code to prevent the crashes we observe during testing, and publish a new app version that attempts to fix such crashes. You agree and understand that our fixes may have a negative impact on your app, e.g. it could cause further crashes or other unintended consequences that in turn may negatively impact sales, leads, conversions, ratings, etc, of your app. You agree that Left Coast R&D isn’t and won’t be liable for any losses or liabilities arising from code changes done to your app. In all cases, we will seek approval for any such small changes from you, to provide you with the opportunity to assess the potential impact or risk that the changes may have on your app, before making such changes.
  • Crash Detection & Mitigation: As part of our services, in some plans, we will add an SDK/library to your app that detects and reports on crashes your app is experiencing. Depending on your plan, we will then go in do our best to fix your code, and publish a new app version that attempts to fix this crash. You agree and understand that our fixes may have a negative impact on your app, e.g. it could cause further crashes or other unintended consequences that in turn may negatively impact sales, leads, conversions, ratings, etc, of your app. You agree that Left Coast R&D isn’t and won’t be liable for any losses or liabilities arising from code changes done to your app. In all cases, we will seek approval for any such small changes from you, to provide you with the opportunity to assess the potential impact or risk that the changes may have on your app, before making such changes.
  • Code Access & Changes: As part of our services, in some plans, we need access to the existing source code of your app. Depending on your plan, we need to add a number of libraries and SDKs, as well as (for services such as crash mitigation) make potentially substantial changes to your code. You agree to give us this access (ideally via a github repository). You agree to provide us with any information that we need to accomplish our services. We will not share or otherwise disclose your code to anyone outside of the company at any time. You further agree that changes that we make to your app's source code could have a negative impact on your app, e.g. it could cause further crashes or other unintended consequences that in turn may negatively impact sales, leads, conversions, ratings, etc, of your app. You agree that Left Coast R&D isn’t and won’t be liable for any losses or liabilities arising from code changes done to your app.
  • iTunes Access: As part of our services, in some plans, we need access to your Apple iTunes account. If your plan includes services where we need this access, you agree to provide us appropriate access to this account, and to allow us to a) make changes to the public facing part of your App's description, keywords, categories and/or screenshots, as well as b) allow us to publish new versions of your app and release these on your behalf. An appropriate alternative to this is to give us access (free of charge) to someone in  your organization with the ability to make changes as directed by us.
  • Third Party Access to iTunes Data: As part of our services, in some plans, we'll be providing your iTunes account credentials to third party services, and allow those third party services to import sales and other data from your iTunes account.  You agree that Left Coast R&D is allowed to do this with any third party provider at our sole discretion, and that Left Coast R&D isn’t and won’t be liable for any losses or liabilities arising from those third party services loosing or misusing the information obtained about your app. In all cases, we will seek your approval for any such disclosure of data, to provide you with the opportunity to assess the potential impact or risk of such disclosure, before making such disclosure.

Code Ownership: Any changes to your app that we make for you are owned by you forever. Such changes will take the form of Objective-C code. Except to the extent that we use code that we’ve developed for use with other clients, we assign all right, title, and interest, in such changes to you. To the extent that any of the code we’ve previously developed is incorporated into the changes we make on your app, we grant you a non-exclusive license to use that code as we’ve incorporated it into your app (but we grant no other rights). Note that nothing in this paragraph grants you any rights to our own website, apps or the content on such.

Limitation on Liability: OUR LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO THE SERVICES THAT WE PROVIDE, ANY CODE THAT WE INSTALL ON YOUR SITE, ANY REPORTS THAT WE PROVIDE, OR ANY OTHER MATERIALS PROVIDED AS PART OF OUR SERVICES, IS LIMITED TO CORRECTION OF THE SERVICES OR MATERIALS. IF CORRECTION IS NOT POSSIBLE OR IMPRACTICAL, THEN OUR LIABILITY IS LIMITED TO A REFUND OF ANY FEES PAID TO LEFT COAST R&D DESIGN BY YOU UNDER THIS AGREEMENT. THIS LIABILITY LIMIT APPLIES TO ANY LEGAL THEORY OF DAMAGES, INCLUDING NEGLIGENCE, CONTRACT, WARRANTY, OR OTHERWISE AS MAY BE APPLICABLE. WE WON’T BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification: You agree to indemnify, defend, and hold Left Coast R&D, its owners, directors, officers, employees, contractors, agents, and affiliates harmless against any third-party claims of copyright, trademark, trade secret, or other intellectual property infringement brought against Left Coast R&D for using any of the materials that you provide to us to perform services for You or otherwise resulting from any breach by You of this agreement. In other words, if someone sues us for working with material that you’ve provided to us, you agree to pay our legal fees and any losses or liabilities that we might suffer as a result.

Publicity: Referrals are how we're able to get work in the future, and we love showing off any major victories.

You grant us the right to mention the following on our website, and in our marketing and advertising collateral: your company’s name; the work that we did for you, described generally; and the relative impact that our work had on your business (e.g., X% increase in sales allowed company Y to hire new employees). You also grant us the right to link to your website and app.

The rights granted to us are non-exclusive and irrevocable. We additionally retain the right to acknowledge our authorship of work done for you in an advertising and marketing context. Changes to these rights should be agreed upon in writing before you make your first payment.

Independent Contractor: Mobile App Warranty is an independent contractor to you/your organization. By entering this contract, nothing signifies or intends to create a joint venture or partnership, or become one of your employees. Neither of us are granted any rights to control the other or to enter into agreements on the other’s behalf.

Not Exclusive: We provide services to a number of clients. You recognize and agree that we may provide services to a number of individuals and organizations, including potential competitors, and are in no way obligated to provide services exclusively to you.

Representations and Warranties: We represent and warrant that, to the best of our knowledge, our services will not infringe on the intellectual property rights of any third party. You represent and warrant that any materials you provide us will similarly not infringe on any third party’s intellectual property rights. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, WE, LEFT COAST R&D, MAKE NO WARRANTIES WHATSOEVER. WE EXPLICITLY DISCLAIM ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT. EXCEPT AS MAY BE EXPRESSLY PROVIDED, OUR SERVICES AND ANY MATERIALS DELIVERED TO YOU ARE PROVIDED “AS IS.”

Assignment: In general, you don’t have the right to assign this agreement to any other individual or business organization. However, you may assign this agreement to an heir or an organization that acquires all or most of your stock, assets, or business. This agreement will bind your heirs, assigns, executors and administrators.

Waiver: If one of us chooses not to act on a breach of this agreement, that choice won’t waive our right to enforce the agreement based on a different breach.

Severability: If any provision of this agreement isn’t enforceable, the rest of this agreement remains valid and enforceable.

No Third Parties: This contract is only intended to benefit you, the client, and Mobile App Warranty, not any third party.

Force Majeure: We won’t be in breach of this agreement if fire, earthquake, illness, death, act of God, labor dispute, or other event beyond our control prevents us from providing services in a timely fashion. We’ll notify you about the situation and work with you to establish a timeline for completing our services, if possible.

Governing Law/Forum Selection: Texas law governs this contract. We both agree to resolve any disputes exclusively in the state or federal courts located in Austin, Texas and not anywhere else. You submit to the personal jurisdiction and venue of those courts.

Headings: Headings for each paragraph are provided for convenience only. They won’t be given legal effect in interpreting or limiting the scope of the agreement.

Entire Agreement: This is our entire Agreement. It supersedes all other discussions, understandings, and negotiations between us, if any.

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