TERMS AND CONDITIONS

  1. Preliminary:
  2. Appbazooka is created and maintained by S&M Mobile solutions, a registered partnership firm in Kerala. This website aims at helping aspiring app-holders to bring their vision to reality by creating applications to be downloaded from the Google /apple playstore or the company app store for usage of the general public. Company hereby grants to the Client, during the subsistence of this Agreement, a restricted, non-fee bearing, non-transferable right and license to use the Software as per the terms set out herein.

    These terms and conditions are binding upon Appbazooka and its users, including site visitors. By virtue of usage of this website, you agree to the terms and conditions set out herewith. These terms and conditions are not static and will change to incorporate new provisions and safeguards as deemed necessary by Appbazooka and your continued usage of the website post updating of terms and conditions will be deemed as acceptance of the modifications as stated.

  3. Modus Operandi:
  4. Appbazooka will customize application for business customers, however the basic features (to be mutually agreed upon) will continue. Once the proposal has been agreed upon, you will send us a confirmation email asserting your willingness to engage us in developing the app for you. Appbazooka will then ask you to register on our platform and once the registration is done we will build the app and launch it on the concerned playstore. Once the app is live on the playstore the dashboard is activated for you with the required username and password to use.

    The login credentials for the dashboard need to be safeguarded by you as the same will secure the privacy of your usage of the dashboard.

    Appbazooka also provides a hoard of services, independent of the usage of the dashboard. Some of these are outlined below: -

    1. Using of Live streaming servers
    2. Using of extra servers for delivering audio streaming
    3. Usage of third party api
    4. Using Live streaming links provided by you and also other api provided by you to be implemented in the app (Appbazooka will not be responsible for the content delivered or accessibility from these servers or api as well as it does not guarantee the functioning of these servers or api)

  5. Usage of Website:
  6. Content displayed on the website is for viewing and the same must not be republished, rented, duplicated, copied, edited or otherwise replicated in any manner without the explicit consent of Appbazooka for the same.

    Replicating the business model as outlined on the website or the CRM and pricing modalities will also be presumed to be misuse of the website content.

    You must not use this website in a way that causes any damage or upload content that is damaging or malicious. Usage of this website in any other way that intended by the propagators of this website is strictly prohibited. Appbazooka reserves the right to initiate action on misuse of this website in any way.

    Usage or membership of the website is available for individuals above the age of 18 years and for users below 18 years, adult supervision is required.

  7. Intellectual property rights:
  8. The company owns all the intellectual property rights to and into this website, including but not limited to copyrights, patents, utility models, hyperlinks, urls, texts, graphics, icons, goodwill, trademarks and the like. Any incident to otherwise, where explicitly mentioned or display of intellectual property of a third party will be excluded from the purview of this condition.

    You must not use, reproduce or distribute any part or whole of the website content protected herein above without the prior permission of the company.

  9. Third Party Uploads:
  10. Appbazooka allows clients to upload details and content on the website to facilitate making of the app. Such content is displayed in good faith that it has not been sourced illegitimately. Appbazooka does not assume any responsibility for the content so uploaded as it is a mere facilitator and not propagator of such information.

    The Appbazooka website may contain links to third party websites that are not owned or controlled by Appbazooka and the latter assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Appbazooka will not and cannot censor or edit the content of any third party site.

  11. App Store/Play Store Guidelines:
  12. You acknowledge that policies regarding use/download of Apps on the aforesaid market platforms may vary from time to time and agree that the Company shall not be liable for any reason whatsoever for changes in such policies. If you are unable to access the Software or avail the Services due to such reasons, then you may request the Company to take reasonable measures so as to maintain continuity of Services and accessibility to the Software. Further, you hereby expressly agree and acknowledge that in no event shall the Company be liable for deletion, permanent or otherwise of the App from the App Store and/or Play Store, as the case may be, for any reason not directly attributable to the Company

  13. Cyber Security:

  14. Appbazooka will take utmost care to ensure security of the website. That being said, it does not assume responsibility of data loss due to third party unwarranted interception which all data is potentially susceptible to.

    Company will issue instructions from time to time to the users to ensure security of the website. You need to abide by these instructions at all times. Appbazooka retains the right to action in case of a breach to the above is noticed and can also cancel your registration to that effect.

  15. Precautionary measures:

  16. To ensure website security, the company may:

    1. Get the user to re-authenticate himself/herself from time to time
    2. Terminate browser session due to inactivity for prolonged periods between browser and website.
    3. Generate unique log on codes to be sent on the user’s email or mobile number for authentication.

  17. Prohibitions:

  18. Appbazooka prohibits cyber stalking; illegitimate download of content; posting of any content that is racist, promotes bigotry, hatred or physical harm against any group or individual. Pornography is prohibited.

  19. Termination:

  20. The Company may at any time, with or without notice, terminate this Agreement if: -

    1. You breach any of the terms and conditions outlined herewith.
    2. Company is required to do so by law
    3. You have defaulted on the Payment of consideration as agreed upon, for more than 45 (Forty-Five) days from the date when it was actually due

  21. Pricing:

  22. Services provided at Appbazooka are charged based on the requirement of the App owner and such pricing is arrived at on case by case basis. Appbazooka prohibits disclosure of such pricing information between clients and does not assume any responsibility to provide explanation for disparity in pricing between clients. The technical nuances will be attended to on specific case basis and are not to be assumed to be in the purview of these terms and conditions.

  23. Indemnity:

  24. By agreeing to these terms and conditions you indemnify Appbazooka from loss or damage arising from the following: -

    1. usage or inability to use the services1. usage or inability to use the services
    2. unauthorized access to or transmission of your data
    3. any other matter in relation to the services
    4. for any information, software, products, services and related graphics obtained through the Website
    5. responsibility arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise
    6. non-availability of the App on Google and Apple app stores
    7. non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond the Website's control

  25. Severability

  26. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, then the said provision will not affect the enforceability of the other provisions of this website disclaimer

  27. Limitations of liability

  28. Appbazooka will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website (to the extent that the website is provided free-of-charge), for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Appbazooka has been expressly advised of the potential loss.

  29. Entire agreement

  30. These terms and conditions constitute the entire agreement between you and Appbazooka in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

  31. Law and jurisdiction

  32. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Trivandrum, Kerala, India

  33. Disclaimer:

  34. APPBAZOOKA PROVIDES SOFTWARE ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES AND INDEMNITIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY ARISING FROM THE USE OF THE SAID SOFTWARE. THIS IS APPLICABLE TO ALL SOFTWARE WHETHER THIRD PARTY OR OTHERWISE.