The FarmAppetit Subscription Plans Agreement has been updated on May 1, 2013. By accessing and using the FarmAppetit technology in accordance with any Subscription Plan following such update, you indicate that you have read and agree to the updated terms and conditions of the FarmAppetit Subscription Plans Agreement.
Please read carefully the terms and conditions of this FarmAppetit Subscription Plans Agreement (“Agreement”).
This is a legal agreement between FarmAppetit (“FarmAppetit”, “us” or “we”) and you. By purchasing any products or services in accordance with this Agreement and/or by using such products or services, you signify that you have read, understand and agree to be bound by the Agreement in effect at the time of purchase.
BY CLICKING THE “GET STARTED” (OR SIMILAR LANGUAGE PROVIDED BY FARMAPPETIT) BUTTON, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. YOU ALSO AGREE TO THE USE OF: (A) ELECTRONIC MEANS TO COMPLETE THIS AGREEMENT AND TO PROVIDE YOU WITH ANY NOTICES GIVEN PURSUANT TO THIS AGREEMENT; AND (B) ELECTRONIC RECORDS TO STORE INFORMATION RELATED TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE AND/OR DISTRIBUTE A MOBILE APPLICATION CREATED IN ACCORDANCE WITH THE SUBSCRIPTION AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THE TERMS AND CONDITIONS HEREIN. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS. FARMAPPETIT RECOMMENDS THAT YOU PRINT OUT OR SAVE A LOCAL COPY OF THE AGREEMENT FOR YOUR RECORDS.
1. Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. FarmAppetit cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)
2. Cancellation and Termination
You are solely responsible for properly canceling your account. Account cancellation requests must be submitted in writing to email@example.com. Cancellations by phone or sent to any other email address will not be considered valid.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. So it is up to you to make copies of any content, images, or text that are in your app, prior to cancelling with us.
If you cancel the Service before the end of your current billing cycle, your cancellation will take effect immediately and you will not be charged again.
FarmAppetit, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. In the event of non-payment for your annual fee due to declined or expired credit card, while we will make every effort to contact you for alternative payment arrangements, it is your responsibility to ensure we always have a valid card on file. In the event we are unable to obtain this from you, your App is subject to cancellation and removal from the APP stores once it becomes 30 days past due.
3. Modifications to the Service and Prices
FarmAppetit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
FarmAppetit shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Any price change will have 30 day notice to you in advance of the new price taking affect.
From time to time, FarmAppetit may issue an update to the App platform which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although FarmAppetit will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
4. Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the FarmAppetit platform to create your mobile application, you agree to allow others to view and share your Content.
The look and feel of the Service is copyrighted to FarmAppetit . All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from FarmAppetit.
5. General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Technical support is available via email at firstname.lastname@example.org.
You authorize FarmAppetit to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.
You understand that FarmAppetit uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other FarmAppetit service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FarmAppetit.
We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any FarmAppetit customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMS, or “spam” messages in accordance with current United States Anti-SPAM laws.
You expressly understand and agree that FarmAppetit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if FarmAppetit has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of FarmAppetit to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FarmAppetit and govern your use of the Service, superseding any prior agreements between you and FarmAppetit (including, but not limited to, any prior versions of the Terms of Service).
Design fees for the Select Plan are priced at $750.00 individually per platform. Design fees for the Pro Plan are $1750.00 for all four platforms including iPhone, iPad, Android and Mobile Website. Work will not commence until a contract is signed and 50% deposit is due upon start of design and development. A final 50% balance due billing will be invoiced upon design completion PRIOR to publishing into the app stores.
Hosting Subscription Fees
Select Plan requires a $29.95 monthly hosting fee and Pro Plan requires a $39.95 monthly hosting fee. Hosting fees are billed annually to reduce transaction costs. This fee applies whether your app and or website is live in either or, or both, the Apple and Android App stores. The Hosting Fee is billed in arrears, so your first billing will be 30 days after your app goes live in the App Store (either i-Tunes or Android, or both).
Maintenance fee covers all items below:
- App Store Hosting
- Functionality in all Standard Features
- Push Notifications
- Portal Access to Manage App Updates
- Software Updates and Upgrades
- Tech Support & Training
- Server Costs
1. Payments for a Hosting Subscription will be processed by a third party appointed by FarmAppetit for such purpose (“Payment Processor”), and which may be changed from time to time, at FarmAppetit’s sole discretion. For clarity, all payments and payment related issues shall be handled exclusively by the Payment Processor.
2. Hosting subscriptions require a credit card issued by one of the major credit card companies or any other payment method to the extent offered.
3. Upon the publishing of the mobile app/s and or mobile website, you acknowledge and agree that recurring billing will be automatically charged by the Payment Processor, on an on-going annual basis. Notwithstanding the foregoing, transactions made over the weekend may be charged on the first following business day.
4. All payments are made in your local currency or United States Dollars.
5. Your mobile app and/or mobile website will not be LIVE until the Payment Processor has verified that your credit card or any other payment method you have provided (to the extent applicable) for payment, is accurate and valid. Once you have initiated payment, the Payment Processor will inform you whether the payment has been successfully processed or if it failed. If payment verification has failed, you will be asked to provide an alternative credit card or payment method (to the extent applicable).
6. Payments are nonrefundable. If you are dissatisfied with your products and/or services for any reason, and choose to cancel your hosting subscription, you will receive a refund based on unused time during the annual billing cycle (minus registration fee, Payment Processors’ fees and overage charges or other fees, all to the extent applicable) in accordance with the Payment Processor terms.
7. All fees hereunder are exclusive of all taxes, levies, or duties imposed by the taxing authorities, and you acknowledge and agree that you will bear and be responsible for all applicable taxes, duties and other governmental charges imposed on you with respect to this Agreement.
8. If you have a question about charges made to your Account, please contact us immediately at: support@FarmAppetit.com. If charges were made in error, we will immediately provide you with a refund for the appropriate amount to your credit card account.
7. Representations and Warranties
You represent and warrant that: (a) you have all requisite power and authority to execute this Agreement and that this Agreement is a valid and binding agreement by you; (b) any and all activities you undertake in connection with this Agreement shall be performed in compliance with all applicable laws, rules and regulations; and (c) you shall not, nor shall you allow any person or entity to engage in any Fraudulent Activities.
a. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations and understanding with respect to the subject matter hereof, whether oral or written.
b. You may not assign its rights and/or delegate its obligations under this Agreement without FarmAppetit’s prior written consent. This Agreement shall be binding on and inure to the benefit of each of the parties and their respective successors and assignees. This Agreement is not made for the benefit of any third party who is not a party hereto, and only the parties hereto or their respective successors and permitted assigns will acquire or have any benefit, right, remedy or claim under or by reason of this Agreement.
c. This Agreement will be governed and construed under the laws of the State of New York, excluding its conflict of law rules and principles, and applicable federal U.S. laws shall govern this Agreement. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
d. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, acts of God, war, governmental action, or any other cause that is beyond the reasonable control of such party.
e. If any provision of this Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of this Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties hereto and has like economic effect.
f. The failure to require performance of any provision of this Agreement shall not affect a party’s right to require performance at any time thereafter; nor shall waiver of a breach of any provision constitute a waiver of the provision itself.
g. The parties hereto are and shall remain independent contractors, and nothing herein shall be deemed to create any agency, partnership or joint-venture relationship between the parties. Neither party shall be deemed to be an employee or legal representative of the other, nor shall either party have any right or authority to create any obligation on behalf of the other party.
h. All notices required or permitted under this Agreement shall be in English and in writing and shall be delivered (a) to FarmAppetit – by facsimile, e-mail or other electronic means to email@example.com or at such other address as FarmAppetit shall have furnished to you in writing or that is available on the FarmAppetit website.