1. Acceptance of These Terms
By downloading, installing or using any AppsBrains application, by browsing our website, or by engaging us for development services, you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Services.
If you accept these Terms on behalf of a company or other organisation, you represent that you have authority to bind that entity, and “you” refers to that entity.
You must be at least 13 years old (16 in the EEA/UK) to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms.
2. Definitions
- “Services” — the AppsBrains website, mobile applications, and any related support, content or development services.
- “Apps” — mobile applications published by AppsBrains on the Apple App Store or Google Play.
- “Content” — text, images, audio, video, code and other material made available through the Services.
- “User Content” — Content you create, upload or submit through the Services.
- “Account” — a registered profile enabling access to certain features.
3. Licence to Use the Apps
Subject to these Terms, AppsBrains grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Apps on devices you own or control, for your own lawful personal or internal business purposes.
This is a licence, not a sale. AppsBrains and its licensors retain all right, title and interest in the Apps. Additional software-specific licence terms are set out in our End User Licence Agreement, which is incorporated into these Terms.
4. Accounts
- You must provide accurate, current and complete information when registering.
- You are responsible for safeguarding your credentials and for all activity under your Account.
- Notify us immediately at apps@appsbrains.co of any unauthorised access.
- One person or entity per Account; do not share, sell or transfer Accounts.
- You may delete your Account at any time via the Delete Account & Data page or in-app settings.
5. Acceptable Use
You agree not to, and not to permit anyone else to:
- Use the Services for any unlawful, fraudulent, defamatory, harassing or abusive purpose;
- Upload or transmit malware, or otherwise interfere with the integrity or performance of the Services;
- Attempt to gain unauthorised access to any account, system or network;
- Reverse engineer, decompile or disassemble any part of the Apps, except to the extent this restriction is prohibited by applicable law;
- Scrape, crawl or harvest data from the Services by automated means without our written permission;
- Remove, obscure or alter any proprietary notice;
- Resell, sublicense or commercially exploit the Services without a written agreement with us;
- Impersonate any person or misrepresent your affiliation with any person or entity;
- Upload content that infringes intellectual property rights, or that is sexually exploitative, hateful, or promotes violence or self-harm;
- Circumvent any usage limit, rate limit, or access control.
We may investigate suspected violations and may suspend or terminate access, remove content, and report unlawful activity to the authorities.
6. User Content
You retain ownership of your User Content. By submitting it, you grant AppsBrains a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and display that content solely to the extent necessary to operate and provide the Services to you. This licence ends when you delete the content or your Account, except for copies retained in routine backups until they are purged.
You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. We may remove User Content that breaches these Terms, but we are not obliged to monitor it.
7. Purchases, Subscriptions and Free Trials
Some Apps offer paid features, in-app purchases or auto-renewing subscriptions. Prices are shown in your local currency before you confirm and are inclusive of applicable taxes where required.
- Billing — purchases are processed by Apple or Google, not by AppsBrains, and are charged to your App Store or Google Play account.
- Auto-renewal — subscriptions renew automatically at the end of each period unless cancelled at least 24 hours before the period ends.
- Cancellation — manage or cancel in your Apple ID or Google Play subscription settings. Uninstalling the App does not cancel a subscription.
- Free trials — unless cancelled before the trial ends, the subscription converts to a paid plan at the stated rate.
- Price changes — we will give at least 30 days’ notice of a price increase; you may cancel before it takes effect.
- Refunds — governed by our Refund & Cancellation Policy and by Apple’s and Google’s own refund rules.
8. Development Services
Where AppsBrains provides custom app development, design or consulting, the scope, deliverables, timeline, fees and intellectual property ownership are governed by a separate written statement of work or master services agreement. In the event of a conflict, that signed agreement prevails over these Terms for the services it covers.
Quotes and estimates provided through our website contact form are non-binding indications only and do not constitute an offer capable of acceptance.
9. Intellectual Property
The Services, including all software, design, text, graphics, logos and the “AppsBrains” name and marks, are owned by AppsBrains or its licensors and are protected by copyright, trademark and other laws. Except for the limited licence in section 3, no rights are granted to you.
Feedback. If you send us suggestions or ideas about the Services, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation or compensation.
Copyright complaints. If you believe content on the Services infringes your copyright, send a notice with the details required by the DMCA to apps@appsbrains.co. We will respond appropriately, including removing content and terminating repeat infringers.
10. Third-Party Services and Links
The Services may integrate with or link to third-party products, sites and services. We do not control them, do not endorse them, and are not responsible for their content, terms or privacy practices. Your use of a third-party service is governed by that party’s terms.
11. Availability and Changes
We aim for reliable service but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue any part of the Services at any time. Where we discontinue an App or a material feature, we will give reasonable advance notice and, where you have prepaid for a period that will not be delivered, a pro-rata refund.
12. Suspension and Termination
You may stop using the Services at any time and delete your Account. We may suspend or terminate your access immediately if you materially breach these Terms, if required by law, or to protect the Services or other users. On termination, the licence in section 3 ends and you must stop using and delete the Apps. Sections that by their nature should survive (including 6, 9, 13, 14, 15 and 16) survive termination.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms limits any non-waivable statutory consumer rights you have under local law.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPSBRAINS AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.
15. Indemnification
You agree to indemnify and hold harmless AppsBrains and its personnel from any claims, damages, liabilities and reasonable legal fees arising from your User Content, your use of the Services, or your breach of these Terms or of applicable law.
16. Governing Law and Disputes
These Terms are governed by the laws of England and Wales, without regard to conflict-of-laws rules. The courts of England and Wales have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.
Consumers. If you are a consumer resident in the EEA, the UK or another jurisdiction whose law grants you the right to bring proceedings in your place of residence and to the protection of your local mandatory consumer law, nothing here deprives you of those rights.
Informal resolution first. Before starting formal proceedings, please contact apps@appsbrains.co; most disputes can be resolved quickly and informally.
17. App Store and Google Play Terms
Apple App Store
- These Terms are between you and AppsBrains only, not with Apple. Apple is not responsible for the Apps or their content.
- Apple has no obligation to provide maintenance or support for the Apps.
- If an App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation.
- Apple is not responsible for addressing any claims relating to the Apps, including product liability, legal or regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for the investigation, defence, settlement or discharge of any third-party intellectual property infringement claim relating to the Apps.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google Play
Your use of Apps obtained through Google Play is additionally subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Apps.
18. General
- Entire agreement — these Terms, together with the Privacy Policy, EULA and Refund Policy, form the entire agreement between us regarding the Services.
- Severability — if any provision is held unenforceable, the rest remains in effect.
- No waiver — failure to enforce a provision is not a waiver of it.
- Assignment — you may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets.
- Force majeure — neither party is liable for delays caused by events beyond its reasonable control.
- Changes — we may update these Terms; material changes take effect 14 days after we post them or notify you, and continued use constitutes acceptance.