Last updated: December 31, 2024
As a user of the SaaS Maker Platform, YOU agree to the following terms and conditions,as
well as our
Privacy Policy.Your agreement is required to access our services. Within
the following terms, YOU are described as SAAS DEVELOPER.Some SAAS DEVELOPERS may
also be a SAAS OWNER.
By agreeing to these Developer Terms, YOU agree and represent that:
SaaS App Ownership
The SAAS OWNER owns the specific SaaS Apps that are associated with YOUR account.
The SAAS OWNER may have special account privileges. The SAAS OWNER may copyright
content, design, and code of your applications, provided they are original works.
Additionally, the SAAS OWNER has special rights to subscription revenues from SaaS
Apps minus applicable Fees and Revenue Shares as noted in the following section.
To clarify by example, a software developer who creates applications for the Windows
platform owns those applications and is granted a license to use (not ownership
of) Windows.
YOUR SaaS App(s) are made available to SaaS subscribers at a subscription price that is set by YOU.
The subscription revenues will be assessed and shared between parties as follows:
Net Revenue Split "Net Revenues" will be split between the SAAS OWNER and SAAS FACTORY at a percentage as decided in a separate ‘Venture Agreement’ between both parties. Net Revenues are defined as subscription revenues that remain after O&M costs
O&M Costs:SAAS FACTORY assesses $5 user/month of gross for O&M, such as for hosting, operational personnel, third-party services, and platform engineering costs.
Payouts Revenue payouts are automated within the platform, unless otherwise agreed.
As the SAAS DEVELOPER, YOU are wholly responsible for all custom aspects of the SaaS Apps that YOU develop, publish, or sell using the SaaS Maker Platform. YOU are also responsible for inquiries by YOUR customers relating to the SaaS Apps that YOU develop, publish, or market using the SaaS Maker Platform. No formal business partnership is implied between the two parties.
SAAS FACTORY invites feedback and suggestions to improve our service to YOU and our customers. SAAS FACTORY reserves the right to incorporate without compensation any suggestions, ideas, enhancement requests, or recommendations (feedback) or other such information provided by YOU relating to improving the SaaS Maker Platform.
SAAS DEVELOPERs are assessed a $1 nominal monthly fee as a way to validate SAAS DEVELOPER Accounts, and as a simple way to identify “abandoned” SaaS Apps and Developer Accounts. At the end of each period, YOUR Subscription will automatically renew under the exact same conditions unless YOU cancel it. YOU may cancel YOUR Subscription renewal any time through YOUR Account settings. SAAS FACTORY reserves the right to cancel YOUR Subscription for any reason.
YOU shall provide SAAS FACTORY with accurate and complete account information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur due to issues with YOUR billing method, then YOU must correct the billing information within a reasonable timeframe to avoid YOUR account becoming inactive.
Unpaid Developer Accounts are considered “inactive.” After 30 days, inactive Developer Accounts are considered “abandoned”. If YOU are a SAAS OWNER who abandons YOUR Developer Account, then SAAS FACTORY reserves rights to disable hosting of your SaaS App and retain revenues made from the SaaS App during the time that your Developer Account has been inactive
When YOU create an account with Us, YOU must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of YOUR account on the SaaS Maker Platform. YOU are responsible for safeguarding the password that YOU use to access the SaaS Maker Platform and for any activities or actions under YOUR password, whether YOUR password is with Our Service or a Third-Party Social Media Service. YOU may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than YOU without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
YOU agree not to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SAAS FACTORY or its affiliates, partners, suppliers, licensors, or licensees.
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by SAAS FACTORY on a case-by-case basis and granted at the sole discretion of SAAS FACTORY.
Our Service allows YOU to post Content. YOU are responsible for the Content that
YOU post to the SaaS Maker Platform, including its legality, reliability, and appropriateness.
YOU represent and warrant that: (i) the Content is YOURs (YOU own it) or YOU have
the right to use it and grant SAAS FACTORY the rights as needed to host YOUR content,
and (ii) the posting of YOUR Content on or through the SaaS Maker Platform does
not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person.
YOU may not transmit any Content that is unlawful, offensive, upsetting, intended
to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
SAAS FACTORY reserves the right, in its sole discretion, to determine whether or
not any Content is appropriate and complies with these Terms. If SAAS FACTORY deems
any Content as inappropriate, SAAS FACTORY may refuse or remove this Content. SAAS
FACTORY can also limit or revoke the use of the SaaS Maker Platform if YOU post
such objectionable Content. .
The SaaS Maker Platform may provide access to or make use of Third-party services. YOU acknowledge and agree that SAAS FACTORY is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third-party Services. SAAS FACTORY does not assume liability or responsibility to YOU or any other person or entity for any Thirdparty Services
YOU shall comply with applicable third parties' terms of agreement when using the SaaS Maker Platform. Third-party Services and links thereto are provided solely as a convenience to YOU, and YOU access and use them entirely at YOUR own risk and subject to such third parties' terms and conditions.
Although regular backups of Content are performed, SAAS FACTORY does not guarantee
there will be no loss or corruption of data. Corrupt or invalid backup points may
be caused by, without limitation, Content that is corrupted prior to being backed
up or that changes during the time a backup is performed. YOU acknowledge that SAAS
FACTORY has no liability related to the integrity of Content or the failure to successfully
restore Content to a usable state.
SAAS FACTORY recommends that YOU maintain a complete and accurate copy of any Content
in a location independent of the SaaS Maker Platform.
SAAS FACTORY may provide enhancements or improvements to the features/functionality of the SaaS Maker Platform, which may include patches, bug fixes, updates, upgrades and other modifications. Any updates or other modifications will be (i) deemed to constitute an integral part of the SaaS Maker Platform, and (ii) subject to the terms and conditions of this Agreement..
If YOU breach these Terms and Conditions, SAAS FACTORY may terminate or suspend YOUR Account immediately. Upon termination, YOUR right to use the SaaS Maker Platform will cease immediately. If YOU wish to terminate YOUR Account, YOU may simply cancel your subscription, choose to not pay your subscription, or contact SAAS FACTORY directly and request YOUR account be terminated.
SAAS FACTORY does not make any warranties concerning the SaaS Maker Platform. Notwithstanding any damages that YOU might incur, the entire liability of SAAS FACTORY and any of its suppliers under any provision of this Terms and YOUR exclusive remedy for all of the foregoing is be limited to the amount actually paid by YOU through the SaaS Maker Platform.
YOU agree, that to the maximum extent permitted by applicable law, neither SAAS FACTORY or its suppliers will be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the SaaS Maker Platform, third-party software and/or third-party hardware used with the SaaS Maker Platform, or otherwise in connection with any provision of this Terms), even if SAAS FACTORY or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
SAAS FACTORY is not liable, or responsible for any damages YOU, YOUR company, or YOUR App Users incur due to, SAAS FACTORY having breached this agreement due to (a) acts of God; (b) flood, fire, earthquake, tornado, hurricane, or any other natural disaster; (c) war, insurgency, invasion, terrorist attack, riot, or other civil or governmental unrest; (d) governmental or law enforcement order; (e) actions, embargoes, blockades, protests, strikes, labor stoppages or shutdowns; (f) epidemic, pandemic, infection, or any other global health risk; (g) solar flare, electromagnetic pulse, DDoS attack or other electronic disabling forces out of control of SAAS FACTORY; (h) electrical failure, telecommunication failure, computer failure; and (i) any other similar events beyond the reasonable control of SAAS FACTORY.
The SaaS Maker Platform is provided to YOU "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, SAAS FACTORY, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the SaaS Maker Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, SAAS FACTORY provides no warranty or undertaking, and makes no representation of any kind that the SaaS Maker Platform will meet YOUR requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither SAAS FACTORY nor its suppliers makes any
representation or warranty of any kind, express or implied: (i) as to the operation
or availability of the SaaS Maker Platform, or the information, content, and materials
or products included thereon; (ii) that the SaaS Maker Platform will be uninterrupted
or error-free; (iii) as to the accuracy, reliability, or currency of any information
or content provided through the SaaS Maker Platform; or (iv) that the SaaS Maker
Platform, its servers, the content, or e-mails sent from or on behalf of SAAS FACTORY
are free of viruses, scripts, trojan horses, worms, malware, timebombs or other
harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to YOU. But in such a case the exclusions
and limitations set forth in this section will be applied to the greatest extent
enforceable under applicable law.
The laws of the State of West Virginia, excluding its conflicts of law rules, govern this Terms and YOUR use of the SaaS Maker Platform. Where West Virginia laws do not apply U.S. Federal laws apply.YOUR use of the SaaS Maker Platform may also be subject to other local, state, national, or international laws.
If YOU have any concern or dispute about the SaaS Maker Platform, YOU agree to first try to resolve the dispute informally by contacting SAAS FACTORY. Unresolved disputes shall be resolved by binding arbitration to be conducted in the state of West Virginia.
If YOU are a European Union consumer, YOU will benefit from any mandatory provisions of the law of the country in which YOU are resident in.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
YOU represent and warrant that (i) YOU are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) YOU are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect..
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
SAAS FACTORY reserves the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, YOU agree to be bound by the revised terms. If YOU do not agree to the new terms, in whole or in part, access to the SaaS Maker Platform will not be permitted..
If YOU have any questions about these Developer Terms, YOU may contact SAAS FACTORY by way of contact information available on our website: website: Contact Us