DEVELOPER TERMS

Last updated: July 3, 2023
As a SaaS Developer using the SaaS Maker Platform, You agree to the following terms and conditions and Privacy Policy. If You disagree with any part of these Terms and Conditions then You may not access the SaaS Maker Developer Console.

Definitions

Your Representations and Warranties

By agreeing to these Developer Terms, you agree and represent that:

Ownership

SAAS MAKER, INC
The SaaS Maker Platform along with its Software Developer Kit ("SDK"), Application Programming interfaces ("APIs"), Developer tools, scripts, documents etc. are owned exclusively by SAAS MAKER, INC. This includes, without limitation, all software, collateral materials, related intellectual property, copyrights, trade secrets, patents, and other proprietary rights. Your agreement to a subscription with SAAS MAKER, INC conveys only the right to use the SaaS Maker Platform and SaaS Maker Tools. It does not convey any ownership of the platform SDK, APIs or tools.

SAAS OWNERSHIP
The SaaS Owner (primary SaaS Developer associated with any SaaS Apps that you create) owns the specific SaaS Apps you create on the SaaS Maker Platform, as well as any trademarks, copyrights, and other intellectual property you already own, create within, or created outside the SaaS Maker Platform and use in your SaaS app, so long as such claim(s) do not infringe on the rights of others.

As the SaaS Owner, you have rights to your subscription revenues minus applicable fees which are noted in the SaaS App Subscriptions and Payments Section.

In other words, SAAS MAKER, INC owns all the Developer Tool, Platform, and know-how used to create your app. You own the SaaS App that was created with those tools and know-how.

SaaS App Subscriptions and Payments

Your SaaS App(s) are made available to paid subscribers at a subscription price that is set by you. By publishing your SaaS App, you permit SAAS MAKER, INC to receive 20% of total subscription revenues subject to $1 per user/month minimum fee.


SAAS MAKER, INC will process corresponding payments for Active Developer Accounts within 30 days after the end of each calendar quarter in which the cumulative amount is at least $100, or annually, whichever occurs first. Upon processing, SAAS MAKER, INC send to the SaaS Owner an amount equal to the subscription price paid by the subscriber, minus SaaS Maker fees. The payment will be sent to the SaaS Owner by check, PayPal or other industry-acceptable means. In some cases, You may have a separate written and signed agreement with SAAS MAKER, INC altering the percentage of subscription that is allocated to SAAS MAKER, INC for platform and hosting. In such cases, those agreements supersede this one.

Relationship of SaaS Developer and SaaS Maker, Inc.

The relationship between You (SaaS Developer) and SAAS MAKER, INC (Platform Provider) is vendee-vendor. No formal business relationship or partnership is implied between the two parties. 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.

Feedback and Suggestions

SAAS MAKER, INC invites feedback and suggestions to improve our service to you and our customers. SAAS MAKER, INC 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.

Developer Subscription period

The SaaS Maker Developer Tools may only be available with a nominal paid subscription as a method to validate active accounts. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. Successful payments will label the developer account as an Active Developer Account.


At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it. SAAS MAKER, INC reserves the right to cancel your Subscription for any reason.


You may cancel Your Subscription renewal any time through Your Account settings. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the SaaS App until the end of Your current Subscription period.

App Abandonment

If You abandon your App, or SAAS MAKER, INC is unable to pay you your share of SaaS App subscription profits due to your Developer Account being inactive (Inactive Developer account) SAAS MAKER, INC reserves rights to retain all revenue made from the App until Your account becomes active again (Active Developer Account). Note, once a Developer Account becomes inactive, and apps associated with that App may continue to be hosted as long as the SaaS App has active subscribers.

Developer Billing

You shall provide SAAS MAKER, INC with accurate and complete billing 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 having your account become an Inactive Developer Account, or termination for non-payment.

GENERAL TERMS:

User Accounts

When You create an account with Us, You must provide Us 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.

Acknowledgement

You agree not to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SAAS MAKER, INC or its affiliates, partners, suppliers, licensors, or licensees.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by SAAS MAKER, INC on a case-by-case basis and granted at the sole discretion of SAAS MAKER, INC.

Content

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 Us the rights and license as provided in these Terms, 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 MAKER, INC reserves the right, in its sole discretion, to determine whether or not any Content is appropriate and complies with these Terms. If SAAS MAKER, INC deems any Content as inappropriate, SAAS MAKER, INC may refuse or remove this Content. SAAS MAKER, INC can also limit or revoke the use of the SaaS Maker Platform if You post such objectionable Content.

Third-Party Developer and Services

The SaaS Maker Platform may provide access to or make use of Third-party services. You acknowledge and agree that SAAS MAKER, INC is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any Third-party Services. SAAS MAKER, INC does not assume liability or responsibility to You or any other person or entity for any Third-party 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.

Content Backups

Although regular backups of Content are performed, SAAS MAKER, INC 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 MAKER, INC has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
SAAS MAKER, INC recommends that You maintain a complete and accurate copy of any Content in a location independent of the SaaS Maker Platform.

Updates to the SaaS Maker Platform

SAAS MAKER, INC 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.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the SaaS Maker Platform will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the SaaS Maker Platform. Or contact SAAS MAKER, INC directly and request your account be terminated.

Limitation of Liability

SAAS MAKER, INC does not make any warranties concerning the SaaS Maker Platform. Notwithstanding any damages that You might incur, the entire liability of SAAS MAKER, INC 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 MAKER, INC 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 MAKER, INC 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.

Force Majeure

SAAS MAKER, INC is not liable, or responsible for any damages You, your company, or your App Users incur due to, SAAS MAKER, INC 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 MAKER, INC; (h) electrical failure, telecommunication failure, computer failure; and (i) any other similar events beyond the reasonable control of SAAS MAKER, INC.

"AS IS" and "AS AVAILABLE" Disclaimer

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 MAKER, INC, 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 MAKER, INC 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 MAKER, INC 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 MAKER, INC 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.

Governing 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.

Dispute Resolution

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 MAKER, INC.

For European Union (EU) Users

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.

United States Federal Government End Use Provisions

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.

United States Legal Compliance

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.

Severability

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.

Waiver

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.

Changes to These Terms and Conditions

SAAS MAKER, INC 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.

Contact Us

If You have any questions about these Developer Terms, You may contact us by way of contact information available on our website: website:  Contact Us