Last updated: December 19, 2022
SAAS MAKER, INC. retains all rights, title, and ownership interest in the SaaS Maker Platform, including without limitation all software, collateral materials, related intellectual property, copyrights, know-how, trade secrets, patents and other proprietary rights, and all proprietary, trademark or copyright markings thereon throughout the world. This Agreement is a subscription service, not a sale, and does not convey to SaaS Developer any rights of ownership in or related to the SaaS Maker Platform nor the Intellectual Property Rights owned by SAAS MAKER, INC. The SAAS MAKER, INC. name, the SAAS MAKER, INC. logo, and the product names associated with the service are trademarks of SAAS MAKER, INC. or third parties, and no right or license is granted to use them.
The term "SaaS Owner" refers to the primary SaaS Developer (subscription account holder) who is associated with a given SaaS App. The SaaS Owner is determined as the SaaS Developer who originally created the SaaS App, until such time that the SaaS Owner may optionally transfer "ownership" to another SaaS Developer.
The term "SaaS Owner, own or your" in this context does not imply nor grant any other privileges except for as explicitly described within this section. By example, the SaaS Owner does not have any ownership of installation media nor ownership of protected customer data.
Any SaaS Owner seeking additional rights or ownership may contact SAAS MAKER, INC. about optionally acquiring a SaaS Maker Platform appliance, which may be hosted by the SaaS Owner.
Your SaaS App(s) are made available to paid subscribers at a monthly fee that is set by you. SAAS MAKER, INC. will process the subscriptions quarterly, and send to the SaaS Owner an amount equal to the subscription price paid by the subscriber, minus applicable SaaS Maker platform and hosting fees. SAAS MAKER, INC. will process corresponding payments within 30 days after end of each calendar quarter in which the accumulative amount is at least $100, or annually, whichever occurs first. The payment will be sent to the SaaS Owner by check, PayPal or other industry-acceptable means.
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.
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 SaaS Maker.
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.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or SaaS Maker, Inc. cancels it.
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.
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 termination for non-payment.
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.
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. You represent that You are over the age of 18. SaaS Maker, Inc. does not permit those under 18 to use the SaaS Maker Platform.
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.
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, and 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.
The SaaS Maker Platform may provide access to or make use of Third-party services. You acknowledge and agree that SaaS Maker, Inc. shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SaaS Maker, Inc. does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must 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 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.
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.
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.
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 shall be limited to the amount actually paid by You through the SaaS Maker Platform or $100 USD if You haven't purchased anything through the SaaS Maker Platform.
To the maximum extent permitted by applicable law, in no event shall SaaS Maker, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (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.
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 shall be applied to the greatest extent enforceable under applicable law.
The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the SaaS Maker Platform. 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 Maker, Inc..
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 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.
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