DEVELOPER TERMS

Last updated: June 19, 2020
As a SaaS Developer using the SaaS Maker Platform, You agree to the following terms and conditions. If You disagree with any part of these Terms and Conditions then You may not access the SaaS Maker Platform. By accepting these terms, you also agree with the Privacy Policy.

Definitions

Intellectual Property relating to SaaS Maker Platform

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. SAAS MAKER, INC. also owns any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to SaaS Maker. This Agreement is a subscription service, not a sale, and does not convey to you any rights of ownership in or related to SaaS Maker, SaaS Maker, Inc., or 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.

Intellectual Property relating to SaaS Applications

If any new intellectual property is created by the SaaS Developer in the form of SaaS Apps or Gizmos (modeules), then SaaS Developer is free to make claim to such intellectual property as long as the relevant apps or modules in no way infringe on the rights of others, and as long as those apps or modules do not compete with any preexisting SaaS Maker, Inc. offerings. The right to claim does not include any APPS or GISMOS that were created under accounts that are not registered in your name. To further clarify - SaaS Maker, Inc. retains all rights, title and interest in and to all Intellectual Property relating to SaaS Maker Platform as described in the previous paragraph.

Payment Processing

SaaS Maker, Inc. will process paid subscriptions by the customers of the SaaS App (subscribers) once per month. SaaS Maker, Inc. will process corresponding payments to SaaS Developers within 30 days after end of each month in which the accumulative amount is at least $100, or annually, whichever occurs first. The resulting payment will be sent to You (SaaS Developer) by check, PayPal or other industry-acceptable means in the amount of the subscription price paid by the subscriber, minus applicable SaaS Maker Platform Fees.

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 exists 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 sell using the SaaS Maker Platform.

Acknowledgement

You agree not to disassemble, decrypt, reverse compile or reverse engineer any part of the SaaS Maker Platform. You agree not to remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Platform Provider or its affiliates, partners, suppliers, licensors, or licensees.
You represent that you are over the age of 18. Platform Provider does not permit those under 18 to use the SaaS Maker Platform.

Subscription period

The SaaS Maker Platform or some parts of the SaaS Maker Platform may be available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, 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 Platform Provider cancels it.

Subscription cancellations

You may cancel Your Subscription renewal through Your Account settings page. 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 Maker Platform until the end of Your current Subscription period.

Billing

If billing information is required, then you shall provide the Platform Provider 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.

Fee Changes

Platform Provider, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
Platform Provider will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the SaaS Maker Platform after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

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

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 Platform Provider 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. Platform Provider 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.

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.

Content

Your Right to Post 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. Examples of such objectionable Content include, but are not limited to, the following:
Platform Provider reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Platform Provider can also limit or revoke the use of the SaaS Maker Platform if You post such objectionable Content. As Platform Provider cannot control all content posted by users and/or third parties on the SaaS Maker Platform, you agree to use the SaaS Maker Platform at your own risk. You understand that by using the SaaS Maker Platform You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Platform Provider be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

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

Intellectual Property and Copyright Policy

The SaaS Maker Platform, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Platform Provider. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Platform Provider.

Updates to the SaaS Maker Platform

Platform Provider 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.

Limitation of Liability

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

"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, Platform Provider, 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, Platform Provider 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 Platform Provider 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 Platform Provider 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.

Governing 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.

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 Platform Provider.

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 effect 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

We reserve 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, please stop using the website and the SaaS Maker Platform.

Contact Us

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