1. ACCEPTANCE OF TERMS
Welcome to Buzztouch's mobile application content management system ("CMS", the "Service"
or the "System" or the "software"). Your use of the Service is subject to these Terms of Service ("TOS").
The operators of this site (buzztouch.com) reserve the right to update and change the
TOS from time to time without notice or acceptance by you. The TOS will also be applicable to
the use of the Service on a trial basis. By using the Service, you signify your irrevocable
acceptance of this TOS.
2. DESCRIPTION OF SERVICE
The Service is web-based and allows users that register for an account on the Service
(an "Account Holder") to organize information, content, and data, into mobile application
source code packages. Account Holders download source code packages from online control panels
provided by the service. After a source code package is downloaded it is compiled by the Account Holder
into a mobile application suitable for installation on a mobile device.
The compiling process is performed by the Account Holder using third party tools. The Service
does not compile source code into mobile software for Account Holders.
stated otherwise, any new features that augment or enhance the current Service, including
the release of new Buzztouch tools and resources, shall be subject to the TOS. In order to use the
Service, you must obtain access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access. In addition,
you must provide all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device. You also understand and agree that
the service may include certain communications from Buzztouch, such as service announcements,
administrative messages or Buzztouch related news, and that these communications are
considered part of Buzztouch Service and you will be able to opt out of receiving them.
You agree not to access the Service by any means other than through the interfaces that
are provided by Buzztouch for use in accessing the Service.
Additionally, by using the Service, you agree that you understand that other third party
software packages and services (such as Xcode, Eclipse, Apple, Google) may be required to
compile source code provided by the Service into executable mobile applications. You also
understand that these third party software packages and services may require the payment of fees.
The Service maintains no formal, informal, or legal relationship with these third party services
and any fees you pay to them are your responsibility.
In order to use the Service, you must have a valid Buzztouch ID. To be an Account Holder and to be granted access
to the Service,
you must provide Buzztouch with a valid email address and other information
("Registration Data"). As an Account Holder, you will choose a password and account designation
for your applications during the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify Buzztouch in
writing of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Buzztouch cannot and
will not be liable for any loss or damage arising from your failure to comply with this
Section. In consideration of use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form, and (b) maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or Buzztouch has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Buzztouch has the right to suspend or terminate your
account and refuse any and all current or future use of the Service (or any portion thereof) without notice.
Additionally, we do not allow multiple accounts. This means you cannot register for the service using the same
name and different email addresses and other contact information. One account per person is allowed.
Users under 13 years of age are prohibited from using the Service.
4. CANCELLATION AND TERMINATION
If you cancel, or we cancel your access to the Service, your cancellation will take effect immediately. After cancellation,
you will no longer have access to any data associated with your online control panel. All information contained therein may be
deleted by Buzztouch. Buzztouch accepts no liability for such deleted information or content.
You agree Buzztouch, in its sole discretion, may terminate your password, and/or account, and remove
and discard any Content within the Service (including, but not limited to your control panel data if you are
an Account Holder), for any reason, including and without limitation, the lack of use, or if Buzztouch
believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any
contracts, verbal or written or assumed, in conjunction with your deleted control panel data (as applicable)
and all its parts, at Buzztouch's discretion, will be terminated as well. Buzztouch may also in its sole
discretion and at any time, discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that Buzztouch may immediately deactivate
or delete your control panel data, as applicable, and all related information and files. Buzztouch reserves the
right to bar any further access to such files or the Service. You agree that Buzztouch shall not be
liable to you or any third-party for any termination of your access to the Service.
Registration Data and certain other information about you are subject to our
this TOS by reference.
6. OWNERSHIP OF Buzztouch ACCOUNT AND SECURITY
You are responsible for maintaining the security of your account and control panel data, and you
are fully responsible for all activities that occur under the account and any other
actions taken in connection with your control panel data. You agree to immediately notify Buzztouch
in writing of any unauthorized uses of the account or any other breaches of security.
Buzztouch cannot and will not be liable for any loss or damage from your failure to comply
with this security obligation. You acknowledge and agree that under no circumstances will
Buzztouch be liable, in any way, for any acts or omissions by an Account Holder or a Guest,
including any damages of any kind incurred as a result of such acts or omissions.
7. CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, goods, products, services or other materials ("Content") are
the sole responsibility of the person from which such Content originated. You, and not Buzztouch,
are entirely responsible for all Content that you upload, post, transmit or otherwise make
available via the Service. Buzztouch does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent
or objectionable. Under no circumstances will Buzztouch be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, transmitted or otherwise made available via the
Service. You acknowledge that Buzztouch does not pre-screen Content, but that Buzztouch and its designees
shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any
Content that is available via the Service. Without limiting the foregoing, Buzztouch and its designees
shall have the right to remove any Content that violates the TOS or is otherwise objectionable in
Buzztouch's sole discretion. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by Buzztouch or submitted to
Buzztouch. You acknowledge and agree that Buzztouch may preserve Content and may also disclose Content if
required to do so by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Buzztouch, its users and the public.
You understand that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following
terms, it will be in Buzztouch's sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy (up to, but not excluding any address, email, phone number, or any other
contact information without the written consent of the owner of such information), hateful, or
racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Buzztouch official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships or under
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical
marketing, advertising, or any other practice that is in any way connected with "spam", such
as (a) sending mass email to recipients who haven't requested email from you or with a fake return
address, (b) promoting an application with inappropriate links, titles, descriptions, or (c)
promoting your applications by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities exchange,
including without limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical
harm or injury against any group or individual, or promote any act of cruelty to animals.
This may include, without limitation, providing instructions on how to assemble bombs, grenades
and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal,
state, or local law or regulation, (b) you do not have full power and authority under all relevant
laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c)
Buzztouch determines, in its sole discretion, is inappropriate for sale through the Service provided by
(n) use the Service as a forwarding service to another website;
(o) solicit passwords or personal identifying information for commercial or unlawful purposes from
(p) exceed the scope of the Service that you have signed up for; for example, accessing and using
the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other
peoples comments or content;
(q) make any automated use of the system unless such use it authorized by Buzztouch.
If any user is reported to be in violation with the letter or spirit of these terms, Buzztouch retains
the right to terminate such account at any time without further warning.
Some of the features on the Service may require payment of fees. If you elect to sign up for these
features, you shall pay all applicable fees, as described on the Service in connection with such
features selected by you. Buzztouch reserves the right to change its prices and at any time.
You authorize Buzztouch directly or through third parties, to make any inquiries it considers
necessary to validate your account and financial information.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you
shall be responsible for payment of all such taxes, levies, or duties, excluding only United
States (federal or state) taxes. You agree to pay for any such taxes that might be applicable
to your use of the Service and payments made by you herein.
9. SATISFACTION GUARANTEE
Buzztouch Service's that require a fee include a satisfaction guarantee. If you are dissatisfied with your
paid service(s) for any reason, you can cancel your account at anytime. Any ongoing service fee(s)
associated with your account will be discontinued. No refunds will be issued for past subscription payments.
To cancel your account, log into your control panel and use the self service "Cancel Account"
option in our account's navigation menu.
Downgrading your Buzztouch account may cause the loss of content, features, or capacity of your account.
Buzztouch does not accept any liability for such loss.
10. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Buzztouch in connection
with the Service, if you elect to download or access such additional software or third party
Content made available to through the Service, you understand that you may have to agree to
additional terms and conditions before you use such software or third party Content.
You also agree that the use of any third party software or Content obtained through the Service does
not transfer to you any rights, title or interest in or to the software or such Content, and that you
will not use any Content made available to you through the software or the Service except as expressly
authorized under that third party provider's terms of service or license. For greater certainty, by
downloading software or Content made available through the Service, you are deemed to agree to the
terms of service or license agreement posted on the Service, the terms of which are incorporated by
reference herein for the benefit of such third party providers. If you do not agree to the terms of
service or license agreement, do not download the software or Content.
11. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in
which you reside.
12. CONTENT SUBMITTED
Buzztouch does not claim ownership of the Content you place on or within your control panel. By submitting
Content to Buzztouch for inclusion in your online control panel, you grant Buzztouch a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting on Buzztouch's
You acknowledge that Buzztouch does not pre-screen Content, but that Buzztouch and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or remove any Content
that is available via the Service. Without limiting the foregoing, Buzztouch and its designees shall
have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
The Service may provide, or third parties may provide, links to World Wide Web sites or
resources. Because Buzztouch has no control over such sites and resources, you acknowledge and
agree that Buzztouch is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge and
agree that Buzztouch shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Buzztouch, and its subsidiaries, affiliates, officers,
directors, agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out
of your Content, your use of the Service, your Guests activities, your connection to the
Service, your violation of the TOS, or your violation of any rights of another, whether you
are a registered user or not. The user is solely responsible for his or her actions when
using the Service, including, but not limited to, costs incurred for Internet access.
15. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service without the express written permission
You agree not to sell, resell, promote, or access the service as part of an
online or offline training course, paid or unpaid, without the express written permission by
Buzztouch. If you are an online training reseller, provider, or educator, contact us prior to
selling, marketing, promoting, or offering any organized "Buzztouch classes" or "Buzztouch learning"
programs or materials, paid or unpaid.
16. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Buzztouch may establish general practices and limits concerning use of the
Service and may modify such practices and limits from time to time without notice to you.
17. MODIFICATIONS TO SERVICE
Buzztouch reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice
at any time. You agree that Buzztouch shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
18. Buzztouch'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contains proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. You agree that if you operate a competitive service,
such as an "online app builder" and agree to these terms, it is very likely that you're infringing
on our intellectual property rights when you add or modify features to your competitive service
after seeing and using this service.
COPY OUR INNOVATIVE SOLUTIONS, PROCESSES, OR SOURCE CODE.
Except as expressly authorized by Buzztouch or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
Buzztouch does not want to receive confidential or proprietary information from you through the
Service or by email. Unless otherwise agreed in writing by an authorized Buzztouch representative,
any material, information or idea you transmit to Buzztouch by any means may be disseminated or
used by Buzztouch or its affiliates without compensation or liability to you for any purpose
whatsoever, including, but not limited to, developing, manufacturing and marketing products.
However, this provision does not apply to Content (as defined herein), or to personal
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Buzztouch EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Buzztouch WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, Buzztouch IS NOT RESPONSIBLE
FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS
ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS
OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION
WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT
MAY RESIDE ON THE SERVICE. Buzztouch DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Buzztouch SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Buzztouch HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
22. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with "RESTRICTED RIGHTS." Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws
and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of
Buzztouch's proprietary rights in them.
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service. The TOS and the relationship between you and Buzztouch shall
be governed by the laws of the State of California without regard to its conflict of law provisions.
You and Buzztouch agree to submit to the personal and exclusive jurisdiction of the courts located
within San Francisco, California. The failure of Buzztouch to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision. The TOS
constitutes the entire agreement between you and Buzztouch and govern your use of the Service,
superseding any prior agreements between you and Buzztouch (including, but not limited to, any
prior versions of the TOS). You also may be subject to additional terms and conditions that
may apply when you use affiliate or other Buzztouch services, third-party content or third-party
software. If any provision of the TOS or incorporated documents are found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and have no legal or contractual
Please send an email to [email protected] to report any violations of the TOS.