This Service Agreement (“Agreement”) is a legally binding contract between You (referred also as “you”,”You”, “your”, “User”, “Customer”,”customer” and/or “user" hereinafter) and Nesote Technologies Private Limited (referred also as “us”, “we”,”We”,”Our”, “our”, “Company”, and/or “Nesote” hereinafter). Nesote and you are individually referred to as a “Party” and collectively as “Parties”.
WHEREAS, Nesote provides various services related to mobile app development, through this website www.mpal.app, such as creating mobile app packages by loading a website in a mobile application, mobile pack uploading services and/or various other services in connection with mobile application development/deployment.
WHEREAS the customer wants to create a mobile app in connection with his website and looking to use Nesote’s services (one or more services) available in this website www.mpal.app for helping the customer to get a mobile app package which (the package) loads the customer’s website in it and/or for helping the customer to upload a mobile package to any online app store (including but not limited to Google Play Store or Apple App Store) and/or for any other service in connection with mobile application development/deployment offered by Nesote through (or in connection) with this website www.mpal.app.
NOW, THEREFORE, it is agreed between the Parties as follows:
1. Acknowledgement: By using this website, ordering anything from this website www.mpal.app, buying any services/packages from us and/or engaging with us anything in connection with this website you are agreeing to all the terms and conditions of this Agreement. If you do not agree, you neither shall use this website nor shall order/request any service/package from us.
2. Service Details: Any mobile application package provided to you by us is only licensed, not sold. Upon the full and complete payment of the license fee, subject to the terms and conditions of this Agreement, Nesote may provide you a license of a mobile package which (the mobile application package) you can upload to any online app store services enabling your audience to download it and use it to load your website (the specific one website for which the package is configured to load) in the app.
3. Customer Support: Our support is limited to only one month from the date of your payment for any service/package. Also our support is limited to only for a maximum of 4 (four) hours of time of a support engineer within such one month period from the date of your payment for the service/package. Our support is basic in nature, such as answering your queries related to the basic delivery of the app packages. We don’t provide you support for uploading the apps to Google Play Store or Apple App Store (or any other online app stores) unless you explicitly ordered a support service from us for this purpose.
4. No Refund: All payments are final. There won’t be any refunds.
5. Customizations: Occasionally we may do some changes/customizations on the packages/services given to you, under our full discretion. Under the discretion of Nesote the customization fee shall be charged from you. We reserve the right to deny any customization requests. You ordering any customization from us doesn’t give you any rights on the customization/”customized package” other than mere use license provided for packages subject to all the terms and conditions of this Agreement.
6. Application Approval: We cannot guarantee you that any mobile app (mobile application) packages provided by us to you will be approved in Google Play Store or Apple App Store or anywhere else. Often such approvals largely depend on the content of your website (i.e, which is shown in the app) and various other data/information you provided. We do not have any kind of control over these. Under any circumstances, we cannot (and we don’t) guarantee you approval for the package in Google Play Store or Apple App Store (or any other online app stores).
7. Licensing: Any package/deliverable we provided to you (with or without customization/modification) is only licensed to you. Under any circumstances it must not be considered as any such deliverable/package is sold to you. So long as you are fully compliant with the terms and conditions of this Agreement, you may be licensed to use any such package only in connection with providing mobile app service for the domain name you communicated/intimated to us. Neither the ownership nor any intellectual property rights of any package/deliverable is given to you, under any circumstances.
8. No Source Code: We will not provide you the source code of any packages licensed to you. You won’t be disclosed or given access to any source code of the packages or any other program/software.
9. Intellectual Property Rights: Nesote reserves the ownership and intellectual property rights on the source code and the package. You may be given a mere use license (to be used only for the intended purpose) of a mobile package subjected to the terms and conditions of this Agreement. This Agreement is not intended to provide/transfer/issue any intellectual property rights to you.
10. Disclaimer: Any service/package/deliverable provided by us through (or in connection) with this website is provided on an "as is" basis. We disclaim all warranties relating to any service/package/deliverable provided by us in connection with the website mpal.app, whether expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Neither we nor anyone else who has been involved in the development, creation, production, or delivery of the service/package/deliverable shall be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use the service/package/deliverable, even if we have been advised of the possibility of such damages/claims or not. You bear all risk as to the quality and performance of the service/package/deliverable provided by us. In anyway, we are neither liable nor responsible for any such damages.
12. Disputes: Any dispute or difference arising out of or in connection with this Agreement (or in connection with any service/package provided by us in connection with this website www.mpal.app) or in any connection with any kind of use of this website www.mpal.app, including any question regarding the Agreement’s existence, operation, termination, validity or breach thereof shall first be resolved by the Parties through friendly negotiations, failing which the same shall be subject to arbitration. Such arbitration proceedings shall be conducted in English Language at Kochi, India in accordance with the Arbitration & Conciliation Act 1996, as amended from time to time. The dispute reference shall be to a sole arbitrator, if the Parties agree on a sole arbitrator. If the Parties are unable to agree on a sole arbitrator, the reference shall be made to an arbitral tribunal consisting of three arbitrators. Each Party shall appoint an arbitrator and the two arbitrators shall jointly appoint a third arbitrator, who will be the presiding arbitrator. The award passed by such arbitral tribunal in pursuance of such arbitration proceedings shall be binding upon both Parties hereto. You understand, agree, and confirm that under any circumstances, the aggregate liability (multiple claims, if any, combined) for our Company for any dispute(s) arising anything in connection with this Agreement (or in connection with any service/package provided by us in connection with this website www.mpal.app) or in any connection with any kind of use of this website www.mpal.app shall be limited to USD 50 (United States Dollars Fifty Only) or any money you sent to us for providing you any service provided by this website within last one month, whichever is lower. You agree and confirm that under any circumstances you shall not seek for a liability above this limit. You do hereby waive all your rights to claim class arbitrations, class actions or any kind of multi-party proceedings. Any dispute arising out of or related to this Agreement (or in connection with any service/package provided by us in connection with this website www.mpal.app) or in any connection with any kind of use of this website www.mpal.app shall not be brought by you (either directly or indirectly) as a class arbitration or class action or any other type of multi-party proceeding.
14. Changes in Account: Nesote reserves the right to cancel/delete/deactivate your account (the account you may create in our website, if any) anytime and/or edit/delete/update your account details any time even without any notices/warnings. Nesote reserves the right to stop providing any service to you or deny you access to our website/service, anytime, even without notices or warnings. Nesote shall not be deemed liable to you (or to anyone) under any circumstances.
15. Changes for Services: Nesote reserves the right to make any modification/amendment/change on the service we provide or for our website (or on the business model of the website). You understand and agree that the service fee we charge from you may be different from the service fee we charge from other customers.
16. Severability: If any term, condition, section or provision of this Agreement becomes invalid or be so judged, the remaining terms, conditions, sections and provisions shall be deemed severable and shall remain in full force.
17. Non-Exclusivity: Nothing in this Agreement shall be deemed to prohibit us from developing, making, using, improving, modifying, marketing, distributing, licensing, selling, producing, providing or otherwise commercializing any software/service/application/website/packages/”mobile packages” (including but not limited to any service or website or application or packages or mobile packages similar your website/business or similar to the service/package/deliverable provided to you by us) or any other services or products.
18. Non-Assignment: You may not assign or otherwise transfer these terms or your rights and obligations under these terms/Agreement, in whole or in part, without our written consent, and any such attempt will be void. We may, in our discretion, transfer and/or assign our rights under this Agreement to a third party or our successor(s) or our permitted assign(s).
19. No Waiver: Our failure to enforce or exercise any of these terms is not a waiver of that section.
20. Entire agreement: This Agreement and the terms and conditions in it constitutes the entire agreement and understanding between Nesote and you relating to the subject matter hereof, and supersedes, replaces and cancels all prior and contemporaneous negotiations, agreements and understandings between Nesote and you whether oral or written, expressed or implied.