Welcome to Enappd
1. Enappd’s ecosystem of digital marketplaces helps people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an Enappd account that will allow you to buy and sell items like the ones found on the Enappd sites and make other related transactions.
2. The Enappd sites are platforms that allow members to buy and sell licenses to use digital items like app themes, app starters, software code etc. On Enappd, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Enappd account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Enappd (as a buyer) and by buyers via Enappd to you (as an author).
3. The items on Enappd sites are owned by the authors, and by us. The items on Enappd owned by Authors are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
4. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Enappd Market sites is conditional on your acceptance to be bound by these terms.
5. enappd.com and store.enappd.com are both sister websites and products can be sold and purchased on both these domains
6. Preview Files: If you stream or download a preview file from our Enappd sites, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Enappd sites and not for any other purpose.
How browsing and membership works
7. Browsing: When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Enappd sites whether or not you’re a member.
8. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy and sell items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
9. Enappd Account: Membership is free. When you become a member you get an Enappd account. Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Enappd sites that help people get creative. Membership also gives you the opportunity to become an author.
10. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Enappd account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Enappd sites including any activity that occurs in conjunction with your username and password, if you have an Enappd account, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
How buying items works
11. What you’re buying:
- Item support: All items on Enappd are supported by the Authors. If an item is not supported, it will be marked on the product page. The ‘support’ for an item means
- Updates to ensure the item works as described and is protected against major security concerns
- Discretionary version updates
The support selectively includes
- Availability of the author of the item to provide item support
- Technical questions about the item’s built-in features, functionality and third party plugins
- Assistance with reported bugs and issues
- Help with included third party assets (e.g. plugins, npm packages etc.)
12. The total price for an item on Enappd is made up of:
- Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
- Handling fee: In some transactions on Enappd the total checkout price may include a handling fee.
- Taxes: Some transactions on Enappd may be subject to tax that may be added to the price.
Transacting as a buyer:
13. If you have an Enappd account, you can make payments by using the ‘Buy Now’ function, including any usage of discount coupons provided to you.
14. When using Buy Now you will be redirected to a payment method provider.
15. Currency conversion costs: We take care of the currency conversion relating to a transaction on Enappd. If you make the payment in any currency other than your financial institution currency, your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
16. Terms of buying: When you buy an Enappd item you’re doing so on the following terms:
- you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the authors do not promise that any particular item will continue to be available on Enappd so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
- the author retains ownership of the item;
- your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; and
- we have the right to enforce against you the terms of the license that you have acquired from an author.
17. Warranties we make:
- We warrant that the Enappd sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
- We otherwise do not make any express or implied warranties about the Enappd sites (or any items on the Enappd sites).
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given by the author on the item preview page, as well as any item preview;
- they will honour any express warranties given to you that are not contained in these terms;
- they have the rights necessary to license that item on the terms of applicable license;
- your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- they will process your data in accordance with applicable privacy law and data protection regulations.
19. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
20. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author in section 18 has been breached, or a refund is required under the consumer protection laws. If you would like to request a refund, please contact us at firstname.lastname@example.org If there is any refund request raised after 2 weeks of purchase, it will not be considered for a refund unless
- There is an ongoing support request raised within 2 weeks of purchase, and
- The support is not able to solve the issue
21. We will assess refund requests on their merits, considering the digital nature of Enappd items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
22. If the author or we decide to issue a refund, this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method.
23. Disputes lodged with payment agents: If, as a buyer via your Enappd account, you lodge a dispute with a payment agent, this will result in a freezing of your Enappd account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Enappd account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
24. Fine print: We are not a bank or licensed deposit taker in India or elsewhere, your credits are not deposits under Indian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.
Becoming an author
25. If you want to get involved in our community as an author, you can sign up and find out more by contacting us at email@example.com. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.
26. What we own: We own all the Enappd that we have put on Enappd Sites (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Enappdsites, and copyright, trademarks, designs and other intellectual property on Enappd. We own all the trademarks, logos, service marks and trade names on Enappd(unless otherwise stated and excluding these things owned by others). We also own the products created and uploaded by us. You will not copy, distribute, modify or make derivative works of any of our Enappd Content or use any of our intellectual property in any way not expressly stated in these terms.
27. What we don’t own: We do not own the items on Enappd which are uploaded by other authors; the authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the Enappd do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item)
28. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us at firstname.lastname@example.org
29. Model and property releases: Items are available for commercial use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.
Our use of your information
31. Confidential Information: We value your information and take reasonable precautions to protect it. While using the Enappd Market, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the Enappd Market to any other person.
32. Prohibited Conduct: We strongly recommend that you don’t make your contact details public on the Enappd Market or in any public communications via the Enappd sites. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, you do so at your risk!
33. Content removal: We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Enappd Market and any content might result in liability to us or anyone else.
Linking; apps made by others
41. Linking to the Enappd Market: We’d be delighted if you decide to link to Enappd Market from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on Enappd. That includes no “in-line” linking methods resulting in images hosted on Enappd being displayed on other sites. You must not “frame” any Enappd pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the Enappd Market be discontinued, and to revoke your ability to link to the Enappd Market.
42. Links from the Enappd Market: The Enappd Market sites may contain links to other non-Enappd sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
43. Third party developers: We welcome the contribution of our members and broader community, who offer applications that work with Enappd. You will need to form your own view about these applications and their developers; we’re not able to warrant or endorse those applications and disclaim liability relating to these applications.
44. Eligibility, suspension or termination: Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Enappd Market complies with these terms and our policies. We can suspend or terminate your Enappd Market account at any time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable to your Enappd account;
- breach any of our policies ;
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
If we do decide to permanently terminate your Enappd Market account you must not apply for a new account as unfortunately you will no longer be welcome in our community.
Liability and indemnity – between us and you
47. We provide the Enappd sites and the platform services, including the products created by us, not the items created by other authors on the Enappd Market sites.
48. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of Enappd Market and any content you post to Enappd Market (including, if you are an author, your items).
49. If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
- the items on Enappd Market;
- information provided by authors about their items (including on any item page); and
- your use of items from Enappd Market.
50. Our liability to you in connection with Enappd Market or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
- our total liability to you is limited to the greater of USD100 and the total amount paid by you in the 12 months before liability accrued.
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
Liability and indemnity – between authors and buyers
51. Each author grants to each buyer of the author’s items a limited indemnity on the following terms:
- if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
- if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.
52. The liability of each author to their buyers is otherwise limited, for each item purchased, to the author’s earnings from the payment for that item, except to the extent that the author’s liability arises from wilful misrepresentations made about the item.
53. Availability: We strive to have Enappd Market available to you 24 hours a day, seven days a week but occasionally you might not be able to access Enappd Market, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Enappd Market works. Enappd will not be liable to you for any loss you suffer as a result of these things.
54. Third Party: If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
55. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees‘). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we and authors are bound only by the express warranties made in these terms. Our and each author’s liability for breach of a non-excludable consumer guarantee is limited, at our or the author’s option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).
56. Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your Enappd accounts or refuse to process a payment, if we reasonably believe there is a risk associated with you, your Enappd account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Indian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on Enappd Market using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against all of your Enappd accounts you use on other Enappd sites. If required by law we may forfeit existing deposits or earnings.
58. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments, the authors’ providing warranties to buyers, to limit authors’ liability to buyers, and the disclaimer of authors’ liability to buyers
59. Notices: Any notice you send us must be submitted to email@example.com. Any notice we send to you will be emailed to your Enappd Market account email address.
60. Changes to Enappd Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use Enappd Market sites after the changes are made, then you will be agreeing to the changes.
61. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
62. Applicable Laws: We control and operate Enappd Market from our offices in India. The local laws govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
- Author: A member who makes items available for sale on Enappd Market.
- Buy: includes downloading an item that is made available for free on Enappd Market or that is purchased for you by another member.
- Buy Now: a way of purchasing an item using a payment provider
- Buyer: a person who ‘buys’ items on Enappd Market.
- Enappd: Youstart Education OPC Pvt. Ltd.
- Enappd content: is all the content that we have put on Enappd Market and includes the design, compilation, and look and feel of the Enappd Market, and copyright, trademarks, designs and other intellectual property on the Enappd Market (unless otherwise stated and excluding content owned by others like author content).
- Enappd Market: When we refer to the ‘Enappd Market’ we’re talking about the Enappd digital marketplaces, which include these sites:
- Enappd Market account: what you receive when you become a Member which gives you access to any of the Enappd sites.
- EU Member State: the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
- Item price: the price buyers pay for the license to use an item
- Item support: the support an author agrees to provide Enappd Market account holders for an item marked as ‘supported’
- Items: digital goods found on Enappd like app themes, app starters etc.
- List price: the price you see on an item page on Enappd, which is made up of the item price and buyer fee.
- Member: a person who signs up by creating an account and accepting these terms.
- Member’s statement: the record of payments by you to Enappd (as a buyer) and by Enappd to you (as an author).
- Payment method: any payment agent or method we make available on the Enappd.
- Total price: the price the buyer will pay in total, which consists of the item price and handling fee (if applicable) and any taxes that may be added
- Your content: everything that you post on the Enappd Market, or send via the Enappd Market to other members and to us including items, files, communications and materials.
Version 1.0 – Effective date: April 10, 2019.