Terms and conditions

Object and scope of application.

These terms and conditions are intended to regulate the relationship between the users of the Platform and King of App, SL, a commercial entity of Spanish nationality, with registered office at C/Vallcalent, 47 – 25006 Lérida (Spain) and CIF
B-25769498, registered in the Mercantile Registry of Lérida, volume 1,361, folio 130, page nº L-27.245. The user can contact King of App through t[email protected] or at
phone 639976926.

Definitions.

• Author(s): registered user under whose profile an Add-on is offered for sale, as the owner of the rights to it.
• Add-on, Extension, Plug-in (and their plurals): modules, templates, themes and services that are created, designed and/or offered to users on the Web.
• Configurator: private, closed-source repository, not accessible by any type of user, which runs on the Platform to generate the configuration file from which an application is built
  from mobile.
• Tools: refers to the Configurator and the Viewer, as two computer programs owned by King of App that run on the Platform and participate in the process of creating and designing Add-ons
  and mobile applications.
• Platform, Web: is used to refer to the website as a whole on which King of App provides its services and offers its products.
• Viewer: computer program that builds the mobile application from the configuration file.

Sign up and register at King Of App.

In order to access the service offered by King of App, it is necessary to create a registered user account, providing King of App with the data indicated in the form.

Registration on King of App implies acceptance of these Terms and Conditions and all legal texts available on the Website, which are incorporated by reference.

Anyone who is legally considered an adult in their country of residence may register on King of App. Minors must register through a user account of their parents,
guardians or legal representatives, with their consent to be able to use King of App, these adults being fully responsible for the actions of the minor on the Web.

Identity, veracity and security of the profile.

The user declares the veracity of the data and that in no case will he/she make fraudulent use of them, nor will he/she impersonate third parties or act on behalf of third parties with respect to whom he/she does not exercise functions of
representation.

Unless the affected user informs the Company, King of App cannot detect identity theft or unauthorized use of registration keys. Therefore, the user is responsible for the security and safety of the Company.
correct use of their keys, and must hold King of App harmless in the event of a conflict of this type arising.

King of App service management.

King of App allows you to create, edit and publish Plugins, as well as integrate them into mobile applications to compile and publish them later on different distribution platforms.

King of App reserves the right to add additional content to your Add-ons, mobile applications or the services you use, such as the insertion of advertising spaces with third-party information or information
commercial about King of App. In the case of inclusion of advertisements within mobile applications by the user, King of App is not responsible for the content of said advertisements, provided by
an advertising provider other than King of App.

King of App may offer some services that will allow the user to earn income, either through the direct sale of the Add-ons or mobile applications distributed through King of App or through
the insertion of third-party advertisements within them. In order to receive such income, the user must provide King of App with their real tax data and guarantee that they are legally able to receive
such income according to the laws of your country of residence.

In the event that some of these services that allow the user to obtain economic income are managed through a service provider external to King of App, it will be the user's responsibility to agree with said provider.
of services, payment methods and provide King of App with the necessary data to be able to implement said service and initiate the transactional relationship between the user and the external service provider.

As a complement, King of App offers a series of services aimed at users who want to make professional use of the mobile applications or Add-ons offered by King of App. These services involve a cost
additional fee that must be paid to King of App before they can be activated.

Renewals.

By default, all subscriptions will automatically renew for the same period contracted once the term initially established for said services expires. The user may refuse the renewal of these services
at any time prior to automatic renewal. King of App reserves the right to deny subscriptions, renewals or other purchases for any reason.

Other purchases.

King of App may offer new payment products and services in the future through the King of App website. Such products and services may be subject to specific terms and conditions presented at that time.
of the purchase.

Purchasing process.

Acceptance.

The user will count in the dashboard with a section called “Cart” where you can see a summary of the items you have purchased, their price and the total amount of the purchase. Before accessing the payment platform,
The registered user must fill in the details of his invoice. If the user agrees, he can continue the process through the PayPal payment gateway, clicking on “Buy with PayPal”. Afterwards, he must enter
your user of this platform or make the payment by card, selecting the corresponding option. The acceptance of the purchase is granted when the user completes the entire process designed by the payment gateway.

By clicking on the payment confirmation of the corresponding gateway, the user expresses full acceptance of each and every one of the Terms and Conditions as they appear on the Website at the time of purchasing the products. Any changes that may occur in the clauses subsequently will not apply to it.

Bug fixes.

If the user made a mistake when placing the order, he/she must contact King of App through any of the means indicated in these terms or on the Website.

Confirmation of receipt.

King of App will confirm receipt of acceptance to the user by sending an email, so that it can be archived by the user.

User exemplar.

If the user wishes to read the terms and conditions more carefully, he or she may print them on paper or save the document in electronic format.

Language.

The language of completion of this contract is Spanish.

Intellectual property.

Website and other elements.

King of App is the owner of the King of App Website, including the source code, King of App logos, appearance, images, texts, videos, software and any other creation contained in the Platform, provided that it is not
Unless otherwise indicated, King of App reserves all intellectual property rights over these creations.

King of App will not provide any user with the source code of any application created with King of App in the native language of any of the mobile platforms supported by the apps. In the case of versions of a
application that are interpreted by the device itself, such as the Web versions, the user may have access to said source code, but King of App will remain as the owner and author, not having the right
user to modify or misuse it.

Add-ons.

The user who creates and/or publishes a Plugin on King of App declares to be the owner of the intellectual property rights necessary for this. In addition, he/she acknowledges responsibility for these creations and the content
that you include in them. If you use content whose intellectual property belongs to a third party, the user must have sufficient authorization from the latter. In the event of not having such authorization, the user of
King of App will be responsible for any intellectual property conflict that may arise.

The Add-ons that the Author publishes on the Platform, as well as their content, will be licensed to other users in accordance with the terms of the corresponding license (basic either
complete) that the Author has chosen, but in no case is ownership of them being transferred. Likewise, these contents will be licensed
to the end user of the mobile application in which they are included, through end user licenses on the different distribution platforms.

King of App Tools User Licenses.

The King of App Platform is composed of a series of computer tools that allow the user to create, edit, publish or sell Add-ons, as well as integrate them into mobile applications for sale through
from different distribution platforms. The use of these Tools is subject to license conditions, which are detailed below. Unless otherwise stated, King of App reserves all rights
about these Tools.

App Configurator. License and Restrictions.

King of App offers the user, for the time that the user is registered, a worldwide, non-exclusive, non-sublicensable and non-transferable license, limited to the execution of the App Configurator, property of King of App, with the
purpose of creating and/or editing Add-ons on the King of App Platform, for their subsequent integration into mobile applications. Under no circumstances is their execution authorized beyond what is essential to comply with its
function, its use being especially prohibited outside the builder of the Web. Regarding its source code, the rights of access, modification, making backup copies, decompilation are fully reserved.
or reverse engineering of the source code. The rights of public communication, transformation and distribution are not licensed either.

Viewer. License and restrictions.

Its use is licensed to users of the Platform under the OSL 3.0 license, the full text of which can be consulted here.

Commercial purpose.

These King of App Tools licenses allow the user to create, edit or publish Add-ons and mobile applications for commercial purposes.

Promotional uses.

King of App may use all or part of the applications or Add-ons created on the Platform for promotional purposes, to advertise or publicize its products, its technology and the catalog available on the Web. This promotion
refers to the use on the Platform, in public relations events, in social media posts, newsletters, and other means of communication, for the benefit that it may represent for both Parties, without
no payment is due for it.

Content restrictions.

It is strictly prohibited to use the King of App service to create, edit, publish or sell Add-ons or mobile applications whose content:

• Infringe copyright or other third party rights (trademarks, privacy rights, image rights, etc.)
• Has racist, violent, defamatory or discriminatory connotations towards individuals or groups.
• Exploit minors.
• Denotes illegal acts or extreme violence.
• Denotes animal abuse or extreme violence towards animals.
• Promote fraudulent actions and business models.
• Violate any laws in the countries where the application will be published.
• Sabotage the security mechanisms of the mobile device, illegally obtain personal data or in any way pose a threat to the intimacy, honor or privacy of users.

In the event that King of App does not detect any infringement of these restrictions, but they are present, King of App will be exempt from any type of responsibility for the content, the user in question being
the sole and exclusive person responsible for any violation of any law.

Users of the Web, whether registered or not, may inform King of App of the existence of Add-ons, mobile applications or any other elements that they consider to violate their rights, the rights of third parties,
content restrictions or that are otherwise conflicting to them.

Faculty of review.

King of App is not obligated to review Add-ons, mobile applications or other content posted by users on the Website, but may do so at its discretion.

King of App reserves the right to prevent, suspend or withdraw the publication of those elements that it considers contrary to the content restrictions, are a source of potential risks or generate possible conflicts.
with third party rights.

Likewise, in exercising this power of review, King of App may request the Author to introduce the necessary modifications in the Supplements, to adjust them to quality levels, and may prevent publication.
as long as the user does not comply with these minimums.

Removal of Add-ons.

In addition to any other causes indicated in these Terms and Conditions and in other legal texts of the Platform, King of App may withdraw (suspend, interrupt) those Add-ons that, at its sole discretion,
complaints from other users, third parties or competent authorities, which are considered to be the source of or contain:

• Violations of third party rights.
• Violations of the Platform's legal texts.
• Malicious content or content that may cause harm of any kind (for example, technical, computer, economic, moral, etc.) to users, their clients or their mobile applications.

When a Plugin is retired, the user will receive a notification in the alerts section. The retirement will prevent the user from compiling the mobile app.

Maintenance and updates.

The user who has published Add-ons is obliged to take the necessary actions to keep them updated, as well as to prevent and correct errors and make adaptations and improvements to them.

Each Author is responsible for providing a maintenance service:

1. Corrective, consisting of all those operations to correct or repair Software failures. These maintenance tasks will be carried out after the failure has occurred and will have the purpose of ensuring the proper functioning of the Software.
   correct of the same.
2. Preventive, consisting of all those operations that aim to keep the program in proper operating conditions, avoiding the presence of errors in it and applying the necessary updates.

Low Supplement.

If the Author wishes to stop offering the Add-on on the Platform, he may cancel it at any time, after which it will no longer be offered for sale. Regarding users who have previously purchased it, he must continue to do so.
maintenance for the remaining time until the end of the 1-year period after the date of the last purchase of the affected Add-on.

Breach of warranty.

If the Author does not deactivate the Add-on, but also does not perform the necessary maintenance or updates, King of App will notify the Author in writing, giving the Author a period of 15 calendar days to carry out the maintenance.

If the corrections are not made within these 15 days, King of App will make a second notification, which will open a final extension of another 15 days. If after this notice the corrections are not applied, King of App may carry out any other action.
of the following measures:

• Remove the Plugin from the Platform, without assuming any responsibility for any damages or losses that this may cause to the Author or the Author's clients.
• Intervene the Plugin to take charge of maintenance and corrections to preserve its functionality and suitability, either until the Author assumes these obligations again or until the 1-year period expires.
  year after the date of the last purchase of the affected Add-on.

Consequences of abandonment: maintenance assumed by King of App.

King of App wants to protect users against these cases of abandonment. Therefore, as a preventive measure against a possible breach of the guarantee, and in order to cover the costs that such a breach would generate, there are
two scenarios A) and B):

Security deposit.

After the third warning, King of App will cancel the Add-on and will assume the maintenance that should have been provided by the Author, for those users who had purchased the Add-on before and still have the valid warranty.

Under this option, King of App will retain a minimum amount in the Author's account as a security deposit, and King of App will charge the costs of assuming maintenance in the event of abandonment.

Calculation of the minimum amount:

The minimum amount will be calculated on a daily basis. At least the amount equivalent to the sum of twice the price of each of the Author's Add-ons will always be retained. This minimum retention is charged to
upon first sales, so the Author does not have to pay that money in advance.

However, this minimum amount may be replaced by the following amount, when it is a higher figure: 10% of the total amount of sales made by the Author in the previous month.

[If you have three Add-ons for sale at 30 euros each, the minimum to be retained will be 60 euros. If the Author has sold forty Add-ons for 30 euros in the previous month, the total sales will be 1200 euros, and therefore the 10% is higher and 120 euros will be retained]

Retention duration:

The minimum amount will be retained for twelve months from the retention date, and will be released when this period is met.

Settlement of commissions when opting for the security deposit:

The minimum commission clause of €60 is calculated once the security deposit has been paid.

[If the deposit is €60, commissions will be paid once the balance exceeds €120]

Estimated unit cost.

As an alternative to the security deposit, retention of the sales balance is contemplated, as indicated below.

1. Following the third notice, King of App will assume maintenance for all users who have purchased the Add-on or who purchase it subsequently.
2. King of App, if it deems appropriate, will cover the costs of this maintenance option by retaining the existing balance and the amounts accrued from sales, until the actual cost of the hours dedicated is covered.
   maintenance, at which time the Add-on will be decommissioned.

If the Author decides to take on maintenance again before the end of the period, he or she will have to pay the cost of the hours that the sales balance has not yet covered. The cost of maintenance is calculated as €100.
(one hundred euros) per hour per man. This balance of hours will be notified to the Author in the user panel.

Publishing service on distribution platforms.

Once the Application has been created on the Web, King of App offers several alternatives for its publication on distribution platforms:

• Obtain the source code and have the user compile and publish it.
• Hire the compilation and publication on distribution platforms under the King of App developer profile. This service is governed by specific terms, detailed in the document
  compilation and publishing service.

Web Service Level Agreement.

The Platform, Tools, Add-ons, mobile applications and other information related to users are stored on a remote server and are accessible from any computer connected to the Internet by doing
use of compatible browsing software. The servers where the information is stored are contracted to a provider other than King of App, who will set the availability conditions and resolution times
of incidents.

Service availability.

King of App guarantees, for its Platform, a uptime of 95% over the calendar year, calculated in calendar days and with respect to 24 hours.

In case the 5% is exceeded downtime From its Platform, King of App will reimburse the user the proportional part (corresponding to the number of days that exceed that 5%) of the price that he has paid for the service
that has been affected.

Causes that do not count towards the calculation of availability.

When the suspension of the Platform is due to any of the following causes, it will not count towards the calculation of service availability:

• Causes of force majeure.
• Viruses or computer attacks.
• Breakdowns due to incorrect or incompetent use by the user.
• Stops to carry out maintenance of the Platform.
• Unavailability due to incidents or problems in the client's equipment or computer programs, through which they use or access the Platform.
• Other causes whose resolution is beyond the scope of King of App

Service reactivation time.

In the event that the King of App service is interrupted due to uncontrolled causes, such as software failures, King of App will attempt to reactivate the service within less than twenty-four (24) hours.

The reactivation time is defined as the time between the effective knowledge of the incident by King of App until the recovery of normal operation.

King of App and users.

Commitments.

• King of App undertakes to keep the Website and the Tools operational in accordance with the availability and reactivation standards set out in the corresponding clause of these terms.

• Regarding the Add-ons developed by the Company, King of App only guarantees their correct functioning. When the user is a consumer, the legal minimums will be respected.

Disclaimers of warranties.

• King of App only provides warranty for those Payment Add-ons that are its own. Thus, these guarantees do not apply to products or services published by third parties.
• King of App does not offer any guarantee regarding errors or defects that the user would have had sufficient capacity to detect thanks to their own technical or professional knowledge.

• King of App does not guarantee that the products or services will be available indefinitely on the Platform, and may proceed to withdraw them (suspend or interrupt them) for whatever reasons it deems appropriate.
• No warranty of any kind is offered for Free Add-ons.
• King of App does not offer a guarantee when errors or incidents are due to incorrect use, by incompetent persons or in inappropriate environments, equipment or computer programs.

Disclaimers.

• King of App is not responsible for any damage or loss of any kind suffered by users or their clients, which may arise from products or services that have not been developed by the Company.
• If a user deletes, voluntarily or by mistake, in whole or in part, any application previously created under his King of App account, the Company will not be held responsible, so the user will not be able to demand
  a King of App restoration of deleted data.
• King of App is not responsible for any loss or damage to user account information that may occur as a result of: (I) any changes King of App makes
  in its services or products; (II) any corruption or storage failure caused by poor data transmission or an error in computer systems; (III) the misidentification of your account
  registered user; (IV) your misuse of your password by allowing third parties access to your user account.

Warranties and liability of the Authors.

Commitments

The Author is fully responsible for the Add-ons he publishes. Therefore, the Author has a series of commitments or guarantees towards King of App and the rest of the users:

• Regarding the functionality of the Add-on and its suitability to fulfill the purpose indicated in its description. This warranty does not extend to changes made or introduced by the user.
• On the absence of errors or hidden defects that I could or should be aware of as the Author of the Supplement.
• Regarding ownership or sufficient rights to legitimately license the Add-ons.
• Regarding compliance with these Terms of Use and other applicable laws or legal terms.
• On the absence of viruses, malicious programs that can damage or destroy computer equipment or the devices of its users.

Responsibility.

The Author is responsible for all damages and losses arising from the Add-ons that are under his profile, as well as for all claims that other people may make based on intellectual property infringements.
that exist or have occurred in or through its Complements.

User commitments.

In addition to other obligations set forth in other clauses of these terms, the user assumes the following commitments:

License notices and attribution notices.

In some cases, the Add-ons include indications about who the Author is, as well as license notices. Both must be respected and maintained by the user, since removing or altering them may result in
yes, an infringement of the intellectual property rights of its authors.

Modifications introduced.

The user can customize the Add-on to adapt it to the needs of his Application. These modifications are made under his initiative and criteria, and are therefore under his guarantee and responsibility. Thus,
shall be liable for any damages or losses that may be caused to King of App, other users of the Add-on or end users of the Application. Likewise, the user guarantees the operation, suitability, maintenance
and update any changes you have made.

Indemnity.

The King of App user shall indemnify the Company against any claim or demand from a third party that: (I) is related to any use of King of App by the user in question; (II) claims that
any product, service, content or application created or published by the user of King of App infringes any type of law or third party rights, especially intellectual property rights; or (III) asserts any
violation by the user of any of the clauses of this agreement.

Trade policies.

Price.

The price that the user pays for an Add-on is made up of:

• Retail price. This amount is decided by the Author and is the one that appears in the Supplement's file. It consists of:
  • Brokerage commission of 30% corresponding to King of App.
  • License fee, the remaining 70%, as compensation to the Author.
• Transaction costs. These refer to management or banking fees that may be associated with payment methods.
• Taxes applicable to the transaction.

King of App may offer a higher percentage of the license fee to Authors who exceed certain sales volume thresholds for their Add-Ons.

Commissions and settlements.

The balance of the Author's account will be paid at the request of the Author, but provided that the balance of his account exceeds, in terms of amounts accrued for the license price, a cumulative minimum of €60 (sixty
(euros). Payment will be made on the 30th of the corresponding month. Any financial charges that may arise for the payment of the balance correspond to the Author. The currency of payment will be euros.

Shopping.

Users who wish to purchase a Supplement must indicate their bank details in the corresponding payment gateway. The service will not be considered activated until the process has been successfully completed.
paid.

Defective plugins.

The user who claims a defect in any of the Paid Add-ons that he has purchased must first prove the existence and origin of the defect, and secondly that such a defect would not have been possible.
detect it during the process of selecting and testing the Add-ons on the Platform, prior to the purchase. The user has 15 (fifteen) calendar days, from the acquisition of the Add-on, to make
This right is effective. Users who have purchased a Paid Add-on that has proven to be defective may choose to have the error repaired or have the price paid refunded.

Refunds.

A refund will only be considered when the requirements for Defective Add-ons are met.

The following are expressly excluded as cases of reimbursement:

• The user has changed his mind or has purchased the product or service by mistake.
• The user lacks the means, knowledge, equipment or computer programs sufficient to use the product or service purchased.
• The mobile application resulting from the compilation process has not passed the evaluation of the corresponding distribution platform, for reasons beyond the control of the software provided by King of App.

The refund will be managed between the user and the Author. King of App will intervene in case an agreement is not reached, to evaluate the case directly. In case of approval, King of App reserves the right
to deduct from the Author's account and pay to the user any amounts owed by the Author as refunds. The refund will be made by the same payment method as the purchase.

Fraud: identity theft and use of false data.

Any purchase made under registered user credentials will be deemed to have been made by the person authorized and legitimized to use them. Therefore, the holder of the keys will be responsible for all
actions that take place under your profile, unless you properly notify King of App of any unauthorized use thereof.

If King of App detects fraudulent use (use of stolen cards, use of coupons purchased with stolen cards, identity theft of user profiles, or friendly fraud, among others) it will execute the measures
that it deems appropriate. These measures may include blocking the affected account or access to the purchased Add-ons.

Discounts and promotions.

King of App may offer Add-ons as part of special promotions or discounts. When discounts result in a reduction of the license price, the Author will be notified first to determine if he or she is interested.
to participate in the promotional action.

Any Author wishing to offer his Supplements at a discounted price must first determine his terms with the Company.

Termination and cancellation.

Period.

This Agreement becomes effective at the time the User registers with King of App and will be applicable as long as that account remains open.

Withdrawal.

Due to the digital nature of the Accessories, it is not possible for the user to exercise the right of withdrawal once they have purchased the product. The acquisition is equivalent to the activation of the product. Only
a refund will be issued in the case of defective Add-ons.

Account cancellation by King of App.

King of App reserves the right to suspend, disable, cancel or delete the account or part of it if it detects that malicious or illegal uses of the Platform have been made or for purposes contrary to good faith,
morality or public order.

In addition, the account may also be suspended, disabled, cancelled or deleted if King of App considers that any illegal content has been created or uploaded to the Platform, or that it may be infringing.
of any of the clauses of this agreement or other legal texts of the Platform, as well as those cases in which the user's conduct may have damaged the reputation or professional diligence of the Company,
or hindered, harmed or sabotaged the operation of the Platform.

Cancellation of a user account.

The user may cancel his/her user account at any time. By cancelling your account, you will no longer be able to access it with your username and password, and any Add-ons that have been published will no longer be available.
available.

This does not mean that the Add-ons will be removed from those applications in which they have already been integrated, but that maintenance and/or updates will no longer be provided for them.

Once a user account is cancelled, King of App reserves the right to continue to store any data required from the user account on its systems in order to maintain a record of the activity history.

In the event of cancellation before the active subscription period expires, the amounts paid and the portion corresponding to the outstanding days will not be refunded.

The only person responsible for the cancellation of an account is the user himself, so he must cancel the account and the payments related to it, a period of more than 30 days before the expiration of his fees, and if said cancellation occurs in less than said period, King of App reserves the right not to return the current fee or its entirety.

Users who wish to withdraw their entire balance upon cancelling their account, but this does not exceed €60, will be responsible for the transaction costs.

Confidentiality of information.

King of App is concerned about the security of user information and therefore takes reasonable steps to protect it. However, King of App cannot guarantee absolute security.
and confidentiality of the information that the user provides through the Platform.

Other legal provisions.

These Terms and Conditions bind the user of King of App with the Company, and regulate the rules of use of the Platform, the Tools and other services provided through the Web.

Modification of legal terms.

By registering as a King of App user, the user agrees that King of App may send him/her notifications regarding changes to the legal texts that regulate his/her contractual relationship with the Company. These notifications
They may be sent by email or published on the King of App website.

Translations.

These terms and conditions written in Spanish constitute the original version. In any case, they may be available on the Platform in other languages, but in case of doubt or conflict in these translations,
the provisions of the original Spanish version will always prevail.

Partial nullity.

In the event that any court with competent jurisdiction in matters relating to those set forth in this agreement determines that any of the clauses are invalid, said clause will be eliminated without affecting
to the rest of the clauses.

Applicable law and competent jurisdiction.

For any questions or disputes that may arise in relation to these terms, both Parties agree to submit to Spanish legislation and courts.