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King of App

Terms and conditions

Terms

King of App SL (hereinafter, “King of App” or the “Company”) offers the service of creation, design and publication of Plugins and mobile applications. These terms apply to users of the Web, whether they are registered users.
as if not. Therefore, if you do not agree with these terms, you will not be able to navigate or use our website, since doing so implies accepting them.

The terms of this agreement may change over time. It is your responsibility to access this page periodically to keep up to date with updates.

Purpose 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, domiciled at C / Vallnivel, 47 – 25006 Lérida (Spain) and CIF
B-25769498, registered in the Mercantile Registry of Lleida, volume 1,361, folio 130, page No. L-27,245. The user can contact King of App through [email protected] or at the
phone 639976926.

Definitions. 

Author / s: registered user under whose profile a Complement is offered for sale, as the owner of the rights over it.
Plugin, 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 repository, closed source, not accessible by any type of user, which is executed on the Platform to generate the configuration file from which an application is built
mobile.
Tools: refers to the Configurator and the Viewer, as two software programs owned by King of App that run on the Platform and participate in the process of creating and designing Plugins
and mobile applications.
Platform, Web: it is used to refer to the website as a whole in which King of App provides its services and offers its products.
Viewer: computer program that builds the mobile application from the configuration file.
Registration and registration in 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 in King of App implies acceptance of these Terms and Conditions and all legal texts available on the Web, which are incorporated by reference.

Anyone who is legally of legal age in their country of residence may register in King of App. Minors must do so 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 minor's actions on the Web.

Identity, veracity and security of the profile.

The user declares the veracity of the data and that in no case will they make fraudulent use of them, nor will they supplant the identity of third parties or act on behalf of third parties with respect to whom they do not exercise functions of
representation.

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

High and registration in 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 in King of App implies acceptance of these Terms and Conditions and all legal texts available on the Web, which are incorporated by reference.

All those people who in their country of residence are legally considered of legal age can register with King of App. Minors must do so 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 acts 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 they make fraudulent use of them, nor will they impersonate the identity of third parties or act on behalf of third parties with respect to whom they do not exercise functions of
representation.

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

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 Plugins, mobile applications or to the services you use, such as the insertion of advertising spaces with information from third parties 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 such advertisements, provided by an ad provider outside of King of App.

King of App may offer some services that will allow the user to obtain economic income, either through the direct sale of the Add-ons or mobile applications distributed through King of App or by the insertion of third-party advertisements within them. For the perception of said income, the user must provide King of App with their real tax data and guarantee that they are in a legal position to be able to receive
said 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
payment methods and provide King of App with the necessary data to be able to start up 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 Complements offered by King of App. These services imply a cost
additionally that must be paid to King of App before being able to activate them.

Renovations

By default, all subscriptions will be automatically renewed for the same contracted period once you see

The term initially established for said services begins. The user can 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 types of 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. Said products and services may be subject to specific terms and conditions that may be presented at the time.
of the purchase.

Purchasing process.
Acceptance.

The user will have a section called “Cart” on the dashboard where they can see the summary of the items they have purchased, their price and the total amount of the purchase. Prior to accessing the payment platform,
the registered user must fill in the details of their invoice. If the user agrees, they can continue the process through the PayPal payment gateway, by clicking on “Buy with PayPal”. Then you will need to enter
your user of this platform or carry out the payment by card, selecting the corresponding option. 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 the total acceptance of each and every one of the Terms and Conditions as shown on the website at the time of purchasing the products. The news that may occur in the clauses later will not be applicable.

Mistake correction.

If the user made an error when placing the order, they must contact King of App through any of the means indicated in these terms or on the Web.

Receipt confirmation.

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

Exemplary for the user.

If the user wants to read the terms and conditions in more detail, they can print them on paper or save the document in electronic format.

Idiom.

The language of perfection of this contract is Spanish. Please check the Spanish version, if the translation is correct.

In legal terms, the Spanish version will be the official.

Intellectual property.
Web page 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 does not
otherwise stated. King of App reserves all intellectual property rights on 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 an 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 owner and author, not having the right to user to modify or misuse it.

Accessories.

The user who creates and/or publishes a Plugin in King of App declares to be the owner of the intellectual property rights necessary for it. In addition, it is recognized as responsible for these creations and the content.
that he includes in them. If you use content whose intellectual property belongs to a third party, the user must have sufficient authorization from the third party. In case of not having authorization said, the user of
King of App will be responsible for any intellectual property conflict that may arise.

The Plugins 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 or
complete) that the Author has chosen, but in no case is property over them being transferred. Likewise, these contents will be licensed
to the end user of the mobile application in which they are included, through the end user licenses in the different distribution platforms.

Licenses for the use of King of App Tools.

The King of App Platform is composed of a series of IT Tools that allow the user to create, edit, publish or sell Plugins, as well as integrate them into mobile applications for sale through
from different distribution platforms. Use of these Tools is subject to license conditions, 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 it is registered, a worldwide, non-exclusive and non-sublicensable or transferable license, limited to the execution of the App Configurator, property of King of App, with the
goal of creating and/or editing Plugins on the King of App Platform, for subsequent integration into mobile applications. In no case is its execution authorized outside of what is essential to comply with its function, being especially its use prohibited outside the web builder. Regarding its source code, the rights of access, modification, making backup copies, decompilation, are fully reserved, or reverse engineering 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 use licenses allow the user to create, edit or publish Plugins and mobile applications for commercial purposes.

Promotional uses.

King of App may use for promotional purposes all or part of the applications or Plugins created on the Platform, 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 acts, in publications on social networks, newsletters, and other means of communication, for the benefit that it may entail 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 Plugins or mobile applications whose content:

  • Infringes the copyright or other rights of third parties (trademarks, privacy rights, image rights, etc.)
  • It has racist, violent, defamatory or discriminatory connotations towards individuals or groups.
  • Exploit minors.
  • Denote illegal acts or extreme violence.
  • Denote animal abuse or extreme violence towards animals.
  • Promote fraudulent actions and business models.
  • Violate any law 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 privacy, 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, being the user in question the sole and exclusive responsible for any infringement of any law.

Users of the Web, both registered and not, may communicate to King of App the existence of Plugins, mobile applications or any other elements that they consider violate their rights, rights of third parties, content restrictions or that are in any way conflicting.

Faculty of review.

King of App has no obligation to review the Plugins, mobile applications or other content that users publish on the web, but it 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 generators of possible conflicts.
with third party rights.

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

Withdrawal of Complements.

In addition to those other causes indicated in these Terms and Conditions and in other legal texts of the Platform, King of App may withdraw (suspend, interrupt) those Complements that, at its own discretion, complaint from other users, third parties or competent authorities, it is considered that they may be a source of or contain:

  • Violations of the rights of third parties.
  • Violations of the legal texts of the Platform.
  • Malicious content or that may cause damage of any kind (for example, technical, computer, economic, moral...) to users, their customers or their mobile applications.
  • When a Plugin is withdrawn, the user will receive a notice in the alerts section. The withdrawal will prevent the user from compiling the mobile application.

Maintenance and updates.

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

Each Author is responsible for providing a maintenance service:

Corrective, consisting of all those operations to correct or repair software failures. These maintenance tasks will be carried out after the failure has been presented and will have the purpose of the operation
correct of it.

Complementary cancellation.

If the Author wants to stop offering the Plugin on the Platform, he may unsubscribe it at any time, after which it will no longer be offered for sale. Regarding users who have acquired it before, you must continue maintenance for the remainder 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 unsubscribe the Plugin, but does not perform the necessary maintenance or updates, King of App will notify you in writing, giving you 15 calendar days to perform the maintenance.

If in those 15 days it is not correct, King of App will make a second notification, which will open a last extension of another 15 days. If after this notice the corrections are not applied, King of App may carry out any of the following measures:

Eliminate the Complement from the Platform, without assuming any responsibility for the damages that this may cause to the Author or its clients.

Intervene the Plugin to take care of the maintenance and corrections to preserve its functionality and suitability, either until the Author assumes these obligations again or until the expiration of the period of 1 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 from these cases of abandonment. For this reason, as a preventive measure against a possible breach of the guarantee, and in order to cover the costs that such breach would generate, there are two scenarios A) and B):


Down Payment.

After the third notice, King of App will cancel the Plugin and will assume the maintenance that the Author should have provided, for those users who had purchased the Plugin before and still have the current guarantee.

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


Calculation of the minimum amount:

The calculation of the minimum amount will be done daily. As a minimum, the amount equivalent to the sum of twice the price of each of the Author's Add-ons will always be held. This minimum withholding is charged

to the first sales, so the Author does not have to enter that money in advance.

However, this minimum amount may be replaced by the one indicated below, when it is higher: 10% of the total amount of sales made by the Author the previous month.

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


Retention Duration:

The retention of the minimum amount will be made for twelve months from the retention date, being released when that term is fulfilled.

Settlement of commissions when opting for the guarantee deposit:

The minimum €60 of the commission clause is computed once the guarantee deposit has already been paid.

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


Estimated unit cost.

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

After the third notice, King of App will assume maintenance for all users who have purchased the Plugin or who purchase it later.

King of App, if it is appropriate, will cover the costs of this maintenance option by retaining the existing balance and the amounts that accrue from sales, until the actual cost of the hours dedicated is covered.

to maintenance, at which time the Plugin will be terminated.

If the Author decides to assume the maintenance again before this withdrawal occurs, he must pay the cost of the hours that the balance of the sales has not yet covered. The maintenance cost 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 the distribution platforms:


Get the source code and have the compilation and publishing done by the user.

Contract the compilation and publication on the distribution platforms under the King of App developer profile. This service is governed by specific terms, detailed in the document of

build and publish service.

Web service level agreement.

The Platform, Tools, Plugins, mobile applications and other information related to users are stored in aremote server and are accessible from any computer connected to the Internet by making

use of compatible navigation software. The servers where the information is stored are contracted to a provider outside King of App, who will set the conditions of availability and resolution times

of incidents.


Service availability.

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

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


Causes that do not compute for the calculation of availability.

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


Causes of force majeure.

Viruses or computer attacks.

Faults due to incorrect or incompetent use by the user.

Stops to execute maintenance of the Platform.

Unavailability due to incidents or problems in the client's computer equipment or 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 try to reactivate the service in less than twenty-four (24) hours.

The reactivation time is defined as the time that elapses between the current knowledge of the incident by King of App and 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 established in the corresponding clause of these terms.

Regarding the Plugins developed by the Company, King of App guarantees only their proper functioning. When the user is a consumer, the legal minimums will be respected.

Warranty exemptions.

King of App only guarantees those paid Add-ons that are owned by King of App. Thus, these guarantees do not operate with respect to products or services that have been published by third parties.

King of App does not offer a guarantee regarding errors or vices 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 them, interrupt them), for the reasons it deems.

No warranty of any kind is provided for the Free Plugins.

King of App does not offer a guarantee when errors or incidents are due to incorrect use, by incompetent people or in inadequate environments, equipment or computer programs.

Disclaimers.

King of App is not responsible for damages of any kind, suffered by users or their clients, which have their origin in 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 that the user will not be able to sue

to King of App the 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 introduces

in its services or products; (II) any corruption or storage failure caused by mistransmission of data or error in computer systems; (III) misidentification of your account

registered user; (IV) the misuse that you make of your password allowing third party access to your user account.

Guarantees and responsibility of the Authors.

Commitments

The Author is fully responsible for the Plugins he publishes. For this reason, the Author has a series of commitments or guarantees towards King of App and the rest of the users:

About the functionality of the Plugin and its suitability to fulfill the usefulness indicated in its description. This warranty does not extend to changes made or introduced by the user.

About the absence of errors or hidden defects that could or should be known as the Author of the Complement.

About ownership or sufficient rights to legitimately license the Add-ons.

About compliance with these terms of use and other applicable laws or legal terms.

About the absence of viruses, malicious programs that can damage or destroy the computer equipment or devices of its users.

Responsibility.

The Author is responsible for all damages arising from the Plugins that are under his profile, as well as all claims that other people may make based on intellectual property infringements.

that exists or has been produced in or through your Plugins.


User commitments.

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


License Notices and Attribution Notes.

In some cases the Plugins include indications as to who the Author is, as well as license notices. Both must be respected and maintained by the user, since deleting or altering them may result in

yes an infringement of intellectual property rights of its authors.


Modifications introduced.

The user can customize the Plugin to suit the needs of his Application. These modifications are made under his initiative and criteria, so they are under his guarantee and responsibility. A) Yes,

will be liable for any damages that may be caused to King of App, other users of the Plugin or end users of the Application. Likewise, the user guarantees the operation, suitability, maintenance

and update of the modifications that he has made.


Indemnity.

The user of King of App shall indemnify the Company against any claim or demand of a third party that: (I) is related to any use of King of App by the user in question; (II) state that

any product, service, content or application created or published by the user of King of App violates any type of law or rights of third parties, especially intellectual property; or (III) assert any

violation by the user of any of the clauses of this agreement.


Trade policies.

Price.

The price paid by the user for a Plugin is made up of:

Retail price. This amount is decided by the Author and is the one that appears in the Complement file. It consists of:

Brokerage commission of 30% corresponding to King of App.

License price, the remaining 70%, as compensation to the Author.

Transaction costs. It refers to management or bank charges that may be associated with payment methods.

Taxes applicable to the transaction.

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


Commissions and settlements.

The balance of the Author's account will be paid at the Author's request, 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 effective on the 30th of the corresponding month. The financial charge that may be for the payment of the balance corresponds to the Author. The currency of payment will be euros.


Shopping.

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

of payment.


Faulty plugins.

The user who argues a defect in any of the payment Complements that he has acquired, must first prove the existence and origin of the defect, and secondly that this defect would not have been possible.

detect it during the process of selecting and testing the Plugins on the Platform, prior to purchase. The user has 15 (fifteen) calendar days, from the acquisition of the Complement, to make

exercise this right. The user who has acquired a paid Complement that has proven to be defective, may opt for the repair of the error or the refund of the price paid.


Refunds.

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

The following are expressly excluded as reimbursement assumptions:

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 make use of the purchased product or service.

The mobile application resulting from the compilation process has not passed the evaluation of the corresponding distribution platform, for reasons unrelated to the software provided by King of App.

The refund will be managed between the user and the Author. King of App will intervene in the event that an agreement is not reached, to evaluate the case directly. In case it is approved, King of App reserves the right to deduct from the Author's account and to pay the user those amounts that he owes as reimbursements. The refund will be made by the same means of payment as the purchase.

Fraud: identity theft and use of false data.

Any purchase made under a creden

Discounts and promotions.

King of App may offer Plugins within special promotions or discounts. When the discounts involve a reduction in the license price, the Author will be notified first to see if he is interested.

to participate in the promotional action.

The Author who wishes to occasionally offer his Plugins at a discount 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 Complements, it is not possible for the user to exercise the right of withdrawal once he has purchased the product. The purchase is equivalent to the activation of the product. Only

a refund will occur 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 illicit 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, canceled or deleted if King of App considers that any illicit content has been created or uploaded to the Platform through it, or that it may be infringing.

of any of the clauses of this agreement or of other legal texts of the Platform, as well as those cases in which the conduct of the user could 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 can cancel their user account at any time. By canceling your account, you will no longer be able to access the username and password, and the Plugins that have been published will no longer be

available.

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

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

In the event that the cancellation takes place before the expiration of the term of the active subscription, the amounts paid or the part corresponding to the pending days will not be refunded.

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

The user who, when canceling his account, wants to withdraw his entire balance, but it does not exceed the amount of €60, will assume the costs of the transaction.


Confidentiality of information.

King of App cares about the security of users' information and therefore takes reasonable steps to preserve it. However, King of App cannot guarantee the absolute security

and confidentiality of the information that the user provides through the Platform.


Other legal provisions.

These Terms and Conditions link 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 user of King of App, the user accepts that King of App may send notifications regarding changes in the legal texts that regulate their contractual relationship with the Company. These notifications

They may be by e-mail 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 version in Spanish will always prevail.


Partial nullity.

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

to the rest of the clauses.


Applicable law and competent jurisdiction.

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



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