This legal notice is an agreement between the User and APPHIVE Inc. and is intended to regulate the content and use of the services of APPHIVE Inc. on the Website WWW.APPHIVE.IO, (hereinafter APPHIVE).

The use of APPHIVE gives you the status of user of the Portal (hereinafter, the "User") and implies full and unreserved acceptance of each provision included in this Legal Notice whenever the User access the Portal. Therefore, the User must carefully read this Legal Notice every time they intend to use the Portal, since it may be modified.

This document represents the entire agreement between the User and APPHIVE and regulates the use of the Portal, its services, its content, etc. replacing any previous agreement or contract, whether oral or written, between the User and APPHIVE. Likewise, the User will be subject to the additional terms and conditions that may be applicable when using affiliated services, content published by third parties, or third-party software.

Some of the services offered in this Portal, are governed by these general conditions in addition to the legal notices that may be inserted in the lower part of each site. You must also carefully read the corresponding Particular Conditions.

Likewise, the use of the Portal is regulated by all notices, use regulations and instructions, published by APPHIVE, which substitute, complete and/or modify this Legal Notice.

APPHIVE intends to provide users, directly or indirectly, access to a series of on-line services, including without limitation: enquiries through contact forms, subscription to a newsletter that will be sent periodically via email, online payments, informative content, personalized content, editorials, among other illustrative content to ease the user’s tasks and entertainment and enrich their knowledge.

Account

To access APPHIVE, the User must have a computer with Internet connection, either by telephone or any other technology that provides said service, which APPHIVE does not offer to users; therefore, you are responsible for the costs arising from the connection and access to the Internet. The User undertakes not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any part of the content or services in the Portal, use of the services, or access to the services.

In order to use and have access to APPHIVE, the User must create an account as described on the website. When creating the account, the User will be obliged to provide data as described on the website. The User will be responsible for the use of and access through their account, and will be solely responsible for the false statements or inaccurate information provided and the damages caused to APPHIVE or third parties due to the provided information.

As soon as you know or have reasons to assume that your Account and/or data has fallen into the hands of unauthorized third parties, you must inform APPHIVE immediately to the email [email protected], in addition to your obligation to take the necessary legal measures, such as changing the password.

When creating an APPHIVE User account, access is private and the User has access to a variety of services that allow the creation of dynamic mobile applications (apps) without the need to write code or program, and the User can save templates at various levels: components, elements of the app as images: icons, text, etc. Functions such as: links, GPS, database, etc. Independent screens such as: login, home, store, etc., (hereinafter the Service or Services). You may use the Services for personal or business purposes, in private or public mode.

When saving the app, it remains private and can only be viewed or edited with the unique access of each User. If you want someone else to visualize your app, you can do so by sharing your access, this being the direct responsibility of the User and not of APPHIVE.

In the Free mode, the User can use all the functions to develop the app without needing any payment. If the User wants someone else to visualize their application, it must be published. The publish button refers the User to the various payment plan options that APPHIVE has. When publishing, in Free mode, the App becomes a free template for other users to use within the website.

If you have a free subscription and remain inactive (without any access to your account) for more than 3 months, a reminder notification is generated. After 6 months of being inactive, all content that is not published will be deleted.

If you want someone else to visualize your App, it must be published. The publish button opens several payment options: ENTREPRENEUR, PREMIUM and UNLIMITED and the costs can be found in the portal.

a) Private or Entrepreneur Plan. When publishing and paying the ENTREPRENEUR plan, other users can view the app thanks to the renderer, however, if the User so decides, it can not be used as a template for other APPHIVE users.

b) Premium Plan. When publishing and paying the PREMIUM plan, other users can view the app thanks to the renderer, and it can be a private template, if the User so decides. In addition, it can be published in the Play Store and the APPHIVE store (if the User accepts).

c) Unlimited Mode. When publishing and paying the UNLIMITED plan, other users can view the app thanks to the renderer, and it can be a private template, if the User so decides. In addition, it can be published in the Play Store, App Store and the APPHIVE store (if the User accepts).

Privacy policy

The personal information that you provide to APPHIVE through the Service is governed by APPHIVE's Privacy Policy and Users may access it from any page of our portal. Users are responsible for maintaining the confidentiality of their username, password and other confidential information, they are responsible for all the activities carried out in their user account and in case of unauthorized use of their account, the Users will have the obligation to immediately notify by email to [email protected] or call to any of the numbers listed at https: // www.apphive.io. APPHIVE is not responsible for any damages to the User or third parties incurred as a result of any unauthorized access and/or use of the user's account.

Minors

Anyone under 18 years who become APPHIVE Users must have the prior consent of their parents, guardians or legal representatives, who in turn will be fully responsible for all acts performed by minors under their care. They will also be responsible for determining what content and services are suitable to be known by the minors.

Access and use of the content and services in the Portal

The User acknowledges and accepts that the intellectual property of all information, data, texts, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly announced or privately transmitted, are property of APPHIVE.

If the User decides to make use of any service or tool that allows the User to publish any information or content on the Portal, the User commits and is bound to use the APPHIVE tools in accordance with the applicable laws, the moral, good customs, public order and the contents of this Legal Notice.

Including without limitation, the User agrees and is bound not to use the Services to:

- enter, publish, send by email or otherwise transmit any Content that goes against applicable laws, morals, good customs or Content that harms, threatens, abuses, attacks, defames, slanders, violates the privacy of third parties, generates racial and/or ethnic and/or religious hatred or in any other way is contrary to what is established in this User Agreement, in which case APPHIVE may, immediately upon becoming aware of such use, suspend User Services, and the User will have five days to remedy said use or to express to APPHIVE what is convenient thereto;

- impersonate another person or entity, introduce false, altered or distorted data causing error, confusion, misunderstanding or deception;

- forge headings or otherwise manipulate identifiers to conceal the origin of any content transmitted through the Services;

- enter, publish, send emails or otherwise transmit any content that you have no right to transmit under any law or under any contractual or fiduciary relationship (such as inside information, proprietary or confidential information known or disclosed as part of a labor relationship or under confidentiality agreements);

- enter, publish, copy, profit with and/or send emails or otherwise transmit any content that infringes any copyright, patent, trademark, trade secrets, reproduction rights or any other right of industrial and/or intellectual property of any third party and/or of APPHIVE;

- introduce, publish, send emails or otherwise transmit any advertising, promotional material, junk mail, chain letters, scam pyramids, or any other form of offer, except in those areas of APPHIVE expressly designated for that purpose (for example, sectors of car advertisements);

- enter, publish, send emails or in any other way transmit any material that contains viruses from computer programs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer program, hardware or telecommunications equipment;

- interrupt the normal flow of dialogue, cause rapid scrolling of the screen at a speed at which other users of the Services are unable to write with the computer keyboard, or otherwise act in a way that adversely affects the ability of other users to interact in real time (real time exchanges);

- interfere with or interrupt the Services and/or the servers or internal networks connected to the Services; infringe any applicable law in the national territory, be it municipal, provincial, local, state, federal or international law, including without limitation, regulations promulgated by any Stock Exchange in which specific stock exchange transactions are made and/or any another similar, as well as any regulation in force, either intentionally or unintentionally;

- in any way, harass another person;

- collect or store personal data about others; and,

- enter the personal services of other people and access their personal information, email account, etc.

- any other activity that is contrary to good customs.

The User accepts that it is the sole responsibility of the Users to evaluate and take the risk associated with the use of any Content, including that related to the accuracy, completeness or usefulness of the Content; therefore, you expressly acknowledge that you can not rely on the content made available by APPHIVE.

Likewise, the User acknowledges and accepts that APPHIVE may maintain and keep in its files personal information, User Content and Open Forums and may also disclose it due to a mandate of law and/or if required by a competent authority or if in good faith such maintenance or disclosure is considered reasonably necessary to serve as evidence in legal proceedings, whether administrative or judicial; the User also commits to comply with the content of this document, respond to claims that involve any content that violates the rights of third parties, or protect the rights, property, or safety of APPHIVE and its Users and society in general.

Concerning the use of specific Services contained in APPHIVE and the Open Forums, the User must abide by the provisions of this Legal Notice and, and consult and adhere to the Specific Agreements in each of the Services.

Likewise, the User must abstain from using the Content illegally, for purposes or effects contrary to the applicable laws, the place of residence of the User, and/or the place from which the Services are accessed, the moral, good customs and/or public order: also abstain from reproducing, copying, distributing, allowing public access through any form of public communication, transforming or modifying the content, without having the prior authorization of the owner of the corresponding rights, deleting, evading or manipulating copyrights, trademarks, patents, and other identifying data of the rights of APPHIVE or of its holders incorporated to the Content, as well as the technical protection devices, fingerprints or any other mechanisms of information that the content may contain; and abstain from using the content and, in particular, information of any kind obtained through APPHIVE or the Services, to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages directed to a plurality of persons regardless of the purpose, as well as to abstain from marketing or disclosing in any way said information.

APPHIVE states and the User accepts that the download of any content in the Portal, or through any of the services provided by APPHIVE, performed by the User, will be at their own discretion and risk, therefore, the User will be solely responsible for any damage to their computer equipment, any of its accessories or system, as well as the loss or impairment of data contained therein.

Users who decide to send or publish any type of content, whether photos, texts, videos, graphics or any other, to be included within the Portal in the general access areas, accept and agree to grant APPHIVE the universal, in perpetuity, irrevocable, non-exclusive and totally sublicensable right, as well as the license for the use, reproduction, modification, adaptation, publication, translation, the creation of works derived from the original, distribution, execution and presentation of said Content in whole or in part, to incorporate it into another work in any form, means, or technology now known or developed later.

If you do not agree with that stated in the preceding paragraph, you must refrain from sending Content and/or material not requested by APPHIVE.

The User must refrain from obtaining and even trying to obtain content through APPHIVE or the Services through means or procedures other than those that, as the case may be, have been made available for such purpose or have been indicated for this purpose in the websites of the Portal in which the Contents are found, or in general of those that are normally used on the Internet for this purpose.

Complaints

If APPHIVE receives a complaint from any person against the User regarding their activities as part of the use of the Services, or any complaint of illegal use of trademark, illicit content or other irregularities that other users observe in Apps created in Apphive, they may report them to [email protected] and APPHIVE will send the complaint to the main email address of their user account. The User must respond directly to the person making the claim within 10 days of receiving the complaint that APPHIVE sent. If the User does not respond within 10 days of receiving the email from APPHIVE, the latter may disclose their name and contact information to the claimant so that the claimant may take legal action against them. The User states that the lack of response to the complaint submitted within the time limit of 10 days will be interpreted as their consent to the disclosure of the User’s name and contact information by APPHIVE to the claimant.

Modifications, cancellation, suspension and termination of services

The provision of the Portal service and of the other Services has an indefinite duration. However, APPHIVE may terminate or suspend the provision of the Portal service and/or any of the services at any time, without prejudice to what has been provided in this Legal Notice or the corresponding Conditions established for each service in the particular.

You are responsible for the cancellation of your own account. A request by email or telephone to cancel your account is not considered a cancellation. You can cancel your account at any time by following the instructions on the platform.

All your Content will be removed immediately from the Service at the time of cancellation. This information can not be recovered once your account is canceled. APPHIVE is not and will not be responsible for the loss of any Content.

If you cancel the Service before the end of your current payment period, your cancellation will take effect immediately and you will not be charged again. There will be no refund of unused fees. APPHIVE does not commit to warn the Users prior the modification, cancellation, suspension or termination of the Portal services.

Regarding the services requiring previous registration of the User, APPHIVE may at any time cancel or discontinue your password, account (or any part of it) or your use of the Service and remove or delete any Content within the Service for any reason, including without limitation, the lack of use, or in case of considering that the User has violated or acted against this document or the essence of the Portal.

Therefore, the User accepts that APPHIVE will not be responsible in any case before the User or third parties for any termination of their access to the services. APPHIVE will have the right to modify or discontinue the content of the Portal or any of its services or any part thereof, temporarily or permanently, at any time and periodically.

APPHIVE will not be liable to users or third parties for any modification, suspension, or interruption of the Service.

APPHIVE may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who fail to comply with the provisions of this Legal Notice.

Publicity and links to other websites

APPHIVE offers through its Portal links to other websites, outside APPHIVE, through links, banners, buttons or other devices that allow the User direct access to the aforementioned sites, in order to provide the User with access thereto and their content. APPHIVE will not be responsible for the damages that derive from: the operation, availability, access or continuity of the sites to which it provides links.

The maintenance of information, content and services of the sites to which it links, as well as the publication of content and provision of services in the aforementioned sites are unrelated to APPHIVE.

Fees and refund.

All prices related to the Service are subject to change by APPHIVE at any time, without prior notice and without any liability for APPHIVE.

Unless otherwise agreed upon by APPHIVE, a valid credit or debit card is required to pay the subscription plans or through pay pal.

Once the user has their app in stores, they must pay the plan each month to continue in it. The Billing Service will automatically issue the invoice with the information that the User provides to APPHIVE. If APPHIVE stops receiving the payment, the User has a lapse of 10 days before the app is blocked and the User stops viewing it.

When you stop paying the plan, the content is blocked, the User's content will not become a Template to be used by APPHIVE, or any other user of the platform, the only way to continue editing is by: paying or making it in free mode, in the latter case, it could be shared in APPHIVE but not in stores.

When the App is published in Google Play and App Store, they may deny the publication of the app due to irregular or illegal content. APPHIVE is not responsible for the rejection from stores, however, we are required to notify the user what were the reasons for the rejection, so you can correct your app or work on a new project if you wish.

If the publication is not made due to a technical matter it will be evaluated by APPHIVE to find out if it is a design matter of the app.

To upload the app to the App Store and Play Store, each user must create an account, upload the information to the platform so that the system uploads the apps to the accounts. Additionally, it is the responsibility of the user to pay the fee of each appstore.

The fees do not include taxes, levies or tariffs imposed by the fiscal authorities, and the User will be responsible for the payment of all those taxes, levies or tariffs.

Payment plans are at Project Level, meaning, you can have several apps in the same project, and all of them will share the storage and bandwidth limitations assigned to the project.

APPHIVE's refund policy is 5 calendar days after payment, as long as the User requests a refund within this term by sending an email to [email protected].

Intellectual Property

The User accepts and agrees that the Service and any necessary software used in connection with the Portal contains confidential information protected under the applicable intellectual property laws and other regulations.

Likewise, the User accepts that the content included in advertisements of sponsors or advertisers or information published through the Portal, brands, logos, photos or advertisements are protected by copyright, trademarks, service marks, patents and other rights and property laws. Except as expressly authorized by APPHIVE or its customers, the User commits not to modify, rent, lease, loan, sell, distribute or create works based on the content or the software, partially or totally.

The User is obliged not to modify the content in any way or to use modified versions thereof, including without limitation, obtaining unauthorized access to the services and restricted contents of the Portal.

Therefore, the user undertakes not to enter the Portal by any means other than the user interface provided for that purpose by APPHIVE.

APPHIVE respects the intellectual property rights of third parties, so its users are bound to respect them as well.

All content published on the Service by the User must comply with US copyright laws and other intellectual property laws. The unauthorized use of trademarks is not the responsibility of APPHIVE, however, the User may generate reports of illegal use of trademarks or any intellectual property right in writing to the APPHIVE contact email or through the contact form.

APPHIVE does not deliver code, files or database of the App. Meaning, the app can not be migrated from the platform, nor the code can be extracted for external development, although the user can export their data through the platform panel.

The use of the templates, their publication and content are the responsibility of the users and any misuse, reserved rights, illegal content etc. shall be removed, it can be requested by email or on the platform.

The content of the apps and the data collected are the responsibility of the person designing the app as well as the correct establishment of security rules. The User may register their App with Copyright, and if the App has a Hardware, it may be susceptible to Patent registration.

APPHIVE does not claim intellectual property rights over the material it provides to the Service. As for the User and APPHIVE, their profile and the uploaded materials remain the User's property, however, when sharing their pages, apps, databases, scripts or other resources, they accept that others see and share their Content in accordance with the policies of APPHIVE. APPHIVE is not responsible for the use of your Content by other Users.

APPHIVE does not preselect the Content and is not responsible for the Content of the User. However, APPHIVE is the sole and exclusive owner of all ownership rights and titles in the Service, as well as the name, brand and logo of APPHIVE. Its use in the Service does not confer property rights or other rights to the User.

You agree that you will not modify, adapt, copy the Service or modify any other website to falsely imply that you are associated with the Service, APPHIVE.

Notice about financial information published on the Portal

If APPHIVE publishes on the Portal any information related to financial matters, it will be for informational purposes only, and not for commercial or investment purposes, therefore, APPHIVE will not be responsible for the veracity, use, or availability of any information published in this sense in the Portal.

Therefore, APPHIVE will not be responsible or will have legal obligation for any commercial or investment decision that the User makes based on such information, including without limitation, the news, messages, warnings or any other information about companies, stock quotation, investments or securities.

Compensation

The User undertakes to compensate and keep APPHIVE, its subsidiaries, affiliates, officers, agents, associates or other partners and employees harmless from any claim, including attorneys' fees, made by a third party due to the content, or arising from the content that the User publishes, presents, announces or transmits through any of the services offered by APPHIVE, the use given to the service, their connection to the service, their violation of this Legal Notice or the specific Conditions of services, or their violation of the rights of a third party. APPHIVE provides the following email address: [email protected] to receive notices and communications. Notices or communications sent to an address other than that indicated will not be considered effective.

Liability limitation

The User accepts that APPHIVE, in no case whatsoever, will be responsible for any loss or consequential, indirect, special, punitive damages or other damages, or loss of business profits, commercial interruption, or other damages arising or caused by the improper use of the service, even if APPHIVE has been notified of the possibility of such damages. In no case, APPHIVE will be responsible before the User.

External suppliers

APPHIVE uses external suppliers and hosting partners to provide the Service. The platform is installed on the Firebase server, therefore, the availability of the platform is transferred to the terms of Firebase https://firebase.google.com/terms/service-level-agreement?hl=es-419

In case of updates to the Operating System or Software versions, users will be notified by email and they must authorize and implement said update in their App.

APPHIVE has established relationships with third parties that provide services or products (such as API and web services, developer tools and operating systems) that may help to use the Service and are companies that passed a use certification process of the platform. APPHIVE can establish similar additional relationships in the future. Such third-party products and services may be available through the APPHIVE website, or through links provided by APPHIVE, or directly from the third-party supplier.

Under no circumstance the activities, collections or tasks carried out by said suppliers are the responsibility of APPHIVE, and if any rule is violated, it is possible to report it through the contact email of APPHIVE.

To use such third-party products or services or to increase the functionality of the Service, you may be required to provide certain personal information, including without limitation, passwords, certificates and/or authorizations.

The connection to other platforms through API will be the responsibility of the users that use them. APPHIVE is not responsible for anything that has to do with third-party platforms.

Jurisdiction and aplicable law

If the User and APPHIVE do not resolve any dispute and/or disagreement arising from this legal notice through informal negotiations, any other effort to resolve the dispute will be carried out exclusively by binding arbitration regulated by the United States Federal Arbitration Act (FAA). The User is waiving their right to litigate (or participate in litigation as a party or member of the class) in all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except if there is a limited right of judicial review under the supervision of the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's judgment.

Customer service

To contact our Customer Service, use any of the following options:

1.- Go to the Frequently Asked Questions section available on our Website.

2.- Send a message to the email: [email protected]

APPHIVE reserves any right not expressly stated in this document.

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