This is an important document which you must consider carefully when choosing whether to use the Services at any time.

Here are the key sections:

User Agreement
Privacy
Restricted Activities
Other Agreements
Acceptable Use
Important Information Regarding Reversals and Chargebacks

 

User Agreement
This User Agreement ("Agreement") is a contract between you and appbackr and in the case of a sale or purchase an additional agreement between Buyer and Seller may be applicable. You must read, agree with and accept all of the terms and conditions contained in this Agreement.

Since appbackr is in a beta test, anyone who uses this site agrees to use it on an “as is” basis meaning that Buyers and Sellers understand that any purchases made during this period should be considered to be for experimental purposes only.  During this period, Buyers are agreeing to accept greater risk, but this in way alleviates any of the responsibilities of Sellers. 

This Agreement will amended and will significantly increase the terms and conditions which are a part of the Agreement. The revised version will be effective at the time we post it which means that your rights and obligations will materially change.   Therefore during this period, you should only make purchases where you are willing to support the buyer and in cases where you consider that support an end in itself. 

Especially while the site is in the Experimental Phase, please consider the following factors:

• Our procedures to protect against fraud are still being developed.  You should carefully consider making any purchases from people outside of your network;
• This Agreement will certainly undergo significant change, and while we not change the economics of your contract, other terms and the parties to the Agreement may change;
• Since you are purchasing a product that may not be fully complete or even started there are significant risks, including that the product won’t be completed; that it won’t be approved by Apple or that it will fail to have commercial appeal.  All of these factors have the potential to negatively effect the economics of your purchase, meaning that you can lose money on any purchase you make and therefore care should be given when purchasing a product, especially from a seller who you do not know;

 

Buyers
When you are making a purchase, you understand that when an application is in the Concept stage it means that it has not yet been developed.  Creating applications require coding, design and other elements.  Some good ideas may not be successful because they were not conceived, coded or designed correctly to name a few.  We suggest that you are very careful when making a purchase and consider making a purchase from people who are within your network.

Delays.  A concept may be developed, but it may take longer than expected to design or code; the application may not be approved; and someone else may come up with a very similar idea which may make the product you purchased worthless. 

Less rights.  Because you are not an owner in the product, you will have less rights than you would if you are a shareholder, so even if the product is not developed, you will have limited recourse against the developer. 

Fraud.  We have not developed significant measures to address fraud.  We cannot assure you that the intellectual property for the idea is actually owned by the Developer.  There are many other risks in addition to this regarding fraud.  That is why we suggest that you purchase from people you know.

Sellers
You agree that you will:

• Only post applications that on a good faith basis you intend to complete within the time you have stated;
• That you will use your best efforts to complete the application on time; submit it to Apple for approval and if rejected by Apple use your best efforts to achieve a timely approval;
• Create applications that are based on you or your company’s intellectual property;
• Seek to ensure that your idea is commercially viable by conducting formal or informal market research;
• That you will not interfere with the queue system or seek to evade or avoid the financial commitment that is made when someone makes a wholesale purchase from you, this includes avoiding any circumvention whereby wholesale units are sold to others outside appbackr. 

 

Privacy
Your privacy and the privacy of others is important to us.  We have set out how we treat your privacy in our Privacy Policy.  You agree that you will abide by the policies that affect you and not seek to circumvent those policies, including disclosing or distributing the names of buyers.

Assignment
You cannot assign your rights to this Agreement to anyone else.

Restricted Activities
In connection with your use of our website, your Account, or the Services, or in the course of your interactions with appbackr, a User or a third party, you will not:

• Breach this Agreement or any other agreement that you have entered into with appbackr or its partners (including a Policy);
• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
• Infringe appbackr's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• Act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• Provide false, inaccurate or misleading Information;
• Send or receive what we reasonably believe to be potentially fraudulent funds;
• Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
• Attempt to receive funds from both appbackr or the bank for the same transaction;
• Use an anonymizing proxy;
• Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
• Use the Services in a manner that results in or may result in complaints, Reversals, fees, fines, penalties and other liability to appbackr, a User, a third party or you;
• Access the Services from a location outside of the US;
• Disclose or distribute another Users Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
• Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
• Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
• Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services; or
• Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.

 

Other Agreements
You agree to abide by the Terms and Conditions by any service providers or payment providers used by appbackr, including PayPal®, Google® and Citibank®.

Acceptable Use Policy for appbackr
Incorporated into the appbackr Terms and Conditions, users of appbackr agree to accept the Terms and Conditions set forth by PayPal and updated from time to time at https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render- content&content_ID=ua/AcceptableUse_full&locale.x=en_US

PayPal Acceptable Use Policy

Last Update: Oct 14, 2009

You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
Prohibited Activities You may not use the PayPal service for activities that:
1.      violate any law, statute, ordinance or regulation 2.     relate to sales of (a) narcotics, steroids, certain controlled substances or other products
that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
3.      relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing,or (g) provide certain credit repair or debt settlement services
4.      involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent
5.      violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
6.         involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Information Regarding Refunds and Chargebacks
Sellers should keep in mind this important information –
A chargeback, also known as a reversal, occurs when a buyer asks a credit card company to reverse a transaction that has already cleared. A buyer may file a chargeback with his/her card issuer based on credit card association regulations and timeframes. Although a chargeback may appear similar to a PayPal claim, it’s actually a process that is granted to a cardholder by their credit card company and initiated outside of PayPal. In a dispute over a chargeback, the decision is ultimately made by the credit card company and PayPal can’t control the outcome. 

Two common reasons for reversals or chargebacks are:

• A buyer’s credit card number is stolen and used fraudulently. •  A buyer makes a purchase, but believes that the seller failed to fulfill their side of theagreement (for example, they did not ship the item, shipped an item that was very different from the seller's description,
• or the item was damaged when the buyer received it).

 

All sellers who accept credit card payments run the risk of being liable for chargebacks. Chargebacks are among the unfortunate costs of doing business. Many sellers factor this cost into their business risk model.  In the event of a Chargeback, the Seller (Developer) is liable and agrees to forfeit the funds provided and pay any fees associated with the Chargeback. Some Developers prefer to limit their sales to people within their own network which may help to limit Chargebacks. You can elect to sell just to within your network at any time.

Buyers should keep in mind this important information -
Refund Policy. On occasion, technical problems may delay or prevent delivery of your Purchase. Your exclusive and sole remedy with respect to the Purchase that is not delivered within a reasonable period will be either replacement of such Purchase providing you the next position in the queue )which may be later than the one you originally intended to purchase), or refund of the price paid for such Purchase, as determined by appbackr. In the event that you sign up for Verification, and we are unable to verify your details after 3 attempts, we will refund to you $24.99. $25.00 is a non-refundable processing charge and cannot be refunded. Otherwise, no refunds are available.

Governing Law
[We are a Delaware company]