Date of Last Revision: November 6, 2019
Backendless Corp. (“Backendless,” “we,” “us,” “our”) provides its services (described below) to you (“Developer”) through this website (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
- Access and Use of the Service
- Services Description: The Service is designed to provide developers with a backend technology stack for creating mobile, browser-based and desktop applications (each an “Application”).
- Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Backendless of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Backendless will not be liable for any loss or damage arising from your failure to comply with this Section.
- Modifications to Service: Backendless reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Backendless will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- General Practices Regarding Use and Storage: You acknowledge that Backendless may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Backendless’s servers on your behalf. You agree that Backendless has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Backendless reserves the right to terminate accounts and application(s) that are inactive for a period of time not less than 2 (two) months. You further acknowledge that Backendless reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- App Pruning. Backendless reserves the right to delete applications without any API or developer activity. Such applications are considered stalled and are removed to preserve system resources.
- No Guarantees. You acknowledge that although Backendless makes every possible effort, there are absolutely no guarantees for the QoS (quality of service) such service uptime and API response time.
- Support Policy. There is no guaranteed response for support without a support contract. Support options available for the service are defined in the Support Policy.
- Conditions of Use
- User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Backendless. Backendless reserves the right to investigate and take appropriate legal action against anyone who, in Backendless’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- create an application or upload or email any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Backendless, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Backendless or its users to any harm or liability of any type; or
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- create more than one application in the Free plan with the same database structure and/or same file repository contents and/or same server-side business logic. This restriction does not apply if your applications are on a paid plan; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- use machine-generated user identities; or
- solicit personal information from anyone under the age of 18; or
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
- Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to provide Backendless information regarding your credit card or other payment instrument. You represent and warrant to Backendless that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Backendless the amount that is specified for the product/service being purchased in accordance with the terms of the product/service and this TOS. You hereby authorize Backendless to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Backendless know within sixty (60) days after the date that Backendless invoices you. We reserve the right to change product/service prices and any free/paid limitations of the service. If Backendless does change prices, Backendless will provide notice of the change on the Site or in email to you, at Backendless’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Backendless may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Backendless thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Backendless’s net income.
- Refund Policy. All payments for Backendless products and services are non-refundable.
- Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
- Intellectual Property Rights
- Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Backendless, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Backendless, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Backendless. The BACKENDLESS name and logos, API Engine, CodeRunner are trademarks and service marks of Backendless (collectively the “Backendless Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Backendless. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Backendless Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Backendless Trademarks will inure to our exclusive benefit. You agree that Backendless may list your company name (including by displaying any company trademark) and identify the business relationship between the parties on the Backendless website and in other marketing and advertising collateral.
- Third-Party Material: Under no circumstances will Backendless be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service. You acknowledge that Backendless does not pre-screen content, but that Backendless and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Backendless and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Backendless, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- User Content Uploaded to the Service: You are solely responsible for the code, Applications, content and other materials you upload through the Service or share with other users or recipients (collectively, “User Content”). Backendless makes no claim of ownership or control over your User Content. You acknowledge that you are solely responsible for securing and backing up your User Content. Further, you will not upload any code or content that you did not create or that you do not own, have sufficient rights to, or have all right, title and interest in and to, including, without limitation, all copyright contained therein. By uploading any User Content you hereby grant and will grant Backendless and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content solely in connection with the operation of the Service, in any form, medium or technology now known or later developed. Further, by creating an Application through use of the Service, you grant and will grant Backendless and its affiliated companies a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Backendless to provide you with the Service. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Backendless are non-confidential and Backendless will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Backendless may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Backendless, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Copyright Complaints: Backendless respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Backendless of your infringement claim in accordance with the procedure set forth below. Backendless will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Backendless’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: Backendless Corp.
7250 Dallas Parkway, Suite 400,
Plano, TX 75024To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Dallas County and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Backendless will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Backendless has adopted a policy of terminating, in appropriate circumstances and at Backendless’s sole discretion, users who are deemed to be repeat infringers. Backendless may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Third Party Websites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Backendless has no control over such sites and resources and Backendless is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Backendless will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Backendless is not liable for any loss or claim that you may have against any such third party.
- Third Party Services: You may enable various online services to be directly integrated into your Backendless applications. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Backendless will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within your account. In addition, Backendless is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third-party services. As such, Backendless is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. Backendless enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
- Indemnification; Limitation of Liability
- General Indemnification. Developer shall indemnify, protect, defend (at the Developer’s exclusive option and direction) and hold harmless Backendless, its officers, employees, servants, agents, distributors, resellers, partners, successors and assigns, from and against all claims, liabilities, losses, judgments, actions, administrative proceedings, costs, penalties, fines, damages and expenses (including, but not limited to, attorneys’ fees, consultants’ fees, court costs and any other expenses) (collectively the “Claims”), including, without limitation, claims for any type of monetary or economic damages (of any kind or nature), bodily injury, harm, sickness, disease and death, claims based on strict liability and claims for property loss or any other damage, to the extent arising from the proven: (i) negligence, acts or omissions of Developer, its employees, contractors, subcontractors, servants or agents related to, or arising from, these Terms of Service; (ii) misuse of the Service by the Developer, its employees, contractors, subcontractors, servants or agents; (iii) failure of the Developer, its employees, contractors, subcontractors, servants or agents, to comply with the applicable laws and regulations regarding or relating to the use of the Service; or (iv) breach by the Developer, its employees, contractors, subcontractors, servants or agents of the terms and conditions of this Agreement or any exhibit hereto or other agreement contemplated herein or any representation or warranty contained in these Terms of Service or any exhibit hereto or other agreement contemplated herein.
- Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BACKENDLESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BACKENDLESS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BACKENDLESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BACKENDLESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BACKENDLESS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BACKENDLESS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
- Termination. You agree that Backendless, in its sole discretion, may suspend or terminate your account and/or application(s) (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Backendless believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Backendless may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Backendless may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service, except that, if you have made all payments owed to Backendless (if any) and Backendless terminates your account without cause, or if you terminate your account for convenience in accordance with this TOS, then Backendless will, upon your written request, provide a file of your User Content (in applicable format) existing on the Service as of the date of such termination of your account, for a period of thirty (30) days following notice of termination. After such thirty (30) day period, Backendless may permanently delete your User Content on the Service. Further, you agree that Backendless will not be liable to you or any third-party for any termination of your access to the Service.
- User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Service and Backendless will have no liability or responsibility with respect thereto. Backendless reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
- Marketing Use. You agree that information about your application can be used for marketing purposes by Backendless. This includes your company name, company logo, name of the application, application listings in the Apple appstore and/or Google Play. The information can be used on the Backendless website, blog, company newsletter, printed marketing materials and social media accounts.
- General. These Terms of Service constitute the entire agreement between you and Backendless and govern your use of the Service, superseding any prior agreements between you and Backendless with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Техаs without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Backendless agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Dallas County, Texas. The failure of Backendless to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.