Terms of Service - Grow To Mobile

Our Terms Of Service

We welcome the opportunity to deploy to market a cutting-edge mobile app for your business. Grow To Mobile Pty Ltd is a mobile marketing and development company focused on providing innovative, engaging, traffic driven, data driven and cost-effective mobile marketing tools. Grow To Mobile Pty Ltd delivers Mobile Apps on every platform and provides an easy way for customers to access information about your business. Grow To Mobile Pty Ltd's commitment to reaching their audience with targeted mobile marketing will put you far ahead of your competitors. An asset to mobile apps is our ability to provide analytics that are measurable by mobile responses. Thank you for considering Grow To Mobile Pty Ltd for your next project. We look forward to work with you and are excited to bring some of our creative and innovative mobile solutions to your front door.

Sincerely,

Grow To Mobile Pty Ltd

http://www.growtomobile.com.au


1. PROJECT OVERVIEW & OBJECTIVES

"Grow To Mobile Pty Ltd" is pleased to develop and publish a mobile app and for your business. Grow To Mobile Pty Ltd is a mobile marketing company that provides first class mobile apps for businesses with complete brand customization, functionalities and more. Smart business owners across the world are increasingly utilizing the power of mobile devices to substantially grow their business. Grow To Mobile Pty Ltd allows you to simultaneously edit and manage your iPhone, iPad, Android and mobile web apps online. Our easy to use content management system allows for stunning design, customization and functionality across a broad range of mobile devices.

Grow To Mobile Pty Ltd's mobile strategy for you, has following objectives, among others:
- Increase overall brand exposure
- Increase foot traffic and revenue
- Create a user mobile application that is compatible with all platforms
- Improve your social networking strategies and followers in the social world
- Introduce QR codes to drive and increase mobile traffic
- Obtain valuable data to support marketing strategies
- Track and analyze all mobile interactions to better market to your customers
- Increase mobile search engine visibility (mobile SEO)


2. MOBILE APPS


Grow To Mobile Pty Ltd will develop a distinct mobile application for your business including technical development, setup and custom design, using pre-defined features and functionalities.  Grow To Mobile Pty Ltd will also provide, at no extra cost, a unique username and password for you to access our user friendly app customization platform which will enable you to edit, update, and add functionalities to your mobile app at no extra cost.

Training material, help desk and videos to utilize the platform is also made available to you on our website, free of charge. Mix and match our pre-defined features and functionalities with your own, or add additional components through our online mobile app editing platform as you see fit.

Following is a list of our app functionalities, among others; You can find full details of our features also on our website:
- Complete mobile app / website design
- GPS Directions that give your customers turn-by-turn GPS directions to your business from anywhere in the world
- GPS Coupon feature creates mobile coupons for customers to unlock by "checking in" at your business
- One touch "click-to-call" calling from inside your app. No numbers to save or remember
- Tell-A-Friend feature lets your customers take your business viral with built in sharing capabilities over Email, SMS, Facebook and Twitter
- Menu Conversion feature allows for easy to navigate optimized mobile menu(s)
- Integrate any information you would like to share about your business
- A Point of Interest displays any points of interest on a map. Your business's location for example
- Event Listings feature allows you to include all of your business's events on the go
- Contact Information allows you to give customers multiple ways to contact your business
- Email Photo feature allows customers to take or send a photo and email it directly to your business
- Native Image Gallery allows you to display images of your business in a beautiful image gallery optimized for iPhone and Android
- Set up a fan wall for your customers to leave feedback on your business
- Manage the comments online
- Push notifications send messages to your customers whenever you'd like using our easy to use CMS Mailing
- List feature allows you to stay in contact with your customers by gathering names and e-mail directly inside your app
- Tip Calculator feature to help customers quickly calculate a tip
- QR Coupons feature allows customers to redeem coupons at your business by scanning a specified QR code
- Mortgage Calculator feature where you can preset an interest rate
- Blog integration integrates your RSS feed to allow your users to quickly and easily read your blog posts
- Facebook, Twitter, LinkedIn, and/or Myspace integration to connect with your customers through their favorite social media sites
- MyEmma, Campaign Monitor, Constant Contact, Get Response, iContact, or MailChimp integration all easily allows you to import contacts gathered from your mobile app into your email marketing campaign service
- OpenTable integration allows you to use your mobile app for on the go restaurant reservations
- Podcast integration allows your users to listen on the go from their favorite mobile device
- SoundCloud integration allows users to listen to any audio file online on their mobile device
- Shopping Cart feature allows you to add and sell items through your mobile app via PayPal or Google Check out
- Notepad feature allows users to record text notes and email them to anyone at anytime
- Voice Recorder feature allows users to record voice notes and email them to anyone at anytime
- AdMob (Mobile Ads Feature) easily integrates ads into your app using the best mobile ad providers available
- Flickr or Picasa integration displays images of your business directly from your Flickr or Picasa photo account
- WuFoo integration allows you to easily create an appointment, order, feedback or contact form
- YouTube integration allows you to display hundreds of videos from your YouTube channel And many more...


3. SECURE HOSTING AND MAINTENANCE


Grow To Mobile Pty Ltd offers full mobile and database hosting as part of this agreement. We provide hosting of your mobile app on our mobile cloud hosting server and you will be granted full access to our online mobile app customization platform in order to make any updates or changes, as and when you like


4. QR CODES


Grow To Mobile Pty Ltd will develop a QR code with the following components:
- Creation of various QR codes for use in marketing materials. Each code will be uniquely created to accurately track various placements
- Link QR code actions with Google Analytics to track various activities QR codes will be provided in a JPEG file for easy reproduction and printing
- You can generate your own QR coupon codes by accessing our platform


5. ANALYTICS


Grow To Mobile Pty Ltd will be able to see actionable app insights and track the following data among others from mobile app, mobile web and/or QR codes activity :
- Understand how many users download your app
- Understand which platform is most popular
- Track dollars spent on items Track dollars spent on food orders
- Track appointments & consultations scheduled
- Understand your app's ROI


6. CLIENT TASKS


Grow To Mobile Pty Ltd will require the following:
- Any available brand or style guides prior to design in pre-defined formats
- All relevant content required for completing pre-defined features and functionalities
- All existing assets files as PSD/EPS (logos, photos, etc.)
- All other required content to complete your app
- Confirming your app to published when we send it to you for review


7. FEES STRUCTURE

Based on the scope in this document, project costs are as follows.

7.1 One-Off Build, Design & Publish Fee:
- Grow To Mobile Pty Ltd will develop a distinct mobile app for you including technical development, setup, custom design, and publishing on the stores.
- This fee will be pre-agreed with you before you sign up

7.2 Monthly Subscription Fee as per our Pricing:

Mobile Apps Native For iPad, iPhone & Android includes, among others
- Full App and features hosting
- Unlimited Push Notifications
- Seperate "Manage App" to send Notifications directly from your iPhone to the app users, Facebook and Twitter
- 24/7 email support, helpdesk access and video tutorials
- Robust Analytics
- QR Code generation
- Maps & Directions linkage
- Click-to-Call linking to phones
- Update / Change Your App Online from our app management platform
- Dynamic Content & Multimedia
- Premium Appearance
- Unlimited App Usage
- ...and much more


7.3 Post Publishing Fee ($199+GST) ONLY IF APPLICABLE


This fee applies only if you make changes to the following fields AFTER your app is published on the App Store or Google Play; the reason we put this fee in place is because to make the following changes, the full app publishing process needs to be re-initiated:
- Your App Name (the name your app will displayed on the store)
- Your App Icon Name on the Store (12 characters or less)
- Your App Keyword Search Terms for look up of your app
- Your App Description (we recommend to make it the same as Your business description by adding/including an app intro)
- Text in Bullet points for App Features section
- Contact Email where your clients will reach you
- Website of your app
- App Category is the industry category for your published app
- App Icon image
- Screenshots for your app
- Changing your splash loading screen
- Adding Newly Developed Features
- App Version Updates


8. BILLING SCHEDULE


8.1 One-Off Development Fee, as mentioned above:
One-off development fee due at “project start date” which is defined as the date of sign up.

8.2 Monthly Subscription Fee, as mentioned above: Monthly dues will occur on a monthly schedule starting from "project start date" which is defined as the date of sign up.


9. OTHER TERMS OF SERVICE


By using the growtomobile.com.au web site ("Service"), all services of Grow To Mobile Pty Ltd  ("Grow To Mobile"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Grow To Mobile reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.growtomobile.com.au/terms-of-service.php

Violation of any of the terms below will result in the termination of your Account. While Grow To Mobile prohibits such conduct and Content on the Service, you understand and agree that Grow To Mobile cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Tasks outside the initial scope such as SMS marketing, creation of Facebook page, creation of Twitter account, creation of Linkedin account, Google places, SEO and other marketing services for you are not included in this agreement. You are responsible for making additional payments at normal hourly rates for changes that extend beyond the original scope of the project, as detailed.

Upon execution of this agreement, Grow To Mobile Pty Ltd expects that the project will be completed in approximately 30 working days from completion of the "client tasks", as detailed. This depends greatly on the efficiency of receiving all the needed content, quality of the content received and how fast a mobile app is approved and published. Once the app is ready for publishing, we will advise you through email to review the app and confirm to us to submit your app for publishing (any delays to review the app at your end, will be added to our estimated time of project completion date)

You also agree that any communal information is confidential and will not be shared with any third parties without Grow To Mobile Pty Ltd consent. You also agree to subscribe to our clients newsletter to receive the latest app updates, recommendations and news.

9.1 Account Terms

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. Grow To Mobile cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
  • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

  • 9.2 Payment And Refund Terms

    A valid credit card or bank account details are required.

    There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

    All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

    Grow To Mobile will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.

    9.3 Cancellation And Termination

    You are solely responsible for properly canceling your account.

    Account cancellation requests submitted by email or phone will not be honored. In order to cancel your account, you must manually cancel your account inside of your account dashboard. Cancellations by phone or sent to any email address will not be considered valid. It is not our responsibility to ensure that your account has been cancelled if your request was made by email or phone. You can also send a signed letter to our office in order to action the cancellation of your account.

    All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

    If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

    Grow To Mobile, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Grow To Mobile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.

    Grow To Mobile reserves the right to refuse service to anyone for any reason at any time.

    9.4 Modifications to the services and prices

    Grow To Mobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

    Grow To Mobile shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

    From time to time, Grow To Mobile may issue an update to the Grow To Mobile application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Grow To Mobile will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.

    9.5 Copyright and Content Ownership

    We claim no intellectual property rights over the material you provide to the Service or any material inside your app whatsoever. Your profile and materials uploaded remain yours. However, by using the Grow To Mobile application to create your mobile application, you agree to allow others to view and share your Content.

    Grow To Mobile does not pre-screen Content, but Grow To Mobile and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

    The look and feel of the Service is copyright Grow To Mobile Pty Ltd All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Grow To Mobile.

    Grow To Mobile may make certain software available to you through the Service.  If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, "Software") are deemed to be licensed to you by Grow To Mobile, for your personal and noncommercial use only.  Grow To Mobile does not transfer either the title or the intellectual property rights to the Software, and Grow To Mobile retains full and complete title to the Software as well as all intellectual property rights therein.  You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

    You grant Grow To Mobile a license to use the materials you post to the Services.  By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Grow To Mobile, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Grow To Mobile, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content.  You will not be compensated for any user content.  By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.

    When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party's copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID.  The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

    All Grow To Mobile content included on its site, its Software, and through the Service is the property of Grow To Mobile and is protected by Australian and international intellectual property laws.  All Grow To Mobile content, Software, code, HTML/CSS, and visual design data is is copyright Grow To Mobile, Pty Ltd.

    9.6 General Conditions

    Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

    Technical support is only available via email. Email address for support is provided upon subscription.

    You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service

    You understand that Grow To Mobile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

    You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Grow To Mobile service.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Grow To Mobile.

    We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

    Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Grow To Mobile customer, employee, member, or officer will result in immediate account termination.

    You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

    You must not transmit any worms or viruses or any code of a destructive nature.

    Grow To Mobile does not warrant that (i) the service will meet your specific 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, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

    You expressly understand and agree that Grow To Mobile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Grow To Mobile has been advised of the possibility of such damages), 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; (v) or any other matter relating to the service.

    The failure of Grow To Mobile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Grow To Mobile and govern your use of the Service, superseding any prior agreements between you and Grow To Mobile (including, but not limited to, any prior versions of the Terms of Service).

    In no event shall Grow To Mobile liability to you exceed the amount actually paid to Grow To Mobile by you during the preceding 12 months.

     

    Sincerely,

    Grow To Mobile Pty Ltd

    http://www.growtomobile.com.au


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