(a) Updraft App Delivery Service (hereinafter “Updraft”) is a product of Apps with love AG, domiciled in Bern, Switzerland.
(b) Updraft provides easy and fast distribution of apps for testing on mobile devices (Apple iOS, Google Android). By using the idea of “crowdtesting”, Updraft can be used to reach a large pool of testers with different devices and operating systems on a short-term basis prior to the product launch or before going live with new features of your app. The crowd finds bugs and offers valuable advice, tips and suggestions for the improvement of the usability of your software. Updraft enables efficient, comprehensive, flexible and high-quality testing. In addition to crowdtesting, Updraft can be provided as customized white-label solution, installed and executed on-your-premises to assure even more security and independent inhouse distribution for your enterprise apps.
(c) These Terms govern the use of Updraft available at www.appswithlove.com. The access to and use of Updraft is based on the acceptance of and compliance with these General Terms and Conditions (hereinafter “Terms”). These Terms become effective and apply to all visitors, users and others who access or use Updraft.
(d) By accessing or using Updraft, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms conditions, in whole or in part, you must refrain from using Updraft.
(a) We hereby grant you the non-exclusive, non-transferable, non-sublicensable right to use Updraft in accordance with the provisions of these Terms.
(b) Updraft allows you to post, link, store, share and otherwise make available software, data, information, text, graphics, videos, or other material (collectively referred to as the “Content”). You are solely responsible for the Content that you post or make available via Updraft. You represent and warrant that you own the Content or have obtained the rights to use the Content and that the posting of your Content on or through Updraft does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any third party. You warrant to indemnify us in the event any third party puts forward claims against us in connection with your Content.
(c) We reserve all rights to block or remove Content, communications or materials that we determine to be abusive, defamatory, obscene, fraudulent, deceptive, or misleading. The same applies in the event of violation of a copyright, trademark or any other intellectual property right of any third party.
(d) You acknowledge that, by being provided with the ability to view and distribute user-generated content on Updraft, we are merely acting as a passive conduit for such distribution and cannot undertake any obligation, responsibility or liability relating to any Content or activities on Updraft.
(e) In the event you detect any malfunctioning of or bugs in Updraft you shall immediately inform us thereof.
(a) When you create an account for Updraft, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
(b) You are responsible for safeguarding the password that you use to access Updraft. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
(a) Upon the first use of Updraft, you shall be obliged to pay the subscription fees in accordance with the pricing plan as set out under https://getupdraft.com/pricing.
(b) We may, at our sole discretion, change prices from time to time. Changes to pricing will be implemented immediately upon update to our website and will be charged to new or re-subscribing subscribers (including subscribers who have lapsed in payment and are no longer on current paid subscription plans). Fee increases will not apply to current users whose payments are in good standing for the duration of their subscription to the same paid plan.
(a) We reserve the right, at our sole discretion, to modify processes and functionalities of Updraft in the course of the continuous improvement process. We do not warrant that the functionalities will stay the same.
(b) We reserve the right to suspend access to Updraft and/or otherwise limit the features or functionality of Updraft.
(c) We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We shall notify any changes to these Terms on its website and request the users to accept the new version. If you do not accept the revised Terms, you may not continue to use Updraft.
(a) Our liability for damages shall be limited to gross negligence and intent to the fullest extent permitted by law. For damages caused by our employees or subcontractors, liability is excluded.
(b) We exclude all liability for indirect or consequential damages, loss of profits, third party claims, damages to or loss of data, damages due to downtimes or liability for a particular technical or commercial success to the fullest extent permitted by law.
(c) You shall be responsible for appropriate organizational, technical and contractual security measures in connection with the provision of access codes, data transfer, misuse by unauthorized individuals as well as personal data pursuant to data protection law. Any liability of us in this regard is explicitly excluded.
(a) We make no guarantees, representations or warranties of any kind, whether implied or express, as regards Updraft, the website and associated technology, for merchantability, fitness for a particular purpose or third party rights to the fullest extent permitted by law. The use of Updraft is at your sole risk. Updraft is provided on an “as is” basis.
(b) We cannot warrant that Updraft will function uninterrupted, secure or available at any particular time or location. We undertake to correct any errors or defects but cannot warrant that Updraft runs free of any errors, viruses or bugs.
(c) We do not warrant that Updraft will not infringe the intellectual property or property rights of any third party or violate the terms of any third party software included in Updraft.
(a) We provide our services in compliance with Swiss data protection laws. Please read the Updraft Privacy Notice [https://getupdraft.com/privacy].
(b) You are the controller of any personal data you process when using Updraft, in particular the personal data of your users for the purposes of beta-testing. You confirm that you comply with the data protection laws applicable to you.
(a) You may make public references to Apps with love or Updraft and the respective logos only upon prior consent of Apps with love.
(a) We may terminate or suspend access to Updraft immediately, without prior notice or liability, for any reason whatsoever, in particular in the event that you violate your obligations under these Terms or if you fail to pay the subscription fee.
(b) If you wish to terminate your use of Updraft please send an e-mail to us at info@getupdraft.com. Upon termination, your right to use Updraft will immediately cease and you will no longer have no access to your Updraft account. Upon termination, we will not retain any data or reports. You must download any such data prior to terminating your account.
(c) All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, data protection obligations, warranty disclaimers, indemnity and limitations of liability.
(a) Should any provision of these Terms be or become invalid or unenforceable, all other provisions shall remain in full force and effect.
(a) The exclusive place of jurisdiction is Bern, Switzerland.
(b) This agreement will be governed by and construed in accordance with Swiss Law, under exclusion of the United Nations Convention for the International Sale of Goods (Vienna, 11. April 1980) und under exclusion of the international private law rules.