Terms of Service

In shortThese terms cover this website and anything you buy directly from us. If you are using one of our mobile applications, the End User License Agreement covers that instead.

Section 1What these terms cover

These Terms of Service are an agreement between you and Native Code LLC, a limited liability company registered in the State of Nevada, United States and based in Las Vegas,Nevada.

They apply when you:

• use this website;
• subscribe to software we host and operate, where you bought that subscription directly from us rather than through an app store;
• engage us to build software for you.

Where we have signed a separate written agreement with you, that agreement controls wherever it differs from these terms.

Section 2Who may use the service

You must be at least 18 years old and able to enter into a binding contract. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and "you" then means that company.

You may not use the service if we have previously terminated your account for a breach of these terms, or if a law that applies to you prohibits it.

Section 3Your account

You are responsible for what happens under your account, including anything done by people you give access to. Keep your credentials to yourself, use a password you have not used elsewhere, and tell us straight away if you believe someone else has got in.

The information you give us when you sign up needs to be accurate, and you need to keep it that way. We rely on it to reach you about renewals, faults and security.

You can delete your account at any time from inside the product, or from the web. What happens to your data when you do is set out in the Privacy Policy.

Section 4What we provide

We provide the software described on the page or in the order you bought it from, for as long as your subscription is active. We aim to keep it available and working, and we fix faults as quickly as we reasonably can.

We do not promise the service will be uninterrupted. Planned maintenance is announced in advance where we can. Unplanned outages happen to everybody who runs software, and we will tell you what happened rather than pretend it did not.

Unless we have signed a separate agreement that says otherwise, we do not offer a service level guarantee, and we do not offer service credits for downtime.

Section 5Fees, billing and renewal

Prices are shown before you buy. Unless stated otherwise, prices are in United States dollars and exclude any tax that applies where you are, which we add at checkout where we are required to collect it.

A subscription renews automatically for the same period until you cancel it. You can cancel at any time and keep access until the end of the period you have paid for.

If a payment fails we will retry it and tell you. If it keeps failing we may suspend the account, and after 30 days of non payment we may close it and delete the data in it. We will warn you before that happens.

Full detail on cancelling and refunds, including the different routes for purchases made through Apple, Google or Shopify, is on the Billing and Refunds page.

Section 6Your data and who owns it

Your data is yours. We claim no ownership of it. You give us only the permission we need to host it, process it and show it back to you so the service can work, and to make backups of it.

Where your data includes personal information about other people, such as your customers or your staff, you are the controller of that information and we are your processor. Our obligations to you in that role are set out in the Data Processing Addendum, which forms part of these terms. You are responsible for having a lawful basis to give us that information in the first place.

You can export your data at any time while your subscription is active. If your subscription ends, we keep your data available for export for 30 days, then delete it on the schedule described in the Privacy Policy.

Section 7Confidentiality

Each of us may learn things about the other that are not public. Neither of us will use the other’s confidential information for anything other than performing this agreement, or disclose it to anyone except people who need to know it and are bound to keep it confidential.

This does not apply to information that is already public, that you or we already knew without an obligation of confidence, or that we are legally compelled to disclose. If we are compelled to disclose your confidential information, we will tell you first unless we are prohibited from doing so.

Section 8Our intellectual property, and your feedback

We own the service, its software, its design and its name. Using the service does not transfer any of that to you. You may not copy it, reverse engineer it, or use our name or branding without written permission.

If you send us feedback or a suggestion, we may use it to improve the service without owing you anything and without any obligation of confidence, unless we have agreed otherwise in writing.

Section 9How you may use the service

The Acceptable Use Policy forms part of these terms and sets out what you may not do. In summary: do not break the law, do not attack the service or other users, do not use it to harm people, and do not try to get around limits we have set.

Section 10Third party services

Our software connects to services run by other companies, and you may choose to connect it to more. We are not responsible for those services, their availability, or what they do with information you authorise them to receive. Your agreement with them is separate from this one.

The providers we use to run the service ourselves are listed on the Subprocessors page.

Section 11Custom builds and consulting work

When we build software for you, we agree the scope, the price and the timeline in writing before any work starts. That written scope is what we owe you. These terms fill in everything the scope does not cover.

• You own the deliverable. On full payment, we assign to you all rights in the software we build specifically for you, including the source code.
• We keep our own tools. We reuse general purpose components, libraries and patterns we built before your project and will use again after it. You get a perpetual, worldwide, royalty free license to use those components as part of your deliverable. You do not get exclusive rights to them, and we do not need your permission to keep using them elsewhere.
• Open source stays open source. Third party components keep their own licenses. We will tell you what is in your deliverable.
• Changes to scope are agreed in writing. If you want something outside the agreed scope, we will quote it and you can accept or decline. We do not add work and then invoice for it.
• Acceptance. You have 14 days from delivery to tell us something does not match the agreed scope. We fix it at no charge. After 14 days the deliverable is accepted.
• We can be replaced. You own the code, the repository and the accounts. If you want to take the work elsewhere, you can, and we will hand over cleanly.
• Publicity. We will not name you, describe your project, or use your logo anywhere without your written permission.

Section 12Term, suspension and termination

These terms apply for as long as you use the service. You may stop at any time by cancelling and deleting your account.

We may suspend or terminate your access if:

• you materially breach these terms or the Acceptable Use Policy;
• your payment fails and stays unpaid after we have warned you;
• we are required to by law;
• your use is causing an immediate risk to the service or to other users.

Except for an immediate risk or a legal requirement, we will warn you and give you a reasonable chance to put it right first. If we terminate for a reason that is not your breach, we refund the unused part of what you have paid.

We may also decide to discontinue a product. If we do, we will give you at least 30 days' notice, stop charging you, help you export your data, and refund the unused part of your current period.

Section 13Warranty disclaimer

Except where the law does not allow it, the service is provided as it is and as available, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non infringement.

We do warrant that we will provide the service with reasonable skill and care, and that custom work will materially match the scope you agreed with us in writing. Nothing here limits rights you have under consumer law that cannot be limited.

Section 14Indemnity

You agree to defend and indemnify us against claims, damages and reasonable legal costs arising from your data, your use of the service in breach of these terms, or your breach of a law. We will tell you promptly about any such claim, let you control the defense of it, and cooperate reasonably at your expense.

We will defend and indemnify you on the same basis against a third party claim that the software we built for you infringes that third party’s intellectual property rights, except where the claim arises from something you supplied or instructed.

Section 15Limitation of liability

To the maximum extent permitted by law, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost data, even if warned that they were possible.

To the maximum extent permitted by law, our total liability arising out of or relating to these terms is limited to the amount you paid us in the twelve months before the event that gave rise to the claim.

Neither of these limits applies to your obligation to pay us, to either party’s breach of confidentiality, to the indemnities above, or to anything that cannot lawfully be limited, including death or personal injury caused by negligence, and fraud.

Section 16Changes to the service and to these terms

We improve the service continuously, which means it changes. We will not remove a feature you are paying for without telling you first.

We may update these terms. The version number and effective date at the top of this page always show the current version, and every change is recorded on the legal index. For a material change we give at least 30 days' notice by email before it takes effect. If you do not accept the new version, cancel before the effective date and we will refund the unused part of your current period.

Section 17Governing law and disputes

These terms are governed by the laws of the State of Nevada, United States, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts located in Clark County, Nevada, and both of us consent to that jurisdiction.

If you are a consumer in a country whose law gives you the right to bring proceedings locally, or applies mandatory consumer protections in your favor, this section does not take that away.

Before starting proceedings, tell us the problem through the contact form. We will try to resolve it with you directly, and most of the time that works.

Section 18General terms

• Entire agreement. These terms, the documents they reference, and any written order or agreement between us, are the whole agreement, and replace anything said before.
• Severability. If a court finds part of these terms unenforceable, the rest still applies.
• No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
• Assignment. You may not transfer this agreement without our written consent. We may transfer it as part of a sale of the business, and we will tell you.
• Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control, such as a natural disaster, a war, or a failure of the public internet. This does not excuse a failure to pay.
• Notices. We give notice by email to the address on your account, or in the product. You give notice through the contact form.
• Independent contractors. Nothing here creates a partnership, a joint venture or an employment relationship.

Section 19How to reach us

Native Code LLC is based in Las Vegas, Nevada, United States.

Send us a message through the contact form and a person will answer within one business day. If it is about something urgent in a live system, say so at the top and we will move it up the queue.