Terms of Service

1 About these Terms

These Terms of Service ("Terms") form a contract between AppGantry Ltd ("AppGantry", "we", "us", "our") and the business or professional customer identified in the account or Order ("Customer", "you"). They apply to mobile service offerings, our service for distributing builds of mobile applications, at https://app.appgantry.com.

The contract begins when an authorised user expressly accepts these Terms where an acceptance control is presented, creates or uses the Service with notice of these Terms, or enters an Order. AppGantry may retain electronic evidence of acceptance, such as the account identity, document version and timestamp, where the Service captures it. An individual accepting must be at least 18 and authorised to bind the Customer.

1.1 Definitions

• Account means an individual user account for the Service.
• Build means an application binary, build artifact and associated metadata uploaded to the Service.
• Customer Content means Builds, release notes, descriptions, filenames and other material submitted by or for Customer.
• Order means an online checkout, order form or other ordering record identifying a plan, quantity, term or special terms.
• Plan means Team, Business or Enterprise.
• Pricing Page means the pricing information published at https://www.appgantry.com/pricing, as updated from time to time.
• Service means mobile service offerings and its related application, APIs, documentation and support.

2 Eligibility, accounts and administration

The Service is for business and professional customers only. Customer must provide accurate account information, keep it current, and ensure each user is authorised. Accounts must not be shared. Customer is responsible for its users, administrators, authentication methods, integration credentials, personal access tokens and activity under its organisation.

Customer must promptly remove access that is no longer required, protect recovery codes and credentials, and notify security@appgantry.com of suspected compromise. An organisation administrator may manage users, projects, Builds, retention settings and billing for Customer.

3 Service, Plans and Orders

We provide the Service with the features and limits described for the selected Plan, Order and documentation. Plan descriptions are not a promise that every feature will remain unchanged. Enterprise customers may agree custom retention, capacity, support or other terms in a signed Order or agreement.

A separately signed agreement, and then an Order, controls over these Terms only to the extent that it expressly identifies and varies the conflicting provision. The DPA controls for data-protection subject matter. No service level agreement applies unless separately signed by authorised representatives.

4 Trials and promotional credit

The current Team trial is seven days and includes promotional credit. Trial length, included credit and eligibility may be shown at sign-up and may change for future trials. A trial does not silently become paid unless Customer supplies or authorises a payment method or otherwise orders a paid Plan.

When a trial expires without activation, access may be restricted and the organisation enters a distinct 30-day trial grace period during which activation may restore access. After that period, Customer Content may be reclaimed and the organisation may be deleted where automatic post-trial deletion is enabled and configured in the deployment. Promotional or granted credit is non-refundable and normally expires on the date shown when granted. The amount and validity period shown in the Service when promotional credit is granted govern.

5 Fees, billing, tax and credit

5.1 Charges and currency

Fees are those shown on the Pricing Page or Order when purchased. Fees are shown in USD unless an Order says otherwise. Paddle acts as Merchant of Record for payments, billing and applicable taxes. Paddle calculates, displays and collects taxes where required and may issue its own transaction terms and notices.

Team and Business are prepaid services. The recurring platform fee is billed in advance. Metered usage comprises hosted storage retained, bytes uploaded, and bytes downloaded or distributed, charged at the rates on the Pricing Page. Customer must maintain sufficient paid or promotional credit for metered use. Customer-configured or platform spend caps may block uploads or downloads when reached. Paid top-ups do not expire. Promotional or granted credit is not cash, is not transferable, is non-refundable and ordinarily expires as disclosed when granted.

For Team and other hosted prepaid organisations, exhausted credit may block uploads and downloads. If credit is not restored, hosted Build artifacts may be permanently reclaimed after 30 days. AppGantry will provide notice where reasonably practicable, but Customer must retain or download its own copies and must not rely on the Service as its only copy.

Enterprise invoice timing, payment terms and currency are governed by the applicable Order.

5.2 Renewal and price changes

A recurring subscription renews for the billing period shown at purchase unless cancelled. Customer authorises Paddle to collect renewal charges using the authorised payment method. Pricing changes apply only prospectively. We will give reasonable advance notice through the Service or by email before a change affects a renewal or future purchase; they do not alter charges already incurred.

Customer is responsible for taxes not collected by Paddle and for accurate billing information. We may restrict metered features when credit is exhausted or a spend cap is reached.

6 Cancellation, deletion, refunds and recovery

Customer may request cancellation through available account controls or by contacting us. Cancellation stops renewal or changes billing state according to the controls and information shown in the Service. It does not itself delete the organisation or create a 30-day organisation recovery window.

An authorised organisation administrator may separately request organisation deletion through available controls. In the current implementation, organisation deletion is immediate and irreversible. Before requesting it, Customer must retrieve or download required Builds and request any copy of processor-held Customer Personal Data it needs under the DPA.

A developer may separately request deletion of their individual Account. That request locks the Account and starts a 30-day cancellation and recovery window. Hard deletion occurs when the account-deletion process runs after that period, subject to safeguards that prevent deletion from leaving an organisation without an administrator and to lawful retention. Statutory, accounting, billing, audit, security and rights-request records may be kept for longer where required or appropriately pseudonymised.

On request, unspent paid credit is refundable, less the processing deduction disclosed when credit is purchased or a refund is requested. The current default deduction is 5% plus USD 0.50, and no refund is processed where the resulting net amount is below USD 1. Promotional or granted credit is not refundable. Platform fees and fees already incurred are otherwise non-refundable, except where these Terms, the DPA, an Order or applicable law requires a refund.

When an organisation is deleted, AppGantry automatically settles eligible unspent paid credit against the amounts actually paid through Paddle, subject to the same deduction and minimum. Promotional or granted credit, and any amount below the minimum net refund, is forfeited.

7 Customer Content and data

Customer retains ownership of Customer Content and is responsible for having all rights, permissions and lawful bases needed to upload and distribute it. Customer grants AppGantry a worldwide, non-exclusive, limited licence to host, copy, transmit, secure, back up and otherwise process Customer Content only as needed to provide, protect, support and operate the Service and meet legal obligations.

We do not acquire ownership of, inspect for commercial purposes, or reuse Build binaries except as needed to provide, secure and operate the Service. Customer decides who may access Builds and must ensure distribution is lawful and consented to.

The intended default Build-retention periods are 30 days for Team, 12 months for Business and custom for Enterprise. Scheduled automatic expiry is applied only where it is enabled and configured; otherwise Customer deletion or other lifecycle events govern. Customer may delete Builds through ordinary Service functionality, and the active credit-exhaustion reclamation process described above also applies. Customer determines audit-record retention; where no different supported setting is agreed or configured, the tier defaults apply, being 90 days for Team, 365 days for Business and 730 days for Enterprise. These defaults are not fixed minimums or absolute caps.

While access remains available, Customer can retrieve or download Builds through ordinary Service functionality and should retain independent copies before trial expiry, credit exhaustion or deletion. Cancellation alone does not delete the organisation. Any personal-data export offered to an individual is separate and does not represent an export of organisation Customer Content or Build binaries.

8 Privacy, processing and acceptable use

Our Privacy Policy explains how we handle personal data as controller. The Data Processing Agreement, version 1.3 ("DPA"), supplied with, presented alongside or otherwise made available by AppGantry is incorporated into these Terms for Customer Content and personal data processed on Customer's behalf. AppGantry acts as processor within the scope defined there.

The Acceptable Use Policy, version 1.7 ("AUP"), supplied with, presented alongside or otherwise made available by AppGantry is incorporated into these Terms. Customer must ensure its users and recipients comply with it. A material AUP breach is a material breach of these Terms. The Subprocessor List supplied with the DPA and the Security Overview provide related information.

9 Third-party services and customer storage

The Service relies on providers listed in our Subprocessor List. Their independent services may be governed by their own terms. Paddle may act as an independent controller for its legal, payment, fraud and tax obligations.

Where Enterprise bring-your-own-storage ("BYOSA") is enabled, Build artifacts are stored in Customer's own Microsoft Azure tenant. Customer is responsible for that tenant, storage configuration, access, availability, charges and retention. AppGantry retains related metadata and access configuration needed to operate the integration.

10 Changes, maintenance and beta features

We may maintain, update, replace or discontinue Service features and may perform planned or emergency maintenance. We aim to avoid unreasonable disruption but do not provide a contractual uptime or support SLA.

Preview, beta or experimental features may be incomplete, changed or withdrawn, and are provided "as is". Customer should not rely on them for production or safety-critical use. Additional beta terms shown in the Service apply if accepted.

11 Confidentiality

Each party may receive non-public information that is identified as confidential or should reasonably be understood as confidential ("Confidential Information"). The receiving party must use it only for this contract, protect it with reasonable care and disclose it only to personnel and advisers who need it and are bound by confidentiality duties.

Confidential Information excludes information that the receiving party can show was lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is independently developed. Required disclosure is permitted where legally compelled, with advance notice where lawful.

12 Intellectual property and feedback

AppGantry and its licensors own the Service, documentation, branding and related intellectual property. Subject to these Terms and payment of fees, AppGantry grants Customer a limited, non-exclusive, non-transferable right during the subscription to use the Service for its internal business purposes.

If Customer provides feedback, it grants AppGantry a perpetual, worldwide, royalty-free right to use it without identifying Customer or disclosing Customer Confidential Information.

13 Suspension and termination

We may suspend access where reasonably necessary to address a security risk, unlawful activity, non-payment, exhausted credit, material AUP breach, harm to the Service or others, or a legal requirement. Where practical, we will give notice and an opportunity to remedy. Emergency action may be immediate.

Either party may terminate for a material breach not remedied within 30 days after written notice, or immediately where the breach cannot be remedied, insolvency law permits, or continued performance would be unlawful. We may terminate a free or inactive service on reasonable notice.

On termination, rights to use the Service end. Provisions concerning payment, confidentiality, intellectual property, liability, records, governing law and any provisions intended by nature to survive will survive.

14 Warranties and disclaimers

Each party warrants it has authority to enter this contract. AppGantry warrants it will provide the Service with reasonable skill and care. If AppGantry materially breaches that warranty, Customer's remedy is re-performance or, if re-performance is not reasonably possible, termination and a pro-rated refund of prepaid platform fees for the affected future period.

To the fullest extent permitted by law, the Service, beta features and documentation are otherwise provided "as is" and "as available". We do not warrant uninterrupted or error-free operation, that every Build will function on every device, or that the Service will meet requirements not set out in an Order. Customer remains responsible for testing Builds, maintaining source and independent backups, and deciding whether the Service is suitable.

15 Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation. Nothing restricts Customer's obligation to pay valid fees or Customer's obligations under the Customer indemnity section.

Subject to that paragraph, neither party is liable for indirect or consequential loss, or loss of profit, revenue, anticipated savings, goodwill or business opportunity. AppGantry is not liable for loss caused by Customer Content, Customer systems, unauthorised credentials, third-party services outside our reasonable control, or Customer's failure to keep an independent copy.

Subject to the uncapped matters above, AppGantry's total aggregate liability arising from these Terms, including liability arising from a personal data breach, is limited to the Annual Fees. Customer's total aggregate liability, other than for fees and the Customer indemnity, is limited to the same amount.

"Annual Fees" means the sum of the recurring platform and subscription fees billed to Customer, and the metered usage charges Customer incurred and settled from paid credit, for the Service in the 12 months before the event giving rise to liability. Metered usage counts when it is incurred rather than when credit is purchased, so unspent credit is excluded, as is usage settled from promotional or granted credit. Where Customer has purchased the Service for less than 12 months, the Annual Fees are the monthly average of those amounts over that shorter period multiplied by twelve. For a free trial, or where no such fees were billed or incurred in that period, AppGantry's aggregate liability is limited to USD 100.

The exclusions and cap apply to all legal bases of claim and allocate commercial risk between business parties, having regard to the fees charged, the resources each party can expect to have available to meet a liability, and the insurance each party can reasonably obtain.

16 Customer indemnity

Customer will defend and indemnify AppGantry against a third-party claim to the extent it arises from Customer Content infringing that third party's rights, or Customer's unlawful distribution of a Build, provided AppGantry promptly gives notice, allows Customer reasonable control of the defence and settlement, and provides reasonable cooperation at Customer's cost. Customer need not settle a claim in a way that admits AppGantry's fault or imposes a non-monetary obligation without consent. The indemnity is reduced to the extent AppGantry caused the claim.

AppGantry does not indemnify Customer against third-party claims, including claims that Customer's use of the Service infringes a third party's intellectual property rights. Customer's remedies for such claims are those set out in the Warranties and disclaimers and Liability sections.

If a third-party claim is made or is likely that the Service infringes intellectual property rights, AppGantry may, at its election, procure continued use, modify or replace the affected Service so it is non-infringing, or terminate the affected Service and refund prepaid platform fees for the terminated future period. Those options are rights of AppGantry and do not create an obligation to continue providing an affected Service.

17 General terms

Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the effect. This does not excuse payment obligations.

We may update these Terms prospectively. For material changes, we will give reasonable notice by email or in the Service, identify the new version and effective date, and request renewed acceptance where appropriate. Changes do not retroactively alter accrued rights.

Legal notices must be sent to contact@appgantry.com and, for notices to Customer, to the account email or address in an Order. Routine operational messages may be provided in the Service.

Customer may not assign this contract without our consent, not to be unreasonably withheld. AppGantry may assign it as part of a merger, reorganisation, financing or transfer of substantially all relevant business, with notice. Neither party waives a right by delay. If a provision is unenforceable, it will be adjusted only as needed and the rest remains effective.

These Terms, the Order, DPA, AUP and documents expressly incorporated form the entire agreement about the Service and replace earlier discussions on that subject. Order of precedence is: (1) a separately signed agreement, only to the extent it expressly identifies and varies the conflicting provision; (2) the Order, on the same basis; (3) the DPA for data-protection subject matter; (4) these Terms; and (5) the AUP and other incorporated policies.

These Terms and any non-contractual obligations connected with them are governed by the law of Scotland. The courts of Scotland have exclusive jurisdiction.

18 Contact

AppGantry Ltd
Scottish company number SC892971
5 South Charlotte Street, Edinburgh, EH2 4AN, United Kingdom
contact@appgantry.com
https://www.appgantry.com