1. Terms Definitions
1.1 User (“You”) – individual who is 16 years or authorized organization representative.
1.2 Copyright Holder (“We”) – the owner of the Service who provides you with access to the Service under these terms.
1.3 Derivative work – an authored work based on one or more already existing works.
1.4 Apps build — mobile apps files, made by the Service, based on data from Users web page, which he has linked as the source web page for creating and receiving apps build files.
1.5 Stores — official services for publishing Users mobile apps on iOS and Android platforms. Rules for publishing belong to the owners of these platforms.
2. Terms of the Service
2.1 Penako Service allows to receive mobile app files based on based on data from Users source web page. These files are required for launching an app on Android and iOS platforms. These files can be used for publishing an app in Stores.
2.2 The Service does not affect on Stores moderation process, and does not give advises for Users build moderation process.
2.3 The Service does not guarantee that the new app will be published in the Store.
2.4 The Service does not control the content inside the app. The User agrees to be bound by the terms about the content and do not break the relevant laws of the country where he is located or apps build is published.
2.5 By registering via the web client or installing the application on your device, you confirm that you have read these terms, accept them and agree to be bound by these terms.
2.6 From the moment you accept these terms, you get a non-exclusive, free, revocable license to use the Service for your own personal needs. You may not sublicense or transfer license rights to third parties any other methods.
2.7 If other terms are not meant, exclusive rights, as well as other intellectual property rights of the Service, including its design and content, belong to the Copyright Holder named in section 18.
2.8 You do not buy the rights to use trademarks, logos, domains, as well as patents and other intellectual property rights associated with the Service, other than content you get in the apps mobile build.
2.9 You agree not to use the Service to store private or confidential information about yourself or third parties, including personal data, logins, passwords, bank cards and account data, and so on.
3. Change of terms
3.1 We may change or add something new to these terms from time to time. Please, make sure to check it regularly to know what the current version of these terms and conditions are.
3.2 We will notify you about important changes and additions by sending email to the address you wrote when registered on the website, or by sending push notifications through the web client or mobile application.
3.3 Continuing using the Service after reading the new version of the terms or after receiving new notification from us, you confirm you accept them.
3.4 You can not change or modify these terms, unless we have given our written permission to do it.
3.5 If you do not agree with any of these terms, you must immediately stop using the Service and request the deletion of your account.
4. Registration and account
4.1 You can get access to the web client only after registering an account. While registering, you must write a login (email) and create a password or you can use your Google account.
4.2 A User can have multiple accounts. But the User can not give access to his accounts to other people.
4.3 Only User is responsible for the login and password safety, as well as smartphone and other devices with access to the web client or mobile app. DO NOT SHARE YOUR LOGIN OR PASSWORD WITH ANYONE.
4.4 Only User is responsible for any actions and purchases that are made through the account. If you think that someone else has got access to your account or password, immediately inform us by email – email@example.com.
4.5 If we have reason to believe that there is a security risk to the Server or your account, we have the right to ask you to change your account password, as well as temporarily restrict access to your account according to the terms of section 7.
5. Access to the Service
5.1 The User gets full access to the Service functions to make apps builds inside the Service. The User pays only for successful builds inside the Service.
5.2 You can find out the cost of the apps build on the website: penako.com.
5.3 The access to the source code will be granted only after paying for it, because this option is not free.
5.4 You can pay for the access to the source code while buying the app builds. You will not be able to buy only access without buying the app build.
5.5 The build is complete if the User can download apk, aab or ipa app files.
5.6 Only successful builds are charged from Users paid builds balance.
5.7 The User must use apps source code only for one project. He has to create a new app in The Service and pay for the new access to make next new project.
5.8 The Service keeps apps files only for 30 days. After that files can be removed. You will have to create a new build to get new files.
5.9 The Service keeps apps keys and signatures for a limited period of time. They can be removed from the User account any time.
5.10 The User can not ask for a service key copy if he uses it to sign the Androids apps.
5.11 It is only your responsibility to have the devices, equipment and internet access required to use the Service.
5.12 We are constantly working to improve the Service. This means that we may change, update or remove all or some of the features of the Service as well as some devices support and platforms. The work of the Service may be interrupted due to technical maintenance, updates, Internet outages, equipment failure, or other circumstances.
5.13 If you believe the Service is not functioning correctly, please let us know by email – info@ penako.com and we will try to solve all problems as soon as possible.
5.14 We have the right to terminate the whole Service or part of it any time, including disabling certain functions and discontinuing support for certain devices and platforms. The operation of the Service may also be affected by events that are beyond our control, for example, natural phenomena, decisions and actions of authorities and other force majeure circumstances.
5.15 We may temporarily or permanently terminate your access to the Service any time and for any reason according to Section 7.
5.16 Technical support for the User is provided when we can. The Service does not have limited time for an answer.
6. Use of the Service
6.1 The User has the right to use the Service the following ways:
6.1.1 to use the Service for its direct functional purpose, which is to make apps builds files based on the donators -web-page data.
6.1.2 to create and distribute photocopies (screenshots), video recordings of the original image and content of the Service in order to attract new Users, as well as for personal (non-commercial) purposes.
6.1.3 the User can change, modify and add the projects source code without getting The Services permition if he has paid for the access to the source code. Only User is responsible for the consequences of the code changing.
6.1.4 the User can not sell the original source code or the modified source code. The Service provides an opportunity to send push-notifications through the Users apps made from build that have been bought. If the User has controlled working process of the notifications distribution, the access to this distribution will be granted using the Username and the technical services capabilities. But this option can be canceled any time without any explanations. The User can choose the Manual workflow option to connect to his own distribution through OneSignal service, which is fully independent from the Service resources.
6.2 The User is prohibited from:
6.2.1 reproducing, creating, transferring, or distributing copies of the web client or application in any form;
6.2.2 modifying, decompiling, disassembling, decrypting, or make other actions with the source code or files compiled from the source code of the web client or application;
6.2.3 creating derivative works using a web client or application;
6.2.4 changing or modifying screenshots of the original image and content of the Service, as well as creating derivative works based on the original image and content of the Service;
6.2.5 changing or modifying video images and the content of the Service;
6.2.6 using the Service to distribute malware, as well as content prohibited by law;
6.2.7 interfering with or preventing other Users from using the Service;
6.2.8 trying to damage or disable the Service;
6.2.9 using the Service in violation of any national or international law or other regulation measure;
6.2.10 using the Service in other ways not permitted by these terms.
7. Account deletion and blocking
7.1 We have the right to temporarily or permanently terminate access to the Service for any User for any reason, including if the User violates these terms.
7.2 We may choose to immediately block or delete your account or notify you before doing so. To send notice is our right, but not our responsibility.
7.3 You can delete your account or request blocking of your account by email – firstname.lastname@example.org
8.1 We do not make any guarantees related to the use of the Service. Access to the Service is provided ‘as it is’, ‘with all faults’, and we do not guarantee safe, error-free and uninterrupted work of the Service or if the Service meets your purposes and expectations.
9. Termination of relationship
9.1 Deleting of your account means to stop your using of the service and terminating (including revoking) all licenses provided for in section 5 and the rights granted by these licenses.
9.2 Deleting of your account does not affect your other rights and obligations or the rejection of certain rights provided for in these terms.
9.3 The licenses provided in section 5 may be revoked by us anytime and for any reasons, including the termination of the Service or stop supporting certain platforms and devices.
10. A refund
10.1 The licenses provided in section 5 may be revoked by us anytime and for any reasons, including the termination of the Service or stop supporting certain platforms and devices.
10.2 We can not provide the refund for the unused builds.
11. Limitation of liability
11.1 We, including our shareholders, CEOs, officials, employees, partners, agents, and representatives to the fullest extent permitted by the law are not liable to you or any third parties for any indirect consequences and any other damages (including indirect, consequential, incidental, punitive, special damages and profit losses) in any ways connected to the use of the Service or inability to use the Service and its components for any reason, including errors and failures. We, including our shareholders, directors, officials, employees, partners, agents, and representatives do not take any responsibilities for any damages (including negligence), even if we have been informed about the possibility of such consequences and damages beforehand.
11.2 Our total liability relating to The Service or these terms will not be more than 100 (one hundred) dollars or the amount of money you have paid us in the past 3 (three) months before filing a claim, depending on which amount of money is bigger.
11.3 Only you are responsible for the safety of your devices while using the Service, including risks of malware infection.
11.4 These limitations of liability may not be applied to you if they conflict applicable law. In this case our liability will be limited to the fullest extent permitted by applicable law.
12. Disclaimers and release
12.1 We are not responsible for the actions of our Users and other third parties. And we do not have to control it.
12.2 You release us, our shareholders, CEOs, officials, employees, partners, agents, and representatives:
– from any claims, demands, lawsuits, damages and any kind of expenses, which can happen as a result of your use of The Service as well as the violation of these terms;
– from any claims, complaints, lawsuits, damages and any kind of expenses, relating to your complaints against third parties.
12.3 You disclaim any rights you have under any applicable law, which says that a general release from the liability does not extend to the claims:
– that you (as a releasing person) do not know or suspect to exist the moment you discharge us from liability; and
– that significantly affected the agreement between you and us if you knew about them.
12.4 These disclaimer and release may not be used if applicable law does not permit it.
13. Dispute resolution
14.1 We seek peaceable disputes resolutions. If you have a claim or any other cause of action, please send email to us – email@example.com
14.2 If we fail to resolve a dispute informally during 60 (sixty) days after receiving the letter, the claims will be resolved only in a court located in Sheridan County, Wyoming, and IN THIS CASE YOU REJECT ALL KIND OF DEFENSE CONNECTED TO THE ABSENCE OF PERSONAL JURISDICTION AND NON-CONVENIENS OF THE COURTS LOCATION AND YOU AGREE WITH THE STATES JURISDICTION.
14. Legal protection
You agree and accept the fact that our rights and obligations under these terms are unique and irreplaceable and the loss of these rights and obligations may cause immediate and irreparable harm to us. Usual legal protection is not enough to compensate the harm. That is why we can ask for a restraining order or other ways of protection (without paying a deposit or guarantee) in case of getting any damages from you. YOU HEREBY WAIVE ALL RIGHTS TO SEEK FOR RESTRAINING ORDER OR OTHER PROTECTION IN JUSTICE.
15. Class action refusial
THIS SECTION APPLIES ONLY TO UNITED STATES OR CANADA RESIDENTS. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND US AGREE TO RESOLVE ANY DISPUTE IN AN INDIVIDUAL CAPACITY. HEREBY YOU WAIVE YOUR RIGHTS TO RESOLVE DISPUTES BETWEEN YOU AND US ON BEHALF OF, OR AS A PART OF ANY CLASS ACTIONS OR REPRESENTATIVE ACTION OR JOINT BUSINESSES. This CLASS ACTION REFUSAL section retains legal force after the deletion of your account or the Services.
17.1 If a competent court finds any of these terms unlawful, void, or unenforceable, this term shall not apply and affect the validity and enforceability of the remaining terms which shall continue to be fully valid.
17.2 If we do not enforce any realization of these terms for any reason, this shall not be considered as declination of these terms or declination of our rights to follow these terms.
17.3 We can not be responsible for any breach of these terms which is beyond our control.
17.4 These Terms are written in English. Any translation into other languages is for your convenience only. If there are some discrepancies between the English version and another language version, the English version is prevailed.
17.5 We may assign or transfer all or some of our rights and obligations under these terms to a third party and also transfer information about Users to the assignee, transferee or successor of our business. In this case these terms will continue to govern your relationship with such third party. You confirm your consent to an assignment or transfer by continuing to use the Service after having been notified of the assignment or transfer.
17.6 If you have any questions about registering an account or using the Service, feel free to contact us by email – firstname.lastname@example.org,, our support team will be happy to help.