Terms & Conditions
Please read this Agreement carefully before accessing or using the Service. If you do not agree to all the terms and conditions of this agreement, you must not access or use any of our services. If these terms and conditions are considered an offer by Grobiz, acceptance is expressly limited to these terms. The Service is available only to at least 16 years old individuals.
1.1 Your Grobiz Account
Grobiz App Builder is a platform to connect the Sellers with their buyers.The seller needs to create app from Grobiz App builder for his/her any Ecommerce business.Seller can add products from his Admin panel provided in the Order history of Grobiz App builder.
Grobiz App builder is just a platform to connect the buyers and sellers. We do not sell or endorse any kind of e commerce products nor do we promote any vendors in this platform. Its a platfortm where vendors connect to their sellers easily and sell the product.
If you create a mobile application by using our Service, you are responsible for maintaining the security of your account , and you are fully responsible for all activities that occur under the account and any other actions taken in connection. You must not describe or assign keywords to your created mobile application in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. Geobull Innovations LLP on behalf of Grobiz may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Grobiz’s liability. You must immediately notify Grobiz of any unauthorized uses of your mobile application, your account or any other breaches of security. Geobull Innovations LLP on behalf of Grobiz will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.If the created app by you is found to be used for inappropriate or unlawful or illegal and is not found in accordance with the laws of respective country, Grobiz will terminate its service and the account will be blocked permanently. No refunds in any way will be made under such circumstances.
1.2 Responsibility of Contributors
If you operate a mobile application, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Grobiz for inclusion on any services or applications provided by Grobiz you grant Grobiz a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile application. If you delete Content, Grobiz will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Grobiz has the right (though not the obligation) to, in Grobiz’s sole discretion (1) refuse or remove any content that, in Grobiz’s reasonable opinion, violates any Grobiz policy or is in any way harmful or objectionable, or (2) terminate or deny access to and use of the Service to any individual or entity for any reason, in Grobiz’s sole discretion. Grobiz will have no obligation to provide a refund of any amounts previously paid.
Grobiz may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your grobiz.app account (if you have one), you may simply discontinue using the Service. Grobiz can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If you have purchased only one category then you are only allowed to add items or products to that specific category (if you have purchased clothing manufacturer application then you are only allowed to sell products relating to clothing), if the person found using multiple categories which is not pertaining to that category then his/her application will be banned and no refunds will be made.For eg. if you have purchased the category clothing manufacturer, and you added grocery products to be sold through the purchased application then Grobiz holds the right to ban the application and no refunds will be made.
If we receive a chargeback or payment dispute (i.e. Razor Pay Dispute) or any other third party payment gateway or from a credit card company or bank, your service and/or project will be suspended without notice. A $120 chargeback fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, please contact us to address any billing issues. Requesting a chargeback or opening a Razor Pay dispute or any other third party payment gateway for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund.
1.5 Disclaimer of Warranties
The Service is provided “as is” Grobiz and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Grobiz nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
Geobull Innovation LLP ( Grobiz) will not be responsible for the rejection of app on playstore or appstore.
1.6 Limitation of Liability
You expressly understand and agree that Grobiz 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 Grobiz 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) any bugs arising in the app; (vi) corruption of application, hacking attacks, security of the app or any other matter relating to the service; (vii) any rejection of your mobile application from any mobile application store or marketplace; (viii) for any amounts that exceed the fees paid by you to Grobiz under this agreement during the one(1) month, three(3) month or the twelve (12) month period prior to the cause of action. Grobiz shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
1.7 General Representation and Warranty
You agree to indemnify and hold harmless Grobiz, its contractors, and its licensors, and their respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party; or (v) any rejection of your mobile application from any mobile application store or marketplace, for any reason whatsoever. This defense and indemnification obligation will survive these Terms and your use of the Service.
1.9 User Generated Apps
All apps created on our platform are User Generated Apps, Grobiz does not endorse and has no control over User Generated Apps submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content App created through the Grobiz App builder is not necessarily reviewed by Grobiz prior to posting in Market Place and does not necessarily reflect the opinions or policies of Grobiz. If at any time Grobiz chooses, in its sole discretion, to monitor the Marketplace, Grobiz nonetheless assumes no responsibility for User Generated Apps, no obligation to modify or remove any inappropriate or inaccurate User Generated Apps, and no responsibility for the conduct of the user submitting any User Generated App. Grobiz makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content and other materials on the Marketplace. Nonetheless, Administrator reserves the right to prevent you from submitting User Generated App and to edit, restrict or remove any User Generated App for any reason at any time. You agree that Administrator shall accept no liability if we prevent, in our sole discretion, your User Generated App from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of this app builder and any third-party app on which your User Generated App may be included, to access, view and comment on the material for such user’s personal use.
1.10 Third-Party Services & Third-Party Application Providers
Grobiz apps utilize multiple Third-Party services including but not limited to PubNub, Google’s (YouTube, Maps, Firebase, Sheets, API.AI), Sinch, Vuforia, AWS, and others. You acknowledge that the license to each Third-Party Service that you obtain, is a binding agreement between you and the Application Provider. For Third-Party Apps, you acknowledge that (i) you are acquiring the license to each Third-Party App from the Application Provider; (ii) Grobiz is not acting as agent for the Application Provider in providing each such Third-Party App to you; and (iii) Grobiz is not a party to the license between you and the Application Provider with respect to that Third-Party App. The Application Provider of each Third-Party App is solely responsible for that Third-Party App, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third-Party App. In the case of Third-Party Apps, the License Fee is set as the sole discretion of the Third-Party Application Provider and Grobiz does not collect the License Fee on behalf of the Third-Party Application Provider, you will have to pay this directly to the Third-Party Application Provider. The Licensor may change the License Fee at any time.
1.11 Data Ownership Rights
You Own the App, App data (content) and retain copyright and any other rights you already hold in Application that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Application and your User Content, and you are responsible for protecting those rights. However, we reserve rights to lock your app for further viewing, editing or updating, In case your subscription is cancelled. Vendor is solely responsible for adding or removal of data . Grobiz holds no responsibility of removal of any data of the application,
1.12 Legal Issues & Jurisdiction
The district and high courts located in Pune,Maharashtra,India shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Non-payment shall result in acceleration of the minimum value of this agreement being payable in full. You acknowledge that in the event of such acceleration, the minimum value of this agreement shall be due and payable as minimum liquidated damages because such balance will bear a reasonable proportion to Grobiz's minimum probable loss from your non-payment, the amount of Grobiz's actual loss being incapable to calculate. Client agrees to pay all costs and expenses, including but not limited to, attorney fees and court costs, for the collection and/or enforcement of any obligation under this agreement, whether or not a lawsuit or arbitration is commenced.
This Data Processing Addendum (“DPA”) forms part of the Master Subscription Agreement or other written or electronic agreement between Grobiz and Customer for the purchase of online services (including associated offline or mobile components) from (identified either as “Services” or otherwise in the applicable agreement, and hereinafter defined as “Services”) (the “Agreement”) to reflect the parties’ agreement with regard to the Processing of Personal Data.
By agreeing to the Agreement, Customer enters into this DPA on behalf of itself and, to the extent required under applicable Data Protection Laws and Regulations, in the name and on behalf of its Affiliates, if and to the extent Grobiz processes Personal Data for which such Affiliates qualify as the Controller. All capitalized terms not defined herein shall have the meaning set forth in the Agreement.
In the course of providing the Services to Customer pursuant to the Agreement, Grobiz may Process Personal Data on behalf of Customer and the Parties agree to comply with the following provisions with respect to any Personal Data, each acting reasonably and in good faith.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than
50% of the voting interests of the subject entity
“Controller” means the entity, which determines the purposes and means of the Processing of Personal Data.
“Customer Data” means what is defined in the Agreement as “Customer Data.” or “Your Data.”
“Data Subject” means the individual to whom Personal Data relates.
“Personal Data” means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.
“Processor” means the entity which Processes Personal Data on behalf of the Controller.
2. PROCESSING OF PERSONAL DATA
2.1Customer’s Processing of Personal Data. Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customers shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
2.2 Grobiz’s Processing of Personal Data. Grobiz shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer’s instructions for the following purposes: (i) Processing in accordance with the Agreement and applicable Order Form(s); (ii) Processing initiated by Users in their use of the Services; and (iii) Processing to comply with other reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.
3. RIGHTS OF DATA SUBJECTS
3.1 Data Subject Request. Grobiz shall, to the extent legally permitted, promptly notify Customer if Grobiz receives a request from a Data Subject to exercise the Data Subject’s right of access, right to rectification, restriction of Processing, erasure (“right to be forgotten”), data portability, object to the Processing, or its right not to be subject to an automated individual decision making (“Data Subject Request”). Taking into account the nature of the Processing, Grobiz shall assist Customer by appropriate technical and organizational measures, in so far as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, Grobiz shall upon Customer’s request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent Grobiz is legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from Grobiz’s provision of such assistance.
3.2 Data Subject Access Request (DSAR). If you wish to request for a DSAR, all you need to do is send us an email at [email protected] and we’ll respond at the earliest. Grobiz shall, in the event of Data Subject Access Request (DSAR) from a data subject, furnish and send a report to the data subject within one calendar month of receipt of request. DSAR is essentially a request from a data subject for a copy of the personal data being processed by the Controller and an explanation of the purpose for which this personal data is being used.Typically the DPO responds back within 15 days, however the response time is never more than 30 days. In accordance with Article 15 of GDPR, individuals have the right to ask for the following information from Grobiz :
● What personal data is being processed
● The purposes for which the personal data is being processed
● Who has the personal data or who will it be disclosed to
● The existence of any automated decision-making, including profiling. And, at least where this produces legal or similarly significant effects, what logic is being used for that purpose.
● How long will the data be retained for (or at least the criteria used to determine this)
4. Grobiz PERSONNEL
4.1 Confidentiality. Vendors are responsible for adding or removal of any products. Grobiz is not responsible for any removal of the products from the application.
5. RETURN AND DELETION OF CUSTOMER DATA
Grobiz shall return Customer Data to Customer and, to the extent allowed by applicable law, delete Customer Data in accordance with the procedures and timeframes specified in the Agreement.
BILLING, TERMINATION, CANCELLATION AND REFUND On SUBSCRIPTIONS IN OTHER COUNTRIES.
Grobiz offers subscriptions (in abroad),which entitle the original purchaser access to Grobiz for a period. Grobiz also offers add-on plans for each app, which allows purchaser access to Grobiz’s additional services, including dedicated account manager. The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled. If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for your cancellation. All Grobiz accounts begin with an obligation-free trial which will allow you to evaluate the service. However, charges will only be applied after explicit account purchase. If you have a question about charges made to your account, please contact us immediately. Grobiz has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. If Grobiz terminates your account because of a violation of our terms of service, Grobiz will not refund any portion of your license fees. Refunds are not applicable on rejection of your mobile application from any App Store, playstore or marketplace. There is no refund policy once payment is done. Payment once made is non refundable in any circumstances.
BILLING, TERMINATION, CANCELLATION AND REFUND ON SUBSCRIPTIONS FOR INDIA
Grobiz offers subscriptions in India,which entitle the original purchaser access to Grobiz for a period . The purchaser agrees to pay all fees in effect when incurred. You will be billed for your subscription in advance at the time of purchase and the subscription will automatically renew indefinitely until explicitly cancelled. If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for your cancellation. All Grobiz accounts begin with an obligation-free trial which will allow you to evaluate the service. However, charges will only be applied after explicit account purchase. If you have a question about charges made to your account, please contact us immediately. Grobiz has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. If Grobiz terminates your account because of a violation of our terms of service, Grobiz will not refund any portion of your license fees. Refunds are not applicable on rejection of your mobile application from any App Store or marketplace. There is no refund policy once payment is done.
FREE TRIALS, CANCELLATIONS, AND REFUND ON SUBSCRIPTION RENEWALS
All Grobiz accounts begin with an obligation-free trial which will allow you to evaluate the service. However, charges will only be applied after explicit account purchase. Unfortunately, we can’t provide extensions to the free trial period and once billing has taken place, we are not able to offer refunds. If you decide to become a subscriber, you can upgrade to one of our paid plans even during the trial period. Once you have subscribed to one of our paid plans, your subscription will renew automatically, on your next renewal date, until you cancel. Your cancellation stops all future payments only and no refunds will be offered on renewal payments made to date. Renewal rates are subject to change. Cancellations can be made any time by visiting the billing info page of your app or by contacting [email protected]. Please note that once billing has taken place, we are not able to offer refunds. The availability and duration of the free trial may vary by region and payment gateways.
PAYMENT FOR ADDITIONAL SERVICES
Grobiz offers additional Consumable in-app purchases that includes, but not limited to, Domain Name Registration, Premium Background Images, App Promotion , App Hosting, App Bandwidth, Submission, Resubmission, Account Manager, Unlimited Push Notifications, Additional Drivers & Moderators, which you can select depending on your needs. Once a payment or deposit is made for these services, it is non-refundable. Consumable in-app purchases are depleted but can be upgraded on need basis and email notifications are sent to users when critical level thresholds are reached. It is pertinent to mention here that if Consumable in-app purchases are fully depleted and not upgraded, then this will lead to your app being locked for editing and viewing purposes.
CONTENT POSTED ON OTHER SERVICES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which grobiz.app links, and that link to grobiz.app. Grobiz doesn’t have any control over those non-Grobiz services and web pages, and is not responsible for their contents or their use. By linking to a non-Grobiz website or webpage, Grobiz does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Grobiz disclaims any responsibility for any harm resulting from your use of non-Grobiz websites and web pages.