Effective Date: September 12, 2014
Welcome to Wix Application Market!
In order to use any App, you must agree to be bound by these App Market Terms. Further access or use of the App Market or any App or other acceptance to the Terms of Service or these App Market Terms, whichever occurs first, shall constitute your acceptance of the Wix Terms. Please read the Wix Terms. Moreover, the Wix Terms shall apply to all visits that you make or activities you conduct or undertake at or through the App Market (or an App therefrom). If you do not wish to comply with the Wix Terms, you are not permitted to access or use the Apps and should immediately cease any use and uninstall and delete or destroy any Apps or other related materials you have in your possession or control.
1. Using and Installing Apps
The App Market offers to Users the opportunity to license and then access and install particular Apps for use with the Website services that Wix offers. Many of the Apps are developed, offered, provided, and licensed to you by third party developers or licensors (with such entities hereinafter referred to collectively as “Third Party Developers”). Apps offered and provided by Wix shall be expressly noted, with all other Apps offered and provided by Third Party Developers.
From time to time, we may offer to Users sales, credit point, or other promotions that may be utilized in the App Market. Please note that in the event of any promotion, Wix may subsequently modify or discontinue any such promotions at any time. Additional terms applicable to such promotions shall be separately provided with each such promotion, and Wix may otherwise provide notice of any modification by direct communication with its Users or through general announcements offered through the App Market. Subject to your compliance with the Terms, Wix hereby grants to you through these App Market Terms a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the App Market for the sole purpose of browsing, locating, or purchasing a license to Apps offered by Wix or its Third Party Developers. All rights not expressly granted by Wix are hereby reserved. Accordingly, you are hereby prohibited from using the App Market in any manner that is not expressly and unambiguously authorized by these App Market Terms. Wix shall own all right, title and interest in and to the App Market and Wix or its Third Party Developers shall own all right, title, and interest in and to the Apps offered to Users, including without limitation all applicable intellectual property rights in the Apps.
The App Market or the Apps in the App Market may also contain links to third party websites (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by Wix and are owned, controlled and/or maintained solely by third parties over whom Wix exercises no control. In addition, Wix may in its sole discretion provide third party content on the App Market (“Third Party Content”). Such Third Party Content is created, edited, published, maintained and transmitted by third parties. Accordingly, Wix hereby expressly disclaims and shall not have any liability or responsibility for (i) any Third Party Content appearing on the App Market, or (ii) the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on Third Party Sites accessible through links in the App Market. Moreover, the Third Party Sites and Third Party Content do not imply an endorsement by Wix with respect to any third party, any third party content, any website, network, page, or the products or services provided by any third party.
In addition, the Apps in the App Market may allow for access to certain third party services, including, without limitation, API platforms, marketing and advertising services, social network platforms, publication and delivery services, e-commerce services, and other services (with such third party services hereinafter referenced collectively as "Third Party Service(s)"). In connection with utilizing any Third Party Service, please note that you may need to accept additional updates or upgrades to certain Apps from time to time in order to continue your use of the App or use of the App through the App Market. In connection with utilizing any Third Party Service, please also note that such Apps may collect or use certain data, including personally identifiable information. Please review the respective privacy policies offered by each App.
Wix is not responsible and does and will not have any liability for any Third Party Service.
Please also note that Wix may terminate its use of or any App Market’s utilization (and any App’s (available therefrom) utilization) of any Third Party Service in its sole discretion at any time and with or without notice to you. Any such termination may result in the inability to utilize certain features of the App offered through the App Market. Further, Wix is not responsible for such termination.
By downloading, accessing, or using the App Market, you represent and warrant that (i) you are at least 18 years of age or the legal age of majority; (ii) you will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Wix through the App Market; and (iii) pay all required fees through any payment method prescribed and/or permitted by Wix, including, without limitation, through a credit card or any online payment processing service. Any breach of the foregoing representations and warranties entitles Wix to immediately terminate the Wix Terms and/or seek any and all remedies available at law or equity.
Registration for access to and use of the App Market may require both a user name and a password and adherence to other particular access requirements as designated by Wix in its sole discretion from time to time for your account. You hereby agree to consider your user name and password as confidential information and not to disclose such information to any third party without the prior express written consent of Wix, which may be withheld in its sole discretion. You shall immediately notify Wix if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and password. Wix will not be liable for any loss or damage arising from your failure (whether inadvertent or intentional) to comply with these obligations. These App Market Terms provide only a limited license to access and use the App Market. Accordingly, you hereby agree that Wix transfers no ownership or intellectual property interest or title in and to the App Market to you or anyone else in connection with your use of the App Market. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the App Market are exclusively owned, controlled, and/or licensed by Wix or its members, parent(s), licensors, or affiliates. WIX and all other names, logos, marks, and icons identifying Wix and its products, and/or services are owned exclusively by Wix, and any use of such marks without the prior express written permission of Wix is hereby expressly prohibited. Other trademarks or service marks identified on or through the App Market may be the trademarks or service marks of third parties, including Third Party Developers.
Any review, feedback or other submissions you make to Wix on or through the App Market, including, without limitation, any information you provide to Wix through any registration process and/or forum (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable and non-exclusive right and license for Wix to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such Submission without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
2. Payment Terms, Cancellations and Refunds
a. Free Apps and Consideration for Using the Apps
Apps, whether offered by a third party or by Wix, may be provided for with or without a fee. In addition, both Wix and Third Party Developers may impose, in its and their sole discretion, additional conditions or limitations on your access and use of certain Apps. Such additional conditions or limitations shall be identified or provided by notice in connection with each applicable App. In the event use of an App requires a certain fee(s), applicable fees or conditions shall be further identified or provided by notice in connection with each applicable App. Please note that purchasing of the App is generally final, and no returns, replacements or refunds will be permitted. Wix, however and in its sole discretion, may refund the purchase of an App if the App does not work properly. Such refund does not and will not include any obligation to issue the same or similar refund in the future. Pricing and availability of any and all Apps remains subject to change at any time in Wix or Third Party Developer’s sole discretion and particularly for changes due to your designated country on your billing account. The App Market shall identify the then current fee, availability, or applicable terms, conditions, or limitations, at the time of download or access. There may also be some technical challenges in the conversion rates of certain currencies. If you encounter such difference, you may contact us at firstname.lastname@example.org and Wix will address such payment issue on a case-by-case basis. You are solely responsible for the payment of all fees and taxes (in each case, if any) for any App that you obtain from the App Market. Moreover, when you indicate that you wish to license an App, you hereby authorize Wix to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such App from time to time, and as and when such payments become due. Please note that for Apps from Third Party Developers, Wix shall serve only an intermediary role in facilitating or collecting the applicable fees and taxes from you.
b. Price Changes.
Apps, When you license an App that requires a fee payment, please note that Wix or the Third Party Developer shall apply the fee in effect at the time of download or request to license the App (or one if its features). Wix shall identify or provide notice of the applicable fee at the time of download or request for license. Wix and its Third Party Developers reserve the right to change the fees owed for any App (or one of its features). If Wix or the Third Party Developer later increases an on-going subscription or other periodic fee for an App, the increase will apply against the next payment due. For Apps requiring an on-going subscription or other periodic fee, if you do not wish to continue being assessed a fee for use of the App, you may delete and otherwise stop all use of the App and provide Wix with notice thereof using email@example.com. Following such deletion and the provision of notice to Wix, you will not be charged further amounts for the App, provided you have notified us before the end of the current billing period. You will not receive a refund for the current billing period.
a. The WixHive & Data Collection
The use of the App Market and any of the Apps may provide Wix with data relating to the download, use and performance of an App or Apps, as well as information regarding your use of the App and the App Market. For example, the use of an App from the App Market may provide Wix with data about the device type, network connectivity, location of the device running an App, information about when an App is launched, individual session lengths for Apps, or why an App may not be working. The App Market also utilizes a Wix proprietary API (the “WixHive”) to captures data from a variety of actions or "activities" made through an App, such as contact information, messages, navigation, purchases, bookings, and more. All of this data or activity data is and will be stored and managed by Wix in a centralized database. Please note that Wix may share related data with you, Third Party Developers or with other third party business partners that will work with Wix in connection with the App Market or the provision, hosting, support, implementation, or the conduct of transactions through an App(s). In addition, Third Party Developers may store and manage such data provided through their Apps that you have chosen to install on your website, and may share such data with other Apps that are installed on the same website. With the WixHive, Wix is creating an environment whereby Wix and its Third Party Developers can generate business processes using Apps and the data collected therefrom and shared (as noted above) in order to improve the functionality of the App Market and the Apps available therefrom and to allow Users to use related Apps or associated App Market functionality.
b. Data Protection.
4. Use of and Restrictions on Apps
a. Restrictions on App Usage.
Any actual or attempted use of the App Market by you in violation of these App Market Terms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Wix reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the App Market (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the App Market. Wix may share any User Information we obtain from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. Wix will also disclose User Information as required by any court order and/or subpoena. In addition, Wix hereby reserves the right in its sole direction to at any time and without notice modify, suspend, terminate, and/or interrupt operation of or access to the App Market, or any portion thereof, in order to protect the App Market, Wix, or the business interests of Wix and/or its members and affiliates.
The right to use the App Market or any App is limited and will be further determined by the Wix Terms and the terms and conditions provided by an applicable Third Party Developer. All rights not granted by Wix or a Third Party Developer are reserved. In particular, you hereby agree not to directly or indirectly undertake the following: (a) sell, resell, lease, license, or sublicense the App Market or any App. ; (b) attempt to reverse engineer the App Market or any App (or any component of either); (c) attempt to create a substitute or similar marketplace, App Market, or application through use of, or access to, the App Market or any App; or (d) use the App Market or any App to store or transfer any restricted or unlawful data, including, without limitation, any App Market data that is controlled for export under export control laws and re-export control laws and regulations, such as, without limitation, the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the U.S. Department of State.
b. Removal or Unavailability of Apps.
All Apps are only available to you in the App Market for long as Wix has the right to make such App available or, in the case of Apps provided by Wix, for as long as Wix determines, in its sole discretion, to make its own App available. Wix therefore reserves the right to remove or suspend the availability of any App from the App Market for any reason and with no obligation to provide any explanation or notice. Please review the App Market from time to time to determine current App availability. In addition, if for some reason your account at Wix was disabled or accessed in an unauthorized manner, then you may be prevented from accessing the App Market or any files or any Apps that are associated with your Wix account. Wix does not provide any representation, warranty, or guarantee regarding its ability to store any data with or as a part of the App Market (or any App available therefrom). Please keep a back-up of any data that may be stored with the App Market (or any App). App MarketWix will not be responsible for any lost data for any reason.
c. Disclaimer of Warranty.
WIX PROVIDES THE APP MARKET AND ALL APPS, WHETHER DEVELOPED BY WIX OR A THIRD PARTY DEVELOPER, ON AN "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS, INSTALL, OR USE AN APP, YOU DO SO ON A VOLUNTARY BASIS AND BEAR ALL OF THE RISK ASSOCIATED WITH YOUR USE OF THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND AS APPLICABLE TO THE APP MARKET (AND ANY APP AVAILABLE THEREFROM), WIX DISCLAIMS ALL WARRANTES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
d. Limitation of Liability.
IN NO EVENT IS WIX LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING SUCH DAMAGES IN THE NATURE OF LOST DATA, PROFITS, OR REVENUE, EVEN IF WIX KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. MOREOVER, FOR ANY AND ALL DAMAGES OR LIABILITY, WIX WILL NOT BE HELD LIABLE FOR THE USE OF THE APP MARKET OR APPLICABLE THAT GAVE RISE TO THE DAMAGE FOR MORE THAN THE AMOUNT PAID BY YOU TO WIX DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
WIX MAY MODIFY THE WIX TERMS, INCLUDING THESE APP MARKET TERMS, AT ANY TIME. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED TERMS ON WIX WEBAPP MARKET OR PROVIDING DIRECT NOTICE THROUGH EMAIL TO THE ADDRESS YOU PROVIDE. YOUR USE OF THE APP MARKET, INCLUDING ACCESS TO ANY APP AVIALABLE THEREFROM, FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES AND CONTINUED ACCEPTANCE OF THESE APP MARKET TERMS (THEN IN EFFECT). WIX RECOMMENDS THAT YOU REVIEW THE WIX TERMS, INCLUDING THESE APP MAREKT TERMS, ON A PERIODIC BASIS.
a. Dispute resolution and waiver of class actions..
Subject to Wix’s right to seek injunctive relief, and except to the extent prohibited by applicable law, you hereby agree to resolve any dispute relating to or arising out of these App Market Terms or Wix’s performance in connection therewith only as set forth in this section. You may initiate a dispute with Wix by sending a written notice to firstname.lastname@example.org, specifying with as much detail as possible the nature of your dispute, what you request as resolution and submitting any documentation that you feel would be useful for Wix to review in order to resolve the dispute. If we cannot resolve the dispute by negotiating in good faith within thirty (30) days of the date on which we receive your written notice, you hereby agree that any dispute relating to or arising out of these App Market Terms or Wix’s performance in connection therewith shall be subject exclusively to binding arbitration in accordance with the Federal Arbitration Act and the Rules of the American Arbitration Association (AAA) (the AAA’s rules are available at www.adr.org or by calling (877) 495-4185). Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. Notwithstanding anything in this section to the contrary, any dispute relating to our intellectual property or proprietary rights or your misuse of the App Market, may be brought by us in any court of competent jurisdiction. In addition, you hereby agree that (i) you or anyone on your behalf will bring claims against Wix or its affiliates in your or their individual capacity only and not as plaintiff or class member in any purported class or representative proceeding; and (ii) in any arbitration or court proceeding, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Moreover, you hereby agree that Wix has the right to seek attorneys’ fees from you.
b. Waiver & Severability.
Wix’s failure to insist upon strict performance of any of the terms and conditions of these App Market Terms by you will not operate as a waiver of any subsequent or other default or failure of performance. If any part of these App Market Terms is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of these App Market Terms shall continue in effect.
These App Market Terms have been made in and will be construed and enforced in accordance with the laws of the State of Israel, without respect to its conflict of laws principles. Any claim or dispute between you and Wix that arises in whole or in part from the Wix website shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel. YOU AND WIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE APP MARKET TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
No joint venture, partnership, employment, or agency relationship exists between you and Wix as a result of these App Market Terms or your utilization of the App Market. Headings are for convenience only. These App Market Terms along with the Wix Terms represent the entire agreement between you and Wix with respect to use of the App Market, and hereby supersede all prior and/or contemporaneous communications and proposals, whether electronic, oral, or written between you and Wix with respect to the App Market. You may not assign or transfer any rights under these App Market Terms without the prior express written consent of Wix, which may be withheld in Wix’s sole discretion.