App Cloner Terms of Use

The App Cloner mobile application (the "App") is made available by AppListo ("AppListo", "us", "we" or "our").

You, the user of the App, confirm your acceptance of these App terms of use ("App Terms"). If you do not agree to these App Terms, you must immediately uninstall the App and discontinue its use. These App Terms should be read alongside our Privacy Policy.

Changes to these App Terms

We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you shall not use the App.

Use of the App

AppListo hereby grants you a non-exclusive, non-transferable, revocable licence to use the App only on an Android device or emulator ("Device") as permitted by the applicable Platform Terms and in accordance with these App Terms ("User Licence"). All other rights in the App are reserved by AppListo.

The utilization of the App and/or its generated app clones ("Clones") is exclusively intended for personal and/or commercial purposes. The commercial employment of the App and/or Clones is strictly restricted to internal business operations and necessitates the completion of at least one Ultra donation within the App. The term "internal business operations" explicitly refers to activities conducted within the premises, site, or location of the business. Providing access of the App and/or Clones to external or remote operators or off-premise is strictly forbidden.

"Commercial" use of the App and/or Clones is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes an individual or a business (e.g. sole proprietorship, corporation, or partnership), product, offering or service through marketing, advertising, building a community, or by increasing impressions, engagements, clicks, likes, shares, subscriptions, followers, comments, streams and/or orders, and/or by any other means, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly. If any one or more of the criteria in (i), (ii) and (iii) is met, then the use is deemed "Commercial".

You will not share your App Cloner account, your purchase(s) and/or your donation(s) with anyone else outside your premises, site, or location of the business or with anyone using a device that is not owned by you or your company. You will not resell your App Cloner account, your purchase(s) and/or your donation(s) to anyone. For this reason, you are obliged to keep your email / account password confidential. If you believe your email / account has been compromised at any time, you must immediately notify us. You are also advised to protect your email / account with two-factor authentication (2FA) and periodically change your email / account password. All your purchases and donations are linked to your email / account and cannot be changed to another email / account in retrospect. In the event of a loss of email / account access, access to purchases and donations shall be forfeited.

Your App Cloner account is permitted for use from up to five distinct locations ("Locations") within a 24-hour period. However, if you have made the Ultra donation, or if you have purchased the Additional login locations add-on, you are granted the privilege of using it from up to ten different locations within the same time frame. The system automatically clears login locations after the aforementioned 24-hour period.

A "Location" shall be ascertained based upon the public IP address assigned to you at the moment of commencing the App. It is advisable that you employ a reliable internet connection, with a preference for a Wi-Fi network, as opposed to utilizing a mobile or cellular data connection, in order to mitigate the frequency of IP address alterations. Furthermore, it is imperative that you refrain from employing a Virtual Private Network (VPN) or a global proxy connection for this purpose.

Upon any violation of these App Terms by you, we reserve the right to promptly terminate the User Licence and deny access to the App, without any obligation to provide compensation.

You acknowledge that your agreement with your mobile network provider ("Mobile Provider") will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

You acknowledge that where you use services provided by Google (or any other third parties) in connection with your use of the App, you will be subject to Google's (or the applicable third party's) terms and conditions and privacy policy and you should ensure that you have read such terms.

Intellectual Property

The AppListo name and logo, the App Cloner name and logo, and other AppListo trademarks, service marks, graphics and logos used in connection with the App are trademarks of AppListo (collectively "AppListo Trademarks"). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively "Third Party Trademarks"). The AppListo Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of AppListo or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to AppListo and its licensors.

You acknowledge and agree that you have obtained consent and authorization from the copyright owner of any and all apps before you use the App to generate Clones of said apps. You may not, directly or indirectly: sell, modify, translate, copy, publish, transmit, distribute and/or otherwise disseminate the App and/or Clones. You may not upload the App and/or Clones to app stores, including but not limited to: Google Play Store, Amazon Appstore, Samsung Galaxy Store, Huawei AppGallery, Xiaomi GetApps, OPPO APP Market, Vivo App Store, Tencent Appstore, APKMirror, APKPure, Aptoide and/or F-Droid. You acknowledge and agree that you do not acquire any ownership of any kind of the generated Clones.

You may not decompile, decipher, disassemble, reverse engineer or otherwise attempt to access source code of the App and/or Clones, or circumvent any technical limitations in the App and/or Clones that change their use, except as expressly permitted by applicable law notwithstanding this limitation.

Prohibited Uses

You agree not to use the App and/or Clones in any way that:
      is unlawful, illegal or unauthorised;
      is defamatory of any other person;
      is obscene or offensive;
      promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      infringes any copyright, database right or trade mark of any other person;
      is likely to harass, upset, embarrass, alarm or annoy any other person;
      is likely to disrupt our service in any way; or
      advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Indemnification

You agree to indemnify AppListo for any breach of these App Terms. AppListo reserves the right to control the defence and settlement of any third party claim for which you indemnify AppListo under these App Terms and you will assist us in exercising such rights.

No Promises

AppListo provides the App on an "as is" and "as available" basis without any promises or representations, express or implied. In particular, AppListo does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App, its content or generated clones. App clones may cease to function after app updates or at any time and AppListo makes no commitment to rectify the problem.

To the fullest extent permitted by applicable law, AppListo hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.

Exclusion of AppListo's Liability

Nothing in these App Terms shall exclude or in any way limit AppListo's liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.

To the fullest extent permitted under applicable law, in no event shall AppListo be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.

AppListo shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure or other harm.

In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall AppListo's liability arising under or in connection with these App Terms and your use of the App exceed USD 50.

General

These App Terms shall be governed by the laws of Switzerland and the parties submit to the exclusive jurisdiction of the courts of Switzerland to resolve any dispute between them arising under or in connection with these App Terms.

If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Privacy

We collect and use information provided by you in order to provide you with the App as described in these App Terms, in accordance with our Privacy Policy. We may collect and use information about your use of the App in order to provide the App services, process your transactions, or to maintain and improve the App.

We do not share information about you with third parties.

In connection with your use of the App, we may send you administrative messages, service announcements, and other information.

Refund Policy

Unless indicated otherwise at the explicit discretion of AppListo, all purchases and donations are final and no refunds are provided for any products or services. Please do not contact us with refund requests as we cannot fulfill these requests. You can contact the support outlet for the platform, in which you purchased the product or service, but the circumstances and conditions of eligibility for a refund are determined at their discretion.

Changes to the App

We reserve the right to make changes to the App, and the App may be revised to provide more, fewer, or different, features. You agree that your subscription to the App is for the App in its form at the time of subscription. We may also, from time to time, offer different subscription, add-on or donation tiers for the App, and the subscription, add-on & donation fee for such tiers may vary.

Termination

We may stop providing the App to you at any time, including for breach of these App Terms. We reserve the right to suspend or terminate the App at any time.

Contact Us

If you have any questions regarding our App, you can email us [email protected].


Last Updated: October 2023