Terms of Service

Terms & Conditions

SmallBiZzApps.com is a trading name of Xclusiv Concepts Mobi LLC.

By using SmallBiZzApps.com, you (“You”, “Your”) are agreeing to be bound by this Agreement. If you do not agree to all the terms and conditons of this agreement, you may not access the SmallBiZzApps.com site or use any of the services. Please exit the site.

Xclusiv Concepts Mobi LLC (“Xclusiv Mobi”, “Us”) may at any time modify any of the terms and conditions contained in this Agreement at its sole discretion without prior notice to you. It is your responsibility to check these terms and conditions on a regular basis as your continued usage of the service will be deemed by Xclusiv Mobi to be acceptance of the amended terms and conditions. All changes will be effective once posted on this site.

Service Description and General Use Provisions

  1. Xclusiv Mobi provides users with a mobile solution (SmallBizzApps.com) that enables individuals and businesses to use web-based software tools to create mobile applications for delivery to mobile devices (the “Services”).
  2. Xclusiv Mobi shall provide You with access to Xclusiv Mobi’s web-based software tools that will allow You to design mobile applications via the Service.
  3. You agree that if you use the SmallBiZzApps.com service, or any part thereof, you possess all rights to use and distribute any Content provided to the Service.
  4. You agree that if you use the SmallBiZzApps.com service, or any part thereof, Xclusiv Mobi have permission to install mobile applications created by the Service on your device, devices to which you and others share the mobile application and devices that download the application from Xclusiv Mobi or any 3rd party site where the application URL is exposed.
  5. Distribution. Mobile Applications built using SmallBiZzApps.com depending on your subscription solutions package will be available to download from the Apple App Store and Google Play Store. All applications will be submitted either into Xclusiv Mobi’s own developer accounts or developer accounts created by You or on Your behalf. Xclusiv Mobi cannot guarantee the acceptance of a mobile application in to any application store. If applications are rejected you will be refunded the appropriate amount. You are responsible for the promotion and marketing of Your mobile application.
  6. Support. Xclusiv Mobi shall provide support for SmallBiZzApps.com by email. Support will be available 9am-5pm EST Monday – Friday (excluding public holidays). Xclusiv Mobi will use commercially reasonable efforts to respond to logged emails within twenty-four (24) hours.Support Services consists of:
    1. Assistance with troubleshooting to diagnose and fix errors in the web-based software tools.
    2. Access to community-supported FAQs and Forums relating to the web-based software tools.
    3. Advice regarding the design, downloading and uploading an App to the Apple App Store and Google Play Store.
    4. Access to Xclusiv Mobi documentation relating to the web-based software tools.​
    5. Exclusions from Support Services:
      • Assistance in the design, development and uploading of an App to the Apple App Store and Google Play Store.
      • Information and assistance on technical issues related to the installation, administration, and use of enabling technologies such as databases, computer networks, and communications.
    6. Upgrades, Updates and Fixes: Xclusiv Mobi may provide, from time to time, Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Xclusiv Mobi shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Xclusiv Mobi to provide Updates or Fixes.
      1. ​​​Upgrades: for the purpose of this agreement, an Upgrade shall be a material amendment in our web-based software tools, which contains new features and or major performance improvements.
      2. Updates: for the purpose of this agreement, an Update shall be a minor amendment our web-based software tools, which may contain new features or minor improvements.
      3. Fix: for the purpose of this agreement, a fix shall be a minor amendment in our web-based software tools, intended to remove bugs or alter minor features which impair our web-based software tool’s functionality.
  7. Your Obligations. You shall not include in the Content any material that we reasonably believe:
    1. constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant;
    2. is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
    3. is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
    4. is defamatory or violates a person’s privacy;
    5. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement bodies;
    6. improperly exposes trade secrets or other confidential or proprietary information of another person;
    7. is intended to assist others in defeating technical copyright protections;
    8. infringes another person’s trade or service mark, patent, or other property right;
    9. is discriminatory in any way, including by way of sex, race, or age discrimination;
    10. facilitates any activity or conduct that is or may be defamatory, pornographic, obscene, indecent, abusive, offensive or menacing;
    11. involves theft, fraud, drug-trafficking, money laundering or terrorism;
    12. is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and
    13. is otherwise malicious, fraudulent, or may to result in retaliation against us by offended viewers.
    14. promote a service which can be reasonably classified as a competitor of the SmallBiZzApps.com service
    15. attempt to duplicate, modify or distribute any portion of the SmallBiZzApps.com Service;
      1. without the prior written consent of Xclusiv Mobi, use all or any part of the Services to provide services to third parties; or
      2. transfer, temporarily or permanently, all or any of its rights hereunder.
  8. Use of Logos. Xclusiv Mobi may display Your Logos in connection with the Service and on Xclusiv Mobi’s website in a manner reasonably acceptable to Content Provider. Xclusiv Mobi agrees that, as between the parties this Agreement does not confer on Xclusiv Mobi any right of ownership in the Logos and all uses by Xclusiv Mobiof the Logos will inure to the benefit of the respective owners of the Logos.
  9. Payments. Xclusiv Mobi will make the mobile applications created on the SmallBiZzApps.com Service available to You subsequent to you maintaining Your subscription payments. Subscription payments are taken at the start of each month or year, in full, depending on if You have chosen a monthly or yearly subscription. You may cancel Your subscription at any point via the SmallBiZzApps.com Site, but partial refunds for part month or part year are not available. Current prices are specified in the Service. The price at which you subscribe will not change without prior notice to You. Current prices for new users are subject to change at any point without notice.
  10. Ownership. You shall retain all right, title and interest in and to the Content and the Logos. Xclusiv Mobi or its licensors shall retain all right, title and interest in and to the Service, including the SmallBiZzApps.com Site and all content therein.
  11. Warranty and Disclaimer. a. You represents and warrants to Xlusiv Mobi that: (i) You have all necessary rights to grant the rights and licenses granted hereunder, including, without limitation, sufficient rights to Content provided by You; (ii) You has the power and authority to enter into and perform its obligations under this Agreement; (iii) You currently has no restrictions that would impair its ability to perform its obligations under this Agreement; (iv) Content does not and will not infringe upon third party intellectual property rights; (v) Content will not defame or otherwise injure any third party and (vi) Your performance of its obligations under this Agreement does not and will not infringe upon any third party privacy or publicity rights. For the avoidance of doubt, nothing on the SmallBiZzApps.com website (“Site”) or within the Service confer any license or ownership right in or to the content on the Site, or the Services offered, under any of Xclusiv Mobi’s intellectual property rights,b. Xclusiv Mobi represents and warrants to You that: (i) Xclusiv Mobi has the power and authority to enter into and perform its obligations under this Agreement and (ii) to the best of Xclusiv Mobi’s knowledge, it currently has no restrictions that would impair its ability to perform its obligations under this Agreement.c. EXCEPT FOR THE FOREGOING, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, AND EACH PARTY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
  12. Confidentiality. Each party agrees that all business, technical and financial information it obtains from the other party that is marked “Confidential” or “Proprietary,” (or, if verbally disclosed, is disclosed in such a manner that a reasonable person would understand that such information is confidential) are the confidential property of the disclosing party (“Proprietary Information”). Except as expressly allowed herein, the receiving party will hold in confidence and not use or disclose any Proprietary Information of the disclosing party. The receiving party shall not be obligated under this Section with respect to information the receiving party can document: (i) is or has become readily publicly available without restriction through no fault of the receiving party or its employees or agents; (ii) is received without restriction from a third party lawfully in possession of such information and lawfully empowered to disclose such information; (iii) was rightfully in the possession of the receiving party without restriction prior to its disclosure by the other party; or (iv) was independently developed by employees or consultants of the receiving party without reliance on such Proprietary Information.
  13. Limited Liability. EXCEPT IN CONNECTION WITH THE SECTIONS RELATING TO CONFIDENTIALITY AND INDEMNITY HEREIN: a) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY FOR: (I) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT OR (II) ANY PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; and b.) NEITHER PARTY’S LIABILITY WILL EXCEED THE FEES RECEIVED BY SUCH PARTY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT DURING THE 12 MONTHS PRECEEDING ANY CLAIM.
  14. Indemnity. You shall defend, indemnify, and hold Xclusiv Mobi harmless from any liability, damages, costs and expenses, including reasonable attorneys’ fees, relating to a third party claim that is related to or in connection with your breach of any representation or warranty in this Agreement. Xclusiv Mobi will promptly notify you in writing of any such claim. Xclusiv Mobi shall give you sole control over the defence and/or settlement of any such claim, except that you will not agree to any settlement or compromise that would require Xclusiv Mobi to make any payments or bear any obligations unless you obtains Xclusiv Mobi’s prior written approval.
  15. Termination. a. This Agreement may be terminated by either party in the event the other party materially breaches a provision of this Agreement and fails to cure such breach within fourteen (14) days after receiving written notice of such breach from the non-breaching party. Xclusiv Mobi may terminate this Agreement at any time, without cause, upon thirty (30) days prior written notice. b. Sections 5 and 7 through 15 of this Agreement shall survive termination or expiration of this Agreement. Termination of this Agreement shall terminate the licenses granted hereunder. Upon termination of the Agreement, Xclusiv Mobi shall return or destroy the Content received by Xclusiv Mobi prior to such termination.
  16. Miscellaneous. Each party shall be and act as an independent contractor and not as partner, joint venturer, or agent of the other. This Agreement and the rights, obligations and licenses herein, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors, assigns, and personal representatives. Content Provider shall not assign this Agreement in whole or part without the prior written consent of Xclusiv Mobi. This Agreement contains the entire understanding of the parties regarding its subject matter and supersedes all other agreements and understandings, whether oral or written. No changes or modifications or waivers are to be made to this Agreement unless evidenced in writing and signed for and on behalf of both parties. If any portion of this Agreement is held to be illegal or unenforceable, that portion shall be restated, eliminated or limited to the minimum extent necessary so that this Agreement shall reflect as nearly as possible the original intention of the parties and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of United States of America and Jamaica without regard to the conflicts of laws provisions thereof. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover reasonable costs and reasonable attorneys’ fees.