Terms of Use

Terms

These Terms of Use (the “Terms”) are a binding contract between you (the “Customer”) and Market Push Apps SRL (“MarketPushApps”, “we”, “us”). They govern your use of our websites, Wix apps, products, and related services (collectively, the “Services”).

By installing, accessing, or using any of the Services, you agree to be bound by these Terms and by all applicable laws and regulations. If you do not agree, do not use the Services.

The materials and software provided through the Services are protected by applicable copyright and other intellectual property laws.

Eligibility & Business Use

The Services are intended only for users who:

are at least 18 years old, and
act on behalf of a business or as self-employed professionals, not as consumers.

By using the Services, you represent and warrant that you meet these requirements and that you have authority to bind the business you act for.

License & Acceptable Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes in connection with your Wix website(s).

You shall not:

copy, modify, distribute, sell, lease or sublicense the Services or any part of them
attempt to decompile, disassemble, reverse engineer or otherwise derive source code from any software provided by MarketPushApps
remove or alter any copyright, trademark or other proprietary notices
use the Services in violation of applicable law or rights of any third party

This license automatically terminates if you breach these Terms. We may suspend or terminate access to the Services at any time where we reasonably believe there is misuse, legal risk or non-payment.

Subscriptions, Payments & Refunds

Premium subscriptions and other paid features for our Wix apps are billed through Wix.com Ltd. or its affiliates, acting as merchant of record. All prices, billing periods and included features are as shown on the relevant Wix App Market listing or in-app pricing page (“Pricing”).

You may use free versions of the Services (where available) or subscribe to paid (“Premium”) plans
Premium subscriptions renew automatically at the end of each billing period unless cancelled in your Wix account
You are responsible for cancelling your subscription through the Wix platform before renewal if you no longer wish to use the Premium Service

All fees are charged in advance and are non-refundable to the maximum extent permitted by law. We do not provide partial or full refunds, credits or pro-rata adjustments in case of cancellation, downgrade or non-use of the Services.

Data & Privacy (GDPR-Related Basics)

You may use the Services to process data relating to your website visitors, customers or other individuals.

You are solely responsible for:

ensuring that you have a valid legal basis (such as consent or another lawful ground) to collect and share such data with us and with Wix
providing any required notices to data subjects
complying with all applicable data protection and privacy laws (including, where applicable, the GDPR)

For most apps, you act as the data controller in relation to your customers’ personal data, and MarketPushApps acts as a data processor on your behalf, processing that data only to provide and improve the Services and as otherwise permitted by law and our agreement with you.
Further details on how we handle personal data are (or will be) set out in our separate Privacy Policy and, where applicable, data processing terms.

Disclaimer of Warranties

THE SERVICES AND ALL MATERIALS AND INFORMATION PROVIDED THROUGH THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKET PUSH APPS SRL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THEY WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT (INCLUDING SALES, LEADS OR OTHER BUSINESS OUTCOMES).

Any content or information accessed through the Services is used at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKET PUSH APPS SRL, ITS DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKET PUSH APPS SRL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability; in such cases, these limitations apply only to the extent permitted by applicable law.

Changes to Services & Terms

We may modify, suspend or discontinue any part of the Services (including free features) at any time. We may also update these Terms from time to time.
Where required by law, we will provide at least 2 weeks’ notice of material changes by posting the updated Terms and/or notifying you through Wix or by email. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of those changes.
We shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law rules. You irrevocably submit to the exclusive jurisdiction of the competent courts in the city where Market Push Apps SRL has its registered office, for any dispute arising out of or relating to these Terms or the Services.

If you have any questions about these Terms, you can contact us at:

contact@marketpushapps.com