These Terms govern:
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Sommo is provided by:
UPTECH TEAM, INC. — 4546 El Camino Real #B10, 326, Los Altos, CA 94022 (USA)
Owner contact email: firstname.lastname@example.org
Latest update: September 15, 2022
"Sommo" refers to
The following documents are incorporated by reference into these Terms:
For more information/details, please read below.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Sommo, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Sommo.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Users can terminate their account and stop using the Service at any time by doing the following:
However, termination of the account will not be possible until the subscription period paid for by the User has expired. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods, unless otherwise agreed in written form.
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on Sommo is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Sommo infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Sommo, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Sommo, the User may download, copy and/or share some content available through Sommo for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content that Users provide to Sommo is made available according to the criteria outlined within this section.
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.
Users may (and are encouraged to) check on Sommo to find details of who can access the content they provide.
Through Sommo Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
The client shall pay the associated third party costs directly to such third party suppliers, if applicable.
If copyright holders or their agents believe that any content on Sommo infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.
Sommo and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Sommo and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Sommo or the Service, terminating contracts, reporting any misconduct performed through Sommo or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to Sommo are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of Sommo and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Users may access their data relating to Sommo via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses Sommo, is bound by these Terms and, in addition, by the following specific terms:
the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.
Some of the Services provided on Sommo, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of Sommo.
To purchase Services, the User must register or log into Sommo.
Prices, descriptions or availability of Services are outlined in the respective sections of Sommo and are subject to change; however, price changes to your subscription plans will apply only thirty (30) days after notice to you.
While Services on Sommo are presented with the greatest accuracy technically possible, representation on Sommo through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.
The characteristics of the chosen Services will be outlined during the purchasing process.
Any steps taken from choosing a Service to order submission form part of the purchasing process.
The purchasing process includes these steps:
When the User submits an order, the following applies:
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on Sommo are displayed:
The Owner may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Sommo.
Offers and discounts are always granted at the Owner’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Sommo.
All payments are independently processed through third-party services. Therefore, Sommo does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Users do not acquire any rights to use the purchased Service until the total purchase price is received by the Owner.
The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of Sommo within 30 days of concluding the contract.
Intellectual property rights.
All intellectual property rights and interests in the ready software product developed as a result of the Services rendered in accordance with this Agreement shall be the sole and exclusive property of the User. Except all products created with Natively application builder.
Ownership of Work Product.
The User shall have exclusive ownership of all work product created by Sommo and our team members in the course of performing the Services, including all Deliverables, and including all Intellectual Property Rights therein (collectively “Work Product”). As used herein, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
Notwithstanding the foregoing, the User acknowledges that Sommo retains the full right to use general knowledge, know how, methods, concepts, software tools, techniques, program organization, and database structuring techniques that have been or shall be developed by Sommo or that are in the public domain and that Sommo may continue to use any or all of them as Sommo chooses, so long as it does not contain any confidential or proprietary information of the User. The User acknowledges and agrees that Sommo team may use such materials for the performance of Services in accordance with the provisions of this Agreement.
Pre-Existing Materials. Notwithstanding any other provision of this Agreement, Sommo shall retain all right, title and interest in and to, including any Intellectual Property Rights with respect to any source code, object code, know-how, materials and information created by Sommo or its licensors prior to the start of this agreement.
User Materials. Sommo agrees that all User Confidential Information and any Intellectual Property Rights related thereto as well as all Intellectual Property Rights in materials supplied to Sommo by the User to perform the Services shall be the sole property of the User or its licensors, and Sommo obtains no rights to such Confidential Information or materials.
Third Party Materials; Open Source. Sommo may incorporate any proprietary information or materials owned by any third party (“Third Party Materials”) into any work product without the User's prior written permission only if Sommo has all necessary rights to do so.
The purchased service shall be performed or made available within the timeframe specified on Sommo or as communicated before the order submission.
Dedicated project manager, no-code developer, or designer will be working up to 40 (fourty) hours per week during the active subscription plan period .
The subscription also includes national holidays and paid vacations — up to 30 (thirty) days per year, or up to 2.5 days per month of the subscription. Our team members will communicate at least 14 days in advance about any such scheduled vacations or days off.
Builds created using the Natively application builder are guaranteed to be delivered to the user's account (Google/Apple) or by email within 48 hours from placing the order.
Our Project Managers, Designers, Developers, or any other team member will do their best to minimize any mistakes or errors. However, due to the nature of the design and development (no-code development including), we cannot guarantee all tasks will be delivered bug-free. Our team members will do our their best to correct any mistakes that you notify us about during the active subscription plan period, or 7 days after the end of the subscription.
If you notify us of any errors after such a time period, developers are not obligated to but intend to try to work with you to make corrections.
Mobile apps created by Natively application builder are provided as it is with no guarantee or further support.
Subscriptions allow Users to receive a Service continuously or regularly over a determined period of time.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.
Failure to meet the payment deadlines may result in the unavailability of the Service.
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 14 days after the notice of termination has been received by the Owner.
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over Sommo due to the nature of its offering.
The user can request a refund only if they are faced with technical issues related to the Natively application builder (such as crashes of the app, native features bugs, etc.) and within 48 hours after placing the order.
If the application created with the Natively application builder was rejected by App Store or Google Play team because of any issues related to the Natively application builder source code (Mobile App Source code) and you can provide any relevant confirmation (such as Emails or screenshots) of that. In such a case, the owner leaves all rights on decisions to refund on their own.
The refund policy does not cover the issues related to 3rd party software (such as iOS SDK, Android SDK, OneSignal, or any other external SDK)
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable statutory service liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Sommo has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
Sommo is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
Confidential Information does not include information that the receiving party can document (i) has entered the public domain through a source other than the receiving party and through no fault of the receiving party including via user's public tools (including but not limited to public forums, public blogs, etc.); (ii) was rightfully known to the receiving party without a confidentiality obligation prior to the commencement of the Services; (iii) is disclosed to the receiving party by a third party that has no confidentiality obligation; or (iv) is developed by the receiving party independently of and without reference to any Confidential Information.
Portfolio and use of the information.
The user hereby explicitly grants the Sommo with all the rights to use and/or publish all the non-confidential information derived from the interactions with the user and/or about the user in any client list publication or other marketing materials (including but not limited to Sommo website) of Sommo without the prior written or oral consent of the user.
Obligations regarding Confidential Information
Without limiting anything else in these terms, the receiving party agrees: (i) to hold and maintain in strict confidence the Confidential Information and not to disclose it to any third party other than its employees and subcontractors who have a need to know and have executed confidentiality agreements with the receiving party no less protective of the Confidential Information than this Section; (ii) to protect the Confidential Information from disclosure with the same degree of care it uses to protect its own proprietary information similar in nature, but in no event less than a reasonable degree of care; (iii) not to use any Confidential Information except as permitted by these terms; (iv) to return or destroy Confidential Information promptly upon the disclosing party’s written request; and (v) to keep all Deliverables and Work Product (defined below) created for the User confidential unless and until they are made public by the User or we has been authorized by the user to make them public.
Neither party shall be precluded from retaining or providing to third parties the same or similar services which are the subject of the terms; provided, however, that neither party shall use any Confidential Information of the other party in providing services to third parties.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Sommo and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Sommo are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Sommo are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
This section relates only to Sommo assets. See the Delivery intellectual property section for the information on the intellectual property of the delivery of our services.
"Non-Solicitation Period" means the period starting on the effective date of the purchase and ending two (2) years after termination of this Agreement, the User shall not solicit for employment or hire the Sommo's then current or future employees working as part of the team and with whom company personnel has interacted, either directly or indirectly, during the Non-Solicitation Period, without obtaining our prior written approval. Should an employee change employment from us to the user, the user shall pay us a fee equivalent to five (5) monthly salaries/amounts paid to the employee or subcontractor (the average of six (6) most recently paid months).
The relationship between the User and Sommo shall be that of independent contractors. None of the provisions of this Agreement are intended to create nor shall they be deemed or construed to create any relationship between Sommo and the User other than that of independent contractors. Neither Sommo nor the User, nor any of their respective agents, employees, or representatives shall be construed to be the agent, employee, or representative of the other. This Agreement shall not create any rights in any third party. Nothing contained in this Agreement shall cause either the User or Sommo to be liable or responsible for any debt, liability, or obligation of the other Party or any third party unless such liability or responsibility is expressly assumed by the Party sought to be charged therewith.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Sommo must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Sommo or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 14 days of receiving it.
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.
As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.
Sommo (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Sommo and/or the Service to Users.
The service provided by Sommo as described in these Terms and on Sommo, such as no-code development subscription, design subscription, support subscription, etc..
All provisions applicable to the use of Sommo and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Sommo.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.