Terms & Conditions
Last updated October 26, 2023
NOWCAST | Mobile & App Builder Platform is licensed to You (End-User) by NOWCAST, LLC, located and registered at PO Box 3376, Greenville, South Carolina 29603, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. NOWCAST, LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and
Google Play Terms of Service ("Usage Rules"). NOWCAST, LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
NOWCAST | Church Engagement Platform when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. NOWCAST | Church Engagement Platform is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
TABLE OF CONTENTS
- THE APPLICATION
- SCOPE OF LICENSE
- TECHNICAL REQUIREMENTS
- MAINTENANCE AND SUPPORT
- USE OF DATA
- USER-GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- LIABILITY
- WARRANTY
- PRODUCT CLAIMS
- LEGAL COMPLIANCE
- CONTACT INFORMATION
- TERMINATION
- THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
- INTELLECTUAL PROPERTY RIGHTS
- APPLICABLE LAW
- MISCELLANEOUS
1. THE APPLICATION
NOWCAST Mobile & OTT App Builder ("Licensed Application") is proprietary software developed and owned by NOWCAST, LLC. The Licensed Application enables users to build and manage customized mobile applications for iOS and Android devices, as well as over-the-top (OTT) television applications for platforms including Roku, Apple TV, Google TV, Amazon Fire TV, and Android TV.
The platform provides a drag-and-drop, no-code interface that allows users to create and deploy feature-rich applications. Available functionalities include, but are not limited to: in-app donations, podcast distribution, video-on-demand websites, and integrated social media publishing tools. The Licensed Application is intended for use by video content creators and related media brands seeking to distribute, engage, and monetize content across supported digital platforms.
The Licensed Application may be accessed via the NOWCAST software-as-a-service (SaaS) environment and is provided solely for lawful use in accordance with these Terms and Conditions.
1.1 “App Built in 48 Hours” Clarification
The statement “App Built in 48 Hours” refers specifically to the initial internal assembly and deployment of a user’s application within the NOWCAST SaaS environment using the app emulator. This timeline applies only once the user has provided all required content, which includes:
- A minimum of five (5) video categories
- At least one (1) video per category
- Thumbnails for each video
- Title for each video
- Descriptions for each video
Upon receipt of these materials, the NOWCAST platform will generate a viewable version of the user’s mobile and OTT application, viewable via the emulator for review and testing purposes.
This 48-hour timeline does not include the publishing of the app to external app stores such as Apple App Store, Google Play, Roku, Amazon Fire TV, or Google TV. Submission to and approval by these third-party platforms is subject to their independent review processes and timelines, which typically take up to ten (10) business days but may vary.
1.2 Storefront Website - The user’s storefront website can be activated and ready to accept monthly subscription payments once a Stripe account has been successfully created and connected to the user’s bank account. Stripe is the required third-party payment processor for subscription billing within the NOWCAST platform.
1.3 The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
1.4 30-Day Publication Guarantee
NOWCAST offers a conditional guarantee that if a user’s mobile application is not published to the Apple App Store and Google Play Store within thirty (30) calendar days from the date all requirements are fulfilled, the user will not be charged any subscription fees until the app is successfully published.
This guarantee is contingent upon the user completing all responsibilities necessary for publication, including but not limited to:
- Obtaining and maintaining an active Apple Developer Account and Google Developer Account, both of which are third-party services and are not affiliated with NOWCAST;
- Following all instructions provided by NOWCAST to set up the developer accounts;
- Submitting all required content and assets needed for app publication, including video categories, video files, thumbnails, and descriptions, as outlined in Section 1.1;
- Completing any mandatory app store forms, compliance steps, and verifications required by Apple and Google.
NOWCAST's role is limited to providing guidance and support during the developer account setup process and submitting the user's app to the relevant app stores. NOWCAST does not control the approval timelines or policies of Apple or Google and is not responsible for delays caused by their review processes.
If the user fails to complete any of the required steps, delays or non-publication resulting from user inaction will void this guarantee. In such cases, the user remains responsible for all applicable fees.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with NOWCAST, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with NOWCAST, LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
3.5 NOWCAST is currently in Beta Testing. Some bugs my be present during this phase.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 NOWCAST, LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: nowcast.cc/privacy-policy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
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You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of NOWCAST, LLC's sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify NOWCAST, LLC about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of thirty (30) days after discovery.
9.4 If we confirm that the Licensed Application is defective, NOWCAST, LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9.7 NOWCAST offers a conditional guarantee that if a user’s mobile application is not published to the Apple App Store and Google Play Store within thirty (30) calendar days from the date all requirements are fulfilled, the user will not be charged any subscription fees until the app is successfully published.
This guarantee is contingent upon the user completing all responsibilities necessary for publication, including but not limited to:
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Obtaining and maintaining an active Apple Developer Account and Google Developer Account, both of which are third-party services and are not affiliated with NOWCAST;
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Following all instructions provided by NOWCAST to set up the developer accounts;
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Submitting all required content and assets needed for app publication, including video categories, video files, thumbnails, and descriptions, as outlined in Section 1.1;
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Completing any mandatory app store forms, compliance steps, and verifications required by Apple and Google.
NOWCAST's role is limited to providing guidance and support during the developer account setup process and submitting the user's app to the relevant app stores. NOWCAST does not control the approval timelines or policies of Apple or Google and is not responsible for delays caused by their review processes.
If the user fails to complete any of the required steps, delays or non-publication resulting from user inaction will void this guarantee. In such cases, the user remains responsible for all applicable fees.
10. PRODUCT CLAIMS
NOWCAST, LLC and the End-User acknowledge that NOWCAST, LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of NOWCAST.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Jayson Reese
PO Box 3376
Greenville, SC 29603
support@nowcast.cc
13. TERMINATION
The license is valid until terminated by NOWCAST, LLC or by You. Your rights under this license will terminate automatically and without notice from NOWCAST, LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
REFUNDS - ALL SALES ARE FINAL AND NO REFUND WILL BE ISSUED.
Please note that our policy is 'No Refunds or Exchanges'. Regardless of whether your, the End User's Mobile or Television Apps are published on the app stores, we do not offer refunds for services rendered or for access to the NOWCAST app builder Software As A Service (SAAS) Application. Once the payment for the service has been processed, we cannot provide refunds or exchanges. We recommend that you thoroughly review the service details before making a payment. If you encounter any issues or have concerns about the quality of the service, please reach out to us within 3 days of receiving the service. While we will make every effort to address and resolve your concerns, we cannot guarantee a refund or exchange as all sales are final. Your satisfaction is our highest priority and we are committed to improving our services. We appreciate your understanding and patience.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
NOWCAST, LLC represents and warrants that NOWCAST, LLC will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
NOWCAST, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, NOWCAST, LLC, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of South Carolina excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 NOWCAST, LLC will deduct a monthly fee from You the (End-User) for each monthly and annually subscriber.
- For monthly subscribers, NOWCAST, LLC will automatically deduct a $1.00 fee from You the (End-User) for each paying subscriber. This fee is per subscriber and is billed monthly.
- For yearly subscribers, NOWCAST, LLC will automatically charge You the (End-User), a one-time fee of $6.00. This fee is per subscriber and is billed annually.
This fee structure ensures that NOWCAST, LLC can continue to provide its services and maintain its operations. The fees are charged directly to the NOWCAST (End-User) or account holder's credit card or bank account they have on file with NOWCAST, LLC
It's important to note that these fees are part of the subscription agreement between NOWCAST, LLC and it's customers (End-User).
