Thanks for choosing Go Church App! We are really excited to work with you to create a customized mobile app to meet the needs of your organization. This Service Agreement sets forth the terms of the relationship between Go Church App (a subsidiary of Avalanche Creative, LLC) and (“You”), and by signing below, You acknowledge and agree to these terms of service.
- Service . We will provide You with an initial consultation, either by email, telephone or in person, to discuss and determine the needs of your organization; from there, we will create a customized app for your organization based on your input; then we will work with You to prepare a final version of your app, which we will submit to the Apple App Store and Google Play Android App Store (these services are defined as the “Services”). Once your app is accepted by the app stores, You can direct your congregation, your audience, your volunteers, or anyone else to download the app and begin using it. Anyone who downloads your app is defined as “Your User.” From this point forward, management of the app is your responsibility. We will provide You with materials, instructions, and tutorials to help you manage the app (dynamic app management is one of the best features of our app!) but, while we hope to be available to answer any questions You may have about the management of your app after it has been submitted to the app stores, we are not committing to do so and we make no promises about our ability to help you manage the app after it is submitted to the app stores.
- Cost . We need to receive the first payment for the monthly subscription (the “Hosting Fee”) before we begin working on your app. Once your app is submitted to the app stores, the cost of monthly hosting for the app is the Hosting Fee which must be paid by the tenth of every month. You agree that you are committing to pay the Hosting Fee for at least one year, and thereafter for every month that your app remains in the app stores. Accordingly, the total amount due from You to Go Church App for the Hosting Fee for the first year (12 months) of service is $600 ($50/month), which may be paid monthly after the first year. You agree to pay in full pursuant to the terms above. While we expect that your app will be accepted by the Apple and Google Play app stores, and we have never had any problems with our apps being accepted by the Apple and Google play app stores, we can’t promise or guarantee that it will. If your app is not accepted by the Apple and Google Play app stores, we agree to refund your Hosting Fee.
- Terms . This Service Agreement embodies the entire agreement and understanding Go Church App and You with respect to its subject matter, and supersedes all prior and contemporaneous agreements and understandings, oral or written. You acknowledge that You have had full opportunity to consult with any advisors of your choice in connection with your decision knowingly to enter into this Service Agreement. You acknowledge and agree that You did not execute this Agreement in reliance on any representations, warranties or statements that Go Church App, or anyone acting on behalf of Co Church App has made, other than those representations, warranties and statements set forth in writing in this Service Agreement.
Avalanche Creative,, LLC • firstname.lastname@example.org • www.gochurchapp.com
- Ownership of Documents and Information . All documents, materials, information, logos, apps, media, programs, webinars, and any other similar or related content provided by Go Church App to You pursuant to this Agreement or used by Go Church App in connection with the Services are and shall remain the property of Go Church App and shall not be reproduced in any form without the express written consent of Go Church App.
- Standard of Care and Liability Limitations. Go Church App agrees to provide the Services with a standard of care consistent with other small businesses that provide app building services for ministries. Go Church App does not promise or guaranty any particular results or outcomes to You or Your Users as a result of the Services and Go Church App is providing these Services without any representation or warranty of any kind, including implied warranties, and You and Your Users expressly disclaim any representations or warranties of any kind. You acknowledge and agree that there are inherent risks, including privacy risks, with using technology such as the apps that Go Church App is providing and You agree that Go Church App shall not be liable to You or Your Users for the release or dissemination of any private, financial or personal information arising out of or in connection with with Agreement or the Services. In no event shall You or Your Users be entitled to recover any lost profits, lost revenue, or any special, incidental, punitive or consequential damages (however arising, including through negligence or under any other legal theory) arising out of or in connection with with Agreement or the Services. In no event shall Go Church App be liable under this agreement to You or Your Users in an amount that exceeds Go Church App’s actual receipts from You for the Services. You agree to indemnify Go Church App, its officers, members, managers, employees and agents from any claims and any damages of any type that are brought by Your Users, as well as any agent, employee, officer, director, member, manager of You, arising out of or in connection with this Agreement, the Services, or any app provided by Go Church App to You. You agree that any legal action by the You, your officers, members, managers, employees and agents, relating in any manner to any claim of any type against Go Church App must be filed by You with a court of competent jurisdiction within six (6) months of the act, transaction, occurrence, or breach giving rise to Your claim. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Michigan, without regard to its conflict of laws principles. The parties agree that the sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or any Services provided by Go Church App to Client shall be an appropriate state court located in Grand Rapids, Michigan, and the parties agree to waive and not raise any objections or defenses based upon venue or forum non-conveniens.