Last updated: April 29, 2017

Please read these Terms and Conditions carefully before using the http://www.ercsms.com website and the APPy Meal service operated by Engaging Results Communications.
Our service may not be compatible with all platforms or devices.
The client’s access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
These Terms apply to all visitors, clients, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of the terms then you may not access the Service.

All app design and elements are owned by APPy Meal and may not be duplicated replicated or used in any other format or platform. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to APPy Meal, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without APPy Meal’s express prior written consent.
Cancellation of Service
We reserve the right, at our sole discretion, to refuse service and terminate your account for any reason. Canceling your app is penalty free after the first year of purchase. Client must give a 30 day notice cancellation notice.
Penalties and fees may apply if App Service is canceled before one year of service or with notice shorter than 30 days.
Purchases
If you wish to purchase any product or service made available through the APPy Meal Service, you may be asked to supply certain information relevant to your Purchase including, without limitation:
(Your basic business information, online account information for various social media platforms, websites, business phone number etc.)
Data Use Policy
Your information is the information that’s required when you sign up for the site, as well as the information you choose to share in your app.  Registration Information: When you create your app, you are required to provide information such as your name, email address, etc. In some cases, you may be able to register using other information, like your telephone number. Information you choose to display. Your information also includes the information you choose to share through your app on APPy Meal such as when you send a push notification, upload a photo, or write about yourself/your business. Your name, icon & logo pictures, module cover photos, info & personal photos, business name, address, e-mail, phone number are all part of your public information. Public information means that the information you choose to provide in your app you open for everyone to see, as well as information that is always publicly available.
APPY Meal Service
AppMachine hereby grants the User a non-exclusive, non-transferable, limited right to access and use the Service, under the conditions of these Terms & Conditions and for the duration of the Agreement.
User may not publish the App and/or Web App by other means than through the use of the Service.

Process
Each client will fill out an app order request form and will be given a Free App Design Consultation.
The " Free App Design " includes a mock up of three non functional blocks as well as your color selection and brand logo (if one is provided by client) for illustrative purposes.
Along with two virtual design consultations prior to app launch upon app purchase.

Once App is purchased the additional design and blocks (5) Basic plan or (10) Pro will be completed and the app will be fully functional by the app launch date given.

An app includes up to 6 Blocks for the basic plan and up to 10 Blocks for the premium plan.
"Service"  includes support and maintenance for your app which is defined as five minor edits monthly and minor troubleshooting.

Changes & Support
We aim to make this process easy and simple. We are here to help and you can email support at any time. Each Basic plan is given (5) monthly edits. Each Pro plan is given (10). These include minor changes such as wording, swapping out a picture, or linking up a different account.
Minor is defined as any changes made to the aesthetic aspect of the pre-existing Blocks. This does not include adding or removing additional blocks.
In order to add additional blocks a request must be submitted and approved by the design team. Fees may apply depending on additional block functions.
Block deletion however is free.
Changes must be submitted by the 15th of every month via email.
Service time will vary depending on task requirements.

Upgrade your Plan

Upgrade from basic to premium plan can be done at any time. Simply email support and they will send a form on which you can pay. Service Fees and Pricing can be found on the service website:
http://www.ercsms.com/appy-meal.html

Subscriptions
The Service can be billed on a subscription basis ("Subscription(s)").
You may enroll in monthly auto pay for your service via Zoho. By purchasing with Zoho you are agreeing to their terms of service.
Prices and payment details (including subscription terms and payment terms) are specified on the Website and/or in the Service. Prices are shown in the currency mentioned on the Website and/or the Service, and are shown exclusive of VAT, import duties and other
government imposed taxes, duties and levies.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the rights to use that content and supply the content. If you would prefer one of our specialists to create content for your app fees may apply.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Engaging Results Communications.
Engaging Results Communications has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Engaging Results Communications shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30  days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Safety
We do our best to keep APPy Meal safe, but we cannot guarantee it. We need your help to keep APPy Meal safe, which includes the following commitments by you:
You will not post unauthorized commercial communications (such as spam) on APPy Meal.
You will not collect users’ content or information, or otherwise access APPy Meal, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on APPy Meal.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on APPy Meal.
You will not use APPy Meal to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of APPy Meal, such as a denial of service attack or interference with page rendering or other APPy Meal functionality.
You will not facilitate or encourage any violations of this Statement or our policies.


Contact Us

If you have any questions about these Terms, please contact us by sending an email to: info@ercsms.com  and someone will contact you within 24 hrs.



​