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Terms of Service

Effective Date: 01/05/24

Welcome to Manufacturing App Marketplace and The Dels Group, operating at manufacturingappmarketplace.com, appsales.manufacturingappmarketplace.com, thedelsgroup.com, and appdels.com (“we,” “us,” “our”). We sell digital manufacturing applications (“Apps”) and related services to customers worldwide, deploying them on the Oracle APEX platform within client-chosen regions for compliance, regulatory, and data residency needs.

By accessing our websites, purchasing our Apps or services, or otherwise engaging with us, you agree to these Terms of Service (“Terms”). If you do not agree, you should not use our websites or services.

1. Global Availability

Our services are offered worldwide. However, certain jurisdictions may impose laws, regulations, or restrictions that could affect your ability to purchase or use our Apps. You are responsible for ensuring that your use of our services complies with all local laws and regulations in your jurisdiction.

2. Use of Our Apps and Services

  • Licensing: When you purchase or subscribe to an App, we grant you a limited, non-exclusive, non-transferable license to use that App solely for your internal business operations, subject to these Terms.
  • Oracle APEX Platform: Our Apps are deployed on Oracle APEX, and the hosting environment (deployment type and region) is chosen by you (the client) to meet compliance and data residency requirements. You must comply with Oracle’s terms of service and acceptable use policies when using any Oracle service, as stipulated by Oracle.
  • Updates & Modifications: We may update, modify, or discontinue Apps or features from time to time. We will endeavor to provide reasonable notice (we consider a minimum of one year reasonable) where material changes impact your existing usage. We will rarely discontinue, but factors beyond our control may necessitate it.
  • Storage and Data Needs: Each Apex service requires storage. Egress and ingress are not charged. The storage cost is US$2.70 per 20GB block of storage required. This is typically ample for standard data requirements, but high-volume image or video needs should be factored into costings.
  • Subscription Model & No Lock-In: Most of our Apps are provided under a subscription model without long-term lock-in. You may cancel your subscription at any time without incurring penalties. Upon cancellation, your license to use the App terminates immediately, and we reserve the right to disable access to the service. Any amounts owed for the current billing cycle remain due.
  • Data Ownership: While we own the intellectual property rights to the Apps, all data you input or generate in the App belongs to you. Upon termination of your subscription, you may request a data export within a specified timeframe (e.g., within 30 days), subject to any applicable data retrieval fees. Beyond this timeframe, we may delete your data in accordance with our retention policies.

3. Client Responsibilities

You are responsible for maintaining the confidentiality of your account credentials, user IDs, and passwords. You are also responsible for all activities carried out under your accounts. You agree to provide accurate and current information during account setup or during purchase transactions.

4. Fees & Payment

  • Pricing & Currency: All prices are typically listed in USD. Payment must be made in the specified currency, unless otherwise agreed upon by us.
  • Subscription Model: Some Apps are offered as a monthly or annual subscription. Continued access to the App or service requires timely payment of subscription fees.
  • Taxes & Duties: You are responsible for any taxes, duties, or other charges imposed by your local authorities or relevant jurisdictions.

5. No Warranties

Our Apps and services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation. We do not guarantee that the Apps will meet your specific needs or that they will operate error-free.

6. Indemnification

You agree to indemnify, defend, and hold harmless Manufacturing App Marketplace and The Dels Group, including our officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of our Apps or services, including any data you enter or store within the App.
  • Your breach of these Terms.
  • Your violation of any applicable laws or regulations.
  • Any third-party claim arising from or related to your business practices or activities.

This indemnification obligation survives the termination of these Terms and your use of the Apps or services.

7. Limitation of Liability

  • Exclusion of Consequential Damages: In no event shall we be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to your use of our Apps or services, including loss of revenue or profits, even if advised of the possibility of such damages.
  • Liability Cap: To the fullest extent permitted by law, our total cumulative liability under these Terms shall not exceed the amount you paid for the App or service giving rise to the claim in the twelve (12) months preceding the event.

8. Intellectual Property Rights

All intellectual property rights (e.g., copyrights, trademarks, design rights) in the Apps, documentation, and associated materials remain our sole property or that of our licensors. You may not modify, distribute, or reproduce these materials except as allowed by written agreement or applicable law.

9. Termination

We reserve the right to terminate or suspend your account or access to Apps if you violate these Terms or engage in any conduct that jeopardizes the security or integrity of our services. Upon termination, your license to use the Apps ceases, and any amounts owed remain due.

10. Global Compliance & Export Control

You agree to comply with all applicable export control, trade, and economic sanctions laws and regulations in connection with your use of our Apps and services. We make no representation that our Apps or services are appropriate or available for use in your jurisdiction; accessing our services where they are illegal is prohibited.

11. Governing Law

Unless otherwise required by local law, these Terms shall be governed by and construed in accordance with the laws of [Insert Governing Jurisdiction], without regard to conflict of law provisions. You consent to the exclusive jurisdiction of the courts in [Insert Governing Jurisdiction] to resolve any dispute arising out of or related to these Terms.

12. Amendments

We may update these Terms from time to time. If we make material changes, we will notify you by email (if available) or by posting a notice on our websites. Your continued use of our services after any amendments indicates your acceptance of the updated Terms.

13. Contact Us

If you have questions about these Terms or any other concerns, please contact us:

Email: [email protected]