Mobile Applications Agreement
- Main provisions
- Application License Composition
- Two-factor Authentication
- Application Placement in Stores
- Publish by Company
- Apps Publish Assistance
- Application source code
- Application Updates
- Bug Fixes
- Custom Modifications
- Refund Policy
- Amendments to the Agreement
- Personal Data Processing
- Termination of Agreement by Us
- Termination of Agreement by User
- Limitation of Liability
- Governing Law
This End User License Agreement (hereinafter referred to as the "Agreement") is a legal contract between you, whether acting personally or on behalf of an entity, and Flynax Company (hereinafter referred to as the "Company"). This Agreement sets forth the terms, conditions, and limitations under which you (hereinafter referred to as the "User") may use the mobile Applications provided by the Company (hereinafter referred to as the "Applications").
By using the Applications, the User agrees to fully accept all terms and conditions contained in this Agreement and to refrain from altering these terms, conditions, and limitations in any way. Under this Agreement, the User guarantees that the Applications will not be used for purposes that violate applicable laws or the provisions of this Agreement.
Although the Application, once published, may be assigned to the User’s domain, include the User’s logo, and feature user-generated content, this Agreement does not grant the User the right to distribute, sell, or transfer the Application source code to third parties.
Application License Composition
The license cost of $95 USD includes the service of building/compiling the Application with the User’s copyrights, logo, color scheme, and other user-provided data.
Build Process
To start building one or two Applications, the User must submit a build request from their Flynax personal account via the link https://www.flynax.com/my-applications/request.html.
Once submitted, the request will be forwarded to the Mobile App Department, and the team will begin work (on business days only). The build process typically takes 2 to 5 business days, depending on the team’s workload.
Generating Application Files
Android Application
Upon completion, the User will receive two files, .apk and .aab. These files are sufficient for the user to independently begin the process of publishing the Application in Google Play Store.
iOS Application
For iOS applications, the User must provide the Company with access to their Apple Developer account, registered on https://developer.apple.com.
The technical team will log in twice during compilation and upload the completed build directly to the Apple Developer’s Account. The User is responsible for completing the application listing, filling in all required fields, and selecting the provided build for publishing.
Developer Account Access and Two-factor Authentication
As noted, building and placing a mobile Application requires temporary access to the User’s developer account. The User must provide login credentials, as well as verification codes if two-factor authentication is enabled.
To pass the code, the User must contact the Company's representative in the support chat and provide the code within 20 seconds for verification of the device from which the Application will be configured. The online support chat for this purpose is available on weekdays from 8:00 AM to 5:00 PM GMT+3.
Once the process is complete, the Company strongly recommends changing the account’s access data for security reasons.
Application Placement in Stores
iOS Applications
At present, iOS applications can only be distributed via Apple’s official App Store.
Android Applications
For Android applications, users may choose from several stores, including:
- Google Play;
- Huawei AppGallery;
- Xiaomi Mi Store;
- and other third-party app stores
Each store sets its own registration and verification requirements, and users must follow these rules when independently submitting their Applications.
Alternate Distribution for Android Applications
As an alternative, the User may host the .apk file on their own server and provide access via a direct link or QR code. The User is responsible for ensuring the link’s functionality, download security, and informing site users of how to install the Application outside of official stores.
Can the Company publish the Application on behalf of the User?
Because publishing an Application requires personal data, additional app information, and identity verification, the Company is unable to complete the publication process on the User’s behalf.
The User must handle the process independently, which includes:
- developer account registration;
- identity confirmation;
- creating the app listing;
- Filling in the necessary text data, such as the app's name, description, and other details;
- uploading screenshots;
- uploading binaries app files (in the case of iOS — the build supplied by the Company);
- submitting the app for review.
The User shall adhere to the applicable app store's guidelines and requirements when submitting the application.
Can the Company Assist with Application Placement?
Yes, the Company provides the User with general informational support aimed at simplifying the process of independently publishing a mobile application in app stores. The User may utilize the guidelines and recommendations prepared by the Company to properly complete all stages of the app's publication.
If difficulties arise, the Company's technical support team is available to provide consultations and assistance, including:
- Clarifying app submission steps;
- Assisting with the preparation of graphical and textual materials (e.g., screenshots, descriptions, etc.);
- Offering recommendations in case of unexpected issues.
To receive extended support, including assistance with preparing supplementary materials, the User must purchase and pay for the corresponding service via their personal account on the Company’s official website. The service cost is determined individually upon request.
The Company is not responsible for the final moderation outcome or the approval of the application in the stores, as the decision to publish rests solely with the respective platform's administration.
Access to Application source code
Users may request the source code of the Application if they meet the following conditions:
- Both iOS and Android Applications have been purchased;
- The User assumes full responsibility for the build, configuration, and submission to stores;
- The User agrees that Flynax will not provide technical support for any issues related to the source code;
- The User agrees not to distribute or share the source code without the Company’s written consent.
The Company reserves the right to decline source code requests if these conditions are not met or if intellectual property rights are at risk.
Application Updates
Recompiling and rebuilding Applications requires resources and time, so the Company charges $45 USD per update..
This service includes rebuilding the Application with the User’s changes but does not cover modifying the source code or adding extra features.
Bug Fixes
The Company is obligated to fix critical errors affecting the application's functionality and related to built-in plugins required for proper software operation at no additional cost.
Errors and malfunctions resulting from:
- Incorrect configuration or unstable operation of the User's server;
- Modifications made by third parties;
- External interference;
may be resolved under the User's active paid support plan, purchased through their Personal Account on the Company's website, or through separate mutually agreed terms.
Custom Modifications
The Company may consider implementing custom modifications to the mobile application based on technical specifications provided by the User. However, the Company: is not obligated to accept requests for modifications and reserves the right to decline such work without providing justification.
To process the request, the User must provide:
- A clearly formulated technical specification;
- A finalized design mockup (if required for the modification).
If custom modifications were ordered and implemented for the web version (classifieds script), they do not automatically apply to mobile applications. To implement similar changes in the mobile app, the User must submit a separate request containing: a complete description of the desired functionality and A design prototype (if applicable).
The cost of custom mobile app modifications is $45 USD per specialist hour.
If custom modifications are ordered after the mobile app has been uploaded to the App Store or Google Play, a rebuild will be required, followed by app resubmission. This procedure costs $45 usd per update.
Refund Policy
The Company guarantees a full refund of all payments made for the mobile application if it fails to compile and submit the default version of the app within 5 (five) business days of receiving all required data from the User—provided the delay is solely due to the Company's fault.
Refunds are not granted under the following conditions:- A. After successful compilation and delivery of the Application
- B. If the User fails to provide necessary access or information
- C. If Apple rejects the Application (the company does not guarantee App Store approval)
- D. If the Company declines to implement custom modifications or changes to the application
- E. If the User cannot complete the App submission independently
User Obligations for App Placement:
For iOS Applications:
- Provide Apple Developer account access
- Pay an annual Apple subscription fee of $95
- Join the Apple Developer Program
For Android Applications in Google Play Store:
- Create a Google Developer account
- Pay a one-time Google registration fee of $25
- Join the Android Apps Development program.
The absence or inability to obtain the aforementioned data (including API keys) required for app compilation and submission does not qualify for a refund.
Given the mandatory Apple Developer account authentication with two-factor enabled, the User must promptly provide authorization codes. Failure to grant account access does not constitute valid grounds for a refund.
Amendments to the Agreement
The Company reserves the right to modify this Agreement unilaterally. Notice of updated terms will be published on the Company’s official website or sent to the User via email.
Continued use of the Application(s) after revised terms take effect constitutes the User’s full and unconditional acceptance of the new Agreement.
Amendments become effective immediately upon publication, unless otherwise specified in the revised version.
The Company may increase fees for: Recompilation and resubmission services, custom code modifications and without prior notice to the User.
If the User disagrees with any amendment, they may unilaterally terminate the Agreement and cease using the Application(s). Such termination does not entitle the User to a refund.
Personal Data Processing
During installation, compilation, or modification of the Application, certain User personal data may become accessible to the Company. The Company takes data protection and User privacy seriously, guaranteeing that: all personal information transmitted to our systems (including Apple/Google account credentials), any other User-provided data and will not be disclosed to third parties.
The Company may contact the User using previously provided contact details for purposes including: technical support provision, information delivery upon request and Marketing of Company products/services.
In compliance with our privacy policy: The Company does not sell or routinely share User personal data and do not transfer any date to third parties is only permitted under specific circumstances outlined below.
The Company may, under certain circumstances, comply with requests from law enforcement or other government authorities to disclose User personal data when the Company determines such information may assist in investigating criminal activity or fraudulent acts, provided such disclosure is permitted under applicable laws and regulations.
Termination of Agreement
The Company reserves the right to terminate this Agreement, revoke the User's application registration, and withdraw all rights granted under this Agreement if:
- The User, or any party using their account, materially breaches this license agreement or infringes upon the Company's rights;
- The Company becomes aware of activities associated with the User's account that it deems improper, unlawful, or in violation of this Agreement.
Termination by the Company takes effect upon notifying the User via email.
Termination of Agreement by User
The User retains the right to terminate this Agreement for one or all accounts containing the installed Applications at any time by notifying the Company via email. Such user-initiated termination shall not entitle the User to any refund for purchased Application(s).
Limitation of Liability
The Company disclaims responsibility for any consequences arising from the User’s Application, including business performance or unforeseen technical issues. The Company is not liable for direct, indirect, or incidental damages, including financial loss, missed profits, or claims from third parties.
Governing Law and Exclusive Forum
The Agreement, and the rights and obligations of the parties hereto, shall be governed and construed by and in accordance with the laws of Illinois, USA.
The sole and exclusive forum for resolving any controversy, dispute or claim arising out of or relating to the EULA, or otherwise relating to any rights in, access to or use of the Application and/or the rights and obligations of the parties hereto, shall be the District Court of Chicago, USA. You hereby expressly waive and agree not to raise any and all objections based on personal jurisdiction, venue and/or inconvenience of such forum and agree to the jurisdiction of the District Court of Chicago, Illinois, USA.