Terms of Service

Effective Date: May 5th, 2025
Platform: Despia
Address: 21255 Burbank Boulevard, Los Angeles, CA 91367
Contact Email: license@despia.com

These Terms of Service (the “Agreement”) govern your access to and use of the Despia App Builder software and related services (collectively, the “Software”). This Agreement is a legally binding contract between you (“Licensee”) and Despia.com (“Despia,” “we,” “us,” or “our”).

By accessing, installing, or using the Software, you confirm that you are at least 18 years old and agree to be bound by this Agreement, including the incorporated Software License Agreement and Fair Usage Policy. If you do not agree, you may not access or use the Software.

1. Grant of License

1.1 Limited License

Despia grants Licensee a non-exclusive, non-transferable, revocable license to use the Software solely for building and deploying mobile applications (“Apps”) on a per-App and per-operating system basis, as outlined in your selected license plan.

1.2 Restrictions

You may not:

  • Distribute, sublicense, lease, or resell the Software unless expressly permitted.

  • Reverse engineer, decompile, or modify the Software.

  • Use the Software to develop competing or derivative tools.

  • Circumvent license limitations or fee requirements.

1.3 Use for Clients

You may use the Software on behalf of clients only under a direct service contract. Each client App and OS requires a separate license.

2. Fair Usage Policy

2.1 Purpose

The Fair Usage Policy ensures system stability and fair access for all users.

2.2 Unfair Use Defined

Unfair or excessive use includes:

  • Activity exceeding 10x the median usage of similar accounts.

  • Excessive automated build requests or misuse of infrastructure.

2.3 Overages

If your usage exceeds the policy:

  • Despia will issue a warning or notice.

  • Additional usage will be billed at $0.55 per build minute.

2.4 Enforcement

Continued excessive use may result in:

  • Temporary suspension of service.

  • Required upgrade to a higher usage plan.

  • Termination for ongoing violations.

3. Fees and Payments

3.1 Payment Terms

Licensee must pay all applicable license fees. All payments are non-refundable except where required by law.

3.2 Licensing Rules

Each license applies to one App on one OS. Hybrid or cross-platform builds require separate licenses.

3.3 Lifetime License

A “Lifetime License” is tied to the App and OS identified at the time of purchase. Modifications or repurposing require a new license.

4. Intellectual Property

4.1 Ownership

Despia retains full ownership of all Software intellectual property, including source code, design, and branding.

4.2 Confidentiality

Licensee must safeguard access credentials and prevent unauthorized distribution or use of the Software.

4.3 No Infringement

Licensee agrees not to use the Software to violate copyrights, patents, or trade secrets.

5. Termination

5.1 Termination by Despia

We may suspend or terminate your access without notice if you:

  • Breach this Agreement;

  • Fail to pay fees when due;

  • Engage in abuse or misuse of the Software.

5.2 Post-Termination Duties

Upon termination, you must:

  • Immediately stop using the Software;

  • Delete all copies;

  • Confirm compliance in writing if requested.

6. Disclaimers & Limitations

6.1 Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES, EXPRESS OR IMPLIED. DESPIA DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, DESPIA’S TOTAL LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE IN THE PRIOR 12 MONTHS. DESPIA IS NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

7. Governing Law and Jurisdiction

7.1 California Law

This Agreement is governed by the laws of the State of California, excluding its conflict of laws rules.

7.2 Venue and Jurisdiction

All legal proceedings shall be brought exclusively in the state or federal courts located in Orange County, California. Licensee consents to jurisdiction and venue in those courts and waives any objection.

7.3 Class Action Waiver

Licensee waives any right to participate in a class action, class arbitration, or representative claim.

8. Miscellaneous

  • Entire Agreement: This document forms the full agreement between the parties.

  • Severability: If any provision is unenforceable, the rest remain valid.

  • Waiver: A waiver of any right must be in writing and does not waive future rights.

  • Assignment: You may not assign this Agreement without our written consent.

9. Acknowledgment

By using the Software, you confirm that you have read, understood, and agreed to be bound by this Agreement, the Software License Agreement, and Fair Usage Policy.

Despia, LLC
21255 Burbank Boulevard
Los Angeles, CA 91367
Email: legal@despia.com

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