Terms of Service

These Terms govern:

  • the use of No Code No Problem, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

No Code No Problem is provided by:

UPTECH TEAM, INC. — 4546 El Camino Real #B10, 326, Los Altos, CA 94022 (USA)

Owner contact email: hello@nocodenoprob.com

Latest update: December 21, 2021

"No Code No Problem" (or "NCNP") refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;
  • Natively mobile app builder;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:

What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • Subject to your subscription plan for the selected Service (subscription), we will assign a dedicated person to work on your project/tasks (product manager, designer, no-code developer).
  • A dedicated person works up to 40 (forty) hours per week, which includes 2.5 days of paid time-off/vacation per month.
  • Our team members provide daily reports and communications on the ongoing tasks.
  • You own all the intellectual property rights for all deliverables from our team members under active subscription.
  • You can increase/decrease/cancel your subscription at any time. 

For more information/details, please read below.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using No Code No Problem.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using No Code No Problem, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by No Code No Problem.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on No Code No Problem.
  • By directly contacting the Owner at the contact details provided in this document.

However, termination of the account will not be possible until the subscription period paid for by the User has expired. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods, unless otherwise agreed in written form.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on No Code No Problem

Unless where otherwise specified or clearly recognizable, all content available on No Code No Problem is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on No Code No Problem infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on No Code No Problem - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on No Code No Problem, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on No Code No Problem, the User may download, copy and/or share some content available through No Code No Problem for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to provided content

Content that Users provide to No Code No Problem is made available according to the criteria outlined within this section.

Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.

Users may (and are encouraged to) check on No Code No Problem to find details of who can access the content they provide.

Access to external resources

Through No Code No Problem Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

The client shall pay the associated third party costs directly to such third party suppliers, if applicable.

How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on No Code No Problem infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.

Acceptable use

No Code No Problem and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of No Code No Problem and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to No Code No Problem or the Service, terminating contracts, reporting any misconduct performed through No Code No Problem or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to No Code No Problem are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of No Code No Problem and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to No Code No Problem via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses No Code No Problem, is bound by these Terms and, in addition, by the following specific terms:

the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Services

Some of the Services provided on No Code No Problem, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of No Code No Problem.

To purchase Services, the User must register or log into No Code No Problem.

Service description

Prices, descriptions or availability of Services are outlined in the respective sections of No Code No Problem and are subject to change; however, price changes to your subscription plans will apply only thirty (30) days after notice to you.

While Services on No Code No Problem are presented with the greatest accuracy technically possible, representation on No Code No Problem through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.

The characteristics of the chosen Services will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Service to order submission form part of the purchasing process.

The purchasing process includes these steps:

  • Users must choose the desired Services and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on No Code No Problem are displayed:

  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of No Code No Problem.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of No Code No Problem.

All payments are independently processed through third-party services. Therefore, No Code No Problem does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Retention of usage rights

Users do not acquire any rights to use the purchased Service until the total purchase price is received by the Owner.

Contractual right of cancellation

The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of No Code No Problem within 30 days of concluding the contract.

Delivery

Ownership of Work Product, Materials and Intellectual Property

Intellectual property rights. 

All intellectual property rights and interests in the ready software product developed as a result of the Services rendered in accordance with this Agreement shall be the sole and exclusive property of the User. Except all products created with Natively application builder.

Ownership of Work Product

The User shall have exclusive ownership of all work product created by No Code No Problem and our team members in the course of performing the Services, including all Deliverables, and including all Intellectual Property Rights therein (collectively “Work Product”).  As used herein, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

 

Notwithstanding the foregoing, the User acknowledges that No Code No Problem retains the full right to use general knowledge, know how, methods, concepts, software tools, techniques, program organization, and database structuring techniques that have been or shall be developed by No Code No Problem or that are in the public domain and that No Code No Problem may continue to use any or all of them as No Code No Problem chooses, so long as it does not contain any confidential or proprietary information of the User. The User acknowledges and agrees that No Code No Problem team may use such materials for the performance of Services in accordance with the provisions of this Agreement.

Pre-Existing Materials. Notwithstanding any other provision of this Agreement, No Code No Problem shall retain all right, title and interest in and to, including any Intellectual Property Rights with respect to any source code, object code, know-how, materials and information created by No Code No Problem or its licensors prior to the start of this agreement.

 

User Materials. No Code No Problem agrees that all User Confidential Information and any Intellectual Property Rights related thereto as well as all Intellectual Property Rights in materials supplied to No Code No Problem by the User to perform the Services shall be the sole property of the User or its licensors, and No Code No Problem obtains no rights to such Confidential Information or materials.

Third Party Materials; Open Source. No Code No Problem may incorporate any proprietary information or materials owned by any third party (“Third Party Materials”) into any work product without the User's prior written permission only if No Code No Problem has all necessary rights to do so. 

Performance of services

The purchased service shall be performed or made available within the timeframe specified on No Code No Problem or as communicated before the order submission.

Dedicated project manager, no-code developer, or designer will be working up to 40 (fourty) hours per week during the active subscription plan period .

 

The subscription also includes national holidays and paid vacations — up to 30 (thirty) days per year, or up to 2.5 days per month of the subscription. Our team members will communicate at least 14 days in advance about any such scheduled vacations or days off. 

Builds created using the Natively application builder are guaranteed to be delivered to the user's account (Google/Apple) or by email within 48 hours from placing the order.

Mistakes and errors

Our Project Managers, Designers, Developers, or any other team member will do their best to minimize any mistakes or errors. However, due to the nature of the design and development (no-code development including), we cannot guarantee all tasks will be delivered bug-free. Our team members will do our their best to correct any mistakes that you notify us about during the active subscription plan period, or 7 days after the end of the subscription.

If you notify us of any errors after such a time period, developers are not obligated to but intend to try to work with you to make corrections.

Mobile apps created by Natively application builder are provided as it is with no guarantee or further support.

Contract duration:

Subscriptions

Subscriptions allow Users to receive a Service continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

Installments

If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.

Failure to meet the payment deadlines may result in the unavailability of the Service.

Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 14 days after the notice of termination has been received by the Owner.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply on No Code No Problem

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over No Code No Problem due to the nature of its offering.

Right of refund (Natively application builder)

The user can request a refund only if they are faced with technical issues related to the Natively application builder (such as crashes of the app, native features bugs, etc.) and within 48 hours after placing the order.

If the application created with the Natively application builder was rejected by App Store or Google Play team because of any issues related to the Natively application builder source code (Mobile App Source code) and you can provide any relevant confirmation (such as Emails or screenshots) of that. In such a case, the owner leaves all rights on decisions to refund on their own.

The refund policy does not cover the issues related to 3rd party software (such as iOS SDK, Android SDK, OneSignal, or any other external SDK)

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory service liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as No Code No Problem has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of No Code No Problem due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;
  • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via No Code No Problem. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to No Code No Problem.

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

No Code No Problem is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

Confidentiality

Confidential Information does not include information that the receiving party can document (i) has entered the public domain through a source other than the receiving party and through no fault of the receiving party including via user's public tools (including but not limited to public forums, public blogs, etc.); (ii) was rightfully known to the receiving party without a confidentiality obligation prior to the commencement of the Services; (iii) is disclosed to the receiving party by a third party that has no confidentiality obligation; or (iv) is developed by the receiving party independently of and without reference to any Confidential Information.

Portfolio and use of the information. 

The user hereby explicitly grants the No Code No Problem with all the rights to use and/or publish all the non-confidential information derived from the interactions with the ser and/or about the user in any client list publication or other marketing materials (including but not limited to No Code No Problem website) of No Code No Problem without the prior written or oral consent of the user.

Obligations regarding Confidential Information

Without limiting anything else in these terms, the receiving party agrees:  (i) to hold and maintain in strict confidence the Confidential Information and not to disclose it to any third party other than its employees and subcontractors who have a need to know and have executed confidentiality agreements with the receiving party no less protective of the Confidential Information than this Section; (ii) to protect the Confidential Information from disclosure with the same degree of care it uses to protect its own proprietary information similar in nature, but in no event less than a reasonable degree of care; (iii) not to use any Confidential Information except as permitted by these terms; (iv) to return or destroy Confidential Information promptly upon the disclosing party’s written request; and (v) to keep all Deliverables and Work Product (defined below) created for the User confidential unless and until they are made public by the User or we has been authorized by the user to make them public.

Neither party shall be precluded from retaining or providing to third parties the same or similar services which are the subject of the terms; provided, however, that neither party shall use any Confidential Information of the other party in providing services to third parties.

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of No Code No Problem and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of No Code No Problem.

Intellectual property rights — NCNP app

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to No Code No Problem are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with No Code No Problem are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

This section relates only to NCNP assets. See the Delivery intellectual property section for the information on the intellectual property of the delivery of our services.

Non-Solicitation Period

"Non-Solicitation Period" means the period starting on the effective date of the purchase and ending two (2) years after termination of this Agreement, the User shall not solicit for employment or hire the No Code No Problem's then current or future employees working as part of the team and with whom company personnel has interacted, either directly or indirectly, during the Non-Solicitation Period, without obtaining our prior written approval.  Should an employee change employment from us to the user, the user shall pay us a fee equivalent to five (5) monthly salaries/amounts paid to the employee or subcontractor (the average of six (6)  most recently paid months).

​​Independent Contractors / No Joint Employment

The relationship between the User and No Code No Problem shall be that of independent contractors. None of the provisions of this Agreement are intended to create nor shall they be deemed or construed to create any relationship between No Code No Problem and the User other than that of independent contractors. Neither No Code No Problem nor the User, nor any of their respective agents, employees, or representatives shall be construed to be the agent, employee, or representative of the other. This Agreement shall not create any rights in any third party. Nothing contained in this Agreement shall cause either the User or No Code No Problem to be liable or responsible for any debt, liability, or obligation of the other Party or any third party unless such liability or responsibility is expressly assumed by the Party sought to be charged therewith.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of No Code No Problem must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of No Code No Problem or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 14 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

No Code No Problem (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We)

Indicates the natural person(s) or legal entity that provides No Code No Problem and/or the Service to Users.

Service

The service provided by No Code No Problem as described in these Terms and on No Code No Problem, such as no-code development subscription, design subscription, support subscription, etc..

Terms

All provisions applicable to the use of No Code No Problem and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using No Code No Problem.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.


These Terms govern:

  • the use of No Code No Problem, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

No Code No Problem is provided by:

UPTECH TEAM, INC. — 4546 El Camino Real #B10, 326, Los Altos, CA 94022 (USA)

Owner contact email: hello@nocodenoprob.com

Latest update: December 21, 2021

"No Code No Problem" (or "NCNP") refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:


What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • Subject to your subscription plan for the selected Service (subscription), we will assign a dedicated person to work on your project/tasks (product manager, designer, no-code developer).
  • A dedicated person works up to 40 (forty) hours per week, which includes 2.5 days of paid time-off/vacation per month.
  • Our team members provide daily reports and communications on the ongoing tasks.
  • You own all the intellectual property rights for all deliverables from our team members under active subscription.
  • You can increase/decrease/cancel your subscription at any time. 


For more information/details, please read below.


TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using No Code No Problem.


Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.


By using No Code No Problem, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;


Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.


Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by No Code No Problem.


By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.


Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on No Code No Problem.
  • By directly contacting the Owner at the contact details provided in this document.


However, termination of the account will not be possible until the subscription period paid for by the User has expired. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods, unless otherwise agreed in written form.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.


Content on No Code No Problem

Unless where otherwise specified or clearly recognizable, all content available on No Code No Problem is owned or provided by the Owner or its licensors.


The Owner undertakes its utmost effort to ensure that the content provided on No Code No Problem infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.


Rights regarding content on No Code No Problem - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.


Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.


In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on No Code No Problem, nor allow any third party to do so through the User or their device, even without the User's knowledge.


Where explicitly stated on No Code No Problem, the User may download, copy and/or share some content available through No Code No Problem for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.


Any applicable statutory limitation or exception to copyright shall stay unaffected.


Access to provided content

Content that Users provide to No Code No Problem is made available according to the criteria outlined within this section.


Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.


Users may (and are encouraged to) check on No Code No Problem to find details of who can access the content they provide.


Access to external resources

Through No Code No Problem Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.


Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.


The client shall pay the associated third party costs directly to such third party suppliers, if applicable.


How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on No Code No Problem infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.


Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.


Acceptable use

No Code No Problem and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.


Users are solely responsible for making sure that their use of No Code No Problem and/or the Service violates no applicable law, regulations or third-party rights.


Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to No Code No Problem or the Service, terminating contracts, reporting any misconduct performed through No Code No Problem or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.



Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to No Code No Problem are held by the Owner and/or its licensors.


Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of No Code No Problem and the Service offered.


This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.


All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.


API usage terms

Users may access their data relating to No Code No Problem via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses No Code No Problem, is bound by these Terms and, in addition, by the following specific terms:


the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Services

Some of the Services provided on No Code No Problem, as part of the Service, are provided on the basis of payment.


The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of No Code No Problem.


To purchase Services, the User must register or log into No Code No Problem.

Service description

Prices, descriptions or availability of Services are outlined in the respective sections of No Code No Problem and are subject to change; however, any price changes or changes to your subscription plans will apply only thirty (30) days after notice to you.


While Services on No Code No Problem are presented with the greatest accuracy technically possible, representation on No Code No Problem through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.


The characteristics of the chosen Services will be outlined during the purchasing process.


Purchasing process

Any steps taken from choosing a Service to order submission form part of the purchasing process.


The purchasing process includes these steps:

  • Users must choose the desired Services and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.


Order submission

When the User submits an order, the following applies

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.


All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.


Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.


Prices on No Code No Problem are displayed:

  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.


Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of No Code No Problem.


Offers and discounts are always granted at the Owner’s sole discretion.


Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.


Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.


Methods of payment

Information related to accepted payment methods are made available during the purchasing process.


Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of No Code No Problem.


All payments are independently processed through third-party services. Therefore, No Code No Problem does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.


If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.


Retention of usage rights

Users do not acquire any rights to use the purchased Service until the total purchase price is received by the Owner.


Contractual right of cancellation

The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of No Code No Problem within 30 days of concluding the contract.


Delivery


Ownership of Work Product, Materials and Intellectual Property


Intellectual property rights. 

All intellectual property rights and interests in the ready software product developed as a result of the Services rendered in accordance with this Agreement shall be the sole and exclusive property of the User.


Ownership of Work Product

The User shall have exclusive ownership of all work product created by No Code No Problem and our team members in the course of performing the Services, including all Deliverables, and including all Intellectual Property Rights therein (collectively “Work Product”).  As used herein, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

 

Notwithstanding the foregoing, the User acknowledges that No Code No Problem retains the full right to use general knowledge, know how, methods, concepts, software tools, techniques, program organization, and database structuring techniques that have been or shall be developed by No Code No Problem or that are in the public domain and that No Code No Problem may continue to use any or all of them as No Code No Problem chooses, so long as it does not contain any confidential or proprietary information of the User. The User acknowledges and agrees that No Code No Problem team may use such materials for the performance of Services in accordance with the provisions of this Agreement.


Pre-Existing Materials. Notwithstanding any other provision of this Agreement, No Code No Problem shall retain all right, title and interest in and to, including any Intellectual Property Rights with respect to any source code, object code, know-how, materials and information created by No Code No Problem or its licensors prior to the start of this agreement.

 

User Materials. No Code No Problem agrees that all User Confidential Information and any Intellectual Property Rights related thereto as well as all Intellectual Property Rights in materials supplied to No Code No Problem by the User to perform the Services shall be the sole property of the User or its licensors, and No Code No Problem obtains no rights to such Confidential Information or materials.


Third Party Materials; Open Source. No Code No Problem may incorporate any proprietary information or materials owned by any third party (“Third Party Materials”) into any work product without the User's prior written permission only if No Code No Problem has all necessary rights to do so. 

Performance of services

The purchased service shall be performed or made available within the timeframe specified on No Code No Problem or as communicated before the order submission.


Dedicated project manager, no-code developer, or designer will be working up to 40 (fourty) hours per week during the active subscription plan period .

 

The subscription also includes national holidays and paid vacations — up to 30 (thirty) days per year, or up to 2.5 days per month of the subscription. Our team members will communicate at least 14 days in advance about any such scheduled vacations or days off. 


Mistakes and errors

Our Project Managers, Designers, Developers, or any other team member will do their best to minimize any mistakes or errors. However, due to the nature of the design and development (no-code development including), we cannot guarantee all tasks will be delivered bug-free. Our team members will do our their best to correct any mistakes that you notify us about during the active subscription plan period, or 7 days after the end of the subscription.

If you notify us of any errors after such a time period, developers are not obligated to but intend to try to work with you to make corrections.


Contract duration:

Subscriptions

Subscriptions allow Users to receive a Service continuously or regularly over a determined period of time.


Paid subscriptions begin on the day the payment is received by the Owner.


In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.


Installments

If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.


Failure to meet the payment deadlines may result in the unavailability of the Service.


Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 14 days after the notice of termination has been received by the Owner.


User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.


The right of withdrawal does not apply on No Code No Problem

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over No Code No Problem due to the nature of its offering.


Liability and indemnification


EU Users


Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.


Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory service liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).


This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as No Code No Problem has been appropriately and correctly used by the User.


Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.


In particular, within the limits stated above, the Owner shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of No Code No Problem due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;
  • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via No Code No Problem. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to No Code No Problem.


In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.


Australian Users


Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.


US Users

Disclaimer of Warranties


No Code No Problem is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.


Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.


The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.


The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.


Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.


Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.


This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.


Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.


Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.



Common provisions


Confidentiality

Confidential Information does not include information that the receiving party can document (i) has entered the public domain through a source other than the receiving party and through no fault of the receiving party including via user's public tools (including but not limited to public forums, public blogs, etc.); (ii) was rightfully known to the receiving party without a confidentiality obligation prior to the commencement of the Services; (iii) is disclosed to the receiving party by a third party that has no confidentiality obligation; or (iv) is developed by the receiving party independently of and without reference to any Confidential Information.


Portfolio and use of the information. 

The user hereby explicitly grants the No Code No Problem with all the rights to use and/or publish all the non-confidential information derived from the interactions with the ser and/or about the user in any client list publication or other marketing materials (including but not limited to No Code No Problem website) of No Code No Problem without the prior written or oral consent of the user.


Obligations regarding Confidential Information

Without limiting anything else in these terms, the receiving party agrees:  (i) to hold and maintain in strict confidence the Confidential Information and not to disclose it to any third party other than its employees and subcontractors who have a need to know and have executed confidentiality agreements with the receiving party no less protective of the Confidential Information than this Section; (ii) to protect the Confidential Information from disclosure with the same degree of care it uses to protect its own proprietary information similar in nature, but in no event less than a reasonable degree of care; (iii) not to use any Confidential Information except as permitted by these terms; (iv) to return or destroy Confidential Information promptly upon the disclosing party’s written request; and (v) to keep all Deliverables and Work Product (defined below) created for the User confidential unless and until they are made public by the User or we has been authorized by the user to make them public.


Neither party shall be precluded from retaining or providing to third parties the same or similar services which are the subject of the terms; provided, however, that neither party shall use any Confidential Information of the other party in providing services to third parties.

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.


Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.


Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.


Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).


Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of No Code No Problem and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.


Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of No Code No Problem.


Intellectual property rights — NCNP app

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to No Code No Problem are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.


All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with No Code No Problem are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.


This section relates only to NCNP assets. See the Delivery intellectual property section for the information on the intellectual property of the delivery of our services.

Non-Solicitation Period

"Non-Solicitation Period" means the period starting on the effective date of the purchase and ending two (2) years after termination of this Agreement, the User shall not solicit for employment or hire the No Code No Problem's then current or future employees working as part of the team and with whom company personnel has interacted, either directly or indirectly, during the Non-Solicitation Period, without obtaining our prior written approval.  Should an employee change employment from us to the user, the user shall pay us a fee equivalent to five (5) monthly salaries/amounts paid to the employee or subcontractor (the average of six (6)  most recently paid months).


​​Independent Contractors / No Joint Employment

The relationship between the User and No Code No Problem shall be that of independent contractors. None of the provisions of this Agreement are intended to create nor shall they be deemed or construed to create any relationship between No Code No Problem and the User other than that of independent contractors. Neither No Code No Problem nor the User, nor any of their respective agents, employees, or representatives shall be construed to be the agent, employee, or representative of the other. This Agreement shall not create any rights in any third party. Nothing contained in this Agreement shall cause either the User or No Code No Problem to be liable or responsible for any debt, liability, or obligation of the other Party or any third party unless such liability or responsibility is expressly assumed by the Party sought to be charged therewith.


Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.


Such changes will only affect the relationship with the User for the future.


The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.


The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.


If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.


Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.


Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.


Contacts

All communications relating to the use of No Code No Problem must be sent using the contact information stated in this document.


Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.


US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.


EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.


Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.


Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.


Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.


Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.


Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.


Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.


While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of No Code No Problem or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.


The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.


The Owner will process the complaint without undue delay and within 14 days of receiving it.


Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.


As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

No Code No Problem (or this Application)

The property that enables the provision of the Service.


Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.


Business User

Any User that does not qualify as a Consumer.


European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.


Owner (or We)

Indicates the natural person(s) or legal entity that provides No Code No Problem and/or the Service to Users.


Service

The service provided by No Code No Problem as described in these Terms and on No Code No Problem, such as no-code development subscription, design subscription, support subscription, etc..


Terms

All provisions applicable to the use of No Code No Problem and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.


User (or You)

Indicates any natural person or legal entity using No Code No Problem.


Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.



These Terms govern:

  • the use of No Code No Problem, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

No Code No Problem is provided by:

UPTECH TEAM, INC. — 4546 El Camino Real #B10, 326, Los Altos, CA 94022 (USA)

Owner contact email: hello@nocodenoprob.com

Latest update: December 21, 2021

"No Code No Problem" (or "NCNP") refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

The following documents are incorporated by reference into these Terms:


What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • Subject to your subscription plan for the selected Service (subscription), we will assign a dedicated person to work on your project/tasks (product manager, designer, no-code developer).
  • A dedicated person works up to 40 (forty) hours per week, which includes 2.5 days of paid time-off/vacation per month.
  • Our team members provide daily reports and communications on the ongoing tasks.
  • You own all the intellectual property rights for all deliverables from our team members under active subscription.
  • You can increase/decrease/cancel your subscription at any time. 


For more information/details, please read below.


TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using No Code No Problem.


Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.


By using No Code No Problem, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. Government list of prohibited or restricted parties;


Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.


Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by No Code No Problem.


By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.


Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on No Code No Problem.
  • By directly contacting the Owner at the contact details provided in this document.


However, termination of the account will not be possible until the subscription period paid for by the User has expired. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods, unless otherwise agreed in written form.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.


Content on No Code No Problem

Unless where otherwise specified or clearly recognizable, all content available on No Code No Problem is owned or provided by the Owner or its licensors.


The Owner undertakes its utmost effort to ensure that the content provided on No Code No Problem infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.


Rights regarding content on No Code No Problem - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.


Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.


In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on No Code No Problem, nor allow any third party to do so through the User or their device, even without the User's knowledge.


Where explicitly stated on No Code No Problem, the User may download, copy and/or share some content available through No Code No Problem for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.


Any applicable statutory limitation or exception to copyright shall stay unaffected.


Access to provided content

Content that Users provide to No Code No Problem is made available according to the criteria outlined within this section.


Private content

Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.


Users may (and are encouraged to) check on No Code No Problem to find details of who can access the content they provide.


Access to external resources

Through No Code No Problem Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.


Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.


The client shall pay the associated third party costs directly to such third party suppliers, if applicable.


How to file a takedown notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on No Code No Problem infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.


Copyright infringement notifications may be addressed to the Owner’s Copyright Agent at the contact details specified in this document.


Acceptable use

No Code No Problem and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.


Users are solely responsible for making sure that their use of No Code No Problem and/or the Service violates no applicable law, regulations or third-party rights.


Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to No Code No Problem or the Service, terminating contracts, reporting any misconduct performed through No Code No Problem or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.



Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to No Code No Problem are held by the Owner and/or its licensors.


Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of No Code No Problem and the Service offered.


This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.


All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.


API usage terms

Users may access their data relating to No Code No Problem via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses No Code No Problem, is bound by these Terms and, in addition, by the following specific terms:


the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Services

Some of the Services provided on No Code No Problem, as part of the Service, are provided on the basis of payment.


The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of No Code No Problem.


To purchase Services, the User must register or log into No Code No Problem.

Service description

Prices, descriptions or availability of Services are outlined in the respective sections of No Code No Problem and are subject to change; however, any price changes or changes to your subscription plans will apply only thirty (30) days after notice to you.


While Services on No Code No Problem are presented with the greatest accuracy technically possible, representation on No Code No Problem through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.


The characteristics of the chosen Services will be outlined during the purchasing process.


Purchasing process

Any steps taken from choosing a Service to order submission form part of the purchasing process.


The purchasing process includes these steps:

  • Users must choose the desired Services and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.


Order submission

When the User submits an order, the following applies

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.


All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.


Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.


Prices on No Code No Problem are displayed:

  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.


Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Services. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of No Code No Problem.


Offers and discounts are always granted at the Owner’s sole discretion.


Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.


Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.


Methods of payment

Information related to accepted payment methods are made available during the purchasing process.


Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of No Code No Problem.


All payments are independently processed through third-party services. Therefore, No Code No Problem does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.


If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.


Retention of usage rights

Users do not acquire any rights to use the purchased Service until the total purchase price is received by the Owner.


Contractual right of cancellation

The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of No Code No Problem within 30 days of concluding the contract.


Delivery


Ownership of Work Product, Materials and Intellectual Property


Intellectual property rights. 

All intellectual property rights and interests in the ready software product developed as a result of the Services rendered in accordance with this Agreement shall be the sole and exclusive property of the User.


Ownership of Work Product

The User shall have exclusive ownership of all work product created by No Code No Problem and our team members in the course of performing the Services, including all Deliverables, and including all Intellectual Property Rights therein (collectively “Work Product”).  As used herein, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

 

Notwithstanding the foregoing, the User acknowledges that No Code No Problem retains the full right to use general knowledge, know how, methods, concepts, software tools, techniques, program organization, and database structuring techniques that have been or shall be developed by No Code No Problem or that are in the public domain and that No Code No Problem may continue to use any or all of them as No Code No Problem chooses, so long as it does not contain any confidential or proprietary information of the User. The User acknowledges and agrees that No Code No Problem team may use such materials for the performance of Services in accordance with the provisions of this Agreement.


Pre-Existing Materials. Notwithstanding any other provision of this Agreement, No Code No Problem shall retain all right, title and interest in and to, including any Intellectual Property Rights with respect to any source code, object code, know-how, materials and information created by No Code No Problem or its licensors prior to the start of this agreement.

 

User Materials. No Code No Problem agrees that all User Confidential Information and any Intellectual Property Rights related thereto as well as all Intellectual Property Rights in materials supplied to No Code No Problem by the User to perform the Services shall be the sole property of the User or its licensors, and No Code No Problem obtains no rights to such Confidential Information or materials.


Third Party Materials; Open Source. No Code No Problem may incorporate any proprietary information or materials owned by any third party (“Third Party Materials”) into any work product without the User's prior written permission only if No Code No Problem has all necessary rights to do so. 

Performance of services

The purchased service shall be performed or made available within the timeframe specified on No Code No Problem or as communicated before the order submission.


Dedicated project manager, no-code developer, or designer will be working up to 40 (fourty) hours per week during the active subscription plan period .

 

The subscription also includes national holidays and paid vacations — up to 30 (thirty) days per year, or up to 2.5 days per month of the subscription. Our team members will communicate at least 14 days in advance about any such scheduled vacations or days off. 


Mistakes and errors

Our Project Managers, Designers, Developers, or any other team member will do their best to minimize any mistakes or errors. However, due to the nature of the design and development (no-code development including), we cannot guarantee all tasks will be delivered bug-free. Our team members will do our their best to correct any mistakes that you notify us about during the active subscription plan period, or 7 days after the end of the subscription.

If you notify us of any errors after such a time period, developers are not obligated to but intend to try to work with you to make corrections.


Contract duration:

Subscriptions

Subscriptions allow Users to receive a Service continuously or regularly over a determined period of time.


Paid subscriptions begin on the day the payment is received by the Owner.


In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.


Installments

If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.


Failure to meet the payment deadlines may result in the unavailability of the Service.


Termination of open-ended subscriptions

Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 14 days after the notice of termination has been received by the Owner.


User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.


The right of withdrawal does not apply on No Code No Problem

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over No Code No Problem due to the nature of its offering.


Liability and indemnification


EU Users


Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.


Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory service liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).


This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as No Code No Problem has been appropriately and correctly used by the User.


Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.


In particular, within the limits stated above, the Owner shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of No Code No Problem due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;
  • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via No Code No Problem. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to No Code No Problem.


In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.


Australian Users


Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.


US Users

Disclaimer of Warranties


No Code No Problem is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.


Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.


The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.


The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.


Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.


Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.


This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.


Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.


Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.



Common provisions


Confidentiality

Confidential Information does not include information that the receiving party can document (i) has entered the public domain through a source other than the receiving party and through no fault of the receiving party including via user's public tools (including but not limited to public forums, public blogs, etc.); (ii) was rightfully known to the receiving party without a confidentiality obligation prior to the commencement of the Services; (iii) is disclosed to the receiving party by a third party that has no confidentiality obligation; or (iv) is developed by the receiving party independently of and without reference to any Confidential Information.


Portfolio and use of the information. 

The user hereby explicitly grants the No Code No Problem with all the rights to use and/or publish all the non-confidential information derived from the interactions with the ser and/or about the user in any client list publication or other marketing materials (including but not limited to No Code No Problem website) of No Code No Problem without the prior written or oral consent of the user.


Obligations regarding Confidential Information

Without limiting anything else in these terms, the receiving party agrees:  (i) to hold and maintain in strict confidence the Confidential Information and not to disclose it to any third party other than its employees and subcontractors who have a need to know and have executed confidentiality agreements with the receiving party no less protective of the Confidential Information than this Section; (ii) to protect the Confidential Information from disclosure with the same degree of care it uses to protect its own proprietary information similar in nature, but in no event less than a reasonable degree of care; (iii) not to use any Confidential Information except as permitted by these terms; (iv) to return or destroy Confidential Information promptly upon the disclosing party’s written request; and (v) to keep all Deliverables and Work Product (defined below) created for the User confidential unless and until they are made public by the User or we has been authorized by the user to make them public.


Neither party shall be precluded from retaining or providing to third parties the same or similar services which are the subject of the terms; provided, however, that neither party shall use any Confidential Information of the other party in providing services to third parties.

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.


Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.


Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.


Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).


Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of No Code No Problem and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.


Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of No Code No Problem.


Intellectual property rights — NCNP app

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to No Code No Problem are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.


All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with No Code No Problem are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.


This section relates only to NCNP assets. See the Delivery intellectual property section for the information on the intellectual property of the delivery of our services.

Non-Solicitation Period

"Non-Solicitation Period" means the period starting on the effective date of the purchase and ending two (2) years after termination of this Agreement, the User shall not solicit for employment or hire the No Code No Problem's then current or future employees working as part of the team and with whom company personnel has interacted, either directly or indirectly, during the Non-Solicitation Period, without obtaining our prior written approval.  Should an employee change employment from us to the user, the user shall pay us a fee equivalent to five (5) monthly salaries/amounts paid to the employee or subcontractor (the average of six (6)  most recently paid months).


​​Independent Contractors / No Joint Employment

The relationship between the User and No Code No Problem shall be that of independent contractors. None of the provisions of this Agreement are intended to create nor shall they be deemed or construed to create any relationship between No Code No Problem and the User other than that of independent contractors. Neither No Code No Problem nor the User, nor any of their respective agents, employees, or representatives shall be construed to be the agent, employee, or representative of the other. This Agreement shall not create any rights in any third party. Nothing contained in this Agreement shall cause either the User or No Code No Problem to be liable or responsible for any debt, liability, or obligation of the other Party or any third party unless such liability or responsibility is expressly assumed by the Party sought to be charged therewith.


Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.


Such changes will only affect the relationship with the User for the future.


The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.


The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.


If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.


Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.


Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.


Contacts

All communications relating to the use of No Code No Problem must be sent using the contact information stated in this document.


Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.


US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.


EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.


Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.


Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.


Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.


Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.


Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.


Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.


While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of No Code No Problem or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.


The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.


The Owner will process the complaint without undue delay and within 14 days of receiving it.


Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.


As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Definitions and legal references

No Code No Problem (or this Application)

The property that enables the provision of the Service.


Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.


Business User

Any User that does not qualify as a Consumer.


European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.


Owner (or We)

Indicates the natural person(s) or legal entity that provides No Code No Problem and/or the Service to Users.


Service

The service provided by No Code No Problem as described in these Terms and on No Code No Problem, such as no-code development subscription, design subscription, support subscription, etc..


Terms

All provisions applicable to the use of No Code No Problem and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.


User (or You)

Indicates any natural person or legal entity using No Code No Problem.


Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.