PREFACE:

Your access and use of the Services constitutes your agreement to be bound by these Terms. Applatide.com sells its services and tools to provide a Client (the “Client”) a chance to use Applatide.com Service (the “Service”) in favor of the Client’s application. This website’s aim is to create the Service that would allow the Client to promote his application in the App Store effectively. Since the terms of service regulate the Client’s use of Applatide.com, we ask you to read them thoroughly before using the Service. If you do not agree with any part of this Agreement we ask you not to use this service.

BETWEEN THE CLIENT AND APPLATIDE.COM:

(a) Applatide.com does not have the rights of any kind (except the ones guaranteed in this Agreement) in the developed applications and all Intellectual Property Rights. All rights, titles, and interests are kept by the Client.

(b) Applatide.com obtains all rights, title and interest in Applatide.com Service (including the applications of this website), Applatide.com Service Documentation and all associated Intellectual Property Rights and the Client obtain none of them (except the ones granted in this Agreement). The Client gets a limited, revocable and non-exclusive license to have access to Applatide.com’s Service Documentation while this Agreement is in the act. All other rights that are not mentioned here are kept by Applatide.com and its licensors. The Client has a right to provide some suggestions, feedback, improvement ideas or materials to us that are connected to Applatide.com.

CLIENT’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

The Client admits that it is only his responsibility to develop, operate and maintain his applications and not the responsibility of Applatide.com. The Client is also responsible for all content and materials that appear within the application. For example, the Client has responsibility for:

• the technical functioning of the applications and respective equipment;
• creation and display of content through or in the application; the correctness and appropriateness of the applications and the materials available while using the applications;
• guaranteeing that the applications and their content do not violate the rights of the third party (for example, copyrights, privacy or trademarks);
• ensuring that the materials available in the applications are not defamatory or illegal in any other way;
• guaranteeing that he thoroughly and adequately shows how he collects, store and utilize the information left by the visitors, including the one by the third parties and that he completely agrees with the privacy policy set by Applatide.com.

THE CLIENT REPRESENTS, WARRANTS AND COVENANTS TO US THAT:

• The Client possesses all the rights and can guarantee us that all the rights and licenses stated in this Agreement do not violate the rights of the third parties;
• The Client applications, their content do not infringe or violate the rights of people (copyright, patent or any other kind of intellectual property and proprietary rights);
• The Client provides an application that will (A) correspond to the applicable laws and regulations, including export control laws and specific regulations of the country in regards to using of Applatide.com; (B) keeps all licenses and permissions connected to the Service; and (C) if the application would involve payments, comply with the regulations and rules of any payment network (Visa, MasterCard, American Express, Pay Pal);
• The content of the application cannot be illegal in any way and manner;
• The Client applications and their content does not contain any virus, adware or other malicious code;
• The Client applications correspond to the terms of this Agreement and other policies and guidelines in it.

LIMITATION ON RESPONSIBILITY

In case Applatide.com fails to provide the services (paid by the Client) which should have been provided, you can request a refund of your money. You may have additional rights since some laws do not permit limitations on implied warranties. By using the website’s Service, the Client agrees that any dispute that may arise between the Applatide.com and the Client will be solved in accordance with the laws of the European Union . The client and Applatide.com com agreed that the only forum for any disputes relating to or resulting from these terms of use and agreement, the service shall be final arbitration, except the cases in which either of us has in any manner violated or threatened to infringe upon the other party's rights. According to this Agreement, the arbitration shall be conducted by the European Arbitration Chamber . The rules of the AAA play a crucial role in the determination of the arbitration location and the allocation of fees and costs for such arbitration.

INDEMNITY

The Client agrees to secure the Applatide.com and its partners from any loss, claim, demand, expenses, and damages, including the attorney’s fees that arise as a result of the Service use or the Agreement violation as well as the violation of any law or the third party’s rights.

OTHER

As we use third parties services, we have no control over these services. These Terms of Services and Agreement draw up the complete agreement between the Client and the Applatide.com website in regards to the use of the Service. The failure of Applatide.com to enforce any right or accomplishment of these Terms of Use and Agreement shall not constitute a waiver of such provision or right in the particular case. If some provision in this Agreement is invalid, its remainder has to continue completely. If some provision of these Terms of Use and Agreement is considered unlawful or unenforceable, then it has to be deemed separate from these Terms of Use and should not influence the validity and enforceability of the remaining provisions. The use of Applatide.com service needs the execution of separate contracts.

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