This 9Apps Promotional Electronic Agreement (this "Agreement") is entered into by and between you (a natural person or a legal entity) ("Partner" or "You") and 9Apps and its affiliates ("9Apps" or "we", "us"). This Agreement shall be effective as of the date you registered (the "Effective
Date"). By clicking the button "I agree to 9Apps Promotional Electronic Agreement", you accept and agree to comply with the following terms. If you are clicking on behalf of a legal entity, you represent and warrant that you have the authority to represent that organization.
9Apps reserves the right to amend the Terms and conditions at any time, and it is your responsibility to review the Terms and conditions for any changes.
The relevant words in this Agreement are defined as below, unless otherwise agreed:
9Apps Business Platform: refers to a promotion platform operated by 9Apps, which provides developer to promote its application products.
9Apps Business Platform Service (our service): refers to a service provided by 9Apps that allows you to upload your application and create a promotion plan and require 9Apps Business Platform to implement the promotion plan. It shall include the service mode such as CPD and any other kind of service which shall be provided on 9Apps Business Platform.
Your application: refers to the application developed, wholly-owned by you or that you are licensed to promote such application on a fully paid-up basis or are otherwise permitted to promote via 9Apps Business Platform. .
9Apps Account (your account): refers to the official account that you registered to use the 9Apps service, including personal account and organization account.
Brand Features: Including but not limited to trademarks, trade names, designs and logos.
CPD:（Cost per Download）: refers to a kind of our service that you pay the service fee according to the downloads showing in the billing system of 9Apps Business Platform. Once the user click to download Your application, it shall be calculated as per download.
Affiliate: refers to with respect to each Party, any corporation or other legally recognized entity that, directly or indirectly, controls, is under common control with, or is controlled by such Party, for so long as such control exists. For purposes of the foregoing, "control"
means: (1) holding ownership of more than fifty percent (50%) of voting stock; or (2) other ownership interest entitled to elect a board of directors or comparable managing authority.
Create Your Account
You have to create a 9Apps Account (your Account) in order to use our Service. Your Account can become active after authenticate by us.
You agree to comply with this Agreement and any further requirements as notified by us in relation to your registration and ongoing use of your Account. Such requirements, and the Account Platform features and other services that we provide to you, may differ depending on the
Account that you choose to register, including Personal Account, and Organization Account.
Register for a Personal Account if you are a natural person Partner. You should follow the instructions provided by us and provide the required information and documents via the registration system.
Register for an Organization Account if you are a corporate Partner, and you are validly incorporated and have the power to conduct your business. You should follow the instructions provided by us and provide the required information and documents via the registration
You must submit identity Information to authenticate your Account with us before your Account can become active. We may authentic your Account using an automatic authentication system and using various information sources. You acknowledge that we may refuse to authenticate your
Account for any reason at our sole discreti
You represent, warrant and undertake throughout the term that:
you will provide us with true, accurate and complete information in relation to your Account, including in relation to your (and your Organization's) identity, and you will promptly update us if any such information is changed in the future;
If you are an Organization, you are validly incorporated and have the power to conduct your business.
You acknowledge that we may require more identity Information after your account is active due to upgrade of our service or changed by Law, and you shall accept and provide the same.
The identity Information for our authenticate system could not be changed after the authentication.
We highly respect for the safety of your account, and will not disclose your identity information to any third party. But the basic account information to the public shall not be included.
Use of our service
Your use of our service is subject to the terms of this Agreement, as well as any other terms of service and policies applicable to your using the certain service (as notified to you from time to time)
Before using our service to make any promotion, you need to recharge your account to ensure an adequate balance of your account to support your promotion plan.
You shall comply with our Recharge Policy to make the recharge.
Upload your application and Create your promotion plan
After recharging your account, you can upload your application package and create your promotion plan following the instructions provided by 9apps Business Platform.
Review and verify your application package and promotion plan
You acknowledge and agree that 9Apps reserves the right to review and verify your application package and promotion plan due to 9Apps Application Reviewing Policy. Your application can only be published by 9Apps after you pass the review.
If you have not passed the review, 9Apps has the right not to serve you. If your application has been published but is found fail to comply with the Policy afterwards, 9Apps has the right to remove the application and require you to revise your application until it meet the
requirements of the Policy.
You are always solely responsible for accessing and using your Account in compliance with any relevant requirements and restrictions (including applicable laws).
Your Account remains our property and we can disable, reclaim and reuse the using once your breach the requirements of us.
Account management by us
We reserve the right from time to time to refuse, stop or pause to promote your application at our sole discretion in the event that:
Your failure to in compliance with this Agreement, including but not limited to your breaching of the warranty clause, or your application are not comply with our policies;
An infringement complaint to against your application is received by us.
We also are entitled to suspend or terminate your Account due to the repeated occurrence of the same without any liability.
Authorization of Your Application and Brand Features
You hereby authorize us to use your application uploaded under your Account, and authorize us to use your Brand Features, solely for use in connection with the promotion. All uses of your application and Brand Features, and all goodwill associated therewith, shall inure solely to
the benefit of you. Subject to the express license granted herein, right, title and interest in and to your Brand Features are and shall remain with you.
You hereby represent and warrant that you are the developer, or copyright owner of your application, or you legally have the rights, power or authority to promote your application and to grant the rights as set forth in this agreement.
You hereby represent and warrant that you will comply with all applicable laws and regulations (including the laws and regulations of any jurisdiction in which the application are offered or made available) and 9Apps Business Platform Policies.
You hereby represent and warrant that your application does not and will not violate, misappropriate, or infringe any copyright, patent, design, trademark, trade secret, privacy or publicity rights, or any proprietary, intellectual property or other legal right of 9Apps or any
third party and the embodying of such content in your application does not infringe upon any proprietary or intellectual property rights of any third party.
Especially, the content and service in your application shall be prohibited from:
Sexually Explicit Material: Contents contain pornography are prohibited; this includes sexually explicit or erotic content, icons, titles, or descriptions.
Product has a zero-tolerance policy against child sexual abuse imagery. If we become aware of content with child sexual abuse imagery, we will report it to the appropriate authorities and delete the submitting Accounts.
Violence and Bullying: Depictions of gratuitous violence are not allowed. User Content shall not contain materials that threaten, harass or bully other users.
Hate Speech: User Content shall not advocate against other people or organization , shall not advocate against groups of people based on their race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity.
Sensitive Events: User Content which may be deemed as capitalizing on or lacking reasonable sensitivity towards a natural disaster, atrocity, conflict, death, or other tragic event are not allowed.
You agree not to display any advertisement in your application unless otherwise agreed by us.
You are always solely responsible for all the legality issue of your application you uploaded via your Account. You agree and acknowledge that 9Apps has no responsibility or liability relating to your application.
you or the authorizer are remain the exclusive owners of all the respective intellectual property rights (including, but not limited to, the intellectual property rights related to their website, editorial content, software, trademarks and patents) of your application.
Except as expressly set forth herein, no intellectual property right shall be transferred or licensed under this Agreement.
You shall indemnify, defend and hold harmless us and our directors, officers, employees with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys fees (collectively, "Losses") based upon any third-party claim: (a) that our use, distribution,
or display of your application, Brand Features, or any other materials provided by you under this Agreement infringes any third-party copyright, database right, trademark, trade secret, privacy right, or right of publicity, or is in breach of any applicable data protection or privacy
laws (provided, however, that any such indemnification obligation may be reduced to the extent such infringement or breach of law is caused by our use of your Content in a manner prohibited by this Agreement); (b) related to or arising from your use of end user data.
We do not represent or guarantee that you will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaims any liability relating thereto.
We do not guarantee the accuracy of all the data or report provided by us, including but not limited to the user behavior analysis.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted or error-free, and you agree that from time to time we may remove the contents (or particular products or services therein) for indefinite periods of time, or cease to offer our service
in its entirety, at any time, without notice to you.
Unless provided for to the contrary in this Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Agreement shall be sent (a) if to you, to the contact information identified by you; and (b) if to us, you could contact
at:[email@example.com] or as otherwise provided in writing for such notice purposes.
This Agreement shall be governed by and construed in accordance with the laws of China. Any dispute or difference arising between the Parties in connection with this Agreement shall be at the first instance settled expeditiously by way of negotiations between the Parties. In the event
the Parties are unable to resolve the dispute within a period of 30 (thirty) days following the date on which the dispute notice was received by a Party, then such dispute or difference shall be referred to China International Economic and Trade Arbitration Commission (CIETAC) in