Terms of Service

appsrl Corporation doing business as appsrl sells a service and tools that provides a way for an iPhone Developer (the “Developer”) or Android Developer to use appsrl (the “Service’) for the Developer’s applications. appsrl goal in creating the Service is to allow the Developer to obtain reviews in the Apple Store and Google Play Market in a cost effective manner. Please read the full terms of service below, as they govern the Developer’s use of appsrl Service

(a) the Developer retains all right, title and interest in and to, and appsrl obtains no rights of any kind (other than the rights and licenses expressly granted in this Agreement) in, applications you create, and all associated Intellectual Property Rights; (b) appsrl retains all right, title and interest in and to, and you obtain no rights of any kind (other than the rights and licenses expressly granted in this Agreement) in, appsrl Service (including without limitation all appsrl applications), the appsrl Service Documentation, and all associated Intellectual Property Rights. The Developer is granted a limited, nonexclusive, revocable license, during the term of this Agreement, to access appsrl’s Service Documentation solely as necessary to run appsrl Service that meet all the requirements and conditions set forth in this Agreement. ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS AGREEMENT ARE HEREBY RESERVED BY appsrl AND ITS RESPECTIVE LICENSORS. The Developer understands and acknowledges that appsrl may be independently creating applications, content and other products or services that may be similar to the Developer’s applications, and nothing in this Agreement will be construed as restricting or preventing appsrl from creating and fully exploiting such applications, content and other items, without any obligation to you. The Developer may from time to time elect, in its sole discretion, to provide suggestions, comments, improvements, ideas or other feedback or materials to us related to appsrl Service. If the Developer elects to provide us any such feedback, the Developer assigns and agrees to assign all right, title and interest in and to such feedback to appsrl, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation or other duty to account. The Developer agrees to promptly take such actions as appsrl may reasonably request from time to time (including execution of affidavits and other documents) to effect, perfect or confirm appsrl’s ownership rights as set forth in this Agreement..

The Developer acknowledges that it is solely responsible for, and that appsrl has no responsibility or liability of any kind for, the development, operation, and maintenance of your applications and for all content or other materials that appear on or within your applications. For example, the Developer will be solely responsible for:

• the technical operation of its applications and all related equipment;

• creating and displaying information and content on, through or within your applications; the accuracy and appropriateness of your applications and the content or other materials available on, through or within your applications;

• ensuring that your applications and the content and/or other materials available on, through or within your applications do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);

• ensuring that the content and other materials available on, through or within your applications are not libelous or otherwise illegal;

• ensuring that you accurately and adequately disclose, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers, and that you fully comply with such privacy policy, which must be at least as stringent and user-favorable as the appsrl Privacy Policy; and

• any claims relating to any of your applications or any content by users or other third parties.

1. you have all rights necessary to properly grant us all of the rights and licenses set forth above and elsewhere in this Agreement without violating the rights of any third party,

2.your applications, the content, and the use thereof by your customers do not and will not violate, misappropriate or infringe the rights of any person or entity including any contract rights or any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person or entity,

3. you do now, and at all times you provide an application that will: (a) comply with all applicable local, state, national and international laws and regulations, including, without limitation, all applicable export control laws and regulations and country-specific economic sanctions implemented by the United States Office of Foreign Assets Control in connection with your use of appsrl Service, (b) maintain all licenses, permits and other permissions necessary in connection with the Service, and (c) if your application does or will involve payments from customers or payment or account information, comply with all rules and regulations of any applicable payment network or association (e.g., Visa, MasterCard, Discover, American Express, Star, Plus, PayPal, Google Checkout), including, without limitation, the Payment Card Industry Data Security Standard;

4. the content will not be obscene, defamatory, fraudulent or otherwise illegal in any jurisdiction;

5. neither your applications nor any content contains or will contain any virus, worm, Trojan horse, adware, spyware or other malicious code.

6. your application and the content will at all times comply with the terms of this Agreement and any other policies or guidelines referenced in this Agreement.

appsrlis not responsible or liable in any manner for any customer content or Third Party Applications, Software or in connection with the appsrlService, whether caused by customers of the Service, by appsrl, by third parties or by any of the equipment or programming associated with or utilized in the Service. appsrl is not responsible for the conduct, whether online or offline, of any user of the Service. appsrl is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems thereof, including injury or damage to customer’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using the Service. Under no circumstances will appsrl be responsible for any loss or damage, including any loss or damage to any customer content or personal injury or death, resulting from anyone’s use of the Service, whether online or offline. THE SERVICE IS PROVIDED “AS-IS” AND THE appsrlDISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. appsrl CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. appsrl DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON RELATED TO THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

Limitation on Liability

IN NO EVENT WILL appsrl OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, EVEN IF THE appsrl IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE appsrl’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO appsrl FOR THE DURING THE TERM OF AGREEMENT, BUT IN NO CASE WILL THE appsrl LIABILITY TO YOU EXCEED $1,000. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Governing Law; Venue and Jurisdiction By using the Service, the Developer agrees that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and Agreement and any dispute of any sort that might arise between the Developer and appsrl. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Washington, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington. Arbitration THE DEVELOPER AND appsrl AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND AGREEMENT, THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA rules..

The Developer agrees to indemnify and hold appsrl and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service, or any violation of this Agreement or of any law or the rights of any third party.

other

These Terms of Use and Agreement constitute the entire agreement between the Developer and appsrl regarding the use of the Service, superseding any prior agreements between the Developer and appsrl relating to your use of the Service. The failure of appsrl to exercise or enforce any right or provision of these Terms of Use and Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use and Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Use of appsrl service requires execution of separate contract. Effective:Mar-2015