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APKPURE
DEVELOPER DISTRIBUTION AGREEMENT

Last Updated: June 27, 2023

THIS DEVELOPER DISTRIBUTION AGREEMENT (“Agreement”) is made and entered into by and between ELECYBER INTERNATIONAL PTE. LTD., a private company limited by shares and registered in Singapore with ACRA under number 202133575M and with its registered address at Robinson 77, 77 Robinson Road, Postal 068896, #20-01, Singapore, (“APKPure”, “we”, “us” or “our”) and you (“you”, “your,” or “Developer”), the developer of an Android application. This Agreement governs your submission of the relevant Android application and related materials (collectively, the “Developer Materials”) to APKPure for inclusion on the APKPure.com website and the APKPure web interface, in APKPure’s online services, APKPure products, or otherwise in media whether now or hereafter created (the “APKPure Platform”, and the service offered by us to allow you to submit Developer Materials to the APKPure Platform being the “Service”).

Please read this Agreement carefully. This Agreement constitutes a written contract between you and us and affects your legal rights and obligations. Please note that we process information about you in accordance with the APKPure Privacy Policy (“Privacy Policy”).

  1. 1. APKPURE PLATFORM

    1. The APKPure Platform is intended for use by users who are of the legal age required to form legally binding contracts under applicable law. In no circumstances is the APKPure Platform available to developers who are under the age of 18 and are not fully able and competent to enter into, abide by, and comply with this Agreement. If you are an individual, by using the Service, you represent and warrant that you are 18 years of age or older and meet all of the foregoing eligibility requirements. If you are not 18 years of age or older and do not meet all of these requirements, you must not access or use the APKPure Platform.
    2. To use the Service, you must first accept this Agreement.If you do not or cannot accept this Agreement, then you are not entitled to use the Service. You accept and agree to the terms of this Agreement on your own behalf and/or on behalf of your company, organization, or other entity as its authorized legal representative, by using APK Platform for distributing Developer Materials or by clicking an “Agree” or similar button, where this option is provided by us.
    3. Effective Date” of this Agreement in relation to an application is the date on which you upload such application and agree to this Agreement in accordance with section 1.2 above.
  2. 2. OWNERSHIP

    Subject to rights granted hereunder and subject to the terms of this Agreement, the Developer retains all right, title, and interest in and to the Developer Materials.

  3. 3. LICENSES

    1. The Developer hereby grants to APKPure a royalty free, world-wide, non-exclusive, transferable and sub-licensable right and license to:
      1. use, reproduce, distribute, display, analyse, publicly perform, deliver, market, and promote, the Developer Materials through the APKPure Platform;
      2. use, develop, create, implement, and/or distribute modifications from the Developer Materials as necessary in order to incorporate the Developer Materials in the APKPure Platform , or to make any improvements to the APKPure Platform;
      3. copy, perform, display and otherwise use the Developer Materials in connection with the operation and marketing of the APKPure Platform, for general administrative and demonstration purposes;
      4. use the Developer Materials in connection with the provision of hosting services to you and on your behalf to allow for the storage of and user access to the Developer Materials and to enable third-party hosting of such Developer Materials;
      5. analyse and use the Developer Materials in connection with verifying compliance with this Agreement and applicable laws; and
      6. serve advertisements through the APKPure Platform in connection with the Developer Materials, including corner or banner advertisements during the exhibition of the Developer Materials, pop-up advertisements upon redirection, or advertisements redirecting end-users to third party’s URLs.
    2. The Developer hereby further grants a non-exclusive, worldwide and perpetual license to sub- license to end-users of APKPure to download, perform, display and use the Developer Materials made available on the APKPure Platform. You may provide an end-user license agreement (“EULA”) in connection with the Developer Materials. You acknowledge and agree that any such EULA is solely between you and the end-user. We are not responsible for, and shall not have any liability whatsoever under, any EULA or any breach by you or any end-user of any of the terms and conditions of any EULA.
    3. You acknowledge and agree that we (or our licensors, as applicable) own all right, title and interest in and to the APKPure Platform and any materials provided by us. Except as explicitly included in this Agreement, you do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in or to them. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied, are granted by us, by implication, estoppel or otherwise.
  4. 4. LICENSES

    1. You acknowledge that APKPure may run promotional activities for your Developer Materials in connection with the APKPure Platform. You agree to grant APKPure the right to use the titles, logos, trade names, trademarks, service marks, domain names or other distinctive brand features of your Developer Materials (in the form and manner provided by you) for purposes of marketing and promoting Promotions the APKPure Platform.
  5. 5. INTELLECTUAL PROPERTY RIGHTS

    1. In this Agreement, “Intellectual Property Rights” means inventions, patents, copyrights, trademarks, industrial designs, integrated circuit topography rights, know-how, trade secrets, confidential information, and any other intellectual property rights whether registered or unregistered, and including rights in any application for any of the foregoing.
    2. You must obtain all relevant licenses and permission required in connection with the Developer Materials to ensure that the Developer Materials do not, and your use of the Service does not, infringe any third party’s Intellectual Property Rights. It is your sole responsibility to provide Developer Materials that do not violate the Intellectual Property Right of any person or defames any person. For the avoidance of doubt, we will not be liable for any such violation or infringement.
  6. 6. DEVELOPER OBLIGATIONS

    1. In addition to this Agreement, you will comply with and agree to use the Service only for purposes that are permitted by:
      1. the APKPure Terms of Use available on the APKPure Platform (the “Terms of Use”). For the avoidance of doubt, the Service in this Agreement is part of the Service in the Terms of Use, and any Developer Materials are Content as defined in the Terms of Use, and must comply with the standards set out in the AUP; and
      2. any applicable law, regulation or generally accepted practices or guidelines in relevant jurisdictions.
    2. You are solely responsible for uploading your Developer Materials to the APKPure Platform, providing required information and support to users, including undertaking or handling any maintenance of the Developer Materials and addressing any complaints about your Developer Materials. You are also solely responsible for accurately disclosing the permissions necessary for the Developer Materials to function on user devices, and agree to supply and maintain valid and accurate contact information that will be displayed in each of your Developer Materials’ detail page and made available to users for customer support and legal purposes.
    3. You may not use the Service to distribute or make available any Developer Materials whose purpose is to facilitate the distribution of software applications and games for use on Android devices outside of the APKPure Platform.
    4. You agree that if you make your Developer Materials available through the APKPure Platform, you will protect the privacy and legal rights of any users. If the users provide you with, or your Developer Materials accesses or uses, usernames, passwords, or other login information or personal information, you agree to make the users aware that the information will be available to your Developer Materials, and you agree to provide legally adequate privacy notice and protection for those users. Further, your Developer Materials may only use that information for the limited purposes for which the user has given you permission. If your Developer Materials stores personal or sensitive information provided by users, you agree to do so securely and only for as long as it is needed. However, if the user has opted into a separate agreement with you that allows you or your Developer Materials to store or use personal or sensitive information directly related to your Developer Materials (and not including other products or applications), then the terms of that separate agreement will govern your use of such information.
    5. You will not engage in any activity on the APKPure Platform, including using the Service, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of APKPure or of any third party including any user.
    6. Where required by applicable law or requested by us, you must provide or assist with identifying the required age-rating classification and/or the specific IARC age rating and classification in connection with your Developer Materials.
    7. The Developer Materials are subject to reviews by users of the APKPure Platform. You acknowledge and agree that we may use such reviews to determine the placement of any Developer Materials on the APKPure Platform, including where you may disagree with the reviews given to your Developer Materials.
  7. 7. CONFIDENTIALITY

    1. You may be given access to certain non-public information, software, and specifications relating to us and/or the Service (“Confidential Information”), which is confidential and proprietary to APKPure. You may use this Confidential Information only as necessary in exercising and performing your rights and obligations under this Agreement. You may not disclose any of this Confidential Information to any third party without APKPure’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.
    2. You shall notify us if you become aware of any unauthorised disclosure of any Confidential Information and shall afford reasonable assistance to us in connection with any enforcement proceedings that we may elect to bring against any person.
    3. This section 7 shall remain in full force and effect in the event of any termination of this Agreement.
  8. 8. DEVELOPER WARRANTIES

    1. You hereby warrant and represent that:
      1. you have sufficient right to grant the licenses described in this Agreement and the Developer Materials will not infringe Intellectual Property Rights of any third party;
      2. if you use third-party materials, you have the right to distribute the third-party material in the Developer Materials. You agree that you will not submit material to the APKPure Platform that is subject to third-party Intellectual Property Rights, unless you are the owner of such rights or have permission from their rightful owner to submit the relevant material;
      3. the Developer Materials do not contain any viruses, corrupted files, backdoors, or any other similar software or programs that may adversely affect end users of the Developer Materials or the operation of the APKPure Platform, APKPure’s servers, or its systems, software or hardware;
      4. the Developer Materials do not contain falsehoods or misrepresentations or content that could give rise to a criminal offense, civil liability, violate any law, or is otherwise inappropriate;
      5. you entering into this Agreement does not violate any laws, rules, or regulations which govern the Developer or constitute a breach, event of default, or violation of any agreement by which the Developer is bound, and you are solely responsible for compliance worldwide with all applicable laws and other obligations;
      6. all information that you provide to us or users in connection with this Agreement or Developer Materials (including any age-ratings or grading) will be current, true, accurate, legitimate, supportable and complete. and
      7. you will use the APKPure Platform only for purposes that are permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
    2. You represent and warrant that any materials delivered as part of the Developer Material, as delivered to APKPure, unless otherwise expressly approved by APKPure, do not include or provide following categories of content:
      1. drugs, tobacco and/or any illegal substance;
      2. inappropriate content (including profanity, obscenity, pornographic or sexually explicit content (including any content that shows nudity or sexual acts), hate speech, violence (including events involving self-harm, harm to another person or harm to animals), dangerous products (including weapons, weapons manufacturers and gun clubs), terrorist content, extremism, dangerous movements and organizations, sensitive events, bullying and harassment as well as any content that is threatening, abusive, libelous, slanderous, fraudulent, defamatory, deceptive, or otherwise offensive or objectionable);
      3. real-money gambling (even if gambling is legal in your jurisdiction);
      4. pornographic or sexually explicit establishments/companies/services;
      5. child endangerment;
      6. financial services (including binary options, crypto-currencies, personal loans) that are not properly authorized and fully lawful in any jurisdiction where such content is made available by you, or may in any way expose users to deceptive or harmful financial products and services;
      7. any illegal content; and/or
      8. any other content deemed inappropriate by APKPure.
  9. 9. ADDITIONAL WARRANTIES

    1. Each party warrants and represents that:
      1. its signatory (where applicable) has been duly authorized on its behalf to enter into and execute this Agreement; and
      2. it has the requisite authority to enter into and be bound by this Agreement.
  10. 10. TAKEDOWN

    1. In accordance with section 15, you may remove the Developer Materials from future distribution through the APKPure Platform, but removing your Developer Materials from future distribution through the APKPure Platform does not:
      1. affect the rights of users who have previously downloaded the relevant Developer Materials;
      2. remove the relevant Developer Materials from devices or from any part of the APKPure Platform where previously downloaded applications are stored on behalf of users; or
      3. change your obligation to deliver or support Developer Materials or services that have been previously downloaded by users.
    2. We do not (to the extent permitted by law) undertake any obligation to monitor the Developer Materials or their content. If we determine in our sole discretion that Developer Materials (or any part thereof):
      1. violate any applicable law, this Agreement, applicable policies, the Terms of Use or other terms of service, as we may set out and update from time to time; or
      2. create potential liability for, or may have an adverse impact on APKPure (for example, if Developer Materials have an adverse economic, reputational or security-related impact);

        then we may reject, remove, suspend, bar and/or limit the visibility of the relevant Developer Materials on the APKPure Platform.

    3. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may report alleged copyright infringements taking place on or through the APKPure Platform by completing a DMCA copyright infringement notification and delivering it to APKPure Platform’s designated copyright agent, as further set out here. Upon receipt of such notice, APKPure will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the APKPure Platform. Please note that if you fail to comply with all of the notification requirements, your DMCA notification may not be valid.
  11. 11. INDEMNITY

    1. You agree to indemnify, defend, and hold harmless APKPure, its affiliates, and its and their respective directors, officers, employees, contractors, agents, representatives, successor and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to:
      1. your use or misuse of the Service;
      2. your breach of this Agreement;
      3. infringement or violation by your Developer Materials of any Intellectual Property Right or any other right of any person; and
      4. any personal or property damage caused by you.
  12. 12. WAIVER

    1. Other than warranties expressly set forth in this Agreement, the Service is provided “as is” and without warranties of any kind, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose; non-infringement; any implied warranty relating to course of performance, course of dealing, or usage of trade; and any warranty regarding the suitability and quality of our site or the APK Platform for your purposes or expectations. To the maximum extent permitted under applicable law, we do not warrant that the functions contained in information, content and materials on the APKPure Platform or through the APKPure Platform will be uninterrupted or error-free, that defects will be corrected, or that our site or the servers that make such information, content and materials available are free of viruses or other harmful components. Moreover, you assume the entire cost of all associated servicing, repair or necessary correction due to any such harm. We do not warrant or make any representations regarding the use or the results of the use of any content contained on or offered, made available through, or otherwise related in any way to the Service, or regarding any third party sites or services linked to or from the APKPure Platform in terms of their correctness, accuracy, completeness, availability, reliability, safety or otherwise.
    2. You hereby irrevocably waive any claim against us with respect to:
      1. any content contained on the APKPure platform, including any errors, mistakes, or inaccuracies of the Developer Materials as incorporated into the APKPure Platform, or provided through our Service;
      2. any unlawful copying of the Developer Materials, unauthorized access to or use of the Developer Materials on the APKPure Platform; or
      3. third party websites or offers placed through the APKPure Platform in respect to any information, content and materials you provide to such third parties.
    3. You agree that you are solely responsible for any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which we or any third party may suffer) of any such breach.
    4. Some jurisdictions may not allow the exclusion of implied warranties, so some or all of the above exclusion may not apply to you.
  13. 13. LIMITATION OF LIABILITY

    1. In no event shall either party be liable to other party for any claim for indirect, incidental, special, punitive, or consequential damages (including lost profits), whether based in contract or tort arising out of or in connection with the Service, even if such damages are foreseeable or we have been advised of or have constructive knowledge of the possibility of such damages. Subject to the foregoing, our total liability to you for any damages, losses and causes of action whether in contract, tort (including negligence) or otherwise arising out of or connected to our Service or this Agreement shall in no event exceed USD 100.
    2. Force Majeure. Neither party to this Agreement will be liable to the other party for any failure or delay in fulfilling an obligation hereunder, if said failure or delay is attributable to circumstances beyond its control, including any fire, labour dispute, government measure, acts of God, pandemic, war, riots, civil disturbances, accidents, earthquakes, flood, strikes, lockouts, labour disturbances, or court or governmental order (the “Force Majeure”). The parties agree that the deadline for fulfilling the obligation in question will be extended for a period of time equal to that of the continuance of the Force Majeure.
  14. 14. CHANGES TO THESE TERMS AND UPDATES

    1. We may need to change or update this Agreement to reflect changes in law or best practice or to deal with any additional features or services. When we make any change or update to this Agreement, we will update the last updated date at the top this Agreement. If the changes or updates materially affect you, we may notify you of such changes or updates. To the extent that it is legally permitted according to the law in your applicable jurisdiction, you waive any right you may have to receive specific notice of such changes or modifications.
    2. You are required to implement and use the most current version of the APKPure Platform and to make any changes to your use of the Service that are required as a result of any changes or updates to this Agreement. Updates may adversely affect the manner in which you access or communicate with APKPure or use the Service. To the extent that it is legally permitted according to the law in your applicable jurisdiction, your continued access or use of the APKPure Platform following an update or modification will constitute binding acceptance of any change to update to the Agreement.
  15. 15. TERM AND TERMINATION

    1. This Agreement is effective from the Effective Date and shall continue to apply until terminated by either you or APKPure as set out in this Section.
    2. If You want to terminate this Agreement by providing us with thirty (30) days’ prior written notice; provided that you will first unpublish all of your Developer Materials. After the termination, You must cease Your use of the APKPure Platform and any relevant developer credentials.
    3. We may terminate this Agreement at any time and without notice or with thirty (30) days’ prior written notice if required under applicable law if:
      1. you breach, or we reasonably believe that you are in breach of any term of this Agreement or applicable law;
      2. we are required to do so by law (e.g. under a court order or a request from a regulatory authority);
      3. we no longer intend to offer the APKPure Platform in your jurisdiction;
      4. the provision of the APKPure Platform to you is, in our sole determination, not commercially viable anymore; or
      5. you are misusing the APKPure Platform or pose a threat to the security of the APKPure Platform, as determined by us in our sole discretion.
    4. Where allowed under applicable law, we may also terminate this Agreement with you for any reason with thirty (30) days’ prior written notice.
    5. Upon termination:
      1. all rights granted to you under this Agreement will terminate except the perpetual license described in Section 3.2;
      2. you will no longer have access to the APKPure Platform to use the Service; and
      3. we will no longer distribute your Developer Materials on the APKPure Platform.
    6. Except as set forth in the Privacy Policy, we are not responsible for any removal or loss of your Developer Material. When information or content is removed from the APKPure Platform by either you or us, traces or copies may still remain elsewhere.
    7. The termination of this Agreement will not limit any of APKPure’s rights or remedies at law or in equity. The provisions of this Agreement, which by their nature should survive the termination of this Agreement, shall so survive such termination.
    8. Notwithstanding the foregoing, APKPure will not be responsible for removing cached copies of the Developer Materials that may be made by third parties on their own servers, computers, or other hardware.
  16. 16. JURISDICTION-SPECIFIC TERMS

    1. Additional terms are also applicable to users within the jurisdictions set out in the Additional Jurisdiction Specific Terms in Schedule 1 to this Agreement.
    2. We make no representation that the Service is available for use or permitted by law in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in.
  17. 17. GENERAL PROVISIONS

    1. We reserve the right at any time to modify or discontinue, temporarily or permanently, the APKPure Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the APKPure Platform.
    2. In this Agreement (except where the context otherwise requires):
      1. words in the singular shall include the plural and in the plural shall include the singular;
      2. any words following the terms “including”, “include”, “in particular”, “such as”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
      3. unless otherwise stated, a reference to “writing” includes email;
      4. a “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); and
      5. the Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement and any reference to this Agreement includes the terms in the Schedules.
    3. You may not assign or transfer your rights under this Agreement (if any) without our prior written consent. We may assign our rights under this Agreement to any third party at our sole discretion, provided that such third party undertakes to comply with our obligations to you under this Agreement.
    4. If any provision of this Agreement, for any reason, be declared void, illegal, invalid, or unenforceable in whole or in part, such provision will be severable from all other provisions herein and will not affect or impair the validity or enforceability of any other provision of this Agreement; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable.
    5. No waiver of any provision of this Agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing.
    6. This Agreement along with any other notices, policies, procedures, agreements, and terms and conditions available the APKPure Platform constitute the entire agreement between you and us with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
    7. This Agreement is solely between you and APKPure. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any of its terms. Each party represents to the other that their respective rights to terminate, rescind or agree any amendment, variation, waiver or settlement under this Agreement are not subject to the consent of any person that is not a party to this Agreement.
    8. This Agreement is governed by and construed in accordance with the laws of Singapore. The courts of Singapore have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with this Agreement, including any non-contractual rights or obligations arising out of or in connection with this Agreement.
  18. 18. QUESTIONS OR COMMENTS

    1. If you have any questions or comments regarding this Agreement, you may contact us at support@apkpure.com. For support related to the APKPure application, click here.

SCHEDULE 1– SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC

These Supplemental Terms - Jurisdiction-Specific are incorporated by reference and form part of the terms of use. These additional terms shall apply, supersede and override any conflicting provisions to the extent of any inconsistency in the main body of the terms of use in relation to users of the Service located in the jurisdictions set out below.

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