2.- apkheist Account Terms & Conditions

(This section applies to all users who register for a apkheist Account)

2.1. Account registration

To access and use certain specific features, you must create a apkheist Account through the registration process specified by us. You must be of legal age to form a binding contract in your jurisdiction. By creating a apkheist Account, you represent and warrant that you meet this requirement. Registration requires you to provide truthful, accurate, complete and updated information, including but not limited to an email address and contact information. For this purpose, you guarantee the authenticity of all data provided. You are responsible for maintaining the accuracy of such information throughout the time you hold the account. You acknowledge that the use of the services associated with the apkheist Account are conditional upon being a registered user, and that any unauthorized access to or use of the services associated with the apkheist Account is strictly prohibited. Any unauthorized access or use of the apkheist Account may result in immediate suspension or termination of access, in addition to any other necessary legal remedies. You are solely responsible for all the comments and actions associated with your account and/or its credentials.

2.2 Account security and confidentiality

If you choose, or are provided with, access credentials (user ID, password, etc.), you must treat such information as confidential and not disclose it to any third party. Access credentials are unique, personal, non-transferable and may not be shared, sublicensed, or used by others. No assignment, even temporary, is permitted. You agree to use your password diligently and keep it secret. You will maintain the confidentiality and security of all access credentials and will notify apkheist immediately upon becoming aware of any unauthorized access or suspected security breach related to your apkheist Account. You must notify apkheist immediately if you become aware that your apkheist Account login details have been lost, stolen or otherwise compromised. You are responsible for costs and damages caused by the use of the different services by any third party using his/her password due to careless use or loss of it.

2.3. Account functionalities and scope

The apkheist Account serves as a single identity across various apkheist services, enabling access to features requiring registration, such as:

• Submitting contributions and feedbackon www.apkheist.com (governed by the User & Business Terms below).
• Using the Publishing Centre to publish applications, manage updates, and facilitate distribution(governed by the Publishing Centre Terms below)
• Accessing personalization features or restricted content where available. Specific rules for using these functionalities are detailed in the relevant sections below.

2.4. Third-Party registration

Registration may require using credentials from a third-party provider (e.g., social network). You must abide by that third party's terms.

2.5. Account disablement

apkheist may disable any password or account at any time if, in our reasonable opinion, you have failed to comply with any provision of these Terms. apkheist reserves the right to deny access for non-compliance.

2.6. Privacy and data protection

Any personal data that you provide when registering or using our services will be processed in accordance with our Privacy Policy and our Cookies Policy. These policies are integral to these Terms; you must read and accept them.

3.- User & business terms and conditions

3.1. Legal information and acceptance

These User & Business Terms govern the use of the website www.apkheist.com, its subdomains and related websites (the “Website(s)”) that apkheist operates and makes available to users in order to provide information about its services as well as the possibility of using them.

Use of the Websites includes accessing, browsing, or registering to use the Website.

Please read these User & Business Terms carefully before you start to use any of the Websites, as these will apply to your use of the Website.

The use of the Website by users implies acceptance of all conditions contained in these User & Business Terms. By using any of the Websites you confirm that you accept these User & Business Terms and that you agree to comply with them.

If you do not agree to these User & Business Terms, you must not use the Website.

Users can access, print, download and save these User & Business Terms at any time. These conditions will be permanently accessible on the Website.

apkheist is a company that owns several domains that include, among others, the local country domains of Spain, France, Germany, Italy, Brazil, China, Japan, the Netherlands, Turkey, Korea, and Poland.

apkheist Privacy Policy and Cookies Policy are an integral part of these User & Business Terms, so you also unreservedly accept these Policies and agree to be bound by them.

Some services accessible by users from the Website may be subject to special term or conditions, or instructions that may replace, complement and/or modify these User & Business Terms. When applicable, the special conditions shall be made available to the user in a clear manner and must be accepted by the user before the provision of that particular service. In case of discrepancies, the special conditions shall prevail over these User & Business Terms.

It is possible that during the provision of services included in the Website, the domain name under which such services are provided may be modified. Therefore, users know and accept this possibility, while the conditions accepted by users by these User & Business Terms remain in full force and effect.

apkheist legally reserves the right to deny access, at any time and without prior notice, to those users who do not comply with these User & Business Terms at any time.

apkheist also offers certain services aimed at businesses (“B2B services”) through the apkheist for Business platform, which publishes editorial content designed to promote or analyse third-party software and digital services. These B2B services may include affiliate models, whereby apkheist integrates links (“Affiliate Links”) into its editorial content that direct users to third-party software or applications. apkheist may receive a commission if users download such software or applications through the destination website of an Affiliate Link. These Affiliate Links will always redirect users to the official or authorised websites of the affiliated third parties. In this regard, Editorial content published on apkheist for Business may include Affiliate Links, although not all do. The use of the apkheist for Business platform is governed by these User & Business Terms. In the event of any conflict between these User & Business Terms and the provisions of a specific written agreement signed with an affiliate partner, the terms of the specific agreement shall prevail.

3.2. Accessing the website

The Website is made available to you “as is”, without any implied warranty and free of charge.

apkheist does not guarantee that the Website, or any service or content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis (apkheist offers the Website service for a duration restricted to the moment in which users access and connect to the Website or to any other of service offered). apkheist may suspend, withdraw, discontinue or change all or any part of the Website without notice. apkheist will not be liable to the users if for any reason the Website is unavailable at any time or for any period.

Users are also responsible for ensuring that all persons who access the Website through their internet connection are aware of these User & Business Terms and other applicable terms and conditions and that they comply with them.

apkheist does not represent that content available on or through the Website is appropriate or available in other locations. apkheist may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time.

3.3. Registration and account

To access certain services or submit contributions to the Website, you are required to register and maintain an active apkheist Account.

The creation, management, and terms governing the apkheist Account itself are exclusively managed by Section 2 “apkheist ACCOUNT TERMS & CONDITIONS" of these Terms.

3.4. Terms of use of the contents and services

Use of the Website and its content is entirely voluntary and under the sole and exclusive responsibility of the user. Some services are exclusive to certain users and their access is restricted.

Users may solely access the content and services through the means or procedures that have been made available for this purpose on the Website or used on the Internet for this purpose, provided they do not involve the violation of intellectual or industrial property or involve any damage to the Website and/or its information or services offered.

Users are obliged to use the Website, content and services in a diligent, proper and lawful manner and, in particular, agree to refrain from behaviour including but not limited to the following:

(a) use of the Website, content and services in a manner that results in activity which is illegal, immoral or against generally accepted best practices or public order;

(b) use of the Website, content and services in a way that breaches any applicable local, regional, national or international law or regulation;

(c) transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or images, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or that may induce activity which is criminal, slanderous, defamatory, violent or, in general, contrary to law, moral rights or generally accepted best practices or public order;

(d) reproducing, duplicating, copying, reselling or distributing any part of the Website or the content, or allow public access to them through any form of public communication, or transform or modify it, unless with the permission of the copyright owner or corresponding rights holder;

(e) infringing intellectual or industrial property belonging to third parties or apkheist;

(f) using the services and content in a way that could undermine or overload the operation of the Website;

(g) not to access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored; any software used in the provision of the Website, or any equipment or network or software owned or used by any third party;

(h) conducting unlawful or fraudulent transactions or ones that could facilitate illegal or fraudulent behaviour of any kind, or using the Website, content and services in a way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

(i) using the Website, content and services for commercial purposes;

(j) using the Website, content and services and, in particular, information of any kind obtained through the Website for any advertising purposes and, in particular, for sending, or procuring the sending of advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited or unauthorized advertising and promotional material or any form of similar solicitation, unsolicited messages or addressed to a number of people, or to sell or otherwise disclose such information without the authorisation of the addressee and apkheist;

(k) knowingly transmitting any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

(l) sending, knowingly receiving, uploading, downloading, using, re-using any material or content which does not comply with apkheist content standards below;

(m) using the Website, content and services for commercial purposes, except as expressly authorized by apkheist, such as in the case of commercial affiliation models.

Users are liable for damages of any kind that apkheist may suffer directly or indirectly as a result of any breach of these User & Business Terms or the law relating to the use of the Website.

apkheist may from time to time provide interactive services on the Website, including, without limitation, chat rooms, bulletin boards, discussion forums, blogs, articles with public comments or social media platforms. Users must read and accept these User & Business Terms before contributing any information, material or content to the Website or to any interactive services associated with it.

Where apkheist does provide any interactive service, apkheist will provide clear information to the users about the kind of service offered, if it is moderated and what form of moderation is used, including whether it is human or technical. apkheist may use, for instance, spam filters or word filters to automatically prevent the uploading or publication of, or block or delete contributions containing inappropriate words or phrases.

apkheist will do its best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and apkheist will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, apkheist is under no obligation to oversee, monitor or moderate any interactive service provided on the Website, and apkheist expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of these User & Business Terms or any applicable legislation, whether the service is moderated or not.

This Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by apkheist. The views expressed by other users on our site do not represent apkheist views or values. The views expressed by users on the Website or the interactive services do not represent apkheist views, values, opinions or positions and the users are responsible for their comments and for the information, material or content they publish.

Where apkheist does moderate an interactive service, apkheist will normally provide the user with means of contacting the moderator, should a concern or difficulty arise. Users may also report illegal activity or information, material or content which is unlawful or violates these User & Business Terms at any time via apkheist online content complaint form available. Once the form is filled in and submitted, apkheist will review and investigate the request and, if appropriate, will promptly take action.

The following content standards apply to any and all information, material or content that users contribute to the Website and to any interactive services associated with it (the “Contributions”). The user must comply with the spirit and the letter of these standards, which apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in Spain and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Contain images or videos.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark or any other right of any third party.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from apkheist if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Infringe any applicable law or regulation.

Failure to comply with the obligations set out herein constitutes a material breach of the User & Business Terms upon which users are permitted to use the Website, and may result in apkheist taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of the user’s right to use the Website.
• Immediate, temporary or permanent removal of any contribution, posting or material uploaded by the user to the Website or any interactive service associated to it.
• Sending of a warning to the user.
• Eliminate or temporary block the apkheist Account.
• Legal proceedings against the user for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against the user.

Disclosure of such information to law enforcement authorities as reasonably necessary and to the extent permitted by law.

apkheist excludes liability for actions taken in response to breaches of these User & Business Terms. The responses described in these User & Business Terms are not limited, and apkheist may take any other action which is appropriate in its best interests.

Any users’ Contribution to the Website will be considered non-confidential and non-proprietary. Each user retains all of his/her ownership rights in his/her Contributions, but grants apkheist and other users of the Website a free of charge license to use, store and copy those contributions and to distribute and make them available to third parties, with the widest and longest scope and duration permitted by law for the purposes of public display the contribution of the Website. Users expressly authorize apkheist to use the Contributions published, uploaded or sent by them for the promotion and marketing of the Website.

In accordance with the provisions of our Privacy Policy, apkheist has the right to disclose the user’s identity to any third party who is claiming that any contribution or content posted or uploaded by such user to the Website or any interactive service constitutes a violation of their intellectual property rights, their right to privacy or any other of their rights.

Users are solely responsible for securing and backing up their content.

3.5. Intellectual property rights

The Website and its content are protected by copyright laws and treaties around the world. All such rights are reserved.

Users will respect the industrial and intellectual property rights of apkheist and third parties at all times. Users acknowledge and agree not to have any right, title or interest over those intellectual property rights, nor have right to use, except to the extent permitted under these User & Business Terms. Consequently, none of the rights or obligations conferred or assumed under this User & Business Terms will be construed as an assignment or license, in whole or in part, of the industrial and intellectual property rights over the Website or any of the parts thereof, or affect the ownership thereof, unless it is expressly provided otherwise.

It is expressly prohibited to reproduce, distribute, modify, transfer, communicate or make available to the public, extract, reuse, resend and in any other manner use by any means the Website or any of the parts or elements thereof (including, but not limited to text, design, graphics, information, data, archives, sound files and/or images, logos, etc.), unless the holder of the relevant rights (either apkheist or a third party) has provided its prior written authorization or if it is permitted by law. The breach of these obligations may constitute a violation of the intellectual or industrial property rights and other applicable laws.

Users must not use any part of the information, content or material on the Website for commercial purposes without obtaining a license to do so from apkheist or its licensors.

Provided that they are not obtained or used for commercial or professional purposes but for private purposes only and in accordance with that established in the applicable legislation, users may view and obtain temporary private copies of the information, materials, and content of the Website in their computer systems (hardware and software).

It is expressly prohibited to access or obtain, or attempt to access or to obtain the information, materials or content of the Website through means or procedures other than those which, if any, (i) have been made available to users or have been indicated for this purpose; or, in general, (ii) are commonly used on the Internet for this purpose, provided that they do not imply a risk of damage, mutilation or uselessness of the Website, the information, materials or content.

Each party will immediately inform the other one, through any of the contact ways referred to in these User & Business Terms, of any violation of intellectual or industrial property rights they may be aware of, and shall fully cooperate in the defence of such rights.

If you use, copy or download any part of our site in breach of these User & Business Terms, the user’s right to use the Website will cease immediately and the user must, at apkheist’s option, return or destroy any copies of the materials the user has made.

Third-party applications or software promoted through the editorial content or through Affiliate Links remain the property of their respective owners. apkheist assumes no ownership or responsibility for such software or applications, acting solely as an intermediary.

3.6. No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which users should rely on. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

apkheist makes no representations, warranties or guarantees, whether express or implied, that the Website or any information or content on it is accurate, complete or up-to-date or will be free from errors or omissions.

apkheist cannot warrant that contributions sent by users have been provided after users have actually tried, viewed, checked or otherwise used, as applicable, the content or service for which the contribution is related.

3.7. Disclaimer of warranties and liability

Nothing in these User & Business Terms excludes or limits apkheist liability for death or personal injury, for gross negligence or wilful misconduct, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, apkheist excludes all conditions, warranties, representations or other terms which may apply to the Website or any information, content or material on it, whether express or implied.

apkheist reserves the right to terminate the users’ access to the Website as well as the provision of any or all content or service provided through it at any time and without notice, for technical, security, maintenance or power failure reasons or any other reasonable cause. Accordingly, apkheist does not guarantee the reliability, availability or continuity of the Website, the content or the services, so that the use of them by users is done at their own risk, and apkheist cannot be held liable for any loss or damage arising under or in connection with the use of, or inability to use the Website or services or the discontinuance or unavailability of the Website or services.

apkheist will not be held liable for any interruptions to such services, delays, errors, malfunctions and, in general, any other problems that originate from causes beyond the reasonable control of apkheist, and/or due to wilful misconduct or fault of users and/or due to Force Majeure. Force Majeure is understood to include all those events beyond the reasonable control of apkheist, such as failures of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions by public authorities, those produced as a result of natural disasters, power outages, and the attack by hackers or other third parties to the security or integrity of the system. In any case, whatever their cause to the extent permitted by the applicable law, apkheist shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss of profits.

To the extent permitted by the applicable law, apkheist excludes all liability for damages of any kind that may result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities.

apkheist is not responsible for the content or information collected in the Website, nor for the users’ contributions or for those opinions, comments, insights or other communications that are not issued directly by apkheist.

apkheist undertakes to comply with the security legal obligations and to adopt all security measures that are mandatory under applicable law. However, apkheist cannot and does not warrant that internet transmissions are completely private or secure, that any information may not be read or intercepted by others, or that there will not be any viruses, other harmful elements in the content that may cause alterations in the computer systems as well as in documents or other systems stored therein. Correlatively apkheist cannot accept any liability deriving therefrom.

apkheist excludes liability for the content or contributions that users send apkheist via the Website, via email or any other means, therefore, the users being liable for content or contributions sent by them. Similarly, apkheist is not liable for the use that users make of the content of the Website or their passwords, and any other material contained on the Website that potentially constitutes a violation of any regulations, national or international, of the rights of intellectual property or other rights of third parties.

Similarly, apkheist will not be held liable for any possible security errors that may occur through the use of outdated versions of browsers, or for any consequences that may arise from malfunctions of browsers, either by improper configuration, computer virus or any other cause not directly related to apkheist.

The editorial content published on apkheist for Business is provided for informational or promotional purposes only and does not constitute professional, technical or legal advice. apkheist acts solely as an independent publisher of articles about third-party applications or software. Some of the links that appear in such editorial content may be part of affiliate agreements between apkheist and the respective third-party providers. In any case, the download, installation, access or use of any such application or software is carried out under the sole responsibility of the user.

apkheist does not guarantee, directly or indirectly, the quality, availability, legality, reliability, suitability, or performance of any third-party applications or software offered through the Website or accessible through Affiliate Links. apkheist shall not be liable for any damages, losses, liabilities, or consequences resulting from the use - or inability to use - such application or software , including, but not limited to: data loss, business disruption, security breaches, malfunction or incompatibilities. Any claim, dispute or support request related to third-party application or software download through the Affiliate Links must be addressed directly to the respective developer, distributor, provider or owner and will be governed solely by their applicable terms and conditions.

3.8. Links to third party sites (outbound links)

The Website may include technical linking devices, directories, and even search tools that allow users to access other sites (“Linked Sites”) solely with the purpose to facilitate the search for and access to information, content, and services available on the Internet.

In the event that users consider that a Linked Site contains illegal or inappropriate content then they should promptly contact apkheist via email (legal@apkheist.com), indicating: (a) the name of the sender, telephone number and email address for responses; (b) a description of the facts that reveal the illegal or inappropriate nature of the Linked Site; and, (c) a confirmation that the information contained in the communication is an accurate statement. However, in no event will such a communication imply an automatic removal of such Linked Site, nor does it imply any actual knowledge by apkheist of the activities and/or contents specified by the sender.

apkheist reserves the right to delete any link already published on the Website if the relevant Linked Site undergoes any change or when the content and/or services do not comply with the principles or provisions of these User & Business Terms or with the current legislation.

In no event does the existence of Linked Sites deem the existence of agreements or any business relationship between apkheist and those who run, manage, are responsible for or owners of such Linked Sites, nor the support, approval, recommendation, promotion or identification of apkheist with the content or services offered by them.

apkheist (i) does not assume any responsibility for the content or services of other websites, and shall not be held liable for any losses or damages caused by the unlawfulness, quality, unavailability, error or use of the content and/or services of the Linked Sites nor for any other damage that is not directly attributable to apkheist except for that which may be set out herein; and (ii) does not guarantee the absence of viruses or other similar elements which may cause alterations in the users’ information systems (hardware and software), electronic documents and/or files. apkheist is not responsible for the results obtained through the Linked Sites.

If users choose to visit and/or use any of the Linked Sites then they do so at their own risk and must take appropriate protective measures against viruses or other harmful elements.

In certain cases, links to third parties websites may be part of commercial affiliation models between apkheist and third parties. In such cases, when the user accesses an application or software and downloads through the Affiliate Link, apkheist may receive financial compensation for doing so. Notwithstanding the foregoing, the download and use of such application or software shall be governed solely by the terms and conditions of the provider of the application or software.

3.9. Links to the website (inbound links)

In the event that a third party links to any of apkheist’s Websites domain or subdomain names (or a specific country variant of such domain), apkheist may seek, at any time and without providing the reasons for the request, the removal of any link to the Website, after which the party responsible for such site should immediately proceed to the elimination of such inbound link.

The insertion of the link will in no event imply the existence of agreements or a relationship between apkheist and the relevant third party or the approval by apkheist of the content and services offered in the relevant website.

3.10. Privacy and protection of personal data

Any personal data that users provide when using the Website or collected by apkheist will be processed in accordance with our Privacy Policy and our Cookies Policy. Users must read and accept the Privacy Policy before providing personal data to apkheist. Likewise, the user’s consent will always be required before placing cookies and process User’s data by these means according to our Cookies Policy.

3.11. Changes to these terms of use and to the website

apkheist reserves the right to amend the content of these User & Business Terms from time to time to reflect legal changes or changes to the Website or the contents and services offered therein. Consequently, apkheist recommends that users read these conditions each time they access and use the Website to review the terms applicable at that time.

In this sense, apkheist offers the Website service for a duration restricted to the moment in which users access and connect to the Website or to any other of service offered.

apkheist may update the Website and change the content, design, presentation and/or the configuration at any time without prior notice.

In this sense, the apkheist for Business platform may include additional functionalities over time, such as public comments of the users. apkheist reserves the right to edit, suspend or remove any content published on the apkheist for Business platform at its sole discretion and without prior notice, particularly in cases where the content no longer meets editorial or commercial standards.

4.- Publishing Center Terms & Conditions

4.1. Legal information and acceptance

These Publishing Centre Terms govern your access to and use of apkheist Publishing Centre (the “Marketplace”), including all content, functionality, and services offered on or through the Marketplace.

Please read these Publishing Centre Terms carefully before you start to use the Marketplace. By registering for, accessing, or using the Marketplace in any manner, you agree to be bound by these Publishing Centre Terms in their entirety.

If you do not agree to be bound by these Publishing Centre Terms, do not access or use the Marketplace.

You can access, print, download and save these Publishing Centre Terms at any time. These conditions will be permanently accessible on the Website.

4.2. Eligibility and scope

You may not use the Marketplace if you are in a jurisdiction that is subject to sanctions, embargoes, or trade restrictions imposed by the European Union, the United States, or any other applicable jurisdiction.

apkheist reserves the right to update, revise, or otherwise modify these Publishing Centre Terms at any time by posting updated Publishing Centre Terms on the Marketplace. All changes are effective immediately upon posting and apply to all access to and use of the Marketplace thereafter. Your continued use of the Marketplace constitutes acceptance of such changes.

apkheist legally reserves the right to deny access, at any time and without prior notice, to those users who do not comply with these Publishing Centre Terms.

4.3. Account registration and access credentials

In order to submit and/or upload any content to the Marketplace, registration and authentication via an active apkheist Account are required.

The creation, management, and terms governing the apkheist Account itself are exclusively managed by Section 2 “apkheist ACCOUNT TERMS & CONDITIONS" of these Terms.

4.4. Marketplace usage

When using the Marketplace and any apps (hereinafter, “App”) obtained from it, you commit to strict adherence to all applicable local, national, and international laws, regulations, and governmental orders. This comprehensive obligation includes but is not limited to: (i) Respecting copyrights, trademarks, patents, trade secrets, and other proprietary rights of all parties, including apkheist and third-party developers; (ii) Ensuring your use of the Marketplace and Apps does not compromise network security or facilitate malicious activities; (iii) Adherence to all applicable anti-bribery and anti-corruption laws. Any use of the Marketplace or Apps that violates these laws is strictly prohibited and may lead to immediate termination of your access and potential legal action.

apkheist explicitly states that it does not develop, create, validate, formally review, or endorse any of the Apps listed on the Marketplace. Our role is limited to providing a platform for developers to make their Apps available to users. The inclusion or presence of an App on the Marketplace does not, in any way, imply apkheist’s approval, recommendation, warranty, certification, or endorsement of that App's quality, safety, security, functionality, or compliance with any standards. All Apps are supplied by independent third-party developers, who are solely responsible for their respective Apps. apkheist assumes no responsibility or liability for the content, performance, or any aspect of third-party Apps. Your decision to download or use any App is based solely on your own judgment and risk assessment.

You acknowledge that the services may include features, tools, or content that are generated by or assisted by artificial intelligence ("AI Content"). apkheist makes no representations, warranties, or guarantees, whether express or implied, as to the accuracy, completeness, suitability, or reliability of any AI Content. All AI Content is provided on an "as is" and "as available" basis, with all faults. You explicitly understand and agree that you are solely responsible for any use you make of such AI Content. You must independently review and verify all AI Content before using or relying on it for any purpose. apkheist expressly disclaims all liability for any errors, inaccuracies, or omissions in such content, or for any loss, damage, or harm of any kind incurred as a result of your use of, or reliance on, any AI Content provided through the services.

4.5. Developer responsibilities and content licensing

When you submit any App, software, code, scripts, APIs, metadata, descriptive text, documentation, images, videos, audio files, or any other related content (collectively referred to as " Developer Content ") to the Marketplace, you expressly retain all ownership of your intellectual property rights in such Developer Content. This means apkheist does not acquire ownership of your App or its components by virtue of your submission to the Marketplace. Your intellectual property rights, including copyrights, patents, trademarks, and trade secrets, remain yours. However, this retention of ownership is subject to the license you grant to apkheist as described in the following sub-section. Software and content submitted to the Publishing Center must fall within clearly defined categories that align with our strategic and legal framework. Examples of acceptable categories include: (i) Productivity tools, (ii) Educational software; (iii) Developer utilities; (iv) Business and enterprise tools and; (v) Open-source applications.

To enable apkheist to effectively operate the Marketplace and promote your App, you hereby grant to apkheist a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, and limited-term license to host, use, reproduce, modify (for technical compatibility purposes only, without altering core functionality), transmit, display, perform, distribute, and publicly perform your Developer Content. This license is strictly limited to what is necessary for the following purposes:

• Provision, Operation, and Improvement of the Marketplace: This includes the technical operations required to make your App available to users, display its details, enable downloads, and improve the overall functionality, stability, and user experience of the Marketplace.
• Compliance with Legal Obligations and Law Enforcement Requests: apkheist may need to access, use, or disclose your Developer Content to comply with applicable laws, regulations, legal processes, or valid governmental requests, including those from law enforcement agencies.
• Ensuring Technical Compatibility and Security Integrity: This permits apkheist to make technical adjustments or formatting changes to your Developer Content to ensure compatibility with various devices, operating systems, and network environments, and to conduct security scans or take measures necessary to protect the integrity and security of the Marketplace and its users.

You hereby grant apkheist a non-exclusive, worldwide, royalty-free, fully paid-up, and revocable license to use your company name, trade names, trademarks, service marks, logos, and any visual representations or screenshots of your Developer Content (including, but not limited to, App icons, in-App screenshots, and promotional images) solely for the purpose of marketing, promoting, and showcasing your App and the Marketplace itself, through any apkheist -owned or apkheist -partnered channels, including the Marketplace website, marketing materials, social media, and press releases.

By submitting Developer Content to the Marketplace, you explicitly represent and warrant to apkheist that: You possess all necessary rights, licenses, consents, and permissions to grant the license described above to apkheist. You affirm that your submission of Developer Content and the granting of this license do not violate any agreements with third parties.

The Developer Content, and its use by apkheist as permitted under these Publishing Centre Terms, does not and will not infringe upon, misappropriate, or violate any intellectual property rights (including patent, copyright, trademark, trade secret), privacy rights, publicity rights, contractual rights, or any other rights of any third party.

The Developer Content fully complies with all applicable laws, regulations, and industry standards in all relevant jurisdictions. Furthermore, you warrant that the Developer Content does not contain any viruses, worms, Trojan horses, spyware, adware, backdoors, time bombs, cancelbots, corrupted files, or any other malicious code, harmful components, or technologically harmful material that could damage, disable, or impair the Marketplace or any user's device or data.

The Developer Content performs precisely as described in its accompanying documentation, metadata, and promotional materials provided to apkheist. You guarantee that the Developer Content does not misrepresent its functionality, purpose, or features, and that all claims made about it are truthful and verifiable.

You acknowledge and agree that you are solely and exclusively responsible for the ongoing maintenance, timely updates, and technical support for your Developer Content you submit to the Marketplace. This includes providing bug fixes, security patches, new features, and compatibility updates as necessary. apkheist assumes no obligation whatsoever to provide any support, maintenance, or updates for any third-party App listed on the Marketplace. Any issues, defects, or user queries related to your App are your direct responsibility to address. apkheist merely provides the platform for distribution and disclaims all liability for the functionality, support, or maintenance of your Developer Content.

4.6. Intellectual property rights

All intellectual property rights, title, and interest in and to the Marketplace itself, including but not limited to its underlying software, visual interfaces, graphic design, compilation of content, algorithms, databases, underlying code, methods, and any related documentation, are and shall remain the exclusive property of apkheist or its licensors. This protection extends to all enhancements, derivatives, and modifications made to the Marketplace. Except as expressly and explicitly provided in these Publishing Centre Terms, such as the limited license granted to you for accessing and using the Marketplace in accordance with these Publishing Centre Terms, nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of apkheist’s intellectual property. You agree not to copy, modify, distribute, sell, or lease any part of our intellectual property, nor may you reverse engineer or attempt to extract the source code of the Marketplace, unless laws prohibit these restrictions or you have our explicit written permission. Any unauthorized use of apkheist’s intellectual property is strictly prohibited and may result in legal action.

The Marketplace may display various trademarks, logos, service marks, company names, product names, and other proprietary designations that are not owned by apkheist. All such third-party intellectual property is the exclusive property of their respective owners. Your use of the Marketplace does not grant you any right or license to use any third-party trademarks, logos, or service marks without the prior written consent of the respective owners. You acknowledge and agree to respect the intellectual property rights of all third parties whose content or marks appear on the Marketplace.

We highly value your insights and strive to continuously improve the Marketplace. If you choose to submit any suggestions, comments, ideas, improvements, enhancement requests, recommendations, bug reports, or other feedback regarding the Marketplace or its features (collectively, " Feedback "), you hereby grant apkheist a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Feedback in any form, media, or technology, whether now known or hereafter developed, for any purpose, including for the development, improvement, and marketing of the Marketplace and other apkheist products and services. This license is granted without any obligation for compensation or attribution to you. You understand that apkheist is not obligated to use your Feedback but may do so freely and without restriction.

4.7. Prohibited conduct and content

You are expressly prohibited from, directly or indirectly, engaging in any of the following activities in connection with your use of the Marketplace or your submission of Developer Content. Any such actions are considered a material breach of these Publishing Centre Terms and may result in immediate termination of your access and other legal remedies: a) Using the Marketplace in any manner that violates or encourages the violation of any applicable local, national, or international law, statute, ordinance, regulation, treaty, or governmental order. This includes, but is not limited to, laws related to privacy, data protection (e.g., GDPR), consumer rights, export control, intellectual property, fraud, anti-money laundering, or anti-terrorism.

b) Uploading, submitting, transmitting, or distributing any Developer Content that infringes upon, misappropriates, or violates the intellectual property rights (including copyrights, patents, trademarks, and trade secrets), privacy rights, publicity rights, contractual rights, or any other proprietary or legal rights of any third party. This also includes content that is defamatory, obscene, pornographic, abusive, harassing, threatening, hateful, discriminatory, or otherwise objectionable, as determined by apkheist in its sole discretion.

c) Misrepresenting your identity, affiliation with any person or entity, or the origin of any Developer Content. This includes impersonating any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity, or using false headers or otherwise manipulating identifiers to disguise the origin of any Developer Content transmitted through the Marketplace.

d) Attempting to interfere with, disrupt, disable, overburden, or compromise the proper working, security, integrity, or availability of the Marketplace or its underlying infrastructure, networks, or connected systems. This includes, but is not limited to, introducing viruses, worms, defects, Trojan horses, or any other malicious code or technologically harmful material, or attempting to gain unauthorized access to any part of the Marketplace, other user accounts, or computer systems or networks connected to the Marketplace.

e) When uploading or otherwise making available any Software and Developer Content on the Marketplace, you commit to ensuring that your software and content does not fall into, and is not included within, any of the prohibited or restricted categories. These categories include, but are not limited to: (i) adult or sexually explicit content; (ii) gambling or betting applications; (iii) applications promoting violence, discrimination, or hate speech, malware, spyware: (iv) applications violating security policies¸ (v) applications facilitating unauthorized access to copyrighted materials; (vi) cryptomining or cryptocurrency speculation tools; (vii) health-related tools that provide diagnostic, therapeutic, or medical advice without regulatory approval.

f) Using any robot, spider, scraper, or other automated means or interface not provided or authorized by apkheist to access the Marketplace, extract data, or collect information from the Marketplace without apkheist’s explicit prior written permission. This also prohibits the use of automated systems to send more request messages to the Marketplace servers in a given period than a human can reasonably produce in the same period by using a conventional web browser.

6apkheist takes violations of this section very seriously. We reserve the right, but are not obligated, to investigate any suspected violations of these Publishing Centre Terms. Such investigations may involve cooperating with law enforcement authorities and third parties in the investigation and prosecution of illegal activities. apkheist may take any action it deems appropriate, in its sole discretion, including but not limited to: (i) Removing or disabling access to any prohibited content; (ii) suspending or terminating your access to the Marketplace without prior notice; (iii) Reporting your conduct to law enforcement authorities; (iv) Pursuing civil remedies, including injunctions and damages, to the fullest extent permitted by law. You agree to cooperate fully with apkheist in any such investigation.

4.8. Content review, moderation and takedown procedures

apkheist operates the Marketplace as a platform for third-party developers, and as such, we do not undertake to pre-screen, pre-approve, or actively monitor all Developer Content submitted to or made available on the Marketplace. However, apkheist explicitly reserves the right, in its sole and absolute discretion, to review, refuse to post, remove, or restrict access to any Developer Content or App that we deem to be in violation of these Publishing Centre Terms, harmful, illegal, offensive, inaccurate, or otherwise inappropriate for the Marketplace. This includes content that may infringe on intellectual property rights, violate privacy, or pose a security risk to our users or infrastructure. Our decision to remove or restrict access to content is final and does not create any liability for apkheist.

If you, as a user or a third party, believe that any content or App available on the Marketplace infringes upon your rights (including intellectual property rights) or violates any applicable law, regulation, or these Publishing Centre Terms, we encourage you to report it to us promptly. You may submit a takedown request via our dedicated online reporting form (if available) or by emailing us directly at legal@apkheist.com. Your request must include detailed information and supporting documentation to enable us to investigate effectively. This includes:

• Your contact information (name, organization, email, phone number).
• A clear and precise description of the content or App you believe is infringing or violating the terms.
• The specific URL(s) or location(s) of the objectionable content on the Marketplace.
• A detailed explanation of why you believe the content infringes your rights or violates the law, including specific legal bases if applicable.
• Any relevant supporting evidence or documentation.

apkheist will review valid and sufficiently detailed reports in a timely manner.

If you are a copyright holder and believe that your rights have been infringed by content available on the Marketplace, you may submit a notice under the Digital Millennium Copyright Act (DMCA) or equivalent European legislation. apkheist will review and respond in accordance with applicable legal standards.

In the event of a mistaken removal, apkheist may, but is not obligated to, restore access to Developer Content if the affected party provides sufficient evidence of compliance.

4.9. Disclaimer of warranties

You explicitly understand and agree that the Marketplace, along with all associated services, content, Apps provided through it, are offered on an " as is " and " as available " basis. This means that apkheist provides the Marketplace with all faults and without any guarantees. apkheist makes no warranties of any kind, whether express, implied, or statutory, regarding the operation, availability, or content of the Marketplace. This comprehensive disclaimer applies to the fullest extent permissible by applicable law.

apkheist expressly disclaims all implied warranties, including without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy, completeness, reliability, or accuracy of any information, content, or apps available on the marketplace.

apkheist makes no warranty that: a) The Marketplace will be secure or error-free, or that any defects or errors will be corrected. While apkheist strives for a secure and functional environment, it cannot guarantee absolute security or uninterrupted, error-free operation. Although all Apps undergo automated security scanning by trusted vendors to detect viruses, trojans or other malicious content, apkheist does not warrant or assume any responsibility for the content or performance of the Applications; b) any App will meet your specific expectations or requirements. As stated, apkheist does not develop or endorse third-party Apps, and therefore cannot guarantee their performance, quality, or suitability; c) the Marketplace will be available without interruption, timely, or free from viruses or other harmful components. The availability of the Marketplace is subject to various factors, including internet connectivity, server maintenance, and unforeseen technical issues.

4.10. Limitation of liability

To the maximum extent permitted by applicable law, in no event shall apkheist, its affiliates, directors, officers, employees, agents, licensors, or suppliers be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your access to, use of, or inability to use the Marketplace or any App obtained from it. This includes, but is not limited to, damages for loss of profits, revenue, data, goodwill, business interruption, computer failure or malfunction, or the cost of procuring substitute goods or services, regardless of the legal theory (contract, tort, strict liability, or otherwise).

apkheist will not be held liable for any interruptions to such services, delays, errors, malfunctions and, in general, any other problems that originate from causes beyond the reasonable control of apkheist, and/or due to wilful misconduct or fault of users and/or due to Force Majeure. Force Majeure is understood to include all those events beyond the reasonable control of apkheist, such as failures of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions by public authorities, those produced as a result of natural disasters, power outages, and the attack by hackers or other third parties to the security or integrity of the system. In any case, whatever their cause to the extent permitted by the applicable law, apkheist shall have no liability whatsoever for any direct or indirect damages, consequential damages and/or loss of profits.

To the extent permitted by the applicable law, apkheist excludes all liability for damages of any kind that may result from the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, stored, made available or received, obtained or accessed through the Marketplace, nor for the content provided or offered by third parties or entities.

apkheist is not responsible for the content or information collected in the Marketplace, nor for the users’ contributions or for those opinions, comments, insights or other communications that are not issued directly by apkheist. Despite the above, it is forbidden to send comments containing personal data of your own or of third parties, as well as comments containing any illegal content. apkheist undertakes to comply with the security legal obligations and to adopt all security measures that are mandatory under applicable law. However, apkheist cannot and does not warrant that internet transmissions are completely private or secure, that any information may not be read or intercepted by others, or that there will not be any viruses, other harmful elements in the content that may cause alterations in the computer systems as well as in documents or other systems stored therein. Correlatively apkheist cannot accept any liability deriving therefrom.

Notwithstanding anything to the contrary contained herein and to the maximum extent permitted by law, apkheist’s total cumulative liability to you or any third party for any and all claims, damages, losses, or expenses arising under or in connection with these Publishing Centre Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed one hundred Euros (€100). This limitation represents the maximum financial exposure of apkheist for any and all claims related to these Publishing Centre Terms or your use of the Marketplace.

This limitation of liability shall apply even if apkheist has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose. You acknowledge that this limitation is a fundamental element of the bargain between you and apkheist and that the Marketplace would not be provided to you without such limitations.

4.11. Indemnification

You agree to defend, indemnify, and hold harmless apkheist, its parent companies, subsidiaries, affiliates, as well as their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the " Indemnified Parties ") from and against any and all claims, demands, actions, suits, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with any third-party claim relating to: Any use of the Marketplace by you or anyone using your account credentials, including any activities performed through the Marketplace that cause harm or liability to apkheist or third parties.

Any Developer Content you submit, upload, or make available through the Marketplace, including claims of infringement of intellectual property rights, privacy rights, publicity rights, or any other proprietary rights of any person or entity, or claims that your Developer Content is defamatory, offensive, or illegal.

Your failure to comply with any applicable local, national, or international laws, regulations, governmental orders, or industry standards, including those related to data privacy, consumer protection, export control, or cybersecurity.

Any breach by you of these Publishing Centre Terms, including any representation or warranty made by you herein.

This indemnification obligation will survive the termination of these Publishing Centre Terms and your use of the Marketplace. apkheist reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with apkheist’s defense of such claim.

4.12. Termination

apkheist reserves the absolute right to immediately suspend or terminate your access to the Marketplace, or any part thereof, at any time and for any reason, with or without prior notice. Such reasons may include, but are not limited to, your violation of any provision of these Publishing Centre Terms, engagement in fraudulent or illegal activities, requests by law enforcement or other government agencies, unexpected technical issues or problems, extended periods of inactivity, or any other conduct that apkheist, in its sole discretion, deems harmful to the Marketplace, other users, or third parties.

Upon any suspension or termination of your access, all rights granted to you under these Publishing Centre Terms will cease immediately. apkheist may, but is not obligated to, take immediate steps to delete or restrict access to all associated data, content, or Developer Content linked to your account, including any Apps you have submitted. apkheist will not be liable to you or any third party for any damages resulting from the termination of your access or the deletion of your data. It is your responsibility to maintain backups of your Developer Content.

Despite any termination of your access to the Marketplace or these Publishing Centre Terms, all provisions that by their nature are intended to survive termination will remain in full force and effect.

5.- General miscellaneous provisions

(This section applies to all interactions and services under these Terms)

These Terms are governed by and construed in accordance with the laws of Spain. Any disputes shall be subject to the competent courts of Barcelona, Spain, unless mandatory consumer protection laws dictate otherwise.

The failure of apkheist to enforce any provision of these Terms shall not be deemed a waiver of future enforcement.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

apkheist shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or Internet outages.

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from apkheist. Any attempted assignment in violation of this section shall be null and void.

These Terms constitute the entire agreement between you and apkheist with respect to the subject matter hereof and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and apkheist. Neither party has any authority to bind the other in any respect.

The headings in these Terms are for convenience only and shall not affect their interpretation.

The original text of these Terms is in English. Any translation is provided for convenience only, and in the event of a conflict between the English version and any translated version, the English version shall prevail.

You consent to receive communications from apkheist electronically, and you agree that all agreements, notices, disclosures, and other communications that apkheist provides to you electronically satisfy any legal requirement that such communications be in writing.

For any questions regarding these Terms, please contact apkheist at: apkheist International, S.A. Carrer de Roc Boronat 117 08018 Barcelona, Spain. Email: legal@apkheist.com