INDUS APPSTORE DEVELOPER TERMS & CONDITIONS
Last updated: 22-Sep-23
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Please read these Indus Appstore Developer Terms and Conditions (“Terms” as further described hereinafter) carefully before registering, accessing or using the Indus Developer Services (as defined hereinafter). These Terms constitute a legally binding agreement between OSLabs Technology (India) Private Limited (“OSLabs”/ “We”), incorporated under Companies Act, 2013, having its registered office at Office-2, Floor 4,5,6,7, Wing A, Block A, Salarpuria Softzone, Service Road, Green Glen Layout, Bellandur, Bangalore Karnataka 560103 India and a person (individual or an entity) (hereinafter referred to as “Developer”/ “You”/ “Your”/ “Yourself”) that governs the use of Indus Developer Services by the Developer with respect to Products (defined hereinafter). You acknowledge that OSLabs will, solely at Your direction, provide Indus Developer Services. In order to use OSLabs to distribute Products, You accept the Terms and will provide and maintain complete and accurate information in the Developer Platform.
II. CREATING YOUR DEVELOPER ACCOUNT & AUTHORITY
To use the Indus Developer Services, You must create an account on the Developer Platform and provide all information and/or documents as may be required by OSLabs via the Developer Platform (“Developer Account”).
If You are acting as an agent or employee or authorized signatory of any entity or the Developer to read, consent, acknowledge, and accept the Terms, then You represent and warrant that You have full and valid legal authority (in writing) to bind Your principal, employer, or the person who has authorized You to accept the Terms. If You do not have the requisite authority, You shall not accept the Terms on behalf of Your employer or any other entity.
In consideration of the provision of Indus Developer Services, OSLabs shall have the right to levy upon You fees and other charges. Any such fees and/or charges shall be made applicable after providing a prior notification via the Developer Platform. The associated payment terms, manner of payment and any additional terms with respect to such payment shall be notified to You via the Developer Platform.
IV. YOUR USE OF INDUS DEVELOPER SERVICES
Authorisations: (i) Grant of License from Developer: You hereby provide and grant OSLabs a non-exclusive, worldwide and royalty-free license to reproduce, perform, display, analyse, distribute and use Your Product for the purpose of: (ii) Testing and/or reviewing Your Product to ensure compliance with compatibility and security requirements under the Indus Developer Policies. You hereby authorise OSLabs to sub-license Your Product to third parties solely in connection with such testing and review; (iii) Publishing and making available Your Product on Your behalf for viewing, downloading by Users and analysing the performance of the Product(s); (iv) Operation and marketing of Indus Appstore and Devices which support the use of Products, displaying the Product on the Indus Appstore and demonstrating that the Product is available for End Users on the Indus Appstore; (v) Displaying Your Brand Marks, submitted by You to OSLabs, for use within Indus Appstore solely in respect of marketing the presence and distribution of Your Product through the Indus Appstore; (vi) Displaying Your Brand Marks, submitted by You to OSLabs, for use in any publication, and/or press release solely to feature You as a developer on the Indus Appstore; (vii) Displaying visuals, videos, other media from Your Products or Brand Marks, submitted by You to OSLabs, within any application or platform owned and operated by OSLabs or its affiliates, in advertisements, presentations, customer lists, etc solely in respect of marketing the presence and distribution of Your Product through the Indus Appstore; and (viii) Improving the Indus Appstore and Indus Developer Services.
Grant of License to End Users: You grant to the End User a non-exclusive, worldwide, and perpetual license to display and use the Product on the Device, subject to the Terms. You may authorise the End Users separately the manner in which they can use the Product and enter into a separate End User License Agreement or similar documentation (“EULA”) with You, but to the extent such EULA conflicts with the Terms, the Terms shall supersede. You acknowledge that the EULA for each Product governs only the relationship between You and the End User. OSLabs will not have any liability under any EULA.
Grant of License to You: As long as You comply with the Terms, OSLabs grants You a personal, non-exclusive, non-transferable, limited right avail the Indus Developer Services and use the OSLabs Brand Marks, subject to a prior permission (in writing) from OSLabs, during the Tenure solely for marketing purpose in connection with the Indus Appstore and only in accordance with OSLabs brand guidelines (as may be notified/provided by OSLabs, from time to time).
Each Party shall own Intellectual Property Rights in and to its own materials. Except to the limited extent expressly provided in the Terms, neither party grants, nor will the other party gain or acquire any right, title, or interest (including, without limitation, any implied license) in or to any Intellectual Property Rights of the other party and/or Product(s).
Reservation of rights by OSLabs: (i) With respect to the provision of Indus Developer Services, it is agreed that OSLabs shall have the right to display/place the Product(s) on the Indus Appstore in such manner as may be determined by OSLabs at its sole discretion. (ii) Upon the submission of Product through Indus Developer Services, OSLabs may (at its sole discretion) test/verify such Product(s) against its internal guidelines as per its procedure(s). In the event, any errors or bugs or other issues are identified, OSLabs shall inform You in writing (via email or Developer Platform or such other mode as may be enabled by OSLabs) with a description of the error/issue/bug. Until such error/bug/issue is resolved, to the satisfaction of OSLabs, OSLabs shall not provide Indus Developer Services with respect to such Product(s). OSLabs may remove Your Product as provided under the section VIII of the Terms (Term, Termination and the Product Takedown).
It is further clarified that while OSLabs has a right to review Your Product before distribution or publication thereof on Indus Appstore but the same shall not be construed as an obligation on OSLabs and shall not release You from any liability with respect to Your Product. It shall be the responsibility of the Developer to review/test the Product(s) to ensure that, at all times, the Product(s) is in compliance with Applicable Laws, Indus Developer Policies, industry standards and good practices.
Developer’s Obligations, Representations, Covenants and Warranties:
You acknowledge that OSLabs will place reliance on Your representations, warranties and obligations stated herein and shall not be responsible to verify Your authority in any manner and shall not be liable to any third party including Your principal or employer, etc. in case You are in breach of Your representations, warranties and obligations set out above. You are reminded that, if You do not have adequate legal authority in writing, You must not accept the Terms or submit, provide, or publish any Products, content, or mobile apps on the Indus Appstore. During Your use of Indus Appstore, You represent and warrant that You shall adhere to the Terms and comply with the Indus Developer Policies You represent and warrant that You are the owner of or hold the valid legal license of all the Intellectual Property Rights in the Your Products, content, and Brand Marks submitted, uploaded, and/or distributed on the Indus Appstore. You shall ensure that, at all times during the Tenure of the Terms, the rights of the End User(s) are protected.
Indus Developer Policies: You shall ensure, at all times, that the Product(s) are in compliance with Indus Developer Policies (as may be displayed/made available on the Developer Platform) and all such other policies that may be otherwise communicated to You by OSLabs.
Maintenance and Support: You will be solely responsible for delivery, maintenance, service, and support of Your Products to End Users, and OSLabs will have no responsibility to undertake or handle the same for You or the End Users. You agree to supply and maintain valid and accurate contact information that will be displayed in each of Your Products’ detail page and made available to End Users for customer support and as required under Applicable Laws.
Security: You or Your Product will not interfere with, disrupt, damage, or access in an unauthorized manner the Devices, servers, networks, or other properties or services of any third party including, but not limited to, OSLabs or any of its partners. If Your Product stores personal or sensitive information provided by End Users, You agree to do so securely and only for as long as it is required as per Applicable Laws.
Restrictions: (i) You may not use User information obtained via Indus Developer Services or the Indus Appstore to sell or distribute Products outside of Indus Appstore; and (ii) You will not engage in any activity with Indus Appstore, including making Your Products available through the Indus Appstore, in a manner that interferes with, disrupts, damages, or accesses (in an unauthorized manner) the Devices, servers, networks, or other properties or services of OSLabs or any third party.
It is hereby agreed that any User information shall be solely owned by OSLabs. Further, any End User data that is collected during the usage of Product(s) at Your end shall be owned solely by You.
Both parties to the Terms shall keep confidential and shall not disclose to any third party any Confidential Information including and relating to its business partners, Users/End Users, and Indus Appstore and/or Indus Developer Services without the prior written consent of the disclosing party unless any disclosure is required by Applicable Laws.
VI. RATINGS AND REVIEWS
OSLabs allows its End Users to rate and review Your Product. Only End Users who download Your Product will be able to rate and review it on Indus Appstore. Your Products may be subject to user ratings and reviews to which You may not agree. It is not permissible for You to delete any such reviews or ratings. If you have concerns regarding such ratings and reviews, you may report it via the support section on the Developer Platform.
Any promotions shall be conducted on such additional terms, as may be agreed between the Parties from time to time and shall be in compliance with Applicable Laws.
VIII. TERM, TERMINATION AND PRODUCT TAKEDOWNS
The Terms are effective until terminated by either OSLabs or the Developer (“Tenure”).
In the event OSLabs breaches any of its material obligations set out under the Terms and fails to cure those within thirty (30) days of receipt of notice by You in this regard, Your sole remedy shall be to terminate the engagement that has been entered into pursuant to the Terms. Further, You shall also have the right to terminate the engagement under the Terms, without assigning any reason whatsoever, via the support section on the Developer Platform.
OSLabs shall have the right to suspend or terminate the engagement under the Terms or remove your Product(s)/android based mobile application from the Indus Appstore without any prior notice in the below scenarios: (i) You have breached or the Indus Developer Policies or any other applicable policies to the Indus Appstore; (ii) You have been declared insolvent or have entered into any settlement with Your creditors; (iii) You have breached any Applicable Laws within the laws of the territory in which the Users reside or the laws of the territory in which Indus Appstore operates; and/or (iv) In case of Developer’s change of control.
OSLabs shall have the right to terminate the engagement under the Terms and subsequently remove Your Product(s)/android based mobile application from the Indus Appstore, as provided in the Indus Developer Policies.
Product Takedown/Removal (i) By Developer: You may remove Your Product(s) with respect to availing of Indus Developer Services via Indus Appstore at any time by following the process laid down in the Terms or on the Developer Platform. However, You shall comply with the Terms for any Product distributed through the Indus Appstore prior to any deletion/removal/discontinuation (whether initiated by You or OSLabs). You agree and acknowledge that the removing Your Product from future distribution via Indus Appstore shall not: • Affect the license rights of Your End Users who have previously made any in-app purchases within the Product(s) or have only downloaded the Product(s); • Remove Your Product(s) from Devices where they might have been downloaded before removal from the Indus Appstore; • Remove Your Product(s) from any part of the Indus Appstore where they were published before such removal; and • Change Your obligation to deliver or support Product(s) that have been previously downloaded or the End User(s) has made in-app purchases within the Product(s).
(ii) By OSLabs: While OSLabs does not undertake any obligation to monitor the Products, however OSLabs may at its sole discretion determine and may (a) reclassify your Product(s) on Indus Appstore (b) limit the visibility of your Product(s) (c) remove, reject or suspend Your Product(s) from Indus Appstore and/or Your access to Your Developer Account; (d) bar You from Indus Appstore and/or Indus Developer Services; and/or (e) immediately terminate the provision of Indus Developer Services, at its sole discretion in the below scenarios: If OSLabs is notified by You, by any User or any third-party or it otherwise becomes aware that: (a) Your Product(s) violate the Terms, or Indus Developer Policies; (b) Your Product is defective, incompatible, malicious or poses any security threats to End User or their Devices; (c) any allegation, claim or adjudication that Your Product defames or violates any third party rights or breaches any Applicable Laws; (d) Your Product pose a potential risk for economic, reputational, or security-related harm to OSLabs, Users, or other third-party partners; and/or (e) any notice, instructions or order received from a statutory authority or a judicial/quasi-judicial body.
Notwithstanding the foregoing, in no event, will OSLabs maintain any portion of the Product(s) on the Indus Appstore that You have removed from Indus Appstore and provided written notice to OSLabs stating that such removal was due to: (i) An allegation or determination of infringement of Intellectual Property Rights and/or breach of Applicable Laws; (ii) An allegation of defamation or actual defamation; (iii) An allegation of violation, or actual violation, of any third party’s right of publicity or privacy; or (iv) An allegation or determination that such Product does not comply with Applicable Laws.
IX. ERROR & INCIDENT REPORTING
OSLabs may, at its sole discretion, provide You with app crash data (“Error Reporting Data“). In the event the above information is disclosed to You, the same shall be considered as Confidential Information and be subject to all obligations that apply to it. If the shared Error Reporting Data contains any sensitive personal data or information, You agree to not disclose it to a third party, delete the information immediately upon its receipt, and only retain such information that is permissible as per Applicable Laws. On the occurrence of any event that violates the Terms, You are obligated to inform OSLabs of such occurrence as soon as possible. You also agree to reasonably cooperate with us, including by informing us in reasonable detail of the impact of an incident upon Indus Appstore and its contents, if any. For any queries regarding Error Reporting Data, You can connect with Indus Appstore’s support team via the support section on the Developer Platform.
OSLabs may amend the Terms at any time by posting an updated version through Developer Platform and/or on the OSLabs website. The Terms will not be amended retroactively. You will be given a prior notice, and the updated version will be effective after such notice period, except in urgent situations such as preventing abuse, responding to legal/regulatory requirements, or addressing security and operability issues in which case the revised/updated version shall be applicable immediately (“Notice Period”). Your continued use of Indus Developer Services following the Notice Period constitutes your acceptance of the revised Terms. If you do not agree with such changes, You may terminate Your use of Indus Developer Services and Indus Appstore, which will be Your sole and exclusive remedy.
By using Indus Developer Services, you agree, to the extent permitted by law, to indemnify and hold OSLabs, its directors, officers, employees, shareholders, affiliates, agents, contractors, business partners, and licensors harmless with respect to any third party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of Your Products’ or Your breach of the (a) Terms, or any representations or warranties made by you herein, or (b) breach by You of any Applicable Laws, or (c) your breach of Your EULA with End Users, or (d) any third party rights, including any intellectual property rights, or other improper, unauthorized or unlawful use of Indus Developer Services or the Indus Appstore or any other services provided by OSLabs.
XIII. LIMITATION OF LIABILITY
To the maximum extent permitted under Applicable Laws, You understand and agree that OSLabs will not be liable for any indirect, consequential, incidental, special, consequential, exemplary or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Indus Developer Services and the Indus Appstore or any other services provided by OSLabs, however caused and whether arising in contract, tort, negligence, warranty or otherwise. In any case, You hereby agreed that OSLabs’s aggregate and cumulative liability pursuant to the Terms shall not exceed the amount paid by You for using the Indus Developer Services and the Indus Appstore giving rise to the cause of action or Rupees One Hundred (Rs. 100), whichever is less.
XIV. EXPORT CONTROL
You hereby represent and warrant that You shall comply with all applicable laws and regulations regarding export controls and economic sanctions of the United Nations, the United States of America, the European Union, and other countries. You undertake not to upload, synchronize, or transmit any software, technical data, and/or other materials that are subject to the U.S. Export Administration Regulations (EAR) to the Indus Appstore/Developer Platform (or in any manner, pursuant to the Terms). OSLabs and its sub-contractors/partners shall not be liable for any losses or penalties that You may incur or suffer in connection with the Your breach of this section and any relevant export control laws and regulations.
XV. GENERAL LEGAL TERMS