Terms Of Service

By checking on the box "I agree to the Mobango Developers terms of service", you agree to be bound by the Mobango Developers Terms of Service (DTOS) of Mobango.com / Mobango App (“Mobango Site”) i.e. properties owned, developed, maintained by Mobango Ltd ("Mobango") and you declare that you have all rights to enter into this agreement personally or if you have named a company as developer, on behalf of that company and to bind the developer to this agreement.

1. GENERAL

Developer: means all individuals, companies and organization developing, uploading, publishing or distributing Developer Content on Mobango Site. Developer Content means Applications and/ or Games uploaded by the Developer. This is a legal agreement between Developer and Mobango for the services described in these Developers Terms of Services (DTOS). By accepting this DTOS, you hereby confirm that you have right, authority or license to upload the Developer Content and you are also agreeing to our general Terms of Use and Privacy Policy. This DTOS is a part of our general Terms of Use. To the extent any term of this DTOS is inconsistent or conflicts with any term of the (1) general Terms of Use, this DTOS will control with respect to the subject matter of this DTOS or (2) Privacy Policy, the Privacy Policy will control. Capitalized terms used in this DTOS but not defined in this DTOS have the meanings given to them in the general Terms of Use.

2. DISTRIBUTION OF YOUR APPLICATIONS AND GAMES

Developer hereby grants to Mobango a nonexclusive, worldwide, perpetual, and irrevocable (except as specified below) license to distribute Developer Content through the Mobango service or sites or services of our clients, advertising, associates and distribution partners and Mobango shall have a right to sub-license to its affiliates and distribution partners including but not limited to mobile operators and original equipment manufacturer (OEM). The Developer Content shall be distributed by Mobango with its affiliates and distribution partners only through API integration. The Developer retains its ownership rights for the Developer Content uploaded on Mobango. The Developer may upload Developer Content to the Mobango Site and activate them for distribution to consumers. When copies are deleted and are no longer available through the Mobango Site or services of our partners, Mobango’s license under this DTOS to that Content will terminate. All management of Developer Content (including uploading and deletion) is subject to the procedures and policies established by Mobango for the Mobango Site, as they may change from time to time, with or without notice. Mobango reserves all rights to remove from the service any application at any moment, with or without notice.

3. PROMOTION AND DISTRIBUTION SERVICES

As part of the Mobango Services, we may provide access to our online Promotion services (Mobango Promote, PPD: pay per Promoted Download) through the Mobango Site. PPD program is a tool which allows you to promote Developer Content that you have uploaded on Mobango. PPD allows you to generate targeted downloads (per Country) of your applications by paying a price equal to or minor than your bid per each download of your content made by Mobango users. Bids are evaluated based on certain factors including, but not limited to, the amount you specify for the bid, the performance of your item, other advertisers’ bids. To participate in the PPD program you must register as a Developer on Mobango.

When you create a campaign, your content will be displayed on Mobango web site. The higher is your bid with respect to other advertisers, as well as its popularity, the higher will be the advertising position.

The highest positions are displayed in sponsored items space on the Mobango site. The number of total positions available and their placement may vary on our sole discretion.

4. CAMPAIGNS

A campaign is created when you select an item to promote, set a maximum bid per download, set a maximum daily budget, set a start and end dates and define targeting (publish on web, WAP or both; set if you want your item to be shown worldwide or only in specific regions and select if you want your item to be shown for all compatible handsets or specific model. A campaign is active when it is created and your account is funded. A campaign is accepted if it was displayed at least once in one of the available advertising positions. A campaign is inactive:

• If your funds are exhausted

• When the end date you set has expired

• If you decide to suspend your campaign

• Upon our sole discretion

We may also promote your product on other sites within any page of Mobango sites or our partner sites, with placement and frequency that we determine in our sole discretion.

You will only pay for the downloads Mobango generates for your application on the country, handset, channel you select. The amount per download will be deducted from your our Mobango account as more specifically mentioned in clause 6 below.

Online analytics are available for all active campaigns and developers using the Mobango Promote program.

5. DEFINITION OF DOWNLOAD

Each Unique Initiated Download (UID) from the mobile or and from the app . A UID is the action of a user starting to download an item. If the download fails and the user clicks again, our system recognizes it and we guarantee that your account will be not charged more than once.

6. ACCOUNT AND CHARGING

In order for a campaign to be active you should have added funds to your account. No minimum amount is required. Funds can be added to your account only through PayPal account. Transactions with PayPal are ensured by Web Payments Pro, a service of PayPal, Inc. Therefore if you have added payment to Paypal account through your credit card/Net banking/ Debit, the credit/debit card data or the bank account user name or password will NOT be stored on Mobango’s database and will NOT be retained by Mobango Ltd. For further information regarding PayPal’s services please refer to Paypal Terms and Conditions. Once your account has been funded, the residual amount cannot be refunded. Before adding funds, you should have also entered your data which include, but may be not limited to, your name or company name, your address and an email address for notifications. We charge your account for each download originated by users clicking on items displayed in the advertising positions. Your account will be charged ONLY for incremental downloads originated by users clicking on your item from the advertising spaces (within the Featured Items box or Highlights column) on web or mobile site. Downloads from the normal listing will NOT be charged. If the same user, for any reason, downloads the file more the one time, your account will be charged only for 1 download. E.g.: if the same user, for any reason, downloads your promoted item many times, all downloads after the first one will not be charged. Our tracking software will maintain the official, definitive measurement of your Item performance, and no other measurements (including yours) will be accepted or have any bearing on your obligations under the MP program.

7. TERMINATION

This DTOS and the licenses granted above are effective on the date Developer checks the box "I Agree to the Mobango Terms of Services" and will continue unless and until this DTOS is terminated by either party pursuant to this section or as specified in this DTOS. We may terminate this DTOS immediately upon notice to Developer if Developer breaches any of the terms of this DTOS or any other terms referenced in this DTOS. Developer may terminate this DTOS at any time, with or without cause, by sending either an email to support@mobango.com with Developer's name and the subject "TERMINATION OF DEVELOPERS DTOS". Upon termination, all existing ad campaigns will be deemed cancelled as provided above, and the licenses granted above will terminate.

8. MOBANGO'S DISCLAIMER OF WARRANTIES

The developer agrees expressly that: The utilization of the Service is at his\her sole discretion. The Service is provided "AS IS" and "AS AVAILABLE", without any warranty of any kind. Therefore Mobango cannot be held responsible in relation to the fruition and availability of the Service. Mobango expressly disclaims all warranties of any kind.

We may also promote your product on other sites within any page of Mobango sites or our partner sites, with placement and frequency that we determine on our sole discretion.

You will only pay for the downloads Mobango generates for your application on the country, handset, channel you select.

Online analytics are available for all active campaigns and developers using the Mobango Promote program.

MOBANGO services are provided without any implicit or explicit warranty. MOBANGO cannot be held responsible of any harm coming from the inability to access or use of the service, or the loss of the files uploaded by the users. It is responsibility of the Users to keep a copy of the Content uploaded on MOBANGO. MOBANGO declines any responsibility for any harm coming from the inability to access the Service, viruses, damaged files, errors, interruption of the Service, network problems, non authorized access, modification of data. MOBANGO reserves the right to modify the Service at any time, even without notice.

9. INDEMNITY

In the event of legal action brought on by third parties in relation to Developer Content submitted, posted, published or otherwise made available through the Service, and/or in relation to any Developer’s' conduct, and/or in relation to the Developer’s violation of the DTOS or the general Terms of User, and/or of the Developer's violation of the rights of others, you agree to indemnify MOBANGO, and its affiliates, partners, owners, officers, agents, and employees from all claims and demands (including legal fees).

10. DEVELOPER CONDUCT

The Developer has the sole responsibility for any content uploaded, published, or in any other way transmitted or distributed through the Mobango Site/Service. Mobango does not control the content posted or uploaded to its servers by the Developer and, as such, does not guarantee the integrity, the correctness, or quality of such content. Under no circumstances will Mobango be liable in any way for any Developer Content made available through the Mobango Sit/Service.

The Developer agrees not to use the Mobango Site/Service to:

a) Upload, publish, or make available in any other way Content that is unlawful or prohibited;

b) Harm people in any way;

c) Upload, publish, or make available in any other content that the Developer does not have the right to distribute/publish;

d) Upload, publish, or make available in any other way content which infringes any Patent, Law, Trade Secrets, Copyright or other Proprietary Rights;

e) Disturb or interfere with the Mobango Site/Service, the servers or the networks connected to the Service;

f) Violate any Local or International Law or applicable regulations;

g) Collect and store other Mobango Users' personal data without their explicit permission;

h) Upload, publish, or make available in any other way pornographic material, which is strictly prohibited in all areas of Mobango.

Mobango does not filter Content in advance. Nonetheless, Mobango and other entities designated by Mobango reserve the sole right –without assuming any obligation- to refuse or remove any Content accessible through the Mobango Site/Service. The Developer is solely responsible for all the content published/uploaded on Mobango. The publication and uploading of the following types of content is strictly prohibited:

• Content which infringes Any Local or International Copyright law, in particular Pirate Software (WAREZ, CRACK), musical files, applications and games, images and text covered by Copyright laws;

• Content which can offend or harm other people, including expression of hatred, racism, or the discrimination against groups of people, or threatening or insulting;

• Content promoting or providing information for the promotion of illegal activities, or potentially harmful to 3rd parties;

• Content or activities infringing any Local or International Laws.

The Developer recognizes and accepts Mobango’s right to save Content and disclose it to 3rd parties, in order to:

a) Provide an efficient service;

b) Manage the User's account consistently with Mobango operational procedures;

c) Comply with legal requests because MOBANGO believes, in good faith, that it is necessary to: (i) fulfill legal obligations; (ii) defend from 3rd party accusations relating to the infringement of Copyright laws; (iii) to protect Mobango and its Users' rights, property and security.

By uploading files on Mobango, the Developer agrees to respect all the rules of the DTOS. Mobango reserves the right to remove any Developer Content at any moment without prior notice. It is the sole responsibility of the Developer to keep a copy of the Content uploaded on Mobango. Mobango does not assume any responsibility in case of partial or total loss of the Developer Content. Although Mobango is not obliged to pre-screen and screen the files uploaded by Developer, Mobango reserves the right to access any account and any file, without prior notice, in order to verify the Users' compliance with the DTOS. Personal data provided to Mobango remain the Developer’s property. The Developer allows Mobango to use this information for operational and marketing purposes. This information will never be sold or ceded to 3rd parties, unless specifically requested by Law, or unless explicitly agreed to by the Developer. In no way is Mobango responsible for eventual damages deriving from the inaccessibility to personal information, from the loss or alteration of stored materials by other users, or by any other event, including service interruption.

11. APPLICABLE LAW AND JURISDICCTION

These TOS shall be governed by the Law of UK. The Developer and Mobango agree to submit to the jurisdiction of London.

12. VIOLATIONS

Please report any violations to these STOS to us at: legal@mobango.com