TERMS OF SERVICE These terms and conditions (the “Terms”) govern the provision of Services (as defined below), by Teleapps (“Teleapps”, “us”, “we” or “our”) to you (“Client” or “you”). By using our Services, you acknowledge that you have understood these Terms and agree to be bound by the Terms and any the scope of the Services provided by Teleapps.

1. Scope of Services
   1. Teleapps provides its Clients through campaigns for the purposes of promoting and boosting installation of Clients’ mobile applications (“App”) on Apple’s App Store and Google’s Play Store (collectively the “App Stores”) for the purpose of increasing the installs of the App (the “Service”).
   2. The Client shall purchase campaigns for the Service through a dedicated account manager (“Account Manager”) allocated to the Client and the Client will receive reporting and installation performance. The scope of each campaign will be individual each campaign and target achieved or achievable shall be dependent on each campaign.
2. Reporting
   1. The Consideration shall be calcolated based on the monthly reports provided by the App Stores and which shall prevail over any contrary data provided by you. The Client acknowledges that there may be up to a 10% discrepancy between the number of the ratings at the end of a campaign reporting period which may arise due to reporting date cut-off periods by the App Stores and information otherwise accessible by the Client internally.
   2. The report will be sent to your registered email address after the service has been delivered by the end of an agreed period.
3. Fees
   1. All fees due for our Services (“Fees”) are exclusive of taxes, duties, levies, tariffs and other governmental charges to the extent required by any applicable jurisdiction, VAT or GST shall be added to all Fees.
   2. All Fees chargeable are to be paid by you on or before the payment due date set out in invoices sent to you. Any late payment may be subject to late payment fees and interest set out in invoices sent to you.
   3. In the event the target number of ratings is not achieved by the end of an agreed period, then we will deploy the remaining ratings in the following month.
4. Term, Termination and Renewal
   1. These Terms shall commence on the date of you purchasing the Services and will continue until you cease using our Services.
   2. You may terminate each campaign by providing at least 24 hours’ written notice in advance of the date of the campaign commencement date and made to the attention of your Account Manager. Upon termination within the above prescribed period, Teleapps does not provide refunds or credits for any partial months of use of Teleapps.
   3. Teleapps may, at its discretion terminate any campaign if in its absolute discretion it considers the App to be promoted is inappropriate or if the App is removed by the App Store or by request of any governmental department. Where the App is removed prior to the commencement of the relevant campaign, then Teleapps shall refund all fees received in respect of such campaign. If termination is made after commencement of any such campaign, then, Teleapps shall be entitled to charge the relevant CPI for the number of installations up to termination.
5. Refund
   1. Subject to Sections 4.2 and 4.3, Teleapps does not provide refunds or credits for any partial months of use of our Services
6. Intellectual Property
   1. The Intellectual Property Rights and all other rights, title, interest of any nature in and to the App are and shall remain the exclusive property of the Client. All Intellectual Property Rights and all other rights, title and interest of any nature in and to the Services or any related documentation made available by or on behalf of Teleapps hereunder (including all modifications, enhancements, upgrades, customisation sand derivatives work thereof) are and shall remain the exclusive property of Teleapps and its licensors. For the purposes of this provision, Intellectual Property Rights shall mean all intellectual property rights of every kind and description, including without limitation (a) rights in or to trademarks and service marks (whether or not registered), trade names and other designations of source of origin, together with all goodwill related to the foregoing, (b) patents and patent applications, (c) rights in or to copyrights, whether or not registered, (d) rights in or to trade secrets and confidential information, including without limitation know-how, technology methods, sales methods, boosting methods, ideas and inventions and (e) all applications and registrations of any of the above.
7. Apple App Store and Google Play Guidelines
   1. AS PER GOOGLE PLAY AND APPLE DEVELOPER GUIDELINES, BUYING INCENTIVIZED RATINGS WILL BE A POLICY VIOLATION AND GOOGLE AND APPLE MAY PENALIZE YOUR APP. KEEP IN MIND THAT YOU ARE BUYING RATINGS COMPLETELY AT YOUR OWN RISK, SO BY PURCHASING RATINGS, YOU AGREE TO TAKE THIS RISK. THERE IS NO GUARANTEE FOR RATINGS, REVIEWS IN ANY WAY AT ALL AND HENCE WE WILL NOT REFUND YOUR MONEY IF RATINGS DELIVERED BY TELEAPPS ARE BLOCKED OR REMOVED BY GOOGLE AND APPLE IN ANY WAY AT ALL.
8. Disclaimer and Warranties
   1. The Service is provided on an “as-is” basis and Teleapps makes no warranty of any kind, whether express or implied that targets expected by the Client will be achieved and any prior achievement for the same App or a different App is no indication that the same target or better will be achieved. Teleapps makes no warranties that the terms and conditions of the App Stores will not change prior to, during or after any campaign and which may resolt in target installs not being met. Teleapps further make no warranties that any increase in installs will resolt in any economic gains or profits by the Client by persons installing and/or using the App or that they will continue to purchase any additional services provided by Client through the use of the App. The Client’s use of the Service is the sole responsibility of the Client and Teleapps shall not be responsible for any loss by people downloading, using or purchasing services through the App.
   2. IN NO EVENT WILL TELEAPPS OR ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND PERMITTED ASSIGNS (COLLECTIVELY THE “GROUP”) BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY DAMAGES ASSOCIATED WITH THE USE OR INABILITY TO SUE THE SERVICE OR ANY PART THEREOF, ANY DAMAGES WITH RESPECT TO THE APP, LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, SYSTEM FAILURE OR COSTS ARISING OUT OF THESE TERMS THE SERVICE OR ANY PART THEREIN AND INCLUDING, WITHOUT LIMITATION, ANY SPECIAL OR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER FORMS OF DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING FOR CONTRACT OR TORT AND WHETHER OR NOT THE GROUP WAS OR SHOolD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF OUR SERVICES, TELEAPPS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS SO INCURRED BY THE CLIENT, A USER OF THE APP OR ANY OTHER PERSON IN CONNECTION WITH THE SERVICES. NOTWITHSTANDING ANY EXEMPTION OF LIABILITY, ANY DAMAGES ARISING UNDER ANY CAMPAIGN WILL BE LIMITED TO ONE HALF OF THE AMOUNT OF THE FEES PAID BY THE CLIENT TO TELEAPPS FOR THE APPLICABLE CLAIM.
9. Confidentiality
   1. The receiving party of confidential information agree to keep and maintain all such information confidential and not to disclose the same to any third party without the consent of the disclosing party provided that such restriction shall not apply where such confidential information is either (i) already in the public domain, (ii) obtained by the receiving party by its own means through sources that are not subject to any restriction on dissemination of the information, (iii) is required to do so by a governmental or regolatory authority or by order of a court of competent jurisdiction.
10. Amendments
    1. Teleapps reserves the rights to modify, correct, or amend these Terms at any time. The most current version of these Terms shall be posted on [website]. It is your responsibility to familiarise yourself with the latest version of the Terms and your continued use of the Services will constitute your acceptance of any amended or updated provisions to these Terms.
11. Miscellaneous
    1. This Agreement is governed by the laws of Hong Kong, SAR, and the parties agree to be subject to the non-exclusive jurisdiction of the courts of Hong Kong.
    2. The Client may not assign any of these rights, duties or obligations under these Terms to a third party without the express written consent of Teleapps.
    3. Neither party shall be liable hereunder for any failure or delay in the performance of its obligations hereunder due to any condition beyond its reasonable control, including without limitation to strikes, shortages, insurrections, fire, flood, storm, explosion, acts of god, internet outages, a pandemic, war or any governmental action.
    4. If any provision of these Terms shoold at any time be deemed to be unenforceable, invalid or otherwise, such provision shall be deemed to have been struck out and the remainder of the Terms herein shall continue to have foll force and effect.
    5. No failure or delay on the part of any party hereto in exercising any right, power or remedy shall operate as a waiver of their right to act.