Terms And Conditions

Definitions

1. BRAND : The logos , trademarks , service marks, domain names and other unique features which make them distinctive from others in the prevailing market. It also represents the ownership of the party over it from time to time.

2. DESIGNER OR YOU : Any person, company or organisation whether registered or unregistered and has attained approval from the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) to distribute their application on the platform provided by the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) in accordance with the terms stated in the agreement.

3. DESIGNER ACCOUNT : A distributing account issued to Designers that enables the distribution of Application via the Store.

4. DESIGNER DASHBOARD : The Dashboard or other online tool provided by Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) to designers to manage the distribution of Application and related administrative functions.

5. APPLIANCE : Any Appliance that can access the Store, example mobile phones, personal computers, laptops etc. as defined herein.

6. INDIAAPPSTORES : The Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) , a company incorporated as per Companies Act, 2013 ( CIN : U74999MH2017PTC293954 ) having registered address at : Flat No. 1002 , Floor - 10th , Divya gunjan CHSI Gaurav garden, Bunder pakhadi road, Kandivali ( West ), Mumbai, 400067, Maharashtra, India and has the perpetual succession.

7. PAYMENT ACCOUNT : A financial account issued by a Payment gateway to a Designer that authorises the Payment gateway to collect and remit payments on the Designer's behalf for Application sold via the Store. Designers must be approved by a Payment gateway for a Payment Account and maintain their account in good standing to charge for Application distributed in the Store.

8. PAYMENT GATEWAY(S) : As specified and designated in the policies, a party authorized by Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) to provide services that enable Designers with Payment Accounts to charge users for Application distributed via the Store.

9. APPLICATION : Software, content and digital materials distributed via the Store.

10. STORE : The marketplace Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) has created and operates which allows registered Designers in certain countries to distribute Application directly to users of Appliances.

1. INTRODUCTION

1.1 The store is available publicly to all the designers, who wants to distribute applications to be used on appliances. In order to distribute Application on the Store, you must acquire and maintain a valid Designer Account.

1.2 If you want to charge a fee for your Application, you must also acquire and maintain a valid Payment Account from an authorised Payment gateway.

2. AGREEMENT ACCEPTANCE

2.1 This agreement has mandatory legal binding between you and Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) in relation to your use of the Store for distributing Application. The displayed and available application, on the website are solely on your behalf and not on behalf of the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) for the download and purchase by the users. The acceptance of this agreement is mandatory, in order to provide the complete and accurate information on the designer’s dashboard. If you do not accept this agreement, then you are not allowed to publish your application on this website.

2.2 In order to use the store to distribute the application, you are required to be verified as a designer in good standing. This agreement will be terminated automatically in following cases:

(a) A Designer not in a good standing, or

(b) A person or entity barred from using Android software under the laws of the India or other countries including the country in which you are resident or from which you use the Android software.

2.3 If you agree to the terms and conditions stated in the agreement over you, whether on your own on behalf of the employer or any other entity, as per which you clearly representing your authority to bind your employer or such other entity in respect of this agreement. And if you do not possess the requisite authority, you may not be allowed to accept this agreement or use the store on behalf of your employer or any other entity.

3. PRICING AND PAYMENTS

3.1 This agreement is applicable in both situations where you are publishing or distributing the application for free and where you are publishing or distributing the application for the fixed charges. In respect to the case where you are charging a fees, you are required to have a valid payment gateway account under a separate agreement with the payment gateway before signing up for the store, then the terms of that agreement will apply without any conflict of this agreement.

3.2 The application designed by you will be displayed on your behalf only with your brand name at the prices established by you at your own discretion. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may include applicable taxes in the price charged to users on the store. You may set the price for your application in the currencies permitted by the payment gateway. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may display the prices in their respective native currency but Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) shall not be responsible for the accuracy of the currency rates and currency conversion.

3.3 You are the merchant of record for Application you sell through the Store. For a given transaction, you are contracting with the applicable Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) entity based on where you have selected to distribute your Product. The price you set for Application will determine the amount of payment you will receive. A Transaction Fee, as defined below, will be charged on the sale price and apportioned to the Payment gateway and, if one exists, the Authorised Carrier.

3.4 Designer is responsible for determining if a Product is taxable and the applicable tax rate for the Payment gateway to collect for each taxing jurisdiction where Application are sold. Designer is responsible for remitting taxes to the appropriate taxing authority. Where Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ), the Payment gateway or the Authorised Carrier is required by applicable ( local ) legislation to determine, apply and pay the applicable tax rate, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ), the Payment gateway or the Authorised Carrier ( and not Designer ) will be responsible for applying and collecting and remitting the taxes to the appropriate taxing authority. If Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) collects and remits value added taxes on customer payments ( where required of Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) by applicable local law) and this remittance fulfils the applicable requirements for value added taxes on those customer payments, such taxes will not be passed on to Designer by Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ). Where the Cyber Indian App Stores Pvt. Ltd.( www.indiaappstores.com ) is responsible for collecting and remitting taxes as described in this section. Designer and Cyber Indian App Stores Pvt. Ltd.( www.indiaappstores.com ) both will recognise the supply for tax purposes from the designer to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ), and designer will comply with all the tax obligations arising from additional supply.

3.5 Where you opt that the application to be distributed for free, there will be no transaction fees charged by the Cyber Indian App Stores Pvt. Ltd ( www.indiaappstores.com ). You may not start charging fees for the application from the user that was initially free, unless the charges are correlated with an alternative version of the product. The Payment gateway must process all fees a Designer receives for any version of a Product distributed via the Store.

3.6 You Support Your Product. In case of any defects or performance issues in the application while downloading from Cyber Indian App Stores Pvt. Ltd.( www.indiaappstores.com ) or after downloading or while using the application on their device. The designer will be sole responsible, who will undertake or handle support or provide maintenance of the application and also resolve any complaints about the application. You are required to provide and maintain the valid and accurate contact information that will be displayed in each of the application detail page on the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) which will be available to users for customer support and legal purposes.

In case of custumer based inquiries, you are required to respond to customer support inquiries within 3 working days, and within 24 hours to any support or product concerns stated to be urgent by the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ). In case of failure from your part, the ratings of the product may decline and there will be low sales, less prominent product exposure, billing disputes or removal from the store.

3.7 Authority to Refund. You have given the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) a full authority to refund the price of the application which is paid on your behalf, if the buyer requests the refund within 24 hours after the purchase. In all other respects, the Payment gateway’s standard terms and conditions regarding refunds will apply. User refunds may be exclusive of taxes previously charged to users for Product purchases.

3.8 Reinstalls. Users are allowed unlimited reinstalls of each Product distributed via the Store, provided however that if you remove a Product ( s ) from the Store pursuant to clauses ( i ), ( ii ), ( iii ) or ( iv ) of Section 7.1, such Product ( s ) shall be removed from all portions of the Store and users shall no longer have a right or ability to reinstall the affected Application.

3.9 payment will be done on friday.

4. STORE USAGE

4.1 Except for the licence rights granted by you in Section 5 below, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) agrees that it obtains no right, title or interest from you ( or your licensors ) under this Agreement in or to any of Application, including any intellectual property rights which subsist in those Application.

4.2 You agree to use the Store only for purposes that are permitted by ( a ) this Agreement and ( b ) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions ( including any laws regarding the export of data or software to and from the India or other relevant countries ).

4.3 When you are using Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) for publishing your application, you have agreed on the condition that if you are using the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) you will protect the privacy and legal rights you attained from the users when the users provide you with, or your Product accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Product, and you must provide legally adequate privacy notice and protection for those users. Further, your product is allowed to use the information attained for the purposes for which the user has given you the permission for. If your product stores the personal or sensitive information then it must be secured and used for the only purpose, for which it is attained. In case the user has a separate agreement with you that clearly allows you or your product to store or use the personal information or sensitive information directly related to application, then the terms of that separate agreement will govern your use of such information. If the user provides your Product with Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) Account information, your Product may only use that information to access the user's Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) Account when, and for the limited purposes for which, the user has given you permission to do so.

4.4 Prohibited Actions. You agree to the terms that you will not indulge in any activity with the store, including the development or distribution of application, that disrupts, damages, or accesses in an unauthorised manner the appliances, servers, networks, or other properties or services of any third party including, but not limited to, Android users, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or any mobile network operator. You may not sell or distribute the application outside the store on the basis of customer information obtained from the store.

4.5 Alternative Stores. You may not facilitate the distribution of software applications and games for use on android appliances outside the store by using the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ).

4.6 You agree that you are sole responsible for ( and  that Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com) has no responsibility to you or to any third party for ) any Application you distribute through the Store including use of any Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) and for the consequences of your actions ( including any loss or damage which Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may suffer ) by doing so. These consequences include, but are not limited to, product liability, consumer protection, and/or intellectual property claims relating to your application.

4.7 You agree that you are solely responsible for ( and  that Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) has no responsibility to you or to any third party for ) any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences ( including any loss or damage which Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or any third party may suffer ) of any such breach.

4.8 Product Ratings. The Store will allow users to rate and review Application. Only users who download the applicable Product will be able to rate and review it on the Store. Product ratings may be used to determine the placement of Application on the Store, subject to cyber indian app stores pvt. ltd. or( india app stores ) ' s ability to change placement at Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) sole discretion. The Store may also assign you a composite score for any Product that has not received user ratings. A Designer Composite Score will be a representation of the quality of your Product based on your history and will be determined at Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) sole discretion. For new Designers without Product history, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may use or publish performance measurements such as uninstall and/or refund rates to identify or remove Application that are not meeting acceptable standards, as determined by Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ). Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) reserves the right to display Application to users in a manner that will be determined at Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) sole discretion.

Your Application may be subject to user ratings to which you may not agree. You may contact Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) if you have any questions or concerns with respect to such ratings.

4.9 Marketing Your Product. You are the concerned and responsible person for uploading your application to the store, in providing the required information and support to the users, and also disclosing accurately the security permissions necessary for the product to function on user appliances. Application which are not uploaded as per the clause, will not be published on the store.

5. LICENCING

5.1 You agree to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) for granting a non-exclusive, worldwide and royalty free licence's to reproduce, perform, display and use the application for administrative and demonstration purposes in connection to :

(i) The operation and marketing of the Store;

(ii) The marketing of Appliances and services that support the use of the Application, and

(iii) Making improvements to the Android platform.

5.2 You grant to  Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or indiaappstores a non-exclusive, and royalty-free license to distribute the and Application in the manner indicated in the Designer Dashboard.

5.3 Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may use consultants and other contractors in connection with the performance of obligations and exercise of rights under this agreement, provided that such consultants and contractors will be subject to the same obligations as Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ). After termination of this Agreement, Cyber Indian App Stores Pvt. Ltd ( www.indiaappstores.com ) will not distribute your Product, but may retain and use copies of the Product for support of the Store and the Android platform.

5.4 You grant to the user a non-exclusive, worldwide, and perpetual license to perform, display, and use the Product on the Appliance.

5.5 You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Product. If you use third-party materials, you represent and warrant that you have the right to distribute the third-party material in the Product. You agree that you will not submit material to Store that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

6. BRAND FEATURES AND PUBLICITY / MARKETING

6.1 Each party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its Brand Features. Except to the limited extent expressly provided in this Agreement, neither party grants, nor shall the other party acquire, any right, title or interest ( including, without limitation, any implied licence ) in or to any Brand Features of the other party. Subject to the terms and conditions of this Agreement, Designer grants to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) and its affiliates a limited, non-exclusive, royalty-free license during the term of this Agreement to display Designer Brand Features, submitted by Designer to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ), for use solely online or on mobile Appliances and in either case solely in connection with the distribution and sale of Designer's Product through the Store, or to otherwise fulfil its obligations under this Agreement. If Designer discontinues the distribution of specific Application on the Store, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) will cease use of the discontinued Applications Brand Features pursuant to this Section 6.1, except as necessary to allow Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) to effectuate Section 3.8. Nothing in this Agreement gives Designer a right to use any of Cyber Indian App Stores Pvt. Ltd (www.indiaappstores.com) or Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

6.2 Publicity. In addition to the license granted in 6.1 above, for purposes of marketing the presence, distribution and sale of the Designer's Product in the Store and its availability for use on Appliances and through other Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com )  services, Cyber Indian App Stores Pvt. Ltd.( www.indiaappstores.com ) and its affiliates may include Designer Brand Features, submitted by Designer to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) : ( i ) within the Store and in any Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) - owned online or mobile properties; ( ii ) in online, mobile, television, out of home ( e.g. billboard ), and print advertising formats outside the Store when mentioned along with other Store Application; ( iii ) when making announcements of the availability of the  Product; ( iv ) in presentations; and ( v ) in customer lists which appear either online or on mobile Appliances ( which includes, without limitation, customer lists posted on Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) websites. If Designer discontinues the distribution of specific Application on the Store, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) will cease further use of the discontinued Application Brand Features for such marketing purposes. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) grants to Designer a limited, non-exclusive, worldwide, royalty-free license to use the Android Brand Features for the term of this Agreement solely for marketing purposes.

7. PRODUCT WITHDRAWL

7.1 Your Takedowns. You may remove your Application from future distribution via the Store at any time, but you must comply with this Agreement and the Payment gateway's Payment Account terms of service for any Application distributed through the Store, including but not limited to refund requirements. Removing your Application from future distribution via the Store does not ( a ) affect the license rights of users who have previously purchased or downloaded your Application, ( b ) remove your Application from Appliances or from any part of the Store where previously purchased or downloaded applications are stored on behalf of users, or ( c ) change your obligation to deliver or support Application or services that have been previously purchased or downloaded by users. Notwithstanding the foregoing, in no event will Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) maintain on any portion of the Store ( including, without limitation, the part of the Store where previously purchased or downloaded applications are stored on behalf of users ) any Product that you have removed from the Store and provided written notice to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) that such removal was due to:

(i) An allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person,

(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 law.

If you remove a Product from the Store pursuant to clauses ( i ), ( ii ), ( iii ) or ( iv ) of this Section

7.1, And an end user purchased such Product within a year before the date of takedown, at Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) request, you must refund to the affected end user all amounts paid by such end user for such affected Product, less the portion of the Transaction Fee specifically allocated to the credit card/payment processing for the associated transaction.

7.2 Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) Takedowns. While Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) does not undertake an obligation to monitor the Application or their content, if Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) is notified by you or otherwise becomes aware and determines in its sole discretion that a Product or any portion thereof or your Brand Features;

(a) violates the intellectual property rights or any other rights of any third party;

(b) violates any applicable law or is subject to an injunction; ( c ) is pornographic, obscene or otherwise violates Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) hosting policies or other terms of service as may be updated by Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) from time to time in its sole discretion; ( d ) is being distributed by you improperly; ( e ) may create liability for Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or Authorized Carriers; ( f ) is deemed by Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) to have a virus or is deemed to be malware, spyware or have an adverse impact on Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or an Authorized Carrier's network; ( g ) violates the terms of this Agreement or the Designer Program Policies for Designers; or ( h ) the display of the Product is impacting the integrity of Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) servers ( i.e., users are unable to access such content or otherwise experience difficulty ), Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may remove the Product from the Store or reclassify the Product at its sole discretion. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) reserves the right to suspend and/or bar any Designer from the Store at its sole discretion. If your Product contains elements that could cause serious harm to user Appliances or data, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may at its discretion disable the Product or remove it from Appliances on which it has been installed. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may suspend or terminate distribution of your Application if you materially breach the terms of any non- disclosure agreement or other agreement relating to the Store or the Android platform. Cyber Indian App Stores Pvt. Ltd . ( www.indiaappstores.com ) enters into distribution agreements with Appliance manufacturers and Authorized Carriers to place the Store software client application for the Store on Appliances. These distribution agreements may require the involuntary removal of Application in violation of the Appliance manufacturer's or Authorized Carrier's terms of service. In the event that your Product is involuntarily removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party's right of publicity or privacy, or does not comply with applicable law, and an end user purchased such Product within a year before the date of takedown,:

(i) You must refund to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ), all amounts received, plus any associated fees ( i.e. chargebacks and payment transaction fees ), and

(ii) Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may, at its sole discretion, withhold from your future sales the amount in subsection ( i ) above.

8. DESIGNER CREDENTIALS

8.1 You agree that you are responsible for maintaining the confidentiality of any designer credentials that Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may issue to you or which you may choose yourself and that you will be solely responsible for all Application that are developed under your designer credentials. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may limit the number of Designer Accounts issued to you or to the company or organization you work for.

9. PRIVACY

9.1 In order to continually innovate and improve the Store, Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may collect certain usage statistics from the Store and Appliances, including but not limited to, information on how the Store and Appliances are being used.

9.2 The data collected is examined in the aggregate to improve the Store for users and Designers and is maintained in accordance with Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) Privacy Policy. To ensure the improvement of Application, limited aggregate data may be available to you upon written request.

10. TERMINATION

10.1 This agreement will remain effective until it is terminated by either Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) or by you as set out below.

10.2 If you want to terminate this agreement, you must provide 30 days prior notice to the Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) in a written form and cease your use of any relevant designer credentials. ( Unless this Agreement terminates under Section 14.1. ).

10.3 Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may at any time, terminate this Agreement with you if :

(A) You have breached any provision of this Agreement; or

(B) Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) is required to do so by law; or

(C) You cease being an authorized Designer; or

(D) Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) decides to no longer provide the Store.

13. INDEMNITY

13.1 You agree to indemnify, defend and hold harmless Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ), its affiliates, directors, employees and agents, and authorised carriers from and against any and all third party claims, actions, suits or proceedings, as well as any and all loses, liabilities, damages, costs and expenses including attorney’s fees arising out or accruing from:

(a) Your use of the Store in violation of this Agreement, and

(b) Your Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.

13.2 You agree to defend, indemnify and hold harmless the applicable Payment gateways ( which may include Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) and/or third parties ) and the Payment gateways' affiliates, directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses ( including reasonable attorney’s fees ) arising out of or accruing from taxes related to Your distribution of Application distributed via the Store.

14. AMENDMENTS

14.1 Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) may make changes to this Agreement at any time by sending the Designer notice by email describing the modifications made. Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) will also post a notification on this page and/or on the Designer Dashboard describing the modifications made. You should look at the Agreement, and check for notice of any changes, regularly. Changes will not be retroactive. They will become effective, and will be deemed accepted by Designer, ( a ) immediately for those who become Designers after the notification is posted, or ( b ) for pre- existing Designers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted ( except changes required by law which will be effective immediately ). If you do not agree with the modifications to the Agreement, you must terminate your use of the Store, which will be your sole and exclusive remedy. You agree that your continued use of the Store constitutes your agreement to the modified terms of this Agreement.

15. GENERAL PROVISION

15.1 This Agreement constitutes the whole legal agreement between you and Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) and governs your use of the Store, and completely replaces any prior agreements between you and Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) in relation to the Store.

15.2 You agree that if Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) does not exercise or enforce any legal right or remedy which is contained in this Agreement ( or which Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) has the benefit of under any applicable law ), this will not be taken to be a formal waiver of Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) rights and that those rights or remedies will still be available to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ).

15.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.

15.4 You acknowledge and agree that each member of the group of companies of which Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) is the parent shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on ( or rights in favour of ) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.

15.5 The rights granted in this Agreement may not be assigned or transferred by either you or Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) without the prior written approval of the other party. Neither you nor Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) shall be permitted to delegate their responsibilities or obligations under this Agreement without the prior written approval of the other party. Any other attempt to assign is void. If you experience a change of control ( for example, through a stock purchase or sale, merger, or other form of corporate transaction ) :

(a) You will give written notice to Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) within 30 days after the change of control; and

(b) Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com )may immediately terminate this Agreement any time between the change of control and 30 days after it receives that written notice.

15.6 All claims arising out of or relating to this Agreement or your relationship with Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) under this Agreement, shall be governed by the laws of the India. You and Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) further agree to submit to the exclusive jurisdiction of the courts located within the country to resolve any legal matter arising from or relating to this Agreement or your  relationship with cyber indian app stores pvt. ltd. ( www.indiaappstores.com ) under this Agreement, except that you agree that Cyber Indian App Stores Pvt. Ltd. ( www.indiaappstores.com ) shall be allowed to apply for injunctive relief in any jurisdiction.

15.7 The obligations in Sections 5, 6.1 ( solely as necessary to permit Indiaappstores to effectuate Section 3.8 ), 7, 11, 12, 13, and 15 will survive any expiration or termination of this Agreement.