Developer: any natural person, legal entity, company, partnership, trust, fund or vehicle who uses Uptodown to offer and distribute (directly or by authorising its distribution) Products through Uptodown in accordance with the terms of this Agreement.
Developer Account: a publication account provided by Uptodown to a Developer which allows him/her/it to distribute Products through Uptodown.
Device: any IT equipment including without limitation smartphones, tablets, televisions, devices for “automotive use” or any other type that can be used to access Uptodown.
Uptodown: the software owned of licensed to Uptodown Technologies, S.L. and services provided by Uptodown Technologies, S.L. (or third parties in the terms set forth by Uptodown Technologies, S.L.), including, without limitation, the web, the Uptodown native application for Android, and Uptodown’s native AppStore for Android, which allows Developers to distribute Products directly to the users of the Devices.
Products: software, content, digital material, images, videos and other articles and services distributed or offered by the Developers through Uptodown.
2. Acceptance of this Agreement
2.1 This agreement (from now on, the “Agreement”) constitutes a legally binding contract between the Developer and Uptodown Technologies, S.L.with respect to the way that the Developer uses Uptodown to distribute and/or offer Products.
While the Agreement is in force, Developer consent to and authorises: - That Uptodown can display the Products and makes them available to the users in order to use them, view them, download them, install them and update them. - That Uptodown can generate material such as videos, images or informative texts about their Products in order to promote them within Uptodown.
This consent is extended to the Uptodown.com website, the Uptodown native application for Android and its native AppStore for Android as well as any of the official Uptodown Technologies, S.L. content channels any API or technology that allows third parties to access and display the Products and contents of Uptodown, its social networks, and collaborating partners.
In order to use Uptodown and distribute Products, the Developer consents to this Agreement and undertakes to provide complete and accurate information through the Developer Account and to keep it up to date at all times.
2.2 If natural person consents to this Agreement on behalf of a Developer who is an entity, company, partnership, trust, fund or vehicle, such natural person represents and warrants that they have the full legal authority to bind such Developer. If he/she does not have the necessary legal authority, he/she shall not consent to the Agreement and te Developer shall not be allowed to use Uptodown..
3. Use of Uptodown by the Developer
The Developer shall be responsible for uploading their Products to Uptodown, providing the necessary information about the Product and delivering assistance to the users, as well as accurately conveying the required authorizations for the Product to work with the users’ Devices.
The Developer represents and warrants he/she/it shall have sole responsibility for their Products and that Uptodown does not have any responsibility towards Developer nor third parties in relation to such Products nor for the consequences of the Developer’s actions, including any damage or loss that Uptodown may experience.
Developer agrees that Uptodown allows its users to rate the Products and write their opinions about them. The ratings of the Products can be used to determine their positioning in Uptodown.
4. License Grant
4.1 The Developer grants Uptodown Technologies, S.L. a non-exclusive royalty free license for worldwide use, for the duration of the relevant rights (unless before such date the Products are removed by Developer as provided under the following section) with full permission to copy, run, display, analyze and use the Products in relation to a) Uptodown’s functioning and marketing, b) marketing of devices and services allowing the use of the Products; c) carry out improvements to Uptodown ; d) to monitor compliance with this Agreement and Developer Program Policy applicable form time to time.
4.2 The Developer grants Uptodown Technologies, S.L. a non-exclusive royalty free license to distribute the Products throughout the world for the duration of the relevant rights (unless before such date the Products are removed by Developer as provided under the following section) in the way specified above and as indicated in the Developer Account.
4.3 The Developer grants users a non-exclusive, worldwide, perpetual license to run, display and use the Product downloaded or acquired through Uptodown.
5. Product Removal
5.1 The Developer can remove the Product from Uptodown at any time terminating Uptodown Technologies, S.L.’s distribution rights so that the Product is no longer available for distribution on Uptodown.
The removal of any Product to prevent further distribution through Uptodown: a) does not affect the license of users who have previously acquired or downloaded the Product; b) does not eliminate the Product from Devices or from any other location on Uptodown where acquired applications and downloads may have been stored on the User’s behalf
5.2 Uptodown Technologies, S.L. is not under any obligation to supervise the Products or their content. If Uptodown Technologies, S.L. at its own discretion determines that a Product: a) infringes any applicable law; b) infringes this Agreement; c) infringes agreements with device manufacturers and authorized providers; or d) otherwise causes a negative impact for Uptodown Technologies, S.L. or its authorized providers, or if it creates an obligation of any kind, Uptodown Technologies, S.L. reserves the right to reject the Product, by removing, suspending, and/or reclassifying it on Uptodown or its Devices.
6. Representations and Warranties
6.1 The Developer represents and warrants that they have all the rights (including intellectual property rights) related to their Products which are necessary to assume the obligations and grant the licenses as provided in this Agreement.
6.2 In particular and without limitation, when using third party material, the Developer represents and warrants that the Developer has the rights to distribute such that third party material within the Product. The Developer undertakes that he/she/it shall not upload or make available to Uptodown any material subject to third party intellectual property rights unless the Developer is the owner of the aforementioned third party Intellectual Property Rights or has been duly authorised by the legitimate owner to upload or display such third party material.
6.3 The Developer represents and warrants that he/she/it and his/her/its Products are in compliance with all applicable laws.
7. Applicable law and jurisdiction
7.1 This Agreement is governed by the general laws (derecho común) of the kingdom of Spain. The parties agree that any dispute between the parties in relation to this agreement can be resolved by the courts and tribunals of the city of Málaga.