Please read these Terms and Conditions carefully as they inform you of the terms use of browsing the Site and use of the Platform/Service provided to you by us via the Site. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

The AppAura Platform is designed for people, including marketing agencies, to conduct various advertising platform efficiently and is built to enhance revenue delivery. As such, the Platform/Service is designed for business purposes rather than for non-commercial use. If you wish to use the Platform/Service for non-commercial purposes please contact us via one of the methods set out in Clause 1.2 below before creating an account.

You will be asked to agree to these Terms and Conditions before signing up for an account with us. You should also print and retain a copy of them for future reference. These Terms are available in the English language only.

1. Agreement to Terms

1. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of entity (“you”, “client”, “user”) and AppAura (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://appaura.io/ website (“Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use.
2. If users of the Site (you, your or yourself) have any questions about these Terms or any problems accessing or using the Site or any of its contents please contact us by emailing us at [email protected]
3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and the extent local laws are applicable.

2. Scope of Services

1. AppAura provides its Clients through deliver Apple Search Ads services for the purposes of promoting and boosting installation of Clients’ mobile applications (“App”) on Apple’s App Store ( “App Store”) for the purpose of increasing the installs of the App (the “Service”).
2. You shall purchase campaigns for the Service through a dedicated account (“Account”) that you create with us to access the functionality of the Platform and/or Services; You will receive reporting and installation performance after running an ad campaign. The scope of each campaign will be individual and target achieved or achievable shall be dependent on each campaign.
3. You agree that you will comply these Terms at all times while using the Service. You agree that failure to comply with these Terms will constitute a breach of these Terms, which may result in us terminating or suspending your access to the Site and/or Service.
4. On Business Days, we will provide following Support Services between the hours of 10:00 to 19:00 Hong Kong time, UTC+8.
5. You must make requests for Support Services. We will use reasonable endeavours to respond to requests for Support Services within one Business Day of receipt of the request. We do not guarantee that your use of the Support Services will result in any particular outcome.
6. You acknowledge that from time to time we may introduce new versions of, and/or updates to, the Platform whether for the purpose of fixing an error, bug or other issues in the Platform or enhancing the functionality of the Platform. Such upgrades may result in changes to the appearance and/or functionality of the Platform.
7. We may suspend access to the Platform at any time in order to carry out scheduled or emergency maintenance. We shall give you advanced written notice of any scheduled maintenance, which will usually be carried out outside the hours of 10:00 to 19:00 Hong Kong time, UTC+8.

3. Reporting

1. The Consideration shall be calculated based on the monthly reports provided by the App Store and which shall prevail over any contrary data provided by you. You acknowledges that there may be up to a 10% discrepancy between the performance at the end of a campaign reporting period which may arise due to reporting date cut-off periods by the App Store and information otherwise accessible by the Client internally.
2. The report will be sent to your verified email address after the Service has been delivered by the end of an agreed period.

4. User Registration and Account Information

1. You are required to register with the Site if you wish to use our Service. Email address and a password are needed as login details. You agree to keep your password confidential and will be responsible for all use of your account and password. If you suspect or know of any breach of your account details you must notify us immediately at [email protected]
2. We have the right to suspend or withdraw your Account and disable any user identification code or password, whether chosen by you or allocated by us, if in our opinion you have failed to comply with any of the provisions of these Terms.
3. Google integrated log-in feature is available for sign-up. You may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
   1. providing your Third-Party Account login information through the Site; or
   2. allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
   3. By granting us access to any Third-Party Accounts, you understand that:
      1. we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Account may no longer be available on and through the Site.
      2. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
      3. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

5. User Representations

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms of Use;
4. you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
5. you will not use the Site for any illegal or unauthorized purpose;
6. your use of the Site will not violate any applicable or regulation.

If you provide any information that in untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

6. Fees and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express

1. You are required to or pay a fee as “Budget” to access our services for running Apple Search Ads campaign Services.
2. We will charge you fifteen percentage of your Budget when you create a campaign or increase your Budget for an existing campaign.
3. All payments shall be in U.S. dollars.
4. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site.
5. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.
6. 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.
7. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

7. Refund

Once you committed your campaign or Budget payment, the full amount of your Budget and chargeable fees are non-refundable.

8. Intellectual Property Rights

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 you. 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 AppAura hereunder (including all modifications, enhancements, upgrades, customisation sand derivatives work thereof) are and shall remain the exclusive property of AppAura 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

1. 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,
2. patents and patent applications,
3. rights in or to copyrights, whether or not registered,
4. rights in or to trade secrets and confidential information, including without limitation know-how, technology methods, sales methods, boosting methods, ideas and inventions and
5. all applications and registrations of any of the above.

9. Terms, 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. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
2. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
3. AppAura 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 AppAura shall refund all fees received in respect of such campaign. If termination is made after commencement of any such campaign, then, AppAura shall be entitled to charge the relevant CPI for the number of installations up to termination.

10. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

11. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

12. Interruptions

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

13. Contribution License

1. You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
2. By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

14. Site Management

We reserve the right, but not the obligation, to:

1. monitor the Site for violations of these Terms of Use;
2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: https://appaura.io/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Hong Kong. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Hong Kong, then through your continued use of the Site, you are transferring your data to Hong Kong, and you agree to have your data transferred to and processed in Hong Kong.

16. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

17. Dispute Resolution

You agree to irrevocably submit all disputes related to Terms or the legal relationship established by this Agreement to the jurisdiction of the Hong Kong courts. AppAura shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.

18. Disclaimer and Warranties

1. The Service is provided on an “as-is” basis and AppAura 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. AppAura makes no warranties that the terms and conditions of the App Store will not change prior to, during or after any campaign and which may result in target installs not being met. AppAura further makes no warranties that any increase in installs will result 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 AppAura shall not be responsible for any loss by people downloading, using or purchasing services through the App.
2. The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
3. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any
   1. Errors, mistakes, or inaccuracies of content and materials,
   2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
   3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
   4. Any interruption or cessation of transmission to or from the site,
   5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
   6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
4. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
5. In no event will AppAura or its 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 should have been aware or advised of the possibility of such damage and notwithstanding the failure of any essential purpose of our services, AppAura 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 AppAura for the applicable claim.

19. Limitations of Liability

1. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
2. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain Hong Kong laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

20. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. use of the Site;
2. breach of these Terms of Use;
3. any breach of your representations and warranties set forth in these Terms of Use;
4. your violation of the rights of a third party, including but not limited to intellectual property rights; or
5. any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

21. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

24. Confidentiality

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

1. already in the public domain,
2. obtained by the receiving party by its own means through sources that are not subject to any restriction on dissemination of the information,
3. is required to do so by a governmental or regulatory authority or by order of a court of competent jurisdiction.

25. 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. These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
3. 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 AppAura.
4. 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.
5. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
6. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
7. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
8. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
9. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

26. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us via email: [email protected]