MobileAppDaily's mission is to facilitate connections between buyers and sellers of business services. Our website supports this goal by helping buyers find potential service providers, including through reviews of these companies. We also aid service providers in promoting their businesses and services. The terms "we", "us", and "our" refer to MobileAppDaily Co LLC, a Delaware corporation located at 1800 Massachusetts Ave, Suite 200, Washington, DC 20036. The terms "you", "users", "buyers", or "service providers" are used to refer to individuals who interact with the MobileAppDaily website ("Website")—whether by visiting, contributing content via the Website, email, telephone, or other means.
If you are agreeing to these Terms on behalf of a company or other legal entity, you confirm that you are authorized to commit such entity and its affiliates to these Terms. In this context, "you" and "your" will refer to that entity and its affiliates, as applicable. If you lack this authority, or if you do not agree to all of these Terms, you should not use the Services or submit information to MobileAppDaily.
Please make sure to revisit this page regularly to check the latest version of the Terms. We hold the right to alter or amend the Terms at any time and at our sole discretion, without prior notification. Your ongoing use of the Services indicates your agreement to the revised Terms.
Please make sure to revisit this page regularly to check the latest version of the Terms. We have the authority to alter or modify the Terms at any time, at our sole discretion, without prior notice. Your ongoing use of the Services indicates your agreement to the updated or modified Terms.
We reserve the right to refuse access to our Services to anyone, at any time and for any reason, at our sole discretion, including but not limited to breaches of these Terms.
To use the Services, including registering for an account, using the Website, or submitting reviews or other User Content, you must be at least 18 years old.
When using the Services, you have the option to create a MobileAppDaily account. It is your responsibility to ensure that the information you provide at registration, and continuously thereafter, is accurate, up-to-date, and complete. MobileAppDaily has the sole discretion to refuse to maintain accounts for, or provide Services to, any individual. MobileAppDaily also reserves the right to suspend or terminate your account if the information provided at registration or subsequently is found to be inaccurate, outdated, or incomplete. You must maintain the confidentiality and security of your account information, including your username and password, and promptly inform MobileAppDaily of any unauthorized use of your account. MobileAppDaily will not be liable for any loss or damage resulting from your failure to adhere to these requirements.
Your Use of the Services. By using the Services, you agree to:
Your Responsibility For the Content You Submit
The Services allow you to submit content, including reviews, comments, messages, and other types of user content, through the Website, email, telephone, online surveys, or other methods. This user content may be accessible to other users.
You understand and agree that you are solely responsible for any User Content you provide. Once submitted, User Content cannot be retracted. All User Content must be truthful and current. You confirm that you possess all necessary rights to submit, use, and distribute such User Content without infringing on the rights of others.
You accept all risks associated with any User Content you provide, including the possibility that others may rely on its accuracy. If you post User Content that is inaccurate, misleading, defamatory, infringes on third-party rights, breaches contractual limits, or is illegal, you could be held liable. You agree to indemnify, defend, and hold MobileAppDaily harmless from any claims arising from User Content you post, including claims related to defamation. We reserve the right to take over the exclusive defense and control of such matters at our expense, and you must cooperate with us in defending against such claims.
You acknowledge and agree that we have the right, at our sole discretion, to reject, relocate, edit, or delete any User Content submitted to the Services for any reason, or no reason at all, though we are not obligated to do so. For instance, we might remove a review if we believe, in our sole discretion, that it violates our Review Guidelines. MobileAppDaily is under no obligation to keep or provide you with copies of the User Content.
You acknowledge that we do not verify, endorse, or approve User Content, and you must assess and assume all risks associated with your use of or reliance on User Content. Mention of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise, and any ranking on the Services does not imply endorsement or recommendation by MobileAppDaily. User Content and rankings reflect third-party opinions and may be inaccurate. MobileAppDaily does not guarantee the quality, accuracy, or reliability of any User Content or rankings on the Services. By using the Services, you understand that you may encounter User Content that could be offensive or objectionable to you.
Occasionally, MobileAppDaily may offer incentives to motivate users to write reviews. These incentives are given regardless of the review being positive or negative. MobileAppDaily is not required to enforce the Terms on your behalf. If you suspect that another user has breached the Terms, you can inform MobileAppDaily. Nonetheless, MobileAppDaily retains the sole discretion to investigate and enforce the Terms as it sees fit.
Your Risks in Utilizing MobileAppDaily’s Shortlist, Consultation Service, and Project Matchmaking Services (the "Service")
MobileAppDaily serves as a platform for identifying, verifying, and sourcing professional service providers ("Vendors") and potential clients looking for quality services ("Clients"). MobileAppDaily does not partake in any dealings between Vendors and/or Clients. Engagements with any parties found through the Service are conducted at your own risk. MobileAppDaily advises that Vendors and Clients formalize their agreements using legally vetted contracts, approved by their respective legal advisors.
The Service does not ensure outcomes, and MobileAppDaily will not be held accountable for any disputes between Vendors and Clients, as these are governed by private agreements between third parties (for example, MobileAppDaily is not involved in these agreements). MobileAppDaily is not and will not be part of any such private contracts, nor does it accept any liabilities, indemnifications, warranties, or other obligations. By utilizing this Service, both Vendors and Clients acknowledge that MobileAppDaily is exempt from any responsibilities as outlined above.
Clients should be aware that MobileAppDaily does not guarantee or advocate for the MobileAppDaily verified or sponsored Vendors. MobileAppDaily retains the authority to oversee all submissions made via the MobileAppDaily project request form (the “Form”), consultation form, and email. MobileAppDaily reviews all such submissions to facilitate the identification and pairing of the most suitable prospective Clients with the most fitting Vendors. Submissions deemed unsuitable by MobileAppDaily at its sole discretion will not be processed. Vendors are permitted to contact prospective clients only concerning the specific submissions made through the MobileAppDaily project request form. MobileAppDaily does not favor or promote the services of any specific Vendor listed on the platform. MobileAppDaily does not act as an agent for the agencies or Vendors listed on the platform and does not receive any payment as a broker, representative, agent, or in any similar capacity. Any revenue MobileAppDaily earns is exclusively related to the upkeep and operation of the Site and the Services.
The details provided on the project request form are governed by our Privacy Policy. When utilizing MobileAppDaily's services, users may disclose personal data as described in the Privacy Policy, along with information about their requirements. All users submitting the MobileAppDaily project form consent to the distribution of this information to service providers listed on the MobileAppDaily platform, as well as to our affiliate network and partners.
By submitting this information to MobileAppDaily, all users consent to being contacted by MobileAppDaily, any service providers listed on the MobileAppDaily platform, as well as by the MobileAppDaily affiliate network and partners, through phone, fax, email, mail, or any other appropriate communication methods, using the phone numbers and addresses provided by the user in their project request form.
Should the information provided by the user be wholly or partly incorrect, or if MobileAppDaily has reasonable grounds to suspect that the information is inaccurate, outdated, false, or incomplete, MobileAppDaily retains the right to deny processing the project request form.
The profiles displayed on MobileAppDaily serve solely for informational purposes. Despite our commitment to offering useful and accurate data, errors might occasionally occur, often due to user-generated content or various other factors. MobileAppDaily strives diligently to monitor these inaccuracies and address them promptly. Although we make every effort in this regard, MobileAppDaily cannot be held liable for these errors. Before engaging services from Vendors listed on the MobileAppDaily platform, Clients should verify all pertinent information with the Vendor and conduct their own assessment to determine the Vendor's suitability for their project. MobileAppDaily is not accountable for, nor does it ensure the performance of, any Services rendered by the Vendors on the platform.
By submitting User Content through your use of the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, and sublicensable license, as outlined in these Terms. This license allows us to utilize the User Content for various purposes, including but not limited to using, publishing, reformatting, copying, distributing, reproducing, modifying, editing, adapting, publicly performing, translating, and creating derivative works from said User Content, either in whole or in part, across any format or medium currently known or developed in the future. Such utilization encompasses providing, promoting, and redistributing the Services (and derivative works thereof) via any media formats and channels, without necessitating further consent, notice, and/or compensation to you or any third parties. Additionally, this license extends to granting us the right to repurpose review content into PDF case studies, which service providers listed on MobileAppDaily may utilize and share for advertising their services and past accomplishments.
MobileAppDaily and its licensees reserve the right to exhibit advertisements and supplementary information alongside or incorporated within User Content. No compensation is granted for these advertisements. The format, method, and scope of such advertising may be altered without prior notification to you.
All feedback regarding the Services, including suggestions for corrections, updates, alterations, changes, or modifications, shall belong to MobileAppDaily, and by using the Services, you agree to assign any rights in such feedback to MobileAppDaily without any compensation to you.
When utilizing the service, Service Providers authorize us to gather and exhibit supplementary third-party information on MobileAppDaily. This encompasses data accessible through open-source research and data obtained from credit reporting agencies.
When utilizing the Services, you acknowledge and agree not to engage in, or facilitate or encourage others to engage in, the following:
Breach our Review Guidelines, such as by submitting any inaccurate, fraudulent, or defamatory information in your company profile, reviews, comments, or any User Content;
Offer or accept compensation in exchange for composing or soliciting the removal of content, except for incentivized reviews that adhere to our Review Guidelines.
Engaging in any form of undue influence or manipulation over reviewers' feedback, such as requesting alterations or removals, may result in MobileAppDaily publicly notifying buyers through its Buyer Alerts Program.
Do not submit, email, transmit, or otherwise provide or initiate any content that:
Is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
Contains information that you are not authorized to disclose or share under any law or contractual or fiduciary agreements (including insider details, or proprietary and confidential information obtained or disclosed through employment or nondisclosure agreements).
Infringing upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of publicity, or any other intellectual or proprietary rights;
Including any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Containing software viruses, worms, or any other computer code, files, or programs that could interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment of MobileAppDaily or any user of MobileAppDaily;
Duplicating, licensing, sublicensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on MobileAppDaily (excluding User Content submitted by you) except as permitted in these Terms, or as expressly authorized by MobileAppDaily.
Remove, modify, or tamper with any copyright, trademark, or other proprietary rights notice displayed on the Services;
Attempt to uncover the source code for the Services, or any underlying intellectual property utilized to provide the Services, through actions such as reverse engineering, decompiling, disassembling, deciphering, or any similar method;
Use information, content, or data obtained from MobileAppDaily to offer a service that competes, at the discretion of MobileAppDaily, with MobileAppDaily itself, or to construct a searchable database of reviews or content accessible on MobileAppDaily;
Gather, employ, duplicate, download, or transmit any information, including personal data obtained from MobileAppDaily, except as explicitly allowed in these Terms or with the express consent of the information's owner.
Collect, manipulate, or extract data about other users;
Utilize manual or automated tools, software, scripts, bots, or any other methods to access, "scrape," "crawl," "spider," or index any web pages or parts of the Services;
Partake in activities such as "framing," "mirroring," or imitating the appearance or functionality of MobileAppDaily's Services or content, unless expressly authorized by MobileAppDaily (e.g., through an approved MobileAppDaily API);
Try to or successfully bypass any security measures integrated into or supporting MobileAppDaily.
Attempting to gain unauthorized access to the Services, user accounts, or MobileAppDaily systems or networks by means of hacking, password mining, or any other method;
Participating in any action that directly or indirectly disrupts the proper functioning of MobileAppDaily’s infrastructure or imposes an unreasonable burden on it;
Publishing reviews on services or products provided by your current employer or by competitors of your current employer's offerings, or on any products or services where a conflict of interest exists;
Engaging in threatening, harmful, or harassing behavior towards others; and/or
Using an alias that conceals your true identity when logging in.
You retain ownership of the User Content you submit, while MobileAppDaily holds ownership of all content excluding User Content, comprising features, graphics, design, code, compilation of User Content, Website, aggregate reviews and ratings, and all other elements of the Services. The Services are safeguarded by copyright, trademark, and other regulations of the United States and foreign jurisdictions. With the exception of what is explicitly stated in these Terms, MobileAppDaily and its licensors possess exclusive rights to all aspects of the Services, including all associated intellectual property rights. You agree not to tamper with, modify, or obscure any copyright, trademark, service mark, or other proprietary rights notices present within or accompanying the Services.
The trademarks, service marks, logos, trade names, and other proprietary designations of MobileAppDaily referenced here are exclusively owned by MobileAppDaily and may not be replicated, mimicked, or utilized, either wholly or partially, without prior written consent from MobileAppDaily. All other trademarks, registered trademarks, product names, and company names or logos mentioned within the Services belong to their respective owners.
At MobileAppDaily, we uphold the rights of intellectual property and expect our users to do the same. We promptly address notices alleging copyright infringement that adhere to relevant laws and are properly submitted to us. If you suspect that User Content has been unlawfully replicated, please furnish our copyright agent with the following details in compliance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or their authorized representative; (ii) identification of the copyrighted work purportedly infringed; (iii) particulars of the allegedly infringing material and adequate information enabling its location or removal; (iv) your contact information, including address, telephone number, and email address; (v) a declaration stating your sincere belief that the material's use, as complained of, lacks authorization from the copyright holder, its agent, or the law; and (vi) a statement asserting the accuracy of the provided information and affirming, under penalty of perjury, your authority to act on behalf of the copyright owner.
The designated copyright agent responsible for addressing allegations of copyright infringement or legal notices concerning User Content featured on the Service is:
MobileAppDaily
Attn: Eleonora Israele
1800 Massachusetts Ave, Suite 200
Washington, DC 20036
202-540-9093
MobileAppDaily
Email: hello@MobileAppDaily.co
Please be aware that a notification of the alleged illegal content will be forwarded to the individual who submitted it, and a link to your published notification might be showcased on MobileAppDaily in lieu of the deleted content.
We retain the authority to eliminate User Content suspected of infringing upon copyrights or engaging in illegal activities without prior notice and solely at our discretion. In suitable instances, we may additionally deactivate a user's account if they are identified as a recurring violator.
Sponsorship opportunities on MobileAppDaily enable companies to enhance their visibility by becoming sponsors, as outlined herein ("Sponsorship"). Upon visiting a review page, users will find sponsors, denoted with a sponsor flag, prioritized at the top of the list by default. Depending on the desired sponsorship package, companies may need to fulfill specific criteria. It's important to note that Sponsorship does not influence a company's ranking or position on MobileAppDaily, nor does it guarantee any particular level of traffic, business, sales, leads, or similar outcomes. Sponsorship primarily impacts the placement of sponsors in company lists and the provision of support services from MobileAppDaily.
When providing a complimentary or reduced-price service or product in return for a review, you must explicitly indicate that the review: 1) could be positive or negative; 2) should represent the reviewer's genuine viewpoint; and 3) must openly and prominently disclose that the reviewer obtained the service or product at no cost or at a discounted rate.
The acquisition of storefront services, encompassing MobileAppDaily+, Sponsorship, and Featured Memberships on MobileAppDaily and/or The Manifest (collectively referred to as "Listing Services"), is undertaken as a subscription service. Unless stated otherwise herein, Customer is obligated to commit to a minimum term of twelve (12) months from the contract initiation date ("Listing Subscription"). The duration of your Agreement with MobileAppDaily (comprising the Listing Subscription) concerning the offered products will align with the period specified in your Order Form ("Term"). Even if given the option to spread payments across multiple periods, you are obliged to procure at least a full year of the Listing Subscription. Upon purchasing Listing Services or any fee-based services, whether on a one-time or subscription basis, you consent to paying the applicable fees outlined at the time of purchase, along with associated taxes, and reimbursing us for all costs related to collection and overdue amounts, plus interest. To enroll in the Services, you must furnish MobileAppDaily with a valid credit card (Visa, MasterCard, or another accepted issuer) or a valid automated clearing house (“ACH”) enabled bank account at an accepted financial institution (“Payment Provider”). Your Payment Provider agreement governs your credit card's use, and you must consult that agreement, not this Agreement, to ascertain your rights and obligations. By procuring a subscription and furnishing MobileAppDaily with your payment details, you explicitly consent to us or our payment agents charging you a recurring subscription fee monthly or annually as stipulated in the Invoice, along with any other charges incurred in connection with your Service usage, including applicable taxes or subscription upgrades, to the Payment Provider. Should you elect to upgrade your subscription, you must remit to MobileAppDaily the upgrade amounts on a pro-rata basis until your subsequent billing date. Thereafter, your new subscription will resume at the original billing frequency, at the updated subscription rate of the new product. Downgrades are prohibited during the initial twelve (12) months of the Customer’s Listing Subscription. Following the initial twelve (12) months, if you opt to downgrade your subscription, you can retain your current subscription until the next billing cycle, with the new subscription continuing billing at the original frequency, at the updated subscription rate of the new product.
After the Term ends, each Listing Subscription will automatically renew monthly unless the Customer sends written notice via email to editor@mobileappdaily.com at least five (5) business days before the Billing Date. Regardless of your payment frequency (monthly, quarterly, etc.), termination will occur on the specified Billing Date. You agree to this automatic renewal unless you cancel your Listing Subscription before the Billing Date.
Your responsibility to cover fees persists until you terminate your subscription. Taxes are determined according to the billing details you furnish during purchase. You can halt or pause your Listing Subscription anytime after the initial twelve (12) months by reaching out editor@mobileappdaily.com
Following the initial 12-month Term, MobileAppDaily reserves the right to unilaterally adjust rates for all services, including previously discounted or promotional rates, as deemed necessary. Notification of any rate increase exceeding ten percent (10%) annually will be provided in writing through means chosen by MobileAppDaily, such as monthly billing reflecting the updated rates from the preceding month. Additionally, MobileAppDaily retains the authority to limit, suspend, or terminate your access to the Services or subscription at any time, with or without prior notice or liability, including for reasons such as non-payment of fees.
MobileAppDaily continually evaluates, tests, and enhances its product and service lineup to ensure customers and users access the best options available. We reserve the right to adjust, augment, or modify our offerings, including tools provided to you, without prior notice. These changes, made at our discretion, may occur for various reasons, such as legal requirements or enhancements to our suite of products and services. Modifications may impact product functionality, service delivery, advertising placement, and billing methods. By using our products and services, you agree to accept any updates or alterations, which we may implement without notice. MobileAppDaily does not guarantee specific outcomes or results from its offerings. You acknowledge your responsibility for payment obligations under this Agreement, notwithstanding any changes or advancements in our products and services during the term.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND ALL INFORMATION CONTAINED THEREIN ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK.
MobileAppDaily MAKES NO CLAIMS WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE COMPANIES REVIEWED ON THE SERVICES. MobileAppDaily DOES NOT ENDORSE ANY COMPANY, VENDOR, SERVICE OR PRODUCT DEPICTED IN THE SERVICES AND DOES NOT ADVISE USERS TO SELECT ANY PARTICULAR COMPANY ON THE BASIS OF ITS REVIEWS OR RATINGS. REVIEWS ON THE SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OF USER CONTENT. YOUR PURCHASE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES REVIEWED ON THE SERVICES IS AT YOUR OWN DISCRETION AND RISK.
MobileAppDaily DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. MobileAppDaily DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, COMPANY PROFILES, PORTFOLIO IMAGES AND DESCRIPTIONS, REVIEWS, DIRECTORY AND RESEARCH DATA, ETC.). MobileAppDaily MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A PRODUCT OR SERVICE OR COMPANY OTHER THAN MobileAppDaily DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MobileAppDaily.
IF YOU ARE DISSATISFIED OR HARMED BY MobileAppDaily OR ANYTHING RELATED TO MobileAppDaily, YOU MAY CLOSE YOUR MobileAppDaily ACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
MobileAppDaily DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MobileAppDaily DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MobileAppDaily DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MobileAppDaily BE LIABLE TO YOU OR ANY THIRD-PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MobileAppDaily HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, INCLUDING WITH RESPECT TO ANY BUYER ALERT NOTIFICATION POSTED ON THE SERVICES), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR YEAR IN WHICH SUCH CLAIM AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold MobileAppDaily harmless from and against any and all third-party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys’ fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through MobileAppDaily.
These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to the Terms shall be governed by the laws of the District of Columbia regardless of your country of origin or where you access MobileAppDaily, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and MobileAppDaily agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in the District of Columbia, except as otherwise agreed by the parties.
Except as prohibited by Law, any dispute under these Terms shall be resolved in Washington D.C., by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing in this arbitration provision is intended to prevent either party from filing charges with state or federal agencies. You agree that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and you waive any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING ANY RIGHT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of either party to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. In the event of any dispute between us concerning the terms and provisions of these Terms, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys fees.
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnification claim). Notices to you shall be addressed to the system administrator designated by you for your relevant Services account, and in the case of billing-related notices, to the relevant billing contact designated by you.
Notices should be addressed via our Contact Us page.
MobileAppDaily includes links to third party websites .You are responsible for evaluating whether you want to access or use a third party site. MobileAppDaily is not responsible for and does not endorse any content, services, products or other materials on or available from third party sites. Accordingly, if you decide to use third party sites you do so at your own risk and your use is on an “as-is” basis. MobileAppDaily shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites. These Terms do not apply to your use of any third party site. The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound.
MobileAppDaily includes links to third party websites .You are responsible for evaluating whether you want to access or use a third party site. MobileAppDaily is not responsible for and does not endorse any content, services, products or other materials on or available from third party sites. Accordingly, if you decide to use third party sites you do so at your own risk and your use is on an “as-is” basis. MobileAppDaily shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites. These Terms do not apply to your use of any third party site. The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound.
Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of MobileAppDaily.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of MobileAppDaily.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, MobileAppDaily for any third party that assumes our rights and obligations under the Terms.
For answers to your questions, call us or email us here. Or, you can write to us at:
MobileAppDaily
1800 Massachusetts Ave
Suite 200
Washington, DC 20036
