Terms of Service

1. Acceptance of Terms

By accessing and using AppShout ("the Platform"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Description of Service

AppShout is an online marketplace platform that facilitates connections between mobile application developers and brands ("Developers") and content creators ("Creators") for promotional campaigns.

Important: AppShout acts solely as an intermediary marketplace platform. We are not a party to any agreement between Developers and Creators. We do not guarantee, endorse, or assume responsibility for any products, services, or content provided by users of the platform.

Any contract for promotional services is formed directly between the Developer and Creator. AppShout facilitates communication, payment processing, and dispute resolution but does not employ Creators or guarantee campaign outcomes.

3. User Accounts & Verification

You must provide accurate, complete information when creating an account. You are responsible for maintaining the security of your account credentials. One person or entity may not maintain more than one account without prior written approval.

We reserve the right to verify user identities and may require additional documentation. Accounts found to contain false information may be suspended or terminated without notice.

You are solely responsible for all activity that occurs under your account.

4. Escrow Payment System

To protect both parties, AppShout uses an escrow payment system:

• Fund Authorization: When a Developer accepts a Creator's application, payment is authorized and held in escrow.
• Content Submission: The Creator must submit proof of completed promotional content (including public URL and screenshot verification).
• Approval Window: The Developer has 7 days to review and approve or request revisions.
• Automatic Release: If the Developer does not respond within 7 days of a valid submission, funds are automatically released to the Creator.
• Dispute Period: Either party may open a dispute within 14 days of payment release.

AppShout charges a 5% platform fee to creators and 10% to developers and brands on all successful transactions. Fees are deducted from the payment before transfer to the Creator. All payments are processed in USD via Stripe.

5. Creator Obligations

Creators agree to:

• Provide accurate information about their audience, reach, and engagement metrics
• Complete accepted campaigns within the agreed timeframe
• Maintain promotional content as public and accessible for a minimum of 30 days unless otherwise specified
• Clearly disclose sponsored content in compliance with FTC guidelines and local regulations
• Not engage in artificial inflation of metrics (fake followers, bots, purchased engagement)
• Provide authentic, honest reviews and not make false or misleading claims about apps

Content Deletion Penalty: If a Creator deletes or makes private any promotional content within 30 days of submission without Developer consent, AppShout reserves the right to reverse payment and may suspend or terminate the Creator's account.

6. Developer Obligations

Developers agree to:

• Provide accurate information about their applications
• Maintain sufficient funds for authorized campaign payments
• Review and respond to submissions in good faith within the specified timeframe
• Not use the platform to promote applications that violate app store guidelines or applicable laws
• Provide Creators with any necessary access, assets, or information for campaign completion

7. Prohibited Activities

Users may not:

• Create multiple accounts or use fake identities
• Circumvent the platform's payment system (off-platform payments)
• Artificially manipulate reviews, ratings, or campaign metrics
• Harass, threaten, or discriminate against other users
• Share private communications or personal information without consent
• Use the platform for any illegal purpose
• Attempt to reverse-engineer, hack, or compromise platform security
• Submit fraudulent proof of content or falsify completion status

8. Content Guidelines & Intellectual Property

All promotional content must be honest, transparent, and comply with applicable advertising regulations. Creators retain ownership of their content. Upon approval and payment, Developers receive a non-exclusive, perpetual license to use approved content for promotional purposes related to the specified application.

Users grant AppShout a license to display profile information, campaign details, and approved content on the platform for operational purposes.

9. Dispute Resolution

If a dispute arises, users should first attempt to resolve it directly. If unsuccessful, either party may file a dispute with AppShout within 14 days of the transaction in question.

AppShout will review disputes and make a determination based on available evidence. Our decision is final and binding. We reserve the right to withhold disputed funds pending resolution.

For disputes exceeding $10,000 USD, either party may elect binding arbitration under the rules of the American Arbitration Association, with proceedings conducted in the State of Georgia, USA.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• AppShout is provided "as is" without warranties of any kind
• We do not guarantee campaign success, audience engagement, or any specific results
• We are not liable for any direct, indirect, incidental, consequential, or punitive damages
• Our total liability shall not exceed the platform fees paid by you in the 12 months preceding the claim
• We are not responsible for disputes, fraud, or breach of contract between users

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability shall be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless AppShout, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the platform, your violation of these Terms, or your violation of any rights of a third party.

12. Account Suspension & Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms of Service
• Engage in fraudulent activity
• Receive multiple verified complaints
• Remain inactive for more than 12 months

Users may delete their accounts at any time, subject to completing outstanding obligations and settling pending payments.

13. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via email or platform notification at least 30 days before taking effect. Continued use of the platform after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of law provisions. Any legal action must be brought in the state or federal courts located in Georgia.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.