AppSealing Terms of Service
Last updated: Feb 1st, 2020

This AppSealing Service Agreement (the "Agreement") is by and between You (individually and/or on behalf of the organization which You represent) and INKA Entworks Inc.  ("INKA" or "We") and takes place when You click an "I Accept" button or checkbox presented with these terms or, if earlier, when You agree to all of the terms and conditions of this Agreement. You represent to us that You are lawfully able to enter into contracts.
Your represent that you are lawfully allowed and able to enter into contract, as per the Laws of your Jurisdiction. If You do not have the authority to bind the customer or You or do not agree to any of the Terms below, INKA is unwilling to provide the software and Service, and You should not click to Accept the Terms of this Agreement and You should discontinue the order, download and/or installation process.

1. DEFINITIONS
The following terms shall have the following meanings when used in this Agreement:
1.1 "Agreement" means this AppSealing Service Agreement.
1.2 "User" means those who create an account associated with a valid e-mail address and permitted to use service by INKA.
1.3 "End User" means any individual or entity that directly or indirectly runs Your mobile applications through another user.
1.4 "Service site" means https://www.appsealing.com and/or any successor or related site designated by INKA
1.5 "Documentation" means all manuals, documentation and other related materials, or any portion thereof, pertaining to the Services and/or Software provided or made available by INKA to You in conjunction with the Services and/or Software.
1.6 "Software" means the computer programs and all related files, or any portion thereof, as may be amended from time to time and provided or made available by INKA to You under the terms of this Agreement.
1.7 "Service" means a service or services developed and designed by INKA in order to protect mobile applications, and prevents such mobile applications from any illegal activities, including, but not limited to, illegal computer source distribution/use and code alteration of the application.
1.8 "Device" means the number of unique device operating mobile application(s) that uses AppSealing Service and its software within a calendar month. 
1.9 "Business Day" shall mean a day other than a Saturday, Sunday or public holiday in USA.
1.10 "Privacy Policy" shall mean the privacy policy published on our site. 

2. USE OF THE SERVICE
2.1 To Access and use the Service, You must create an account with a valid email address. Except where INKA has notice of loss, theft or unauthorized use of user's account information, You are solely responsible for all activities that occur under Your account, regardless of whether the activities are undertaken by You, Your employees or by third party with your permission or Your affiliates or agents. 
2.2 Where we offer You the ability to choose Your own name(s) in connection with the Services, we will use reasonable efforts to assign such name(s) to You upon Your request, provided however that You may not select, and we reserve the right to reject, any name that (i) has already been assigned, (ii) in our sole discretion, is offensive, violates applicable law, attempts to reserve name(s) without the intent to use them, attempts to impersonate another, (iii) or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask You to select another name or terminate this Agreement.
2.3 INKA may, from time to time, change, discontinue and remove features or functionality or the Service. The feature and functionality will be in English language, however, We may provide translation in regional language; and the English version will prevail when there is confusion. INKA will notify You of any material change to the Service, before the implementation of the changes, through the user interface, or in an email linked to Your account, or through other reasonable means. You will be deemed to have accepted the Agreement, as amended, if You continue to use the Services after the features are modified.  If You do not agree to the changes, You must discontinue the Services, including canceling any paid Services. Discontinuing use of the Services will not affect the applicability of the Agreement to Your prior uses of the Services.

3. LICENSES
3.1 INKA hereby grants, and You hereby accept, subject to the terms and conditions of this Agreement, revocable, non-exclusive, non-assignable, limited, worldwide license to use the Services, Software and Documentation.
3.2 From time to time, and without prior notice to You, INKA may provide updates of the Software, or may issue upgraded versions of the Software. However, INKA shall be under no obligation to do so. All updates/upgrades provided by INKA will be subject to this Agreement and any amendments made to the Agreement from time to time.
3.3 You shall only use the Services, Software and Documentation for Your own personal use or in support of Your own business and shall not make the Services, Software or Documentation available to any third party.
3.4 Except expressly permitted by INKA, You shall not (i) sublicense, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any part thereof in any way, or (ii) modify, make derivative works based upon the Service or reverse engineering, decompile, or disassemble the Service.

4. YOUR RESPONSIBILITIES
4.1 You are solely responsible for the content of any communications or mobile application by You with third parties or end user including any communications about, concerning or through the Services or Software. INKA will not review or screen Your Content on a regular basis for compliance with this Agreement or applicable law. Although INKA is not responsible for any such content, we may delete any such content of which we become aware of, at any time without notice to You.
4.2 You shall be responsible for securely backing up the source code of mobile application for which You use the service. The Service does not provide any backup service of the mobile application or the source code of such application which You uploaded to the Service site.

5. FEES AND PAYMENT
5.1 We calculate and bill fees and charges monthly. INKA shall issue the invoice to the User's email account within Ten (10) business days from the last day of the previous calendar month. INKA Entworks Inc., will collect fees in its account directly or through payment gateway, which is Stripe presently, or as may be changed by INKA subsequently. The details of payment gateway will be displayed on our site, while placing order and making payment.
5.2 You shall pay INKA the applicable fees and charges within Twenty (20) business days from the date of the issuance of an invoice for use of the Service as described on the Service Site using one of the payment methods we support. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges to the Service site.
5.3 Late payments shall be subject to late fees at the rate of 1.5% per month or the maximum rate allowed by law, which is higher. The stipulation of payment of late fees shall not debar INKA from Suspending services, solely at the discretion of INKA. If You fail to pay applicable fees and charges by the due date, or in case of any fraudulent activities, INKA shall have the right to immediately suspend delivery of all or a portion of the Service to You.
5.4 All fees and charges payable by You are exclusive of applicable taxes and duties, including but not limited to, any applicable value added tax, sales tax, or excise tax. However, to effectuate due compliance of tax laws, we will collect taxes from You and hence, our invoice will be inclusive of tax, as may be applicable on the date of transaction, but, any tax or liability which is unforeseen at the time of raising invoice or due to omission such tax was not levied or any futuristic tax or levy will be Your liability. You will be responsible for identifying and paying all taxes and government charges as per Your jurisdiction.

6. TERM AND TERMINATION
6.1 The terms of this Agreement will commence on the Effective Date and will remain in effect until terminated by You or us in accordance with this Agreement.
6.2 You may terminate this Agreement for any reason by providing us notice and closing Your account for the Service. We may terminate this agreement for any reason by providing You 30 days advance notice.
6.3 Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party until the defaulting party has cured the material default or breach within 30 days notice period.
6.4 Upon any termination of this Agreement, all Your rights under this Agreement are immediately terminated.  We do not have a refund policy and therefore, no refund will be given to You in case of any termination.  You will be required to pay all charges for the Services prior to the date of cancellation or termination of Services and Your account.
6.5 Upon the termination, You shall immediately return or, destroy all software and documentation of the Service in Your possession.
6.6 You shall have Your mobile application run without any features and functions added by the Service immediately. The features and functions of the Service can be removed by rebuilding Your application on Your side without uploading to the Service site.

7. TITLE & OWNERSHIP
7.1 You agree that title to and ownership of the Services, Software (including all source code) and Documentation and any modifications made thereto and all intellectual property rights (IPR) therein shall at all times be held by INKA or its suppliers. You shall not be entitled to, and shall not claim any IPR even if you provide any information by way of suggestion or any other interaction, and such information provided by you culminates in our further product development. 
7.2 You shall not have any right, title or ownership interest in the Services, Software and Documentation except the limited right to use the Services, Software and Documentation as explicitly provided in this Agreement.

8. CONFIDENTIALITY
8.1 Unless required otherwise by law, all information exchanged between INKA and You will be considered non-confidential. If You wish to exchange confidential information, such an exchange will be made under a separate confidentiality agreement.
8.2 Notwithstanding the foregoing, You acknowledge and agree that the Services, Software and Documentation contain valuable confidential information and proprietary technology of INKA and its suppliers. The Services, Software and Documentation, other than through its normal usage, shall be kept in confidence and not used for any purpose other than as permitted hereunder and shall not be disclosed to any third party except as required for You to use the Services and Software.
8.3 You may not create derivative forms or modify, decompile or reverse engineering the Software or do anything that will reveal or generate the source code of the Software. Any such act will be deemed to constitute a trespass on the rights, titles and interests of INKA and its suppliers, and constitute a proper ground for immediate termination of this Agreement, and consequent legal action.

9. MODIFICATIONS OF THE AGREEMENT
We may modify this Agreement (including any Policies) at any time by posting a revised version on the Service Site and we may send a message to the email address associated with Your account. The modified terms will become effective upon posting or, sending a message to Your email address. You agree to be bound to any changes to this Agreement when You use the service after any such modification is posted. It is therefore important that You review this Agreement regularly to ensure You are updated as to any changes. It is Your responsibility to check the Service Site regularly for modifications to this Agreement and keep Your email address current. If You do not agree to the changes, You must discontinue the Services, including cancelling any paid Services. Discontinuing use of the Services will not affect the applicability of the Agreement to Your prior uses of the Services

10. DATA COLLECTION
10.1 You understand and agree that using the Service will enable INKA to collect, store, and use data relating to application package name, rooting status, OS (Operating System) version and model name of the end user's device and country code.
10.2 You shall publicly post, maintain, and comply with an accurate privacy policy consistent with this Agreement and ensure that You have any and all necessary rights (including, to the extent necessary, the express consent of End Users) to enable INKA to lawfully collect and share the data under this Agreement and any applicable separate agreement of INKA's Service.

11. WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1 You acknowledge that You have or will have independently determined that the Services, Software and Documentation meet Your requirements and that You shall not rely on any representation made, or information provided, by INKA as to the suitability of the Services, Software or Documentation for any particular purpose.
11.2 You agree to indemnify and hold harmless INKA from and against any claims, demands or causes of action whatsoever, and shall defend or settle all claims and actions brought against INKA by third parties arising out of or related (i) to Your use of the Services, Software or Documentation and any third party access or use of same, or (ii) Your breach of the Agreement or any other restrictions or guidelines provided by INKA.
11.3 EXCEPT AS OTHERWISE EXPLICITLY SET OUT HEREIN INKA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS CONCERNING THE SERVICES, SOFTWARE OR DOCUMENTATION, INCLUDING ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF DESIGN, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON- INFRINGEMENT OR PERFORMANCE AND ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT MIGHT OTHERWISE ARISE DURING THE COURSE OF DEALING, USAGE OR TRADE AND THOSE WHICH MAY BE IMPLIED BY LAW. INKA DOES NOT WARRANT THAT INKA'S ANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPSEALING SERVICES AND OTHER SERVICES RENDERED BY INKA, INKA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INKA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INKA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS AGREEMENT SETS OUT THE ENTIRE EXTENT OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICES, SOFTWARE AND DOCUMENTATION AND NO AGENT OF INKA IS AUTHORIZED TO ALTER SAME. ALL ALTERATIONS SHALL BE IN WRITING AND SIGNED BY INKA.
11.4 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, SOFTWARE AND DOCUMENTATION.
11.5 IN NO EVENT SHALL INKA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SERVICES, SOFTWARE OR, DOCUMETATION, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
11.6 THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR INKA TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY INKA, INKA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
11.7 SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LAWS OF THOSE JURISDICTIONS WILL APPLY, TO THE EXTENT OF CONFLICT. 
11.8 NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, INKA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT AND THE LICENSE AND USE OF THE SERVICES, SOFTWARE OR DOCUMENTATION UNDER ANY AND ALL CIRCUMSTANCES, ARISING IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF: (A) THREE HUNDRED ($300.00) US DOLLARS, OR (B) THE LICENSE FEES ACTUALLY PAID BY YOU TO INKA UNDER THIS AGREEMENT IN THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE FINAL ACT OR EVENT WHICH GAVE RISE TO SUCH LIABILITY.

12. NON ASSIGNABILITY
You shall not assign this Agreement or any of Your rights hereunder without the prior written consent of INKA.

13. MISCELLANEOUS
13.1 This Agreement as amended from time to time contains the entire understanding and agreement between INKA and You respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except in the manner described above or by an instrument in writing signed by each party's duly authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
13.2 All notices, authorizations and requests in connection with this Agreement shall be done in English language, and deemed to be made in USA and the effect to be given (i) immediately if personally delivered or if provided by e-mail, (ii) five days after being deposited in the mail, postage prepaid, certified or registered, return receipt requested; or (iii) one day after being sent by overnight courier, charges prepaid; and addressed as first given above or to such other address as the party to receive the notice designates by written notice to the other.
13.3 Governing Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of USA (without reference to conflicts of laws principles), and the proceedings shall be conducted in English language. The Services shall be deemed to be provided from USA, and this Agreement to be, in all respects, a USA contract.
13.4 Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement and any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable that provision in any other jurisdiction. For any provision severed there will be deemed substituted a like provision to accomplish the intent of the parties as closely as possible to the provision as drafted, as determined by any court or arbitrator having jurisdiction over any relevant proceeding, to the extent permitted by the applicable law.
13.5 Force Majeure.  INKA shall be under no liability whatsoever in the event of non-availability of any portion of the Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure or any other cause whatsoever beyond the control of INKA.