Terms & Conditions
Developer Terms & Conditions
1. Terms and Conditions
ChupaMobiles may change the Terms and Conditions, partly or in whole at any time and those changes will be valid on the time of posting them to the site. When you use our website you choose to agree to these terms.
2. Trade Marks
Whoever owns the rights to the materials published on this site will keep his rights on those materials.
Note(Seller keeps the app graphics rights and buyer who buys the source code have to reskin the code and upload on platforms)
3. Developers Terms and Conditions
All uploaded materials will be visible on the web, except for paid files which will become visible to buyers who purchased your code. When you click ‘submit’ and upon approval of your product on this site you accept the terms and conditions and you are in a legal agreement between you and ChupaMobiles in relation to this site. If you are submitting files and content on the behalf of your company your declare that you have the legal authority to do so and to bind your company into an agreement of the terms and condition written here. you are also stating that you are at least 18 years old.
4. Developers
ChupaMobiles reserves full independent rights to:
not grant you with a developer account;
to suspend your account at any time without further notice.
ChupaMobiles will not be obliged to provide reasons for the decision to reject your request for an account or for the suspension of your account. You are the only authorized and hold the sole responsibility to every access and use of the site with your username and password. In case there is any unauthorized use of your login details you must notify ChupaMobiles immediately.
5. Copyright Infringements And DMCA TAKEDOWN NOTICES
In case you think there had been a copyright violation of your products please email this information to sales@chupamobiles.com. Please note to add the following to your email:
Your name, address, email
In case you are a business then – business name, business address
A link and an explanation to the located copyrighted materials
A proof that you are the owner of the copyrighted material
We will inquire into your report and ask for more information in case needed to proceed the inquiry.
DMCA TAKEDOWN NOTICES
with each product you submit on the ChupaMobiles.com marketplace you are approving our terms and conditions which grants us a full power of attorney to file DMCA takedown notices on your behalf.
We do this when you report to us a listing / infringement of your work is found on another website that you didn’t approve it’s sales.
We will be filing these DMCA takedown notices in your behalf as your Representatives.
6. ChupaMobiles’s Role
The developer is the only owner of the codes he/she chooses to list on this site and ChupaMobiles has no rights of ownership or to use the uploaded codes. ChupaMobiles doesn’t control and will not be held responsible for the quality, legality or safety of the content or codes that are sold and downloaded from this site. ChupaMobiles gives no guarantee that any of the materials on the site do not infringe the intellectual property of others. If you suspect a copyright infringement you can submit it in accordance to section 5 in this agreement.
7. Site Usage and Maintenance
ChupaMobiles reserves the right to partially or fully stop the access to the site for you or for a complete shutdown of the site in general. From time to time and to ChupaMobiles’s sole discretion the site might be down for maintenance. All of the stated in this section can be done without any given notice. ChupaMobiles will not be held liable to a loss caused by one or all of the mentioned above in this section.
8. Fees and Services
Registering to the site both as a buyer and as a developer is free of charge. Buyers will pay for the products they choose to purchase. in case a buyer is located in Europe and purchases privately (buyer doesn’t purchase for a company) VAT will be added in accordance to MOSS VAT laws. As a developer you will be paid a commission for each product sold on the site. Buyers can purchase using credit card and PayPal. Developers gets paid via PayPal or Payoneer The developer shall pay all fees and costs that are necessary for the payout of his commissions.
9. Developers Credibility of Information
By applying to become a developer on this site you declare that all of the details you have stated relating to you and your business are 100% correct and up to date.
10. Security and Privacy
ChupaMobiles doesn’t guarantee the security of your data and any materials that’s uploaded onto this site. We do maintain our own security mechanisms on the site to control and protect all of the data on the site.
11. Payments
Payments of earnings will be done as follows:
There is a threshold of $100 that needs to be met in order to request a payout.
payouts will be made using PayPal or via Payoneer.
In case of earnings that are less than $100 the payout will occur after 120 days from the last purchase on the developers account.
The developer shall pay all fees and costs that are necessary for the payout of his commissions.
You allow ChupaMobiles in case of any of the following: refunds, chargeback and unauthorized transactions to automatically deduct these amounts from your commissions.
In any case that a buyer will request a refund within a period of 30 days due to the reasons: product is not as described, code is broken or doesn’t run properly you approve automatically to grant the buyer a full refund. this will occur only if the buyer had made the claim in accordance with our refund policy and his statements seem valid.
12. Purchasing products
Orders that are made on this site cannot be cancelled. if you think there is a special reason for a refund request that does not meet our refund policy definitions you can email your request to sales@ChupaMobiles.com. ChupaMobiles reserves the right to reject your request for a refund in case it doesn’t meet our refund policy.
13. Selling Products
As a developer your guarantee to ChupaMobiles and buyers that your products:
All of your products are fully owned by you including the intellectual property rights.
Your products do not infringe copyrights or intellectual properties of others.
Your products are not stolen.
Your products are not harassing in an unlawful manner or act in an unlawful manner.
Your products are allowed to use for age groups below 18 years old and do not contain pornographic or malicious content.
Your products are free of any spyware, malware, or any malicious code for any type of computer, smartphone or tablet device.
Your products cannot lead to termination of service from an ISP.
Your products do not violate the laws of any state.
13.1 Additional terms for selling your products on our site
All products that are on this site are first reviewed by the ChupaMobiles team.
ChupaMobiles doesn’t have to approve your product listing at it’s sole discretion and will not be obliged to state the reasons for rejection.
If one or all of the products you have uploaded to the site is found to violate the terms and conditions of the site, ChupaMobiles can suspend your account and the money earned will be returned to you only after the dispute resolution is cleared. in case there is sufficient proof that you have violated one or more terms in this agreement ChupaMobiles reserves the right to deny the stored commissions on the suspended account.
We reserve the right to edit and change the prices and the content of the listings at our own sole discretion.
We reserve the right to eliminate any listed item without any notice and with not obligation to state the reasons for removal. to remove any doubt there will be no refunds of no kind for losses that will be claimed due to the removal of your product/s from the site.
ChupaMobiles will not be held responsible for the way that the buyers will choose to use your products.
You agree that your product/s & creative might be used in promotional and marketing materials to promote the site, this might include creative images & app preview videos.
The minimum listing time of your approved items on the site is for a minimum period of 9 months from the moment it got approved.
During the listing period you may list your items freely on any other marketplace on the web but you may not grant exclusivity to other marketplaces on items you have published during this period.
in case requests for removal of items due to signing exclusivity with other marketplaces the agreement that will be followed is your agreement with ChupaMobiles.
14. Disclaimer
ChupaMobiles does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
All content, materials and products on this site are provided AS IS AND WITHOUT WARRANTIES OF ANY KIND.
ChupaMobiles does not guarantee that the site is free of errors and that the server that hosts the site is free of viruses or other harmful or malicious components.
15. Commissions
You as a developer approve ChupaMobiles to subtract it’s commission from each sale you make.
Commissions might change in accordance to agreements.
As a developer you are eligible to receive a commission of 60% for each code you sell.
Developers are eligible to receive commissions only from selling their source codes. any other services provided by ChupaMobiles in addition to the sale of your product including but not limited to: reskin jobs, graphic designs, audio packs, meta data/aso etc and all the income deriving from it belong solely to ChupaMobiles and when becoming a developer on our site you agree to these terms.
There are commission fees that will be charged for each sold product. these fees are determined by ChupaMobiles and at it’s sole discretion and might change from time to time.
16. Prohibited Conduct
You warrant that when using the site and it’s services you will not:
Use a false email address or data;
Insert your own or a third party’s advertising and use the service for any further commercial or promotional purposes.
Engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or attempt to gain unauthorized access to other computer systems through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
ChupaMobiles reserves full right to determine at it’s sole discretion if there was a breach in these terms and suspend your account without any notice or explanation.
17. Forums
You are responsible for any of the materials that you post on the site. we reserve rights but are not obliged to edit, review and modify the materials that you have posted on site. ChupaMobiles at it’s sole discretion reserves the right to block and delete content that will be found to violate our terms or content that will use violent or offensive terminology.
18. Indemnification
You will be held liable and responsible solely for any direct and indirect claims and expenses (including any legal fees) that arise from the following matters:
any product you have uploaded to the site.
your usage of the site.
any content, graphic materials or files you have uploaded to the site.
any breach of the terms and conditions in this agreement.
20. Jurisdiction
Jurisdiction for any dispute is the Court of Dublin Ireland.
21. Definitions
In these Terms and Conditions:
Developer is a person who applied to become a developer on ChupaMobiles and had filled a form with his details and agreed to the terms and conditions.
Buyers means a person or a company that bought a product or service on this site.
We or us means ChupaMobiles.
Our site and this site means ChupaMobiles.
You or your means developer or buyer.