Terms of Use for AppBounty and AppHunter (a Product of Advertile Mobile GmbH)

AppBounty and AppHunter is provided by Advertile Mobile GmbH (hereinafter referred to as “Advertile Mobile”). Users of the site www.appbounty.net and the AppBounty and AppHunter application (the “Services”) have the opportunity to participate by completing offers or sending invites in order to receive credits. These credits can then be exchanged for rewards. This Terms of Use sets forth the standards of use of the Services, by using the Services the user agrees to these terms and conditions.

1. Scope

1.1 Within the framework of the users’ own technical and operational possibilities Advertile Mobile allows the users (private, noncommercial end-users) to participate in the Services. Advertile Mobile provides all Services solely based on these terms of use (hereinafter referred to as “Terms of Use”).

1.2 Advertile Mobile may utilize the services of third parties for the Services, such as other party’s apps, websites and app stores. Advertile Mobile does not instruct, and has no control over third party services that are not provided directly by Advertile Mobile. Advertile Mobile or the third party will identify these services in a suitable manner. Any issues in connection with third party services are not affected by these Terms of Use. Advertile Mobile is not responsible for third party services, which may be subject to general terms and conditions applied by third party providers.

1.3 Applications for mobile devices (in these Terms of Use referred to as “Apps”) are generally not directly provided by Advertile Mobile but by third party providers (in these Terms of Use referred to as “App Store”). A separate user account may be necessary for this purpose.

2. Users eligible to participate

2.1 Advertile Mobile offers its Services to end-users/consumers only. It is prohibited to use the Services for commercial purposes. Participation in the Services is for entertainment purposes only.

2.2 Only persons of legal age or persons whose legal guardians have provided consent to the use are allowed participation.

2.3 With his/her participation in a Service, the user represents that he/she is of legal age and of legal capacity. If the user is a minor, then the legal guardian must provide consent. Advertile Mobile is entitled to request at any time a written proof of the user’s legal age or the written consent of the legal guardian.

2.4 As soon as a minor uses the Service after he/she becomes of legal age, then all agreements in connection with him/her concluded before achieving legal age are deemed approved, provided that he/she does not revoke the approval toward Advertile Mobile within two weeks upon reaching legal age.

3. Credits / gift cards / data connections

3.1 The user can earn credits for the completion of defined actions, such as downloading and starting an App. These defined actions may also include further requirements such as playing a downloaded game until the user reaches a certain level, or watching a video, before the credits are earned. Such required actions are regularly defined by the third party offering the respective App or other offers.

3.2 Furthermore the user may earn credits for successful invites of other users. An invite is successful and potentially eligible for being rewarded with credits under the condition of this Terms of Use, if the user follows the invite link or uses the invite code and subsequently performs and completes the defined actions.

3.3 The user shall only receive credits if he/she has completed all steps defined in order to fulfill the required actions. The fulfillment of the required actions will be tracked by the third party providing the App or other offers and this tracking shall be decisive. The user may be required to install and use related services and Apps as advised by Advertile Mobile in this regard.

3.4 Should the user believe that he/she has fulfilled all required actions and that the tracking was not successful nevertheless, the user shall inform Advertile Mobile thereof, submitting any proof available to the user. Advertile Mobile shall then endeavor and use reasonable efforts to contact the third party offering the respective App in order to resolve the situation.

3.5 The credits of a user expire if the user permanently ceases to engage with the Service anymore. User is deemed to have permanently ceased engagement after 60 days of inactivity over AppBounty and AppHunter. Inactivity means that the user did not complete any offers, invites or gift card and/or other reward purchases in the last 60 days.

3.6 Credits available to the user can be used to receive rewards in the form of gift cards or other rewards, as offered by the service from time to time.

3.7 Advertile Mobile is entitled to change the offering of gift cards and/or other rewards available, and to reduce and/or increase the credits required for gift card and/or other reward purchases.

3.8 Gift cards and/or other rewards received by the user are subject to any terms and conditions of the issuer of such gift cards and/or other rewards, for example in regard to term of their validity. Section 3.4 applies.

3.9 Services can be used via landline connections and mobile data connections. The prices for the utilization of data are described in the corresponding provider’s description of services. Advertile Mobile cannot provide any support in connection therewith.

4. Limits of use / prohibited conduct

4.1 Advertile Mobile provides the services solely for use in accordance with these Terms of Use. Automated use is prohibited. Only the official Apps or websites provided by Advertile Mobile may be used to connect to the services. The user may not create, support, host, link or provide any other options, which can be used by another person to use the services.

4.2 The participation in the Services by the same user utilizing several accounts devices and/or resetting the device identifier is prohibited.

4.3 The user is prohibited from transferring his/her credits or codes (like the invite code) to third parties without the prior written consent of Advertile Mobile. In case that Advertile Mobile extends its consent to the transfer of credits or codes, the user is not entitled to receive any fee unless expressly permitted by Advertile Mobile.

4.4 The user is not entitled to use any means, mechanisms or software in connection with any service provided by Advertile Mobile, which can disturb the function and the service’s process. The user may not undertake any action, which can result in an unreasonable or excess load of the technical capacities of Advertile Mobile. In particular, the user is not permitted to block, overwrite or modify the contents generated by Advertile Mobile unless Advertile Mobile has permitted it specifically in writing.

4.5 The user will refrain from anything that could endanger the performance and availability of the services or any other services.

4.6 The user is not permitted to add elements to a service or to change, delete or modify in any other manner any service elements without the express prior written consent of Advertile Mobile. In particular, the user is not permitted to copy, remove or otherwise utilize any graphic elements or to try to decompile the source code of services. This does not apply to the extent that decompiling has been permitted in accordance with Section 69e of the German Copyright Act (UrhG).

4.7 The user may not utilize any ancillary means, which maliciously modify the service score or the service process (specifically so-called “bots”, “hacks” or “cheats”). In addition, the user may not offer or promote such ancillary means. In particular, the user is prohibited from using third party software or other applications to obtain credits such as the systematic or automatic control of service functions. The same applies to the intentional utilization of program errors (“exploits”) for one’s own benefit. In particular the user is prohibited from manipulating callbacks or other parameters in order to pretend completion of an offer.

4.8 The user is prohibited from selling, purchasing, renting, leasing, offering, accepting, disseminating or copying credits within and/or outside the services – in whatever form – including to third parties. The acquisition of credits against consideration in any form is expressly prohibited.

4.9 The user is prohibited to gain access to offers which are reserved for users from another country by using a VPN or spoofing the IP address.

4.10 Advertile Mobile is entitled to take reasonable measures to prevent or curtail violations against this Section 4. In addition, in case of such violations, Advertile Mobile is entitled to block the user and delete the credits of the user. There is no entitlement to the recovery of deleted credits.

4.11 Advertile Mobile is authorized to implement suitable measures and programs to uncover any contractual violations of users. Advertile Mobile can set a reasonable deadline for a written statement for the user, in the event of a justifiable reason. If the statement of the user is unsuitable to dispel the suspicion of a violation or culpable act of the user, then Advertile Mobile is entitled to assume a culpable violation of contractual duties. Advertile Mobile reserves the right to check individual actions for plausibility and compatibility with this Section 4 and – if necessary – to stop these actions.

4.12 Advertile Mobile is entitled to transmit user data and user content to third parties and/or delete these provided it is permitted under legal provisions or mandated by court or government order. The same applies to the disclosure of user information.

4.13 If a user’s account has been blocked, Advertile Mobile shall notify the user about the reason for the block. Blocking the user includes the right of Advertile Mobile to remove all contents and information from the blocked user immediately from the database and the Services.

4.14 Without the prior express written consent of Advertile Mobile, any blocked user is prohibited from using the Service again. If Advertile Mobile finds that this ban was violated, then Advertile Mobile has the right to block the use of the Services by the user permanently without prior announcement.

4.15 The provisions of this Section 4 do not limit the termination right of Advertile Mobile – particularly the right to terminate effective immediately – in accordance with Section 9. In addition, they do not limit the right of Advertile Mobile to exercise the virtual domiciliary right.

5. Duties and obligations of users

5.1 Advertile Mobile protects its systems against virus attacks. Despite all precautions, a virus attack can never be fully excluded.

5.2 Advertile Mobile is not responsible for damages or the loss of data, which can occur on the user’s mobile device by installing software that is not from Advertile Mobile.

5.3 The user agrees that user will under no circumstances participate in unauthorized use of the mobile device, Service instance, or credits of any other user. If a third party uses a Service instance after gaining access because user did not sufficiently secure it from third party access, then the user must allow being treated as if he/she has acted on his/her own. The same applies to the third party use of any mobile device. If the user does not use Services with his/her own mobile device or his/her own data connection then user must obtain consent from the respective owner. For this event, user guarantees Advertile Mobile that such consent was provided.

5.4 The user will inform Advertile Mobile immediately as soon as he/she becomes aware that unauthorized third parties have access to the user’s Service instance or unauthorized third parties use his/her mobile device.

5.5 In case of a justifiable suspicion that the user’s Service instance or mobile devices were used by third parties, then for security reasons Advertile Mobile has the right but it is not obliged to block the user at its own discretion and without prior notification.

5.6 Advertile Mobile communicates with the users generally by in-App notifications or push-notifications unless otherwise specified by these Terms of Use or by another agreement with the user. Advertile Mobile shall be entitled to choose any other suitable form of correspondence.

5.7 Users can contact Advertile Mobile through the customer support available via www.appbounty.net or mailto:support@appbounty.zendesk.com.

5.8 Advertile Mobile points out expressly that customer support representatives and personnel ordered to monitor compliance with service rules are not authorized to agree on any changes to the use agreement. This affects specifically hosts, service masters and customer support representatives.

6. Advancements / quality / roll-back/ deficiencies

6.1 Advertile Mobile grants the user access to Services in their available form or version. Changes and advancements can affect system requirements and compatibility requirements. The user has no claim for maintaining or reconstruction of a specific condition of scope of Services. Due to the continuous advancement of the Services, Advertile Mobile reserves the right to offer new kinds of credits, virtual currencies and premium features and/or to remove them from the offer, to change them. The user consents for Advertile Mobile to change the Services as described before continuously and to add, delete, re-introduce and change premium features. In addition, the user consents for Advertile Mobile to be able and to change properties, functions, or capacities of every service element at their own discretion.

6.2 The user acknowledges that Services can be subject to technical limitations or malfunctions.

6.3 Advertile Mobile is not liable for any errors that occur through external influences such as operating errors by the user, force majeure or any modifications that have not been carried out by Advertile Mobile or any other manipulations not within its influence or control.

7. Limited liability / availability

7.1 Since Advertile Mobile provides free services, Advertile Mobile shall only be liable for damage compensation if it caused the damage by gross negligence or willfully.

7.2 The replacement duty is always limited to the foreseeable damage in case of a violation of significant contractual duties.

7.3 The foreseeable damage in accordance with the above-referenced Section 7.2 shall be no more than EUR/USD 50 per user.

7.4 The above-referenced liability limitations do not apply to the liability in the event of injury to life, body and health or in case Advertile Mobile assumed a guarantee or in case of liability in accordance with the Product Liability Act. Advertile Mobile’ liability in accordance with Section § 44a of the German Telecommunication Act (TKG) remains unaffected.

7.5 Advertile Mobile is not responsible, and shall bear no responsibility or liability for errors on offers and services provided by third party advertisers.

7.6 Advertile Mobile may limit access to Services if required for the security of the network operation, the maintenance of the network integrity, particularly to avoid any serious malfunctions of the network, software or stored data.

8. Intellectual property rights and copyrights

8.1 Advertile Mobile is the exclusive owner or licensee of the rights of all contents of the respective Services. The content is protected under national and international law and particularly by copyright. The unauthorized dissemination, copying, deletion or any other violation of intellectual property rights and copyrights of Advertile Mobile are punishable under both civil and criminal law.

8.2 Within the framework of the use of the Services, Advertile Mobile provides in part software to the user. Advertile Mobile grants the user the non-exclusive right limited to the period of use of the Services for this software within the framework of a non-commercial use on the user’s respective mobile device. The user may only copy this software for the purpose of backup and archiving for personal purposes. The user agrees to retain the information about the intellectual property, which is marked on the software, also on copies of the software or in this software and to comply with all laws applicable to the use of the software.

8.3 The user is not permitted to copy the service or the software in whole or in part (with the exception of any necessary backup copy) or to disseminate, to sell, auction, rent, lease, modify, or develop derived works, to edit, translate, execute, exhibit, sub-license or generally transfer the service or the software. The user is not permitted to copy the service or the software for a fee or make it accessible to third parties for a fee and to lease or rent the service or the software or the rights thereof to third parties against payment of a fee or to transfer it in any other form to third parties for a fee or modify, translate, apply reverse engineering, to decompile or disassemble or to develop any other works derived on the basis of the service or software.

8.4 Advertile Mobile retains the rights on the intellectual property of all contents of the services as well as any other intellectual property rights on the Service or software.

8.5 Any remaining agreements on further licensing provisions for the service or software, which the user potentially accepts prior to using the Services, shall remain unaffected by the above-referenced provisions.

9. Contractual term, termination / virtual domiciliary right / extraordinary termination

9.1 The agreements between user and Advertile Mobile (e.g. use agreement for Services) are concluded for an unspecified time unless otherwise agreed in writing.

9.2 Both Parties have the right to terminate the agreements by giving an advance notice of seven working days unless otherwise agreed in writing.

9.3 If the user terminates the agreement, then Advertile Mobile does not pay out in real money any credit balances credited to the user.

9.4 The right of the Parties to terminate the use agreement at any time for a significant reason effective immediately remains unaffected by the above-referenced provisions. In particular, Advertile Mobile can terminate this agreement for a significant reason, if

  1. the user violates culpably any applicable laws or these Terms of Use, and the user continues to act in the same or similar manner despite warning letter;
  2. third parties (e.g. social network operators), through the registration function of which the user gains access to the service of Advertile Mobile, requests Advertile Mobile to delete the user data and/or to undertake any comparable actions;
  3. third parties (e.g. social network operators), through the registration function of which the user gains access to the service of Advertile Mobile, limit Advertile Mobile’ access to data.

9.5 Termination effective immediately is permissible in case of serious violations without the need for any advance-warning letter.

9.6 A serious violation is any violation that makes it unreasonable for Advertile Mobile to keep to the agreement.

9.7 The following cases shall be considered such in which it is unreasonable for Advertile Mobile to maintain the agreement:

  1. if the user violates the criminal code;
  2. b. if the user uses the Service in an impermissible manner.

9.8 Every termination must be in written form, whereby the written form is maintained by e-mail, and if terminated by user, the notice should copy the following address:

support@appbounty.zendesk.com. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require specification of the termination reasons.

10. Changes to the Terms of Use

10.1 Advertile Mobile reserves the right to amend these Terms of Use at any time effective prospectively provided that it seems necessary and it does not affect the user adversely under the principle of equity and good faith. In particular, any changes in the legal environment may require a change of these Terms of Use. Moreover, any new court decisions constitute a change in the legal situation. In addition, any changes and advancements of the Services may necessitate a change or an amendment to these Terms of Use.

10.2 Advertile Mobile may amend these Terms of Use from time to time, upon a two weeks’ advance notice (“Notice Period”), and pursuant to applicable law. Amended versions of these Terms of Use, including changes or modifications of any provision contained herein, will be announced on the Services’ website or in the Services and are effective upon the expiration of the Notice Period. If any modification or amendment is unacceptable to user, user’s only recourse is to immediately stop using the Services. In case the user continues to use the Services subsequent to the expiration of the Notice Period, the use will constitute a legally binding acceptance of the change, amendment or modification on the part of the user.

10.3 The user has the right to object to any change or amendment within two weeks after the date of publication and possibility of acknowledgment. In case of a timely objection, both Parties are entitled to an extraordinary right to terminate the agreement in accordance with the termination provisions specified in this Agreement. Other rights to terminate shall be unaffected thereby. If the user does not object within the objection period or if the user continues to use the Services, then the change or amendment is deemed accepted and becomes an integral element of the agreement.

10.4 Advertile Mobile will inform the user specifically of the changes in the Terms of Use and the possibility to object and cancel, of the deadline and the legal consequences, particularly the consequences of non-objection.

11. Miscellaneous

11.1 If one party delays, waives or fails to enforce his/her rights within the framework of these Terms of Use or the party grants deadlines to the other party, then the party does not hinder the applicability of the respective right.

11.2 The user is not entitled to assign to third parties his/her rights under this contractual relationship. Advertile Mobile is entitled to transfer to a third party any rights and duties under this contractual relationship. The user has the right to terminate the use of the Services effective immediately upon such transfer.

11.3 The agreements concluded based on these Terms of Use and therefore any claims in connection therewith are construed and governed exclusively by the law of the Federal Republic of Germany. The provisions of the unified UN Convention on the International Sale of Goods (CISG) are expressly excluded.

11.4 If individual provisions of these Terms of Use are or become ineffective, it does not affect the effectiveness of the remaining provisions.

Berlin / April, 2016

An offer of:

Advertile Mobile GmbH
Wallstraße 9-13
10179 Berlin
Registergericht: Amtsgericht Charlottenburg, HRB 144418 B
VAT Id: DE 285186661