Last updated: May 2023
Catappult is a software developed by Aptoide S.A. (“Aptoide”), a company with ID 509987184 and principal place of business at Rua Soeiro Pereira Gomes, Lote 1, 3D, 1649-031 Lisboa, Portugal which allows the distribution of products in the Aptoide App Store and other Apps distribution channels.
As used in these Terms and Conditions, "we" and "us" means Aptoide, and “you” and “user” means the person who accesses to Catappult and uses the services provided by Aptoide to distribute Apps.
If you do not agree with the Terms, you should not use, or cease to use, Catappult.
Catappult is a SaaS (Software as a Service) developed for professionals which allows the distribution of Apps.
In order to have access to Catappult services you must first enter into a distribution or partnership agreement with Aptoide, which will detail the terms and conditions applicable to the Catappult services which will be provided to you (the “Agreement”).
By using Catappult, you acknowledge that you have read, understood and agreed to the Terms.
When agreeing with these Terms, the user declares that, by accessing the Services, has the legal age and/or legal capacity to, according to the law, provide consent and be contractually bound in the execution and provision of the Services.
You agree to use Catappult only for purposes that are permitted by the Terms and the Agreement.
You agree that you will not violate any laws when using Catappult. This includes any local, provincial, state, federal, national, or international laws that may apply to you.
You agree that you will not engage in any activity that interferes with or disrupts Catappult (or the servers and networks which are connected to the protocol).
You agree that you are solely responsible for (and that Aptoide has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage) of any such breach.
Catappult is a software developed for professionals to allow the distribution of Apps in different distribution channels.
By registering in Catappult, or when you log-in for the first time in Catappult with your credentials, a Wallet will automatically be added to your account(Wallet Account). All transactions made through Catappult will be managed by such Wallet Account.
Catappult will allow you to:
In consideration for the use of the Services, you undertake to pay to Aptoide an annual fee. The amount of the annual fee is determined by Aptoide and is available in your account. Catappult fee is refundable in the first 30 days and before any of your Apps starts to be distributed in Catappult.
The annual fee is due when you first subscribe to Catappult Services and will be due every subsequent year on the same date. Payment of the annual fee may be performed through your Certified Developer Account by using your credit card, PayPal account or other available payment methods.
By paying the annual fee you will have immediate access to the Services.
Apps and other materials made available while using the Services (“Content”) must comply with the following:
You also undertake not to upload or otherwise make available Apps or any other materials that:
In case Aptoide detects Content that does not comply with these Terms, Aptoide may, without prejudice of Aptoide’s rights to terminate any agreement with you, remove or disable access to such Content.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate user information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct related to alleged violations of these Terms.
In using Catappult you may view content or utilize services provided by third parties, including hyperlinks to other web sites or content or resources (“Third-Party Content”).
Sometimes when you use the Third-Party Content, you may use a service or download a piece of software which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
You acknowledge and agree that Aptoide is not responsible for the availability of any such external sites or resources, and does not control, endorse or adopt any advertising, products or other materials on or available from such web sites or resources.
Users who conduct transactions or take part in other activities through the Third-Party Content do so at their own risk. You acknowledge and agree that Aptoide is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
You acknowledge and agree that Aptoide (or Aptoide licensors) own all legal right, title and interest in and to Catappult and its related components, including any intellectual property rights which subsist in Catappult (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Nothing in the Terms gives you a right to use any of Aptoide’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Catappult contains copyright material which is protected by intellectual property rights. You acknowledge that the property and title for all the rights of intellectual property, including the rights for the software, codes, copyrights, trademarks and commercial secrets, are and shall remain the property of Aptoide (or its licensors).
In the same way, the workflow processes, user interface, designs, know-how and other technologies provided by Aptoide as part of the Services, as well as all the rights, titles and interests related to them, including all associated intellectual property rights, are Aptoide’s property.
Aptoide grants, within the reasonable knowledge that it has, that it will not violate the intellectual property rights of third parties.
All the rights not expressly provided for and listed in this Clause are reserved to Aptoide and cannot be interpreted in any other way at any time, and, in case of doubt, shall always be interpreted as meaning that the use, in case of doubt, is expressly prohibited by Aptoide.
The following actions are expressly prohibited to the user:
If you breach any of the provisions above, Aptoide has the right to immediately terminate any Agreement entered with you and to suspend your access to the Services.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WALLID’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OS THE SERVICES IS AT YOUR SOLE RISK AND THAT STOREID IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE.” WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY OR ERROR-FREE.
IN PARTICULAR, WALLID, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APTOIDE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS BE LIABLE TO YOU UNDER CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM:
THE LIMITATIONS ON APTOIDE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT APTOIDE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR THE ARISING OF ANY SUCH LOSSES.
You commit not to use software tools to collect personal data, such as robots, crawlers or other automatic mechanisms.
Aptoide ensures that the Services will be up to date, and that any updates will result from the maintenance services automatically provided by Aptoide, as programmed by Aptoide.
Aptoide will employ its best efforts for a continuous availability to the Services, but cannot guarantee that it will occur, which the user accepts, waiving at any compensation due to the absence of availability.
The user accepts and acknowledges that performance and availability issues may occur as a cause and/or origin:
The entry into force of new policies after the date of the Terms, will result in the amendment of the Terms through their integration. In case of contradiction or non-conformity between documents that integrate the Terms, these prevail over the policies. In any case, the specific Agreement entered into with Aptoide will prevail over these Terms and other policies.
Aptoide can, at any moment, update, modify or replace any part of the Terms by publishing those changes in an accessible channel for the user.
The user acknowledges that the continued use and access to the Services after any updates, modifications or substitutions to the Terms constitutes acceptance and agreement with such updates, modifications or substitutions.
If any provision of the Terms is declared unlawful, void or ineffective, such provision shall be replaced, in whole or in part, by another that is valid, so as to best reflect the terms of the Clause in question.
The user agrees to guarantee Aptoide’s position, and defend it, as well as its social bodies, employees, partners, agents, and service providers, from any claim or demand made by any third party due to or arising out their violation of the Terms, as well as the violation of any laws or third party rights.
The failure to require, at any time, user’s compliance with any of its contractual obligations, does not imply a waiver of any rights, nor does it constitute the acquisition of a right by the user.
The Terms are governed by the Portuguese Law.
For the resolution of any litigation arising from the Terms, if not settled by agreement, exclusive jurisdiction is assigned to the District Court of Lisboa, expressly renouncing to any other, unless it overlaps by the virtue of law.