Terms of Service

1. Acceptance of Terms

These Terms constitute a binding agreement between you and AppChex ("AppChex," "us," "we," or "our"). By accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms and all applicable laws and regulations.

2. Eligibility

The Services are available only to individuals who are at least 18 years of age. By using the Services, you represent and warrant that you meet this requirement. Use by minors is prohibited.

3. Description of Services

AppChex provides a software-as-a-service platform for mobile application management and monetization (the "Platform"). The Services enable authorized users to:

• Monitor downloads, revenue, and user engagement across iOS, Android, and cross-platform applications from a unified dashboard
• Optimize monetization through subscription management, microtransaction configuration, and in-app purchase tracking
• Access analytics, benchmarking, and usage metrics to measure performance and identify growth opportunities
• Manage their own customer relationships through built-in CRM tools designed for user retention and engagement
• Create and deliver SMS, push notifications, and email campaigns to their own end users through Platform tools
• Connect third-party services and social media platforms through integrations
• Distribute links or instructions requested by users
• Capture and nurture free trial leads through automated onboarding workflows
• Automate routine app management tasks through workflow tools
• Restore incomplete or interrupted user interactions

The Platform includes two categories of communications: (a) service communications that AppChex sends directly to you as a client (described in Sections 4 and 5), and (b) communication tools within the Platform—including SMS, email campaign, and push notification features—that you use to reach your own end users. Your use of the Platform's communication tools is subject to the compliance obligations set forth in Section 6.

The specific features and functionality available to each user may vary depending on the applicable subscription plan or service tier. All use of the Services must comply with applicable laws, regulations, and industry standards.

4. SMS Messaging Terms

This section governs SMS messages that AppChex sends directly to you as a client. It does not apply to messages you send to your own end users through the Platform's communication tools, which are governed by Section 6.

By providing your phone number and opting in, you consent to receive automated SMS messages from AppChex related to reminders, service notifications, account updates, alerts, and verification messages initiated by user activity.

• Message frequency varies based on your account activity.
• Message and data rates may apply.

You may opt out of SMS messages at any time by replying STOP.

For assistance, reply HELP or contact help@appchex.org.

Carriers are not responsible for delayed or undelivered messages.

5. Consent and Communications from AppChex

This section governs communications that AppChex sends directly to you as a client. It does not apply to communications you send to your own end users through the Platform's communication tools, which are governed by Section 6.

When you submit your information on our Website and consent to receive communications, we may contact you through the following channels where you have provided your express consent:

• SMS: Reminders, service notifications, account updates, alerts, and verification messages initiated by user activity. You may opt out at any time by replying STOP. See Section 4 for full SMS terms.
• Push Notifications: Account alerts, service notifications, and platform updates delivered through your browser or device. You may opt out at any time through your device or browser notification settings.

AppChex does not contact clients via email or telephone for notification purposes. Any email communications from AppChex are limited to direct responses to support requests you initiate and transactional messages related to your account (such as security alerts and payment confirmations).

You have the right to withdraw your consent to any or all communication channels at any time by contacting us at help@appchex.org. Consent is not required as a condition of purchasing or using the Services.

6. Client Communication Compliance Obligations

The Platform provides CRM, email campaign, push notification, and SMS tools that enable you to communicate with your own end users (collectively, "Communication Tools"). Your use of these Communication Tools is a core part of the Services and is governed by these Terms. By using the Communication Tools, you agree to the following obligations:

6.1 Consent Requirements

You agree that:

• All messages sent through the Communication Tools will be sent only to recipients who have provided valid, documented consent to receive such communications
• You will obtain consent in a manner that complies with all applicable laws before sending any communication through the Platform
• You will maintain records of consent for each recipient and will make such records available to AppChex upon request
• You will honor all opt-out, unsubscribe, and do-not-contact requests from your end users promptly and in accordance with applicable law

6.2 Prohibited Communication Practices

When using the Communication Tools, you shall not:

• Send unsolicited, unauthorized, or deceptive messages of any kind
• Use purchased, rented, scraped, or third-party lead lists as the basis for any communications
• Send messages to minors or to individuals who have not provided valid consent
• Transmit content that is threatening, harassing, defamatory, obscene, or otherwise harmful
• Send communications for any purpose that violates applicable laws or regulations
• Misrepresent your identity, the origin of any message, or your affiliation with any person or entity

6.3 Legal and Regulatory Compliance

You are responsible for ensuring that your use of the Communication Tools complies with all applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and any applicable CTIA guidelines, carrier requirements, and industry standards. If the Communication Tools are used to send messages to recipients outside the United States, you are additionally responsible for compliance with the laws of those jurisdictions.

6.4 Data Handling

End user data processed through the Communication Tools—including phone numbers, email addresses, and any personal information submitted by or about your end users—must be collected, stored, and transmitted in accordance with applicable privacy laws. You shall not use the Communication Tools to process end user data for any purpose other than delivering communications that your end users have consented to receive.

6.5 Enforcement

AppChex may request proof of consent or compliance documentation at any time. AppChex reserves the right to audit, suspend, restrict, or terminate your access to the Communication Tools if compliance cannot be demonstrated or if AppChex reasonably believes that a violation of this Section has occurred. You agree to indemnify AppChex for any claims, damages, or penalties arising from your use of the Communication Tools in violation of this Section or applicable law.

7. Prohibited Uses

In addition to the prohibitions in Section 6, you may not use the Services:

• For unlawful, fraudulent, deceptive, or abusive purposes
• To interfere with the security or integrity of the Platform
• To access another user's account without authorization
• To reverse engineer, decompile, or otherwise misuse the Platform or its underlying technology
• To scrape, harvest, or otherwise collect data from the Platform through automated means without authorization
• To reproduce, redistribute, or publicly display any Content without express written permission

AppChex reserves the right to suspend or terminate accounts engaged in prohibited conduct without prior notice.

8. Account Registration and Security

Some features require account registration. You agree to provide accurate, current, and complete information during registration and to maintain the confidentiality of your credentials. You are responsible for all activity that occurs under your account.

Notify AppChex immediately of any unauthorized access or security incident by contacting help@appchex.org.

9. Handling of Sensitive Information

The Services may process sensitive business data, including application revenue figures, user engagement metrics, and monetization performance data. You agree that:

• Sensitive data will be collected and transmitted in accordance with applicable laws
• Sensitive data will not be misused or improperly stored outside the Platform
• You will not use the Services to make credit, employment, insurance, housing, or similar eligibility decisions about individuals

AppChex is not a consumer reporting agency and the Services are not governed by the Fair Credit Reporting Act.

10. Data Storage and Transmission

Data may be stored or processed using secure third-party infrastructure providers. While reasonable safeguards are used to protect your data, no system is completely secure and uninterrupted service is not guaranteed. For additional information on how we collect, use, and protect your data, please refer to our Privacy Policy at www.appchex.org/privacy-policy.

11. Service Modifications

AppChex may modify, suspend, or discontinue any part of the Services at any time for operational, legal, compliance, or technical reasons without liability. Where practicable, AppChex will provide advance notice of material changes that may affect your use of the Platform.

12. Suspension or Termination

AppChex may suspend or terminate your access at any time for:

• Violation of these Terms, including the compliance obligations in Section 6
• Legal or carrier non-compliance
• Fraud, abuse, or misuse of the Platform or Communication Tools
• Security risks or operational concerns

You may terminate your account at any time by discontinuing use and contacting help@appchex.org. Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, limitations of liability, compliance obligations, and dispute resolution provisions.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPCHEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. APPCHEX DOES NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE PLATFORM OR SERVICES.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPCHEX IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF APPCHEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF APPCHEX FOR ANY CLAIMS RELATING TO THESE TERMS OR THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless AppChex and its officers, directors, employees, agents, affiliates, and service providers from and against any and all liabilities, expenses (including reasonable attorney's fees), and damages arising out of claims resulting from: (a) your use of the Services; (b) your violation of these Terms, including the compliance obligations in Section 6; (c) your infringement of any third-party rights; or (d) any communications sent by you or on your behalf through the Platform's Communication Tools. AppChex reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

16. Enforcement Rights

Nothing in these Terms limits AppChex's right to enforce violations through suspension, termination, or legal action.

17. Governing Law

These Terms are governed by the laws of the state in which AppChex is headquartered, without regard to conflict of law principles.

18. Arbitration and Class Action Waiver

All disputes arising from these Terms or the Services will be resolved through binding individual arbitration. You waive the right to a jury trial and to participate in class actions or representative proceedings.

Arbitration will be administered by the American Arbitration Association under its applicable rules. Each party bears its own attorney's fees unless otherwise required by law.

You may opt out of arbitration within thirty (30) days of first agreeing to these Terms by emailing help@appchex.org with a clear written notice.

This section survives termination.

19. Changes to These Terms

AppChex may update these Terms at any time. The date on which these Terms were last updated will be noted at the top of this page. Continued use of the Services after changes have been posted constitutes acceptance of the updated Terms.

20. Contact Information

For questions regarding these Terms, contact:

• Email: help@appchex.org
• Web: https://www.appchex.org/contact