TERMS AND CONDITIONS

1. Introduction

App Samurai Inc (“Company”, “we”, “our”, “us”)

These Terms and Conditions (“Terms”, “T&C”) govern your (“participant”, “applicant” “you”, “startup” “app”, “app based business”) participation in App Samurai’s COVID-19 Resilience Grant Campaign which can be found at the website https://appsamurai.com/covid19-resilience-grant/ (“Grant”) operated by App Samurai Inc. in line with the terms below.

This Grant Campaign is designed to build resilient startups that are supporting the community during the covid-19 pandemic.

Our Privacy Policy also governs your engagement and participation with the Grant and explains how we collect, safeguard and disclose personal information that results from your visit our web pages and participation in this Grant.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood these Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not participate in the Grant, please let us know by emailing at hello@appsamurai.com if you cannot decide whether you are complying with these T&C or not. These Terms apply to all visitors to the website and participants in this Grant whether awarded or not in the end. 

2. Communications

By participating in this Grant, you agree to subscribe to our newsletters, marketing or promotional materials and other information and agree to receive such information and documents we may send you via-email with respect to the Grant and other different offers or Services of the Company. 

By using the website and giving your consent you agree to subscribe to newsletters, marketing or promotional materials and other information we may send you on various subjects we provide service about. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at hello@appsamurai.com.

3. Contests, Sweepstakes, Grants in general (our Promotions)

Our Promotions made available through our Services are governed by rules that are separate from Company’s regular Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with the Company’s regular Terms of Service, Promotion rules will apply. Specifically, for this Grant, this T&C supersedes Company’s regular Terms of Service and any other verbal or written agreement or understanding between you and Company if they happen to be in conflict.

4. Grant Campaign

The Company will grant at most $10,000 USD worth of App Samurai Ad Credit (as defined under section 5 below) per eligible and selected participant apps of Startups within a budget of App Samurai Ad Credit worth $250,000 USD. The successful participant apps will be able to use this Ad Credit towards their user acquisition advertising campaigns.

A dedicated Company specialist will also guide the campaign and the successful app in order to elicit the best campaign results if it is decided that it is required by the Company. For more information App Samurai’s advertising services, have a read here. 

With this grant campaign the Company aims to help build the startups of today, to enable them to weather the storm of economic uncertainty, so that they can become tomorrow’s unicorns.

Selected participants’ app(s) of startups in line with the below eligibility criteria given under Section 6 will be granted up to $10,000 USD worth of App Samurai Ad Credit each. The amount of Ad Credit that will be granted to each successful participant will be under the Company’s and the selection committee’s sole discretion and it will not exceed $10,000 USD worth of App Samurai Ad Credit for each participant. 

To clarify, a legal entity  or a real person may participate in the grant with several different applications/app based businesses. Each of these separate applications/app based businesses  may be awarded with the Grant if they fulfill the eligibility criteria and are chosen by the Selection Committee. On the other hand, one application/app based business can only receive the Grant once regardless of the number of applications filled on behalf of the same application/app based business.

The granted App Samurai Ad Credit cannot be used for other purposes defined in this T&C or exchanged with any monetary or non-monetary items.

The granted App Samurai Ad Credit also cannot be used in conjunction with any other promotion, grant, campaign of the Company.

Finally, the granted App Samurai Ad Credit cannot be assigned to any other entity/app other than successful participant startup’s app the grant is given to by the Selection Committee of the Grant.

5. App Samurai Add Credit

App Samurai Ad Credit refers to credit, which will be applied to the individuals App Samurai account’s dashboard. That credit will be used to fund their marketing and advertising campaigns, run on App Samurai through the dashboard, with the assistance of a dedicated account manager if required. You can have a look at some of our advertising formats available here.

Once granted the Ad Credit cannot be withdrawn from your account or transferred or exchanged for any other monetary or non-monetary item(s). The credit applied to the grant recipient’s account, can only be used for the app that was presented in the grant application. The credit cannot be transferred to any other product, service, or app, brand, or company which was not explicitly mentioned in the Grant application form.

6. Eligibility 

Applicants with apps which fulfill the below criteria will be eligible to be included in the pool of applicants which will be evaluated by Selection Committee for the awarding and amount of Grant:

• Firstly, the App Samurai Ad Credit Grant is aimed towards mobile and/or app-based businesses, applications that positively benefit the community during the Covid-19 pandemic. 
• This mobile and/or app-based business shall be owned by a startup which has raised under USD $100, 000 maximum in total. 
• Mobile and/or app-based businesses, applications shall be operating in categories that benefit the community’s mental, physical and emotional wellbeing specifically Health & Fitness, Education, Streaming, Social Networking and News categories. Applications operating under different categories will not be eligible to be evaluated for the Grant.
• The participant shall explain in detail how their mobile and/or app-based business’, applications are good for the community’s mental, physical and emotional wellbeing during this pandemic.
• The participating mobile and/or app-based businesses, applications shall have an App Store and Google Play app review score minimum of 4.5/ out of 5.
• The participating mobile and/or app-based businesses, applications shall have at least between 10k – 100k monthly active users, as of the time of application.
• Finally, The participating mobile and/or app-based businesses, applications must be located in the twenty most affected countries, according to the information on the website  Worldometers as of 23th April 2020 at 1 am). This is:
  • United States
  • Spain
  • Russia
  • United Kingdom
  • Italy
  • France
  • Germany
  • Brazil
  • Turkey
  • China
  • India
  • Canada
  • Peru
  • Belgium
  • Netherlands
  • Saudi Arabia
  • Mexico
  • Pakistan

7. Sanctions Compliance

You represent that you are aware of the International Emergency Economic Powers Act (50 U.S.C. § 1701) and all other laws administered by the U.S. Office of Foreign Assets Control (OFAC) or any other U.S. governmental authority imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against jurisdictions, including among others the Crimea region of Ukraine, Cuba, Iran, North Korea, Syria, and the Government of Venezuela, and persons designated in such Economic Sanctions Laws (collectively,
“Embargoed Targets”). You hereby represent that you are not an Embargoed Target or otherwise subject to any sanctions under any Economic Sanctions Laws. You hereby covenant that you shall comply with all Economic Sanctions Laws as they relate to your use of the Service.
We have the right to terminate your access to the Service on our suspicion of a violation by you of (i) any of the representations, warranties or covenants contained in this Section, or (ii) the Economic Sanctions Laws or any other applicable law.

8. Dates Applicable to the Grant

Applications for the Grant are open from May 12, 2020 – July 10, 2020. 

The Selection Committee will evaluate all eligible applications from  July 11, 2020 – July 26, 2020. 

All eligible applicants will be notified of the outcome of their application on July 27, 2020, via their provided business email address.  A public announcement of the successful startups will be made on the App Samurai social channels and website on July 27, 2020. 

9. Selection Process in Details

The selection process will take place as follows, 

From the pool of applicants who fulfill the eligibility criteria regulated under section 7, the most outstanding startups that benefit the community during the Covid-19 pandemic, that also have the greatest needs for the funding will be selected by a Selection Committee consisting of internal (App Samurai executive employees) and external independent leaders in the marketing and advertising industry. More information on who is in the selection committee can be found here. The Selection Committee will be determined upon Company’s sole discretion and the Committee may also consist of Company representatives. The decision of the Selection Committee will be based on their know-how and understanding and nothing in this T&C guarantees that all applicants will be awarded with a grant. 

From this pool of successful startups, the amount of Ad Credit that will be allocated will be decided on the following criteria: The Selection Committee under their sole discretion will decide which applicant and in what amount an applicant requires Grant. The Selection Committee is under no obligation to make the selection process publicly available to third parties other than the Company including the applicant. 

• Need 

The degree to which the eligible startups require the grant to keep the startup running and growing. 

• Benefit to the community 

The degree towards which the startup is positively affecting the community mentally, physically and emotionally during the Covid-19 pandemic. 

• Potential 

The degree to which this startup is evaluated to be a potentially successful in the future. Such factors to be considered will be; market, market size, competitors, scalability, existing monthly active users, existing resources and numerous other factors. 

10. Renouncing from the Grant

You may renounce participating from the Grant at any time. However you cannot revoke your consent with respect to use of the information you have provided for marketing purposes as defined below under relevant section once you are awarded with the Grant and further use the Services of the Company provided to you in line with the Grant. 

11. Content

Content found on or through this Grant is the property of App Samurai Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

12. Prohibited Behavior

You may participate in the Grant and use our Services only for lawful purposes and in accordance with Terms. You agree not to use Service:

In any way that violates any applicable national or international law or regulation.

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Grant or our Services, or which, as determined by us, may harm or offend Company or users of our Services or other participants or expose them to liability.

Additionally, you agree not to:

Participate in the Grant and use our services in any manner that could disable, overburden, damage, or impair the Grant or associated services or interfere with any other party’s participation or use of Company services, including their ability to engage in real time activities through services.

Use any robot, spider, or other automatic device, process, or means to access participation in the Grant or services for any purpose, including monitoring or copying any of the material on the Grant or Company services.

Use any manual process to monitor or copy any of the material on the Grant or Company services or for any other unauthorized purpose without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Grant or Company services.

Introduce any viruses, worms, logic bombs, or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Grant or Company services.

To damage the server on which the Grant material or Company services is stored, or any server, computer, or database connected to the Grant or Company services.

Attack the Grant or Company services via a denial-of-service attack or a distributed denial-of-service attack.

Take any action that may damage or falsify Company rating.

Otherwise attempt to interfere with the proper working of the Grant or Company services.

13. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Services.

14. No Use By Minors

This Grant and associated Company services are intended only for access and use by individuals at least eighteen (18) years old. By accessing and participating in the Grant or further using our services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and participation to the Grant and further usage of our Services.

15. Participation and Accounts

When you create an account with us, you guarantee that your authorized representative is legally authorized to bind you in this way, and that the Information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service and participation in the Grant.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use the name of another person or entity or that is not lawfully available for your use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization in participating in the Grant or further use of associated services. 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

16. Information you provide

By participating in the Grant notwithstanding that you qualify for the Grant or not, you allow Company, its officers, employees, third party service providers to use any information you provide to Company for evaluation and marketing purposes. 

Evaluation purposes include, sharing your information with third parties who are not controlled, governed or employed by the Company, including but not limited to members of the selection committee for the purpose of choosing the successful participants.

Marketing purposes include but not limited to newsletters and electronic direct mails.

17. Confidential information

By accepting these terms and conditions, the conditions of these terms, the relevant Privacy Policy, any correspondence between you and the Company are confidential and shall not be shared by any third party without Company’s written consent. Third-party in the sense of confidential information shall also include associated third parties as members of the selection committee.

Once you qualify with the Grant and start using our services, our services are subject to additional confidentiality requirements as per applicable law and treated accordingly.

18. Intellectual Property

Grant and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of App Samurai Inc. Additionally the services Company provides is protected by copyright, trademark, and other laws of CA, USA and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of App Samurai Inc.

On the other hand, by participating in the Grant notwithstanding that you qualify for the Grant or not, you allow the Company to use your Company name and/or trademark for marketing purposes. Marketing purposes are but not limited to newsletters and electronic direct mails.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Grant related documents infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@appsamurai.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. 

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

19. Error Reporting and Feedback

You may provide us either directly at hello@appsamurai.com  with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to this Grant (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

20. Links to Other Websites

Our Services obtained as the Grant may contain links to third party web sites or services that are not owned or controlled by App Samurai Inc.

App Samurai Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

21. Disclaimer of Warranty

You expressly agree that your participation in the Grant, its content, and any services or items obtained from us is at your sole risk.

Neither company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy of the provided Grant. Without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the Grant provided by the Company, its content, or any services or items obtained through the Grant will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

22. Limitation of Liability

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this T&C, including without limitation any claim for personal injury or property damage, arising from this T&C and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the Company under no circumstances will there be consequential or punitive damages. 

23. Termination

We may terminate or suspend your participation and access to participation in the Grant immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. Additionally if it is found out by the Company that you have provided the Company with false, misleading, incorrect, inaccurate information.

If you wish to terminate your participation, you may simply renounce from participating in the Grant as stated in the relevant section above.

All provisions of Terms which by their nature should survive termination shall survive termination including without limitation, confidentiality and intellectual property.

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, US, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

25. Additional Terms and Further Clarifications

These are the only and applicable terms for the Grant starting from April 23, 2020. Companies hold the right to further clarify or add additional provisions to this T&C document for matters they are not yet regulated under this document. Additional provisions will be notified to you to your e-mail address provided.

By continuing to take part in the Grant after any further clarifications and additional provisions become effective, you agree to be bound by the additional terms. If you do not agree to the additional terms, you can always renounce to participate in the Grant or will no longer be authorized to participate in the Grant by the Company.

26. Waiver And Severability

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

27. Acknowledgement

By participating in this Grant and using our Website and relevant services with respect to the Grant you acknowledge that you have read these T&C and agree to be bound by them.

28. Contact Us

Please send your feedback, comments, requests and any of your questions to support by sending an e-mail to hello@appsamurai.com.