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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9127
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a business in the UK doing App Design and an Ad

Customer Question

I have a business in the UK doing App Design and an Ad provider, Appodeal, have paid over 30k to a developer who duplicated the app ad accounts and told them that he was okay and that I the Manager of the business said he should receive over 30k! At no point did Appodeal check with me that it was okay to send over 30k to someone who had another account and no direct affiliation to me. In no correspondence were all parties together. In short they took a random persons word, at his word, that its okay to give me 30k plus. I am just wondering about the rules as we are a UK business and Appodeal are US?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: San Fransisco
JA: Has anything been filed or reported?
Customer: We have just found out about it but have all correspondence saved via emails and Skype
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope not really, thanks
Submitted: 8 months ago.
Category: UK Law
Expert:  Alex J. replied 8 months ago.

Hi thank you for your question and welcome. My name is ***** ***** I will assist you. Where is the developer based? Do you have a direct contract with the developer or is the contract with Appodeal? Kind regards AJ

Customer: replied 8 months ago.
Hi the developer is from romania and I have contracts with both parties
Customer: replied 8 months ago.
Hello
Customer: replied 8 months ago.
Appodeal are contractually obliged to pay the correct person i.e. myself and the developer has a contract which explains that the development fee is the only fee we pay.
Expert:  Alex J. replied 8 months ago.

Hi Thank you. ***** are in breach of your contract then this is a debt that they owe you. Can you send me a link to their terms and conditions to review? Kind regards AJ

Customer: replied 8 months ago.
Hi, Sure here you go:Terms of Service
PLEASE READ CAREFULLY BEFORE USING THE WEBSITE: These Terms of Use (“Terms”) are a legal agreement between you and Appodeal, Inc., a Delaware corporation (“Appodeal”). By accessing the Appodeal web site, currently located at www.appodeal.com (the “Website”) and using any of the Services (as defined below) accessible through the Website, you agree to, and are bound by, the terms and conditions of these Terms and the Privacy Policy of Appodeal for as long as you continue to use the Website or Services.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR THE SERVICES. By accessing the Website or using any Services, you consent to receive the Terms electronically. If you do not accept and agree to be bound by all of the Terms and the Privacy Policy, you may not use the Services.We reserve the right to modify the Terms at any time. Such modified Terms will become effective and will apply to your use of the Services upon our posting such Terms to the Website. Your continued use of our Services after a modification has been posted shall be deemed to constitute acceptance by you of any modified Terms. It is your sole obligation to review the Terms and to be aware of any modifications.USE ELIGIBILITY FOR INDIVIDUAL USERS
If you are an individual user, in order to utilize and register for the Services, you must at least 18 years old. By using the Services, you represent and warrant that you are at least 18 years old.USE OF THE SERVICES AND FEES
Appodeal is an ad mediation solution aimed at optimizing mobile advertisements for publishers and software developers on end users’ mobile applications (collectively, the “Services”).Your account is for your personal use only. You are responsible for the confidentiality of your login information, including your username and password, via whatever method you choose to access the Services, and for all use of the Services by users using your login information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You will immediately notify Appodeal of any unauthorized use of your login information, or any unauthorized access to your account. You acknowledge that Appodeal is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. Appodeal may assign these Terms in whole or in part at any time without your consent.You will not provide inaccurate, misleading or false information to Appodeal. If information provided to Appodeal subsequently becomes inaccurate, misleading or false, you will promptly notify Appodeal of such change. You will not harass, annoy, intimidate or threaten any Appodeal employees or agents engaged in providing any portion of the Services to you.Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Services at any time. In addition, we may impose limits on certain features and aspects of the Services or restrict your access to parts or all of the Services without notice or liability and for any reason. Appodeal reserves the right to terminate your use of the Services if you misuse the Services in any way, or act in an inappropriate, unlawful or illegal manner, in our sole and absolute discretion.If you are a publisher, you shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. You may list assets including but not limited to mobile sites, applications, and device platforms ("Mobile Properties") and make them available for advertisement. You hereby grant Appodeal the right to access, index, store and cache requests made from your mobile websites (“Mobile Property”) to the Services, including by automated means. You allow Appodeal to access your applications to serve Appodeal’s personalized advertisements.If you are an advertiser, you may produce content including but not limited to text links, banners, videos, and graphics ("Advertisements") for display on a publisher's Mobile Property. You agree to comply with the technical specifications provided by Appodeal to enable proper display of the Advertisements in connection with the Services.If you are a publisher, and provided you are not in breach of these Terms, Appodeal will pay you a portion of the revenues actually received by Appodeal from advertisers for Advertisements displayed on your advertising inventory via the Services, as determined by Appodeal from time to time in its sole discretion.
Customer: replied 8 months ago.
The compensation payable to you shall be based on a percentage of the Net Revenue (“Net Revenue Share”). Net Revenue Share is determined dynamically for each impression and is based on terms negotiated programmatically between Appodeal and the advertiser. Payments will be calculated solely based on records maintained by Appodeal, and no other measurements or statistics of any kind will be accepted or have any effect. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Appodeal in its sole discretion. Invalid activity is determined by Appodeal in all cases and includes, but is not limited to, (i) spam, invalid impressions or invalid clicks on ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money and false representation; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (i) and (ii) above, or (iv) any breach of these Terms by you.Within thirty (30) days after the end of each calendar month during the term of the Services, Appodeal will provide you a written or electronic report, or will enable you to access such reports online, showing the bases for calculating the Net Revenue Share for such month. If you dispute any payment made in connection with the Services, you must notify Appodeal in writing within thirty (30) days of any such payment. Failure to so notify Appodeal shall result in the waiver by you of any claims related to such disputed payment. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services.RISK ASSUMPTION AND PRECAUTIONS
You are solely responsible for the content or information you post, upload, publish or display in connection with the Services, or transmit to other users (“User Content”). We do not and cannot review all User Content posted or sent by users of the Services. We are not responsible for any User Content. We reserve the right, but are not obligated to, delete, move or edit User Content that we, in our sole discretion, deem to be in violation of the guidelines set forth herein or any other applicable content guidelines or deem to be otherwise unacceptable.Appodeal is not responsible for the conduct, whether online or offline, of any user of the Website or of the Services. Appodeal is not responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Services. Under no circumstances will Appodeal or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Services. The Website and the Services are provided “AS-IS” and Appodeal expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. You assume all risk when using the Services.PROPRIETARY INFORMATION
All intellectual property rights in and to the Services are and shall be owned exclusively by Appodeal. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners. No right or license to use any patent, copyright, trademark, service mark, trade secret or other intellectual property contained in the Services, or in any software, systems, designs or processes related to the Services, is granted to or otherwise conferred upon you as a result of your use of the Services, and all such rights are reserved to and shall remain the exclusive property of Appodeal, its affiliates or third party licensors.The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Customer: replied 8 months ago.
You hereby acknowledge and agree that Appodeal is the owner of highly valuable proprietary information, including, but not limited to its technology and templates (collectively, “Confidential Information”). Appodeal owns and hereby retains all proprietary rights in the Services and the Website, including but not limited to, all Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.PRIVACY STATEMENT
For information about the collection and storage and possible use and disclosure of information and material provided by you, please click on Appodeal’s Privacy Policy located on the Website. By using the Website or the Services, you are consenting to the terms of Appodeal’s Privacy Policy. If there is any inconsistency between Appodeal’s Privacy Policy and these Terms, the former shall govern.SOFTWARE END USER LICENSE
The Software End User License is available at https://www.appodeal.com/sdk-license-agreement
Customer: replied 8 months ago.
THIRD PARTY LINKS
The Website and/or Services may contain links to other Internet sites and resources (“Third Party Links”). Appodeal is not responsible for and has no liability for your use of Third-Party Links or the content thereof. By using Third-Party Links, you acknowledge and agree that Appodeal is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at Third-Party Links. Appodeal does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Links or for any other materials, products, or services of third parties. Appodeal is not responsible for the contents of, updates to, or privacy practices of third parties operating Third-Party Links. The personal information you choose to give to such third parties is not covered by Appodeal's privacy policies. You agree that you use Third-Party Links at your sole risk. We highly recommend you review and familiarize yourself with the terms of use and privacy policies of all Third-Party Links prior to using them.DISCLAIMER OF WARRANTIES
If you are a publisher, you specifically acknowledge and agree that Appodeal has no control over (and is merely a passive conduit with respect to) any content that may be submitted or published by any advertiser, and that you are solely responsible (and assume all liability and risk) for determining whether or not such content is appropriate or acceptable to you. You further represent and warrant to Appodeal that (i) you are the owner of each Mobile Property you designate in connection with the use of Services or that you are legally authorized to act on behalf of the owner of such Mobile Property for the purposes of these Terms, and (ii) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder. You further represent and warrant to Appodeal that each of your Mobile Properties and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content; and (d) will not introduce viruses or other malware to the Services or Appodeal systems or end usersIf you are an advertiser, you specifically acknowledge and agree that Appodeal has no control over any content that may be available or published on any publisher Website (or otherwise), and that you are solely responsible (and assume all liability and risk) for determining whether or not such content is appropriate or acceptable to you. You further represent and warrant to Appodeal that (i) you are the owner of each Advertisement you designate in connection with the use of Services or that you are legally authorized to act on behalf of the owner of such Advertisement for the purposes of these Terms, and (ii) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder. You further represent and warrant to Appodeal that each of your Advertisements and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are not hate-related in content and (d) are free from viruses and any other contaminants of any nature whatsoever.From time to time, Appodeal may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Appodeal’s sole discretion. The provisions of this Disclaimer of Warranties section apply with full force to such features or tools.
Customer: replied 8 months ago.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPODEAL PROVIDES THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APPODEAL DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE AND THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. APPODEAL DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE OR THE SERVICES.LIMITATION OF LIABILITY
IN NO EVENT WILL APPODEAL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF APPODEAL KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL APPODEAL’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE NET AMOUNT PAID BY APPODEAL TO YOU DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM, OR, IF NO AMOUNT HAS BEEN PAID, THE AMOUNT OF $50.00.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APPODEAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.INDEMNIFICATION
You agree to indemnify, defend and hold harmless Appodeal, its officers, members, managers, directors and employees, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) your use of or inability to use the Website or Services (b) your violation of any terms of these Terms or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Appodeal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Appodeal in asserting any available defenses.
Customer: replied 8 months ago.
COMMUNICATION AND PRIVACY
We may use your email address to send you messages notifying you of important changes to the Website or the Services. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.TERM AND TERMINATION
These Terms will become effective upon your acceptance of the Terms by your use of the Website or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Appodeal may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Appodeal reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Any fees paid hereunder are non-refundable and non-cancelable. You may terminate your account by following the instructions on the Website, or by sending a notice of cancellation to:***@******.***. Upon termination of your account, your right to use the Services will immediately cease and you will remove all Appodeal code from you Mobile Properties. Following any termination of use of the Services, Appodeal reserves the right to send a notice thereof to other registered users with whom you have corresponded. The termination or expiration of these Terms shall not affect any of the provisions of these Terms which are expressly or by implication to come into or continue in force after such termination or expiration.COPYRIGHT INFRINGEMENT CLAIMS - DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that any material or content distributed by Appodeal constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of where, within the Application, the offending material is located; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.The above information should be submitted to Appodeal at:***@******.***
Customer: replied 8 months ago.
GENERAL PROVISIONS
You agree that California law (without giving effect to its conflicts of law principles) will govern these Terms, the Website and the Services and that any dispute arising out of, from, or relating to these Terms, the Website or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts located in the Northern District of California. You acknowledge and agree that any violation of these Terms may cause Appodeal irreparable harm, and therefore agree that Appodeal will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Appodeal may have for a breach of these Terms.These Terms, the Privacy Policy, and the SDK comprise the entire agreement between you and Appodeal regarding the use of these Services, superseding any prior agreements between you and Appodeal related to your use of this Website or the Services. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Services. The failure of Appodeal to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of these Terms will continue in full force and effect. For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that the terms of the Terms should not be strictly construed against either party. The section titles in these Terms are for convenience only and have no legal or contractual effect. Appodeal will not be in breach of these Terms nor liable for any failure or delay in performance of any obligations under these Terms (and, if applicable, the date for performance of the obligations affected will be extended accordingly) as a result of any event outside the reasonable control of Appodeal affecting its ability to perform any of its obligations under these Terms including act of God, fire, flood, lightning, compliance with any law or governmental order, rule, regulation or direction, war, revolution, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
Customer: replied 8 months ago.
Privacy Policy
Appodeal, Inc., a Delaware corporation has developed this Privacy Policy (“Policy”) to demonstrate our commitment to protecting our users’ privacy. This Policy describes the information we collect, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. By using our Website or Services, you agree to the practices described in this Policy. This Policy is an integral part our Terms, which are incorporated by reference. Any capitalized terms used but not defined in this Policy will have the meaning defined in the Terms.The last update to our Privacy Policy was posted on October 7, 2016.COLLECTION OF PERSONAL INFORMATION
Our Website collects both Personal Information and Non-Personal Information.For the purposes of this Policy, “Personal Information” means information about you, including, your name, address, telephone number, email address, social security number, and, if you transact business with us, financial information such as your payment method (credit card number, expiration date or other financial information). We will only collect, use or disclose Personal Information in accordance with this Policy, or in accordance with laws applicable to the collection, use and disclosure of Personal Information.“Non-Personal Information” is information that is not personally identifiable to you and that we automatically collect when you access our Service through the Website. Examples of Non-Personal Information are the type of browser you are using or non-personal statistical data.Personal InformationWe collect and store Personal Information that you provide directly to us through the Website during the registration process or otherwise in connection with your use of our Website. When you choose to provide us with your Personal Information you consent to the use of your Personal Information as identified in this Policy and as may be further identified at the time of collection. You can choose not to provide us with your Personal Information, but in that event we may not be able to provide you with full use of the Website or Services.We may also obtain Personal Information about you through third party websites. By accessing our Website through a third party website, you are allowing us access to your Personal Information made available through that website and/or service in accordance with its own privacy policy to enhance your user account.
Customer: replied 8 months ago.
Non-Personal InformationWe may also automatically collect Non-Personal Information from you when you visit our Website. This information includes your IP address, browser type, language, location data, and access times. Non-Personal Information is collection through various tracking technologies, which may include “cookies,” “web bugs” or “web beacons,” and “mobile device identifiers.”Cookies are bits of data stored on your device through your browser or mobile application that allows the mobile application to remember you the next time you visit. Cookies enable smoother, more efficient use of the Website by storing your specific information and preferences such as theme, language setting, privacy preferences, and even user ID and password, so you do not need to reenter those each time you visit the Website. Cookies do not link to or store your Personal Information. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website.We may also use mobile device identifiers (a unique identifier assigned to your device by the manufacturer), instead of cookies, to recognize you. Again, this is done so that we can store your preferences and track your use of the Website.We may also use web bugs (also called web beacons) help us understand the behavior of our users by allowing us to track user demographics and traffic patterns.We may also utilize Google Analytics in the collection, compilation and analysis of this information.We may choose to share reports generated from our use of tracking technologies with advertisers and other third parties in order to better meet the needs of our users and enhance the user experience. None of the information in such reports contains Personal Information of our users.We may also combine the Non-Personal Information we collect through tracking technologies with other Person Information we have collected from and about you, however all such Personal Information will be handled strictly in accordance with the terms of this Policy.USE OF PERSONAL INFORMATION
We may use your Personal Information for a number of purposes, such as:Surveying our users to measure and improve the effectiveness of the Website and our products;
Notification of changes to the Website or products;
Collecting other publically available data about our users to enhance user experiences;
Tracking and analyzing user preferences;
Ensure you have a personalized and consistent experience in using the Website and Services;
Protecting the security of our Website;
Other legitimate business purposes described in this Policy.
Customer: replied 8 months ago.
USER OPTIONS
We limit the collection and use of Personal Information to information that is necessary to fulfill the purposes listed above. We will never collect, sell, distribute or use Personal Information for any other purposes not otherwise set forth herein without your further consent, except as authorized or required by law.You may be asked to give your express consent to our collection, use or disclosure of Personal Information such as asking you to check a box to indicate your consent to receive marketing communications. Other times, we may infer your implied consent to our collection, use or disclosure of Personal Information by an action you have taken or an action you have decided not to take, such as your implied consent to publish Personal Information after you have provided us with such Personal Information in order to create your account.You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure of your information. We will accommodate your request subject to legal and contractual restrictions.DISCLOSURE AND SHARING OF YOUR PERSONAL INFORMATION
We do not sell or license your Personal Information to any other party. However, in the normal course of business, we may share Personal Information we collect with our corporate subsidiaries, affiliates or divisions for internal business purposes in accordance with this Policy. In that case, we will ensure that your Personal Information is handled in strict accordance with this Policy.We may use third party service providers (for example, web hosting providers, data management providers and/or payment processers) to manage one of more aspects of our business operations, including the processing or handing of Personal Information. When we do use an outside company, we use contractual or other appropriate means to ensure that your Personal Information is used in a manner that is consistent with this Policy.By registering and providing your payment information, including but not limited to credit card details, we will use the payment information you provide to bill you for the Service. By providing your payment information details to us, you consent to and authorize us to provide your payment information to payment processors and financial institutions necessary to process your payment.We may disclose your Personal Information as permitted or required by applicable law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies.THIRD PARTY LINKS
The Website may contain links to other websites or Internet resources which are provided solely for your convenience and information. We have no responsibility or liability for, or control over, those other websites or Internet resources or their collection, use and disclosure of your Personal Information. You should always read and familiarize yourself with the privacy policies of other websites to learn how they collect and use your Personal Information.SECURITY OF PERSONAL INFORMATION
The security of your Personal Information is important to us. We maintain appropriate safeguards and current security standards to protect your Personal Information from unauthorized access, disclosure, or misuse, such as using SSL encryption. However, no system can be completely secure. While we take meaningful steps to secure your information, we do not promise, and you should not expect, that your Personal Information will always remain secure.REQUESTS FOR ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
You can review and change certain Personal Information related to your use of our Website (such as your name and contact information). To access your information, simply sign in to your account and you will be able to edit your Personal Information.CHILDREN'S PRIVACY
The Website is restricted to individuals over the age of 18. We do not knowingly collect personal information from children under the age of 13.CONCERNS OR QUESTIONS REGARDING OUR COMPLIANCE
Questions or concerns regarding our compliance with this Policy may be directed to***@******.***
Expert:  Alex J. replied 8 months ago.

Thank you. I will review this and revert to you as soon as possible. Kind regards AJ

Customer: replied 8 months ago.
Thanks AJ - just to clarify no check was made with us at anytime as to whether this payment should be made to someone not on our account. Thanks
Expert:  Alex J. replied 8 months ago.

Hi, Thank you. Have you asked Appodeal to explain why they made this payment without authorisation? Have they responded to any allegations you made or just denied responsibility? Kind regards AJ

Customer: replied 8 months ago.
Hi AJ,Yes they said that their system ratified the new account as being official. They have also said that a (now fired employee due to incompetence) said that he had a conversation with the developer and myself. This never happened and can be proved through Skype records. This employee also should have held weekly meetings with myself - if he turned up to any of these the problem would have been found and resolved weeks ago, however he never turned up to any of the meetings. I also have Skype confirmation from a Manager at Appodeal saying he should have held these meetings and the fired employee said that he was doing them. They later found out that none of this was the case.They have denied responsibility as they have said they do not need confirmation from myself as the duplicate Appodeal account was receiving 'legitimate ad requests' as code had been changed. There are a number of written occasions on skype however where they have said that confirmation was received by the developer - with no correspondence to myself
Expert:  Alex J. replied 8 months ago.

Hi, Thank you. Ultimately they were holding your money and they released to a third party without your consent implied or otherwise. The issue here is the company is based in the USA - would you be prepared to sue the company in a US court? This would involve engaging a US Lawyer?

Customer: replied 8 months ago.
Hi, Yes as long as the case against them is strong enough and the US lawyer was willing to work mainly off a 'win-bonus' we would be willing to engage a US lawyer.Thanks,
Hugo
Expert:  Alex J. replied 8 months ago.

Hi, Thank you. As a starting point you need to write to Appodeal and formerly ask them to take responsibility for this and/or ask them to claw back the money? Are you going to continue using their services in the future? Kind regards AJ

Customer: replied 8 months ago.
Hi, yes we have done that and they replied as below:Dear Gareth Lee,I am now writing formally to you as the Director of App Design Dot Company Ltd (ADC), owners of 50 50 - The Addictive Slicing Game, 50 50 - Addictive Slicing Game and 50 50 With Friends, to set out our complaint against you, and how it should now be resolved.The facts are simple. Since June this year, ADC has had a commercial arrangement with Appodeal for the Adverts shown on our 50 50 apps. In early July, Marian Nechifor, a third party developer, created a duplicate account to ours. He had edited the app source-code to send ad requests to himself through our app, using duplicate information as the Original App in Appodeals system.Wrongfully and in violation of ADC’s contract with Appodeal, Appodeal proceeded to make payments to Marian Nechifor instead of to ADC, and continued to do so from 27th July to 21st October, when the matter was fully drawn to your attention by ADC and you stopped making further payments.Appodeal has both wrongfully paid money due to ADC to a third party, and it has been negligent in how it has managed the relationship with ADC. In particular, the account manager appointed by Appodeal failed to do his job properly, including failing to attend Skype meetings with ADC at which this problem would have come to light much more quickly. Appodeal has subsequently terminated the employment of the account manager.As a result of your wrongful and negligent action, ADC has suffered the loss of payments amounting to $31,317.54. In addition, ADC has suffered significant further additional lost income. This arose because the reduced payments made to ADC between 27th July and 21st October led to lower advertising funds to promote ADC’s apps further when they were at their peak in Tier 1 Country Top Charts. We are currently quantifying these losses.There is no question about the fault of Appodeal in relation to the facts set out above. I have been through all the conversations and communications between ADC and Appodeal, from which not only is Appodeal’s culpability clear, but there is also an open admission by Ilya Gulevskiy, the current Account Manager, that “you are the original owner of the apps so it [the revenue] should be yours”.I now therefore make the following demands.a). Appodeal should immediately pay to ADC the full amount of $31,317.54 paid wrongfully to Marian Nechifor in 30 payments from 27th July to the 21st October 2016.b). In addition to this all revenue which was left in Marian Nechifor’s duplicate Appodeal account should be paid immediately to its rightful owners, ADC.c). Appodeal should make payment for the additional lost income caused by its negligence as set out above.Unless a reasonable settlement is agreed before close of business (UK time) on 18/11/2016, ADC will be instructing its lawyers to take legal action against Appodeal.If a satisfactory agreement can be reached within the timescale set out above, ADC will continue to use the Appodeal Ad Mediation service for future applications. If not, ADC will be moving our business away from Appodeal’s services.I hope that this will not be necessary, and that this problem can be resolved quickly.Please confirm receipt of this email.Yours Sincerely,Hugo FurneauxGareth Lee23:34 (15 hours ago)to Golubev, hugo, eu, Sergey, Natalie, shpotaHi Hugo,This is an extremely unfortunate situation. As you mentioned, your app's source code was compromised and changed by the developer you hired to create the app. At NO time did Appodeal have access to your source code or any ability to control your ad requests to Appodeal.It is Appodeal's mission to be close to our App Developer partners and therefore we ask our Publisher Relations team to hold weekly touch bases, monthly reviews, and quarterly reviews with their clients. These activities are the responsibility of the individual Publisher Relations member to hold with their accounts. The Publisher Relations team member in reference was let go from Appodeal because of performance issues (in line with your comment that he missed Skype meetings).As a reminder, HERE is a link to the Terms of Service that you AGREED to before using Appodeal. A few highlighted points below:"Under no circumstances will Appodeal or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Services." "You assume all risk when using the Services."Limitation of LiabilityYOU AGREE NOT TO TAKE ANY LEGAL ACTION OR MAKE ANY CLAIM AGAINST APPODEAL OR ANY OF ITS SUPPLIERS IN RELATION TO THE SOFTWARE AND/OR YOUR USAGE THEREOF. FURTHERMORE YOU AGREE NOT TO SUPPORT ANY SUCH ACTIONS OR CLAIMS BY ANY OF YOUR CUSTOMERS WHO MAY RECEIVE THE SOFTWARE AS PART OF YOUR PRODUCTS.
Customer: replied 8 months ago.
YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR DISSEMINATION BY YOU OF THE SOFTWARE IS YOUR SOLE RESPONSIBILITY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT APPODEAL BEARS NO LIABILITY OR RESPONSIBILITY FOR SUCH USE OR DISSEMINATION. AS SUCH, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL APPODEAL BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO INCLUDE DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, WHETHER RELATED TO BUSINESS INTERRUPTION/WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER MALFUNCTION OR FAILURE OR OTHERWISE.I am truly sorry to hear about this incident and highly suggest bringing legal action against the developer who stole your source code and control of your app.-Gareth