Terms & Conditions for developers for the use of the AQuA App Quality Badge

1. SCOPE OF TERMS AND CONDITIONS

1.1 These Terms & Conditions ("App Quality Badge Terms") govern a developer's use of the AQuA App Quality Badge ("Quality Badge"): a graphic emblem to be used in developer marketing material to reflect the fact that an app within the Quality App Directory has been deemed by AQuA to be of a satisfactory quality.

1.2 Use of the AQuA App Quality Badge is limited to certain applications having met certain criteria, and only for use in marketing/collateral pieces in accordance with these Terms and Conditions. Any other use of the AQuA App Quality Badge is a violation to these Terms and Conditions.

1.3 The AQuA App Quality Badge Terms are in addition to any other Terms and Conditions (including AQuA Quality App Directory Terms) in effect between the developer and AQuA. Developers’ rights under this contract are personal to their organisation. A developer may not assign or sub-contract their rights under these AV Terms without prior written consent from AQuA.

2. DEFINITIONS

The following capitalized terms used in this Agreement shall have the meaning attributed to them below:

App or Application means a piece of software designed to run on a mobile device including phones and tablets.

Application Developer means the owner of the rights to the distribution of the Application submitted to the AQuA Quality App Directory.

AQuA means the App Quality Alliance.

AQuA Quality App Directory means the online AQuA Directory holding and displaying details of Applications that pass the AQuA Testing Criteria quality standards.

AQuA App Quality Badge means a logo indicating that the app is of a suitable quality standard and can be associated with the app in Developer’s marketing material.

AQuA App Quality Badge Guidelines means the set of guidelines defining the use of the AQuA App Quality Badge, which includes any additional wording to be used in association with the AQuA App Quality Badge.

Intellectual Property Rights means all intellectual property rights, including patents, supplementary protection certificates, petty patents, utility models, trademarks, database rights, rights in designs, trade secret rights, copyrights (including rights in computer software) and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, in each case for their full term, and together with any renewals or extensions.

Quality Level means the verification level listed in the Directory, either Self-Verified, Test-House-Verified, Verified by AQuA Member or Trusted Developer-Verified as determined by the manner of testing that has been carried out on the application.

Self-Verified means the App has been tested on a stated device and meets or exceeds the standard specified in the current version of the platform-specific AQuA Testing Criteria but no test report is available from one of the approved AQuA Quality App Directory test houses.

Testing Criteria means the current version of the platform-specific AQuA Testing Criteria. These criteria define the testing process for an application.

Test House means AQuA-approved Test House.

Term means the period of these Terms and Conditions which shall be deemed to commence from the date that the T&Cs are accepted, until the date that this Agreement is terminated by either party in accordance to these T&Cs.

Test House-Verified means the App has been tested on a stated device and meets or exceeds the standard specified in the current version of the platform-specific AQuA Testing Criteria and a test report is available from one of the Directory test houses. The AQuA Quality App Directory approved test house uploads the test report to the Directory.

Test Report means the official report from a test house stating that the App has passed all of the tests outlined in the current version of the platform-specific AQuA Testing Criteria.

Trusted Developer-Verified means the App has been tested on a stated device and meets or exceeds the standard specified in the current version of the platform-specific AQuA Testing Criteria but the Developer is not obliged to have a test report uploaded

Trusted Status means those organizations granted special status by the AQuA Administrator based on either their passing a set number of consecutive and distinct apps within the test house verified category or their organization being nominated by an AQuA member for such status.

Verified by AQuA Member is a Quality Level only assigned by the AQuA Administrator or AQuA Members, who may elect to change the status of any App to "Verified by AQuA Member" if the App is deemed as successfully independently tested by an AQuA Member.

3. Apps appropriate for the App Quality Badge

Apps that are published in the Quality App Directory with a quality status of ‘Trusted Developer-Verified’, ‘Test House-Verified’ or ‘Verified by an AQuA Member’ are considered to be of a certain quality level, and can therefore be associated with the AQuA App Quality Badge. This definition of use may change from time to time. AQuA quality statuses are based on one product version tested against one device at one single point in time. The tests conducted under a different set of conditions may produce a different set of results.

4. Downloading the App Quality Badge

Once an App reaches any quality status mentioned in section 1, Developer will be notified within the Quality App Directory that the App can be associated with the AQuA App Quality Badge. Developer will download the AQuA App Quality Badge and AQuA App Quality Badge Guidelines from www.appqualityalliance.org website.

5. Compliance with the AQuA App Quality Badge Guidelines

Developer may only use the AQuA App Quality Badge in accordance with the AQuA App Quality Badge Guidelines (available at http://www.qualityappdirectory.org ). From time to time AQuA will notify Developer by email of any updates or changes to the AQuA App Quality Badge Guidelines and will direct Developer to the URL location of such revised Guidelines. Developer will be bound by any such changes from the time of receipt of any such email. Developer’s permission to use the AQuA App Quality Badge applies only to the version of Developer’s application that has been approved in accordance with section 1 above.

6. Indemnity

Developer will indemnify AQuA from and against any and all claims, liabilities, proceedings, costs, damages, losses, or expenses incurred by AQuA or any member of AQuA, caused by or in any way connected with their use of the AQuA App Quality Badge including, without limitation, any such losses arising from claims by a consumer of breach of legislation or liability for false advertising; and/or any damage caused to AQuA or a member of AQuA attributable to use or distribution of Developer’s approved Application.

7. Warranty

Developer hereby undertakes and warrants as follows:

7.1 to comply at all times with the AQuA App Quality Badge Guidelines in their use of the AQuA Branding and otherwise;

7.2 not at any time to do, omit to do, or authorise any act which may imply or create the impression to consumers or any other person that AQuA is responsible for manufacture or is connected with the manufacturer of the AQuA-approved application;

7.3 not to use the AQuA Verified Branding in association with or in any way connected with Inappropriate Content (defined below);

7.4 to use the AQuA App Quality Badge only in relation to AQuA-approved application(s).

8. Inappropriate Content

"Inappropriate Content" is defined as any material which:

8.1 breaches the law of any country in which the App is offered for distribution including but not limited to infringement of copyright and other intellectual property rights, or constitutes defamation, theft and/or fraud;

8.2 incites violence, sadism, cruelty or racial hatred;

8.3 facilitates prostitution or paedophilia;

8.4 is pornographic, obscene, indecent, abusive, offensive or menacing;

8.5 may bring AQuA into disrepute;

8.6 unless otherwise indicated to AQuA, may be considered inappropriate for children under 14;

6.7 constitutes an illegal lottery or gambling.

9. Termination

Developer acknowledges and agrees that these Terms and Conditions and permission to use the AQuA App Quality Badge will terminate:

9.1 at any time by AQuA giving Developer not less than 14 days' notice by e-mail;

9.2 immediately upon notice by e-mail from AQuA if Developer breaches any of the conditions contained in these AQuA App Quality Badge Terms.

10. Consequences of Termination

Upon termination, Developer’s right to use the AQuA App Quality Badge will terminate immediately and Developer will cease all use and will, at the election of AQuA, destroy any and all materials bearing the AQuA App Quality Badge. If AQuA terminates the AQuA App Quality Badge Terms pursuant to Clause 7.1 above, then Developer may continue to use any packaging in existence at the date of termination for a period of 3 months after the date of termination.

Upon termination by AQuA pursuant to Clause 7.2, AQuA reserves the right to terminate Developer’s use of and participation in the Quality App Directory immediately and provide Developer notice of such by email.

11. Miscellaneous

11.1 AQuA reserves the right to amend these AQuA App Quality Badge Terms from time to time. AQuA will notify Developer by email and provide the URL location of revised AQuA App Quality Badge Terms Terms.

Developer will be bound by any and all such changes from the time and date of receipt of such email.

11.2 Except as expressly stated in these AQuA App Quality Badge Terms, no licence is granted to Developer to use any trade mark or AQuA naming convention including, without limitation, the names App Quality Alliance, Quality App Directory and AQuA.

11.3 Developer will not register nor attempt to register any trade mark, trade name or domain name which is confusingly similar to or resembles any element of the AQuA brand or the AQuA App Quality Badge branding.

11.4 AQuA is not responsible for any loss or damage caused or alleged to have been caused directly or indirectly by the AQuA App Quality Badge or by Developer’s use or non-use of the AQuA App Quality Badge

11.5 In the event that any provision of these AQuA App Quality Badge Terms conflicts with the law under which the AQuA App Quality Badge Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to these AQuA App Quality Badge Terms, such provision will, at the election of AQuA, be deleted and the remainder of these AQuA App Quality Badge Terms will remain in full force and effect.

12. Governing Law

These AQuA App Quality Badge Terms and the performance hereunder shall be governed by the Laws of the US state of Delaware.

Download AQuA terms and conditions.