Terms of Service ("Agreement")

Last modified on January 8, 2017.

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY BEFORE REGISTERING FOR THE YaftaMobile SERVICE. REGISTERING FOR, OR USING, THE YaftaMobile SERVICE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR, OR USE, THE YaftaMobile SERVICE.

This agreement (“Agreement”) between You (defined below) and YaftaMobile (“YaftaMobile”) owned and operated by Mustamara Labs,LLC consists of these terms and conditions and any policy or rules referred to in them and sets out how YaftaMobile will work with both Publishers and Advertisers (each defined below) in respect of the YaftaMobile website (“YaftaMobile Website”) and the Service (defined below). “You” means any entity, whether a Publisher, Advertiser or both.(defined below).

  1. The YaftaMobile Service

    1. YaftaMobile provides a web-based, global, self-service platform for mobile advertising that enables Publishers seeking to monetise their Apps (defined below) to register and make the Apps available in the form of inventory to the YaftaMobile network (the “Service”). This inventory is then made available to Advertisers who are able to purchase pre-paid Ads (defined below) in the form of, but not limited to text links and banners that are costed on a CPM or CPC basis (each defined below). Funds are drawn down from the Advertiser’s Account (defined below) as their Ads are displayed or clicked-on via the Apps. Each Publisher is then paid a share of the App Revenue (defined below) thus generated from its Apps.

    2. YaftaMobile may change the Terms from time to time at its sole discretion,and if YaftaMobile makes any substantial changes, we will notify you by posting notice of the change on the Site and/or by email to the email address associated with your account.any changes will be effective upon posting the revised version of these Terms. we encourage you to check the date of these Terms whenever you visit the Site to see if these Terms have been updated.

    3. YaftaMobile reserves the right to modify or discontinue, temporarily or permanently, the Service, or any features or portions thereof, without prior notice. You agree that YaftaMobile will not be liable for any modification, suspension or discontinuance of the Service, or any part thereof.

    4. YaftaMobile will provide the Service to You subject to these terms. you may use the Service as described in clause 1.1 above. You must comply with this Agreement. You must use all commercially reasonable efforts to prevent unauthorized used of, or access to, the Service, including safeguarding any usernames and passwords applying to Your Account and You must promptly notify YaftaMobile of any such use or access.

  2. Definitions

    1. “Account” means an account, which You as an Advertiser fund for advertising, and/or an account in which App Revenue (defined below) is stored for You as a Publisher. You may then spend App Revenue in using the Service, or be paid, in each case in accordance with this Agreement.

    2. “Ad” means any advertisement, the content of which an Advertiser or its licensor has produced, including, but not limited to banners, buttons, interstitials, pop ups and graphics, and that YaftaMobile causes to be served to any Publisher's App.

    3. “Advertiser” means the person or company who registers an account on YaftaMobile's Website in order to place ad(s) on Publisher Apps and who enters into this Agreement, whether such person or company is an advertiser or an advertising agency acting on behalf of its clients.

    4. “Associate” means, in respect of a party, that part’s group companies, customers, partners, sub-contractors, Associates, agents, networks, officers, directors, joint ventures, owners and employees.

    5. “CPM” means charging on the cost-per-thousand advertising model. The Advertiser is paid when an Ad is displayed to a visitor to the Publisher’s App. Impressions are aggregated into groups of one thousand Impressions and payments are calculated and made for each one thousand Impressions.

    6. “CPC” means charging on the cost-per-click advertising model. A click is counted when a visitor to an App clicks on an Ad, as determined by YaftaMobile’s tracking technology.

    7. “Impression” An impression is counted each time an ad is displayed to a visitor on an app.

    8. “Intellectual Property Rights” means current and future worldwide rights under patent law, copyright law, trade secret law, trade mark law, moral rights law, and all other similar rights.

    9. “Publisher” means the publisher of an mobile app who has entered into an agreement with YaftaMobile allowing for the display of ads by YaftaMobile on its apps.

    10. “App” means any app that run on smart phones and other mobile devices, to which YaftaMobile serves any Ad.

    11. “App Revenue” means the advertising revenue actually received by YaftaMobile in respect of an App.

    12. “Taxes” means any duties, customs fees, or taxes (other than YaftaMobile’s income tax) associated with the Service, including any related penalties or interest.

    13. “Visitor” means a unique, individual, human, end-user visitor to an App, as determined by YaftaMobile’s tracking technology.

  3. Accounts

    1. YaftaMobile only accepts payments in USD and makes payments only in USD.

    2. Because YaftaMobile pays Publishers a share of the amounts paid to YaftaMobile by Advertisers, YaftaMobile shall not be liable to pay any Publisher if YaftaMobile has not received to the relevant Advertiser’s/s’ Account/s the corresponding amounts in full; and YaftaMobile shall not be liable to make any payment to any Publisher other than payments funded in accordance with this Agreement from Advertiser Accounts.

    3. You warrant and represent that your account information is true and accurate. You must inform YaftaMobile promptly in writing if any of that information becomes untrue or inaccurate.

  4. Fees — Advertisers

    1. The provisions of this section 4 apply to YaftaMobile and to You if you are an Advertiser.

    2. You must pre-pay your Account via the Mustamara Mehfaza website using PayPal before Your Ads can be served to any App.

    3. The minimum payment permitted is $5. The maximum payment permitted is $500 per transaction and Your Account may not contain more than $10.000 at any time without the prior written consent of YaftaMobile. YaftaMobile will serve Your Ads to the chosen Apps following receipt of payment to Your Account and subject to Ads approval, and will cease to serve your Ads to Apps once your Account has been depleted.

    4. YaftaMobile may modify its fee structure at any time, with or without prior notification to you, which may be posted on the Service website, or emailed to you.

    5. If you request a refund of remaining balance, you must submit the request in writing to YaftaMobile via email. An administration charge of ten percent (10%) will be applied to each refund, subject to a minimum of ten (10) USD. Refunds will be made to the same account as the original payment, within 30 days of YaftaMobile’s receipt of a valid request.

    6. YaftaMobile will be solely responsible for determining and counting the Clicks or Impressions for each Ad campaign. No other measurement or statistic of any kind shall be taken into account or have any effect.

  5. Content — Advertisers

    1. You must comply with the technical specifications provided by YaftaMobile to enable proper display of the Ads in connection with the Service.

    2. YaftaMobile will review each ad individually, and has the right to reject the Advertiser’s ad for any reason.

    3. YaftaMobile guarantees neither the placement nor the performance of any Ads to any App. YaftaMobile may without notice at any time cease to serve any Ad. Although YaftaMobile may evaluate or monitor Ads and Apps, YaftaMobile cannot and does not confirm, and is not responsible for ensuring, the lawfulness, accuracy, truthfulness or any other aspect of Ads or Apps.

    4. As between You and YaftaMobile and as between YaftaMobile and any third party, YaftaMobile is not responsible for anything whatsoever regarding Your Ads. Without limitation to the generality of the foregoing, You are solely responsible for the app(s), product(s) and/or service(s) advertised using the YaftaMobile Service and for any landing pages and links. You acknowledge that, as between YaftaMobile and You, You are solely responsible for image creation, advertising text and for all other content of all Your Ads and ensuring their accuracy and lawfulness, including for those Ads generated by Your Associate.

    5. You represent and warrant that: (a) you are authorized to advertise the items/products/services/brands, whether on behalf of yourself or on behalf of Your Associate; and (b) none of Your Ads contains: (i) pornography, (ii) illegal content of any kind, (iii) illegal drugs promotion, (iv) racism, (v) fraudulent or suspicious content, or (vi) any offensive material. YaftaMobile reserves the right at its sole discretion to reject any campaigns including offers for free gifts and promotions, gambling and any misleading subscription services.

    6. You grant to YaftaMobile and to the Publishers a non-exclusive, worldwide, perpetual, royalty-free licence to copy, distribute and display your Ads for the purposes of the Service, which licences shall survive termination of this Agreement.

  6. Payments — Publishers

    1. The provisions of this section 6 apply to YaftaMobile and to You if you are a Publisher.

    2. YaftaMobile shall pay to You a revenue share of the App Revenue generated from Your App.

    3. YaftaMobile will pay you an amount determined in accordance with clause 6.2 within 45 days of the end of each calendar month by PayPal or Bank Transfer. YaftaMobile reserves the right to change payment dates, amounts, and payment methods at any time, with or without prior notification to you, which may be posted on the Service website, or emailed to you.

    4. You shall pay all applicable fees, taxes, commissions or the like in connection with such payment.

    5. Where the amount payable is less than 30 USD in case of paying by PayPal or 200 USD in case of paying by Bank Transfer, the amount will accrue to Your Account until such time as the amount payable reaches the minimum amount.

    6. All payments to Publishers will be calculated using YaftaMobile records only; no other information will be considered.

    7. Without prejudice to any other rights and remedies of YaftaMobile, YaftaMobile reserves the right not to pay any amount to any Publisher that is in breach of any provision of this Agreement or has acted negligently or fraudulently. Without limitation, YaftaMobile shall determine in its sole and absolute discretion which acts or omissions include or constitute activity that is deceptive or fraudulent in nature or otherwise unacceptable. YaftaMobile will not pay or compensate any Publisher in any way for any impressions or clicks that have been determined by YaftaMobile to be invalid or fraudulent. In the event that the Publisher has already received payment for invalid impressions or clicks, YaftaMobile reserves the right to seek remedy from future earnings and/or to demand re-imbursement from the Publisher.

  7. Content — Publishers

    1. You represent and warrant that each of Apps: (i) is owned by or licensed to You; (ii) is not illegal or non-compliant with regulation; (iii) does not infringe in any manner any copyright, database right, design right, patent, trade mark, trade secret or other intellectual property right of any third party anywhere in the world, and whether registered or unregistered; (iv) does not breach any duty towards, or rights of, any person or entity including, without limitation, rights of publicity or privacy, and has not otherwise resulted in and is not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (v) is not false, deceptive or misleading; (vi) is not defamatory, libellous, slanderous or threatening; (vii) is free of viruses, trojan horses, trap doors, back doors, worms, time bombs, cancelbots, spyware and other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system, data or personal information; and (viii) does not contain pornography, illegal content of any kind, illegal drugs promotion, racism, fraudulent or suspicious content, content that promotes gambling, gaming and/or any other activity with an entry fee and a prize, or any offensive material.

    2. YaftaMobile will review each app individually, and has the right to reject the Publisher’s app for any reason.

    3. As between You and YaftaMobile and as between YaftaMobile and any third party, YaftaMobile is not responsible for anything whatsoever regarding Your App(s). Without limitation to the generality of the foregoing, You are solely responsible for the app(s), product(s) and/or service(s) referred to on Your App(s), including any landing pages and links. You acknowledge that, as between YaftaMobile and You, You are solely responsible for image creation, text and for all other content of all Your App(s) and ensuring their accuracy and lawfulness, including for those of your App(s) that are generated by Your Associate.

    4. You must not engage in any fraudulent activity either directly or via any third party, including without limitation clicking on Ads other than by end users; causing automated robots to visiting Apps; encouraging users via incentives to click on Ads etc. If YaftaMobile, in its sole discretion, determines that you have engaged in any fraudulent activity, YaftaMobile may terminate your Account and this Agreement and reserves the right to withhold without refund any amount accrued or expected to accrue to Your Account up to an amount equal to all losses and damages that YaftaMobile may suffer as a result of the fraudulent activity.

    5. You may not directly or indirectly decipher, decompile, disassemble, reverse engineer, or otherwise to attempt to derive any source code, software, scripts, business methods, patentable subject matter, or algorithms, or any intellectual property not published openly by YaftaMobile to the general public.

    6. YaftaMobile guarantees neither the placement nor the performance of Ads to or on any App. YaftaMobile may without notice at any time cease to serve Ads to any App. Although YaftaMobile may evaluate or monitor Ads and Apps, YaftaMobile cannot and does not confirm, and is not responsible for ensuring, the lawfulness, accuracy, truthfulness or any other aspect of Ads or Apps.

  8. Confidentiality, PR

    1. Each party will: (a) protect the other party’s Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to its Associates who need to know it in connection with the lawful use of the Service and who have agreed in writing to keep it confidential. Each party (and every Associate to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfil obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its Associates in breach of this clause. Each party may disclose the other party’s Confidential Information when required by law but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other party; and (b) gives the other party the chance to challenge the disclosure.

      By agreeing to use the Service, you(on behalf of your organization) expressly consent to YaftaMobile’s inclusion of Your name in a customer list, and authorize YaftaMobile, to produce, publish, and share a case study on YaftaMobile’s website about your organization’s use of YaftaMobile, and allow YaftaMobile to use your organization’s name and logo in self-promotional materials such as press releases, advertisements, brochures, etc., without compensation.

  9. Termination:

    You may discontinue use of the Service at any time. YaftaMobile may at any time, in its sole discretion, suspend, modify or terminate all or part of the Service, terminate this Agreement, or suspend or terminate Your participation, that of any App or Ad, in all or part of the Service for any reason, in each case without notice or liability arising from such modification, suspension or termination. The provisions of this Agreement regarding confidentiality, further representations and warranties, termination, indemnification, exclusion of warranties, limitation of liability and law and jurisdiction shall survive the expiration or termination of this Agreement.

  10. Intellectual Property Rights:

    Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content, App, Ad or any of the other’s intellectual property. As between the parties, You own all Intellectual Property Rights in Your Ads and/or Apps, and Mustamara Labs,LLC owns all Intellectual Property Rights in YaftaMobile Service.

  11. Indemnification:

    You shall indemnify and defend YaftaMobile and its Associates (collectively, the “Indemnified Parties”) from and against any and all liability, costs, losses, damages, claims and demands, including without limitation lawyers’ fees and costs incurred by the Indemnified Parties, arising out of or related to (a) Your Ad(s) and/or App(s); or (b) Your breach of any warranty or representation you give in this Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right;. In seeking indemnification, YaftaMobile will promptly notify You of the claim and cooperate with You in defending the claim. You will have full control and authority over the defence, except that: (a) any settlement requiring YaftaMobile to admit liability or to do or refrain from any act or omission will require YaftaMobile’s prior written consent, such consent not to be unreasonably withheld; and (b) YaftaMobile may join in the defence with its own counsel at its own expense.

  12. Further Representations and Warranties:

    Each party represents and warrants that it has full power and authority to enter into this Agreement and that there is no legal reason why it cannot enter into this Agreement. By entering into this Agreement, whether as a Publisher, Advertiser or both, You represent and warrant that: (a) You own and control, or have the required licenses to control, Your Ads and/or Apps (as applicable); (b) You have and will maintain all rights, authorizations and licenses that are required to permit You to use the Service; (c) the execution and delivery of this Agreement, and Your performance of Your obligations hereunder, will not constitute a breach or default of or otherwise violate any agreement to which You or any of Your Associates are party or violate any rights of any third party; (d) You will comply with all laws and regulations applicable to or otherwise connected with Your use of the Service; and (e) that, where You are an individual, You are at least 18 years of age.

  13. Exclusion of Warranties:

    EXCEPT AS EXPRESSLY STATED HEREIN, YaftaMobile MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE SERVICE, ADS OR APPS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT THE SERVICE, ADS OR APPS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-YaftaMobile CONTENT, YaftaMobile SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF THE SERVICE, ADS OR APPS. YaftaMobile cannot guarantee continuous or secure access to the Service and operation of the YaftaMobile website may be affected by many factors outside of YaftaMobile’s control. While YaftaMobile will use reasonable endeavours to maintain an uninterrupted service, YaftaMobile CANNOT GUARANTEE THIS AND DOES NOT GIVE ANY PROMISES OR WARRANTIES (WHETHER EXPRESS OR IMPLIED) ABOUT THE AVAILABILITY OF THE SERVICE.

  14. Limitation of Liability.

    Nothing in this Agreement shall limit or exclude the liability of any party for fraudulent misrepresentation, for death or personal injury resulting from its negligence or the negligence of its Associate or for any other liability that cannot be limited or excluded by law.

    EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS, WHETHER IN CONTRACT, TORT OR OTHERWISE, BASED UPON A CLAIM OF ANY TYPE INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT( INCLUDING NEGLIGENCE) WARRANTY, REPRESENTATION OR STRICT LIABILITY.

    IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS OF ANTICIPATED PROFITS, LOSS OF GOODWILL OR LOSS OF DATA.

    IN ANY EVENT, YaftaMobile’S TOTAL OBLIGATIONS AND/OR LIABILITY CAN NEVER EXCEED THE VALUE OF THE SPECIFIC ADVERTISING CAMPAIGN TO WHICH THE CLAIM RELATES DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

  15. Miscellaneous:

    • Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all other agreements, written or oral, regarding such subject matter. Any rights not expressly granted in this Agreement are reserved by YaftaMobile and all implied licenses are disclaimed. YaftaMobile reserves the right to amend any part of this Agreement at any time and your continued use of the Service constitutes your acceptance of each amended version of this Agreement.
    • Notices: Any notice required or permitted hereunder shall be in writing and shall be given by email at [email protected] Such notice will be deemed effective the next business day after the notice is received. Notices to You may be effected by sending email to the email address specified in Your Account and/or YaftaMobile may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Notices to you are deemed effective when sent (for email) or posted.
    • Third Party Rights: A person who is not a party to this Agreement has no right to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement.
    • Waiver: The failure of either Party to enforce its rights under this Contract at any time for any period shall not be construed as a waiver of such rights.
    • Severability: If any provision of this Agreement is held to be ineffective, unenforceable or illegal for any reason, such decision shall not affect the validity of any or all of the remaining portions thereof.
    • Force Majeure: Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement when such failure or delay is caused by or results from any causes beyond the reasonable control of the affected party.
    • Assignment: The parties shall only be entitled to assign or otherwise transfer their rights and/or obligations under this Agreement with the prior written consent of the other (such consent not to be unreasonably withheld or delayed) except that YaftaMobile shall be entitled to assign or otherwise transfer any of its rights or obligations under this Agreement without your consent
    • Governing Law and Jurisdiction:This Agreement will be governed by and construed under the laws of Egypt without regard to the conflicts of law provisions thereof. Any action relating to this Agreement must be brought in such courts.