Terms of Service - Closed Testing Service

1. Agreement and Parties

These Terms of Service ("Terms") govern the contractual relationship between Android Is Fun ("Service Provider," "We," "Us," or "Our") and the client ("Client" or "You") utilizing our Android Closed Testing Service ("Service").

By engaging the Service, the Client agrees to be bound by these Terms, which constitute a legally binding agreement.

2. Description of Service

The Service provides technical infrastructure and reporting capabilities for the closed beta testing of the Client's pre-release Android application ("the App"). The primary function of the Service is to collect diagnostic data, crash reports, usage analytics, and tester feedback to assist the Client in improving the App's quality, stability, and performance prior to public launch.

**Scope:** Testing is strictly limited to the version of the App provided by the Client for the duration agreed upon in the separate Statement of Work (SOW).
**Exclusions:** The Service Provider is not responsible for the design, core functionality, content, or ultimate performance of the App in the public domain.

3. Client Obligations and Responsibilities

The Client agrees to the following:

**App Provision:** Provide the Service Provider with all necessary files (APKs/AABs) and Google Play Console access/credentials required to deploy the App to the closed testing track.
**Tester Management:** Be solely responsible for identifying, vetting, and managing the list of testers ("Testers"). The Client warrants that all Testers have agreed to the Client's own privacy terms and, where required, specific non-disclosure agreements concerning the App.
**Legal Compliance:** Ensure the App and its content comply with all applicable local and international laws and regulations, including data privacy laws (e.g., GDPR, CCPA).
**Data Rights:** The Client must ensure they have all necessary rights, licenses, and permissions to allow the Service Provider to process the data collected from the App and the Testers as described herein.

4. Data Ownership and Confidentiality

4.1 Data Ownership

All intellectual property rights in and to the App remain exclusively with the Client. All diagnostic data, crash logs, and Testers’ feedback collected through the Service are owned by the Client. The Service Provider acts only as a processor and reporter of this data.

4.2 Confidential Information

The App (in its pre-release state), all related designs, features, documentation, and the results of the testing (including all generated data and reports) constitute Confidential Information of the Client. The Service Provider shall not disclose such Confidential Information to any third party, except as required to perform the Service or as mandated by law.

5. Payment and Fees

The Client shall pay the Service Provider the fees specified in the agreed-upon Statement of Work (SOW) or equivalent contractual document. Payment terms (e.g., net 30 days) and currency are defined in the SOW. Failure to pay may result in the suspension or termination of the Service.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY DATA REPORTED THROUGH THE SERVICE.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR DATA.

In no event shall the aggregate liability of the Service Provider exceed the amount the Client paid to the Service Provider for the specific testing engagement in the three (3) months immediately preceding the event giving rise to the claim.

8. Term and Termination

These Terms commence on the Effective Date and remain in effect until the completion of the testing engagement as defined in the SOW, or until terminated earlier as follows:

**Termination by Client:** The Client may terminate the Service upon written notice, subject to any termination fees specified in the SOW.
**Termination by Service Provider:** We may terminate the Service immediately if the Client breaches any material term of this Agreement (e.g., failure to pay, provision of malware-infected App, or legal non-compliance).
**Survival:** Sections 4, 6, 7, and 9 shall survive any termination of these Terms.

9. General Provisions

**Governing Law:** These Terms shall be governed and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
**Entire Agreement:** These Terms, together with the executed SOW, constitute the entire agreement between the Service Provider and the Client regarding the Service.
**Waiver:** No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.