Uptodown Terms of Service for Developers

Last Update: April 2025

DEFINITIONS
For the purposes of this Agreement, the following terms will have the following meanings:

Application or Applications:

applications, software, games or any other digital material distributed or offered by the Developers through Uptodown.

Developer:

any natural person, legal entity, company, partnership, trust, fund or vehicle who uses Uptodown to offer and distribute (directly or by authorizing its distribution) Applications through Uptodown in accordance with this Agreement.

Developer Account:

a publication account provided by Uptodown to a Developer so they can use Uptodown and upload and distribute Applications through Uptodown.

Device or Devices:

any IT equipment, including, without limitation, smartphones, tablets, televisions, devices for “automotive use”, or any other that can be used to access Uptodown and to download Applications offered through Uptodown.

Uptodown:

the software owned by or licensed to UTD and services provided by UTD (or UTD Affiliates or third parties in the terms set forth by UTD), including, without limitation, the web, the Uptodown’s native application for Android, and Uptodown’s native App Store for Android; which allows Developers to upload, offer and distribute Applications directly to the Devices of Users and any other associated services which UTD may provide from time to time.

User or Users:

any user of Uptodown.

UTD:

Uptodown Technologies, S.L., with corporate address in Avda. Andalucía, 31, Planta ent. Puerta Of 4, 29006 Málaga, Spain, and Tax Identification Number ESB92461524.

UTD Affiliates:

any entity controlling, controlled by or under common control with UTD, where control means the direct or indirect ownership of more than 50% of such entity’s capital or equivalent voting rights.
ACCEPTANCE OF THIS AGREEMENT
1. These terms form an agreement (the “Agreement”) that constitutes a legally binding contract between the Developer and UTD regarding the use of Uptodown by the Developer and the upload and/or offer and/or distribution to Users of Applications by the Developer through Uptodown. By using Uptodown, the Developer can make Applications available to Users. By means of this Agreement, Uptodown will host the Application, but not any content provided through it that is not included in the Application.
  In the event of a separate written agreement between the Developer and UTD regarding the distribution of the Applications through Uptodown and in case of any inconsistency between such separate written agreement and this Agreement, the separate written agreement shall prevail to the extent of the inconsistency.
  
  During the term of this Agreement, the Developer expressly consents to and authorizes:
  - That Uptodown displays the Applications (and the materials provided together with the Applications) and makes them available to Users so they can view their descriptions, download, install, use and/or update them. This authorization applies to the Uptodown.com website, the Uptodown native application for Android and its native App Store for Android, as well as any of the official Uptodown Technologies, S.L. content channels, any API or technology that allows third parties to access and display the Applications.
  
  - That Uptodown creates materials such as videos, images or texts about the Applications and uses any material within the Application or provided or published by the Developer in order to promote Uptodown and the availability of the Applications within Uptodown through any means.
  
  In order to use Uptodown and upload, offer and distribute Applications, the Developer must agree to this Agreement and register with a Developer Account. The Developer cannot access and use Uptodown if they do not accept this Agreement or a separate written agreement in addition to this Agreement and registers with and activates the Developer Account. The Developer undertakes to provide complete and accurate information through the Developer Account and to keep it up to date at all times, which shall be processed by UTD in accordance with the privacy policy in https://en.uptodown.com/aboutus/privacy. The Developer is solely responsible for maintaining the confidentiality of the Developer Account's credentials and passwords. The Developer agrees that they will be solely responsible for all activities under their Developer Account. If the Developer becomes aware of, or suspects of, any unauthorized use of the credentials and/or password of their Developer Account, they must notify it immediately to Uptodown Technologies, S.L.
2. The Developer represents and warrants that they have full capacity and are authorized to enter into this Agreement and that it does not conflict with any other contract or obligation to which they are subject.
  If an individual consents to this Agreement on behalf of a Developer who is an entity, company, partnership, trust, fund or vehicle, such individual represents and warrants that they have the full legal authority to bind such Developer. If they do not have the necessary legal authority, they shall not consent to the Agreement, and the Developer shall not be allowed to use Uptodown.
USE OF UPTODOWN BY THE DEVELOPER
The Developer shall access and use Uptodown only as necessary for the purposes under this Agreement. The Developer shall not use Uptodown in any manner inconsistent with this Agreement or which infringes third-party rights or violates any applicable laws or regulations.

The Developer shall not engage in any activity that interferes with, disrupts, damages or unauthorisedly accesses Uptodown, the Devices, servers, networks or other properties or services of UTD, UTD Affiliates or any third party.

The Developer shall be responsible for providing the files and uploading their Application or Applications (together with any descriptions, images, icons, URL addresses and videos) to Uptodown, providing all the necessary information about each Application and delivering assistance for any matter of the Applications not related with Uptodown, as well as accurately representing and conveying the required authorizations for the Applications to properly work with the Users’ Devices. The Developer is responsible for retaining a backup copy of the files and materials provided.

When providing the files and materials of the Applications, the Developer shall ensure that they comply with the policies and publication criteria in effect in Uptodown and shall not hide nor misrepresent any features of the Applications from such review. Compliance with such policies and criteria is a condition of the essence of this Agreement.

The Applications shall be subject to the Uptodown evaluation and quality assurance process to ensure their compliance with policies and publication criteria and with this Agreement (without any obligation of monitoring for UTD and without limiting any warranty granted by the Developer under the Agreement). Such policies and publication criteria may be reviewed and updated from time to time with reasonable prior notice. If the Developer changes any Application after providing it to Uptodown, they must resubmit it for the aforementioned evaluation purposes. The Developer agrees to cooperate in the evaluation process, answer questions, and provide information and materials reasonably requested for such purpose. If the Application is rejected after the above process, the Developer will be duly notified.

The Developer represents and warrants that they shall have the sole responsibility for their Applications and for their upload, offer and distribution through Uptodown and that Uptodown does not have any responsibility towards the Developer nor towards third parties in relation to such Applications nor for the consequences of the Developer’s actions, including any damage or loss that Uptodown may experience.

The Developer shall be solely responsible for the appropriate operation, for any and all warranties, for User assistance and for supporting each of the Applications. The Developer shall provide valid and accurate contact information to Users in the Application for customer support and legal purposes, which shall be answered expeditiously.

The Applications must be able to be installed and work on Devices in accordance with their description without causing any adverse effects. The Developer shall be responsible for the Applications, including their administration, management, maintenance and updating and for providing support to Users. The Developer will use all reasonable commercial efforts to ensure that any fault in or of the Applications is immediately corrected.

There is no commitment under this Agreement regarding the location and promotion of the Applications. The Developer agrees that Uptodown allows Users to rate the Applications and write their opinions about them. The ratings of the Applications can be used to determine their positioning in Uptodown. In addition, there is no warranty regarding any commercial or sales result deriving from making the Applications available through Uptodown.

UTD does not warrant that Uptodown is fault-free or free of interruptions and shall have no liability to the Developer for any failure of Uptodown, whether of a technical or other nature. Operation of Uptodown may be suspended for improvement and corrective or preventive maintenance purposes, with a reasonable commercial effort to keep the suspension as short as possible.

UTD reserves the right to change Uptodown and the services provided through it (including supporting it by advertising revenue and displaying advertisements and promotions based on content, queries or other information and including the provision of Applications on a chargeable basis when determined by the Developer) or impose limits or restrictions to its use, or any part thereof, at any time, with or without notice.
LICENSE GRANT
1. The ownership of any intellectual property rights in the Applications shall remain with the Developer or its licensors, and UTD or UTD Affiliates shall not acquire any right, title or interest in or to any Applications other than the licenses set forth below. Title, risk of loss, responsibility for and control over the Applications shall, at all times, remain with the Developer.
  The Developer grants UTD and UTD Affiliates, who accept, a non-exclusive, royalty-free, worldwide license to:
  
  a) use, copy, run, perform, analyze and edit the Applications for evaluation and quality assurance purposes and monitor compliance with this Agreement (directly by UTD or UTD Affiliates or by any third party designated for such purpose).
  
  b) host, copy, display, promote, offer, market, distribute, make available to Users and allow Users to download the Applications through and in the operation and marketing of Uptodown (including the granting of licenses to Users), and making improvements to Uptodown.
  
  c) use, display and create materials derived from the Applications (including materials provided together with the Applications, materials published by the Developer regarding the Applications and the trademarks of the Developers and the Applications), for the promotion and marketing of Uptodown (including running promotional activities) or the availability of the Applications in Uptodown or the services provided through Uptodown.
  
  Such licenses shall be in force during the period that Applications are available on Uptodown (e.g. until Applications are removed by the Developer as provided under the following Clause).
2. The Users shall be authorized and granted a non-exclusive, worldwide and perpetual license to run, display and use the Applications downloaded in the Devices through Uptodown subject to any EULA established by the Developer within each Application, which shall be consistent and subject in any case to this Agreement. Such EULA shall be solely between the Developer and the User, and the Developer is solely responsible for conforming to applicable laws.
TERM, TERMINATION AND PRODUCT REMOVAL
1. This Agreement will take effect from the Developer's acceptance and will remain in effect indefinitely until the Developer removes all Applications from Uptodown using the tools provided on Uptodown and cancels their Developer Account, terminating UTD’s and UTD Affiliates’ distribution rights so that no Application is available for distribution on Uptodown.
  In case the Developer removes only part of the Applications, this Agreement shall cease to apply to the removed Applications, and those removed Applications shall not be available for distribution on Uptodown.
  
  Upon termination or removal, the Applications shall be deleted from Uptodown, provided that UTD or UTD Affiliates may keep a copy of the Applications for the purpose of legitimate technical support of existing Users.
  
  The removal of any Application to prevent further distribution through Uptodown: a) does not affect the license to Users who have acquired or downloaded the Application prior to its removal; b) does not delete the Application from Devices or from any other location on Uptodown where acquired applications and downloads may have been stored on the User’s behalf.
2. UTD is not under any obligation to supervise or control the Applications or their content. If UTD, at its own discretion or at the request of any third party, determines that an Application: a) infringes any applicable laws or third-party rights; b) breaches this Agreement (including any policies or criteria referred to in it); c) infringes agreements with Device manufacturers and authorized providers; or d) otherwise causes a negative impact for UTD, UTD Affiliates or its authorized providers, or if it creates an obligation of any kind or there are complaints by Users about the content or quality of the Application; UTD reserves the right to reject the Application, by removing, suspending, and/or reclassifying it on Uptodown.
  Upon termination of this Agreement, the Developer shall immediately cease all use of Uptodown. UTD will not be liable for compensation, indemnity, or damages as a result of terminating this Agreement in accordance with its terms, without prejudice to any other right or remedy it may have.
REPRESENTATIONS AND WARRANTIES
1. The Developer represents and warrants to UTD and UTD Affiliates that:
  
  - They have all the rights, title and interest (including intellectual property rights) related to their Applications, which are necessary to assume any obligations and grant the licenses as provided in this Agreement.
  - The Applications do not infringe any third-party rights, and all consents, approvals and licenses required to provide, distribute and license the Applications in accordance with this Agreement have been duly obtained.
  - The Applications comply with all requirements and obligations in this Agreement.
  - The Applications are not subject to any use, export, re-export, import, sell or transfer limitations under any applicable laws.
  - Uploading, listing, marketing, distributing, installing and using the Applications in Uptodown does not violate any agreements to which the Developer is a party or of which the Developer is otherwise aware.
  - The Applications do not contain any viruses, hidden content, hacking capabilities, purposes or properties, or other malicious applications (including, for example, any “trap doors,” “worms,” “Trojans,” or “time bombs”) or other unauthorized or hidden programs, and do not collect any User information without their consent.
  - The Applications do not contain any unauthorized third-party content or prohibited content and comply with the applicable laws of each jurisdiction, including foreign export control laws.
  - The information provided within the Developer Account is true, accurate, current and complete.
  - The Applications shall protect the privacy and data protection of Users.
2. In particular and without limitation, when using third-party material, the Developer represents and warrants that the Developer has the rights to distribute such third-party material within the Applications. The Developer undertakes that it shall not upload or make available through Uptodown any material subject to third-party intellectual property rights unless the Developer is the owner of the aforementioned third-party intellectual property rights or has been duly authorized by the legitimate owner to upload or display such third party material.
3. The Developer represents and warrants that they and their Applications are in compliance with all applicable laws.
4. The Developer agrees to defend, indemnify and hold harmless UTD and UTD Affiliates from and against any and all third-party claims and liabilities assessments, losses, costs or damages resulting from or arising out of any breach by the Developer of this Agreement, any separate written agreement relating to Uptodown and/or any of the warranties herein.
ECONOMIC CONDITIONS
1. Each party must bear its own costs associated with performing this Agreement and fulfilling the obligations herein.
2. The Applications distributed through Uptodown can include offers for In-App Products (as defined below), which shall be managed solely through in-app services provided by the Developer. Uptodown does not offer any in-app services and UTD shall not assume any obligation or liability nor grant any warranty in this regard. For the purposes herein, “In-App Products” mean digital products that are intended to be accessed or used within the Application, such as additional or enhanced functionalities, media content, or subscription access to content or services.
  The Developer will solely determine the price (“Price”) for purchasing the In-App Products.
  
  The Developer shall be responsible for claims arising from the change in the Price, for the transition from free to paid In-App Products and for the termination of the In-App Products.
  
  Should an Application distributed through Uptodown have In-App Products, Users must be made aware of this in a clear and transparent manner prior to purchasing such features. During the payment process for In-App Products, the Developer must ensure that the User consents to pay and must make the User aware that such payment shall be made without limiting and in addition to any applicable requirements under applicable regulations.
  
  The Developer is solely responsible for any and all liabilities arising from or in connection to the In-App Products and for their compliance with any applicable laws and regulations. In-App Products must also comply with policies and distribution criteria established for Uptodown from time to time.
PERSONAL DATA
1. If there is any collection of personal data related to the Users (hereinafter, "User Information"), the Developer will be solely responsible for protecting the privacy and legal rights of Users and guaranteeing the confidentiality of that User Information, ensuring that the collection, processing, storage and transmission of the User Information is in accordance with all applicable rules, regulations and laws, including the laws protecting personal data. Furthermore, the Applications may only use that User Information for the limited purposes for which the User has given consent to do so or for which the Developer is entitled according to applicable laws. If the Applications store personal or sensitive information provided by Users, the Developers agree to do so securely and only for as long as it is needed. The Developer will ensure that the aforesaid processing is undertaken in a lawful manner. The Applications must comply with all applicable privacy laws and regulations.
2. The Developer will refrain from transferring User Information to UTD or to any UTD Affiliate in a manner that could violate any rule, regulation or law and will be liable if they do so.
3. The Developer will implement such physical, technical, organizational and administrative measures as may be necessary to protect the User Information collected in connection with the Applications from any unauthorized use, alteration, disclosure, distribution or access.
LIABILITY LIMITATION
1. UTD’s and UTD Affiliates’ liability for damages, whether based on negligence, breach of contract, breach of warranty or any other basis, regardless of whether the damage may be foreseen, will be limited to the actual damages suffered by the Developer. UTD and UTD Affiliates will not be liable for any other kind of damages, including, without limitation, lost profits, lost data or business interruption.
2. To the extent permitted by applicable laws, in no event will UTD's and UTD Affiliates’ total liability to the Developer for any damages deriving from or related to this Agreement exceed the amount of EUR 1,000.
3. To the maximum extent permitted by law, the Developer understands and expressly agrees that their use of Uptodown is solely at their risk and that the information, documents, software and other materials contained on Uptodown are provided “as is”. UTD and UTD Affiliates do not warrant or guarantee that Uptodown will be:
  
  (a) compatible with all or any hardware and software;
  (b) available all the time or at any specific time, uninterrupted, secure or error-free; or
  (c) suitable for User’s requirements or meet any specific level of performance or functionality.
  To the fullest extent permitted by law, UTD and UTD Affiliates expressly exclude all representations, conditions, warranties or other terms which apply to Uptodown and associated content/information, including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose or non-infringement which might otherwise apply but for this Clause.
  
  If in a relevant jurisdiction these limitations and exclusions are not permitted, then our liability shall be limited and excluded to the fullest extent permitted by law.
GENERAL
1. UTD may make changes to this Agreement from time to time. In such cases, UTD will make a new copy of the Agreement available at Uptodown, and any new additional terms will be made available to the Developer from within or through Uptodown and may, but it is not obliged to, provide a notice to the Developer. Changes to the Agreement will become effective and be deemed accepted by the Developer: (a) immediately for Developers registering a Developer Account and entering into the Agreement after the notification is posted; or (b) for pre-existing Developers, on the date specified in the notice or publication, which will be no sooner than 30 days after the changes are posted (except for changes required by law which will be effective immediately). If the Developer does not agree with the changes, they must terminate this Agreement, their Developer Account and their use of Uptodown, being this the only and exclusive remedy in such regard. The continued use of Uptodown by the Developer after the date of entering into force of the change of this Agreement will be deemed as an agreement by the Developer to the modified terms of this Agreement.
2. The Developer agrees that UTD may provide them with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on Uptodown.
3. The Developer may not transfer, assign, charge or otherwise dispose of this Agreement or any of its rights or obligations arising under it without prior written consent. UTD may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement or any rights or obligations arising under it at any time during its term.
4. Any notice that a Party wishes or is required to give to the other under this Agreement must be in English and in writing and addressed to the attention of the appropriate person by certified mail at the address of the corresponding Party as indicated below:
  
  a) If the Notice is addressed to UTD: Address: Avda. Andalucía, 31, Planta ent. Puerta Of 4, 29006 Málaga, Spain. To the attention of: Legal
  b) If the Notice is addressed to the Developer, to the address for that purpose appearing in the Developer Account.
  If the deadline for giving a notice is Saturday, Sunday or a National Holiday, the term for giving it will be extended to the following business day.
APPLICABLE LAW AND JURISDICTION
1. This Agreement is governed by the general laws (derecho común) of the Kingdom of Spain. Any dispute between the parties in relation to this Agreement shall be resolved by the courts and tribunals of the city of Málaga, waiving any right to any other jurisdiction.