Mutual Non-Disclosure Agreement

1. Confidential Information

"Confidential Information" means all non-public information disclosed by one Party (the "Discloser") to the other (the "Recipient"), in any form, that is marked confidential or that a reasonable person would understand to be confidential. For the Customer this expressly includes unreleased app builds, TestFlight access, features, designs, roadmaps, test accounts and credentials, and the findings in reports about the Customer's app. For App QC Center it includes our checklists, inspector identities, pricing arrangements not published on our website, and internal tools.

2. Exclusions

Information is not Confidential Information if the Recipient can show it (a) is or becomes public without breach of this NDA, (b) was lawfully known to the Recipient before disclosure without a duty of confidence, (c) is lawfully received from a third party without a duty of confidence, or (d) is independently developed without use of the Discloser's information.

3. Obligations

The Recipient will (a) use Confidential Information only to perform or receive the inspection services, (b) not disclose it to anyone other than its employees, contractors (including our inspectors and lead reviewers) and professional advisers who need to know it for that purpose and are bound by confidentiality obligations at least as protective as this NDA, and (c) protect it with at least the care it uses for its own confidential information, and no less than reasonable care.

App QC Center additionally ensures that inspectors (i) see only the orders assigned to them, (ii) do not take screenshots or recordings outside our systems, (iii) leave TestFlight groups and remove builds after delivery, and (iv) do not mention the Customer or its app publicly.

4. Compelled disclosure

If the law or a court requires disclosure, the Recipient may disclose the minimum required after giving the Discloser prompt notice where lawful, so the Discloser can seek protection.

5. Return and deletion

On request, or when the services end, the Recipient will delete or return Confidential Information, except copies kept under a retention obligation in law or in automatic backups, which remain subject to this NDA until deleted. Our standard deletion periods are set out in the Data Processing Agreement.

6. Publicity

Neither Party will name the other publicly, for example as a customer or supplier, without written consent. The Customer may freely display an Inspected seal it has been issued and share its own report.

7. Term

This NDA applies from the first disclosure and continues for five years after the last order or account closure, and for trade secrets for as long as they remain trade secrets.

8. Remedies

Unauthorised disclosure may cause harm for which damages are not an adequate remedy; the Discloser may seek injunctive relief in addition to any other remedies. The liability limitation in the Terms of Service does not apply to breaches of this NDA caused by intent or gross negligence.

9. General

No licence is granted except as needed to perform the services. Information is provided "as is". This NDA is governed by Dutch law; disputes go to the competent court in Amsterdam. If the Customer and App QC Center sign a separate NDA, the signed NDA prevails to the extent of any conflict.