MBA App Store Terms and Conditions

Question

Updated as of 01/27/2025
GMAT Club Terms and Conditions

This agreement (the "Agreement") is a binding agreement between the individual or the entity identified in your GMAT Club account ("you" or "Publisher") and GMAT Club (“GMAT Club”)

This Agreement provides the terms and conditions of your participation in the GMAT Club MBA Application self-publication and distribution program (the "Program") and the distribution the Publisher’s MBA application(s) and all other digital content submitted by you through the Program ( "Digital Media") .

1. Agreement Acceptance. You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you're given the option to do so or (b) by participating in the Program, or any part of it. If you don't accept the terms, you are not entitled to use the Program. If the Publisher is an entity, the individual person who accepts this Agreement for the Publisher represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher to the terms of this Agreement.

2. Agreement Amendment. The Program will change over time and the terms of this Agreement will need to change over time as well. We reserve the right to change the terms of this Agreement at any time in our sole discretion. We will give you notice of the changes by posting new terms in place of the old with a revision date indicated at the top. Changes to terms of this Agreement will be effective on the date we post them, unless we otherwise provide at the time we post the changes. You are responsible for checking for updates and your continued use of the Program after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must withdraw your Digital Media from further distribution through the Program and terminate your use of the Program.

3. Term and Termination: The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your Program account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your Digital Media within 5 business days from the date you provide us notice of termination. We may also suspend your Program account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfill any customer orders for your Digital Media pending as of the date of termination or suspension, and we may continue to maintain digital copies of your Digital Media in order to provide continuing access to or re-downloads of your Digital Media, to support customers who have purchased your Digital Media prior to termination or suspension. All rights to Digital Media acquired by customers through this Program will survive termination.

4. Account Security. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized those activities. You are responsible and may be held liable for losses incurred by GMAT Club due to any such activities. You may not permit any third party to use the Program through your account and will not use the account of any third party. Your acceptance of this Agreement includes and is on behalf of any other party who uses the Program under or in connection with your account, such as an employee or contractor. You agree to immediately notify GMAT Club of any unauthorized use of your username, password or account.

5. Delivery. You must provide to GMAT Club, at your own expense each piece of Digital Media you desire to distribute through the Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.

6. Content requirements. GMAT Club takes violations of laws and proprietary rights very seriously. As GMAT Club is only providing a marketplace for publishers of Digital Media, it is the sole responsibility and liability of authors, publishers, and selling partners to ensure their content: 
6.1. Does not violate laws or copyright, trademark, privacy, publicity, or other rights. We will not accept content under copyright that is freely available on the web unless it’s provided by the owner of the copyright. 
6.2. Does not include content that can be interpreted as hate speech, promotes the abuse or sexual exploitation of children, contains pornography, glorifies rape or pedophilia, advocates terrorism, or other material we deem inappropriate or offensive.
6.3. Does not include or is intended to advertise or promote products or services
6.4. Are authentic, self- written applications that have been submitted to an accredited post graduate business school

7. Content Rejection. We are entitled to determine what content we accept and distribute through the Program in our sole discretion. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Digital Media and the accuracy of the information or documentation you provide to us with respect to those rights.

8. Reformatting. We may, in our discretion, reformat your Digital Media, and you acknowledge that unintentional errors may occur in the process of reformatting of your Digital Media. If any such errors do occur, you may remove the affected Digital from further sale in the Program and this will be your only remedy for the errors. We may also, in our discretion, correct any errors existing in a Digital Media file as you deliver it to us.

9. Marketing and Promotion. We will have sole discretion in determining all marketing and promotions related to the sale of your Digital Media through the Program and may, without limitation, market and promote your Digital Media by making portions of your Digital Media available to prospective customers without charge, and by permitting prospective customers to see excerpts of your Digital Media in response to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any Digital Media, or to continuing marketing, distributing or selling your Digital Media after we have commenced doing so.

10. Royalties. If you are not in breach of your obligations under this Agreement, for each Digital Media sold to a customer through the Program, GMAT Club will pay you a royalty of 70% of the net amount collected from end customer. If GMAT Club incurs any transfer fees with associated payments, those fees will be deducted from royalty payment. You understand and agree that GMAT Club will, from time to time and in GMAT Club’s sole discretion, promote the Program and the marketplace by offering discounts and bundled pricing of your Digital Media. You agree that GMAT Club has the absolute right to determine and extend such discounts to customers without notifying you and that any and all Royalties payments will be calculated amount actually received by GMAT Club after all discounts.

11. Payment Terms. Unless otherwise specified, GMAT Club will pay royalty on sales approximately 30 days following the end of the calendar month during which the sales were made. All payments will be made by GMAT Club via PayPal or Amazon Gift card in the currency of U.S. Dollars.

12. Payment Disputes. You may not bring a suit or other legal proceeding against us with regard to any statement unless you bring it within six months after the date the statement is available. Any such proceeding will be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest.

13. Offsets, etc. We can withhold royalties and offset them against future payments as indicated below. Our exercise of these rights does not limit other rights we may have to withhold or offset royalties or exercise other remedies.
13.1. If we pay you a royalty on a sale and later issue a refund, return, or credit for that sale, we may offset the amount of the royalty previously paid for the sale against future royalties, or require you to remit that amount to us.
13.2. If a third party asserts that you did not have all rights required to make one your Digital Media available through the Program, we may hold all royalties due to you until we reasonably determine the validity of the third party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and we will not owe you royalties for that Digital Mediaand we may offset any of those royalties that were previously paid against future royalties, or require you to remit them to us.
13.3. Upon termination of this Agreement, we may withhold all royalties due for a period of three months from the date they would otherwise be payable in order to ensure our ability to off-set any refunds or other offsets we are entitled to take against the royalties.
13.4. If we terminate this Agreement because you have breached your representations and warranties, you forfeit all royalties not yet paid to you. If after we have terminated your account you open a new account without our express permission, we will not owe you any royalties through the new account.
• If we determine in our sole discretion that deceptive, fraudulent, or illegal activity has occurred with respect to your Digital Media or your Program account, then we may permanently withhold payments to you, and we may offset any payments previously paid against future payments or require you to remit them to us.

14. Grant of Rights. You grant to GMAT Club, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to store, market and distribute your Digital Media within this Program

15. Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee's delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Digital Media delivered under the Program comply with the technical delivery specifications provided by us; (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Digital Media or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable under this Agreement; and (f) you will not attempt to exploit the GMAT Club service. To the fullest extent permitted by applicable law, you will indemnify, defend and hold GMAT Club, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.

16. Limitation of Liability. THE PROGRAM IS PROVIDED "AS IS." WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY GMAT CLUB UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT GMAT CLUB CANNOT ENSURE THAT DIGITAL MEDIA SUBMITTED BY OR ON BEHALF OF PUBLISHER WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES GMAT CLUB MAY MAKE APPLICABLE IN CONNECTION WITH USE OF BOOKS, AND GMAT CLUB WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. GMAT CLUB STRIVES TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.

Force Majeure. GMAT CLUB will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.

17. Governing Law. This Agreement shall be governed by the laws of the State of Washington, without reference to rules relating to conflicts of law, and the parties consent to resolve any disputes through arbitration according to American Arbitration Association guidelines at a location mutually agreeable to both parties (and if the parties cannot agree on such location, then in such case the AAA office in Seattle, Washington). In addition to any other relief a party may be entitled to, any arbitrator or court shall award the prevailing party in any claim, dispute or proceeding the prevailing party’s reasonable attorney’s fees and costs incurred against the losing party.

18. Attorneys' Fees. The prevailing party of any dispute shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.

19. Survival. The respective rights and obligations of the parties shall survive any termination of this Agreement to the extent necessary to maintain the intended preservation of such rights and obligations.

20. Other Legal provisions. This Agreement may not be amended, except in writing signed by both parties. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (a) GMAT CLUB may assign any of its rights and obligations under this Agreement without consent and (b) you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give GMAT CLUB written notice of the assignment no later than ten (10) business days following the assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies.

MBA App Store Terms and Conditions

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