1. DEFINITIONS
As used in these Terms of Service, the following terms have the meanings set forth below:
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of fifty percent (50%) or more of the outstanding voting securities.
"Affiliate Partnerships" means commercial arrangements between Direct2App and third-party software vendors or service providers where Direct2App receives compensation for referrals, clicks, or sales generated through the Platform.
"Browser User" means any individual who accesses and uses the Platform without creating an Account, limited to viewing publicly available listings and content.
"Direct2App," "Company," "we," "us," or "our" means Direct2App.com, LLC, a limited liability company organized under the laws of the Netherlands, and its affiliates and subsidiaries.
"Featured Listings" means software listings that receive enhanced visibility, placement, or promotional treatment on the Platform in exchange for payment or other consideration.
"Platform" means the Direct2App.com website, mobile applications, and all related services, tools, features, and content provided by Direct2App.
"User-Generated Content" means any content, including but not limited to reviews, ratings, comments, feedback, images, videos, or other materials submitted by Users or Vendors to the Platform.
"Users" means collectively Browser Users, Vendors, and any other individuals or entities that access or use the Platform.
"Vendors" means software companies, developers, or authorized representatives who create Accounts to submit software listings to the Platform.
2.1 Service Description. Direct2App operates a comprehensive online directory platform that connects software vendors with potential customers through:
- Software discovery and comparison tools
- Featured listings and promotional placements
- User-generated reviews and ratings
- AI-powered recommendation systems
- Market intelligence and analytics
2.2 Public Access Rights. Browser Users may access the Platform without registration to:
- Browse and search software listings
- View public reviews and ratings
- Access general market information
- Utilize basic comparison tools
2.3 Account-Required Services. The following activities require Account creation and verification:
- Submitting software listings
- Publishing User-Generated Content
- Accessing premium analytics
- Participating in vendor programs
2.4 Service Availability. Direct2App provides Platform services on an "as available" basis and reserves the right to modify, suspend, or discontinue services at any time with or without notice.
3. ACCOUNT REGISTRATION AND VERIFICATION
3.1 Vendor Account Requirements. Vendors must:
- Provide accurate business information and contact details
- Verify corporate identity through documentation
- Maintain current software licensing and business registrations
- Designate authorized representatives for account management
3.2 Verification Process. Direct2App employs multi-step verification including:
- Business registration validation
- Domain ownership confirmation
- Identity verification of account holders
- Ongoing monitoring for compliance
3.3 Account Responsibilities. Account holders must:
- Maintain accurate and current information
- Secure account credentials and access
- Notify Direct2App of unauthorized access
- Comply with all Platform policies and procedures
II. REVENUE MODEL & COMMERCIAL DISCLOSURES
4. FEATURED LISTINGS AND PAID PLACEMENTS
4.1 Featured Listings Program. Direct2App offers enhanced visibility through Featured Listings, which may include:
- Priority search placement
- Enhanced visual presentation
- Promotional badges and indicators
- Increased analytics and insights
4.2 Payment and Pricing. Featured Listing fees are:
- Established through individual agreements or published rate cards
- Billed monthly or annually as specified
- Subject to change with thirty (30) days' written notice
- Non-refundable except as expressly provided
4.3 Placement Transparency. Direct2App clearly discloses:
- Featured Listings through visual indicators
- Paid placement relationships
- Sponsored content designations
- Commercial relationships affecting rankings
4.4 Performance Disclaimers. Direct2App makes no guarantees regarding:
- Specific placement positions
- Traffic generation or lead conversion
- Return on investment
- Competitive advantage or market share
5. AFFILIATE RELATIONSHIPS AND COMMISSION STRUCTURE
5.1 FTC Compliance Disclosure. Direct2App maintains affiliate relationships with software vendors and service providers. When users purchase software through Platform links, Direct2App may receive compensation. All affiliate relationships are disclosed in accordance with Federal Trade Commission guidelines.
5.2 EU Transparency Requirements. For users in the European Union, Direct2App complies with applicable transparency obligations including disclosure of:
- Commercial relationships affecting search rankings
- Paid promotional content
- Commission-based partnerships
- Advertising revenue sources
5.3 Commission Structure. Affiliate commissions may be based on:
- Percentage of sale value
- Fixed fees per transaction
- Subscription revenue sharing
- Lead generation payments
5.4 Independence Commitment. Affiliate relationships do not compromise Direct2App's commitment to:
- Accurate software information
- Unbiased user reviews
- Transparent search algorithms
- Fair vendor treatment
6. PAYMENT PROCESSING AND BILLING
6.1 Payment Methods. Direct2App accepts payment through:
- Credit and debit cards
- Bank transfers and ACH payments
- Digital payment processors
- Cryptocurrency (where legally permitted)
6.2 Billing Procedures. All fees are:
- Billed in advance unless otherwise specified
- Charged automatically on renewal dates
- Subject to applicable taxes and fees
- Documented through electronic invoicing
6.3 Late Payment and Collections. Overdue accounts may be subject to:
- Late payment fees of 1.5% per month
- Service suspension after thirty (30) days
- Collections agency referral
- Legal action for debt recovery
III. INTELLECTUAL PROPERTY & CONTENT RIGHTS
7.1 Direct2App Intellectual Property. Direct2App retains exclusive ownership of:
- Platform software and algorithms
- Website design and user interface
- Proprietary databases and analytics
- Trademarks, logos, and branding materials
- All improvements and derivative works
7.2 User-Submitted Content License. By submitting content to the Platform, Users grant Direct2App a worldwide, royalty-free, perpetual, irrevocable license to:
- Display, distribute, and promote the content
- Modify content for formatting and compliance
- Create derivative works for Platform optimization
- Sublicense content to third-party partners
7.3 Vendor Trademark License. Vendors grant Direct2App the right to:
- Display vendor trademarks and logos
- Use company names in promotional materials
- Include branding in Platform marketing
- Reference vendor relationships in business communications
8. DMCA COMPLIANCE AND COPYRIGHT PROTECTION
8.1 Copyright Policy. Direct2App respects intellectual property rights and maintains a policy of removing infringing content upon proper notification.
8.2 DMCA Notice Procedure. Copyright holders may submit takedown notices containing:
- Identification of copyrighted work
- Location of infringing content
- Contact information
- Good faith belief statement
- Accuracy declaration under penalty of perjury
8.3 Counter-Notice Process. Users may submit counter-notices challenging takedown requests following Digital Millennium Copyright Act procedures.
8.4 Repeat Infringer Policy. Direct2App terminates accounts of users who repeatedly infringe copyrights.
9. CONTENT MODERATION AND EDITING RIGHTS
9.1 Platform Editorial Rights. Direct2App reserves the right to:
- Edit content for accuracy and clarity
- Remove false or misleading information
- Moderate user-generated content
- Enforce community guidelines
9.2 Quality Standards. All Platform content must meet standards for:
- Factual accuracy and completeness
- Professional presentation
- Legal compliance
- Community appropriateness
9.3 Content Removal Authority. Direct2App may immediately remove content that:
- Violates these Terms of Service
- Infringes intellectual property rights
- Contains false or defamatory statements
- Poses security or legal risks
IV. DATA PROTECTION & PRIVACY COMPLIANCE
10. US AND EU REGULATORY COMPLIANCE
10.1 Applicable Laws. Direct2App complies with:
- General Data Protection Regulation (GDPR)
- California Consumer Privacy Act (CCPA)
- Federal Trade Commission Act requirements
- State and federal privacy laws
10.2 Data Processing Lawful Basis. Personal data processing is based on:
- Contractual necessity for service provision
- Legitimate interests in Platform operation
- User consent for marketing communications
- Legal obligations for record-keeping
10.3 Data Subject Rights. Individuals may exercise rights to:
- Access personal data
- Correct inaccurate information
- Delete personal data (right to erasure)
- Restrict processing activities
- Data portability
11. DATA COLLECTION AND SHARING PRACTICES
11.1 Information Collection. Direct2App collects:
- Account registration information
- Usage analytics and behavior data
- Communication records
- Payment and billing information
- Device and technical data
11.2 Vendor Data Sharing. With proper legal basis, Direct2App may share:
- Aggregated user analytics
- Lead information for verified inquiries
- Performance metrics and insights
- Market research data
11.3 Third-Party Sharing. Data may be shared with:
- Service providers and contractors
- Affiliate partners (with consent)
- Legal authorities when required
- Business transfer recipients
12. CROSS-BORDER DATA TRANSFERS
12.1 International Transfers. Data may be transferred to countries outside the EU/EEA through:
- Adequacy decisions
- Standard contractual clauses
- Binding corporate rules
- Appropriate safeguards
12.2 Transfer Safeguards. Direct2App implements:
- Technical and organizational measures
- Contractual data protection obligations
- Regular compliance monitoring
- Data subject notification procedures
13. WARRANTY DISCLAIMERS
13.1 Service "As Is" Provision. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
- UNINTERRUPTED OR ERROR-FREE OPERATION
- ACCURACY OF INFORMATION OR CONTENT
- SECURITY OR VIRUS-FREE OPERATION
13.2 Third-Party Software Disclaimers. DIRECT2APP MAKES NO WARRANTIES REGARDING:
- THIRD-PARTY SOFTWARE FUNCTIONALITY
- VENDOR CLAIMS OR REPRESENTATIONS
- SOFTWARE COMPATIBILITY OR PERFORMANCE
- PRICING ACCURACY OR AVAILABILITY
13.3 Information Accuracy. Users acknowledge that:
- Software information is provided by vendors
- Reviews reflect individual user experiences
- Platform content may contain errors
- Independent verification is recommended
14. LIABILITY LIMITATIONS
14.1 Maximum Liability Cap. DIRECT2APP'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE LESSER OF:
- $1,000 USD
- AMOUNTS PAID BY USER IN THE PRECEDING 12 MONTHS
14.2 Excluded Damages. DIRECT2APP SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- LOST PROFITS OR BUSINESS OPPORTUNITIES
- DATA LOSS OR CORRUPTION
- THIRD-PARTY ACTIONS OR OMISSIONS
14.3 Business Decision Disclaimer. Users acknowledge that:
- Software selection decisions are their responsibility
- Due diligence is required before purchases
- Platform information is for general guidance only
- Professional consultation may be necessary
15. INDEMNIFICATION PROVISIONS
15.1 User Indemnification. Users agree to indemnify Direct2App against claims arising from:
- User content or submissions
- Terms of Service violations
- Negligent or unlawful conduct
- Infringement of third-party rights
15.2 Vendor Additional Obligations. Vendors additionally indemnify against:
- Software functionality claims
- Intellectual property disputes
- Customer service issues
- Regulatory compliance failures
VI. ACCOUNT MANAGEMENT & ENFORCEMENT
16. ACCOUNT CREATION AND VERIFICATION
16.1 Registration Requirements. Account creation requires:
- Accurate personal or business information
- Valid email address and contact details
- Acceptance of Terms of Service and Privacy Policy
- Verification through documented procedures
16.2 Prohibited Account Activities. Users may not:
- Create multiple accounts without permission
- Share account credentials
- Impersonate other persons or entities
- Provide false or misleading information
16.3 Account Security. Users are responsible for:
- Maintaining credential confidentiality
- Monitoring account activity
- Reporting unauthorized access
- Implementing reasonable security measures
17. FEATURED LISTING MANAGEMENT
17.1 Listing Submission Process. Featured Listings require:
- Complete software information
- Accurate pricing and feature descriptions
- Current contact and support details
- Compliance with content guidelines
17.2 Modification Rights. Direct2App may:
- Edit listings for accuracy and formatting
- Update categories and classifications
- Adjust search rankings and placement
- Remove non-compliant content
17.3 Performance Monitoring. Direct2App tracks:
- Listing view and engagement metrics
- User feedback and ratings
- Compliance with platform policies
- Payment and billing status
18. PROHIBITED USES AND ENFORCEMENT
18.1 Prohibited Activities. Users may not:
- Submit false or misleading information
- Engage in manipulative SEO practices
- Spam or harass other users
- Attempt to circumvent platform security
- Violate applicable laws or regulations
18.2 Immediate Termination Grounds. Accounts may be terminated immediately for:
- Fraudulent or deceptive practices
- Intellectual property infringement
- Security threats or violations
- Legal violations or criminal activity
18.3 Enforcement Procedures. Direct2App may:
- Issue warnings and corrective notices
- Suspend accounts temporarily
- Terminate accounts permanently
- Report violations to authorities
VII. USER-GENERATED CONTENT & REVIEWS
19. REVIEW SUBMISSION AND PUBLICATION
19.1 Review Guidelines. User reviews must:
- Be based on actual software experience
- Contain factual, honest assessments
- Avoid defamatory or offensive language
- Comply with community standards
19.2 Publication Process. Reviews undergo:
- Automated content screening
- Manual moderation when necessary
- Vendor response opportunities
- User verification procedures
19.3 Review Ownership. Submitted reviews:
- Remain owned by the submitting user
- Are licensed to Direct2App for platform use
- May be moderated or removed for violations
- Cannot be edited by vendors
20. CONTENT MODERATION PROCEDURES
20.1 Moderation Standards. Direct2App removes content that:
- Contains false or misleading information
- Violates intellectual property rights
- Includes personal attacks or harassment
- Promotes illegal activities
20.2 Vendor Response Rights. Vendors may:
- Respond publicly to reviews
- Flag potentially false reviews
- Request moderation review
- Provide additional context
20.3 Appeal Process. Users may appeal content decisions through:
- Formal written appeals
- Additional evidence submission
- Third-party mediation when appropriate
- Final decision by Direct2App management
21. FALSE REVIEW PREVENTION
21.1 Detection Systems. Direct2App employs:
- Automated fraud detection algorithms
- User verification requirements
- Pattern analysis for fake reviews
- Manual investigation procedures
21.2 Penalties for False Reviews. Violations result in:
- Immediate content removal
- Account warnings or suspension
- Permanent account termination
- Legal action when appropriate
21.3 Vendor Compliance. Vendors may not:
- Incentivize positive reviews
- Submit fake reviews
- Manipulate rating systems
- Pressure users for specific feedback
VIII. REGULATORY COMPLIANCE FRAMEWORK
22. FTC AFFILIATE DISCLOSURE REQUIREMENTS
22.1 Material Connection Disclosure. Direct2App clearly discloses:
- Financial relationships with software vendors
- Commission-based partnerships
- Paid promotional content
- Sponsored listing arrangements
22.2 Disclosure Implementation. Disclosures are:
- Clear and conspicuous to users
- Placed near relevant content
- Updated as relationships change
- Compliant with FTC guidelines
23. EU DIGITAL SERVICES ACT COMPLIANCE
23.1 Content Moderation Transparency. For EU users, Direct2App provides:
- Clear content policies and guidelines
- Transparent moderation procedures
- Appeal mechanisms for decisions
- Regular transparency reports
23.2 Risk Assessment and Mitigation. Direct2App implements:
- Systemic risk assessments
- Appropriate mitigation measures
- Independent auditing procedures
- Regulatory cooperation
24. CONSUMER PROTECTION AND FAIR TRADING
24.1 Advertising Standards. All Platform advertising complies with:
- Truth in advertising requirements
- Substantiation standards for claims
- Clear identification of paid content
- Prohibition of deceptive practices
24.2 Fair Trading Practices. Direct2App maintains:
- Non-discriminatory platform access
- Transparent ranking algorithms
- Fair dispute resolution procedures
- Equal treatment of vendors
IX. STANDARD LEGAL PROVISIONS
25. GOVERNING LAW AND JURISDICTION
25.1 US Users. For users located in the United States:
- These Terms are governed by the laws of [STATE]
- Disputes shall be resolved in the courts of [JURISDICTION]
- Federal law applies where applicable
25.2 EU Users. For users located in the European Union:
- Local consumer protection laws apply
- Mandatory dispute resolution rights are preserved
- EU data protection regulations govern
25.3 International Users. For users in other jurisdictions:
- Local laws may provide additional protections
- Users remain responsible for compliance
- Direct2App reserves right to restrict access
26. DISPUTE RESOLUTION
26.1 Informal Resolution. Parties agree to attempt informal resolution through:
- Direct negotiation between parties
- Written notice of disputes
- Good faith efforts to resolve differences
- Sixty (60) day resolution period
26.2 Binding Arbitration. Unresolved disputes shall be settled through:
- Binding arbitration under AAA Commercial Rules
- Single arbitrator selection
- Limited discovery procedures
26.3 Class Action Waiver. All parties waive rights to:
- Participate in class action lawsuits
- Seek consolidated proceedings
- Representative actions on behalf of others
- Jury trials for covered disputes
27. TERMS MODIFICATION PROCEDURES
27.1 Modification Rights. Direct2App may modify these Terms:
- At any time with appropriate notice
- For legal compliance requirements
- To reflect service changes
- For business necessity
27.2 Notice Requirements. Material changes require:
- Thirty (30) days advance notice
- Email notification to account holders
- Prominent website posting
- Opportunity to object or terminate
28. ASSIGNMENT AND TRANSFER RESTRICTIONS
28.1 User Assignment Prohibition. Users may not:
- Assign or transfer account rights
- Delegate account responsibilities
- Transfer without Direct2App consent
- Create sublicenses for platform access
28.2 Direct2App Assignment Rights. Direct2App may assign:
- All rights and obligations under these Terms
- To affiliates or subsidiaries
- In connection with business sales
- With reasonable notice to users
29. SEVERABILITY AND ENFORCEABILITY
29.1 Severability. If any provision is found unenforceable:
- Remaining provisions continue in effect
- Courts should enforce to maximum extent
- Parties will negotiate replacement terms
- Overall agreement remains valid
29.2 Waiver. Failure to enforce any provision:
- Does not constitute waiver of rights
- Preserves future enforcement options
- Must be explicit to be effective
- Does not modify agreement terms
30. NOTICE DELIVERY AND COMMUNICATION
30.1 Notice Methods. Legal notices shall be delivered via:
- Email to registered account addresses
- Certified mail to business addresses
- Prominent website postings
- In-platform notification systems
30.2 Effective Delivery. Notices are effective:
- Immediately upon email delivery
- Three (3) days after mailing
- Upon website posting
- When acknowledgment is received
X. SURVIVAL & MISCELLANEOUS
31. PROVISION SURVIVAL AFTER TERMINATION
31.1 Surviving Provisions. The following survive termination:
- Intellectual property rights
- Liability limitations and disclaimers
- Indemnification obligations
- Payment and billing requirements
- Dispute resolution procedures
31.2 Data Handling Post-Termination. Upon termination:
- User data may be retained per legal requirements
- Account access is immediately revoked
- Outstanding obligations remain enforceable
- Confidentiality obligations continue
32. INTEGRATION AND ENTIRE AGREEMENT
32.1 Complete Agreement. These Terms constitute:
- The entire agreement between parties
- Superseding all prior agreements
- Integration of all negotiations
- Complete statement of obligations
32.2 Amendment Requirements. Modifications require:
- Written agreement between parties
- Proper corporate authorization
- Compliance with notice procedures
- Documentation of changes
33. ELECTRONIC SIGNATURE VALIDITY
33.1 Electronic Acceptance. Electronic acceptance constitutes:
- Valid and binding agreement
- Legal signature under applicable law
- Enforceable contract formation
- Waiver of handwritten signature requirements
33.2 Record Retention. Direct2App maintains:
- Electronic records of acceptance
- Timestamp documentation
- IP address verification
- Audit trail preservation
34.1 Direct2App Contact Information:
Email: [email protected]
34.2 Legal Notice Requirements. All legal notices must:
- Be sent to the above address
- Include specific reference to these Terms
- Provide detailed description of issues
- Include appropriate supporting documentation
35. COMPLIANCE CERTIFICATION AND AUDIT RIGHTS
35.1 Vendor Compliance Certification. Vendors certify:
- Accuracy of all submitted information
- Compliance with applicable laws
- Authority to enter binding agreements
- Ongoing obligation to update information
35.2 Audit Rights. Direct2App reserves the right to:
- Audit vendor compliance with Terms
- Request documentation and verification
- Investigate reported violations
- Engage third-party auditors when necessary
DIRECTORY-SPECIFIC LEGAL DISCLAIMERS
SOFTWARE RECOMMENDATION DISCLAIMER: Direct2App is an information platform and does not endorse, recommend, or guarantee any software listed on the Platform. Users are solely responsible for evaluating software suitability, conducting due diligence, and making informed purchase decisions.
VENDOR RELATIONSHIP DISCLAIMER: Direct2App's relationship with software vendors is limited to platform services. Direct2App is not responsible for vendor business practices, software performance, customer service quality, or commercial disputes between vendors and their customers.
INFORMATION ACCURACY DISCLAIMER: While Direct2App strives for accuracy, software information is primarily provided by vendors and users. Direct2App does not independently verify all claims and disclaims responsibility for inaccurate, incomplete, or outdated information.
BUSINESS DECISION DISCLAIMER: Software selection involves significant business considerations that vary by organization. Users should consult with qualified professionals and conduct thorough evaluations before making software purchasing decisions based on Platform information.
BY ACCESSING OR USING THE DIRECT2APP PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE PLATFORM.
These Terms of Service were last updated on 05/24/2025 and are effective immediately upon posting.
