The agreement governing your access to and use of the WHASOLS Marketplace and the Products listed on it.
1.1 “Agreement” means this WHASOLS Marketplace Terms of Service, together with the WHASOLS End-User License Agreement (“EULA”) and Privacy Policy, which are incorporated herein by reference.
1.2 “Applicable Law” means applicable international, federal, provincial or local laws, statutes, ordinances, regulations or court orders, including those of the Islamic Republic of Pakistan.
1.3 “Effective Date” means the date you first purchase, license or otherwise procure a Product via the WHASOLS Marketplace, or the date you register a developer account, whichever is earlier.
1.4 “End User Data” means your data, that of your customers, or data transmitted by a Product. It excludes data collected by WHASOLS to provision, list, or distribute Products via the Marketplace.
1.5 “EULA” means the WHASOLS End-User License Agreement, as amended from time to time. Any capitalized terms not defined herein have the meaning attributed to them by the EULA.
1.6 “Intellectual Property Rights” means trade secret rights, rights in know-how, moral rights, copyrights, patents, trademarks (and the goodwill represented thereby), and similar rights of any type under the laws of any governmental authority, domestic or foreign, including all applications for and registrations of any of the foregoing.
1.7 “Product” means the apps, modules, extensions, themes and integrations supplied by third-party Vendors and made discoverable via the WHASOLS Marketplace, together with corresponding documentation, screenshots, and listing content.
1.8 “Subscriber Agreements” means the Vendor’s own terms, license and privacy policies governing a specific Product, which are linked from that Product’s listing and incorporated herein by reference.
1.9 “Term” is defined in Section 5.1.
1.10 “Territory” means the world, except to the extent that use or distribution of a Product in certain countries or regions would cause either party to violate Section 11.11 (Export Controls).
1.11 “Trademarks” means all domestic and international trademarks, service marks, logos, trade names and trade dress, including all goodwill represented by each of the foregoing, whether registered or unregistered, of WHASOLS and Vendors, including without limitation WHASOLS and the WHASOLS logo.
1.12 “Updates” means any bug fixes, patches and other modifications of a Product provided to you by WHASOLS or a Vendor.
1.13 “Vendor” means the developer, owner or licensor of a Product made available via the WHASOLS Marketplace — also referred to elsewhere on the Marketplace as a “developer” or “group.”
1.14 “You” or “Your” means the individual or entity browsing, registering, installing and/or using a Product and thereby entering into this Agreement with WHASOLS, whether or not such terms are capitalized in this Agreement.
1.15 “WHASOLS” means WHASOLS SMC-LTD, a company registered with the Securities and Exchange Commission of Pakistan, and its parents and subsidiaries.
1.16 “WHASOLS Marketplace” means the online portal operated by WHASOLS where Products are listed, reviewed, and discovered.
2.1 License Grant. During the Term, solely within the Territory and subject to this Agreement, WHASOLS grants you a limited, non-exclusive, revocable, non-transferable, non-assignable license to browse the WHASOLS Marketplace and, where applicable, to obtain a Product subject to that Product’s Subscriber Agreement. Where you obtain a Product on behalf of a customer (“Sublicensee”), “you” also refers to your Sublicensee, subject to Section 2.3.
2.2 License Transfers. A Product is licensed only to you (or your Sublicensee, but not both, unless you purchase multiple licenses). You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of a Product without the prior written consent of its Vendor, where required by that Product’s Subscriber Agreement.
2.3 Flow Down of License Terms to Sublicensee. You are responsible to WHASOLS and the Vendor for any unauthorized installation, use, copying, access or distribution of a Product. You agree to include in your Sublicensee agreements terms no less restrictive than those required by this Agreement and the applicable Subscriber Agreement.
2.4 Your use of a Product may be governed by that Product’s Subscriber Agreement, which may not be reproduced in this Agreement. Read those terms carefully before accepting them.
3.1 Ownership. WHASOLS owns all right, title and interest in and to the WHASOLS Marketplace platform itself (“WHASOLS IP Rights”). All Intellectual Property Rights in a Product are owned by its Vendor (“Vendor IP Rights”). Your use of a Product is subject to this Agreement and that Product’s Subscriber Agreement, which may have different or additional terms.
3.2 No Implied License. Nothing in this Agreement grants you any right, title or interest, implied or otherwise, in or to the WHASOLS IP Rights or Vendor IP Rights beyond the limited license in Section 2.
3.3 Proprietary Notices. Third-party trademarks, trade names, product names and logos included in Products are the property of their respective owners. You may not remove or alter any trademark, copyright or other proprietary notice in a Product.
3.4 Submissions. With respect to any feedback, suggestions or ideas you submit to WHASOLS concerning the Marketplace (“Submissions”), you agree that: (a) WHASOLS may use or redistribute Submissions for any purpose without compensation to you; (b) WHASOLS is not obligated to review or keep Submissions confidential; and (c) illegal, abusive or otherwise disturbing Submissions constitute a material breach of this Agreement.
4.1 The WHASOLS Marketplace itself does not process payments for Products. Each listing’s Download/Purchase URL directs you to the Vendor’s own site or checkout process — any purchase you make there is a transaction between you and that Vendor, governed by the Vendor’s own Subscriber Agreement, payment terms and refund policy.
4.2 Marketplace plans. Where you register as a developer to publish Products, your developer plan (free or paid) is billed through your WHASOLS account, not through the Marketplace directly. Refunds for a Marketplace plan are governed by your WHASOLS account’s own billing terms.
4.3 In-App Purchases. A Product may provide for purchases made directly within it. WHASOLS is not responsible for such purchases, and it is your responsibility to ensure they meet your (or your End User’s) authorization requirements.
5.1 Term. This Agreement is effective on the Effective Date and automatically expires at the earlier of: (a) your discontinuance of use of the Marketplace and all Products obtained through it; (b) your breach of this Agreement, the EULA, or any Subscriber Agreement; or (c) WHASOLS ceasing to offer a Product.
5.2 Effect of Termination. Upon termination, you must discontinue use of any affected Product and, where applicable, WHASOLS or the Vendor may suspend or disable your access to it without notice. If a Product has a term extending past termination of this Agreement, you continue to have use of it for the remainder of that term, subject to its license.
5.3 Upon suspension or termination, your ability to use the affected Product ceases, and you may lose access to data stored within it. Your rights with respect to that data are governed by the applicable Subscriber Agreement. You understand that termination of a Product license may result in the loss of your data, and WHASOLS is not responsible for any such loss.
5.4 You agree to contact the Vendor directly with any questions about a Product or its terms of use. The Vendor is solely responsible for support of its Product.
5.5 Survival. Sections 1 (Definitions), 3 (Intellectual Property), 4 (Payments), 5 (Term & Termination), 6 (Warranties; Disclaimer), 7 (Limitation of Liability), 8 (Indemnification), 9 (Content and Moderation), 10 (Privacy) and 11 (Miscellaneous) survive termination or expiration of this Agreement.
6.1 Mutual Warranties. Each party warrants that it has full right, power and authority to enter into this Agreement, that doing so does not violate any agreement to which it is a party, and that it will comply with all Applicable Law relating to its obligations under this Agreement.
6.2 Limited Warranty. WHASOLS warrants that it has the right to list and make discoverable the Products displayed on the Marketplace. WHASOLS makes no other warranty with respect to any Product; issues related to a Product must be resolved directly between you and the Vendor.
6.3 Disclaimer. EXCEPT AS SET FORTH IN SECTION 6.2, PRODUCTS ARE PROVIDED “AS IS” AND WHASOLS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ANY PRODUCT, ITS THIRD-PARTY COMPONENTS, AND ANY DATA ACCESSED THROUGH IT, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WHASOLS DOES NOT WARRANT THAT ANY PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IF A PRODUCT IS DEFECTIVE, YOU ASSUME SOLE RESPONSIBILITY FOR THE COST OF ANY RESULTING REPAIR OR DAMAGE.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHASOLS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCT, HOWEVER CAUSED, EVEN IF WHASOLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHASOLS’S AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO WHASOLS (NOT TO A VENDOR) FOR YOUR MARKETPLACE PLAN IN THE 12 MONTHS PRECEDING THE CLAIM.
8.1 You shall indemnify, defend and hold harmless WHASOLS, its officers, employees, agents and affiliates (the “WHASOLS Parties”) from any liability, damage, loss or expense (including reasonable legal fees) arising out of: (a) your breach of this Agreement; (b) a Vendor’s breach of its Subscriber Agreement in connection with a Product you published; or (c) any claim that a third party was harmed due to a termination or suspension of access to a Product by WHASOLS or a Vendor.
8.2 WHASOLS shall indemnify, defend and hold harmless you and your affiliates from any liability, damage, loss or expense arising directly out of a breach of WHASOLS’s warranty in Section 6.2.
9.1 Moderation Rights. WHASOLS reviews new listings, versions, reviews and comments before they are made public, but does not independently verify a Vendor’s ownership of, or right to distribute, every Product. WHASOLS reserves the right, in its sole discretion and without prior notice, to reject, remove, hide, edit or require changes to any listing, version, review, comment or other content submitted to the Marketplace that it believes violates this Agreement, infringes a third party’s Intellectual Property Rights, or is otherwise unlawful or inappropriate.
9.2 Infringement Notices. If you believe a listing or other content on the Marketplace infringes your Intellectual Property Rights or otherwise violates Applicable Law, notify us via our support contact page with: (a) a description of the material and the right you believe is infringed; (b) its location on the Marketplace; and (c) your contact details. We will review reports in good faith and may remove or disable access to reported content pending investigation, and may share your report with the affected Vendor.
9.3 Suspension and Termination for Cause. In addition to Section 5, WHASOLS may, in its sole discretion and without liability to you, suspend or terminate your account, a listing, or your access to the Marketplace at any time, with or without notice, if WHASOLS reasonably believes you have violated this Agreement, engaged in fraudulent, abusive or unlawful conduct, or posed a risk to other users, Vendors, or the Marketplace itself.
Your use of the WHASOLS Marketplace is also governed by our Privacy Policy, which describes how WHASOLS collects, uses, stores and discloses information in connection with the Marketplace.
11.1 Force Majeure. No party will be liable for any delay in performance caused by events beyond its reasonable control (natural disaster, internet outage, war, civil unrest, or government action), provided the affected party remedies the delay as soon as reasonably possible.
11.2 Independent Contractors. WHASOLS, Vendors, and you are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties.
11.3 Governing Law; Jurisdiction. This Agreement is governed by and interpreted in accordance with the laws of the Islamic Republic of Pakistan, without regard to conflict-of-laws principles. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Pakistan.
11.4 Entire Agreement. This Agreement, together with the EULA and Privacy Policy, represents the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and communications, oral or written. Where this Agreement conflicts with a Subscriber Agreement for a specific Product, the Subscriber Agreement governs matters specific to that Product, and this Agreement governs your use of the Marketplace generally.
11.5 Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be severed and the remainder of the Agreement will remain in full force and effect.
11.6 Amendment. This Agreement may be updated by WHASOLS from time to time. Continued use of the Marketplace after an update constitutes acceptance of the revised Agreement. This Agreement may not be amended by you except in writing signed by WHASOLS.
11.7 Assignment. You may not assign this Agreement without WHASOLS’s prior written consent. WHASOLS may assign this Agreement, in whole or in part, at its discretion, including to an affiliate.
11.8 Waiver. No failure or delay by either party in exercising any right under this Agreement will operate as a waiver of that right.
11.9 No Third-Party Beneficiaries. No term of this Agreement is enforceable by any person who is not a party to it, except as expressly stated.
11.10 Notices. Notices to WHASOLS regarding this Agreement should be directed to WHASOLS SMC-LTD via our support contact page. WHASOLS may give notice to you via the Marketplace itself or the email address associated with your account.
11.11 Export Controls. You agree to comply with all Applicable Law relating to the export, re-export or import of a Product, including any end-user, end-use or destination restrictions issued by applicable governments.
11.12 Time-Limited Claims. Regardless of any Applicable Law to the contrary, any claim arising out of or related to a Product or this Agreement must be filed within one (1) year after the claim arose, or be forever barred.
Where WHASOLS processes End User Data on behalf of a developer account in connection with operating the Marketplace, the terms governing that processing — including our use of subprocessors, security incident notification, data deletion on termination, and audit rights — are set out in the Data Processing for Developer Accounts section of our Privacy Policy, which is incorporated into this Agreement by reference.
Last Updated: 26th August 2026
