Terms of Service for 15% Service Fee Tier

Effective as of June 7, 2021

Subject to these Terms of Service for 15% Service Fee Tier (the “Terms”), Google will apply the Service Fee at 15% for the first US$1M of the Earnings of those Developers who complete the relevant enrollment process on Play Console and accept these Terms.

1. Definitions

Any capitalized terms herein will have the same meanings as defined in the Developer Distribution Agreement (“DDA”), currently available at https://play.google.com/about/developer-distribution-agreement.html (the "DDA"), and the Account Group Help Center Article, if they are not defined below.

2. Your Eligibility

In order to accept the Terms and enroll in the 15% service fee tier, You must own a valid Developer Account(s), which requires You to have accepted the DDA and to stay compliant with the DDA and all other related policies, and You must have created an Account Group on the Play Console.

3. Applicable Service Fees

3.1.“Earnings” means the amount You receive for selling or making available Your Products as provided in Section 3.4 of the DDA, net of the Service Fee, certain Taxes, and adjustments (e.g., refunds).

3.2. Subject to all the other terms in this Section 3, for transactions giving rise to the initial US$1 million of Earnings (US$500,000 for the year of 2021), the Service Fee will be 15% for each of your Associated Developer Accounts (ADAs) in Your Account Group each year.

3.3. Once the total Earnings of Your Account Group surpass US$1 million, the applicable Service Fee will be 30% for each of your ADAs in Your Account Group for the remainder of the year.

3.4. The US$1 million threshold is calculated by aggregating the Earnings of each of Your ADAs in Your Account Group each year.

3.5. The balance amount of the Earnings will be reset each year on January 1.

3.6. Any ADA or Product that is transferred to a different Account Group within the calendar year will have its Earnings, which have accrued from the respective effective date (e.g., January 1 of the calendar year, July 1 2021, or the enrollment date) up to the transfer date, considered as part of the Earnings of the Account Group it is leaving and also as part of the Earnings of the new Account Group it is joining for purposes of the 15% service fee tier. Any Earnings of the transferring ADA or Product that arise after the transfer date, will be considered as part of the new Account Group’s Earnings.

4. Restricted Activities

You will not create multiple Developer Accounts, Subsidiaries, or transfer Products to different Developer Accounts to circumvent these Terms or manipulate the application of Section 3 above.

5. Representations and Warranties

You represent and warrant that all the information You provide to Google in connection with these Terms and in the course of the enrollment process on Play Console, is and will remain to be current, true, accurate, supportable and complete as long as you remain subject to these Terms.

6. Term, Termination, and Disqualification

6.1. These Terms will continue to apply until terminated.

6.2. Google may terminate these Terms and/or Your enrollment to the 15% service fee tier upon written notice or with thirty (30) days prior written notice if required under applicable law if (a) You have breached any provision of these Terms; (b) Google is required to do so by law; (c) You cease being an authorized Developer, a Developer in good standing, or are barred from using Android software; or (d) Google decides to no longer provide this 15% service fee tier.

6.3. Google may disqualify Your Account Group or any of the Developers in Your Account Group from the 15% service fee tier upon 30 days prior written notice, if You, Your Primary Developer Account Holder or any of Your ADAs are in breach of these Terms.

6.4. Google will be entitled to withhold and/or recover any amounts obtained by You in breach of these Terms.

6.5. Upon the termination of the DDA entered into by a Developer, whose Developer Account(s) belongs to Your Account Group, such Developer and their Developer Account(s) will automatically be removed from Your Account Group and disqualified from this 15% service fee tier.

6.6. You may terminate these Terms and cancel your enrollment in the 15% service fee tier, upon written notice to Google.

7. Changes to the Terms

7.1. Google may make changes to these Terms at any time with notice to You and the opportunity for you to decline. You should look at the Terms and check for notice of any changes regularly. Changes will not be retroactive. They will become effective, and will be deemed accepted, (a) immediately if You become a Developer after the notification is posted; or (b) if You are a pre-existing Developer, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately).

7.2. If You do not agree with the changes to the Terms, You may cancel Your enrollment in this 15% service fee tier, which will be your sole and exclusive remedy. You agree that Your continued enrollment constitutes Your consent to the modified Terms.

8. General Legal Terms

8.1. The governing law and jurisdiction set forth in the DDA applies to all claims arising or relating to the Terms and Your relationship with Google under the Terms.

8.2. These Terms and the DDA constitute the entire legal agreement between You and Google and govern Your enrollment and participation in the 15% service fee tier. If there is a conflict between these Terms and the DDA, these Terms will prevail.