Get Paid To Download Apps
AppCasher is a new service that pays you to download apps in the Apple App Store. Currently the service works on iPhone, iPad, and iPod Touch. While I typically test a service thoroughly before I write a review, I felt it necessary to rush this review. In my preliminary research regarding this app, I developed serious concerns about it. In fact, I am so concerned that I am unwilling to sign up to this service myself to test it. Normally I try to base recommendations on whether or not you are likely to get paid. AppCasher makes clear in their Terms Of Service that they have no obligation to pay you.
AppCasher Is Not Recommended
Below is the information I currently have regarding AppCasher. I will outline my concerns first then post some of the emails of our conversation below. I am working on screenshots, they will be posted soon.
I was first contacted by Jeremy Kandah, the owner of AppCasher according to Whois databases, on August 8th. He provided me basic info about the site and requested that I join his referral program in exchange for a free ad on this site. I told him that I was not interested in his offer but I would test and review his site, at no charge to him, as I do for every program. I heard from him several more times as I started doing some preliminary research.
A basic Google search for AppCasher turned up what appeared to be many sockpuppets that Jeremy created to promote his new website. These sock puppets were posting earnings claims that seemed completely unrealistic. There were multiple users posting the same referral codes including some that were posted as Jeremy K.
While I am not a lawyer or a legal professional of any kind, I do have significant experience in business. I have written and signed many contracts for companies I have owned or managed. I personally tend to have an attorney review most contracts that I write or sign in order to avoid issues in the future. AppCasher’s ToS appear to have been written by an amateur. They are written in such as way as to cause any user of the services offered by AppCasher, both advertisers and members alike, to waive all legal rights. This includes the right to actually get paid for services rendered as well as any recourse for non-payment.
Update – Just before I published this article the AppCasher T0S was updated to be more readable.
The AppCasher ToS is virtually unreadable in its present form, having no breaks for paragraphs whatsoever. I have spent a significant amount of time going through it, however, below are several of the most concerning excerpts from them in addition to my personal interpretation of each. I have copied and pasted these excerpts directly from www.AppCasher.com/tos.html.I want to make it absolutely clear that my comments below are not in any way intended to be legal advice, as I am not an attorney. They are merely my own opinion. AppCasher’s own wording from their ToS is in red.
2.1 Member realizes and understands that points will ‘not’ be accumulated if the mobile app purchased or installed from the AppCasher offer wall has been previously installed before under the same member account.
This clause is unclear. It doesn’t specify whether “the same member account” refers to the member’s iTunes account or whether it instead refers to an app coming back up on AppCasher after a period of time. While either is a reasonable thing, it should be made much more clear, I feel. This is a fairly minor point and one which, I hope, can be easily resolved.
4.0 PAYMENTS – AppCasher reserves the right to change display payment points at any time for members.
This appears to state that they can change the amount of points you have earned at any time. While certain reasons for such edits may be acceptable due to errors, etc, this should be made clear if that is the case and an explanation offered for any edits made at the time of the edit. As it is, under AppCasher’s ToS, a member could earn enough to generate a payout and log in only to discover their points have disappeared. I would hope this would never happen but, if it did, it would be in complete compliance with the ToS.
5.1 Either Member, Advertiser or AppCasher may terminate the Service with or without cause at any time and effective immediately and without prior notice. AppCasher may terminate by a written or email notice to the Advertiser.
Notices of termination initiated by Advertiser must be done through the AppCasher online account management area by ‘disabling’ their URLs. AppCasher shall not be liable to Advertiser,Member or any third party for termination of Service. Should Member object to any terms and conditions of the ASA or any subsequent modifications hereto or become dissatisfied with the Service in any way, Member’s sole recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service subscription; and (3) notify AppCasher of termination. Upon termination of the Subscription, Member’s right to use the Subscription services immediately ceases. Member shall have no right and AppCasher shall have no obligation thereafter to forward any information associated with Member’s account. Any amounts paid for the month in which you cancel and any monthly fee(s) for any month expired before your termination is non-refundable.
This raises serious “we can shutter everything and walk with the funds at any time” concerns. While any business has the right to close shop and go out of business, the law already provides options for protection from creditors in such a case. This clause in the terms appears to be a blatant attempt to do away with any potential cause of action from creditors which is pointless should they be operating properly in the first place.
Either party may terminate the AppCasher subscription on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the ASA, and such breach or noncompliance is not cured within such thirty (30) day period. AppCasher reserves the right to IMMEDIATELY suspend any Advertiser listing or website and Advertiser access to the AppCasher service until such breach or noncompliance is cured.
6.1 Termination for Illegal, fraud or Other Activity. Notwithstanding the foregoing, AppCasher may, but has no duty to, immediately terminate Member or Advertiser and remove it from AppCasher servers if AppCasher in its sole discretion concludes that Advertiser,Member is engaged in fraud, illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of AppCasher or others. Any termination under this Section shall take effect immediately and Member expressly agrees that it shall not have any opportunity to cure.
6.2 Waiver. Advertiser,Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.
6.3 Deletion of Information. Upon termination, AppCasher reserves the right to delete from its servers any and all information contained in Advertiser,Member account, including but not limited to order processing information, mailing lists, and any data generated by the Software.
6.4 The provisions of Section 13.0 (Proprietary Rights), Section 12.0 (Indemnity), and Section 7.0 (Disclaimer of Warranties and Liabilities) of this Agreement shall survive any termination of the Agreement.
This section is unclear. It states it applies to Advertisers only yet elsewhere in the terms, they state, “”. The section explicitly mentions members several times. Clause 6.2 may not even be legal and, thus, may not stand up if challenged in court. Regardless, it is incredibly damning that it’s deemed necessary. As there are no remedies offered elsewhere, this appears to mean they intend nobody other than themselves to have any protection from wrongdoing or simple mistakes. I can think of no legitimate reason why any reputable business owner or manager would wish a term such as this to be in place. If a member or advertiser is committing fraud that’s one thing but by leaving enough wiggle room, it sounds as though anything could be deemed to apply to this even, for example, earning more money via referrals than they wish to pay out. As they have not explicitly told members not to engage in activities which most other companies in this industry condemn, it’s up to each user of the service to try and figure out what will be allowed and what, if anything, will get them banned. This lack of clarity is of grave concern to me and, I feel, should be to anyone trusting their personal information to a company.
8.0 MODIFICATIONS TO TERMS OF SERVICE AppCasher reserves the right to modify the ASA at anytime by AppCasher posting a new agreement on our website (www.AppCasher.com/tos.html). If any modification to this agreement is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation in the program following our posting of a new agreement on our site will constitute a binding acceptance of the change.
This appears to state that you have to read the entire ToS every time you use the service or else accept that any changes buried within it are in full force. AppCasher leaves themselves no obligation to notify you of any changes, a ridiculous proposition that is absolutely unacceptable. It’s standard practice that any business notify its users of changes to their terms and, in many jurisdictions, it’s required by law that they do so in a clear manner.
9.0 MODIFICATIONS TO SERVICE AppCasher reserves the right to modify or discontinue the Service with or without prior notice to Advertiser,Member. AppCasher shall not be liable to Advertiser,Member or any third party should AppCasher exercise its right to modify or discontinue the Service.
Another “we can walk away with the money we owe you for services you have rendered and you can’t do anything about it” clause. Why do they need more than one? This should be of concern to developers paying AppCasher to promote their apps as well as users expecting payment for checking them out.
10.0 SUSPENSION OF SERVICE AppCasher reserves the right to suspend the Service with or without cause at any time and effective immediately. Suspension will be accompanied by written or email notice pursuant to Section 16.0 regarding notices.
I hate to even point this out but, as it’s evidence of an amateur writing this, I am doing so. This clause is in direct conflict with the previous one. They probably don’t have to provide notice when 9.0 is considered but by stating this they lead people to believe that reasonable notice will be offered. Actually, I’m really not sure which of the clauses would be considered valid by a court. One would think that since they state notice would be provided they’d be held to that but, honestly, they need to make up their minds one way or the other.
19.0 GENERAL-The ASA and the relationship between Advertiser,Member and AppCasher shall be governed by the laws of the state of California without regard to its conflict of law provisions. Advertiser,Member and AppCasher agree to submit to the personal and exclusive jurisdiction of the Superior Court of the State of California for the County of San Francisco or the United States District Court for the Northern District of California. AppCasher’s failure to exercise or enforce any right or provision of the ASA shall not constitute a waiver of such right or provision. If any provision of the ASA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the ASA remain in full force and effect. Advertiser,Member agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ASA must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the ASA are for convenience only and have no legal or contractual effect. If you have any questions regarding the AppCasher Terms of Service, please contact us at any time. Or write to us at: Terms of Service â„… AppCasher 546 Bella Vista Way, San Francisco, CA 94127 (USA) (Emphasis mine)
The bold above is added by me but the words have not been modified in any other way. According to this, unlike the way things normally work, any claim against AppCasher would need to be filed within one year. It is my understanding that, under California law, there is a 4 year statute of limitations for this type of agreement. This official California court site describes the various types of claims and the statutes of limitations which apply to them. Again, while I am not a lawyer, I would think this qualifies as a written contract so there should be 4 years in which to make a claim. It’s not uncommon to take a year or two to negotiate before filing because of the backlog in California courts. While I don’t know that one can even waive such a right, it’s a pretty unsavory thing for any business to even request of not only their customers (Advertisers, in this case) but those to whom they have offered a payment for services.
I contacted Jeremy requesting comment on these issues. My email is in blue and his reply is in red:
I don’t usually do this but while I was doing some preliminary research about your site I found several things that really concerned me. As a result, I have decided to make your review a priority. I have a few questions that I hope you can answer.
When I did a Google search for your site I found several posts on various boards that appear to be sockpuppets promoting your site. For example multiple posts with the same referrer ID signed with different names. Some of the names are signed as Jeremy K. It appears to be you posting these. I even found a post that appears to authored by you on Yahoo Answers which seemingly significantly overstates the earning potential for users.
Most companies have strict policies against this type of behavior yet it seems to be your marketing strategy. Please comment on this.
I also have some questions regarding your Terms Of Service. Is it your intent that they be almost unreadable? Without getting into whether this would hold up in court, I would like your justification for requiring users of your service to waive protections otherwise afforded under the law.
I plan to publish by Friday. If you would like your comments in the article when it’s published you should respond within 24 hours.
Thanks for your note back. I’m happy to address the points you’ve listed below and as your review is important to us, I’d like to work with you to get a positive review.
1) We have referral rewards for users so some users choose to post on sites. I have a group of beta users that are helping me distribute the app initially and they all share the same referral code. I’m not fully aware of where they are posting this content. I also did post a question onto yahoo answers asking if others have heard of the site (I’m not looking to withhold information from you). Our marketing strategy is through referrals, social and word of mouth. We’re really starting to see some traction on this. We have a referral program right now for the first user to refer 100 people. Right now it is a pretty close race and we’re excited to see that people are interested in this.
2) Our terms of service are there to protect appCasher. In no way do we attempt to create terms that unnecessarily take away terms from our users. I do agree with your comment on formatting the document so that it appears more clear. I’ll put that on our product road map now as it is important for us to look out for our users. Are there any specific parts that you think aren’t appropriate?
Also, I’m sorry if we started off on the wrong foot. You’re providing a great service to your users and I’m sure they greatly appreciate your honest reviews.
If you have any questions, I’d be glad to setup a call.
I would like to stress that all of my reviews are honest reviews that are a direct reflection of the service I am reviewing. There are no “positive reviews” or “negative reviews.” I do NOT “work with” anyone to get them a positive review.
It seems clear to me from Jeremy’s own words that he sees his users and customers as potential legal threats which require EXTREME measures to protect his interests. While liability planning is part of any good business plan, if one is operating properly and has nothing but good intentions, terms such as AppCasher has drafted would never be deemed necessary. In all my years in business, I have never before seen their like.
In addition, it’s clear that Jeremy has no concept of appropriate business operations as he has himself posted regarding AppCasher while withholding the information that he is the site’s owner. It appears that he has done so extensively, though he claims most of the posts making unsupported claims are from his “beta users”. If this is the case, why are they all signed with one of 2 names and why are most of the “proof of payment screenshots” offered in these posts all identical? This just doesn’t pass the sniff test for bullshit, to be brutally honest.
How It Works
What You Can Earn
According posts made by Jeremy, the owner of the site, while posing as a user, he made $50.00 in a couple of days. In reality the amount they pay per app you download is 250 points or $.25. At the time of this writing there were 24 apps available at $.25 each toward the purchase of a gift card. It appears that the total earning potential at this time is $6.00 from downloading apps. I do not know how often apps are added but it is doubtful that anyone could legitimately reach $50 in a couple of days. Most legitimate services pay different amounts for app downloads, sometimes it is less than .25 but it frequently is more. Services like AppRedeem and Junowallet sometimes pay up to $1.00 or more per download.
Before you can get credit for downloads you must install their tracking program on your phone. After you have the tracking program installed you can download their available apps for 250 points each. You must use the app for at least 30 seconds to get credit. Also, you cannot have previously installed the app through the same iTunes account or you will not receive credit.
Is there A Referral Program?
At this time there is a referral program that pays 500 points for each person that you refer. In order to get credit for the referral they must download 2 apps. There is currently a contest, with a free 8GB iPod Touch, for the person who gets 100 referrals first. Since there is no policy against spamming your referral code, and the owner obviously seems to think spam is an appropriate method of promotion, I believe this will lead to even more spam from this service. I have consciously decided not to sign up for this service and therefore will not be posting a referral code here.
According to the app all rewards will be emailed to you upon request, within 48 hours. Currently the only payment options are a 2 dollar gift card to an unnamed major retailer or iTunes gift cards in $15, $25, or $50 denominations. I initially saw different Amazon gift cards available but those do not appear to be an option at this time.
Helpful AppCasher Tips
- I strongly suggest avoiding this service as they don’t seem to think they are obligated to pay you.
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