YOUR FREE (NON-PAID) ACCESS TO AND USE OF THE WEBSITES (THE “SITES
”) AND MOBILE APPS FOR ANY FREE SERVICES OFFERED BY DATA.AI INC. (TOGETHER WITH DATA.AI EUROPE LIMITED AND ITS OTHER AFFILIATES, “DATA.AI
” OR “US
”) (FORMERLY KNOWN AS APP ANNIE), INCLUDING (BUT NOT LIMITED TO) THE “DATA.AI CONNECTPLUS” AND “DATA.AI FREE INTELLIGENCE” PRODUCT FAMILIES, ANY SERVICES PROVIDED AS PART OF ANY PROMOTION OR TRIAL, AND OUR APPLICATION PROGRAMMING INTERFACES ASSOCIATED WITH SUCH FREE SERVICES (COLLECTIVELY, THE “SERVICES
”) IS SUBJECT TO YOU AGREEING TO THESE GENERAL TERMS OF SERVICE (THESE “GENERAL TERMS”). IF YOU DO NOT AGREE TO THESE GENERAL TERMS
, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
By clicking “I accept” or “I agree” (or words to similar effect), registering for a data.ai account, or otherwise using any of our Services, you: (i) agree that you have read and understood, and, as a condition to your access to and use of any of our Services, you agree to be legally bound by, these General Terms and (ii) agree that data.ai may make changes to these General Terms on a going forward basis at any time in its sole discretion, as described further in Section 15(d) (Modifications to the Agreement) below.
This Agreement (defined below) is written in English (US). To the extent any translated version conflicts with the English version, the English version controls.
1. Additional Terms Applicable to the Services
Some features of the Services may have additional terms, policies or agreements that apply (“Content Specific Terms”). You agree to comply fully with these General Terms and any Content Specific Terms. All Content Specific Terms are incorporated by this reference in their entirety into these General Terms and these General Terms with all Content Specific Terms incorporated shall be referred to herein as the “Agreement”. In the event of a conflict or inconsistency between these General Terms and any Content Specific Terms, the Content Specific Terms control.
Content Specific Terms:
data.ai ConnectPlus Terms of Service (“ConnectPlus Terms”)
2. Our Policies
3. Registration and Authority
As a condition to your access to and use of certain features of the Services, you will be required to register for a data.ai account. By registering, you hereby certify to us that: (i) you are at least 18 years of age; and (ii) if you are agreeing to this Agreement on behalf of an organization (in which case, “you” as used herein shall refer to you and your organization collectively), that you are duly authorized to bind such organization. For the avoidance of doubt, an “organization” includes a corporation, partnership, LLC, or other entity. Upon registration, you will be provided with a login identifier (“data.ai User ID”) and will be required to create a password. You shall be responsible and liable for maintaining the confidentiality of your data.ai User ID and password. You are not allowed to share your data.ai User ID and/or password for any reason and are fully and solely responsible and liable for all activities that occur under your account. You agree to notify us immediately by emailing us at firstname.lastname@example.org upon learning of any unauthorized access to or use of your account or any other breach of security. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your account. In addition, we reserve the right to refuse, suspend, or terminate your registration (or cancel an data.ai User ID) for any reason and in our sole discretion.
Subject to your complete and ongoing compliance with this Agreement and our Policies, we grant to you, for the duration of your access and use, a worldwide, limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable right and license to: (i) access and use the Services and Content (defined below) in accordance with our Data Usage Policy ; and (ii) install and use one object code copy of any mobile app provided by us and associated with the Services on a mobile device that you own or control through which you may access and use the Services and Content.
In connection with your access to and use of the Services, you agree that you will not, directly or indirectly, permit or cause any other person or entity to:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court (including those relating to data privacy or security);
- attempt to gain unauthorized access to any part of the Services or to any data.ai computer systems or networks;
- infringe or misappropriate the rights of any person or entity, including their intellectual property, privacy, publicity or other proprietary or contractual rights;
- interfere with, damage, violate the security or integrity of, or place an unreasonable load on any part of the Services, our infrastructure or systems, or any network, computer, or communications system, software application, or network or computing device, including through the use of viruses, bots, Trojan horses, harmful code, ping floods, denial-of-service attacks, packet or IP spoofing, forged routing or email address information, circumvention or modification of any access keys or other security mechanism employed by us or our Services, or similar methods or technology;
- use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without our express prior written permission;
- claim that we are endorsing or supporting your business, product or service without our prior written approval;
- use the Services as part of any machine learning or similar algorithmic activity;
- use or interact with the Services in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, or in a manner that would damage, disparage, or negatively affect us or our licensors, licensees, or partners;
- copy, reproduce, rent, lease, sell, transfer, assign, sublicense, modify, publish, distribute, display, prepare derivative works of, reverse engineer, disassemble, or decompile any portion of the Services or Content, including any corresponding source code, without prior written consent from us or the respective owner of said material, except as expressly provided in our Data Usage Policy and with respect to information or content that you provide to us (and that may be accessible through the Services); or
- restrict or inhibit any user from using our Services as expressly permitted by us.
6. Your Licenses to Us
a. License to User Submissions
In the course of using the Services, you may provide information or content that may be used by us in connection with the Services and which may be visible to third parties (“User Submissions”, which, for the avoidance of doubt, excludes “Collected Data” and “Source Account Information”, as defined in the ConnectPlus Terms). You understand that by posting any such User Submissions on the Services or otherwise providing them to us in connection with your access to or use of the Services, you hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use, including to modify, reproduce, distribute, prepare derivative works of, reformat, translate, display, perform, and otherwise commercially exploit, such User Submissions (including all related intellectual property rights and other proprietary rights) for any purpose, in any format, through any channel, and without any further obligation to you.
We reserve the right to remove any User Submissions from the Services at any time, for any reason. As between you and us, you are solely responsible and liable for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You hereby represent and warrant that you possess, and will maintain, all rights, titles, and interest in and to the User Submissions, and that you have the full right and authority to grant the rights and licenses granted to us herein with respect to such User Submissions.
b. Data License
The Services may include information or content that is available or accessible to us from a variety of public websites, mobile apps, and other products or services. You authorize us to access your publicly accessible websites, mobile apps, and other products and services, and collect, store, and use information and content available therein in connection with our business, including to improve the Services and create other products and services.
c. Feedback License
If you choose to provide input, suggestions, ideas, reviews, recommendations, corrections, comments, or other feedback regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant to us an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable and freely transferable right and license to use the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. You further acknowledge that we use automated methods to collect data from various sources, including websites and other online sources, for analysis and use in our products and services, and you consents to our use of these methods with respect to sources owned by you.
d. Promotional License
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, freely sublicensable (through multiple tiers) and freely transferable right and license to use your organization’s name, organization’s logos and related images, and any written comments you provide to us or otherwise make publicly available concerning your organization’s use of the Services in our communications materials (e.g., on our Sites, third-party websites, press releases, and presentations) for promotional purposes.
7. Our and Third-Party Intellectual Property
Any content that we provide or make available in or through the Services, including any estimates and reports provided through the Services and any third-party User Submissions (“Content”), are our intellectual property and copyrighted work or that of third-party authors. We hereby reserve all our rights, title, and interest (including all intellectual property rights) in and to the Services, Content, and Confidential Information, except as expressly provided herein.
Content owned by third parties (including logos or trademarks) shall not be used by you for any purpose. In addition, certain trademarks contained within the Services, such as “iTunes Connect” are the sole and exclusive property of Apple Inc., and we do not claim any ownership thereof. The goodwill of any use of third-party trademarks shall inure solely to the benefit of that third party.
Unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Please see our Copyright Dispute Policy for more information regarding the reporting of such unauthorized use. You may not use any of our trademarks (including our brands and logos) or any links to our Sites in any way without our express permission.
8. Modifications to and Termination of Services
We may suspend, modify in any way, or cease providing the Services or Content, or suspend, limit, or terminate your access to any part (or all) of the Services or Content at any time in our sole discretion without notice or liability to you or any third party.
“Confidential Information” means the information that we designate as confidential at the time of disclosure or that should reasonably be understood to be our confidential information, including all of our business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no act or omission by you or breach by you of this Agreement; (ii) at the time of disclosure by us, was lawfully received by you from a third party without breach of any obligation owed to us or the source of such information; or (iii) was or is independently developed by you without use of or reference to the Confidential Information. Confidential Information disclosed prior to your acceptance of this Agreement will be subject to this Section 9.
You will: (a) protect all Confidential Information as confidential with at least the same degree of care that you use to protect your own similar confidential information, but not less than a reasonable standard of care; (b) not use or disclose any Confidential Information for any purpose except to exercise your rights and/or fulfill your obligations under this Agreement; and (c) not disclose any Confidential Information to any person or entity other than your employees and/or contractors whose access is strictly necessary for purposes consistent with this Agreement and who are bound by obligations of confidentiality no less stringent than those set forth herein.
You may disclose Confidential Information to comply with applicable law, provided that you give us prior notice of the compelled disclosure or legal proceeding (to the extent permitted by law) and reasonable assistance to and cooperation with us, at our cost, if we desire to contest the disclosure. You and we agree that money damages are an inadequate remedy for breach of the obligations in this Section 9, and that any such breach would result in irreparable harm to us. Therefore, in the event of any such actual or threatened breach, we will be entitled, in addition to any other rights or remedies available to us at law or equity, to seek specific performance or injunctive relief without the posting of a bond.
You agree to indemnify, defend, and hold harmless us, and our directors, officers, employees and contractors to the fullest extent of applicable law from and against any claim, action, demand, loss, liability, damage, cost or expense (including legal fees) arising from or relating to: (i) your breach of this Agreement; (ii) your unauthorized use of, or misuse of, the Services or Content; (iii) any content you have submitted to or through the Services (including User Submissions); (iv) any dispute you have or may have with any third party; or (v) your use of the Services (including any and all acts, omissions, or decisions undertaken or made by you, your affiliates, or third parties with whom you share the Services or Content (whether or not as permitted herein), in each case arising out of or in connection with such parties’ use of the Services or related Content) other than as expressly permitted in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
11. Disclaimers; No Warranties
The Services may provide links or access to third-party websites, content, products and/or services (“Third-Party Materials”), which may be governed by one or more third parties’ terms or conditions. We are not responsible or liable for such Third-Party Materials; you bear all risks associated with the access to and/or use of such Third- Party Materials. THE SERVICES, CONTENT, CONFIDENTIAL INFORMATION, AND ALL ADVICE OR INFORMATION PROVIDED BY US OR OBTAINED BY YOU FROM THE SERVICES OR IN CONJUNCTION WITH THESE GENERAL TERMS (INCLUDING ALL THIRD-PARTY MATERIALS AND ALL USER SUBMISSIONS) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING BY A COURSE OF DEALING, USAGE, OR TRADE PRACTICE OR COURSE OF PERFORMANCE, AND INCLUDING ANY WARRANTY REGARDING THE AVAILABILITY OF THE SERVICES, THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES AND CONTENT PROVIDED HEREUNDER RELY ON AND/OR ARE BASED ON INFORMATION, CONTENT, MATERIALS, AND SERVICES OBTAINED THROUGH A VARIETY OF METHODOLOGIES FROM THIRD PARTY SOURCES THAT ARE NOT AFFILIATED WITH OR CONTROLLED BY US, AND ACCORDINGLY, WE CANNOT AND DOES NOT MAKE ANY REPRESENTATIONS AS TO, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR ASSOCIATED WITH THE ADEQUACY, SUFFICIENCY, COMPLETENESS, CURRENCY, PROVENANCE, RIGHTS, OR OTHER ATTRIBUTES OF SUCH SERVICES AND CONTENT, OR OUR COLLECTION AND PROCESSING THEREOF.YOU AGREE THAT YOU ARE NOT RELYING ON OUR DELIVERY OF ANY FUTURE FUNCTIONALITY, OR ON ANY OF OUR ORAL OR WRITTEN PUBLIC COMMENTS OR ADVERTISING IN YOUR USE OF THE SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT WE DISCLAIM ANY LIABILITY FOR DAMAGES INCURRED BY YOU AS A RESULT OF SANCTIONS OR PENALTIES IMPOSED BY THIRD PARTIES (INCLUDING SUSPENSION OF YOUR ACCESS TO OR USE OF A SOURCE, AS DEFINED IN THE CONNECTPLUS TERMS ) BECAUSE OF YOUR ACCESS TO OR USE OF DATA.AI CONNECTPLUS. YOU FURTHER AGREE THAT WE HAVE NO LIABILITY WITH RESPECT TO ANY APPLICATIONS YOU PUBLISH OR DISTRIBUTE, USER SUBMISSIONS, AND FEEDBACK.
THE SERVICES AND CONTENT ARE NOT INTENDED AS, AND YOU SHALL NOT RELY UPON THE SERVICES OR CONTENT AS A SOURCE OF ADVICE, GUIDANCE, OR DIRECTION. ACCORDINGLY, ALL ACTS, OMISSIONS, AND DECISIONS YOU UNDERTAKE OR MAKE (OR REFRAINS FROM MAKING OR UNDERTAKING) THROUGH THE USE OF THE SERVICES, CONTENT, OR OTHERWISE, ARE YOUR SOLE RESPONSIBILITY, AND YOU MUST USE YOUR INDEPENDENT BUSINESS JUDGEMENT IN THE CONDUCT OF YOUR BUSINESS. FOR THE AVOIDANCE OF DOUBT, WE ARE NOT REGISTERED IN ANY INVESTMENT ADVISORY CAPACITY IN ANY JURISDICTION GLOBALLY, AND DO NOT OFFER ANY LEGAL, FINANCIAL, INVESTMENT OR BUSINESS ADVICE. NOTHING CONTAINED IN THIS AGREEMENT, OR IN ANY OF OUR PRODUCTS, SERVICES, OR OTHER OFFERINGS, OR IN ANY INFORMATION PROVIDED BY US TO YOU OR OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHOULD BE CONSTRUED AS AN OFFER, RECOMMENDATION, OR SOLICITATION TO BUY OR SELL ANY SECURITY OR INVESTMENT, OR TO MAKE ANY INVESTMENT DECISIONS. ANY REFERENCE TO PAST OR POTENTIAL PERFORMANCE IS NOT, AND SHOULD NOT BE CONSTRUED AS, A RECOMMENDATION OR AS A GUARANTEE OF ANY SPECIFIC OUTCOME. YOU SHOULD ALWAYS CONSULT YOUR OWN PROFESSIONAL, LEGAL, FINANCIAL, INVESTMENT, AND BUSINESS ADVISORS.
THE DISCLAIMERS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR ANY OTHER INTANGIBLE LOSS) INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES, ANY CONTENT, ANY USER SUBMISSIONS, OR ANY THIRD-PARTY MATERIALS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, OUR POLICIES, AND/OR THE ACCESS TO OR USE OF (OR ANY INABILITY TO ACCESS OR USE) ANY FEATURE OF THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR YOUR ACCESS TO OR USE OF THE SERVICES OR $250. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO ANY ACTS, OMISSIONS, OR DECISIONS MADE OR UNDERTAKEN (OR NOT MADE OR UNDERTAKEN) BY YOU OR ANY OF YOUR AFFILIATES OR THIRD PARTIES WITH WHOM YOU SHARE THE SERVICES OR CONTENT (WHETHER PERMITTED OR NOT), ARISING OUT OF OR IN CONNECTION WITH SUCH PARTIES’ USE OF THE SERVICES AND CONTENT
13. Termination of the Agreement
This Agreement is effective beginning the earliest of when you first click “I accept” or “I agree” (or words to similar effect), register for an data.ai account, or use (including install, access, or browse) any of our Services, and shall continue until terminated as expressly permitted in this Agreement. We may, in our sole discretion, terminate all or part of this Agreement for any reason or no reason, with or without notice, and with no liability arising from such termination to you or any third party. Upon termination of this Agreement: (i) your rights, and authorizations granted to you, to access and use the Services, Content, and Confidential Information will terminate and you must immediately cease all access to and use of your data.ai accounts and the Services, Content, and Confidential Information; (ii) you must pay us any unpaid amount that was due prior to termination; and (iii) all payment obligations accrued prior to termination, your certifications in Section 3 (Registration and Authority), and Sections 5 (Restrictions), 6 (Your Licenses to Us), 7 (Our and Third-Party Intellectual Property), 9 (Confidentiality), 10 (Indemnity), 11 (Disclaimers; No Warranties), 12 (Limitations of Liability), 13 (Termination of the Agreement), 14 (Governing Law and Arbitration), and 15 (Miscellaneous) of these General Terms will survive any expiration or termination of this Agreement.
14. Governing Law and Arbitration
This Agreement and all matters arising out of or relating to it shall be construed and enforced exclusively in accordance with California law without regard to choice of law provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and shall take place in San Francisco, California. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain in perpetuity the confidential nature of the arbitration proceeding (including the hearing) and award, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
a. Force Majeure
We shall not be liable for any delay in performance or failure to perform any of our obligations hereunder where such delay or failure results from any cause beyond our reasonable control, including a strike, blockade, war, act of terrorism, riot, natural disaster, pandemic, epidemic, viral outbreak or disease, or a failure or diminishment of power or telecommunications or data networks or services.
You may not assign, transfer, or sublicense this Agreement in whole or in part except with our prior written consent. We may assign, transfer, or delegate this Agreement and any of our rights and/or obligations under this Agreement without your consent.
This Agreement and applicable terms from our Policies are the entire statement of the terms that govern your access to and use of the Services. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any portion of this Agreement is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect, and enforceable. For purposes of this Agreement: (i) the words “include”, “includes”, and “including” will be deemed to be followed by the words “without limitation”; (ii) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any” and “either” are not exclusive; and (iii) the words “herein” and “hereunder” refer to this Agreement as a whole.
d. Modifications to the Agreement
We may make changes to this Agreement on a going-forward basis at any time in our sole discretion. You acknowledge and agree that your access to and use of the Services after we publicly post or otherwise make available to you a modified version of this Agreement will constitute your acceptance of the modified Agreement. Except as expressly provided in this Section 15(d), this Agreement may be amended only by a written agreement signed by an authorized representative of each party to this Agreement. Disputes arising under or relating to this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you of any applicable fees and payment terms prior to any such fees coming into effect.
data.ai’s Services, Content, and Confidential Information are subject to export control laws of various countries, including the laws of the United States. You represent and warrant you will access and use the Services, Content, and data.ai’s Confidential Information in compliance all U.S. and other applicable export control laws. You represent and warrant that neither you, nor any entity having control over you, are subject to sanctions, directives, or similar measures from the United States or other governments that would prevent or prohibit your access to or use of the Services, Content, or data.ai Confidential Information hereunder, and further, that you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country.
data.ai ConnectPlus Terms of Service
Effective Date: June 13, 2022
YOU SHOULD REVIEW THESE TERMS IN ACCORDANCE WITH YOUR ORGANIZATION’S POLICIES TO CONFIRM THAT YOUR PROVISION OF CONSENT IS WITHIN YOUR AUTHORITY AND CONSISTENT WITH YOUR ORGANIZATION’S POLICIES REGARDING YOUR COLLECTED DATA (DEFINED BELOW). YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE OR HAVE OBTAINED ALL NECESSARY RIGHTS, CONSENTS, AND AUTHORIZATIONS TO GRANT TO US ALL THE RIGHTS GRANTED TO US UNDER THESE CONNECTPLUS TERMS AND OUR POLICIES, AND THAT IN GRANTING US THESE RIGHTS YOU HAVE ACTED IN ACCORDANCE WITH YOUR ORGANIZATION’S POLICIES.
These data.ai ConnectPlus Terms of Service (“ConnectPlus Terms”) apply to your access to and use of our free version of data.ai ConnectPlus. The ConnectPlus Terms are incorporated by reference into the General Terms. In the event of a conflict between the ConnectPlus Terms and the General Terms, the ConnectPlus Terms control. For the avoidance of doubt, the use restrictions, warranty disclaimers, limitations and exclusions of liability and damages, indemnities, governing law and arbitration, and miscellaneous terms provided for in the General Terms apply with full force and effect in connection with your access to and use of any and all services described in these ConnectPlus Terms.
1. General Definitions
The following defined terms shall apply. All capitalized terms that are not defined herein shall have the meaning set forth in the General Terms. “data.ai ConnectPlus” (f/k/a Connect): any and all features and/or portions of the Services (defined in the General Terms) that enable(s) a user to access and/or use data retrieved by us from one or more Sources on such user’s behalf and/or data that such user makes available to us through any mechanism(s) that we make available to receive such data from such user. data.ai ConnectPlus includes any application programming interfaces (“APIs”) or other programmatic interfaces, in each case, that is provided by data.ai for interacting (including exchanging data or information) with data.ai ConnectPlus (collectively, the “ConnectPlus API”), your use of which is subject to Section 5 below (the “API Terms”).
“data.ai Models”: data.ai’s proprietary methods that use proprietary and other algorithms, statistical modeling, data quality processes, and adjustments to compute Market Estimates from pools of data that may include publicly available data and data collected by data.ai from users of its free Services (including Collected Data).
“Collected Data”: data we retrieve from the Sources on behalf of ConnectPlus Users and/or that ConnectPlus Users make available to us through any mechanism(s) that we make available to receive data from ConnectPlus Users. Collected Data does not include public data directly available via the Sources.
“ConnectPlus Users”: users of the free version of data.ai ConnectPlus.
“Intelligence Customers”: customers of data.ai’s products and/or services.
“Market Estimates”: estimates of app performance (e.g., downloads, revenues, ad network share, etc.), including of individual named apps, apps from one or more publishers, and apps across one or more industries, geographies, and/or marketplaces.
“Source”: any online data site, service, and/or source maintained and/or provided by you and/or a third party. Sources may include App Store Connect, Google Play Developer Console, and any other app store developer portals, as well as digital distribution, analytics, advertising and monetization platforms. Sources may also include third-party products and services that incorporate software development kits (or similar pieces of functionality) provided by us.
“Source Account Information”: account credentials (including login and password information) for accessing and/or retrieving data from a specific Source.
2. Collected Data
a. Power of Attorney
To use data.ai ConnectPlus, you must provide us with your Source Account Information. By using data.ai ConnectPlus and providing us with your Source Account Information, you hereby expressly grant to us: (i) authority to use your Source Account Information to access the corresponding Sources and retrieve your data maintained by such Sources, in each case, on your behalf and until you delete your data.ai account; (ii) permission to store such Source Account Information and use it to retrieve such data on your behalf until you delete your data.ai account; and (iii) rights to store and use your Collected Data (which includes such retrieved data) as described in further detail in Sections 2(c)-(d) below.
For the avoidance of doubt, by providing us with your Source Account Information, you hereby grant to us a limited power of attorney, and appoint us as your attorney in-fact and agent, to use such Source Account Information to access the Sources and retrieve your data maintained by such Sources on your behalf, with the full power and authority to perform each action necessary in connection with such activities as you could do in person (including configuring data.ai ConnectPlus through your data.ai account so that it is compatible with the Sources for which you submit your Source Account Information).
YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING YOUR DATA FROM THE SOURCES AND USING SUCH DATA AS DESCRIBED IN SECTIONS 2(B) AND 2C(I) BELOW, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT ACTING AS YOUR AGENT IF AND WHEN WE USE YOUR COLLECTED DATA AS DESCRIBED IN SECTIONS 2(C)(II)-(III) and 2(D) BELOW.
b. Your Use of Collected Data
You may access and/or use data.ai ConnectPlus to retrieve from the Sources and/or make available to us your Collected Data and view, access, retrieve, and/or receive your Collected Data, including summaries and/or reports including and/or reflecting your Collected Data (including through data.ai ConnectPlus’s data visualization tools and/or the ConnectPlus API, subject to the API Terms below). You may also choose to make your Collected Data available to others through a sharing or similar function that we may provide (“Sharing”). The scope of such Sharing, and with whom, is up to you. You agree that, as between you and us, you are solely responsible and liable for such Sharing and that such Sharing shall be outside of the scope of the Agreement (including these ConnectPlus Terms) and our Policies.
Notwithstanding anything to the contrary in this Agreement: (i) you acknowledge and agree that you are only authorized to access and/or use data.ai ConnectPlus to access, retrieve, and/or use data that you have lawful rights to access, retrieve, use, and provide to us under these ConnectPlus Terms; (ii) you represent and warrant that the Collected Data does not include any data or information relating to an identified or identifiable natural person other than your and/or your contractors’ employees; and (iii) you will notify us in writing promptly after discovering any breach of Section 2(b)(ii) above.
c. Our Use of Collected Data
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable (except as expressly provided in Section 2(e) below), sublicensable and transferable right to: (i) create summaries and/or reports including and/or reflecting your Collected Data, display or otherwise make available to you your Collected Data (including such summaries and/or reports) through data.ai ConnectPlus, and/or use your Collected Data to offer, provide, maintain, and/or improve our products and/or services to you; (ii) store your Collected Data in our systems and use your Collected Data in our data.ai Models to provide Market Estimates to Intelligence Customers as further described in Section 2(d) below; and (iii) de-identify and/or anonymize your Collected Data and use such de-identified and/or anonymized data for any business purpose, including to provide, maintain, improve, and/or develop any of our current and/or future products and/or services.
d. Market Estimates
FOR THE AVOIDANCE OF DOUBT:
(I) WE WILL: (1) GENERATE MARKET ESTIMATES THROUGH OUR DATA.AI MODELS ONLY IN A MANNER THAT RENDERS THE MARKET ESTIMATES INCAPABLE OF BEING RE-IDENTIFIED TO YOUR COLLECTED DATA; AND (2) NEVER PROVIDE YOUR COLLECTED DATA TO INTELLIGENCE CUSTOMERS; AND
(II) YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT: (1) MARKET ESTIMATES THAT WE PROVIDE TO INTELLIGENCE CUSTOMERS MAY INCLUDE PERFORMANCE ESTIMATES DERIVED FROM POOLS OF DATA THAT MAY INCLUDE YOUR COLLECTED DATA; AND (2) COLLECTED DATA IS NOT IDENTIFIABLE IN MARKET ESTIMATES EVEN THOUGH SUCH MARKET ESTIMATES MAY: (A) SPECIFICALLY NAME ONE OR MORE APPS AND/OR PUBLISHERS (INCLUDING YOU AND/OR YOUR APP(S)); AND/OR (B) BE SIMILAR TO ACTUAL APP PERFORMANCE DATA REFLECTED IN YOUR COLLECTED DATA.
Except as described herein, your Collected Data will not be provided to a third party without your consent, unless we conclude that it is required by law, such as to comply with a subpoena or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, implement a change of control transaction, protect your safety or the safety of others, investigate fraud, or respond to a government request.
If you do not agree with this Section 2(d) then do not use data.ai ConnectPlus. If you have any questions about this Section 2(d), these ConnectPlus Terms, or the Agreement, please contact us at email@example.com.
e. Access and Deletion
To protect the security of your data as maintained by the Sources, we advise you to, where applicable and depending on the Sources, limit our access rights for data.ai ConnectPlus by creating and using a separated account with limited roles. See our FAQs and your Sources’ documentation on how to set this up and see our
for information regarding our own security practices.
4. Apple and Other Third-Party
In the event you use a data.ai app in connection with a device provided by Apple Inc. (“Apple”), the following shall apply:
- You agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these ConnectPlus Terms, and that, upon your acceptance of the ConnectPlus Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce the ConnectPlus Terms against you as between you and Apple;
- You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to such data.ai app;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to such data.ai app; and
- In the event of any failure of such data.ai app to conform to any applicable warranty, you agree to notify Apple of such failure. Upon notification, Apple will refund to you the purchase price for the app (if any).
You further acknowledge and agree that your use of any Third-Party Materials (defined in the General Terms) may be governed by the applicable third parties’ terms and conditions and that such third parties may also be third-party beneficiaries to these ConnectPlus Terms with the right to enforce the ConnectPlus Terms against you as between you and them.
5. API Terms
a. API Definitions
“Application”: your software application, extension, or plug-in that makes use of our ConnectPlus API.
“API Kit”: any technical documentation, usage guidelines, and other materials concerning our ConnectPlus API provided or made available by us to you, including the ConnectPlus API, Documentation, and Sample Code (if any).
“Documentation”: any documentation or other written instructions describing the ConnectPlus API and its usage that are provided or made available by us to you.
“Sample Code”: any software in source code format that may be provided or made available by us to you.
Subject to your complete and ongoing compliance with the Agreement and our Policies, we grant to you a worldwide, limited, personal, non-exclusive, non-sublicensable, non- transferable, revocable right and license to: (i) internally use a reasonable number of copies of the API Kit in strict accordance with the Documentation solely to develop an Application that is capable of interacting with data.ai ConnectPlus (and not any of data.ai’s other products or services); (ii) make calls to the documented public features of the ConnectPlus API solely from the Application and solely for the purposes of accessing, retrieving, and/or receiving your Collected Data (including summaries and/or reports including and/or reflecting your Collected Data) from data.ai ConnectPlus in accordance with the Documentation; and (iii) internally reproduce and modify the Sample Code solely as a component of the Application. By submitting any data or information to the ConnectPlus API, you hereby grant to us a worldwide, non-exclusive, royalty-free, freely sublicensable, freely transferable, perpetual, and irrevocable license to use, copy, display, modify, analyze and prepare derivatives of the data and information for purposes of responding to your API calls and performing our obligations and exercising our rights under this Agreement.
Subject to Section 7 of the General Terms (Our and Third-Party Intellectual Property), you may display our trademarks (including brands and logos) and links to www.data.ai to promote or advertise your API integration, provided that any such displayed trademark is downloaded from our website at www.data.ai/about/press/company/ and displayed in unmodified form.
We reserve the right (but have no obligation) to modify, replace, update, and/or provide bug fixes for the API Kit at any time (“Updated API Kit”). Each Updated API Kit will be deemed part of the API Kit and subject to the Agreement. Modified or merged portions of the Sample Code will be deemed part of the Sample Code and subject to the Agreement. You must use the most recent version of the ConnectPlus API that we provide to you in order to ensure and maintain functionality and security. You must also ensure that, prior to using the Application to receive your Collected Data from data.ai ConnectPlus, the Application is fully compatible with the most recent Updated API Kit, if any.
d. Confidentiality; Security
You agree to limit access to and use of the API Kit (and any derived information) to employees and contractors involved in building your Application in accordance with these API Terms and to apply and implement in the Application at least the same level of security used to protect your own most confidential information.
You agree that we may audit your access to and use of the ConnectPlus API and you agree to provide us with information related to such access and use as reasonably requested by us, in each case, to verify your compliance with these API Terms and the Agreement. We reserve the right to monitor your access to and use of the ConnectPlus API and/or impose limits on certain API features and services for any reason.
f. No Support
You understand that we are in no way obligated to provide you with any error correction, support, or assistance with respect to the API Kit or any part thereof, the development of any Application, or any interaction between any Application and data.ai ConnectPlus.
g. Use Restrictions
In addition to the restrictions set forth in Section 5 (Restrictions) of the General Terms and in connection with your access to and use of any of our APIs as expressly permitted hereunder, you agree that you will not, directly or indirectly:
- interact with any of the Services through any of our APIs with any login credentials other than those provided by us to you, or disclose or allow a third party to use your login credentials to interact with any of the Services;
- sell, lease, loan, provide, distribute, or otherwise transfer access to any of our APIs to any third party;
- extend, subset, or superset any part of any of our APIs;
- create or develop any application or other software (including the Application) that exposes or discloses any of our APIs to end users;
- interfere with the normal operation of any of our APIs;
- use any of our APIs in a manner that exceeds reasonable request volume, use an unreasonable amount of bandwidth, or otherwise use any of our APIs in a manner that may impair the functionality, stability, or operation of the Services or adversely impact the behavior of other users or applications using any of our APIs;
- modify the Documentation, change any of the interfaces described in the Documentation, or extend any interfaces except as described in the Documentation;
- implement the ConnectPlus API in any software other than an Application or to support any interfaces between computing devices or computing functions other than as expressly required to interconnect with data.ai ConnectPlus;
- modify, translate, or create a derivative work of any portion of the API Kit except for the limited right to modify any Sample Code provided by us as expressly set forth in Section 5(b) above;
- reverse engineer, disassemble, decompile, or otherwise attempt to gain access to the source code of the API Kit except for the Sample Code and except to the extent permitted by applicable law; or
- remove, alter, or cover any copyright notices or other proprietary rights notices placed or embedded on or in any part of the API Kit.
h. Open Source Restrictions
Nothing in the Agreement authorizes you to subject any portion of the API Kit or any data.ai intellectual property right in any portion of the API Kit to the terms of any “open source” license, including a license that requires, as a condition of use, modification, or distribution of technology subject to such license, that such technology or other technology combined or distributed with such technology: (i) be disclosed or distributed in source code form; (ii) be licensed for the purpose of making derivative works; or (iii) be re distributable for little or no fee.