YOUR USE OF THE APP ANNIE EUROPE LIMITED (TOGETHER WITH ITS AFFILIATES, “APP ANNIE” OR “US”/“WE”/“OUR”) WEBSITES (THE “SITES”), MOBILE APPLICATIONS AND ANY SERVICES OFFERED BY APP ANNIE’S NETWORK OF PROPERTIES (COLLECTIVELY WITH THE FOREGOING, THE “SERVICES”) IS SUBJECT TO YOU AGREEING TO THESE TERMS AND CONDITIONS (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE SERVICES.
These Terms were written in English (US). To the extent any translated version conflicts with the English version, the English version controls.
Additional Terms Applicable to the Services
Some areas of the Services may have additional terms, policies or agreements that apply (“Content Specific Terms”). You agree to comply fully with these Terms and, if applicable, any Content Specific Terms. In the event of a conflict or inconsistency between these Terms and any Content Specific Terms, the Content Specific Terms control.
Example of Content Specific Terms:
“Connect Terms (applicable to our analytics products, such as App Annie Connect and Distimo App Analytics).”
You hereby certify to App Annie that (i) you are at least 18 years of age and, (ii) if you are agreeing to these Terms on behalf of a corporation or entity, that you are duly authorized to bind such corporation or entity.
Registered Materials and License
As a condition to using certain Services (such as App Annie Connect), you will be required to register. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. Upon registration, you will be provided with a login identifier (“App Annie User ID”) and a password. We reserve the right to refuse registration (or cancel a App Annie User ID) for any reason and in our sole discretion. You shall be responsible for maintaining the confidentiality of your App Annie User ID and password. You are not allowed to share your App Annie User ID and/or password for any reason and are fully and solely responsible for all activities that occur under your account. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
Use of the App Annie Services
In connection with your use of the Services, you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- attempt to gain unauthorized access to any part of the Services or to any App Annie computer systems or networks;
- infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage any part of the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without App Annie’s express written permission;
- claim that App Annie is endorsing or supporting your business, product or service without prior written approval by App Annie.
You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to us does not affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing.
We reserve the right to remove any User Submissions from the Services at any time, for any reason. You, not us, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.
Content provided by App Annie in the Services (“Content”) are the intellectual property and copyrighted work of App Annie or third-party authors. All rights not expressly granted with respect to the Services and Content are hereby reserved. App Annie may modify (or cease providing) the Services or Content at any time in App Annie’s sole discretion.
Content owned by third parties (including, without limitation, 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. App Annie does not claim any ownership thereof. The goodwill of any use thereof shall inure solely to the benefit of Apple Inc.
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 unauthorized content.
You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, prepare derivative works from, reverse engineer, disassemble or decompile or exploit any portion of the Services, our Content, code, or third-party Content without prior written consent from us or, upon our direction, from the respective owner of said material.
You agree to indemnify and to hold harmless App Annie from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your violation of these Terms.
Termination of Your Use
App Annie may, in its sole discretion, discontinue or limit your access to any part (or all) of the Services at any time. You agree that App Annie shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Services.
The Services may provide provide links to third-party websites or access to third-party content, products and/or services (“Third-Party Sites and Content”). App Annie is not responsible for such Third-Party Sites and Content; you bear all risks associated with the access and/or use of such Third-Party Sites and Content. THE SITES, SERVICES, CONTENT, AND ANY THIRD-PARTY SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APP ANNIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL APP ANNIE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, ANY CONTENT, OR ANY THIRD-PARTY SITES AND CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, APP ANNIE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL APP ANNIE’S CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT PAID TO APP ANNIE BY CUSTOMER FOR THE USE OF THE SERVICES OR $250.
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. App Annie shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond App Annie’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any portion of these Terms is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You represent and warrant 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, and that you are not listed on any U.S. Government list of prohibited or restricted parties. We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you prior to any such fees coming into effect. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. App Annie may transfer, assign or delegate these Terms and its rights and obligations without consent.
You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your user name, company name, company logo, and any comments you make publicly or privately for promotional purposes (such as on our Sites, or on a third-party site) concerning your use of the Services (e.g., your use of App Annie Intelligence and/or App Annie Connect) in our communications materials (website, presentations, etc.).
Governing Law and Venue
These Terms and all matters arising out of these Terms 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. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, 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.
Entire Agreement and Modifications to Terms
These Terms (with the exception of any Content Specific Terms that may additionally apply) are the entire statement of the terms that govern your use of the Services. APP ANNIE MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME IN APP ANNIE’S SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AFTER APP ANNIE POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS.
Effective Date: 20 September 2014
The following defined terms shall apply. All capitalized terms that are not defined herein shall have the meaning set forth in the Terms of Service.
“App Annie Connect”: any section of our Services (including Distimo App Analytics) where users maintain Source Account Information and/or access Collected Data (both terms as defined below). App Annie Connect includes any Application Programming Interfaces (“APIs”) or other programmatic interfaces for interacting with, or obtaining information from, App Annie Connect.
“App Annie App”: mobile applications that provide access to App Annie Connect.
“Collected Data”: data collected by us by either connecting to the Sources on behalf of our users, or accessing uploaded data (for example, manually entered data, uploaded files) provided by our users. Collected Data does not include public data directly available via the Sources. An example of Collected Data is an iTunes Sales Report.
“Source Account Information”: account credentials, such as login and password information, for accessing data from a specific Source (for example, an iTunes Connect user name and password).
“Sources”: online third-party data sites, services and sources, which may include, without limitation, Apple iTunes Connect, Google Play and other app stores, as well as digital distribution, analytics, advertising and monetization platforms. Sources may also include third-party products and services that incorporate SDKs (or similar pieces of functionality) provided by App Annie.
“App Annie Intelligence”: the sections of our Services (including Distimo AppIQ) where subscribers receive estimates of app performance (e.g., downloads, revenues, etc.), including across publishers, industries, geographies and marketplaces.
B. Rights Granted to App Annie; Use of Collected Data.
By using App Annie Connect, you expressly authorize us to access and use your Collected Data maintained by the Sources. We will submit your Source Account Information that you provide to us to access to the Sources. Source Account Information is always stored in accordance with our Data Security Policy.
For purposes of these Connect Terms and to provide Collected Data to you as part of App Annie Connect, you grant us a limited power of attorney, and appoint us as your attorney in-fact and agent, to access Sources, store your Source Account Information and retrieve and use your Collected Data with the full power and authority to do and perform each action necessary in connection with such activities, as you could do in person (including configuring App Annie Connect so that it is compatible with the Sources for which you submit your information). YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING COLLECTED DATA, 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 WE USE YOUR COLLECTED DATA (IN OUR APP ANNIE STATISTICAL MODEL) TO GENERATE AND PROVIDE ESTIMATES OF APP PERFORMANCE TO SUBSCRIBERS OF OUR APP ANNIE INTELLIGENCE SERVICE.
Specifically, we may access and include your Collected Data in the pool of data used by our App Annie Statistical Model to generate and provide estimates of app performance (e.g., downloads, revenues), including across publishers, industries, geographies and marketplaces, to subscribers of App Annie Intelligence. Subscribers to App Annie Intelligence never receive your specific set of Collected Data in an identifiable form. You hereby acknowledge and consent to the use of your Collected Data in this manner by using App Annie Connect.
FOR THE AVOIDANCE OF DOUBT, THE ESTIMATES GENERATED BY OUR APP ANNIE STATISTICAL MODEL (AND MADE AVAILABLE TO OTHERS) MAY INCLUDE PERFORMANCE ESTIMATES OF YOUR ASSETS / DIGITAL GOODS / PRODUCTS. These estimates are derived from aggregated pools of information that may include your Collected Data. Because they are generated by our App Annie Statistical Model from aggregated pools of information and are only estimates, we consider these estimates regarding your apps to be non-identifiable even though (a) the estimates may be very similar to the actual performance data you provide as part of your Collected Data and (b) the estimates may specifically name each app and publisher.
If you have any questions about the foregoing, please contact us at firstname.lastname@example.org.
Except as described herein, your specific set of Collected Data will not be provided to a third party in an identifiable form 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.
You understand and agree that App Annie Connect may not be sponsored or endorsed by any third parties accessible through App Annie Connect.
In addition to the foregoing, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your Collected Data for internal purposes to operate and improve our Services (including App Annie Intelligence) for you and other customers, and to build and operate new services and products.
C. Information Security.
We understand that the use of App Annie Connect requires sensitive statistical and financial data to be stored on our servers, and that steps must be taken to ensure this data stays private.
While using App Annie Connect, all data that is transferred between your computer and our servers is encrypted with Secure Socket Layer (SSL) technology.
To further protect the security of your Sources, App Annie advises you to, where applicable and depending on the Sources, limit our access rights for App Annie Connect by creating and using a separated account with limited roles. See our FAQ and your Sources’ documentation on how to set this up.
You are only authorized to use App Annie Connect to retrieve information that you have lawful rights to access and provide to us, per Section B of these Connect Terms.
D. Disclaimer of Warranties and Limitation of Liability
App Annie Connect IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY EXCLUDE AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATED TO App Annie Connect, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF App Annie Connect WILL BE UNINTERRUPTED OR ERROR-FREE.
We attempt to have App Annie Connect available and operating effectively at most times but cannot guarantee that it will always be available. App Annie Connect may become unavailable for a number of reasons, including, without limitation, the performance of maintenance, the implementation of new software, in emergency situations and/or due to equipment or telecommunications failures. While we attempt to prevent any loss of data, we do not provide any guarantee against any loss of data, including, without limitation, any loss of data due to equipment or telecommunication failures. We do not guarantee complete accuracy in all aspects of App Annie Connect at all times. Features of App Annie Connect contingent on Sources are not guaranteed to always be available and are dependent on the Sources’ technologies and policies.
YOU EXPRESSLY ACKNOWLEDGE THAT APP ANNIE DISCLAIMS ANY LIABILITY FOR DAMAGES INCURRED BY YOU AS A RESULT OF SANCTIONS IMPOSED BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, SUSPENSION OF YOUR USE OF A SOURCE) BECAUSE OF YOUR USE OF App Annie Connect. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF App Annie Connect. YOU AGREE THAT WE HAVE NO LIABILITY WITH RESPECT TO ANY APPLICATIONS YOU PUBLISH OR DISTRIBUTE.
E. Apple Terms
In the event you use an App Annie 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 Connect Terms, and that, upon your acceptance of the Connect Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce the Connect Terms against you as the third-party beneficiary thereof;
- You acknowledge and agree that App Annie, and not Apple, is responsible for addressing any claims you or any third party may have in relation to an App Annie App;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to an App Annie App; and
- In the event of any failure of an App Annie 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 application (if any).
F. Indemnification for App Annie Connect
You agree to indemnify and hold us, our directors, officers, employees and suppliers harmless to the fullest extent of applicable law from any claim, action, demand, loss, liability, damage, cost or expense (including, without limitation, legal fees) arising from or in connection with (i) your breach of these Connect Terms, (ii) your violation of any laws or regulations or third-party rights (such as intellectual property or privacy rights), (iii) any content you have submitted to or through App Annie Connect or (iv) any dispute you have or may have with other users or any third party.
If you access App Annie Connect via API, the following provisions also apply:
Subject to these Connect Terms, we grant you a limited, personal, non-sublicensable, non-transferable, royalty-free, non-exclusive license to: (1) use our APIs to build software applications (each, an “Application”) that communicate with the Services and (2) display our brand, logo and links to appannie.com to promote or advertise your API integration.
You may not use our brand, logo or any links in any way that suggests, directly or indirectly, that you or the Application is sponsored, approved by, or affiliated in any way with App Annie.
We reserve the right to modify the API and to release subsequent versions of the API. You may be required to obtain and use the most recent version of the API in order to maintain functionality.
We may suspend or terminate your use of the API at any time, for any reason, without notice or liability to you.
You agree to limit access to the API (and any derived information) to employees involved in building your Application 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 to provide us with access to your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Connect Terms. App Annie reserves the right to monitor your use of the API and/or impose limits on certain API features and services.
You understand that we are in no way obligated to provide you with any error correction or support, or otherwise maintain the API.
Except as expressly and unambiguously authorized under these Terms, you agree not to:
- Access the API with credentials other than your own.
- Provide a service that offers access to the API where you require an App Annie User ID and password, or any information derived from an App Annie User ID or password.
- Disclose (or allow access to) the API (or any information derived from it) to any third-party.
- Charge any fee or other consideration for any part of the API (or information derived from it), any Application, or any related intellectual property.
- Copy, distribute, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify, extend, subset or superset any part of the API.
- Use the API to create an Application that offers or promotes services that damage, disparage or negatively affect us or our licensors, licensees, affiliates or partners.
- Restrict or inhibit any user from using and enjoying our Sites, Services or API.
- Circumvent or modify any access keys or other security mechanism employed by App Annie or the API.
- Use the API in violation of any applicable law.
Violation of any of the foregoing is grounds for termination of your right to use or access the API.
YOU SHOULD REVIEW THESE TERMS IN ACCORDANCE WITH YOUR COMPANY’S POLICIES TO CONFIRM THAT YOUR PROVISION OF CONSENT IS WITHIN YOUR AUTHORITY AND CONSISTENT WITH YOUR COMPANY’S POLICIES REGARDING YOUR COLLECTED DATA.
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