Effective Date: July 30, 2021
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 FREE DATA.AI ASCEND TERMS AND OUR POLICIES, AND THAT IN GRANTING US THESE RIGHTS YOU HAVE ACTED IN ACCORDANCE WITH YOUR ORGANIZATION’S POLICIES.
These data.ai Ascend Terms of Service (“data.ai Ascend Terms”) apply to your access to and use of our free version of data.ai Ascend. If you are current customer of data.ai Ascend paid version, then these data.ai Ascend Terms will not apply. The data.ai Ascend Terms are incorporated by reference into the General Terms. In the event of a conflict between the data.ai Ascend Terms and the General Terms, the data.ai Ascend 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 data.ai Ascend Terms.
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 Ascend”: 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 Ascend (or its successor service rebranded under a different name) includes any application programming interfaces or other programmatic interface (“APIs”) or other programmatic interfaces, in each case, that is provided by data.ai for interacting (including exchanging data or information) with data.ai Ascend (collectively, the “data.ai 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 and other sources, including without limitation Collected Data.
“Ascend Users”: authorized users of the free version of data.ai Ascend that are granted access, including users authorized by you and subject to any use restrictions by data.ai in its sole discretion.
“Collected Data”: any and all data submitted by or on behalf of you or your Ascend Users to the data.ai Ascend, including, without limitation, data submitted by you to the data.ai API, data collected by data.ai from a Source and data generated by proprietary and third-party reporting systems. Collected Data does not include public data directly available via a Source.
“Intelligence Customers”: customers of data.ai’s Intelligence related products and/or services.
“Market Estimates”: estimates of app performance (e.g., downloads, revenues, ad network share, etc.), including, without limitation, estimates of individual named apps, apps from one or more publishers, and apps across one or more industries, geographies, and/or marketplaces.
“Source”: means any of the ad networks, ad exchanges, mediation platforms, and analytics platforms used by you, the Apple App Store, the Google Play Store, generic files, and internal applications data, in each case to which you provides data.ai access in connection with providing data.ai Ascend. A Source may also include a third-party product or a service that incorporates a software development kit (or a similar piece of functionality) provided by data.ai.
“Source Account Information”: account credentials (e.g., username and password information) for accessing and/or retrieving data from a specific Source
a. Power of Attorneyb. Your Use of Collected Data
To use data.ai Ascend, you must provide us with your Source Account Information. By using data.ai Ascend 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 Ascend 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.c. Our Use of Collected Data
You may access and/or use data.ai Ascend 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 Ascend’s data visualization tools and/or the data.ai 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 data.ai Ascend 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 Ascend to access, retrieve, and/or use data that you have lawful rights to access, retrieve, use, and provide to us under these data.ai Ascend 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.d. Market Estimates
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 Ascend, 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.e. Access and Deletion
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 Ascend. If you have any questions about this Section 2(d), these data.ai Ascend Terms, or the Agreement, please contact us at firstname.lastname@example.org.
This Section 2 shall survive any expiration or termination of the Agreement.
In the event you use an data.ai app in connection with a device provided by Apple Inc. (“Apple”), the following shall apply:
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 data.ai Ascend Terms with the right to enforce the data.ai Ascend Terms against you as between you and them.
a. API Definitionsb. License
“Application”: your software application, extension, or plug-in that makes use of the data.ai API.
“API Kit”: any technical documentation, usage guidelines, and other materials concerning our data.ai API provided or made available by us to you, including, without limitation, Documentation, and Sample Code (if any).
“Documentation”: any documentation or other written instructions describing the data.ai 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.c. Updates
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 Ascend (and not any of data.ai’s other products or services); (ii) make calls to the documented public features of the data.ai 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 Ascend 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 data.ai 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.appannie.com to promote or advertise your API integration, provided that any such displayed trademark is downloaded from our website at www.appannie.com/about/press/company/ and displayed in unmodified form.d. Confidentiality; Security
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 data.ai 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 Ascend, the Application is fully compatible with the most recent Updated API Kit, if any.e. Access
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.f. No Support
You agree that we may audit your access to and use of the data.ai 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 data.ai API and/or impose limits on certain API features and services for any reason.g. Use Restrictions
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 Ascend.h. Open Source 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 data.ai 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 Ascend;
- 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.
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.