App Annie Terms of Service

last updated 2013-11-15

A new version of our Terms of Service will come into effect on 10 September 2014. Please review the new Terms here.

The following terms and conditions (the “Terms”) govern all use of the www.AppAnnie.com website (the “Site”) and/or any applications (such as our iPhone application) (together with the Site, the “Service”) provided to you by App Annie Limited and its wholly owned subsidiaries (“We” or “Us”). The Service is subject to your acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.

DEFINITIONS

“App Annie Analytics”: the specific section of our Service where our users maintain their Source Account Information and access the Collected Data. We present your data visually in charts as part of the Service for App Annie Analytics, unless you request that your Collected Data be presented in raw data format (through downloadable files or API).

“Collected Data”: data collected by us by either connecting to the Sources on behalf of our users, or accessing uploaded data (through manual data entry, uploaded files, API, or any other means) from our users to our Site. Collected Data does not include public data already directly available via the Sources. An example of Collected Data is an iTunes Sales Report.

“Source Account Information”: your user login and password information for access to your data from a specific Source, for example, your iTunes Connect user name and password.

“Sources”: online third-party data web sites which may include, without limitation, Apple iTunes Connect, Google Play and other app stores, digital distribution, analytics, advertising and monetization platforms.

ELIGIBILITY

To use the Site or Service, you must:

  • be human (the use of the Service may not be automated in any way, including without limitation a bot or a script);
  • be an individual (i.e., not a corporation) who is at least 14 years of age (provided that, if you are located in a state in which 14 is under the age of majority, then you represent that you have the legal consent of a legal guardian to enter the Terms);
  • provide complete and accurate and valid registration information and maintain accurate registration information on the Site or Service;
  • abide by all the Terms.

We may terminate or suspend your access to the Services at any time, for any reason (including your failure to comply with the eligibility requirements) and without warning, which may result in the forfeiture and destruction of all information associated with your membership. If we do terminate or suspend the Services (other than for your breach of these Terms), we will endeavor to provide you with access to your information upon your request, but we cannot guarantee such access. We may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of these Terms.

USE OF SERVICE

In connection with your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Service, 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 automated scripts to collect information or otherwise interact with the Service or the Site;
  • enter into these Terms on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity;
  • claim that we are endorsing or supporting your business, product or service without the prior express written approval by us.

You may decide to make your Collected Data available to other Site users, through a “Sharing” or similar function provided by us. What Collected Data is shared, and with whom is up to you. You agree that you are responsible for and are authorized for any such sharing.

ACCOUNT SECURITY AND PASSWORD

Upon registration you will be provided with a login identifier and a password in order to access the Site and use the Service. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your user name and password. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.

PRIVACY POLICY

For information regarding our treatment of your information, including your Collected Data and Source Account information, please review our current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by our Privacy Policy.

INTELLECTUAL PROPERTY

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service (“Content”), excluding those belonging to any third party, are our sole property.

Content owned by third parties shall not be used by your for any purpose. In addition, certain trademarks contained on the Site, or within the Services, such as “iTunes Connect” are the sole and exclusive property of Apple, Inc. We claim not ownership thereof. The user thereof by us shall inure solely to the benefit of Apple, Inc.

Unauthorized use of any Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. App Annie may sometimes display on this Site Content from third parties which it does not control. Please see the Copyright Dispute Policy section below 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 Site, Service, our Content, code, or third-party Content without the prior express written consent from us or from the respective owner of said material.

RIGHTS YOU GRANT US

Rights to Collected Data. Please refer to the section called “Ownership and Privacy of Data” in our Privacy Policy for details on how we use your Collected Data.

Rights as Your Agent. When using the App Annie Analytics you expressly authorize us to access and use, on your behalf as your agent, your Collected Data maintained by the Sources. We will submit your Source Account Information that you provide to us to log-on to the Sources. You hereby authorize and permit us to use and store Source Account Information submitted by you to the Service (including without limitation account passwords and user names) to accomplish the foregoing and configure the Service so that it is compatible with the third party sites for which you submit your information. Source Account Information is always stored in accordance with our Data Security Policy.

For purposes of these Terms and to provide the Collected Data to you as part of this Service and in accordance with these Terms and our Privacy Policy, you grant us a limited power of attorney, and appoint us as your attorney in-fact and agent, to access Sources, 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. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING SOURCE ACCOUNT INFORMATION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY.

You acknowledge and agree that you have the authorization, or have obtained the authorization, to grant us all the rights required in this Terms of Service and Privacy Policy, and that you have acted in accordance with your company policies.

You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

USER SUBMISSIONS

In the course of using the Services, you and other users may provide information (other than Collected Data and Source Account Information), such as posts and comments on our public blogs and forum, or artwork or other content associated with your asset / digital good / product, which may be used by us in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Submissions”), we hereby are and shall be granted a nonexclusive, worldwide, royaltyfree, perpetual, irrevocable, sublicenseable and transferable right to use such User Submissions (including all related intellectual property rights) in connection with the Services and our (and our successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, we will only share your personally identifiable information in accordance with our Privacy Policy in effect from time to time. You also hereby do and shall 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.

You warrant, represent and agree that you will not contribute any User Submissions or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of us; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. We reserve the right to remove any User Submissions from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submissions or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. 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.

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and we shall have sole discretion regarding the course of action to take in connection therewith.

DISCLAIMER OF WARRANTY

The Service is provided “as is.” TO THE FULLEST EXTENT PROVIDED BY LAW, WE EXCLUDE AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THIS SITE OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES or countries DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

While we attempt to have the Service available at most times, we do not guarantee that the Service will always be available, nor that the Service will not become unavailable during use. The Service may become unavailable for a number of reasons, including without limitation, during the performance of maintenance to the Service, for the implementation of new software, in emergency situations, and due to equipment or telecommunications failures.

While we attempt to prevent against any loss of data, we do not provide any guarantee against any loss of data stored in our Service from any cause, including without limitation equipment or telecommunication failures.

We do not guarantee complete accuracy in all aspects of the Service at all times.

Features of the Service contingent on any Sources are therefore also not guaranteed to be always available depending on the Sources technology and policy.

LIMITATION OF LIABILITY

You exclude us from all liability for damages related to or arising out of the use of this Site or Service. Without limiting the generality of the foregoing, you agree to exclude us from any liability for damages incurred by you as a result of sanctions imposed by third parties (including, without limitation, suspension of your use of the Source) because of your use of the Service. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that we have no liability with respect to any applications you publish or distribute. IN NO EVENT SHALL WE OR OUR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION FOR (I) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (II) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If any of the foregoing disclaimers or limitations of liability are declared by any court or administrative body to be void or unenforceable, then our liability shall be limited to the minimum amount recoverable under applicable law.

APPLE TERMS

In the event you are using our application in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply:

  1. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary thereof;
  2. 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 the application;
  3. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application; and
  4. In the event of any failure of the application 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).

INDEMNIFICATION

You agree to indemnify and hold us, our directors, officers and employees, and suppliers harmless to the fullest extent of the applicable law from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of your (or your employees’ or permitted users’) use of or conduct with the Service.

FORCE MAJEURE

Neither us or you shall be liable to the other for any failure to perform any obligation under the Terms which is due to an event beyond the control of either party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of contained herein.

GOVERNING LAW AND JURISDICTION

These Terms and all matters arising out of these Terms shall be construed and enforced exclusively in accordance with Hong Kong law without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising in connection with or out of these Terms shall be finally settled under the rules of the Board of Arbitration of the Central Chamber of Commerce of Hong Kong. The arbitral tribunal shall be composed of one (1) member. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in English and the arbitration award shall be given in English, unless otherwise agreed by the parties in writing during the proceedings. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. 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.

MISCELLANEOUS

If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions expressed in the Terms, and the remaining portions shall remain in full force and effect.

You may not assign or transfer the Terms or your rights or obligations hereunder, and any attempt to do so is void.

We reserve the right to, and you hereby grant us a nonexclusive, worldwide, royaltyfree, perpetual, irrevocable, sublicenseable and transferable right to use your user name, company name, company logo, and any comments you make publicly or privately (on our Site, or on any 3rd party site) concerning your use of our Service in all our communication materials (web site, presentations, etc.).

MODIFICATIONS

We retain the right to, at any time, modify or discontinue any or all parts of the Service without notice.

We may modify, in our sole discretion, these Terms at any time, and the new Terms shall be effective immediately upon posting on the Site. You agree to review periodically the Terms to be aware of such modifications, and your continuous use of the Service is an acceptance of any change to these Terms.

The date of the last update is included at the top of these Terms.

QUESTIONS

If you have any questions or concerns regarding anything in these Terms, please contact us. Our address is as follows:

App Annie Limited
35/F Central Plaza
18 Harbour Road
Wan Chai, Hong Kong
Email: legal@appannie.com

App Annie Terms of Service

Effective Date: 10 September 2014

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:

Analytics Terms (applicable to our analytics products, such as App Annie Analytics and Distimo App Analytics).”

Authorization

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 Analytics), 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.

User Submissions

In the course of using the Services, you and other users may provide information (other than Collected Data and Source Account Information, as defined in the Privacy Policy), such as posts and comments on our public blogs and forum, or artwork or other content associated with your asset / digital good / product, which may be used by us in connection with the Services and which may be visible to other users. You understand that by posting information or content on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Submissions”), you thereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use such User Submissions (including all related intellectual property rights) in connection with the Services and our (and our successors’ and assigns’) business, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

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.

Intellectual Property

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.

Indemnity

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.

Disclaimers

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.

Privacy Policy

App Annie’s collection and use of information is governed by its privacy policy, available at http://www.appannie.com/help/privacy/

Miscellaneous

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.

Promotional License

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 Store Stats and/or App Annie Analytics) 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.

 

Analytics Terms

Effective Date: 10 September 2014

These App Annie Analytics Terms of Service (“Analytics Terms”) apply to our “App Annie Analytics” product family. The Analytics Terms incorporate by reference App Annie’s Terms of Service and Privacy Policy. In the event of a conflict between the Analytics Terms and the Terms of Service, the Analytics Terms control.

A. Definitions.

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 Analytics”: 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 Analytics includes any Application Programming Interfaces (“APIs”) or other programmatic interfaces for interacting with, or obtaining information from, App Annie Analytics.

“App Annie App”: mobile applications that provide access to App Annie Analytics.

“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 Analytics, 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 Analytics Terms and to provide Collected Data to you as part of App Annie Analytics, 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 Analytics 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 Analytics.

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 legal@appannie.com.

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 Analytics may not be sponsored or endorsed by any third parties accessible through App Annie Analytics.

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.

A limited number of App Annie employees (including those of third-party service providers authorized to carry out tasks on our behalf, as described in our Privacy Policy) may log in to App Annie Analytics on your account in order to maintain the Services. Employees of App Annie are required to sign an Insider Trading Policy agreement and Non-Disclosure Agreement to ensure the privacy of your Collected Data and Source Account Information.

Upon your request, we will delete your account and associated account information (such as your contact details, email addresses and Source Account Information). While we will immediately cease any future collection of your Collected Data upon deletion of your account, any Collected Data that has already been included in the pool of data used by our App Annie Statistical Model will not be deleted. Additional information on our Deletion practices can be found in our Privacy Policy.

You may voluntarily decide to make your Collected Data available to others, through a sharing or similar function if provided by us (“Sharing”). The scope of such Sharing, and with whom, is up to you. You agree that you are responsible for and are authorized to perform any such Sharing and that such Sharing shall be outside of the scope of these Analytics Terms and our Privacy Policy.

You acknowledge and agree that you have the authorization, or have obtained the authorization, to grant us all the rights required in these Analytics Terms and our Privacy Policy, and that you have acted in accordance with your company policies.

C. Information Security.

We understand that the use of App Annie Analytics 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 Analytics, 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 Analytics 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 Analytics to retrieve information that you have lawful rights to access and provide to us, per Section B of these Analytics Terms.

D. Disclaimer of Warranties and Limitation of Liability

APP ANNIE ANALYTICS 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 ANALYTICS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF APP ANNIE ANALYTICS WILL BE UNINTERRUPTED OR ERROR-FREE.

We attempt to have App Annie Analytics available and operating effectively at most times but cannot guarantee that it will always be available. App Annie Analytics 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 Analytics at all times. Features of App Annie Analytics 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 ANALYTICS. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF APP ANNIE ANALYTICS. 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 Analytics Terms, and that, upon your acceptance of the Analytics Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce the Analytics 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 Analytics

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 Analytics 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 Analytics or (iv) any dispute you have or may have with other users or any third party.

G. API

If you access App Annie Analytics via API, the following provisions also apply:

License

Subject to these Analytics 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.

Reservations

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.

Termination

We may suspend or terminate your use of the API at any time, for any reason, without notice or liability to you.

Security

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.

Access

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 Analytics Terms. App Annie reserves the right to monitor your use of the API and/or impose limits on certain API features and services.

Support

You understand that we are in no way obligated to provide you with any error correction or support, or otherwise maintain the API.

Restrictions

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.

Learn more about App Annie by browsing our FAQs.