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.
“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.
To use the Site or Service, you must:
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.
In connection with your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:
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.
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.
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 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.
You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
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.
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.
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.
In the event you are using our application in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply:
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.
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.
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.
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.).
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.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
It is our policy:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address:
App Annie Legal Team
One Kearny Building
23 Geary Street, Suite 800
San Francisco, CA 94108
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