Please read these terms of service (“TOS”) carefully. They constitute a legally binding agreement and contain terms limiting our liability to you, exclusions of certain warranties, and terms relating to our access to and use of data collected and analyzed by the Appromoters Service.
These TOS apply to the Appromoters Service for customers with Developer licenses, temporary licenses and commercial licenses.
We reserve the right to change or modify any of these TOS at any time, in our sole discretion. Updated Service Terms will apply from the earlier of (i) thirty (30) days after posting of (ii) your indication of agreement to the updated terms, via clickthrough or otherwise. Your continued use of any part of the Appromoters Service following such effective date will constitute your acceptance of such changes or modifications.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE APPROMOTERS SERVICE, YOU AGREE TO BE BOUND BY THESE TOS. If you are using the Appromoters Service on behalf of a company, you must have the authority to bind that company to these TOS. If you are not willing to be bound by these TOS, you should not complete the registration process and should not use the Appromoters Service.
The “Appromoters Service” includes access to: (i) the Appromoters service, documentation, sample code and any fixes, updates and upgrades provided; (ii) the Appromoters Application Programming Interface (“Appromoters API”), the Appromoters SDKs and/or Appromoters integration code (“Integration Code”), necessary for you to install and deploy in order to make use of Appromoters functionality; (iii) the Appromoters dashboard, analysis, testing, messaging tools and administrative console; and (iv) a variety of reports related to the behavior and usage patterns of users using your application (“Reports”). The Appromoters Service may be used by you for the purposes of app content, advertising and feature management, campaign tracking, messaging, push notifications and analytics according to the Appromoters Edition to which you have subscribed.
We hereby grant you a non-exclusive, non-transferable, limited-term license to (ii) make calls to the Appromoters API and/or (i) install, use and embed the Appromoters Integration Code (in executable form only) into your application, each for the purposes of using the functionality offered by the Appromoters Service in respect of the Appromoters Edition to which you have subscribed.
Access to the Appromoters Service is limited to those of your employees and contractors who have been issued usernames and passwords by us or you. Your licensee administrator may also ask us (via email) to create logins for third party users who are assisting you with app development and maintenance. Administrator users can set access permissions for other users. You should ensure that details of your administrator users are kept up to date and that you notify us if your administrator users are changed or leave your company. You are responsible for any activity by users issued under your account.
Reports may be distributed within your organisation for the purpose of analysing your app.
2 SERVICE UPDATES
We will be updating the Appromoters Service and adding new or different features and functionality on a regular basis. Provided you are current with fees, you will be granted access to the updated versions of features to which you have subscribed. Optional or new features and functions may be subject to additional fees. We may also adjust or delete certain features from time to time.
Whether fees are payable by you will depend on whether you have a temporary license (including a Developer license) to use the Appromoters Service or a commercial license (e.g. Flex, Pro or Enterprise)., Unless we both agree otherwise, no fees are payable for a temporary license for usage within the agreed limits. For commercial clients, you will have entered into written commercial terms (“Commercial Terms”) which outline the access fees payable and other commercial terms applicable, including the Appromoters Edition to which you have subscribed. The Commercial Terms are in addition to these TOS and to the extent there is a conflict, the Commercial Terms will apply.
The Appromoters Service collects data regarding the behavior and usage patterns of users of your application. Please see “Appromoters and Your Data” for comprehensive information on the data collected by the Appromoters Service. The user information which is collected by the Appromoters Service is defined as “User Data”. Other than required device information such as make, model, resolution etc, you are in control of the data to be collected and analyzed via the Appromoters Service.
The Appromoters Service is provided on a software-as-a-service, hosted basis. As such, our third party hosting provider (currently Amazon Web Services) will have access to the same data, including User Data, as we do. Our hosting provider is only permitted to process this data for the purposes of providing hosting services to us.
During the Term and after termination Appromoters may maintain, use and publish anonymised User Data. We will not disclose User Data in such a way as to identify you, your application or your users without your (or your users’, as applicable) prior written permission.
5 FACEBOOK CAMPAIGN TRACKING
If you request or access Facebook Campaign tracking information via the Appromoters service, you hereby authorize Appromoters to collect such information on your behalf. In order to make use of the Appromoters Service to track Facebook advertising campaigns, you must have entered into relevant Facebook advertiser terms and you agree to be bound by those terms. If you (as opposed to Appromoters, or the Appromoters system/SDK) are collecting Facebook attribution data, you must have entered into an agreement with Facebook allowing such access and agree to be bound by those terms. In order to collect Facebook attribution and conversion data, Appromoters is bound by terms entered into with Facebook and will only share Facebook user data in accordance with those terms, including only making Facebook mobile analytics data collected by Appromoters available to you in an aggregated and anonymous form. Appromoters may make available to Facebook any forms of Reports related to Facebook campaign tracking, and may make changes to the forms of such Reports at any time as requested by Facebook. If the Facebook mobile analytics data is collected via a Appromoters-provided code snippit or via the Appromoters SDK then, on request by Appromoters, you must remove or adjust, as directed by Appromoters, or upgrade such code snippit or SDK functionality within eight (80) days of such request such that the code snippit or SDK no longer collects Facebook mobile analytics data.
6 SUPPORT SERVICES
Support queries may be logged via email to info[at]appromoters.com or directly via the Appromoters Service.
7 YOUR RESPONSIBILITIES
7.1 You may not use the Appromoters Services to:
upload, post, send, email, or otherwise transmit or make available:
any content that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, hateful, or racially or ethnically objectionable material;
any content or material that you do not have a right to transmit or any material that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other unauthorized forms of solicitation; or
any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
interfere with or disrupt the Appromoters Service or servers or networks connected to the Appromoters Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Appromoters Service; or
violate any applicable local, state, national or international law or regulation.
7.2 You may not
copy, modify or create derivative works of the Appromoters Service or portions thereof;
disclose or allow access to the Appromoters API to any third party except to contractors who are assisting you in the development, enhancement or maintenance of your app;
distribute the Appromoters Integration Code in any form other than executable, object code form, complied into your app;
disclose the results of any quality, benchmark or performance testing of the Appromoters Service to any third party without our prior written approval;
work around any technical limitations in the Appromoters Service;
allow access to, publicly perform or display the Appromoters Service other than to your employees or authorized contractors to whom we or your administrator users have issued usernames and login details; or
transfer your access to the Appromoters Service or this agreement to any third party.
7.3 Use of the Appromoters Service is subject to the Appromoters Service Guidelines, which may be updated from time to time.
8 OWNERSHIP; FEEDBACK
The Appromoters Service is owned by us and is protected by copyright and other intellectual property laws. All rights not expressly granted herein are reserved by us.
We encourage you to provide feedback on errors or quality issues and suggestions for the improvement of the Appromoters Service. You agree that we may use feedback that you provide to us in any way, including in future enhancements and modifications to the Appromoters Service. You grant to us a perpetual, worldwide, irrevocable, royalty free license to use, reproduce, modify, create derivative works of, distribute, and display the feedback for any purpose.
The Appromoters Service, including the ideas and concepts contained therein and the documentation accompanying the Appromoters Service, constitutes confidential information of ours. You shall not disclose the details of the Appromoters Service, or portion thereof, to any third party. This section shall survive termination of this Agreement until and to the extent that such information becomes publicly available. If we have signed a non-disclosure agreement, the terms of such agreement shall also apply to your use of the Appromoters Service, to the extent that such terms do not conflict with this Agreement.
Developer Edition and temporary licenses: Access is on a month-to-month basis and either party may terminate access at any time by giving email notice to the other.
Flex Edition: Unless otherwise agreed in the signed Commercial Terms, access is on a month-to-month basis. Either party may terminate access by giving the other not less than five (5) business days’ email notice, such notice to take effect at the end of a contract month.
All other Editions: The Term will be as outlined in your Commercial Terms. On expiration of the initial contract term, the agreement will automatically renew for annual periods unless either party gives the other not less than thirty (30) calendar days’ email notice of its intention not to renew, in which case the contract will terminate as of the following renewal date.
Please send any contract requests to email@example.com.
Termination by You for Cause
You may terminate this Agreement for cause: (i) upon 30 days written notice to us of a material breach if such breach remains uncured at the expiration of such period, or (ii) if we become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
Upon any termination for cause by you, we shall give you a refund of any prepaid fees pro-rated to the effective date of termination.
Termination by Us for Cause
This agreement and your right to use the Appromoters Service shall terminate automatically if you violate any part of these Service Terms or if you become insolvent. In this case, no refund of pre-paid fees will be provided by us.
If you are late making payment of applicable fees, we will notify you and you will have fifteen (15) days to remedy such late payment. If you have not made payment within that period, we may terminate your access to the Appromoters Service without liability to you.
If you are in breach of any of the terms of this Agreement, we may suspend access to the Appromoters Service in addition to any other rights we have in law or equity.
Effects of Termination
Upon termination, you will stop using the Appromoters Service (and you acknowledge that we may terminate your account). On termination you will remove the Appromoters Integration Code from your app and cease all use of the Appromoters Integration Code and Appromoters API. Unless this agreement has been terminated for your breach, insolvency or non-payment of fees, you need not remove the Appromoters Integration Code from your app immediately but must do so within a reasonable period.
You acknowledge that, on termination of the Appromoters Service, your users will no longer have access to any personalization features or customized versions of your app which were enabled by the Appromoters Service.
Unless your access to the Appromoters Service has been terminated for non-payment, insolvency or for breach of these TOS, we will maintain your User Data and game information for a period of not less than thirty (30) days and make it available to you to download in a format reasonably determined by us. If we terminate your access to the Appromoters Service for non-payment or breach of these TOS, you should be aware that all User Data and game information may be deleted permanently and may not be retrievable.
We are not obliged to maintain User Data or game data for longer than thirty (30) days after you have stopped using the Appromoters Service.
We warrant that the Appromoters Service will operate substantially and materially in accordance with its specifications and documentation on the Appromoters website.
Beta features and relevant Reports are provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that access to the Appromoters Service will be uninterrupted or that the Appromoters Service or Reports will be error-free.
12 LIMITATION OF LIABILITY
In no event shall we be liable for any indirect, special, incidental or consequential damages whatsoever arising out of the use of or inability to use the Appromoters Service, whether based on contract, tort or other legal theory, even if we have been advised of the possibility of such damages.
Developer and Temporary Access: If we are held liable for any reason under this Agreement or in relation to the Appromoters Service, in no event will our liability exceed US$10.00.
Commercial Access: If we are held liable for any reason under this Agreement or in relation to the Appromoters Service, in no event will our liability exceed the fees paid by you in respect of the Appromoters Service for the previous twelve (12) months.
13 ENTIRE AGREEMENT
These TOS, the Commercial Terms (if any) and the Appromoters Service Guidelines constitute the complete and entire agreement of the parties and supersede all previous communications, oral or written, and all other communications between us relating to the use of the Appromoters Services. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such party.
If any provision of this Agreement is judged to be unenforceable, that provision shall be amended to the extent necessary to make it enforceable.
15 APPLICABLE LAW
Dutch law applies to claims for breach of it, regardless of conflict of laws principles.
The Dutch laws apply and the parties hereto submit to the exclusive jurisdiction of the courts located in Amsterdam.