Apptopia Terms of Service
Welcome to Apptopia! Apptopia is owned and operated by Apptopia, Inc. (“Apptopia,” “we,” “us,” or “our”). Apptopia provides analytics and insights for Users via our website www.apptopia.com, its associated sub-pages, our mobile applications (“Applications”) (collectively, the “Site”), and any application programming interfaces (APIs) (the “Services”). These legal terms are important; please read these terms of service carefully (“Terms of Service”) as they apply to your access and use of the Services. When we refer to “you” or “your,” we are referring to each visitor to Site, whether a free or paid user, and whether or not they ultimately register with the Site (each a “User”). By using and accessing the Services, you agree to be bound by these Terms of Service and any other policies and guidelines we provide from time to time (“Terms”). You also hereby certify to us that you are at least 18 years of age and that 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. If you do not agree to all of the terms and conditions in these Terms of Service, you may not use the Services. Please feel free to print a copy of these Terms of Service for your records.
In order to fully access and use the Services (including paid/subscription services), you will need to register with the Site, including choosing a username and password. You agree to provide us with true, 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. We reserve the right to refuse or cancel your registration for any reason and in our sole discretion. You shall be responsible for maintaining the confidentiality of your username and password, 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.
We collect, aggregate, analyze and process a wide range of non-identifiable information about mobile applications and their users through our own resources and software, and those of third parties (“Statistical Information”). Because of the broad nature of the Statistical Information we gather and the sources we gather it from, while we use reasonable measure to verify the accuracy of such data, we cannot guarantee its accuracy. You use Statistical Information at your sole risk and expense, and our provision of Statistical Information through the Services does not create any representation or warrant on our behalf with regard to such third party’s websites or information provided therein.
Use of Services
By using the Services, you agree that you will not:
- Abide by our Data Usage Terms, specifically, that you will not share information provided by the Site and Services only as permitted therein (i.e. NOT publicly);
- violate any law or regulation, or any order of a court;
- use the Services for any purposes other than the purpose expressly allowed by us herein;
- Modify, adapt, translate or create derivative works based upon the Services;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Services;
- attempt to gain unauthorized access to any part of the Services or to any of our computer systems or networks;
- Circumvent or manipulate our fee structure, billing process, or fees owed to us;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- 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 our express written permission;
- Distribute or post spam, unsolicited, or bulk electronic communications, or pyramid schemes;
- claim that Apptopia is endorsing or supporting your business, product or service without our prior written approval;
- use the Services in order to provide similar services to any third party or for competing with our Service.
We reserve the right to refuse service to anyone, for any reason, at any time, or to cancel any inactive accounts.
Parts of the Site and Services may permit you to post information and content, including but not limited to text (e.g. posts or comments in public forums or blogs), artwork/images, video and audio content, which may be used by us in connection with the Services and/or visible to other Users (“User Content”). By posting such User Content, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use such User Content (including all related intellectual property rights) in connection with the Services and our 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 Content through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content 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. Please note these licenses do not affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Content, unless otherwise agreed in writing.
We reserve the right to remove any User Content from the Services at any time, for any reason. You, not us, remain solely responsible for all User Content 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.
Copyright, Trademark, and Other Intellectual Property
All content Apptopia provided in the Services are the intellectual property and copyrighted work of Apptopia or third-party authors (collectively, “Apptopia Content”). The arrangement and compilation of all content and data on the Site and in the Services are Apptopia’s property and protected by copyright and other intellectual property laws. All rights not expressly granted with respect to the Services and Content are hereby reserved. Apptopia may modify (or cease providing) the Services or Content at any time in Apptopia’s sole discretion.
Content owned by third parties (including, without limitation, logos or trademarks) shall not be used by you for any purpose. Our trademarks and service marks may not be used by you without our consent. All other trademarks and service marks not own by us are the property of their respective owners. Notwithstanding the foregoing, by using the Services as a paying/subscribing User, you authorize Apptopia to potentially list your company, your User Content, or your intellectual property (including but not limited to your logos or trademarks) for promotional purposes.
Unauthorized use of Apptopia Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. 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, Apptopia Content, or code without prior written consent from us or, upon our direction, from the respective owner of said material.
We take the intellectual property rights of our Users seriously and have procedures regarding allegations of copyright infringement occurring on the Site or with the Services. As required under the Digital Millennium Copyright Act (the “DMCA”), we have adopted a policy that provides for the immediate suspension and/or termination of any User who is found to have infringed our rights or the rights of a third party, or otherwise violated any intellectual laws or regulations. Our policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Apptopia to delete, edit, or disable the material in question, you must provide us with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit Apptopia to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The above written information must be sent to our registered Copyright Agent: Copyright Agent c/o Apptopia, Inc., 745 Atlantic Ave, 8th Fl, Boston, MA 02111. You may also email this information to us at firstname.lastname@example.org
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a written counter-notice containing the following information to us: (1) Your physical or electronic signature; (2) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Suffolk County, Massachusetts, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If Apptopia receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content 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 Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Apptopia’s sole discretion.
Third Party Services
The Services may provide, or Users may provide, links to sites or resources that are not own or controlled by Apptopia ("Third Party Material"). Because we have no control over such Third Party Material, you acknowledge and agree that we are not responsible for the availability of such Third Party Material, and do not endorse and are not responsible or liable for any Third Party Material, advertising, products, or other materials on or available from such Third Party Material. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Material, goods or services available on or through any such Third Party Material. ACCESS AND USE OF THIRD PARTY MATERIALS, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
By connecting any third party accounts, including but not limited to developer accounts on iTunes, Google Play, Amazon App Store, ad network accounts, and others that the Site may allow you to connect, you allow us to receive any and all data that you receive through such third party accounts. It is hereby clarified that in case you remove this connection to any such third party accounts, we will be able to use all such data that you received through that account prior to its removal. If you don’t agree, do not connect such third party accounts.
You agree to indemnify and to hold harmless Apptopia 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 Use
Apptopia may, in its sole discretion, discontinue or limit your access to any part (or all) of the Services at any time. You agree that Apptopia shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Services.
Apptopia does not provide refunds. If you choose to cancel your account during your subscription term you will not be refunded in whole or in part. If you choose to downgrade your subscription level during your subscription term, you will not receive a cash refund at any time.
Disclaimers and Limitation of Liabilty
THE SITES, SERVICES, CONTENT, AND ANY THIRD-PARTY SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPTOPIA 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. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
IN NO EVENT SHALL WE 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, APPTOPIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL APPTOPIA’S CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT PAID TO APPTOPIA BY A USER FOR THE USE OF THE SERVICES.
Governing Law and Venue
These Terms and all matters arising out of these Terms shall be construed and enforced exclusively in accordance with Delaware 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 Suffolk County, Massachusetts, 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.
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. Apptopia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Apptopia’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. 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. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. Apptopia may transfer, assign or delegate these Terms and its rights and obligations without consent. These Terms are the entire statement of the terms that govern your use of the Services.
APPTOPIA MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME IN OUR SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AFTER APPTOPIA POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS.
Last Updated May 28, 2015.