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) (collectively, the “Services”). These legal terms are important; please read these terms of service carefully (“Terms”) 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 the Site, whether a free or paid user, and whether or not such visitor ultimately registers with the Site (each a “User ”). By using and accessing the Services, you agree to be bound by these Terms and any other policies and guidelines we provide from time to time (“Terms”). You may not access or use the Services or accept the terms if you are not at least 18 years old. If you do not agree to all of the terms and conditions in these Terms, you may not use the Services. Please feel free to print a copy of these Terms for your records.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Apptopia reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time. Any changes or modification will be effective immediately upon posting of the revisions on the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. These Terms operate alongside our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge and agree that you have read our Privacy Policy before accepting these Terms.

In order to fully access and use the Services (including paid/subscription services ), you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

We collect, aggregate, analyze and process a wide range of non-personally identifiable 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 of the sources we gather it from, while we use reasonable measure to verify the accuracy of such data, we cannot guarantee its accuracy. WE PROVIDE ALL STATISTICAL INFORMATION “AS IS.” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

By using the Services, you agree to all of the following:

• you will abide by our Data Usage Policy and, specifically, you will not share information provided by the Site and Services except as permitted therein;
• you will not violate any applicable law or regulation;
• you will not use the Services for any purposes other than the purpose expressly allowed by us herein;
• you will not modify, adapt, translate or create derivative works based upon the Services;
• you will not rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Services;
• you will not attempt to gain unauthorized access to any part of the Services or to any of our computer systems or networks;
• you will not circumvent or manipulate our fee structure, billing process, or fees owed to us;
• you will not post false, inaccurate, misleading, defamatory, or libelous content (including personally identifiable information);
• you will not infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights;
• you will not 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;
• you will not use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without our express written permission;
• you will not distribute or post spam, unsolicited, or bulk electronic communications, or pyramid schemes;
• you will not claim that Apptopia is endorsing or supporting your business, product or service without our prior written approval;
• you will not use the Services in order to provide similar services to any third party or for competing with our Service.

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. 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. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.

Feedback. If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Apptopia all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. Apptopia will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Apptopia any information or ideas that you consider to be confidential or proprietary.

In the course of using the Services, you may submit to us or we may gather on your behalf data, information or material (“User Data”) from your third-party accounts (“Developer Accounts”) at third-party sites (“Third-Party Sites”), including but not limited to developer accounts on iTunes, Google Play, Amazon App Store, ad network accounts, and others that the Services may allow you to connect to, that store such User Data.

As between us, you will own all right, title and interest (including all intellectual property and other proprietary rights) in and to the User Data. You represent and warrant to us that you own all right, title and interest, or possess sufficient license rights, in and to the User Data as may be necessary to permit the use contemplated under this Agreement.

You grant us a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable worldwide right and license to access, use, copy, store and create derivative works of the User Data, for the following purposes: (i) to provide the Services to you and to other Users; (ii) for our internal purposes to improve and expand the Services; and (iii) to aggregate your User Data with data from other users in a non-identifiable format (the “Aggregated Data”).

You further agree that we will own all right, title and interest to the Aggregated Data and any derivative works thereof, and that we may use and disclose such Aggregated Data for our business purposes in any manner in our sole discretion.

By submitting passwords, usernames, PINs and other Developer Accounts log-in information (“Developer Account Information”) to Apptopia, you are licensing that content to Apptopia for the purpose of providing the Services. You hereby authorize and permit Apptopia to use and store the Developer Account Information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the Third-Party Sites for which you submit your information.

You authorize Apptopia and its agents to access the Developer Accounts designated by you, on your behalf, to retrieve and use User Data. You grant Apptopia and its agents a limited power of attorney, and you hereby appoint Apptopia and its agents as your true and lawful attorney-in fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Developer Accounts, retrieve User Data and use such User Data, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN APPTOPIA OR ITS AGENTS ACCESS AND RETRIEVE USER DATA FROM THE DEVELOPER ACCOUNTS, APPTOPIA AND ITS AGENTS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD-PARTY SITES. You agree that the Third-Party Sites shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.

When using the Service to access account information in connection with your Third Party Accounts at Third-Party Sites, you will be subject to the terms and conditions of those Third-Party Sites. You acknowledge that Apptopia is not responsible for third-party terms of service and does control those Third-Party sites or any products and services available through them.

All content that Apptopia provides through the Services is 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, the 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., 132 Lincoln St, 3rd Floor, Boston, MA 02111. You may also email this information to us at copyright@apptopia.com

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.

The Services may provide, or Users may provide, links to sites or resources that are not owned or controlled by Apptopia (collectively, the “Third Party Services”). Because we have no control over such Third Party Services, you acknowledge and agree that we are not responsible for the availability of such Third Party Services, and do not endorse and are not responsible or liable for any Third Party Services, advertising, products, or other materials on or available from such Third Party Services. 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 Services, goods or services available on or through any such Third Party Services. ACCESS TO AND USE OF THIRD PARTY SERVICES, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK.

You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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.

THE SERVICES 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. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

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.

These Terms and all matters arising out of these Terms shall be construed and enforced exclusively in accordance with the laws of the Commonwealth of Massachusetts without regard to choice of law provisions.

Arbitration Agreement. 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.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under the Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

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 April 16, 2018.