Knowledge Base/Analytics API/About

Terms Of Service

Dev
posted this on April 25, 2013 14:47

Welcome to App Annie’s API Terms of Service (the “Terms”). Please read on to learn the rules and restrictions that govern your use of our application programming interface and related information and documentation (collectively, the “API”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@appannie.com

 

These API terms are a binding contract between you and App Annie Limited (“App Annie,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the API.

 

Your downloading, accessing and/or using the API in any way means that you agree to all of the Terms.

 

These Terms include the provisions in these Terms, as well as those in our Privacy Policy (http://www.appannie.com/help/privacy/) and Terms of Use (http://www.appannie.com/help/terms/).

 

What are the basics of using the API?

License.

Subject to these Terms, we grant you a limited, personal, non-sublicensable, non-transferable, royalty-free, non-exclusive license to use the API to build software applications (each an “Application”) that communicate with the App Annie service (the “Service”).

Brands and Logos.

Also subject to these Terms, we grant you a limited, personal, non-sublicensable, non-transferable, royalty-free, non-exclusive license to display our brand, logo and links to appannie.com to promote or advertise your integration of the API in your Application. You may notuse our brand, logo or link in any way that suggests, directly or indirectly, that you or the product/service you are providing is sponsored, approved by, or affiliated in any way with App Annie. We do not grant any rights or licenses except as expressly and unambiguously stated in these Terms.

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. The API is currently made available without charge, but we reserve the right to charge a license fee for the API in the future.

What restrictions apply to you? 

Except as expressly and unambiguously authorized under these Terms, you must never do any of the following:

  1. Access the API with credentials other than your own, or provide a service that provides access to the API where you require App Annie User’s usernames and passwords, or any information derived from an App Annie User’s username and password.

  2. Disclose (or allow access to) the API (or any information derived from it) to any third party.

  3. Charge any fee or other consideration for any part of the API (or information derived from it), any Application, or any related intellectual property;

  4. Copy, distribute, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), attempt to gain restricted access to our system, modify, extend, subset or superset any part of the API;

  5. Use the API to create applications that offer or promote services that may be damaging to, or disparaging of or otherwise detrimental to us or our licensors, licensees, affiliates and partners;

  6. Restrict or inhibit any user from using and enjoying our website, Services or API;

  7. Circumvent or modify any access keys or other security mechanism employed by App Annie or the API; or use the API in violation of any applicable law.

A violation of any of the foregoing is grounds for termination of your right to use or access the API.

What else applies to your use of the API?

Term and Termination

The term of this agreement starts when you first access the API and continues until you stop using the API or we terminate your access to the API, or both. All rights granted to you will end immediately on termination. We may suspend or terminate your use of the API at any time if we believe you have violated these Terms, or for any other reason or no reason. The indemnity and all restrictions on use and disclosure, as well as the “Other Important Terms” section below, will survive termination.

Security.

You agree to limit access to the API (and any derived information) to your employees who are developing the Application and you will apply at least the same security as you use 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 Terms. App Annie reserves the right to monitor your use of the API, impose limits on certain features and services of the API, and to limit and/or suspend your access to and use of the API for any reason or for no reason, without notice or liability.

Indemnity.

You agree to indemnify and hold harmless App Annie, its affiliates, and their respective directors, officers, agents, employees, advertisers and partners, from any and all claims, damages, liabilities, losses, costs and fees (including reasonable attorneys’ fees) arising from or connected with your use of the API and/or your violation of these Terms.

Support.

You understand that we are in no way obligated to provide you with any error correction or support, or otherwise maintain the API. We may, however, provide whatever error correction and/or support services we may determine in our sole discretion (and anything we provide in connection therewith will be deemed part of the API).

Feedback.

You are not required to give us any suggestions, comments or other feedback (“Feedback”), but if you do, you agree that we may use and include any such Feedback to improve our API and Services and/or any other of our products, services or technologies, and that we may freely use, reproduce, license and distribute such Feedback.

Other Important Terms

Warranty Disclaimer.

APP ANNIE PROVIDES THE API "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Choice of Law; Arbitration.

These Terms shall be governed by and construed under 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 these Terms. 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.

Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL APP ANNIE OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE API. APP ANNIE’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THESE TERMS SHALL BE LIMITED TO $100. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF APP ANNIE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous.

These Terms represent the complete agreement between us and you with respect to the subject matter in this document, and they supersede all prior agreements and representations between us. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of App Annie to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. You and App Annie are independent contractors, and nothing in these Terms shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the API, you agree not make any other public statements that assert or imply any other relationship with us, except with our prior written approval. These Terms are personal to you and may not be assigned or transferred for any reason whatsoever without our consent and any action or conduct in violation of the foregoing shall be void and without effect. We expressly reserve the right to assign these Terms and to delegate any of our obligations hereunder.

 
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