App Annie (the "Service") is a product/service of App Annie Limited (“App Annie”). The Service includes www.appannie.com (the “Site”) and any or all of its components. By using the Service, you (the “User”) are agreeing to be bound by the following terms and conditions (“Terms”). Failure to use the Service in accordance with the Terms may subject you to severe civil and criminal penalties. These terms and policies are in effect throughout the full duration of your use of the Site and Service. You are responsible for regularly reviewing these Terms. Please review them carefully.

DEFINITIONS

“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.

“Collected Data”: data collected by us by either connecting to the Sources on behalf of our users or accessing direct uploads from our users to our Site. Collected Data does not include public data already directly available via the Sources.

“Source Account Information”: your user login and password information for access to your data from a specific Source.

“Sources”: online third-party data web sites. This includes without limitation Apple iTunes Connect, Google Android Market and other app Stores, digital distribution, analytics and advertising platforms.

ELIGIBILITY

To use the Site or Service, you must:

Any failure to comply with eligibility might result in your immediate disconnection and cancellation of the Service.

USE OF SERVICE

In connection with your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

ACCOUNT SECURITY AND PASSWORD

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.

PRIVACY POLICY

See our separate privacy policy for more details.

INTELLECTUAL PROPERTY

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service, excluding those belonging to any third party, are our sole property. Unauthorized use of any materials contained on this Site 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 Site, Service, code, or third-party content without the prior express written consent from us or from the respective owner of said material.

RIGHTS YOU GRANT US

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 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. For purposes of these Terms and solely to provide the Collected Data to you as part of App Annie Analytics, you grant us a limited power of attorney, and appoint us as your attorney in-fact and agent, to access Sources, retrieve and use your Collected Data with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING SOURCE ACCOUNT INFORMATION, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY.

You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.

DISCLAIMER OF WARRANTY

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.

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.

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 analytical data at all times.

Features of the Service contingent on any Sources are therefore also not guaranteed to be always available.

LIMITATION OF LIABILITY

You exclude us from all liability for damages related to or arising out of the use of this Site or Service. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. 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

We are not liable for the content of any applications that we display as part of our Service in the same way that are displayed by you (“Content”). You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liability, costs and expenses (including attorney’s fees) arising from the Content.

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.

INDEMNIFICATION

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 use of or conduct with the Service.

FORCE MAJEURE

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.

GOVERNING LAW AND JURISDICTION

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. 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 and shall be subject to the exclusive jurisdiction of Hong Kong Courts.

MISCELLANEOUS

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 thereunder, and any attempt to do so is void.

We reserve the 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).

MODIFICATIONS

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.

QUESTIONS

If you have any questions or concerns regarding anything in these Terms, please contact us. Our address is as follows:

App Annie Limited
Room 2002-3, 20th Floor,
Wah Hing Commercial Building,
283 Lockhart Road,
Wanchai, Hong Kong