By using and accessing this website, appcicada.com (collectively referred to as the "Site", the "Software", or "Appcicada"
in these Terms of Service), you ("you", "user", "client" or, "end user") agree to these Terms of Service. You also agree
and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms
of Service", "TOS" or "Agreement".
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
Definitions: The terms below have the following meanings:
- "Affiliate" means any person or entity which, directly or indirectly, controls, is controlled by, or is under common control with, such person or entity.
- "Apps" means the mobile applications you analyze using the Software.
- "Authorized Users" means, and is expressly limited to, the employees of yours who have agreed to the Appcicada Terms of Service ("TOS").
- "Client Data" means information or other data provided by you to Appcicada through the Software, including user account information and report queries.
- "Connected Accounts" means your iTunes Connect or Google Play developer accounts, or other similar accounts from other App distributors or marketplaces (each, a "Connected Account") which you may optionally choose to conect with the software.
- "Software Data" means any digital media, software links, or numerical data accessed by you from the Software or from its related services, including but not limited to data accessed via the Software's file export features, email notification services, web application interface (API), or via manual copying and pasting from the Software's user interface.
You hereby certify that you are at least 18 years of age and, if you are agreeing to these Terms of Service on behalf of a corporation or entity, that you are duly authorized to bind such corporation or entity and provide the Client Data contemplated herein. In addition, you agree that:
- You will not attempt to use the Software with crawlers, robots, data mining or extraction tools or any other functionality;
- Your use of the Software will at all times comply with these Terms of Service; and
- You have the right to provide any and all information you submit to the Software, and the information and all such information is accurate, true, current and complete.
You will update and correct information you have submitted to the Software and ensure that it is accurate at all times (out-of-date information will invalidate your account).
You acknowledge and agree that all content and information on the Site is protected by proprietary rights and laws.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and do not imply endorsement of, or association with, the party by Appcicada.
Modifications to this Agreement
Appcicada may update this Agreement from time-to-time and may amend it at any time to incorporate additional rules, policies, procedures and other instructions concerning access to, and use of, the Software or additional features, materials, products, opportunities, or services that Appcicada may make available on or through the Software. All such updates and amendments are effective immediately.
Termination of Use
Appcicada shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason. Appcicada shall not be liable for any failure to provide access to or use of the Software during any such suspension.
Limitations on Copying
You shall not, and shall not allow any of your Authorized Users or any other third party to, copy, download, or reproduce the Software.
Limitations on Third Party Use
Only you are permitted to access or use the Software. You shall not license, sublicense, sell, resell, market, lease, loan, rent, transfer, assign, distribute, disclose, or make accessible to any third party, or allow any third party to analyze or optimize mobile applications using the Software, or otherwise commercially exploit the Software or grant any right to access or use the Software to any third party.
Limitations on Reverse Engineering and Modification
You shall not: (a) modify or improve the Software or make derivative works based upon the Software; (b) decompile, disassemble, or reverse engineer any object code that is part of the Software or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein; (c) create Internet "links" to the Software or "frame" or "mirror" any content on any other server or wireless or Internet-based device; (d) enter into time-sharing or data processing service arrangements involving use of Software with any third party; (e) remove any product identification, trademark, copyright, patent, or other notices or markings contained in, displayed by, or provided with the Software; or (f) access or use the Software in order to build any software, product, or service that is competitive or similar to the Software or any portion thereof.
Limitations on Use
You shall not: (a) submit Client Data or any other material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (b) interfere with, impede, or disrupt the integrity or performance of the Software or the data contained therein or part thereof; (c) attempt to gain unauthorized access to the Software or its related systems or networks; (d) access, use, or copy any portion of the Software, through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms; (e) create any denial of service with respect to the Software; (f) falsify the origin of your communications, or attempt to do any of the foregoing; or (g) use the Software for any illegal or injurious purpose.
Please be advised that Appcicada may monitor your use of and access to the Software to ensure compliance with this Agreement and any other applicable rules, policies, deadlines and instructions. By using the Software, you expressly consent to such monitoring. If such monitoring reveals possible unauthorized use of the Software, Appcicada may, among other things, suspend or terminate your access to the Software.
Compliance with Laws
You are responsible for all activity occurring under any Authorized User Accounts and you shall abide by all applicable local, state, federal and foreign laws, treaties and regulations in connection with your access to and use of the Software, including those laws related to data privacy, and the transmission of technical or personal data. You shall not use the Software for any unlawful purpose, and you will not export, directly or indirectly, the Software to any country for which the United States requires any export license or other governmental approval without first obtaining such license or approval.
Reliance on Software
The Software permits you to analyze Software Data and prepare various analyses and reports comprised of your Software Data or based on your analysis of Software Data. You, not Appcicada, are responsible for creating each analysis, analyzing the Software Data contained in each analysis, and in determining how to use your analysis. APPCICADA MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS OR CONTENTS OF ANY REPORTS OR OTHER OUTPUT GENERATED USING THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT ITS USE AND RELIANCE ON REPORTS GENERATED USING THE SOFTWARE IS AT YOUR OWN RISK.
To access and use certain features, functions and services in the Software, you must have an account ("Authorized User
Account"). You may only create an Authorized User Account as set forth in the License Fees section; you may, for an
additional fee, add extra Authorized User Accounts. You may only register for one Authorized User Account. In consideration
of your access to, and use of, the features, functions and services in the Software, you will (a) provide accurate,
current and complete information as may be prompted by any registration forms in the Software ("Registration Data");
(b) maintain the security of your user identification and password (collectively, "Login Information"); (c) maintain
and promptly update the Registration Data, and any other information you provide to Appcicada through the Software;
(d) promptly advise Appcicada whenever there is a change to your contact information or any other information in your
account; (e) receive communications from Appcicada electronically; and (f) be fully responsible for all use of your
Authorized User Account and for any actions that take place using such account and any applicable Login Information.
You represent and agree that all information you provide to Appcicada in connection with its access to and use of the Software is, and shall be, true, accurate and complete to the best of your knowledge, ability and belief. Appcicada reserves the right to terminate these Terms, or to refuse, restrict, or discontinue your access to the Software (or any portions, components, modules, or features of the Software) for any reason, or for no reason whatsoever, at any time, without notice or liability.
License to Appcicada for Client Data
You grant Appcicada a non-exclusive, world-wide, perpetual, royalty-free, irrevocable, sublicensable and transferable license to use the Client Data for purposes of performing the services set forth in this Agreement. You will be responsible for obtaining all rights, permissions, and authorizations to provide the Client Data to Appcicada for use as contemplated under this Agreement. You agree to indemnify Appcicada for any third party claims, demands or losses arising as a result of your failure to obtain all such necessary rights, permissions and authorizations.
License to Appcicada for Connected Account Data
You have the option to connect your iTunes Connect and Google Play Developer accounts (or other similar accounts from other App distributors or marketplaces) with the Software, in order to use the Software to analyze the information about your Apps stored in the Connected Account. By doing so, you understand and agree that Appcicada will receive certain information about you and your Apps from the Connected Account. ("Connected Account Data"). Notwithstanding anything to the contrary herein, you hereby grant Appcicada (and our successors and assigns) a non-exclusive, world-wide, perpetual, royalty-free, irrevocable, sublicensable and transferable license to use your Connected Account Data to produce anonymized data for the purpose of (i) further developing and optimizing the Software, (ii) the development and sale of new products, and (iii) expanding the features and functionality of existing products.
Consistent with Appcicada's then current practices and procedures, Appcicada will maintain and enforce administrative, technical, and physical safeguards to reasonably protect the confidentiality, availability, and integrity of your Client Data.
The Software contains material that is protected by intellectual property laws, including copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to you under this Agreement are expressly reserved by Appcicada and its licensors. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Software shall remain the sole and exclusive property of Appcicada or its licensors, as applicable, and this Agreement grants you no title or rights of ownership in the Software or any subsets or components thereof.
You or any Authorized User may provide suggestions, ideas, inventions, innovations, improvement or enhancement requests, feedback, recommendations, or other information to Appcicada regarding the Software, in whatever form, whether or not patentable or copyrightable or made or conceived solely or jointly with others (collectively, "Client Feedback"). Such Client Feedback is voluntary. Appcicada may use Client Feedback for any purpose without obligation of any kind, and you acknowledge and agree that such Client Feedback shall become the sole property of Appcicada, and you hereby transfer and assign all right, title and interest in the Client Feedback exclusively to Appcicada and any and all related patent, copyrights, trademarks, trade names and other intellectual property rights and applications therefor, in the United States and elsewhere else.
You agree to indemnify and hold harmless Appcicada and Appcicada's officers, directors, employees, agents and licensors from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of, or in connection with any claim brought by any third party in connection with or arising out of (a) your access to and use of the Software, (b) the Client Data (including the Apps and data from Connected Accounts), or (c) your violation of this Agreement or your violation of any rights of another. Appcicada reserves, and you grant to Appcicada, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification that are set forth herein shall survive termination of this Agreement.
You hereby grant Appcicada a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to Appcicada to use your name, company name, logo, and App logo (App Icon) in Appcicada's marketing and press materials.
Notwithstanding anything to the contrary, this Agreement shall be non-exclusive in nature, and nothing in this Agreement shall be construed as preventing Appcicada from performing the same or similar services (or products resulting from such services) for other third parties or for itself and its affiliates.
Other Applicable Terms
Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
Appcicada reserves the right to terminate your or any third-party's right to use the Software if such use infringes the
copyrights of another. Appcicada may, under appropriate circumstances and at its discretion, terminate your or any third-party's
right to access to the Software, if Appcicada determines that you or a third-party is a repeat infringer. If you believe
that any material has been posted via the Software by any third-party in a way that constitutes copyright infringement,
and you would like to bring it to Appcicada's attention, you must provide Appcicada's DMCA Agent identified below with
the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Software of the
allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized
by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address;
and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that
you are the copyright owner or authorized to act on the copyright owner's behalf.
The contact information for Appcicada's DMCA Agent for notice of claims of copyright infringement is: Appcicada, Inc. Attn: Copyright Agent, 275 Battery St, Ste 800, San Francisco, California, 94111, email: email@example.com.
THE SOFTWARE AND ALL SOFTWARE DATA IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. APPCICADA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, TITLE/NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. APPCICADA DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, MARKETING OR PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY APPCICADA OR APPCICADA'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES PROVIDED HEREIN. YOU EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF THE SOFTWARE AND ALL SOFTWARE DATA HEREUNDER IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL APPCICADA OR ITS LICENSORS, BE LIABLE TO YOU, OR YOUR AUTHORIZED USERS, OR ANY THIRD PARTY FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SOFTWARE, ANY SERVICES RENDERED HEREUNDER, OR THIS AGREEMENT, EVEN IF APPCICADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF APPCICADA TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You may not assign this Agreement, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of Appcicada. Any attempted assignment that does not comply with this Agreement shall be null and void. Appcicada may assign this Agreement, in whole or in part, to any third-party in its sole discretion.
The validity, construction and performance of this Agreement and the legal relations among the parties to this Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law applicable to choice of law.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You and Appcicada agree that any cause of
action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. 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. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Software is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
If any part of this provision is ruled to be unenforceable, then the balance of this provision shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.
No waiver by either you or Appcicada of any breach or default or failure to exercise any right allowed under this Agreement
is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights
under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect.
If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect
the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement
shall continue in full force and effect.
You are contracting with Appcicada, Inc. Correspondence should be directed to: Appcicada, 275 Battery Street, Suite 800, San Francisco, California, 94111.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The provisions of this Agreement apply equally to and are for the benefit of Appcicada, its subsidiaries, affiliates and licensors, and each shall have the right to assert and enforce such provisions directly.
Date of Last Update
This Agreement was last updated on May 12, 2016.