Use of this Service
Changes to This Agreement
Apsalar reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion. Your continued use of all or any part of the Service following the notification of such changes or modifications will be deemed as constituting your immediate acceptance of such changes or modifications.
To register for the Service, you must complete the registration process, including providing Apsalar with current, complete and accurate information, which you agree to keep updated promptly upon any changes thereto. You shall protect your passwords and take full responsibility for your accounts for the Service. You are solely responsible for any and all activities that occur under your account. You agree to notify Apsalar immediately upon learning of any unauthorized use of your account or any other breach of security.
Subject to the terms and conditions of this Agreement, you may remotely access and view the Reports stored at http://apsalar.com.
Tools, API and Documentation. In the course of using the Service, you may make use of or have access to the Tools, API, and documentation provided by Apsalar at http://apsalar.com/documentation/ (“Documentation”). Apsalar hereby grants to you a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to use the Tools via the Service, and to use the API and Documentation. The Documentation may include sample software code. You may use and modify this code, but no right to distribute the sample code is granted.
SDK. Apsalar provides its SDK to you in source code format. Apsalar hereby grants to you a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install, use, and copy Apsalar’s SDK for the purpose of developing and operating your mobile applications. You may include the SDK, in object code format only, in your mobile applications, and distribute your mobile applications that include the SDK. All such distribution must be subject to an end user license that (a) grants only a limited license to use the application on the applicable mobile device, (b) disclaims all warranties and liabilities on behalf of Apsalar, and (c) prohibits decompilation and reverse engineering. Use of an end user license that meets the minimum requirements for end user licenses of the Apple Store (athttp://www.apple.com/legal/itunes/appstore/dev/minterms/) will be deemed to satisfy this requirement.
Any use of any licensed materials other than as specifically authorized herein, without the prior written permission of Apsalar, is strictly prohibited and will be deemed a material breach of this Agreement, in which case the licenses granted herein will terminate immediately and without notice.
Customer References for Free Services. If you use an Apsalar product or Service that Apsalar provides free of charge (i.e. ApScience or ApFeedback), you agree that Apsalar may display your company name, trademarks or logos and app images on Apsalar’s customer reference page or otherwise as necessary to provide the Service.
In addition, you represent and warrant that (a) your mobile application is not directed to children, (b) you do not have actual knowledge that you are collecting personal information directly from users of another website or online service directed at children, and (c) you will immediately notify Apsalar if you become aware that you have collected personal information from children through your mobile application and will identify the applicable information in sufficient detail so that Apsalar can remove it from its files.
You agree to indemnify, hold harmless and defend Apsalar, its parents, subsidiaries, affiliates, officers, agents and employees from and against any and all third party claims and all related losses, expenses, liabilities, costs (including, without limitation, attorneys’ fees and other litigation expenses) or damages incurred by any and all of them arising out of or relating to your use of the Service, breach of this Agreement, violation or infringement of any third party intellectual property or proprietary rights, or fraud, gross negligence or bad faith. Apsalar reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Disclaimer of Warranties and Limitation of Liability
The information and services included in or available through the Service, including the Reports, may include inaccuracies or typographical errors. Apsalar may make improvements and/or changes in the Service at any time, with or without notice. You specifically agree that Apsalar shall not be responsible for unauthorized access to or alteration of the User Data or data from your mobile applications.
Apsalar disclaims any and all warranties, express, implied or statutory regarding the service to the full extent permitted by law. Without limiting the generality of the foregoing, the service is provided “as-is” and without warranties of any kind, including, without limitation, any warranties of performance or implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Further, Apsalar does not make, and has not made, any representation or warranty that service is accurate, complete, reliable, current, error-free, or virus-free or that the operation of the service will be uninterrupted. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.
In no event shall Apsalar, its subsidiaries, affiliates or any of their respective directors, officers, employees or agents, be liable to you or any other person or entity, under any theory, including without limitation negligence, for damages of any kind arising from or related to the Service, including the tools, Software, Documentation, Reports or other services, or any information, content or materials in or accessible through any or all of the foregoing, including, but not limited to, direct, indirect, actual, incidental, punitive, special or consequential damages, lost income, revenue or profits, lost or damaged data, or other commercial or economic loss, that result from your use of, or inability to use, the Services, even if Apsalar has been advised of the possibility of such damages or such damages are foreseeable. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.
In no event shall the total liability of Apsalar or any of the above-referenced persons or entities, under any theory, arising out of or relating to this Agreement exceed $1.00.
Apsalar reserves the right to discontinue offering the Service or to modify the Service at any time in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in this Agreement to the contrary, Apsalar may also, in its sole discretion, terminate or suspend your access to the Service at any time. Upon any termination of this Agreement, Apsalar will cease providing the Service, and you will promptly delete all copies of Apsalar’s tools site code from your mobile applications and certify in writing to Apsalar as to such deletion within two (2) business days of such termination.
The formation, construction and interpretation of this Agreement, and your use of the Service, shall be controlled by the laws of the State of California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A. You hereby irrevocably and unconditionally submit to the personal jurisdiction and exclusive venue of these courts.
Survival; Entire Agreement
No Waiver; Legal Costs
Any waiver of enforcement of any term or condition of this Agreement or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.