By using and accessing this website, sensortower.com (collectively referred to as the "Site" or "SensorTower" in these Terms of Service), you ("you", "user", "client" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service", "TOS" or "Agreement").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
"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 SensorTower Terms of Service ("TOS").
"Client Data" means information or other data provided by you to SensorTower through the Software, including user account information and report queries.
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 does not imply endorsement of, or association with, the party by SensorTower.
Modifications to this Agreement.
SensorTower 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 SensorTower may make available on or through the Software. All such updates and amendments are effective immediately.
Termination of Use.
SensorTower 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. SensorTower 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 its 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 SensorTower 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 consents to such monitoring. If such monitoring reveals possible unauthorized use of the Software, SensorTower 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 Client’s 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 Client Data (including Apps) and prepare various analyses and reports comprised of Client Data or based on your analysis of Client Data. You, not SensorTower, is responsible for creating each analysis, analyzing the Client Data contained in each analysis, and in determining how to use the analysis in improving or modifying Client Data (including any App). SENSORTOWER MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS OR CONTENTS OF ANY REPORTS OR OTHER OUTPUT GENERATED USING THE SOFTWARE. YOU ACKNOWLEDGES AND AGREES 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 (a "Authorized User Account"). You may only create an Authorized User Accounts 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 SensorTower through the Software; (d) promptly advise SensorTower whenever there is a change to his or her contact information or any other information in your account; (e) receive communications from SensorTower 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 represents and agrees that all information it provides to SensorTower 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. SensorTower 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 SensorTower.
You grant SensorTower a non-exclusive, world-wide, royalty-free license to use the Apps, data and other information input by you into the Software or otherwise provided to SensorTower for purposes of performing the services set forth in this Agreement (the "Client Data"). You will be responsible for obtaining all rights, permissions, and authorizations to provide the Client Data to SensorTower for use as contemplated under this Agreement.
iTunes Connect Data.
You have the option to connect its iTunes Connect account, or other similar account from another App distributor or marketplace, (each, a "Connected Account") with the Software in order to use the Software to analyze the information about its Apps stored in the Connected Account. By doing so, you understands and agree that SensorTower will receive certain information about you and your Apps you from the Connected Account. Information that you provide to SensorTower or the Software through each Connected Account is Client Data for the purposes of this Agreement.
Notwithstanding anything to the contrary herein, you hereby grant SensorTower a non-exclusive, perpetual, royalty free license to use Aggregate Data for the purpose of further developing and optimizing the Software, including through the development of new and/or expanded features and functionality. For the purposes of this Section, "Aggregate Data" means Customer Data that is combined with other similar data of other customers. Aggregate Data shall not include (directly or by inference) any information identifying the you or any identifiable customer or individual or organization.
Consistent with SensorTower’s then current practices and procedures, SensorTower 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 United States 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 SensorTower 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 SensorTower 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 SensorTower 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. SensorTower may use Client Feedback for any purpose without obligation of any kind, and Client acknowledges and agrees that such Client Feedback shall become the sole property of SensorTower, and you hereby transfer and assign all right, title and interest in the Client Feedback exclusively to SensorTower 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 SensorTower and SensorTower’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 its violation of any rights or another. SensorTower reserves, and you grant to SensorTower, 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.
SensorTower shall have the right to include your name, company name, logo, App logo (App Icon) in SensorTower’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 SensorTower 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.
THE SOFTWARE IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. SENSORTOWER 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. SENSORTOWER 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 SENSORTOWER OR SENSORTOWER’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 HEREUNDER IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL SENSORTOWER OR ITS LICENSORS, BE LIABLE TO YOU, OR ITS 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 SENSORTOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SENSORTOWER 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.
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. The parties hereby submit to the jurisdiction of the federal and state courts in the United States of America. If any provision of this Agreement or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect.
Date of Last Update.
This agreement was last updated on July 19, 2013.
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