N.B.: All use of the Service is subject to acceptance of these Terms and Conditions. By accessing or using the Service, or any content or services provided on the Service, you are agreeing to these Terms and Conditions. If you are entering into these Terms and Conditions on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms and Conditions.
We do not file a copy of the Agreement with you, therefore we ask to have it printed for your personal use. The amendments to these Terms and Conditions shall be introduced in compliance with the regulations hereinafter provided.
You represent and warrant that (I) you are 16 years of age or older, and (II) you have read and understood these Terms and Conditions. If you do not agree, with this Terms and Conditions, do not use, visit, register or otherwise access to this Site.
1. The following Terms and Conditions govern your access to and use of:
2. These Terms and Conditions form an agreement between Apptica Limited, a limited liability company, validly incorporated and existing under the laws of the Republic of Cyprus, under registration number HE 367125 and registered office 25 Martiou, 27, Office 106, Egkomi, 2408, Nicosia, Cyprus ("Apptica", “us”, “we”, “our”) and you (hereinafter referred to as the “Agreement”).
3. The term "you" refers to the natural person or the legal entity visiting the Website, browsing or otherwise using the Website, or communicating with Us. When we refer to “you” or “your,” we are referring to each visitor to Site, whether a free or paid user, and whether or not they ultimately register with the Site (each a “User”).
4. By accessing and using the Website you accept and agree to be bound by and comply with these Terms and Conditions and you confirm that you understand the content of the Agreement in full and that you personally, freely, for your own benefit knowingly and willfully express your consent for concluding it in the form it is presented on the Website with all modifications and amendments that can be introduced to it, and that you were not provided with any additional guarantees, warranties, agreements, contracts, obligations, compensations or any other promises of any kind, except those that are explicitly defined by the Agreement, and that you voluntarily, unconditionally and irrevocably waive any claims, rights and/or means of protection, except those provided by the Agreement.
5. If you do not accept and agree to be bound by the current Terms and Conditions, please do not access the Website or use the Services. If you are accessing the Website or using the Services on behalf of another natural person or a legal entity, you represent and warrant that you have the appropriate authority to bind such person or entity to the current Terms and Conditions.
6. The Website is provided solely (the “Permitted Use”) for Users to provide analytics and insights, to assist you in gathering information, to analyze Apptica‘s rankings and statistical information, obtained from public domain, and to use of other opportunities available on the Website for the legal purposes of Users.
7. Apptica provides Service that includes any and all third party and proprietary computer programs and components thereunto. In order to meet the needs of our users we use a unique and proprietary method to gather, compile, analyze and process a wide range of non-identifiable information about mobile applications and their users through our own resources and software, and those of third parties (“Statistical Information”). Because of the broad nature of the statistical information we gather and the sources we gather it from, while we use reasonable measure to verify the accuracy of such data, we cannot guarantee its accuracy. You use Statistical Information at your sole risk and expense, and our provision of Statistical Information through the Services does not create any representation or warrant on our behalf with regard to any third party’s websites, applications or information provided herein.
8. Apptica is a market data product built from a proprietary, advanced statistical model; it is not a survey or study.
1. As a condition of your use of the Services, you warrant that:
2. Apptica retains the right at its sole discretion to deny access to anyone to the Website or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the current Terms and Conditions. You shall cease and desist from any such access or use immediately upon request by Apptica.
3. Apptica grants you a personal, revocable, non-exclusive and non-transferable limited license during the Term to access and use the Website and the Services in accordance with the current Terms and Conditions.
4. You grant to Apptica a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that:
5. You will be required to successfully sign up for a personal account (the “Personal Account”) and be issued with a Username and Password login in order to use the Website and Services (including paid/subscription services). You agree to provide us with true, accurate, complete, and updated registration information. Failure to do so may result in immediate termination of your account.
6. If you are issued with a Username and Password, you shall keep your them secure and shall not share your Username and Password with anyone else, and you shall not collect or harvest any personal data of any other user of Apptica, including account names. Apptica reserves the right to disable any Personal Account issued to you at any time in Apptica’s sole discretion. If Apptica disables access to a Personal Account issued to you, you may be prevented from accessing Apptica or your account details that are associated with your account.
7. The downloading and viewing of Apptica‘s content is done at your own risk. Apptica cannot and does not guarantee or warrant that the Website or the Apptica‘s Content are compatible with your computer system or that the Website or the Apptica‘s Content, or any links from the Website or the Apptica‘s Content, shall be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Website.
1. Upon the registration and choosing of your username and password you must not disclose them or transfer your rights of use to any third party.
2. The person who entered your username and password on the Website is presumed to be the full-right owner of your Personal account and all transactions made by this person are regarded as valid. Under no circumstances, we bear any responsibility for the losses that occurred as a result of an unauthorized usage or misuse of your registration data. We are under no obligation to store your username and password.
3. You shall not (and will not allow any third party) to directly indirectly rent, lease, distribute, assign, or otherwise transfer of your username and password and use Service for timesharing or service bureau purposes or otherwise for the benefit of a third party.
4. In case of a loss of your username or password, please contact us via firstname.lastname@example.org in order to recover Login or/and Password. Please, note that in mentioned situation Apptica may initiate a security check.
Under no condition, we are responsible for the loss of your username and password through no fault of ours.
5. You may not access the Website from different Personal accounts simultaneously. Also you may not access the Website from different devices under the same Login simultaneously.
2. For the reasons of your personal security, the security of us and our partners Apptica reserves the right to conduct at any time a security check, which includes, but is not limited to, the verification of the information that you provided us with during the registration in order to comply with the Terms and Conditions, as well as with the applicable law.
4. By accepting these Terms and Conditions you undertake to provide all required documents and information. Failure to provide us with such information may lead to our unilateral termination of the Agreement.
5. In case of gross violations of the data protection requirements we reserve the right to block your access to our resources.
1. We strongly disapprove of unfair practices and fraud and fight against any forms of their instances in every possible way.
2. If during an internal investigation we determine an attempt to commit a fraud, including, but not limited to hacker attacks on Website and/or on the Personal account of any Apptica’s partners, execution of unauthorized transactions, including those accomplished by means of stolen credit cards, illegal chargebacks or payment recalls, illegal transactions (e.g. “money laundering”) or in similar cases, we reserve the right to block or terminate your Personal account and recover the damage, incurred by the abovementioned actions, by all legal means, including, but not limited to, withholding the appropriate sum from your Personal account or by bringing a court action.
In compliance with the legislation we are bound to inform the appropriate authorities on the revealed facts of fraud, which may have most negative effects for you.
1. By submitting any content to the Website or Apptica, including any reviews, content, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Apptica and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Apptica may choose, but is not required, to provide attribution of your Submissions at our discretion, and that such submissions may be shared with others. You further grant Apptica the right to pursue at law any person or entity that violates your or Apptica’s rights in the Submissions by a breach of the current Terms and Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
2. Apptica takes no responsibility and assumes no liability for any Submissions posted or submitted by you. Apptica has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Website. If you do not agree to these terms, please do not provide us with any Submissions.
3. You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Website. You acknowledge that Apptica may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
1. All Apptica‘s content, including (without limitation) brand names, trademark and logo, know-how, exclusive, intellectual, copyright, including database, content, domain names are owned or licensed by Apptica and are rigorously protected by law. The rights to any content created by Apptica, including software, graphic images, photographs, animations, video, audio, music, written text as well as to other intellectual property are in the possession of Apptica and may be transferred only on the basis of licensing agreements.
2. Any violation of the above-mentioned rights is subject to legal prosecution.
3. You acknowledge that all right, title and interest in the Website, all materials provided by Apptica in connection with the current Terms and Conditions, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Apptica (or third party suppliers, if applicable), and that the Website and all materials provided by Apptica hereunder are licensed.
4. You agree that Apptica, in its sole discretion and subject to your opt-out rights as described below, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service. You may opt out of granting Apptica the foregoing license, or require that you and Apptica execute a separate license agreement therefore, by providing written notice to Apptica within ten (10) calendar days of the date you enter into these Terms.
5. You may provide suggestions, ideas, inventions, innovations, improvement or enhancement requests, feedback, recommendations, or other information to Apptica regarding the Website and Services, 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. Apptica 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 Apptica, and you hereby transfer and assign all right, title and interest in the Client Feedback exclusively to Apptica and any and all related patent, copyrights, trademarks, trade names and other intellectual property rights.
6. You hereby grant Apptica a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to Apptica to use your name, company name, logo, and App logo (App Icon) in Apptica's marketing and press materials.
1. You may publish data that has been put into the public domain by an authorized party (“Public Data”). Examples of this may exclusively include an application name, icon, app description and public reviews. While you may publish such Public Data you receive from us as ancillary to your own services, you may not receive any compensation for displaying such Public Data you receive from us. You also may not automat the collection of Public Data through our Website or Services (e.g. you may not use bots, scraping, and/or spiders).
2. If the data we provide to you is not Public Data, you shall not publish it unless you have gotten our written permission either directly from Our authorized representative, (“Proprietary Data”). Proprietary Data includes, but is not limited to, our estimates of downloads and revenue or any metrics based on such estimates of downloads or revenue and/or any data related to rankings.
3. Unless you have a separate agreement with Us, you may only use Proprietary Data internally with your officers, directors, employees, and contractors as a means to enhance your own product(s) or service(s). Proprietary Data may not be publicly displayed or shown externally to any other party.
4. When publishing any data you receive through our Website or Services, you must clearly indicate the source as “Apptica”. You must with the exact URL corresponding to each page containing data that you reference. If you cite Apptica data together with other data, you must indicate clearly which data points came from which source.
5. When citing Apptica rankings, you must clearly indicate the full context, including the following, as appropriate: store, geography, time period (including year), category and etc.
6. All rankings must be labeled with the specific day or hour.
1. In accordance of the Applicable legislation the use of the Services does not contravene any law. However, your local legislation may contain any provisions that may prohibit or restrict use of the Services. In such case you are fully aware of your liability for any violation of the active legislation of your country, that restricts the use of the provided Services.
2. You shall never use the Website and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you shall not to:
3. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions. You acknowledge that Apptica may exercise its rights (e.g. use, publish, delete) to use any Submissions without any notice to you.
4. Apptica reserves the right to suspend rendering of the Services and ban your Personal account:
1. The Website may provide links to third party websites or resources that are not own or controlled by Apptica. (“Third Party Material”). Apptica does not endorse the information contained on those Third Party Materials or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked third party site is beyond Apptica's control, and if you choose to access any such web site, you do so entirely at your own risk.
2. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement with such third-party service providers, and Apptica disclaims any liability for personally identifiable information that may be provided to it by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts.
3. We may hire other companies to perform certain business related functions such as processing payments on our behalf. Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and data of birth) for the purpose of making payment through its financial institutions and complying with any laws and regulations. They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party will be confidential and only be used for intended purposes.
1. We may terminate your access to and use of the services, at our sole discretion, at any time and without notice to you. You may cancel your Personal account at any time by sending an email to us. Upon any termination all provisions of the current Terms and Conditions which by their nature should survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
1. The Website and the Apptica‘s content are provided on "as is" basis without warranty or condition of any kind. Use of the Website or Apptica‘s content is at your own risk. Apptica does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Website or Apptica‘s content . The Website and Apptica‘s content may include errors, omissions and inaccuracies, including, without limitation, pricing errors. Apptica does not assume any responsibility for any errors, omissions or inaccuracies in the Website or Apptica‘s content . In addition, Apptica expressly reserves the right to correct any pricing errors on the Website.
2. Any reviews displayed on the Website are intended as only general guidelines, and Apptica does not guarantee the accuracy of the reviews.
3. To the fullest extent permitted by law, Apptica disclaims all warranties, representations and conditions of any kind with respect to the Website and Apptica‘s content whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Website or Apptica‘s content are or will be error-free or will operate without interruption. In no event will Apptica be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Apptica is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the Website or Apptica‘s content.
4. The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
5. You and Apptica agree that any cause of action arising out of or related to the Agreement must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
1. Apptica is exempted from the liability for the failure to properly perform any of its obligations, if the failure was a result of the Force majeure. In such a case Apptica has the right to cancel or suspend the services.
2. Force majeure are external and extraordinary events that take place after the concluding of the Agreement, that prevent Apptica from fulfilling its obligations entirely and/or partially, while their occurrence could not have been foreseen and prevented.
3. The list of Force majeure events includes, but is not limited to:
1. You shall defend, indemnify and hold harmless Apptica and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of: (a) your breach of any of your warranties, representations or obligations under the current Terms and Conditions or any documents referenced herein; (b) your violation of any law or the rights of a third party; (c) your use Website.
1. Notwithstanding anything to the contrary, neither party shall be responsible or liable with respect to any subject matter of the agreement under any contract, negligence, strict liability or other legal or equitable theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or any loss of business, any loss of revenue or profits; (b) for any indirect, exemplary, incidental, punitive, special or consequential damages; (c) for any matter beyond a Party’s reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees actually paid by Customer to Consultant for the Service under the Terms and Conditions or relating to any subject matter thereof in the 12 months prior to the act that gave rise to the liability, even if the party has been advised of the possibility of any of the foregoing types of losses or damages. customer acknowledges that an interruption in service (s) due to circumstances beyond the reasonable control of Consultant, such as a failure of telecommunications or network systems not controlled by Consultant, shall not be considered a service outage or service deficiency for purposes of any remedy provided herein.
2. If some parts of the service become unavailable, and only in such case, you may seek for the refund of amount paid, but only in amount proportional to the amount paid for such unavailable services and to the period of paid subscription when such service became unavailable, but in any case not more than $ 500.
1. Apptica does not provide any refunds unless otherwise unequivocally stated herein. If you choose to cancel your account during your subscription term you will not be refunded in whole or in part.
1. You shall report any errors connected with your Personal account or the financial transactions as soon as you found them. If there is such an error or any disorder in the normal functioning of the website which resulted in any financial operations, we shall endeavor to restore status quo.
2. In case there are insufficient funds in your Personal account we may request you to pay the missing amount. If we discover that this error was made use of with a fraudulent intent. We reserve the right to apply the sanctions, provided by the paragraph Fraud of these Terms and Provisions.
1. Apptica may completely or partially transfer, assign or encumber the rights under the Agreement to a third party without your consent and prior notification, provided that the indicated actions shall not entail the detriment to your condition. You may not assign the rights and obligations under the Agreement to any third party.
1. The current Terms and Conditions and any action related thereto shall be governed by the laws of Cyprus without regard to its conflict of laws provisions. These laws apply to your access to or use of the Website or Apptica‘s content, notwithstanding your domicile, residency or physical location. The Website and Apptica‘s content are intended for use only in jurisdictions where they may lawfully be offered for use. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of the courts located on Cyprus according to the territory jurisdiction of Apptica in all disputes arising out of or relating to the use of the Website or Apptica‘s content.
1. The current Terms and Conditions constitute the entire agreement between Apptica and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Apptica with respect to the Website.
2. If for any reason a court of competent jurisdiction finds any provision of The current Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of The current Terms and Conditions will remain in full force and effect.
3. If any of the provisions contained in The current Terms and Conditions conflict with the terms of another agreement between the parties (such as the terms of a Campaign Agreement in respect of a Campaign), then these The current Terms and Conditions shall prevail.
4. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English.
5. Except where prohibited by applicable law, Apptica reserves the right to change the current Terms and Conditions at any time. If we introduce amendments to the Agreement we shall notify you by publishing the new version of the Agreement on the Website.
6. The new version of the Agreement comes into force upon the expiry of 5 days after the date it was published on the Website. If you disapprove of the new version of the Agreement you have the right to terminate your Agreement. If you continue to use the Services after the publication of the new version on the Website you hereby express your consent to comply with it since the date of its publication.
7. You undertake to familiarize yourself with the Agreement and the amendments introduced to it every time before you use Services.
8. In case of discrepancies between the Terms and Conditions and any other document, comprising the Agreement, the Terms and Conditions shall prevail.
10. The original text is composed in English and may be translated into other languages solely for the information purpose. If there are any discrepancies between the versions in other languages and the English version of the Terms and Conditions, the English version shall prevail.
Date of Last Update. This Agreement was last updated on December 18, 2018.