This is an agreement between AppVirality Inc (“AppVirality” or “We”) the owner and operator of the website www.appvirality.com (the “AppVirality site”), the AppVirality service and software (collectively, including the services, source code, API libraries, SDK, documentation, web dashboard and applications, henceforth referred to as “AppVirality” or “Service”) and you (“User” or “You”), a user of AppVirality. In case of individuals representing organizations, the term User shall include the individual and the organization they represent. “Subscribers” are Users who pay subscription fees to AppVirality Inc for use of AppVirality. “Apps” or “Applications” refer to application software running on mobile devices (such as apps on iOS or Android or Windows devices) that are created by the User or Users’ organizations. In case AppVirality is acquired or is merged with any other entity, all clauses of this agreement will be deemed valid between the User and the new entity or acquiring entity, thereby also transferring all rights held by AppVirality to the new entity.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN DO NOT CHOOSE THE “LOGIN”, “SIGN UP”, “ACCEPT”, OR “AGREE” BUTTON OR ANY SIMILAR BUTTON OR LINK AND DO NOT USE THE AppVirality Service, and AppVirality Inc is unwilling to provide you rights to use the product.
THE SERVICE AND THE SITE ARE AVAILABLE FOR COMPANIES AND INDIVIDUALS AGED 13 OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTANDS AND ACCEPTS THESE TERMS. BY ACCEPTING THESE TERMS YOU REPRESENT THAT YOU ARE NOT UNDER THE AGE OF 13.
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ALSO REPRESENT THAT YOU ARE NOT INCAPACITATED OR PROHIBITED BY LAW/COURT ORDERS/STATUTES APPLICABLE TO YOU FROM ENTERING INTO AN AGREEMENT OF THIS NATURE OR FROM USING THESE SERVICES.
WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT AND NO SOLICITATION OF OR ANY SUCH WRITTEN APPROVAL BY OR ON BEHALF OF APPVIRALITY SHALL BE CONSTRUED AS AN INFERENCE TO THE CONTRARY. IF THESE TERMS ARE CONSIDERED AN OFFER BY APPVIRALITY INC, USER’S ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Obtaining Access to AppVirality: You may obtain access to AppVirality only via our website www.appvirality.com. You shall not download the AppVirality API library files, documentation or source files from any other sites except where distributed explicitly by AppVirality Inc. Your use of AppVirality is illegal if you have obtained access via an individual or entity where AppVirality Inc has not explicitly permitted sale, download or distribution of the product.
- The Service, Usage Purposes & Restrictions
- The AppVirality site and service allows Users (who could potentially be application developers and businesses or indivuduals providing Apps to others) to identify and implement growth hacking techniques (this is different from AppVirality Users - this refers to users of services or software provided by AppVirality Users).
- Users can make use of the AppVirality service in order to run in-app referral programs or other marketing campaigns provided by AppVirality service or software.
- AppVirality grants you a limited, non-transferable, non-assignable license to use AppVirality for your Apps. AppVirality reserves all other rights related to the service that have not been expressly licensed to you. You hereby acknowledge that no right, title, interest in the nature of or ownership in AppVirality being transferred or assigned, except the license as aforesaid, and this AGREEMENT is not to be construed as a sale of any rights in AppVirality.
- You represent that you shall not directly or indirectly, aid or attempt to (i) crack, hack, reverse-engineer, decompile, disassemble, decrypt, duplicate, copy, replicate the software or content/files associated with it, attempt to derive source code or structure, (ii) modify, derive from the software, (iii) remove copyright notices or other notices or logos, (iv) use design or copy or images from the service without explicit written permission from AppVirality Inc, (v) use the service or its components for any purpose other than for intended use, (vi) violate other users’ privacy, (vii) circumvent any security measures, (viii) impersonate others or use the service for harassing or any illegal activities (ix) damage your own or other users’ services in any manner, (x) gain illegal or unauthorized access to content, software, services, networks or systems or (xi) disrupt or damage computer systems, networks, software or data associated with AppVirality Inc.
- You represent and agree that you shall not to use any automated systems or tools that may lead to using the service in a manner that generates more events or requests than could be generated by a human in the same time.
- You are free to advertise this software to others through legal channels (sharing information on the service or link to the site via blogs, websites, twitter, etc.).
- AppVirality may modify, suspend or terminate the service offered at any point in time at its sole discretion. AppVirality may also impose restrictions on usage, or usage limits on certain features at its sole discretion.
- You unconditionally acknowledge and agree that AppVirality is the owner of the software/product, and all copyrights and all other rights in the nature of copyright and other common law rights solely and exclusively vest in AppVirality, and you shall not infringe the same in any manner, directly or indirectly, and shall not cause to be infringed by third parties by any of your acts. You shall not, at any point of time, challenge or dispute or deny the right, title and interest of AppVirality and the copyright and all other rights in the nature of copyright and all common law rights of AppVirality in respect of the software/product.
- You shall not re-distribute or re-sell the AppVirality service and access to it without explicit written permissions and a formal arrangement with AppVirality Inc to do so.
- You are permitted to modify source code and resources made available for the purpose of modifying the user interfaces and experience of the AppVirality service for your Apps.
- You shall not use the Service for any purposes that may be illegal or may violate the privacy of other Users and your App users or other Users’ App users.
- Fees and Payment
Subscribers are required to pay AppVirality Inc fees for the Service as laid out in the Pricing section of the AppVirality Site. Unless otherwise agreed to by the parties in writing, all Fees are payable by credit card. The Fees is payable within 5 days from the end of the subscription period for each period. Subscriber hereby authorizes AppVirality to charge Subscriber's credit card for purposes of recurring payments towards the fees. AppVirality reserves the right to change the Fees at any time with a 3 month grace period for existing subscribers (changes will apply on a going forward basis post the 3 month grace period). Non-payment of fees shall lead to termination of access to features of the Service or termination of the User account by AppVirality. Any service taxes payable shall be borne by the Subscriber. In case of any disputes on the billing amount charged, the Subscriber shall have to notify AppVirality within 60 days of the amount being charged to be considered for correction. Subscriber fees are non-refundable except if the Subscriber terminates this agreement for breach by AppVirality, or AppVirality terminates the agreement.
- AppVirality may, at its sole discretion, enhance, alter or modify the AppVirality Service at any point of time as it desires. AppVirality shall distribute updates via the Site and may or may not notify the User of such updates. Updates to the product are also considered part of AppVirality or Service.
- In some cases, AppVirality shall require the user to upgrade to a newer version of AppVirality to continue using the service for security or other reasons.
- AppVirality reserves the right to update or modify this AGREEMENT at its sole discretion. Updates to the agreement shall be made available via the AppVirality Site (appvirality.com/terms) and Users with valid email addresses registered with the Service may be intimated of the changes via email. By continuing to use the product post updates posted on the AppVirality site, the user is bound by the new agreement. If the agreement is not acceptable to the user, the user shall have to stop using the Service. It is the responsibility of the user to check the site periodically for updates to the agreement.
- Termination of Service and License
- AppVirality may decide at its sole discretion to terminate the services provided as part of the AppVirality Service at any time with a notifying email sent to users registering with valid email ids 10 days in advance of such termination.
- In the case of termination of the service, all user-created data of campaigns could be non-accessible post termination. AppVirality has no obligations to provide mechanism for users to access user content created or shared using AppVirality post such termination.
- AppVirality can change the terms of this license at any time and revoke the license to use the product from individuals at its sole discretion.
You agree that you are aware and fully acknowledge that this Service has no warranty of any kind. APPVIRALITY shall not be responsible for costs, expenses, damages of any kind incurred due to or arising from usage or failure of the Service.
- Complaints & Grievances
For any complaints or grievances related to AppVirality, please reach us at firstname.lastname@example.org
Please refer to separate section on Privacy below
- Usage Specifications
AppVirality is currently supported on the following platforms:
- iPhone, iPod and iPad devices running iOS 5.0 and above
- Phones running on Android operating system with OS version 2.3.3 and above
You agree to indemnify AppVirality, its directors, employees, and partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, your access to the Service, or use or mis-use of the Service.
You agree that jurisdiction for settling any disputes with AppVirality lies with federal and state courts of the State of Delaware.
This document covers what personally identifiable information is collected by the AppVirality Service from Users and how such information is used. AppVirality collects the following information for its Service:
- Information Collected by AppVirality
- Personally identifiable user information - Any user registering for the AppVirality Service provides personally identifiable information such as email address, name, address, credit card information of themselves or their organization. The use of this information is as indicated in section 2 below.
- End User Information - AppVirality user databases shall also contain any information updated by use of the AppVirality API on end users of Apps from AppVirality’s Users such as name, email id or any other information updated by the User. Other information such as end user device models, IP, usage patterns, are also captured by the Service. This information is not used by AppVirality except in allowing Users to view and use this information for future marketing campaigns.
- Analytics and Revenues – AppVirality also collects analytics (Installs, Clicks, etc) and Revenue (purchases made by users acquired through AppVirality service or software). AppVirality shall maintain this data secure and highly confidential and shall not share it with other users or public.
- Usage of Information
- We use personal information collected in order to communicate with the User, offer support, reach out on promotions/offers from the service, and for payment processing for the AppVirality subscriber fees. Some of these uses(such as payment processing) require sharing your information to third party services. The User information is not made available to any other users who are not service providers or agents aiding in providing the AppVirality service.
- AppVirality may use the name of your app, app developer/organization name and associated logos of the app and organization on its site for purposes of marketing its service.
- AppVirality may share personal information with companies, organizations or individuals if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (i) meet any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable Terms of Service, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, and (iv) protect against harm to the rights, property or safety of AppVirality, our users or the public as required or permitted by law.
- Transfer of Information: AppVirality reserves the right to transfer the private information to any entity that acquires AppVirality or a new entity formed by merger of AppVirality with another entity, maintaining the same or better level of data protection and security practices. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Security of Information AppVirality shall take reasonable efforts to ensure the security of data collected by AppVirality, to allow authorized access only to users who created the account.
We cannot, however, ensure or warrant the security of any information you transmit to AppVirality, and you do so at your own risk. AppVirality may post a notice on the AppVirality Site or send an email in case of a security breach of any sort comes to our notice.
Grievance Officer: In the event that a user intends to update or requires access to stored information, he/she may write to email@example.com.