Appranking, Inc. ("Appranking," "we," "us," or "our") owns and operates the website located at 595 Pacific Avenue, Floor 4 San Francisco, CA 94133 and www.Appranking.com (the "Site"). Please read these Terms of Service carefully. These Terms of Service state the terms and conditions under which you may use our services which are available through the Site (the "Services"). By replying “I ACCEPT” you("you", "user", "client" or, "end user") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and you represent and warrant that you are of the legal age of majority in the jurisdiction(s) or older in which You reside (at least 18 years of age in many countries). If you are accepting these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions set forth herein. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use the Services.
You are responsible for checking these terms periodically for updates.. When such a change is made, we will update the "Last Updated" date at the end of this document.
Through the Site, we offer solutions for driving organic app growth and analyzing app marketplace intelligence. The Services are offered to you on a subscription basis ("Subscription"). The features and functionality of the Services available to you will be based on the Subscription package you choose. Technical support will be provided to you based on the Subscription package you choose. All technical support will be available via email for all paid-up Subscriptions, as well as by phone for Premium and Enterprise Subscriptions.
Subject to the terms and conditions of these Terms of Service, you are granted a non-exclusive, non-transferable license to access and use the Services. You will not (and will not permit any third party to): (i) share a login (a login may only be used by a single person); (ii) register of create accounts for “bots” or other automated uses; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Services; (iv) copy, modify, adapt or translate the Services, or otherwise make any use, resell, distribute or sublicense the Services other than to the extent permitted here; (v) make the Services available on a “service bureau” basis or allow any third parties to use the Services, other than your employees acting on your behalf, without Appranking’s prior written consent; (vi) remove or modify any proprietary marking or restrictive legends placed on the Services; (vii) introduce into the Services any virus, worm, “black door,” Trojan Horse, or similar harmful code; or (viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve the right in our sole discretion to immediately deny you access to the Services, or any portion of thereof, without notice.
You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Services, you will need to register as a user by creating an account. During the registration process, you will have to provide your name, company name, email address, and any other information requested during the registration process. You will also have to create a user name and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
You acknowledge and agree that Your use of the Services will require Appranking to send email communications to You at the email address that You provide upon registration. You agree that Appranking may send to You, whether by email or otherwise, communications, including but not limited to notifications and invoices (or other materials relating billing), in the English language.
You agree that Appranking may send You marketing communications regarding the Services.
We reserve the right to refuse, suspend, or terminate your registration for any reason and in our sole discretion.
Subscription Trial Period
Your initial Subscription to the Services is provided as a free trial Subscription that will last for a period of seven (7) days (the “Trial Period”). Upon expiration of the Trial Period, the Subscription will automatically start, subject to payment of applicable Subscription fees as set forth below. You may cancel your Subscription at any time during the Trial Period by emailing us at [email protected] and the cancellation will take effect within twenty-four (24) hours.
Appranking reserves the right to terminate free trial period, reduce / change their scope, the usage thereof, or discontinue the offering of Free Trial entirely, at the sole discretion of Appranking at any time. Appranking assumes no liability for said termination, reduction/change or discontinuance towards You or third parties. Appranking may terminate, reduce, suspend, change the scope/content of, or discontinue Free Trial period.
Fees; Automatic Renewals
A valid credit card is required for paying accounts and a credit card validation is required for free trial accounts, but will not be charged until immediately after the expiration of the trial period.
You agree to pay any applicable Subscription fees made known to you during registration. All fees paid to Appranking are nonrefundable. We may use a third party service provider (“Third Party Service Provider”) to process payment of such fees. You warrant and represent to such Third Party Service Provider that you are the valid owner or an authorized user, of the credit card you provide to process your payment, and that all information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
All fees are in USD, exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT when a valid number is provided.
Appranking will invoice You based on actual delivery during the applicable invoice period, with payment due net 15 (fifteen) days from the invoice date. Late payments shall bear interest at the rate of one percent (1%) per month or the highest rate permitted by law, whichever is less. Non-late payments shall not bear interest.
In the event that You fail to make timely payment or otherwise breach these Terms of Service or any warranties set forth herein, You will be responsible for all expenses (including attorneys’ fees and costs) incurred by Appranking in collecting such amounts.
Pay-per-Use: If billing is carried out on a pay-per-use basis (e.g. billing on App and/ or Key-Word and/ or Ad Spend basis), the amount due will be calculated for each month according to the agreed pricing scheme. The amount due will be calculated on the basis of that the day of said month, which your Usage of Services was the maximum total.
Late payment: If you default on a due payment Appranking can, without affecting its other rights, postpone the fulfillment of its own obligation until completion of this payment and claim an appropriate extension to the performance deadline.
It is important to note that when you sign up to use the Services, your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying us in writing no later than fifteen (15) days before the next upcoming renewal, and the cancellation will take effect the following month subject to the terms and conditions set forth in the Section titled “Effect of Termination.” Again, if you do not cancel, then your Subscription will automatically renew under the same Subscription.
Disputes: You agree to notify Appranking via email of any invoice dispute within thirty (30) days from the date of receipt of the invoice (the “Invoice Dispute Period”). Invoice disputes shall be emailed to [email protected] and shall include detailed reason(s) for the dispute. To the fullest extent permitted by law, you waive all claims relating to the Services and fees unless claimed or asserted within the Invoice Dispute Period. For the avoidance of doubt, if you fail to dispute an invoice within the Invoice Dispute Period, you acknowledge that the invoice will be considered payable in full and “as is.” In the event that you contract with a third party to process invoices on Your behalf, you will use commercially reasonable efforts to provide such third party the requisite information and/or authorization to facilitate timely payment to Appranking. Furthermore, you agree that your obligation to make timely payments and/or to notify Appranking of invoice disputes in a timely manner will neither be lessened nor excused due to the actions of such third party.
Use of Personal Data
Appranking Intellectual Property
Any content that we provide or make available in or through the Services, including any estimates and reports provided through the Services and any third-party User Submissions (“Content”), are our intellectual property and copyrighted work or that of third-party authors.
You may not use any of our trademarks (including our brands and logos) or any links to our Sites in any way without our express permission.
You authorize Appranking to potentially list your company, your User Content, or your intellectual property (including but not limited to your logos or trademarks) for promotional purposes.
You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, prepare derivative works from, reverse engineer, disassemble or decompile or exploit any portion of the Services, the Appranking Content.
As between Appranking and you, Appranking shall own all right, title, and interest in and to (i) the Services including, without limitation, all source code, object code, operating instructions, and interfaces developed for or relating to the same; (ii) all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, and all intellectual property rights therein; and (iii) any other materials available on the Site and/or the Services that are provided by or on behalf of Appranking and all intellectual property rights therein (collectively, the “Appranking Intellectual Property”). Except as expressly permitted in these Terms of Service, you have no rights in or to the Appranking Intellectual Property.
Copyright and related Complaints
If you believe the Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our DMCA (Digital Millennium Copyright Act) Agent by regular mail, please write to: Copyright Agent Appranking, Inc. 595 Pacific Avenue, Floor 4, San Francisco, CA 94133
You acknowledge and agree that Appranking will access and download the data you store (i) in your user account (“User Stored Data”); and (ii) on a third party service to which you facilitate Appranking’s access via application programming interface (API) or other means (“Third Party Stored Data”), all subject to such third party’s terms of service governing this data, if applicable. User Stored Data and Third Party Stored Data shall be collectively referred to herein as “User Data.” You retain all copyrights and other intellectual property rights in and to your User Data. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Data as reasonably necessary for us to provide the Services.
In the course of using the Services, you may submit to us or we may gather on your behalf data, information or material (“User Data”) from your third-party accounts (“Developer Accounts”) at third-party sites (“Third-Party Sites”), including but not limited to developer accounts on iTunes, Apple Store, Google Play, Amazon App Store, ad network accounts, and others that the Services may allow you to connect to, that store such User Data.