Author: Omar F

Privacy Policy for My.Appvestor

Post author By Omar F
Post date February 1, 2023
Sticky post

Our privacy policy was last updated on February 22nd, 2023.

Introduction

This Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your data if You use our Platform Service. The Policy tells You about Your privacy rights and how the law protects You.

We use Your data to provide and improve the Services. When installing, running, and using the Appvestor Platform Services, You agree to the collection and use of information in accordance with this Privacy Policy.

1. Interpretation and Definitions

1.1 Interpretation

Unless otherwise stated in the context, the following terms have the following meanings, and they shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of this Privacy Policy:

“Business”, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the type of information collected and the purposes and means of the processing of this information, either on its own or in conjunction with other parties.

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to:

Appvestor ApS
DK37614904,
Gladsaxevej 342, 2860 Soeborg
Denmark

“Data” is any information that relates to a User of any of Our Services included in My.Appvestor

“Platform” or “Service” refers to the My.Appvestor platform, owned and serviced by Appvestor ApS, and all of the included services available.

“Sale”, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.

“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service

“Usage Data” refers to data collected automatically, either generated by the End-user of the Service or from the Service infrastructure itself.

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable. You can be referred to as the Data Subject or as the User as You are the individual using the Service.

2. Data Collection and Processing

Appvestor collects information about You when You register for an account on the Appvestor Platform or otherwise provide Appvestor directly with any information.

2.1 Types of Data Collected

2.1.1 Technical Information

While using the Appvestor Platform You may be asked to provide Appvestor with some necessary technical information. Technical information may include, but is not limited to: IP-address, Country, Usage Data, and Publisher ID/Business ID from Your Google Account so the Services can be provided to You. This collected information is required for Appvestor to verify that You and Your account(s) are accurately registered.

2.1.2 Other Data

In order for You to register an account on the Appvestor Platform, You must provide Your name, email address, and company affiliation. This information is required to authenticate Your identity and app, and for Appvestor to provide You with the services on the Platform. With your explicit consent Appvestor may also collect and make use of Your Publisher Identifier/Business Identifier connected to Your Ad Networks account(s) and may access and use the information related to Your account. You can withdraw Your consent at any time.

Furthermore, Appvestor may with your explicit consent make use of Your email address to contact You with marketing and promotional communications. You can withdraw Your consent at any time.

3. Use of Your Data

Appvestor commits itself to the terms set forth in this Privacy Policy and reserves the right to use anonymous data for statistics and user support without restrictions regarding applicability in time.

Appvestor may use Your Data for the following purposes:

To provide and maintain the Services, including monitoring the usage of the Platform Service for the purpose of improving the technical functionalities.
To contact You: To contact You through electronic communication, such as via email. Without your consent such contact will only be to inform of updates related to the Services technical functionalities.
To manage Your requests: To attend to and manage a request from You on e.g. the deletion of Your account and your rights as a data subject in accordance with the General Data Protection Regulation.

4. Retention of Your Data

Appvestor will process and retain anonymized Usage Data for analysis purposes. Data that has not been anonymized will be retained until the purpose of use is achieved or You choose to have it deleted.

Appvestor will however delete information related to the services within one month after 6 months of minimum or no activities in the Service and only retain data necessary to comply with the Danish Law on Accounting.

Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

How long specific personal data is retained depends on the purpose for its use, however, we will delete your personal data in accordance with applicable law. We will regularly evaluate that the processing is still valid and correct – also in light of any change that may have occurred in regard to the purpose of the processing or the processing itself.

5. Legal Basis for the Processing of Your Data

Appvestor processes personal data to pursue Our legitimate interest in managing Our business – including being able to handle contracts and purchases of various products and licenses for Our business and to improve, develop and market Our Services, and comply with Our legal obligations. The legal basis for Our processing is thus the following articles in the general data protection regulation:

Article 6 (1), litra a, according to which personal data may be processed with explicit consent.
Article 6 (1), litra b, according to which personal data may be processed if this is necessary to fulfill a contract.
Article 6 (1), litra c, according to which personal data may be processed if this is necessary to comply with a legal obligation.
Article 6 (1), litra f, according to which personal data may be processed if this is necessary to pursue a legitimate interest unless the interests of the data subject precede this.

Note: Because We process Your data partly on basis of Article 6 (1) litra f, (legitimate interests) You may in certain cases object to Our otherwise lawful processing of Your personal data if You find that Your interests in not having Your data processed exceeds Our legitimate interests in processing Your data, cf. article 21 in the general data protection regulation. See further below on Your rights under the data protection regulation.

6. Transfer of Your Data

Your personal data may be processed in any place where Our Service Providers are located. It means that this information may be transferred to – and maintained on – servers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

If Your data is transferred to a country outside the EU/EEA, and if the country in question has not been approved by the European Commission as providing adequate protection (See list of adequacy decisions here) Our data transfers will be based on Standard Contractual Clauses (SCC) also approved by the European Commission.

Furthermore, Appvestor will take all steps reasonably necessary to ensure that Your data is processed securely and in accordance with this Privacy Policy. No transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data.

7. Other Disclosure of Your Data

7.1 Law Enforcement

Under certain circumstances, Appvestor may be required to disclose Your Data in accordance with law or in response to valid requests from public authorities (e.g. a court or a government agency). Appvestor may also disclose information associated with You, as well as contact information to third parties if required by law. Appvestor will comply with all applicable data protection provisions, including section 5 of the Danish Act on Personal Data.

7.2 Opt-Out from Data Collection and Inquiries

You have the right to ask Appvestor not to continue the processing of Your personal data. You can exercise this right to prevent processing by contacting Appvestor at myappvestor@appvestor.com

The Services may present and contain links to and from the websites of partners and affiliates. If You follow a link to any third-party websites, please note that these websites have their own privacy policies and that Appvestor does not accept any responsibility or liability for these policies. You may check such policies before submitting any personal data to such websites at Your own discretion.

8. Security of Your Data

The security of Your Data is important to Us.

We have implemented the appropriate technical security measures to ensure data protection in all contexts, also taking into consideration the category of the Personal Data that We process. We have further ensured contractual-based instructions to Our Service Providers regarding necessary security measures to supplement the Standard Contractual Clauses approved by the European Commission.

9. Changes to the Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective from when they are posted on this page.

10. Contact Us

If You have any questions, requests, or comments about this Privacy Policy, You can contact Us by sending an e-mail to: myappvestor@appvestor.com

For Users Within the European Economic Area (EEA)

Appvestor undertakes to respect the confidentiality of Your Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law, if You are within the European Union (EU), to:

Access Your Personal Data and update or delete the information We have on You. Please contact Us to assist You.
Correct the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
Object to the processing of Your Personal Data. This right exists where We are relying on legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to Our processing of Your Personal Data on this ground. You also have the right to object to where We are processing Your Personal Data for direct marketing purposes.
Erasure. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to You, or to a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your consent on using Your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

You may exercise Your rights of access, rectification, cancellation, and opposition by contacting Us. You can exercise Your rights by contacting Appvestor at myappvestor@appvestor.com. Please note that We may ask You to verify Your identity before responding to such requests.

You have the right to complain to the Danish Data Protection Authority about Our collection and use of Your Personal Data. For more information You can contact Datatilsynet at:

Carl Jacobsens Vej 35, DK 2500 Valby
Telephone: + 45 33 19 32 00
E-mail: dt@datatilsynet.dk

For Users Within California (CCPA/CPRA)

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected, Disclosed, or Sold

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer.

Please note that the categories and examples provided are those defined in the CCPA. Certain categories of personal information will only be collected if You provide such personal information directly to Us.

Identifiers: A unique publisher identifier, business identifier, Internet Protocol address, email address, name, account name, or other similar identifiers.
Internet or other similar network activity: Interaction with Our Service.

Appvestor only collects and makes use of IP-address, Country, Usage Data and the Publisher ID/Business ID. Documentation on Your consent entails a unique ID, which is generated when You register for an account.

We obtain the categories of personal information listed above from the following categories of sources:

Directly from You and Your device when You use the Appvestor Platform.

If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will update this Privacy Policy.

Use of Personal Information

We may use or disclose personal information, We collect for “business purposes” or “commercial purposes” (as defined under the CCPA). For more details on how We use this information, please refer to the “Use of Your Data” section. When We disclose personal information for a business purpose or a commercial purpose, We will enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except for performing the contract.

Sale of Personal Information

As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to a third party for valuable consideration. This means that, for example, a sale can happen whenever an application makes statistical analyses on the traffic or views.

Opt-Out of Sale of Personal Information

You have the right to opt out of the sale of Your personal information. Once We receive and confirm a verifiable consumer request from You, We will stop selling Your personal information. To exercise Your right to opt-out, please contact Us.

Your Rights Under the CCPA/CPRA

The CCPA/CPRA provides California residents with specific rights regarding their personal information. If You are a resident of California, You have the following rights:

The right to notice. You have the right to be notified of which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
The right to request. Under CCPA, You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes, and share of personal information. Once We receive and confirm Your request, We will disclose the information We have on You.
The right to say no to the sale of Personal Data (opt-out). You have the right to instruct Us to not sell Your personal information. To submit an opt-out request please contact Us.
The right to delete Personal Data. You have the right to request the deletion of Your Personal Data, subject to certain exceptions. Once We receive and confirm Your request, We will delete (and instruct Our Service Providers to delete) Your personal information from Our records, unless an exception applies. We may deny Your deletion request if retaining the information is deemed necessary for Us or Our Service Providers.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer rights.
The right to correct inaccurate personal information. You have the right to request Us to correct any information about You that may be inaccurate.
The right to limit the use and disclosure of Your sensitive personal information. You have the right to request We limit the use of Your sensitive personal information.

Children’s Privacy

Our Services do not address anyone under the age of 18.

Exercise Your CCPA/CPRA Rights

In order to exercise any of Your rights under the CCPA/CPRA, and if You are a California resident, You can contact Us at: myappvestor@appvestor.com

Your request to Us must:

Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information, or that You are an authorized representative.
Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it.

We cannot respond to Your request or provide You with the required information if We cannot:

Verify Your identity or authority to make the request.
Confirm that the personal information relates to You.

For data portability requests, We will select a format to provide Your personal information that is readily usable and should allow You to transmit the information from one entity to another entity without hindrance.

If You have any questions regarding Our Privacy Policy, please contact us by email at: myappvestor@appvestor.com

PIPA – For users in South Korea

Deletion of Your Data

All data that has fulfilled its purposes will be identified by Appvestor and deleted without delay in accordance with this privacy policy. Appvestor will take all commercially and technologically reasonable measures to ensure personal data will practically not be recoverable or reproducible. Data will specifically be deleted depending on how the data was collected, stored, and your interaction with Our Services. Digital documents containing personal data will be deleted via a technical method that will make it reasonably impossible to recover, retrieve, or become re-identifiable. Appvestor does not store personal data on non-digital documents or files.

Transfer of Your Data

Appvestor may share personal data as described in this privacy policy. We may share data with the following third-party service providers outside of Korea as described.

Name of Party (contact information)	Country	Transferred Data	Purpose of Transfer	Date and Method of Transfer	Retention Period
Amazon Web Services (aws-EU-privacy@amazon.com)	Ireland	Personal data as described in this privacy policy	To host data	Data is transmitted through information network when You use the Service	Until You choose to delete data or the agreement term with Service Provider expires.
Appvestor (privacy@appvestor.com)	Denmark	Personal data as described in this privacy policy	For analysis and maintenance purposes	Data is transmitted through information network when You use the Service	Until You choose to delete data or the agreement term with Service Provider expires.

Uncategorized

Terms and Conditions for My.Appvestor

Post author By Omar F
Post date January 31, 2023
Sticky post

Our Terms and Conditions were last updated on February 22nd, 2023.

Introduction

These Terms and Conditions governs Your use of the Appvestor platform, My.Appvestor, owned and serviced by Appvestor ApS, Danish company registration number DK37614904, headquartered at: Gladsaxevej 342, 2860 Soeborg, Denmark (”Appvestor“, ”We“ or ”Us“).

The Appvestor Platform provides You with insights to Your App’s performance, and a detailed overview of Your revenue streams. With these metrics, Appvestor can help You with scaling Your business and Grow Your App’s revenues by funding and running user acquisition campaigns for You.

1. Interpretations and Definitions

1.1 Interpretation

Unless otherwise stated in the context, the following terms have the following meanings, and they shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

“Agreement” or “Terms and Conditions” refers to these terms and all materials referred or linked to in here, unless otherwise stated. Throughout this Agreement, We may reference and link to Third-Party Products to help facilitate Your use of Appvestor’s products and services and manage Your Appvestor Account, however, these references are for Your information only, and they are not incorporated into this Agreement.

“App” refers to Your proprietary mobile application.

“Appvestor Content” refers to all information, data, software, graphics, and images that Appvestor incorporates into the Platform.

“Confidential Information” refers to all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential, or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party’s technical data, business plans, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

“Customer Data” refers to all information You submit to Appvestor’s Platform. Customer Data does not include information presented to You on the Platform.

“Customer Materials” refers to all materials that You provide, upload, input, or submit on the Platform.

“Data” refers to all the information that You submit or collect via the Platform. Data does not include Appvestor Content.

“GPC account” refers to Your account on Google Play Console.

“Insertion Order (IO)” refers to the agreement between You and Appvestor for funding and running user acquisition campaigns.

“Platform” or “Service” refers to the my.appvestor platform, owned and serviced by Appvestor ApS, and all of the included services available.

“Software Development Kit” or “SDK” refers to Appvestor’s proprietary Software Developer Kits that may include sub-libraries.

“Third-Party Products” refers to non-embedded products and services that are provided by third parties which interoperate with or are used in connection with the Platform. These products and services include non-Appvestor data compilation available from, but not limited to, directories and links from Third-Party integration on the Platform.

“Third-Party Sites” refers to any third-party websites linked to from within the Platform.

“You”, “Your”, “Customer”, or “User” refers to the person or entity using the Platform and identified in the applicable account record.

2. Use of Services

2.1 Access

During the term of Your use of the Platform, We will provide You access to the use of Appvestor’s Services as described in this Agreement. Appvestor may provide You access to use Appvestor’s premium services at Appvestor’s discretion, at any time. Appvestor may provide some or all elements of the Service through third-party service providers.

You must ensure that all access, use, and receipt by You is subject to and in compliance with this Agreement.

2.2 Availability

2.2.1 The Appvestor Platform

When You register for an account on the Appvestor Platform, You must input Your Publisher ID from Your GPC account to the Platform, whereafter Appvestor will make the applicable functionalities and features available, based on all the publicly available information from Your account to You on the Platform until You terminate Your account with Appvestor. Registering for an account does not guarantee Your App will receive any kind of funding and management of user acquisition campaigns from Appvestor.

Receiving funding and management of user acquisition campaigns for Your App, is determined at Appvestor’s discretion. Appvestor conducts individual assessments of each App to determine if they fulfill Appvestor’s criteria and requirements needed to be eligible for funding and user acquisition. Appvestor will contact You to communicate these, if Appvestor believes You are eligible.

If one or more of Your Apps are found eligible, the specific terms related to funding, revenue sharing for each user acquisition campaign and termination will be regulated in the parties’ Insertion Order (cf. section 2.3.2. in these Terms and Conditions), which will then apply in addition to these Terms and Conditions and also take precedence over them in so far as the special conditions regulated in the Insertion Order are concerned.

You acknowledge that it is Your sole responsibility to keep Your account updated with all Your Apps. It is Your responsibility to update Your account if You add any new App to Your GPC account, in order for the information displayed to You, on the Platform, accurately reflects the real time data.

2.3. Commercial Model

2.3.1. Funding

Provided that one or more of Your Apps are eligible for funding and user acquisition (cf. Section 2.2.1. in these Terms and Conditions) Appvestor will upfront fund and run user acquisition campaigns for the Apps in question. You choose which of Your App’s revenue streams to share with Appvestor in return.

2.3.2. User Acquisition Terms

The specific terms related to, among others, funding amount and revenue share duration is agreed upon in an Insertion Order (IO) for each user acquisition campaign, including trial campaigns, for Your App(s).

The parties’ Insertion Order will apply in addition to these Terms and Conditions and also take precedence over them in so far as the special conditions regulated in the Insertion Order are concerned.

2.3.3. Limits

You agree to not use the Platform and services in any manner that substantially exceeds typical use expectations, including but not limited to providing consultancy services based on the Platform Service information, to third parties, or creating and administering accounts on behalf of Publisher Apps that You do not have an affiliation with, or ownership over.

Appvestor does not control the content or information received from Your linked GPC accounts. Appvestor will not have any liability in regard to Your GPC account and/or any actions resulting from Your use of the services.

Appvestor may change these Terms and Conditions that apply to Your use of the Appvestor platform at any time at Appvestor’s sole discretion and without notice to You. Only Changes of a significant nature will be provided to You with a notice next time You log in to Your account, cf. section 9.1. in these Terms and Conditions.

You are therefore advised to frequently review these Terms and Conditions for any changes. Changes are effective from the time they are posted on this page.

2.4 Connect Hub

2.4.1. Access

You will be granted access to the Connect Hub. In order to utilize this service, You need to connect Your different advertisement networks. By granting Appvestor access to Your Ad Network Key(s) together with the necessary specific permissions connected to Your account, You authorize Appvestor to collect the necessary data to make the Service available. You may at any time revoke this granted access whereby Appvestor will no longer collect said data. Appvestor may change what information Appvestor provides You in the Connect Hub at any time without notice to You.

2.5 Revenue Hub

2.5.1. Access

You will be granted access to the Revenue Hub. In order to utilize this service You need to grant Appvestor access to Your GPC account together with the necessary specific permission. Once access is granted You authorize Appvestor to collect the necessary data to make available to You an overview of Your App’s Crash Rates and Geographical Markets, in-app purchases, in-app subscriptions, network revenue, and custom revenue settings on a continuous basis, until this access is revoked by You. The information provided to You is solely based on the data You input to the Platform in conjunction with data from Your GPC account. Appvestor may change what information Appvestor provides You in the Revenue Hub at any time without notice to You.

2.5.2. Limits

All applicable features and functionalities only display information readily available from Your GPC account. Once You revoke any access to these, Appvestor will no longer be able to show You information related to any of the applicable features and functionalities.

You acknowledge that any data You put in for customized revenue can only be verified by You, and any overview provided to You will reflect this information.

Appvestor is not responsible for any discrepancies arising from inaccurate information provided by You, to Appvestor.

2.6 Publisher Partners

2.6.1. Eligibility

In order for You to be evaluated for eligibility to become a Publishing Partner, You will be required to install and run the Appvestor SDK to view Your investability score. The specific terms related to Your use of the Appvestor’s SDK will be regulated in the separate Publisher Agreement and apply in addition to these Terms and Conditions.

Appvestor will provide You with guidance and advice to improve Your investability score and thereby increase Your chance of Appvestor funding and running user acquisition campaigns for Your App(s). Appvestor reserves the right to not fund and run user acquisition campaigns in Your App, even if You have improved Your investability score. You agree that by installing the SDK You will receive guidance and/or advice to improve Your investability score from Appvestor, however, these do not guarantee any funding and running of user acquisition campaigns from Appvestor.

2.6.2. Limits

You agree that Appvestor is not liable for any violation, limitation, and/or suspension of Your account(s) on any platform, as a result of You implementing any proposed or not, changes to Your App(s) based on the aforementioned guidance and/or advice.

2.7. Fundamental User requirements

You must be 18 years of age or older, a registered business, and have the power to enter into a binding contract with Appvestor and not be barred from doing so under any applicable laws or regulations, to use Appvestor’s Services. You may not use the Appvestor Services on behalf of other Users.

Appvestor reserves the right to fund and run user acquisition campaigns in any App at Our own discretion. All Apps are evaluated on an individual basis, any similarities, or comparable properties to other Apps, registered to the Platform Services or not, will not be taken into account during the evaluation process.

Appvestor may change these Terms and Conditions that apply to Your access to use the Platform at any time in Appvestor’s sole discretion without notice to You. Only Changes of a significant nature will be provided to You with a notice next time You log in to Your account, cf. section 9.1. in these Terms and Conditions.

You are therefore advised to frequently review these Terms and Conditions for any changes. Changes are effective from the time they are posted on this page.

2.8. Prohibited and Unauthorized Use

You will not use the Platform in any way that violates the terms, or for any purpose, or in any manner that is unlawful or prohibited by this Agreement. You may not use the Platform if You are legally prohibited from receiving or using the Services under the laws of the country in which You are a resident or from which You access or use the Service.

You will notify Appvestor promptly of any unauthorized use of Your user identification and passwords, or Your account by contacting myappvestor@appvestor.com

2.9. No Sensitive Information

You acknowledge that the Platform and Services have not been designed to process or manage sensitive information as defined in the General Data Protection Regulation and accordingly You agree to not use the Platform to collect, manage, or process sensitive information. Appvestor will not have any liability, and Appvestor specifically disclaims any liability, that may result from Your use of the Platform to collect, process, or manage sensitive information.

2.10. Customer Responsibilities

To achieve the full value of the Platform and Service, Your contribution and effort is needed. Resources that may be needed or required from You include integration with Your advertisement networks and access to Your Google Play Console account.

Responsibilities that may be required include providing the correct information regarding Your Apps, updating the dashboard when You launch a new App, and granting Us the necessary accesses to Your networks and accounts.

3. Term and Termination

3.1 Termination of Agreement

Subject to any specific terms laid down in an Insertion Order agreed between the parties You may at any time terminate this Agreement at Your sole discretion. Appvestor may terminate this Agreement without cause upon thirty (30) days’ notice to You. Appvestor may also terminate this Agreement if Appvestor has determined that You are acting, or have acted, in a way that is non-compliant with this Agreement, any platform policies, or applicable law.

Appvestor reserves the right to limit Your access to certain uses of Appvestor’s Service and content at any time, with or without notice.

If Appvestor terminates this Agreement in accordance with this provision, Appvestor shall have no liability or responsibility towards You.

3.2 Suspension and Termination of Account

Appvestor may suspend any User’s access to any or all of Appvestor’s Services without notice, if said User: (a) makes use of the Services in a manner that violates applicable laws or regulations, or the terms of this Agreement, (b) makes unauthorized use and access of the Platform, or (c) creates a security vulnerability for the Platform.

Appvestor may, without notice, review and delete any Customer Data or Customer Materials that Appvestor determines in good faith violates these terms, provided that Appvestor has no duty in accordance with applicable law or regulations to prescreen, control, monitor, or edit Your Customer Data or Customer Materials.

Appvestor may terminate Your account within one month after 6 months of minimum or no activities in the Service and will hereinafter only retain data necessary to comply with the Danish Law on Accounting.

If You use the Platform in any way that violates the terms, or for any purpose, or in any manner that is unlawful or prohibited by this Agreement, Appvestor may terminate Your account without notice.

3.3 Effect of Termination

Upon termination of this Agreement, You will stop all use of the Platform and its Services. If You terminate this Agreement without cause Appvestor will to the fullest extent permitted under applicable law not refund any amounts that You have already paid, nor finish any payments Appvestor owes You to.

If Appvestor terminates this Agreement in accordance with Section 3.1. in these Terms and Conditions, You will promptly pay all unpaid fees due through the end of the Term.

4. Customer Data

4.1 Customer’s Proprietary Rights

You own and retain all rights to the Customer Data and Customer Materials. This Agreement does not grant Appvestor any ownership rights to Customer Data and Customer Materials. You grant permission to Appvestor and its licensors to use the Customer Data and Customer Materials only as necessary to provide You with Appvestor’s Services and otherwise permitted by this Agreement.

4.2 Usage Data

Appvestor may collect information about Your users when You interact with Appvestor’s Services as permitted by this Agreement.

4.3 Platform Support

Appvestor may, as permitted by this Agreement, use Customer Data in an anonymized manner to provide support for certain product features and functionalities on the Platform.

4.4 Privacy Policy

For more information about Appvestor’s processing of personal data, please read Appvestor’s privacy policy.

4.5 Protection of Customer Data

Appvestor will implement and maintain all necessary contractual, organizational, and technical security measures to ensure an appropriate level of protection of Personal Data.

5. Intellectual Property

This Agreement grants You access to and use of the Appvestor Platform Services, You are not granted a license to any software by this Agreement. Appvestor will retain all intellectual property (IP) rights to the Appvestor Services and Appvestor Content. You agree to not copy, rent, lease, sell, distribute, or create derivative works, based on the Appvestor brand and trademarks, in whole or in part, by any means. Appvestor’s trademarks include, but are not limited to, service marks, trade names, logos, domain names, and any other features of the Appvestor brand.

6. Confidentiality

Unless otherwise stated, Each Party agrees to protect the confidentiality of the Confidential Information disclosed to either Party (“Receiving Party” or “Disclosing Party”), using the same degree of care that it uses to protect the confidentiality of its own confidential information. The Receiving Party agrees to not use any Confidential Information of the Disclosing Party for any purpose outside of this Agreement. Furthermore, the Receiving Party agrees to not disclose Confidential Information of the Disclosing Party to any third party (except those third-party service providers used by Appvestor to provide some or all elements of the Platform Services). Lastly the Receiving Party agrees to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ employees, contractors, and agents who need access for the purposes outlined in this Agreement and who have signed a confidentiality agreement with the Receiving Party affording the same protections as those provided in this Agreement.

The Receiving Party may disclose Confidential Information of the Disclosing Party if they are required to do so pursuant to a regulation, applicable law, or court order. The Receiving Party will provide the Disclosing Party with notice promptly of any such request to disclose Confidential Information to allow the Disclosing Party to object to such request. The Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party’s cost, unless the Receiving Party is prohibited from doing so. In no event shall the Receiving Party disclose Confidential Information to a party except under a valid written agreement or court order, including in circumstances where the Disclosing Party fails to respond to the Receiving Party’s inquiries in regard to a request to disclose any Confidential Information.

7. Indemnification

You agree to indemnify and hold Appvestor and its affiliates harmless, at Your own expense against any and all third-party claim, suit, action, or proceeding brought against Appvestor by a third party not affiliated with Appvestor or its affiliates, to the extent that such action arises from (I) unauthorized or illegal use of the Platform Services by You or Your affiliates, (II) Your or Your affiliates’ non-compliance with or breach of this Agreement, (III) Your or Your affiliates’ use of third-party products, or (IV) the unauthorized use of the Platform Services by any other person or entity using Your user information or account.

Appvestor will notify You in writing within thirty (30) days of becoming aware of any claim to give You sole control of any defense or settlement and provide You with any and all information and assistance, reasonably requested and at Your own expense, to handle Your defense. You may not accept any settlement that imposes any obligations to Appvestor, requires Appvestor to make any admission, or imposes a liability not covered by the outlined indemnifications in this Agreement or places restrictions on Appvestor without prior written consent.

8. Disclaimers; Limitation of Liability

8.1 Warranty Disclaimer

APPVESTOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PLATFORM SERVICES TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FORMER, THE PLATFORM SERVICES ARE PROVIDED “AS IS” AND APPVESTOR AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MOREOVER APPVESTOR DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM SERVICE IS ACCURATE, SECURE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR THAT THE OPERATION OF THE PLATFORM SERVICE WILL BE UNINTERRUPTED. APPVESTOR DOES NOT WARRANT THAT THE USE OF THE PLATFORM SERVICE WILL ENABLE YOU TO ACHIEVE ANY PARTICULAR RESULT IN YOUR BUSINESS OPERATIONS.

8.2 Limitation of Liability

EXCEPT FOR YOUR LIABILITY FOR POTENTIAL PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE “INDEMNIFICATION” SECTION AND YOUR LIABILITY FOR VIOLATION OF APPVESTOR’S INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER PROVISION OF THIS AGREEMENT, EITHER PARTY OR ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO APPVESTOR UNDER THE TERMS SET OUT IN THE PARTIES AGREEMENTS AND FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IF YOU ONLY USE THE FREE SERVICE AND IF APPVESTOR IS FOUND TO HAVE ANY LIABILITY TOWARDS YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES THEN APPVESTOR’S AGGREGATED LIABILITY WILL BE LIMITED TO €1000 EUROS AND YOU WILL BE RESPONSIBLE TO PAY ANY DIFFERENTIAL AMOUNT TO FULFILL SAID CLAIM.

8.2.1 Third party products

Appvestor and its affiliates disclaim all liability with respect to third party products that You use.

9. General Provisions

9.1 Amendments

Appvestor may modify any or all parts of the Agreement by posting it here. If the changes are of a significant nature Appvestor will provide You with a notice next time You log in to Your account. If You do not agree with these changes, You may terminate Your account at any time, without notice.

9.2 Force Majeure

Neither party shall be liable for failure to comply with any of the terms of this Agreement to the extent that such failure was caused by act of God, fire, flood, earthquake, storm damage, war, insurrection, government restrictions, strikes, telecommunications outages, Internet outages, power outages, pandemics, acts of terrorism, or other causes beyond that party’s reasonable control. Each party will use reasonable efforts to mitigate the effects of a force majeure event.

9.3 Relationship Between the Parties

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Appvestor, unless otherwise agreed upon in writing and confirmed by both parties’ signatures.

9.4 Compliance

You agree to comply with all applicable laws and regulations, as well as all Appvestor policies and terms, when using the Platform Service. In the event of any action or proceeding to enforce a party’s rights under these terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

9.5 Notices

Any notice under this Agreement must be given in writing. Appvestor may give You notice through Your email address or Your account. You agree that any electronic communication will satisfy any applicable legal communication requirements, including that such communications be in writing. Any notice to You will be deemed given upon the first business day after Appvestor sends it.

You will provide notice to Appvestor by email at: myappvestor@appvestor.com. Your notice will be deemed given upon the first business day after You send it.

9.6 Assignment

You may not assign or transfer this Agreement without Appvestor’s prior written consent. As an exception to the aforementioned, You may assign this Agreement in its entirety to Your successor in the case of a merger, acquisition, or sale of all or substantially all of Your assets or voting rights, provided that You promptly give Appvestor written notice of the assignment and the assignee agrees in writing to assume all of Your obligations under this Agreement. Any attempt to transfer or assign this Agreement, by You, except as expressly authorized in this section will be null and void. Appvestor may assign this Agreement to any affiliate or in the event of a merger, reorganization, or sale of all or substantially all of Appvestor’s assets.

9.7 Entire Agreement

These Terms and Conditions together with any possible specific terms agreed between the parties in an Insertion Order (cf. Section 2.3.2. in these Terms and Conditions) or any Publisher Agreement related to Your use of Appvestor’s SDK (cf. section 2.6.1. in these Terms and Conditions) are the entire Agreement between You and Appvestor relating to the Platform Service and any other subject matter covered by this Agreement and it supersedes all other proposals and agreements, whether they be written or oral, between You and Appvestor. Any proposal, additions, or different terms suggested by You will be objected to and rejected by Appvestor. Appvestor’s obligations are not contingent on the delivery of any future features or functionalities, or on any oral or written comments made by Appvestor in regard to future functionality or features of the Platform Service.

9.8 Governing Law

The Parties’ Agreement shall be governed by and interpreted in accordance with Danish law regardless of any conflict of law provisions. In the event that any of the provisions of this Agreement should become ineffective, invalid, or unenforceable, this shall not affect the effectiveness, validity, and enforceability of the remaining provisions. In the event of the ineffectiveness, invalidity, or unenforceability of any of these provisions, the parties agree to substitute such provisions by effective, valid, and enforceable provisions which are, in their economic result, as close as possible to the ineffective, invalid, or unenforceable provisions. The application of Choice of Law Clauses, in particular the CISG, shall be excluded.