Terms and Conditions for My.Appvestor

Our Terms and Conditions were last updated on February 27th, 2024.

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. Furthermore, You may select what data derived from Your in-app subscriptions and in-app purchases. Any unselected data will only be stored and displayed on the basis of Your titles and not revenue data. 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.