Last Updated: June 20, 2023
These Terms of Service (the “Terms”) and our Privacy Policy available at https://www.applovin.com/array-privacy-policy govern the relationship between you and AppLovin Corporation (“AppLovin”, “our”, “we” or “us”) relating in any way to your use of our Services. “Services” means the AppLovin Device Pre-Load Services that automatically organizes preinstalled apps based on category and recommends apps that may be suitable for you based on your preferences, and any related services and content.
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Services.
SECTION 17 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND REPRESENTATIVE ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.
2. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications via the Services. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or via the Services, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Site or the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Limited License; Who May Use the Services
3.1 Limited License Grant. Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
3.2 Eligibility – You may use the Services only if you are 16 years or older and are not barred from using the Services under applicable law.
If you are under the age of 18, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these Terms.
You may not use our Services if you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
3.3 Registration and Your Information – It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.
4. Intellectual Property Rights
Except for the limited license granted above, we and our licensors retain all right, title and interest in and to the Services, including the technology and software used to provide the Services. The Services are protected by copyright, trademark and other laws. If you violate these Terms, you may be breaking the law, including by violating our intellectual property rights. We and our licensors may actively protect our intellectual property rights in the event you violate these Terms (including by seeking injunctive relief). In addition, you agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Services.
If you provide us with any suggestions for enhancement or feedback regarding the Services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in the Services, without any obligation to compensate you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.
5. Privacy Policy
Please refer to our Privacy Policy available at https://www.applovin.com/array-privacy-policy for information on how we collect, use and disclose information from you, your computer and your mobile device. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services. The apps you choose to install may require access to certain device and usage data. Prior to installing an app, we encourage you to review the app’s permissions and privacy policy as made available by the app provider. Your use and interaction with the app is subject to its terms of service/use and privacy policy.
6. The AppLovin Device Pre-Load Services
6.1 General. The Services automatically categorizes and organizes preinstalled apps and provides recommendations of apps made available by our partners and third parties, which may suit your interests and preferences that you have identified in the Services (“Recommended Apps”). You may learn more about the Recommended Apps by clicking on them, and may download and install them onto your device by checking or deselecting the box(es), as applicable. If you are not interested in downloading and installing any or all of the Recommended Apps, please do not check the applicable boxes, or uncheck the respective preselected boxes. You may uninstall these applications at any time. To exit the app recommendation screen, click close or similar action. Downloading an app may incur charges to your phone if you are not connected to Wi-Fi.
6.2 Uninstalling Apps. You may uninstall apps which have been installed through the Services: To remove apps, go to Settings > Apps or Application Manager. You may need to swipe right or left to find the app. Then tap the app you want to uninstall.
6.3 Updates to the Services and Recommended Apps. The Services may automatically download and install updates provided by us from time to time. These updates are designed to improve, enhance and further develop the experience of the Services and/or Recommended Apps and may take the form of bug fixes, enhanced functions, and software updates. You agree to receive such updates as part of your use of the Services.
6.4 Opting-Out from Notifications and the Services. As part of the Services, we offer recommendations and may send you smart notifications of any available applications that may interest you and/or updates to the third-party applications that you choose to install. You may opt-out from further notifications relating to the Services by clicking ‘opt-out’ in the notification’s settings. You may disable the Services or turn it off by using the standard procedures offered by your device.
6.5 Your Mobile Device Settings. As part of use of the Services, your mobile device settings may be changed. By using the Services, you agree that you have approved such changes. The Services may allow you to reconfigure such settings at any time from within the configuration options available in your mobile device. Such changes may include, without limitation, allowing software updates of the Services once a new version is released, allowing us to send notifications and to access to location-based information.
6.6 Use of Recommended Apps. For any Recommended Apps that may be downloaded and installed onto your device by use of the Services, you acknowledge and agree that your use of such apps shall be subject to their respective terms of service/use and privacy policy. We encourage you to review such terms of service/use and privacy policy.
7. Code of Conduct and Our Enforcement Rights
7.1 Code of Conduct.
When you access or use the Services, you agree that you will not:
- Violate any law, rule or regulation.
- Disassemble, decompile or otherwise reverse engineer any components of the Services provided in object code, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- Interfere with or disrupt another user’s use of the Services.
- Impersonate another person or falsely imply that you are a AppLovin employee or representative.
- Improperly use support or complaint buttons or make false reports to AppLovin staff.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on the Services.
- Make use of any payment methods to access or purchase Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity.
- Use any robot, spider or other automated device or process to access the Services for any purpose.
- Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool.
- Modify any file or any other part of the Services that AppLovin does not specifically authorize you to modify.
- Use exploits, cheats, undocumented features, design errors or problems in the Services.
- Use or distribute counterfeit software or content, including virtual goods.
- Attempt to use the Services on or through any service that is not controlled or authorized by AppLovin.
- Use the Services in a country in which AppLovin is prohibited from offering such services under applicable export control laws.
- If the Services requires you to create a “user name” or a “persona” to represent, you should not use your real name and may not use a user name or persona that is used by someone else or that AppLovin determines is vulgar or offensive or violates someone else’s rights.
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful environment of the Services.
- Interfere with or disrupt the Services or any server or network used to support or provide the Services, including any hacking or cracking into the Services.
- Use any software or program that damages, interferes with or disrupts the Services or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
- Promote, encourage or take part in any prohibited activity described above.
7.2 Failure to comply with this Code of Conduct may result in the suspension of your account and access to the Services, and/or subject you to any of the penalties identified in Section 10.
8. DMCA/Copyright Policy
We respect the intellectual property rights of others and ask that you do as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (“DMCA”) and similar or equivalent other local laws that may apply. For more information, please go to our Copyright Page on our Site to review our notification guidelines. We reserve the right to terminate any user’s access to the Services if we determine that the user is a “repeat infringer.” We do not have to notify the user before we do this.
9. Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
10. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
11. Indemnity
If you violate the law or breach these Terms, and your violation or breach results in loss or damage or a claim or liability against us, you agree to indemnify, defend and hold us harmless from (which means you agree to compensate us for) that loss, damage, claim or liability, including our legal fees and expenses. We may take exclusive charge of the defense of any legal action for which you are required to indemnify us under this section, at your expense. You agree to cooperate in our defense of these actions. We will use reasonable efforts to notify you of any claim for which you are obligated to indemnify us.
12. Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT OR AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE IN THE SERVICES.
13. Limitation of Liability
YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF APPLOVIN IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID APPLOVIN ANY AMOUNT IN SUCH SIX (6) MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH APPLOVIN IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT IF YOU HAVE ONE.
Certain jurisdictions do not allow some of the exclusion of certain warranties and liability set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights. To the extent that we may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
14. Time Limitation on Claims
You agree that any claim you may have arising out of or relating to your relationship with us must be filed within one year after such claim arose; otherwise your claim is permanently barred.
15. Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its choice of law or conflict of law principles.
Further, you and we agree to the jurisdiction of the courts in Santa Clara County, California to resolve any dispute, claim, or controversy that relates to or arises in connection with the Services (and any non-contractual disputes/claims relating to or arising in connection with them).
16. Dispute Resolution
If you are having a problem with the Services, many issues can be resolved on one of our forums. You may find resolution by clicking on the “Support” or “Contact Us” link on the Services within settings or by emailing [email protected]. Before initiating any arbitration or court proceeding, first contact our support team to address your issue. Most disputes can be resolved that way.
17. Agreement to Arbitrate; Class Action and Representative Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
Overview
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of the Services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at [email protected]. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Severability
This Section 17 applies to the maximum extent permitted by applicable law. In the event that any portion of Section 17 is deemed illegal or unenforceable, such provision will be severed and the remainder of Section 17 will be given full force and effect.
If there is a determination that applicable law precludes the arbitration of to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
Agreement to Arbitrate; Exceptions
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR USE OF THE SERVICES, ANY CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using the Services or delete your account for the Services. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section 17, however, does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 17 above:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of Sections 3 and 7 herein.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. Also, any of us can bring a claim in small claims court either in Santa Clara County, California or the county where you live, or some other place we both agree on, if such claims meets all the requirements to be brought in that court.
The Federal Arbitration Act applies to this Section 17. The arbitration will be governed by the Consumer Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) (including Rule 1(g) of those Rules that provides for arbitration through the submission of documents only/desk arbitration where no disclosed claims or counterclaims exceed $25,000), as modified by these Terms. The Rules are available at https://adr.org/. The arbitrator will be bound by these Terms.
To start an arbitration proceeding, use the form on AAA’s website (https://adr.org/) or call the AAA at 1-800-778-7879.
Any arbitration under this section that is required to take place in person will take place pursuant to the Rules, which provide that face-to-face proceedings be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
If your claim is for US$25,000 or less, we agree to reimburse your filing fee promptly upon being notified of the filing, or pay it for you if you are unable to pay it and we receive a written request from you. Also, if your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or your costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the Rules. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party, provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or the other party’s costs are unreasonable.
For non-US Users:
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of AppLovin. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.
Class Action and Representative Action Waiver
For disputes arising between us and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CLASS ACTION OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Service of Process
To initiate arbitration or any legal proceeding against us, you must serve initiating documents on our registered agent at: Corporation Service Company, 251 Little Falls Drive, Wilmington Delaware 19808.
Changes to this Section 17
Notwithstanding any provision in these Terms to the contrary, we agree that if we make any future change to this Section 17, you may reject any such change by sending us written notice within 30 days of the change to: [email protected].
Survival. This Section 17 shall survive termination of these Terms.
18. California Notice
Under California Civil Code Section 1789.3, consumers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(916) 445-1254 or 1(800) 952-5210. We may be contacted in writing at AppLovin Corporation, Attn: “Legal”, 1100 Page Mill Road, Palo Alto, CA 94304.
19. General Terms
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Contact Information
If you have any questions about these Terms or the Services, please contact us at [email protected].
AppLovin Additional Terms
Certain AppLovin Services and Platforms are subject to additional terms as set forth below (“Additional Terms”). These Additional Terms relate to various offerings that AppLovin makes available to you from time to time. You agree to the Additional Terms, if any, for the Services and Platforms that you purchase or use. If you do not purchase or use such offerings that are subject to Additional Terms, the applicable Additional Terms do not apply to you.
The Additional Terms supplement and are incorporated into the AppLovin Terms of Use (the, “Terms”), the documentation, orders, insertion orders (“IOs”) and/or the applicable Policies. In the event of any conflict between the Additional Terms and the Terms, the Additional Terms shall control. You may also have an additional agreement with AppLovin that supplements, amends, supersedes or replaces the Terms (collectively, “Commercial Terms”). For the avoidance of doubt, Commercial Terms applicable to you (e.g. IOs) that explicitly supplement, amend, supersede or replace the Terms or Additional Terms shall control.
