Effective date: November 20, 2023
Prior Terms, last updated June 20, 2023, available here.
To use the Array Services, you must be 16 years of age or older and over the age of majority in your jurisdiction. If you are under 18 years of age, or under the age of majority where you live, your legal guardian must provide consent to your use of the Array Services. As described below, United States law governs these Terms, and the Array Services may fall within United States export controls. You may not use the Array Services if United States law or other applicable law preclude you from receiving products, including services or software, from the United States.
SECTION 12 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING OR A TRIAL BEFORE A JUDGE OR JURY, SUBJECT TO CERTAIN EXCEPTIONS. IN ADDITION, SECTION 9 CONTAINS A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF THE USE OF THE ARRAY SERVICES. PLEASE READ SECTIONS 9 AND 12 AND THESE TERMS CAREFULLY. BY USING THE ARRAY SERVICES, YOU AGREE TO THESE PROVISIONS.
Table of Contents
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1. The Array Services; Changes to the Array Services or the Terms
The Array Services consist of the preinstalled Array application(s), the Array SDK(s), and various other integrations, interfaces, features, content, and advertising products that help you discover and engage with mobile apps and other products or services. In particular, we have partnered with various carriers and mobile phone original equipment manufacturers to provide you with third-party mobile app recommendations, suggestions, and other advertisements that may suit your interests and preferences. The Array Services may preload certain mobile apps or other products or services onto your device, send you notifications about recommended or suggested mobile apps or other products or services, allow you to search for and/or install mobile apps or other products or services that appear in the Array Services, and present you with other recommendations, suggestions, and notifications that may be of interest. By signing up for the Array Services, you agree to receive these products and services.
In certain circumstances, we receive compensation when you download or engage with mobile apps or other products or services that appear in the Array Services. The compensation received by us may impact whether third-party mobile apps or other products or services appear in the Array Services, their placement in the preinstalled Array application, and how we promote them to you. You have no obligation to download and install any mobile apps (or engage with any other product or service) that may be recommended or suggested to you, and you can skip or close the Array Services at any time by clicking close or performing a similar action.
Our Access to Certain Android Permissions — To maximize the benefits to you of the Array Services, we need access to certain Android device permissions, including “INSTALL_PACKAGES” and “QUERY_ALL_PACKAGES.” We use those permissions to provide you with the Array Services, including presenting you with recommended or suggested mobile apps or other products or services that have not already been installed to your device. You can review or manage these permissions through the “Settings” menu on your Android device.
Updates to the Array Services — We may from time-to-time update, improve, enhance, and further develop the Array Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions). If you choose to allow automatic updates, the Array Services will automatically download and install updates. If you do not want to download and install updates automatically, you can turn off automatic updates through the “Settings” menu of your Android device.
Notifications from the Array Services — We may from time-to-time send you notifications regarding the Array Services or third-party apps that may be of interest to you. If you do not want to receive notifications, you can turn off notifications through the “Settings” menu of your Android device.
Hardware and Software Requirements — The functionalities and features of the Array Services may vary depending on the device and operating system that you use, your region, or the changing requirements of applicable laws. To use the Array Services, you need compatible hardware and software (and potentially the latest versions of that software), and internet access, among other technological features. The performance of the Array Services may be affected by these or related factors, each of which we do not control. Your access and use of the Array Services may also be interrupted from time to time due to third-party failures outside of our control or the need for periodic maintenance, updates, or repairs. As explained below, we make no representations or warranties of any kind with respect to the performance or availability of the Array Services.
Changes to the Array Services or these Terms — Because our Array Services evolve over time, we may at any time, at our sole discretion, modify, suspend, restrict, terminate, or cancel the Array Services or any portion of them. In addition, we may at any time, in our sole discretion, suspend, restrict, delete, or remove access to the Array Services or any portion of them. In addition, we may modify these Terms at any time at our sole discretion by posting the modified Terms. By continuing to use the Array Services after those modifications, you agree to the revised terms. If you do not agree to be bound by the modified Terms, then you must not use the Array Services anymore.
Uninstalling Apps — You may uninstall the preinstalled Array app or other apps that you have installed through the Array Services at any time. To uninstall apps on Android systems, open the Google Play Store app > tap the “Profile” icon in the top-right corner > tap “Manage apps & devices” > tap “Manage” > select the name of the app you want to delete > tap “Uninstall.”
2. Your Limited License to the Array Services
Your Limited License to the Array Services — 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 Array Services for your own personal (non-commercial) use. You agree not to use the Array Services for any other purpose. Any unauthorized use will terminate this limited license and may also violate applicable laws.
Our License to Your Feedback — We may, from time-to-time, give you the opportunity to provide suggestions or feedback on the Array Services. You acknowledge and agree that you provide any feedback on a voluntary basis and that we will have a perpetual, transferable, sublicensable, royalty-free, irrevocable, worldwide, and non-exclusive license to use your feedback in our discretion, 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.
Except for the limited license granted above, we and our licensors retain all legal right, title, and interest in and to all other elements of the Array Services, including all of the intellectual property associated with the Array Services, the Array preinstalled app(s), the Array SDK(s), and all other aspects of the Array Services. You agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from any aspect of the Array Services.
4. Code of Conduct and Our Enforcement Rights
If you violate these Terms or any law, rule, or regulation; interfere with or damage or disrupt the Array Services or any server or network used to support or provide the Array Services; engage in conduct that we deem fraudulent, abusive, unethical, suspicious, artificial, or otherwise inconsistent with these Terms; use, employ, operate, or create a computer program to simulate the human behavior of a user (“Bots”); use, employ, or operate Bots or other similar forms of automation to engage in any activity on the Array Services; or engage in any similar conduct or behavior, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend your access to, use, or integration of, the Array Services.
5. Trademark & DMCA/Copyright
We respect the intellectual property rights of others and ask that you do the same. We respond to notices of alleged trademark or copyright infringement, consistent with the US Digital Millennium Copyright Act or laws of similar effect. For more information, please review our Copyright Page.
6. Third-Party Apps and Content
The Array Services may, from time-to-time, include third-party content, including links to third-party apps, products or services, websites, or resources. We provide this content and these links only as a convenience. We 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 apps, products or services, websites, or resources.
7. Ending Your Relationship with the Array Services (and vice versa)
Termination by Us — We may terminate your access and use of the Array Services, at our sole discretion, at any time and without notice to you.
Termination by You — You may terminate these Terms at any time by contacting us [email protected].
Effect of Termination — Upon any termination or cancellation of the Array Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, warranty disclaimers, limitations of liability, and dispute resolution provisions.
8. Your Indemnification of Us
To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless AppLovin, its affiliates, parent corporations, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, insurers, and reinsurers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to these Terms, your use of the Array Services, or any violation of these Terms.
9. Disclaimers and Limitation of Our Liability
Nothing in these Terms affects the statutory rights that you may have as a consumer of the Array Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In those jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of these jurisdictions.
Warranty Disclaimers — We provide the Array Services, including the preinstalled Array application, the Array SDK (if applicable), and various other integrations, interfaces, features, content, and advertising products included on or otherwise made available to you through the Array Services, on an “as is” and “as available” basis, without warranty of any kind.
- We make no representations or warranties of any kind, express or implied, as to the operation of the Array Services, including the preinstalled Array application, the Array SDK (if applicable), and various other integrations, interfaces, features, content, and advertising products included on or otherwise made available to you through the Array Services. As set forth above, our Array Services’ performance may be affected by your hardware, software, and/or internet access, each of which we do not control. In addition, we may suspend, withdraw, or restrict the availability of all or any part of our Array Services for business and operational reasons.
- You expressly agree that you use the Array Services at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Array Services, including the preinstalled Array application, the Array SDK (if applicable), and various other integrations, interfaces, features, content, and advertising products included on or otherwise made available to you through the Array Services will be secure, free of viruses or other harmful components, or uninterrupted.
- We expressly disclaim any warranties of any kind, either express or implied, about the Array Services.
Limitation of Liability and Cap on Damages — To the full extent permissible by law, you acknowledge and agree that neither we nor any other party involved in creating, producing, or delivering the Array Services (including our affiliates), will be liable:
- For any indirect, incidental, punitive, special, consequential, liquidated, or punitive damages, including lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services, in anyway whatsoever (and under any theory in any applicable jurisdiction) arising out of or in connection with these Terms, your use of or access to the Array Services, or for any loss or damage caused by your reliance on information obtained on or through the Array Services, even if we have been advised of the possibility of such damages; or
- For the conduct of third parties, including any operators of external platforms, apps, products or services, websites, or resources. As explained above, if you choose to download and install a specific third-party app or a recommended third-party app through the applicable third-party platform (e.g., the Google Play Store), you create an independent relationship with that third-party app and platform, governed by the third-parties’ terms of service and other documents. We do not have any role in your relationship with any third-party company, and we are not responsible for that relationship or for any disputes arising out of any such agreement or other arrangements or for any other third-party conduct. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party apps, platforms, products or services, websites, or resources. The risk of using any third-party app or third-party platform rests entirely with you.
THE RISK OF USING THE ARRAY SERVICES AND ANY THIRD-PARTY PLATFORMS, APPS, PRODUCTS OR SERVICES, WEBSITES, OR RESOURCES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THESE THIRD-PARTY PRODUCTS OR SERVICES.
In addition, to the full extent permissible by law, the aggregate liability to you arising out of or relating to these Terms or your relationship with us will not exceed the total sum of twenty dollars (US$20). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
10. Time Limitation on Your Claims against Us
You agree that any claim you may have arising out of or relating to these Terms or your relationship with us must be filed within one (1) year after the purported claim arose. Otherwise, you acknowledge and agree that your claim will be permanently barred as untimely.
11. Governing Law and Venue for Legal Disputes Not Subject to Arbitration
These Terms, and all claims or defenses based on, arising out of, or related to these Terms or our relationship under these Terms shall be governed by, and enforced in accordance with, the internal laws of the State of California, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.
Except as provided below, any disputes not subject to the Agreement to Arbitration set forth in this Section shall be heard only in the state or federal courts located in Santa Clara County, California, unless we mutually agree to some other location. Each of us consents to venue and personal jurisdiction in Santa Clara County, California, for purposes of any such action.
12. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, 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.
Notice of Claim and Required Informal Dispute Resolution Process
In the event of any controversy or claim arising out of or relating to these Terms, we shall consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a satisfactory solution, through first contacting support and then through the Informal Dispute Resolution Process described below. If these informal efforts do not resolve the concern or issue, 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.
If you have any concerns about, or experience any issue with, the Array Services, most user concerns or issues can be resolved by contacting us at [email protected]. Before initiating the Informal Dispute Resolution Process (as described below) or any arbitration or court proceeding pursuant to this Section, you must first contact us to address your concerns or issues. Most disputes can be resolved that way.
If you have any concern or dispute that we cannot resolve, you agree to then try to resolve the dispute informally (the “Informal Dispute Resolution Process”) and in good faith by contacting us and providing a written notice of claim (the “Notice of Claim”) by sending an email to [email protected] and [email protected]. The Notice of Claim must provide us with an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), and the relief you seek. Your Notice of Claim may only include your individual personal claim(s) and may not be combined with a Notice of Claim for other individuals. After submitting your Notice of Claim, you then agree to meet and confer by email, telephonically, or by videoconference (such as Zoom), in good faith regarding your individual claim before taking any further action.
If any dispute related to your Notice of Claim cannot be resolved through the Informal Dispute Resolution Process within sixty (60) days of our receipt of the Notice of Claim, 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. You understand and agree 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.
Agreement to Arbitration; Exceptions to Agreement to Arbitration
If we cannot resolve our dispute through customer support or through an Informal Dispute Resolution Process (as described above), YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US OR YOUR USE OF THE ARRAY SERVICES.
This Agreement to Arbitration is intended to be interpreted broadly, and it applies to all disputes or claims of any kind under any theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) that you may have or assert against us.
You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, applicability, or enforceability of this Agreement to Arbitration. This includes questions about whether any dispute between us is subject to this Agreement to Arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
Please note that 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.
Exceptions to Agreement to Arbitration
This Section does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with these Terms:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief;
(2) claims for preliminary injunctive relief for violations of these Terms;
(3) claims to request enforcement or recognition of any award or order in any appropriate jurisdiction; and
(4) our ability to suspect or terminate access to the Array Services pursuant to these Terms.
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. In addition, any of us can bring a claim in small claims court either in Santa Clara County, California, or the county or jurisdiction where you live, or some other place we both agree on, if such claims meet the requirements to be brought in that small claims court. If either party files a claim in arbitration that could have been brought in small claims court, the other party may elect to resolve the claim through small claims court (rather than through arbitration) by providing notice to the other party before appointment of an arbitrator; upon receipt of such notice, the arbitration provider shall administratively close the case before assessing any fees, and the party bringing the claim must proceed in small claims court in lieu of arbitration.
Procedure for Arbitration
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Streamlined Arbitration Rules & Procedures (the “Rules”) of JAMS (“JAMS”), as modified by these Terms. The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/. We shall appoint one arbitrator (fluent in English), who will be bound by these Terms. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, these Terms will govern.
To start an arbitration proceeding, use the form available on the JAMS website (https://www.jamsadr.com/submit/). Any arbitration under this Section that must take place in person (rather than through a more convenient virtual forum) will take place pursuant to the Rules and these Terms. The parties agree that any live proceedings, including the arbitration hearing, will be conducted at a location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
Payment of all filing, administrative, arbitrator fees, and costs of arbitration will be governed by the Rules, except as modified by these Terms. 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, your claims were brought for an improper purpose, or your arbitration 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 of the arbitration provider. Notwithstanding the above, if you demonstrate that you are unable to afford the fees or costs of arbitration, qualify for a statutory exemption, or if the arbitrator determines that your payment of any portion of the costs or fees would be cost-prohibitive (as compared to litigation), we will pay them. 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 were brought for an improper purpose.
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 shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of sixty (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, or another location that you and we mutually agree to, and the number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
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, ABSENT THIS AGREEMENT TO ARBITRATION, 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 CONSOLIDATED, CLASS, OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Opting out of the Agreement to Arbitration and Class Action Waiver
You have the right to opt out and not be bound by this Agreement to Arbitration by sending us written notice of your decision to opt out by contacting us at [email protected]. The notice must be sent within thirty (30) days of your first use of the Array Services or availability of this opt-out, whichever is later; otherwise, you shall be bound to arbitrate disputes as set out in this Section. If you opt out of these arbitration provisions, we also will not be bound by them.
Changes to this Section
Notwithstanding any provision in these Terms to the contrary, we agree that, if we make any future change to this Section, you may reject any such change by sending us written notice within thirty (30) days of the change to [email protected].
This Section applies to the maximum extent permitted by applicable law. If any competent authority deems any portion of this Section illegal or unenforceable, such provision will be severed and the remainder of this Section will be given full force and effect.
If any competent authority determines that applicable law precludes the arbitration of 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 Arbitration (as described below), and will be brought in a court of competent jurisdiction. If 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.
This Section shall survive termination of these Terms.
13. Miscellaneous Terms
Entire Agreement — These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Array Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Array Services.
Severability — 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.
No Assignment or Transfer by You — You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. 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.
No Waiver — 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.
EEA Online Dispute Resolution Platform — If you are a consumer in EEA, the European Commission’s Online Dispute Resolution Platform has been introduced to help consumers who have purchased goods or services online without going to court. If applicable, the platform can be found here: http://ec.europa.eu/consumers/odr.
California Notice — Pursuant to California Civil Code Section 1789.3, we note the following for consumers from California: 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 the addresses set forth in the “Contact Information” section.
14. Contact Us
If you have any questions about these Terms or the Array Services, please contact us at [email protected] or the address set forth below:
1100 Page Mill Road
Palo Alto, CA 94304