Effective: March 25, 2024. You can find our previous EULA here.
Last Updated: February 23, 2024
This End User License Agreement (this “EULA”) governs your access to and use of software development kits, applications programming interfaces, pixels, other integrations, documentation, tools and assemblies, libraries, scripts, object code, sample source code, and similar developer material owned by AppLovin and made available to you only for purposes of your access to and use of the Platform and the Services (collectively, “Software”). Capitalized terms have the meanings ascribed to them in AppLovin’s Term of Use Agreement, unless otherwise indicated.
Please note that we may from time-to-time update, improve, enhance, conduct testing, and further develop the Software (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions). You understand that these improvements, enhancements, or tests may impact your or end users’ experience. In addition, we may add or remove functionalities or features of the Software at any time, and we may modify, suspend, restrict, terminate, or stop the Software (or any portion of it) at any time. We may also suspend, restrict, delete, or remove access to the Software (or any portion of it) or your account at any time.
1. Eligibility to Access and Use the Software
You agree to access and use the Software consistent with this EULA and all laws and regulations, including United States export controls. In addition, you may not use the Software if you or any of your affiliates or, to your knowledge, any director, officer, manager, or employee of such entities: (a) cannot receive products, including services or the Software, from the United States (because for example you live in a country embargoed by the United States) or have been the target of sanctions by any governmental entity; or (b) cannot access or use the Software in compliance with this EULA under the applicable laws of your jurisdiction.
2. Your Limited License to the Software
3. Our Retained Proprietary Rights; Restrictions on Your Use of the Software
Except for the limited license granted herein, we and our licensors retain all legal right, title, and interest in and to the Software, including all of the intellectual property associated with the Software, any improvements or derivative products or services, and all other aspects of the Software. We reserve all rights not expressly granted to you.
You agree not to access or use the Software (or any part of it) other than as permitted by this EULA, and you may not use, copy, or distribute the Software without authorization. In addition, you agree not to modify, create derivative works based on, decompile, reverse engineer or disassemble, or otherwise attempt to extract source code from the Software (or any part of it). In addition, you may not (a) copy, distribute, rent, lease, lend, sublicense, transfer, or make the Software available to any third party, except as permitted by this EULA; (b) attempt to defeat, avoid, by-pass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Software; (c) use the Software to develop software to upload or transmit viruses or other harmful code; (d) modify, remove, or obscure any proprietary notices or legends that appear on the Software or during the use and operation thereof; (e) sell, assign, license, disclose, or otherwise transfer or make available the Software, any copies of the Software, or any information derived from the Software in any form to any third parties, except as permitted by this EULA; or (f) remove or alter any proprietary notices or marks on the Software.
You may not represent that you have been certified or otherwise endorsed by AppLovin, and you may not use the AppLovin name or any other trademark or service marks of AppLovin in connection with your access to and use of the Services.
U.S. Government-Restricted Rights — The Software is deemed to be “commercial computer software” and “commercial computer Software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display, or disclosure of the Software by the U.S. Government will be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA.
4. Data Privacy and Data Sharing
5. Confidentiality Obligations
6. Your Indemnification of Us
You will indemnify and hold AppLovin, its officers, managers, directors, employees, affiliates, and subsidiaries, and each of their respective legal representatives, successors, and assigns, harmless (and, at AppLovin’s request, defend AppLovin) against any and all claims, demands, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of the Software or (b) your violation of any term of this EULA.
At AppLovin’s option, you will assume control of the defense, but AppLovin retains the right to elect to take over the defense at any time. You may not enter into a settlement covered by this indemnification clause without AppLovin’s prior written consent. If AppLovin elects to assume control of the defense, you agree to cooperate fully in that defense.
8. Warranty Disclaimers and Limitation of Our Liability
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 — You access and use the Software at your own sole risk. We provide the Software on an “as is” and “as available” basis, and explicitly disclaim all warranties of any kind to the full extent permitted by applicable law.
- We make no representations or warranties of any kind, express or implied, as to the Software. In addition, we may suspend, withdraw, or restrict the availability of all or any part of the Software (including “beta” features or tools) at any time and for any reason.
- You expressly agree that you use the Software at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, about the Software, including implied 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. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this EULA.
- We do not warrant that the Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis (meaning free of viruses or other harmful components), that defects will be corrected, or that you will not encounter any connectivity problems or other technical issues.
- YOU ACCESS AND USE THE SOFTWARE AT YOUR SOLE RISK. WE EXPLICITLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SOFTWARE.
Limitation of Our 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 Software (including our affiliates, corporate parents, and vendors), will be liable:
- For any personal injury or indirect, incidental, punitive, special, exemplary, 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, including warranty, contract, and tort or negligence) arising out of or in connection with this EULA or your use of, access to, or inability to use or access the Software, even if we have been advised of the possibility of such damages; or
- For the conduct of any third parties, including end users.
THE RISK OF USING THE SOFTWARE RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THE SOFTWARE OR THE CONDUCT OF THIRD PARTIES.
9. Governing Law, Venue, and Dispute Resolution
10. Miscellaneous Provisions