Effective date: May 13, 2024
Prior Terms, effective November 20, 2023, available here.
These Terms of Service (the “Terms”) and our Privacy Policy govern the relationship between you and AppLovin Corporation (“AppLovin,” “our,” “we,” or “us”) and apply to your use of the Plus! (f/k/a Rewards+) Services. The “Plus! Services,” as further defined in Section 1 below, means the preinstalled Plus! (f/k/a Rewards+) application, the Plus! software development kit (the “SDK”) if applicable, and any related integrations, interfaces, features, content, and other products that act as an on-device shopping assistant.
Please read these Terms and our Privacy Policy carefully before using the Plus! Services. These Terms set out the terms and conditions that apply when you use the Plus! Services. By signing up for the Plus! Services, and by continuing to use the Plus! Services after any future changes to these Terms, you confirm that you have carefully read, understood, and agree to be bound to these Terms, particularly those provisions that restrict or exempt liabilities. In addition, our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Plus! Services to you, as well as your rights and choices concerning your information. If you do not agree to these Terms, or if you do not want us to collect, use, disclose, share, or otherwise process your information in the ways described in our Privacy Policy, you must not use the Plus! Services (or you must stop using the Plus! Services if you have already started using them).
To use the Plus! Services, you must be 18 years of age or older and over the age of majority in your jurisdiction. As described below, United States law governs these Terms, and the Plus! Services may fall within United State export controls. You may not use the Plus! Services if United States law or other applicable law preclude you from receiving products, including services or software, from the United States.
SECTION 14 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, COLLECTIVE 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. SECTION 11 CONTAINS WARRANTY DISCLAIMERS AND A LIMITATION OF OUR LIABILITY, INCLUDING A RELEASE BY YOU OF CLAIMS FOR DAMAGES RELATED TO THE PLUS! SERVICES. PLEASE READ SECTIONS 11 AND 14 AND THESE TERMS CAREFULLY. BY USING THE PLUS! SERVICES, YOU AGREE TO THESE PROVISIONS.
Table of Contents
* * * *
1. The Plus! Services; Changes to the Plus! Services or the Terms
The Plus! (f/k/a Rewards+) Services include a suite of tools that allow users to search for deals, discounts, and promotions, to learn pricing and product information, and to look for and apply savings, cashback promotions, and other reward opportunities when shopping on the Plus! application, third-party merchant mobile applications and/or mobile websites through users’ mobile devices, and other properties. We have partnered with third-party retailers, brands, merchants, affiliate networks, and other partners (collectively, “Affiliate Stores”) to offer you the ability to earn cashback, rewards, and/or obtain other benefits on certain of your purchases through the Plus! application or through certain qualifying third-party merchant mobile applications and/or mobile websites. In addition, we try to locate the best publicly available discounts and coupons, track product pricing and information, and negotiate offers that may be better than other publicly available deals. The Plus! Services take various forms depending upon the way in which you interact with them. The Plus! Services may present cashback offers in the Plus! application or as a pop-up (or similar interface) when you interact with qualifying Affiliate Stores through their mobile applications or mobile websites. The Plus! Services may also send you notifications or alerts about recommended or suggested offers, coupons, discounts, or products and services from the Affiliate Stores or third-party merchants, allow you to search for offers, coupons, discounts, or products and services that appear in the Plus! Services, and present you with other recommendations, suggestions, and notifications or alerts that may be of interest or that may further assist you in your on-device shopping. By signing up for the Plus! Services, you agree to receive these products and services, and you understand that they may evolve over time (as described below).
In certain circumstances, we receive compensation for purchases made through the Plus! application, for referring buyers to the Affiliate Stores, and for performing similar functions, and we give a portion of this fee to users in the form of cashback offers. We may also receive compensation when you purchase or engage with offers, coupons, discounts, or products and services presented by the Plus! Services. The compensation received by us may impact whether third-party merchants’ products or services (including offers, deals, and discounts for those products or services) appear in our Plus! application, their placement in our application, and how or whether we promote, recommend, or suggest them to you. In addition, although we try to offer generous cashback offers and to find the best available offers, coupons, and discounts, we may not always identify the best cashback or promotional offer, and we cannot be held responsible for any missed savings or rewards opportunities. You have no obligation to make a purchase or activate or engage with any particular offers, coupons, discounts, or products and services, and you can close the Plus! Services at any time by clicking exit or performing a similar action.
Registration and Account Information — You may need to register and create an account (or sign-in through a third-party platform) to access some portions of the Plus! Services, including earning and withdrawing or redeeming cashback. In addition, certain withdrawal or redemption options for cashback may require a PayPal account (or similar payee account) and certain versions of the Plus! Services may require you to withdraw or redeem your cashback through a third-party platform (for example, the “Wallet” or similar feature provided by your mobile carrier or your mobile equipment manufacturer). You acknowledge and agree to provide us (and any related third-party platform) with accurate, complete, and up-to-date account information, as needed, for us to provide you with the Plus! Services.
Use of Accessibility Services in Certain Versions of the Plus! Services —
As described below, in connection with certain versions of the Plus! Services (versions earlier than 1.9.0), we need permission to use the accessibility services of your mobile device(s).
- For versions of the Plus! Services earlier than 1.9.0, we need permission to use the accessibility services of your mobile device(s) to maximize the benefits to you of the Plus! Services. If you choose to give us permission to use accessibility services, we will use those permissions to provide you with the Plus! Services, including presenting cashback offers and automatically applying coupons or discounts when you interact with the Plus! application, qualifying Affiliate Stores, or third-party merchants. If you do not want us to use the accessibility services of your mobile device(s), you can turn off that permission through the “Settings” menu on your Android device or on the Plus! application.
- For versions 1.9.0 and later of the Plus! Services, we will not seek permission to use the accessibility services of your mobile device(s). However, we will continue to provide you with the Plus! Services, including providing you with features and functionality to activate or engage with offers, coupons, and discounts.
Updates to the Plus! Services — We may from time-to-time update, improve, enhance, and further develop the Plus! Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions), including installing updates, to the Plus! application or mobile apps that you download through the Plus! Services. The Plus! Services will automatically download and install updates to these mobile apps onto your device. If you do not want the Plus! Services to download and install updates automatically onto your device, you can turn off automatic updates at any time through the “Settings” menu on your Android device or on the Plus! application.
Notifications and Messages from the Plus! Services — We may from time-to-time send you notifications or alerts regarding the Plus! Services or certain products or services, offers, coupons, or discounts that may be of interest to you or that may further assist you in your on-device shopping. By using the Plus! Services, you consent to receive these notifications or messages from us, our affiliates, or providers. If you do not want to receive notifications, you can turn off notifications through the “Settings” menu on your Android device or on the Plus! application.
Hardware and Software Requirements — The functionalities and features of the Plus! Services may vary depending on the device and operating system that you use, the way in which you interact with the Plus! Services, your region, or the changing requirements of applicable laws. To use the Plus! 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 Plus! Services may be affected by these or related factors, each of which we do not control. Your access and use of the 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 Plus! Services.
Changes to the Plus! Services or these Terms — Because our Plus! Services evolve over time, we may at any time, at our sole discretion, modify, suspend, restrict, terminate, or cancel the Plus! Services or any portion of them. In addition, we may add or remove features or functionality of the Plus! Services or any portion of them at any time, and we may suspend, restrict, delete, or remove access to the Plus! Services or any portion of them.
We may modify these Terms at any time at our sole discretion by posting the modified Terms. By continuing to use the Plus! 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 Plus! Services anymore.
Your Independent Relationship with Third-Party Affiliate Stores or Merchants — As described above, the Plus! Services allow you to search for deals, discounts, and promotions, to learn pricing and product information, and to look for and apply savings, cashback promotions, and other reward opportunities when shopping on the Plus! application, qualifying Affiliate Stores or third-party merchants. If you use Affiliate Stores’ or third-party merchants’ applications or mobile websites or choose to make a purchase through an Affiliate Store or third-party merchant, you create an independent relationship with that Affiliate Store or third-party merchant, governed by the third parties’ terms of service, privacy policy, and other policies (including applicable exchange and shipping policies). In addition, if you choose to make a purchase from an Affiliate Store or third-party merchant, any product or service will be purchased directly from the Affiliate Store or third-party merchant (not from us), subject to the Affiliate Store’s or third-party merchant’s terms and policies. Please review those terms, policies, and other documents carefully. You understand that we operate independently from the third-party Affiliate Stores or merchants and that we do not act as an agent of the third-party Affiliate Stores or merchants or as a reseller or distributor of any products or services of Affiliate Stores or third-party merchants. You acknowledge sole responsibility for, and assume all risk arising from, your decision to use Affiliate Stores’ applications or mobile websites or choice to make a purchase through an Affiliate Store or third-party merchant.
Uninstalling the Plus! Application — You may uninstall the preinstalled Plus! application at any time. To uninstall the app 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. Restrictions, Limitations, and Exclusions on the Plus! Services
We Do Not Warrant or Guarantee the Best Offers, Coupons, or Discounts — As described above, we try to offer generous cashback offers and to find the best available offers, coupons, and discounts. However, we may not always identify the best cashback or promotional offer, and we may not always have access or qualify to provide all available discounts or the best deal. You understand and agree that we do not warrant, promise, or guarantee the offers, coupons, and discounts shown through the Plus! Services will be the best available in the market, and you further understand and agree that we cannot be held responsible for any missed savings or rewards opportunities. In addition, offers, coupons, and discounts remain subject to availability and the applicable exclusions, restrictions, and terms and conditions of the Affiliate Stores and other third-party merchants. Deals may also change without notice and only be available through certain channels or on certain eligible items. As such, the application of offers, coupons, and discounts at checkout may or may not result in savings for your order.
Our Compensation from Affiliate Stores or Third-Party Merchants — We do not charge you fees for your use of the Plus! Services. You understand and agree that we may receive compensation for referring buyers to the Affiliate Stores or third-party merchants. In addition, we may receive compensation when you purchase or engage with offers, coupons or discounts, and products or services presented by the Plus! Services. The compensation received by us may impact how the Affiliate Stores’ or third-party merchants’ products or services (including offers, deals, and discounts for those products or services) appear in our Plus! application, their placement in our application, and how or whether we promote, recommend, or suggest them to you.
We Have No Control Over and Do Not Endorse, Warrant, or Guarantee Third-Party Information, Offers, Coupons, or Discounts — While we attempt to provide accurate descriptions for the products or services, offers, coupons, and discounts shown within or through the Plus! Services, you understand and agree that much of the information we display (including descriptions of products or services, offers, coupons, and discounts) come from third parties that we do not control. You acknowledge sole responsibility for, and assume all risk arising from, (i) your decision to interact with a product or service, offer, coupon, or discount, (ii) your decision to use Affiliate Stores’ or third-party merchants’ applications or mobile websites, or (iii) your choice to make a purchase through the Plus! application, an Affiliate Store, or a third-party merchant.
We do not endorse, warrant, or guarantee the product descriptions, third-party offers, coupons, or discounts, or other information shown through the Plus! Services, or endorse, warrant, or guarantee that the product descriptions, third-party offers, coupons, or discounts, or other information shown through the Plus! Services will be available, applicable, accurate, complete, reliable, current, error-free, or provide the best available promotions. In addition, the inclusion of any products or services, offers, coupons, or discounts through the Plus! Services at a particular time does not mean (and we do not warrant) that those products or services, offers, coupons, or discounts will be available at any other time. You understand and agree that the products or services, offers, coupons, or discounts shown through the Plus! Services may change at any time without notice to you.
We Are Not Responsible for Purchases or Products from Affiliate Stores or Third-Party Merchants — You understand and agree that any products or services that you choose to purchase using offers, coupons, or discounts presented through the Plus! Services come directly from the Affiliate Stores or third-party merchants, not us. These products or services have been or will be: (a) offered for sale by the Affiliate Stores or third-party merchants subject to their typical terms and conditions and other policies, not by us; (b) priced by the applicable Affiliate Store or third-party merchant (including determining whether the prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping, handling, and/or processing fees), not by us; (c) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable Affiliate Store or third-party merchant, not by us; and (d) paid by you directly to the applicable Affiliate Store or third-party merchant, not to or through us. If you choose to make a purchase from an Affiliate Store or third-party merchant, any product or service will be purchased directly from the Affiliate Store or third-party merchant (not from us), subject to the Affiliate Store’s or third-party merchant’s terms and policies. Please review those terms, policies, and other documents carefully.
You understand that we operate independently from the third-party Affiliate Stores or merchants and that we do not act as an agent of the Affiliate Stores or third-party merchants or act as a broker, reseller, or distributor of any products or services of third-party Affiliate Stores of merchants. In addition, you understand that we have no control over, and assume no responsibility for, the content, accuracy, policies, or practices of the third-party Affiliate Stores or merchants, including any information that may appear in or on the third-party Affiliate Stores’ or merchants’ applications or websites.
You acknowledge sole responsibility for, and assume all risk arising from, (i) your decision to interact with a product or service, offer, coupon, or discount, (ii) your decision to use Affiliate Stores’ or third-party merchants’ applications or mobile websites, or (iii) your choice to make a purchase through the Plus! application, an Affiliate Store, or a third-party merchant. In addition, you acknowledge that we have no responsibility for, or liability to you in connection with, any products or services that you choose to purchase through or using the Plus! Services, including claims or issues regarding product liability, improper charges, delivery failures, pricing errors, inaccurate product descriptions, or any other theory or issue. You also acknowledge and agree that we cannot be held liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any Affiliate Stores or third-party merchants.
We Are Not Responsible for Affiliate Stores or Third Parties — As described above, if you use Affiliate Stores’ applications or mobile websites or choose to make a purchase through an Affiliate Store or another third-party merchant, you create an independent relationship with that third-party Affiliate Store or merchant, governed by the third parties’ terms of service, privacy policy, and other policies (including applicable exchange and shipping policies). In addition, if you choose to make a purchase from an Affiliate Store, any product or service will be purchased directly from the Affiliate Store (not from us), subject to the Affiliate Store’s terms and policies. Please review those terms, policies, and other documents carefully.
You understand that we operate independently from the third-party Affiliate Stores and that we do not act as an agent of the third-party Affiliate Stores or merchants, or act as a reseller or distributor of any products or services of Affiliate Stores of third-party merchants. You acknowledge sole responsibility for, and assume all risk arising from, your decision to use Affiliate Stores’ or third-party merchants’ applications or mobile websites or choose to make a purchase through the Plus! application, an Affiliate Store, or a third-party merchant. You explicitly release and agree to hold us harmless from any and all claims, disputes, or liability arising from or related to your use of any third-party website or service. If you have a dispute with any third-party (including a merchant from which you purchased a product in connection with the Plus! Services), we have no obligation to become involved.
Contact Affiliate Stores for Customer Service Inquiries or Returns — For customer service inquiries related to the merchant product purchase, please contact the Affiliate Store or third-party merchant from whom you purchased the product. For example, if you experience issues with your purchase, if you wish to return the merchant product, if you ordered a merchant product and it has not arrived, or if you have any other customer service inquiry regarding your purchased product, you must contact the Affiliate Store or third-party merchant to resolve any issues or disputes. We have no role in your merchant product purchase, and we cannot assist you with any customer service inquiries or returns related to that purchase. You must address any issue directly with the Affiliate Store or third-party merchant.
3. Withdrawing or Redeeming Cashback or Other Rewards
Requirements for Redemption — As a condition to withdraw or redeem cashback or other rewards or benefits accrued through the Plus! Services, you must: (i) establish and maintain an active account in good standing; (ii) sign-in to your account; and (iii) elect an applicable payment method, among other requirements described in the Plus! application. Certain withdrawal or redemption options for cashback may require a PayPal account (or similar payee account) and certain versions of the Plus! Services may require you to withdraw or redeem your cashback through a third-party platform (for example, the “Wallet” or similar feature provided by your mobile carrier). If you elect to receive a payment via PayPal or a similar payee account, you must provide a valid email address or other sign-on information. As set forth above, you must keep your account information (and any associated third-party platform accounts) accurate, complete, and up to date.
In addition, you must not be a resident of a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person” or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity as a condition to withdrawing or redeeming cashback or other rewards.
Accruing Cashback and Account Adjustments — Please note that accrual rates for cashback offers or other rewards or benefits vary depending upon the Affiliate Store’s or third-party merchant’s policies, the time period required to confirm your applicable purchase(s), reporting schedules, and the terms and conditions of the particular offer. For example, certain cashback offers may only apply to eligible products or services from an Affiliate Store or third-party merchant, not your entire order; in that case, you would only accrue cashback on the subtotal of the eligible items, not the subtotal of your entire order. We will determine, in our sole discretion, whether a purchase made through an Affiliate Store or third-party merchant qualifies for cashback pursuant to these Terms and the applicable offer and associated terms and policies.
In addition, we may deduct cashback from your account to adjust for returns, cancellations, or lack of confirmations of applicable purchases made by you through cashback offers. We would make any adjustments pursuant to these Terms, the terms and policies of the Affiliate Store or third-party merchant offer, and applicable laws, rules, and regulations. If you believe that cashback has not been appropriately credited to your account, you must contact customer support within ninety (90) days of the transaction.
In addition, we may, in our sole discretion and without notice, make account adjustments for any cashback that we deem fraudulent, abusive, unethical, suspicious, artificial, or otherwise inconsistent with these Terms, the terms and policies of the Affiliate Store or third-party merchant offer, or any other applicable laws, rules, or regulations. In addition, we may, in our sole discretion and without notice, withhold, delay, or deny your ability to withdraw or redeem cashback based on our suspicion or detection of fraud with your account, the misattribution of cashback by an Affiliate Store or third-party merchant, any anomalies detected by us or the applicable Affiliate Stores or third-party merchants, changes to Affiliate Store or third-party merchant policies, or any actual or suspected violation of these Terms. Our decisions are final.
Fraudulent Activity — We reserve the right to rescind any cashback, bar further cashback or other rewards, or terminate any account that we believe, in our sole discretion, has been or may be abusing the Plus! Services, including by engaging in a pattern of returning products after the corresponding cashback has been credited. Any failure to comply with these Terms, any fraud or abuse relating to the accrual or receipt of cashback or other rewards, or any misrepresentation of any information furnished to us by you or anyone acting on your behalf may result in the termination of your account and the forfeiture of any accrued cashback. If we have any reason to suspect fraudulent activity associated with your account, we reserve the right at any time to make account adjustments and/or withhold, delay, or deny your ability to withdraw or redeem cashback or accrue additional cashback. Our decisions are final.
Exclusions on Cash Back or Other Rewards — YOU EARN CASHBACK ON YOUR NET PURCHASE AMOUNT, WHICH EXCLUDES TAXES, FEES, SHIPPING, GIFT-WRAPPING, DISCOUNTS OR CREDITS, RETURNS OR CANCELLATIONS, AND EXTENDED WARRANTIES. CASH BACK AMOUNTS VARY BY AFFILIATE STORE OR THIRD-PARTY MERCHANT AND PRODUCT CATEGORY AND MAY CONTAIN EXCLUSIONS IN THE TERMS OF THE OFFER AND THE APPLICABLE AFFILIATE STORE OR THIRD-PARTY MERCHANT PAGE, POLICIES, OR TERMS. PLEASE REVIEW THESE TERMS CAREFULLY.
Your Responsibility for Applicable Taxes — You may be taxed on your receipt of cashback or other rewards depending on the tax laws of the applicable federal, state, and local jurisdictions. You acknowledge and agree that you will be solely responsible for any tax liability arising out of the cashback or other rewards that you may receive from your use of the Plus! Services.
4. Our Retained Proprietary Rights; Restrictions on Your Limited License toUse of the Plus! Services
Except for the limited license granted herein, we and our licensors retain all legal right, title, and interest in and to all other elements of the Plus! Services, including all of the intellectual property associated with the Plus! Services, the preinstalled Plus! application, the associated SDK if applicable, the technology and software used to provide the Plus! Services, and improvements or derivative products and services, and all other aspects of the Plus! Services. We reserve all rights not expressly granted to you.
Your Limited License to the Plus! 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 Plus! Services for your own personal (non-commercial) use. You agree not to use the Plus! Services for any other purpose. You also agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from any aspect of the Plus! Services. Any unauthorized use will terminate this limited license and may also violate applicable laws.
Our Use of Your Feedback — If you make suggestions regarding any features, functionality, or performance of the Plus! Services that we adopt, such features, functionality, and performance shall be deemed automatically assigned to AppLovin under these Terms and become our sole and exclusive property.To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.
Eligibility to Use the Platform and the Services — You agree to use the Plus! Services consistent with these Terms and all laws and regulations, including United States export controls. In addition, you may not use the Plus! Services if you: (i) 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; (ii) cannot access or use the Plus! Services in compliance with these Terms under the applicable laws of your jurisdiction; and (iii) have previously been suspended from the Plus! Services.
5. Our Privacy Policy
Our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Plus! Services to you, as well as your rights and choices concerning your information. When you use the Plus! Services, you acknowledge that the Privacy Policy applies. If you do not want us to collect, use, disclose, share, and otherwise process your information in the ways described in our Privacy Policy, you must not use the Plus! Services.
As described above, if you use Affiliate Stores’ applications or mobile websites or choose to make a purchase through an Affiliate Store or another third-party merchant, you create an independent relationship with that third-party Affiliate Store or merchant, governed by the third parties’ terms of service, privacy policy, and other policies (including applicable exchange and shipping policies). Please refer to the applicable privacy policy and other documents to review the applicable practices in relation to your personal data.
6. 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 Plus! Services or any server or network used to support or provide the Plus! 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 Plus! 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 Plus! Services.
7. Report Offers, Coupons, Discounts, or Other Products and Services; Trademark & DMCA/Copyright
Report Offers, Coupons, Discounts, or Other Products and Services — If someone may have violated these Terms, misused the Plus! Services, if you would like to report any mobile apps or other products or services recommended or suggested to you through the Plus! Services, or if you have any other issue you would like to raise with us, please contact us at [email protected].
Trademark & DMCA/Copyright Policy — 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.
8. Third-Party Apps and Content
The Plus! 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.
9. Ending Your Relationship with the Plus! Services (and vice versa)
Termination by Us — We may terminate your access and use of the Plus! 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 at [email protected].
Effect of Termination — Upon any termination or cancellation of the Plus! 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.
10. 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 Plus! Services, or any violation of these Terms.
11. Warranty Disclaimers and Limitation of Our Liability
Nothing in these Terms affects the statutory rights that you may have as a consumer of the Plus! 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 — You access and use the Plus! Services at your own sole risk. We provide the Plus! Services, including the preinstalled Plus! application, the associated SDK (if applicable), and various other integrations, interfaces, features, content, and other products included on or otherwise made available to you through the Plus! 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 Plus! Services, including the preinstalled Plus! application, the associated SDK (if applicable), and various other integrations, interfaces, features, content, and other products included on or otherwise made available to you through the Plus! Services. As set forth above, the Plus! 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 Plus! Services at any time for any reason.
- You expressly agree that your use the Plus! Services at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, about the Plus! Services, 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.
- We do not warrant that the Plus! Services, including the preinstalled Plus! application, the associated SDK (if applicable), and various other integrations, interfaces, features, content, and other products included on or otherwise made available to you through the Plus! Services will be secure, free of viruses or other harmful components, or uninterrupted, that defects will be corrected, or that you will not encounter any connectivity problems or other technical issues.
- YOU ACCESS AND USE THE PLUS! SERVICES AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE PLUS! SERVICES.
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 creating, producing, or delivering the Plus! Services (including our affiliates), will be liable:
- For any indirect, incidental, punitive, special, consequential, liquidated, or punitive damages, including missed savings or reward opportunities, 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 Plus! Services, or for any loss or damage caused by your reliance on information obtained on or through the Plus! Services, even if we have been advised of the possibility of such damages; or
- For the conduct of third parties, such as any operators of external platforms, apps, products or services, websites, or resources, including any Affiliate Stores or third-party merchants. As explained above, if you use Affiliate Stores’ applications or mobile websites or choose to make a purchase through the Plus! application, an Affiliate Store, or another third-party merchant, you create an independent relationship with that third-party Affiliate Store or merchant, governed by applicable terms of service, privacy policy, and other policies (including applicable exchange and shipping policies). 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 engagement with or use of any third-party apps, platforms, products or services, websites, or resources, including any Affiliate Stores or third-party merchants. The risk of engaging with or using any third-party company, including Affiliate Stores or third-party merchants, rests entirely with you.
THE RISK OF USING THE PLUS! SERVICES AND ANY THIRD-PARTY PLATFORMS, APPS, PRODUCTS OR SERVICES, WEBSITES, OR RESOURCES, INCLUDING ANY AFFILIATE STORES OR THIRD-PARTY MERCHANTS, RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THESE THIRD-PARTY.
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 and use of or access to the Plus! Services will not exceed the greater of one-hundred dollars (US$100) or the maximum dollar value of cashback or other rewards or benefits that you received in the one (1) year period immediately preceding the date on which you first assert any such claim. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
12. 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.
13. 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.
14. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, Class Action, Collective Action, and Representative Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES A WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.
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 Plus! Services, most user concerns or issues can be resolved by contacting us through our help center by selecting My Account > Help > Contact Us within the Plus! application to chat with a customer support representative or by sending us an email 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] (Attention: Legal). 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), the relief you seek (including a good-faith calculation of the specific amount in dispute), and information sufficient to identify your account(s). 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, except for certain exceptions described 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 PLUS! 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 suspend or terminate access to the Plus! Services pursuant to these Terms.
Small Claims Court — 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.
Our Right to Opt-Out of Mass Arbitrations — In addition, if ten or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated, we have the right to opt out of the provisions of this Agreement to Arbitration and elect to resolve the claim through small claims court (if applicable) or courts of general jurisdiction (rather than through arbitration) by providing notice to the other parties (and the arbitration provider) of that opt out and election 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 (if applicable) or courts of general jurisdiction in lieu of arbitration.
Procedure for Arbitration
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the (i) Streamlined Arbitration Rules & Procedures of JAMS and (ii) the Mass Arbitration Procedures and Guidelines of JAMS if five or more demands for arbitration are filed that share common factual or legal issues and if counsel for the parties submitting those demands are the same or coordinated (collectively the “Rules”), as modified by these Terms. The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/ and https://www.jamsadr.com/mass-arbitration-procedures. 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/). Your arbitration demand must include an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), the relief you seek (including a good-faith calculation of the specific amount in dispute), and information sufficient to identify your account(s). In addition, your arbitration demand must demonstrate your compliance with the preconditions to arbitration outlined above (e.g., first contacting customer support and then following the Informal Dispute Resolution Process).
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 (but not your attorneys’ fees), 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 a 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.
Consolidated, Class Action, Collective 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, COLLECTIVE 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, COLLECTIVE, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, AND 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, COLLECTIVE, OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
30-Day Right to Opt Out
You have the right to opt out of the provisions of this Agreement to Arbitration within thirty (30) days after first becoming subject to this Agreement to Arbitration by sending us written notice of your decision to opt out to [email protected]. Your notice must include your name, account information, the email address associated with your account (if applicable), and an unequivocal statement that you want to opt out of this Agreement to Arbitration. If you opt out of this Agreement to Arbitration, all other parts of these Terms will continue to apply to you, and we also will not be bound by this Agreement to Arbitration.
Changes to this Section
Notwithstanding any provision in these Terms to the contrary, we agree that, if we make any future material change to this Section, you may reject any such material change by sending us written notice within thirty (30) days of the change to [email protected].
Severability
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.
Survival
This Section shall survive termination of these Terms.
15. Miscellaneous Provisions
Entire Agreement — These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Plus! Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Plus! 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.
16. Contact Us
If you have any questions about these Terms or the Plus! Services, please contact us at [email protected] or the address set forth below:
Attention: Legal
AppLovin Corporation
1100 Page Mill Road
Palo Alto, CA 94304
