AppLovin is an ad network to help enable the purchase and sale of mobile advertisements (collectively, the “Services”). AppLovin may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. AppLovin also reserves the right to cease offering any of the Services.
You must be an individual person, at least 18 years old to use the Site and to register for the Services. By using the Services, you represent and warrant that you are at least 18 years old.
2. Use of Site and Service.
As a User or a User registered to use any of the Services (a “Registered User”), you agree to the following:
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AppLovin is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. AppLovin may assign this Agreement in whole or in part at any time without your consent
The Site and Services are intended for use worldwide. You will use the Services only in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Software from this Site and Services (the “Software”) is further subject to United States export controls. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Risk Assumption and Precautions.
AppLovin is not responsible for the conduct, whether online or offline, of any User of the Site or of the Services. AppLovin is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Users’ or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will AppLovin or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services.
No False Information.
You will not provide inaccurate, misleading or false information to AppLovin. If information provided to AppLovin subsequently becomes inaccurate, misleading or false, you will promptly notify AppLovin of such change.
Unique and Bona Fide Profile.
As a Registered User of the Service, you will create only one unique profile.
If User is a mobile application publisher (“Publisher”), User shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. Users who are Publishers may list assets including but not limited to mobile sites, applications, and device platforms (each a “Mobile Property,” collectively “Mobile Properties”) and make them available for advertisements. Users who are Publishers hereby grant AppLovin all the necessary rights and permissions to: (a) use your Mobile Property trademarks, trade names, logos, copyrights and other intellectual property provided during the course of the Services for the purpose of fulfilling AppLovin’s obligations, and (b) access, index, store and cache requests made from User’s Mobile Properties to the Services, including by automated means and (c) access Mobile Properties to serve AppLovin’s personalized advertisements.
Users who are advertisers may provide content, including but not limited to text links, banners, videos, and graphics (“Advertisements”) for display on a Publisher’s Mobile Property. User agrees to comply with the technical specifications provided by AppLovin to enable proper display of the Advertisements in connection with the Services.
3. Ownership / Confidential Information.
Other than as set out expressly in this Agreement, AppLovin retains all right, title and interest in and to the Services, the Software and Advertisements created by AppLovin (“AppLovin Ads”). You may not copy, modify, distribute, sell, or lease any part of our Services, AppLovin Ads, or included Software, nor may you reverse engineer or attempt to extract the source code of the Software. You will not remove, obscure, or alter AppLovin’s copyright notice or other proprietary rights notices affixed to or contained within the Services, Software, or documentation. User agrees that AppLovin Ads may be used solely for Mobile Properties within AppLovin’s network in connection with the Services.
You agree not to disclose AppLovin Confidential Information without our prior written consent. “AppLovin Confidential Information” includes: (a) all AppLovin software, technology and documentation relating to the Services; (b) the existence of, and information about, beta features in a Service; and (c) any other information made available by AppLovin that is marked confidential or would normally be considered confidential given the nature of the information or the circumstances in which it is presented. AppLovin Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you without use of AppLovin Confidential Information, or that was lawfully given to you by a third party without breach of confidentiality.
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) AppLovin Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
4. User Information.
EU Personal Data.
To the extent you may provide AppLovin with any Personal Data (as such term is defined under the EU General Data Protection Regulation 2016/679), and the processing thereof, shall be governed under the terms set forth in the AppLovin Data Processing Agreement (“DPA”) available at https://www.applovin.com/assets/pdf/dpa.pdf which shall become effective as of May 25, 2018 and will be incorporated into and made a part of this Agreement as of such date.
Use of Anonymous Information for Research.
By using the Services, you agree to allow AppLovin to anonymously use the information provided from you through the Services, to continue AppLovin’s research to improve its Services.
5. Copyright Policy.
AppLovin may terminate the account and access rights of any repeat infringer. If User is a copyright owner or the legal agent of a copyright owner, and User believes that any material used on the Site or Services infringes upon User’s copyrights, User may submit a notification pursuant to our Digital Millennium Copyright Act Notice (www.AppLovin.com/dmca).
Modifications to the Agreement or Services.
AppLovin may need to modify the Agreement (including for clarity any terms incorporated herein, including without limitation the SDK and DPA) from time to time. AppLovin will post on the Site a copy of the modified Agreement, which will become effective 30 days after it is first posted on the Site. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. If any modification is unacceptable to you, you shall cease using the Site and the Services. Your continued access to the Site or the Services will indicate you have accepted the change. We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether.
Modifications to Campaign Information.
Modifications to Campaign Information (as defined below) may be communicated either (i) via User’s online account or (ii) via email by either party. Any modification via User’s online account will be effective immediately. Any modification via email will be effective as follows: (i) for modifications by User, upon email acknowledgment by AppLovin; (ii) for modifications by AppLovin, two (2) days after the date of the email making the modification. “Campaign Information” means the following information with respect to an advertising campaign: start date, end date, pricing, geography, targeting, and total expenditure.
7. Fees and Payments.
AppLovin will provide User with access to an online reporting system. If User is an advertiser under a “pre-payment account” (meaning an account in which User pays for the Services in advance), User shall pre-pay all applicable fees together with any applicable taxes, as described on the Site, in connection with such Services selected by User. If User is an advertiser under a “post-payment account” (meaning an account in which User pays for the Services after invoicing by AppLovin), AppLovin will invoice User based on the numbers in AppLovin’s online reporting system, which numbers will be deemed final and payment will be due from User within thirty (30) days of the end of each month.
If User’s payment method fails or User’s account is past due, AppLovin may take steps to collect past due amounts using any available collection mechanisms. User agrees to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
If User is a Publisher, User shall receive a percentage of the Net Revenue of advertisements associated with User’s use of the Services as solely determined by AppLovin. You understand that pursuant to the terms of this Agreement AppLovin Corporation and AppLovin Limited have entered into agreements with advertisers located in the United States of America and outside the United States of America, respectively. AppLovin Corporation is procuring and is responsible for payment of the services of Publishers for itself and other companies, including AppLovin related companies. Further, you understand that all payments to Publishers will be made by AppLovin Corporation, and the cost of Net Revenue due to Publishers will be borne by the AppLovin entity or other company responsible for the relevant advertising campaign.
“Net Revenue” shall mean revenues actually received by AppLovin from the sale, use or other disposition of advertisements displayed on Publisher’s Mobile Property less sales, use, value added and excise taxes, less any agency commissions, buyer fees, carrier and/or partner fees, and less any allowances actually made or taken for returns, cash discounts or promotional allowances but excluding other revenues indirectly earned, if applicable, for consulting, planning and targeting, copywriting, site building, account management or technical modifications or technical innovations which may be charged by AppLovin to third parties from time to time. The portion of Net Revenue received by User shall be determined on the first Monday of each calendar month, on which day those revenues accrued to User’s account thirty (30) or more days earlier shall become eligible to be paid. Payments to User shall be sent by AppLovin only if User’s earned balance is greater than or equal to $20USD (Twenty Dollars, US). If User’s earned balance is less than $20USD, no check shall be sent until the following calendar month, on the first Monday of which AppLovin shall make the determination anew. Payments will be calculated solely based on AppLovin’s accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by AppLovin in its sole discretion. Invalid activity is determined by AppLovin in all cases and includes, but is not limited to, (i) spam, invalid impressions or invalid clicks on Advertisements generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money and false representation; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (I and ii) above, or (iv) any breach of this Agreement by User.In addition to our other rights and remedies, AppLovin may withhold and offset any payments owed to you under this Agreement against any fees you owe AppLovin under this Agreement or any other agreement.
AppLovin reserves the right to change its fees and to institute new charges at any time, upon prior notice to User. To ensure proper payment, User is solely responsible for providing and maintaining accurate contact and payment information associated with User’s account. AppLovin’s fees do not include Taxes (defined below) and User agrees to pay all applicable Taxes imposed by any government entity in connection with User’s use of the Services. In the event that any authority requires that Taxes be withheld on payments made by User hereunder, User shall pay such Taxes to the appropriate taxing authority in addition to the full amount owed to AppLovin and without deduction from the amount owed to AppLovin. User may provide AppLovin with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case AppLovin will not charge or collect the Taxes covered by such certificate. “Taxes” shall mean any direct or indirect local, state, federal or foreign taxes, levies (including any equalization levy), duties or similar governmental assessments of any nature, including VAT, excise, sales, use, consumption and withholding taxes.
8. Disclaimer of Warranty.
If User is a Publisher, User specifically acknowledges and agrees that AppLovin has no control over (and is merely a passive conduit with respect to) any content that may be submitted or published by any advertiser, and that User is solely responsible (and assumes all liability and risk) for determining whether or not such content is appropriate or acceptable to User.
If User is an advertiser, User specifically acknowledges and agrees that AppLovin has no control over any content that may be available or published on any Publisher Mobile Property (or otherwise), and that User is solely responsible (and assumes all liability and risk) for determining whether or not such content is appropriate or acceptable to User.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLOVIN PROVIDES THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APPLOVIN DOES NOT WARRANT THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. APPLOVIN DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SITE OR THE SERVICES.
From time to time, AppLovin may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at AppLovin’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
9. Limitation of Liability.
Incidental Damages and Aggregate Liability.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL APPLOVIN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLOVIN KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL APPLOVIN’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE NET AMOUNT PAID UNDER THIS AGREEMENT DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM, BUT IN NO EVENT TO EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS (US$10,000). NOTWITHSTANDING ANYTHING IN THE FOREGOING, IF NO AMOUNT HAS BEEN PAID BY OR TO USER IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM, APPLOVIN’S MAXIMUM LIABILITY IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, WILL BE THE AMOUNT OF TWENTY DOLLARS (US$20).
FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS A PARTY’S LIABILITY TO THE EXTENT SUCH EXCLUSION OR LIMITATION WOULD BE UNLAWFUL.
You agree to indemnify, defend and hold harmless AppLovin, its officers, managers, directors and employees, for any claims, demands, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) your use of or inability to use the Site or Services (b) your violation of any term of this Agreement, including your representations and warranties (c) your violation of any right of a third party, or (d) your violation of any applicable laws, rules or regulations. AppLovin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AppLovin in asserting any available defenses.
11. Complaints / Contact.
To resolve a complaint regarding the Site or the Services, contact customer service at care@Applovin.com.
If you are a consumer living in the European Union and you have a complaint, you can also go to the Online Dispute Resolution platform, a service provided by the European Union, which provides an interactive website where you may submit your complaint should you be dissatisfied with our response and attempts to resolve your issue.
12. Communication and Privacy.
13. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or AppLovin may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. AppLovin reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Any fees paid hereunder are non-refundable and non-cancelable. You may terminate your account by following the instructions on the Site, or by sending a notice of cancellation to: care@Applovin.com. Upon termination of the User’s account, User’s right to use the Service will immediately cease and User will remove all AppLovin code from User’s Mobile Properties. Following any termination of any Registered User’s use of the Service, AppLovin reserves the right to send a notice thereof to other Registered Users which whom you have corresponded. The termination or expiration of this Agreement shall not affect any of the provisions of this Agreement which are expressly or by implication to come into or continue in force after such termination or expiration, including Sections 3, 7, 8, 9, 10 and this Section 14 (and any provision hereof required to implement or establish the meaning of the provisions of such Sections). After termination of this Agreement, User will pay AppLovin any amounts owed or invoiced within thirty (30) days of invoice.
14. Software Development Kit.
The Software Development Kit (SDK) is available at http://www.applovin.com/eula and subject to the End User License Agreement therefor (SDK EULA).
User shall be responsible for ensuring that its Mobile Properties are in full compliance with the Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501, et seq.) (“COPPA”). Accordingly, prior to using the Services in connection with any Mobile Property that is directed to children under the age of 13 or could otherwise be subject to COPPA, User shall ensure that it provides notification to AppLovin by appropriately designating each such Mobile Property as a children’s application in the AppLovin platform.
16. Representations and Warranties.
If User is a Publisher, User represents and warrants to AppLovin that: (i) User is the owner of each Mobile Property User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such Mobile Property for the purposes of this Agreement; (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder; (iii) any data supplied or disclosed to AppLovin under or in connection with the Services shall be controlled, collected and transferred in accordance with applicable data protection laws and regulations and (iv) any data supplied or disclosed to AppLovin includes all necessary rights, consents, and permissions for AppLovin to receive, use and transfer such data as set forth in this Agreement. User further represents and warrants to AppLovin that each of User’s Mobile Properties and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (c) comply with the AppLovin Network Policy set forth below in this Section 16.
If User is an advertiser, User represents and warrants to AppLovin that (i) User is the owner of each Advertisement User designates in connection with the use of Services or that User is legally authorized to act on behalf of the owner of such advertisement for the purposes of this Agreement, (ii) User has all necessary right, power and authority to enter into this Agreement and to perform the acts required of User hereunder (iii) any data supplied or disclosed to AppLovin under or in connection with the Services shall be controlled, collected and transferred in accordance with applicable data protection laws and regulations and (iv) any data supplied or disclosed to AppLovin includes all necessary rights, consents, and permissions for AppLovin to receive, use and transfer such data as set forth in this Agreement. User further represents and warrants to AppLovin that each of User’s Advertisements and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances and regulations; (b) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) are free from viruses and any other contaminants of any nature whatsoever; and (d) comply with the AppLovin Network Policy set forth below in this Section 16.
AppLovin Network Policy:
No Advertisement or Mobile Property will contain or link to any content that:
- is lewd, profane, obscene, or indecent, including any content that is violent or pornographic or that contains nudity, explicitly violent or sexual material, or depictions of violent or sexual acts;
- is harassing, threatening, hate-related, abusive, inflammatory or otherwise objectionable, including content used to harass, stalk or threaten a person;
- is false or misleading, including deceptive claims, offers or business practices, including any make-money-fast schemes, chain letters, or pyramid schemes;
- is libelous, defamatory, knowingly false or misrepresents another person;
- is harmful to AppLovin’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party;
- violates any obligation of confidentiality;
- violates the privacy, publicity, moral or any other right of any third party;
- promotes any of the following: alcoholic beverages; tobacco products and related paraphernalia; illegal, prescription or recreational drugs and related paraphernalia; weapons, ammunition or explosives;
- promotes illegal products, services or activities or could facilitate the violation of any applicable law, regulation or governmental policy; or
- requests from its users or prospective users more permissions than are necessary for the proper functioning of the application.
17. General Provisions.
Controlling Law and Jurisdiction.
You agree that California law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of, from, or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts located in San Francisco County, California. You acknowledge and agree that any violation of this Agreement may cause AppLovin irreparable harm, and therefore agree that AppLovin will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that AppLovin may have for a breach of this Agreement.
18. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
19. Non-US Users.
If you are not located in the United States of America then the following provisions shall apply.
Section 18 (General Provisions), first paragraph (Controlling Law and Jurisdiction.) shall be deleted and replaced with:
Jurisdiction. – The Irish courts will have exclusive jurisdiction over any claim, dispute or difference between you and us (including non-contractual disputes or claims) arising from, or related to, a visit to Site, use of the Services, any material published or uploaded to the Site, or otherwise arising from or relating to the Site, the Services or this Agreement.
Applicable Law. – This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
(c) Non Excluded or Limited Liability – Notwithstanding any other provision of this Agreement, nothing in this Agreement excludes or limits any liability which cannot by applicable law be excluded or limited.
(d) Information About AppLovin Limited. – AppLovin Limited is a company registered in Dublin, Ireland under company number 554292. Our registered office is 70 Sir John Rogerson’s Quay, Dublin 2, Ireland.
20. Revision Date.
This Agreement was last revised on April 2, 2018.