PLEASE READ THESE TERMS OF SERVICE BEFORE ACCEPTING THEM AND USING APPSFIRE S.A.S (“APPSFIRE”) SERVICES.
Appsfire Service(s) or Service(s) - All services Appsfire offers on or via www.appsfire.com and/or Appsfire SDK and/or its mobile applications
Engagement Services - All services helping publishers interact with their users in the form of notifications, messages and feedback by utilizing the Appsfire SDK
Monetization Services - All services which enables the publisher to generate payouts, in particular by distributing Appsfire Ads via the Appsfire SDK
Publisher - The owner/operator of mobile apps which utilize an Appsfire Service
Publisher app(s) - The mobile application owned/operated by the Publisher and makes use of Appsfire Services
Payout Grid - A monthly updated document which describes the rubric for payout calculation when making use of Appsfire Services.
Monthly Report - A report calculated during the first seven days of each month which refers to the preceding month and contains the final and most accurate payout incurred by Publisher in that month.
Appsfire Ads - Advertisements which are made by Appsfire, for advertisers interested in distribution of their app(s), and that are distributed by Appsfire
Site - www.appsfire.com
Balance - The amount of payout earned by the Publisher and which was not yet remunerate by Appsfire
These Terms of Service set forth the conditions under which Appsfire Services (as described herein) are provided.
Appsfire develops the Appsfire SDK (SDK) which you may integrate in your mobile app for the purpose of engaging and communicating with your app’s users (Engagement) and/or for the purpose of generating revenues via ad placements (Monetization). Integration of the SDK should be made according to the documentation which is accessible via the Appsfire dashboard (Dashboard) available on Appsfire.com (Site) - altogether, the Services.
By using the Services, you agree to be bound by the terms and conditions contained herein (the “Terms of Service”) which may be updated by Appsfire from time to time without prior notice. If you do not agree to the terms and conditions contained in these Terms of Service, you may not access or otherwise use the Services.
We may, in our sole discretion, modify these Terms of Service with or without your notice. By continuing to access and use the Services after these Terms of Service have been modified, you are agreeing to such modifications.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Services. Appsfire may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
In order to use the Services, you are required to register with Appsfire and enter your email address which will be used by Appsfire for all future communication including maintenance announcements, Service modifications, payout updates etc. and so it is required that you enter a valid email address to which you have constant access.
These Terms of Service are effective as long as or until terminated either by you or by Appsfire. You may terminate these Terms of Service at any time, provided that you discontinue any further use of the Services. Appsfire also may terminate or suspend these Terms of Service, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in Appsfire's sole discretion you fail to comply with any term or provision of these Terms of Service or your use is harmful to the interests of Appsfire and/or our business partners. Altering, modifying or changing the visual design or functionality of Appsfire Engagement Services on the Publisher App from the way it is presented on the SDK documentation would be regarded as a misuse of Appsfire SDK for that matter. Appsfire reserves the right to immediately terminate the Services and revoke any payouts if Publisher acts, via our Services or regardless, in a manner which contradicts applicable law and standards.
If you are using Appsfire services to monetize your apps with ads, Appsfire reserves the right to immediately pause your use of the services in the case of not satisfying performance of ads in your inventory, until the parties have put in reasonable efforts to improve performance to an acceptable level, at Appsfire’s discretion. Publisher agrees herein that he shall not transfer, re-sell, broker or run Appsfire Ads on any media other than those owned or managed by Publisher and which were approved by Appsfire in advance.
Appsfire reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Appsfire shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
Appsfire grants you a limited, revocable, non-transferable, non-exclusive and non-sublicensable license during the Services term to use the Appsfire SDK solely to access the Appsfire Services and solely to the extent permitted hereunder. Except to the limited extent expressly provided in these Terms of Service, Appsfire does not grant, and you will not acquire, any right, title or interest (including, without limitation, any implied license) in or to any Appsfire intellectual property rights; and all rights not expressly granted herein are reserved to Appsfire.
The Appsfire SDK may be downloaded from Appsfire’s site and is to be implemented into mobile apps according to the documentation as it is published and updated from time to time on the Site.
You hereby grant Appsfire the right to access, index, store, cache requests and usage data made from user's device to the Service.
Payment required for Engagement Services - Appsfire Engagement Services are free of charge unless an app surpasses a threshold of 1,000,000 Monthly Active Users and/or utilizes messaging by more than 1,000,000 messages per month.
Publishers who utilize the Appsfire Monetization Services (by distributing Appsfire Ads) are exempt from payment.
Payouts by Appsfire to Publishers distributing Appsfire Ads, are made on a monthly schedule and according to the Payout Grid. Each month, typically by the 7th day of that month, Appsfire calculates the Monthly Report for the preceding month, and makes a payment if Balance is above US$500. The Payout Grid and its terms are subject to change by the Appsfire team from time to time.
You agree that any payments that may become due to you (as described in these Terms of Service and on the Site) are specifically conditioned upon Appsfire's receipt of full payment from the applicable advertiser. If Appsfire does not receive the applicable payment in full from any such advertiser, Appsfire shall have no liability or responsibility to you (and you hereby release Appsfire) with respect thereto.
You agree that Appsfire, in its sole discretion, will utilize, on your app, whatever parts of inventory it sees fit according to its own considerations and optimization calculations. Appsfire shall not be liable for any payment based on (i) any fraudulent impressions generated by any person, robot, automated program or similar device or for fraudulent impressions similarly generated on any advertisements, as reasonably determined by Appsfire; (ii) impressions commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above; (iii) any breach of these Terms of Service by you, (iv) if the Publisher’s app, at any time, infringes the law and in particular any copyright or registered trademark or (v) if the Publisher App is no longer distributed in Apple’s App Store or Google Play Store
You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services.
The Appsfire dashboard represents the data which was accumulated and updated once every few hours, and is not binding Appsfire for payout. The only payout binding information is the one represented in the Monthly Report.
Appsfire does not knowingly collect any personal information from children under the age of 13. Should your Mobile Properties be directed to children under the age of 13 or should you collect information from children under the age of 13 (further collectively referred as “Children’s Content”), we require you at all times to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), as amended from time to time. We require you to use the tools available in the Appsfire Services to designate users of your Mobile Properties that are under 13 or who have otherwise opted-out of personal information collection. Should you choose not to designate such users, we will assume that such users are not under the age of 13 or have not opted-out of personal data collection. Appsfire will not actively monitor your Mobile Properties for Children’s Content and compliance with COPPA, therefore, we disclaim liability for your failure to properly designate users through the Appsfire Services and your failure to honor your obligations set forth herein.
You agree that you will not use the Appsfire SDK, or the Services, generally, to:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, APPSFIRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN these Terms OF SERVICE, APPSFIRE MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPSFIRE OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms OF SERVICE.
APPSFIRE SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION, (B) FOR ANY INCORRECT OR INACCURATE INFORMATION, (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (E) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN APPSFIRE AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF APPSFIRE FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM APPSFIRE ON THE SERVICES DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID APPSFIRE ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH APPSFIRE IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms of Service, the term "including" shall be deemed to be followed by the words "without limitation."
The failure of Appsfire to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms of Service must be filed within one year after such claim or cause of action arose, or will be forever barred. The "General Disclaimers; Limitation of Liability" provisions of these Terms of Service are for the benefit of Appsfire as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
If you have any comments, questions, or complaints regarding these Terms of Service or the Services, or wish to report any violation of these Terms of Service, please email us at firstname.lastname@example.org
Read below to to get an overview of what our service entails. If you have any concerns that aren't covered here, please contact us at (support [at] appsfire [dot] com).
Appsfire typically does not collect any data beyond the cookie (see section below) on it's web properties not involving an explicit login with Appsfire (direct login or via Facebook Connect).
Once you activate an Appsfire profile on your desktop or mobile device, we create a personal, private account. Appsfire collects some information from your account in order to provide you and other users with recommendations and promotional services. Account information on a given user may include elements of the following list that may evolve over time: IP address, an email, a list of applications (owned or favorited), an OpenUDID, UDID, and preference settings for that user.
Appsfire may use the information mentioned above in order to improve its service. For example, we may aggregate this data in an anonymous way to analyze how many users are sharing apps in a particular category.
This information is stored safely and securely.
Appsfire may create a "cookie" in your browser containing an identification number that is unique to the computer you are using. We may use this cookie to provide you with a smooth experience.
Logs are used to record how our site/service is being used. As with most websites, we log each visit to each web page. A log entry can contain information typically found in the "header" of your web browser's request such as the browser type you used, your internet protocol address, and the date and time of day. We may also log your cookie's identification number and the URL of the last site you visited. This log information is important for security, audit, and quality improvement, as well as for monitoring the health of our service.
Appsfire is registered with the CNIL agency under numbers 1427639 and 1427638. The CNIL enforces its data protection act, and is part of a European "data protection directive" which seeks to harmonize privacy concerns in Europe and beyond.