If you do not agree to this Agreement, you should not use the Services in any way. The Services are offered to you conditioned on your acceptance without modification of this Agreement, including without limitation, devtodev's right to use all data collected and analysed by the Services.
The Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that (a), if you are an individual, you are at least 18 years old, and (b) if you are a company, you are appropriately licensed and legally permitted to conduct business.
Devtodev reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion, by posting changes athttp://www.devtodev.comor such other URL that devtodev may provide from time to time. Your continued use of any part of the Services following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.
Upon your request and initiation, devtodev may provide you with the Analytics Service, and/or Push Notifications Service, and/or App Monetization Service, and/or Promotion Service by providing you with the access to the software, including the SDK, the analytics reports and related documentation (the Materials).
By integrating devtodev analytics SDK into your app you will be able to receive user behaviour statistics from devtodev supported platforms iOS, Android and Windows phone. By connecting devtodev account to your developer console in iTunes Connect or Google Play you will be able to receive market data. By integrating both available data sources, you will be able to receive all analytical data in a single interface. This data concerns the characteristics and activities of end users of your applications, including daily trends (data on gross, number of new users and sessions in app compared with previous day), monetization (app earnings, transactions, average check, average revenue per user and other monetization metrics), market metrics (data on app downloads, revenues and ratings from iTunes Connect or Google Play), usage (data about app audience: number of active users, their composition average etc.), retention (how many users return to your app on a particular day after first launch).
Under the Push Notifications Service devtodev allows you to deliver your push-notifications to the target users only. Flexible and useful push-delivery wizard allows you to make a sample based on geography, custom events or user segments, and deliver the notifications on the scheduled time. Analytics shows the efficiency of each push-notifications campaign and allows analysing audience reaction to it.
Through the App Monetization Service devtodev allows you to custom design and publish a variety of ad formats, including text ads, banners, and full-screen banners. You may choose where the mobile ads should go and when they run including customization of ad formats and ad spots for each app screen. You may also adjust number of ad impressions to a single user. This feature limits the number of times ads appear to the same person. Available monetization models include CPC-cost per each click on ads and CPI-cost per each install after clicking on an ad. You may also create free cross - promo campaigns for any apps in the same devtodev account as well as track campaign’s efficiency and further user actions in both apps afterwards.
The Promotion Service is designed by devtodev to allow you acquire new users of your app through our devtodev ad network. Devtodev Promotion Service allows you to target traffic by demography, app categories, geography and user activeness, custom design the ad formats, and chose monetization model from the CPC-cost per each click on ads and CPI-cost per each install after clicking on an ad. You may create free cross - promo campaigns for any apps in the same devtodev account as well as track campaign’s efficiency and further user actions in both apps afterwards.
The fees will be posted athttp://www.devtodev.com(or such other URL that devtodev may provide from time to time). Devtodev may change its fees and payment policies for any Service from time to time.
You agree that you are solely liable for all costs, fees, and other expenses resulting from your use of the Services, including, but not limited to, costs owed to your cell phone carrier or mobile provider, fees owed to your ad partners, cell phone coverage fees, data plan costs, and any other additional fees incurred from your cell phone carrier or mobile provider.
To register for the Services, complete the registration process athttps://www.devtodev.com/userAuth/register(or such other URL that devtodev may provide from time to time) by providing devtodev with current, complete and accurate information. You understand that you are solely responsible for maintaining the confidentiality of your password and that you shall be solely and fully responsible for all activities that occur under your username and password. Devtodev shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. You agree to immediately notify devtodev of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is the user's responsibility to change the password, and immediately notify devtodev, so that your account remains both secure and functional.
Subject to the terms and conditions of this Agreement, you may remotely access, view and download the reports generated through the use of devtodev Services (the Reports), which will be stored athttp://www.devtodev.com(or such other URL that devtodev may provide from time to time). Devtodev shall own and retains all right, title and interest in and to Reports and all other results, data and/or information provided to you through the Services (collectively, Results). You may use the Results only in connection with your use of the Services pursuant to this Agreement and not for any other purpose.
You are hereby granted a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install, use, copy and distribute the Materials solely as necessary to use the Services pursuant to this Agreement for applications that you own and control. The rights granted under this Agreement are expressly limited to user’s rights and in no way permit you from further commercialization of the Materials. Any use of the Materials other than as specifically authorized in this Agreement, without the prior written permission of devtodev, constitutes material breach of this Agreement and terminates the license.
You hereby grant to devtodev the limited right to use your company name, trademarks, service marks and/or other distinctive signs to identify you in the devtodev client portfolio in press releases, marketing publications or websites.
You represent and warrant to devtodev that: (i) you are the owner of each application you designate in connection with the use of the Services or that you are legally authorized to act on behalf of the owner of such application for the purposes of this Agreement; (ii) you have all necessary right, power and authority to enter into this Agreement and to perform under this Agreement; (iii) your use of the Services, the delivery and performance by you of the terms and conditions under this Agreement, and, if applicable, devtodev’s use of the data received from your ad partners does not and will not conflict with or violate any agreement or other instrument with a third party applicable to you or otherwise infringe upon the rights of any third party; (iv) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including, without limitation, any relevant data protection or privacy laws); (v) you will comply with and have any and all consents, authorizations and clearances from end users of your applications and, if applicable, your ad partners to allow devtodev to collect, store, and use user data from your end users and, as applicable, your ad partners; and (vi) you will at all times comply with all applicable devtodev policies.
You agree that devtodev may use any User Data it receives from your ad partners in connection with the Services. Your agreements with your ad partners shall not prohibit you from (i) inserting the devtodev tracking URL in your advertisements or other marketing campaigns and (ii) permitting devtodev to use the User Data it receives from your ad partners.
You undertake to comply with applicable privacy and data protection regulations at all times. You are responsible for obtain all necessary consents, permits, authorisations, etc as may be required under applicable law from your users, ad partners and other relevant third parties whose data may possibly be collected and otherwise processed during provision of Services. You agree to obtain all end-user consents required by applicable law before you use the Services. You agree to promptly inform devtodev of any objections relating to the personal data processing by devtodev Services and all additional information necessary to eliminate such user from the tracking scope.
You agree that you will not use any Service in connection with any application labelled or described as a Kids or Children application and will not use any Service (i) in connection with any application, advertisement or service directed towards children, (ii) to collect any personal information from children or (iii) request or permit any ad partner to transmit any personal information from children to devtodev.
Confidential Information includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within ten business days, indicated in writing as "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes publicly known, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed or collected by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.
You agree to indemnify, defend and hold harmless devtodev, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any information that you or anyone using your account may submit or access in the course of using the Services; (ii) your breach of any representation or warranty in, or violation of the terms of this Agreement or any agreement or other instrument with a third party applicable to you; (iii) any violation or failure by you to comply with all laws and regulations in connection with your use of the Services; (iv) any disputes between you and your customers, ad partners, advertisers, third-party ad networks, or publishers; and (v) devtodev’s receipt of any data from your ad partners.
During devtodev provision of Services you may come across hyperlinks to third-party websites or resources. Devtodev has no control over any third-party websites or resources. You acknowledge and agree that devtodev (i) is not responsible for the availability of or access to any such third-party websites or resources, (ii) does not endorse you, your products or services, or any advertising, products or other materials available on or from such third-party websites or resources, and (iii) is not liable for any loss or damage which you may have incurred as a result of the availability of any third-party website or resources, or lack thereof, or your reliance on the accuracy or completeness of any advertising, products or other resources from such third-parties.
End-users of your products and services or with whom you perform any other transactions involving the Services are solely your customers and not customers of devtodev. You are solely responsible for and devtodev has no obligation to monitor or edit, any ads and related URLs, content and subject matter, editorial, text, graphic, audiovisual, and any other information you make available in connection with the Service. You are solely responsible for all matters related to your ad partners, advertisers, third-party ad networks, publishers, and your customers, including without limitation, handling all support services, billing and payment, and any other transactions, inquiries and disputes of any type or nature.
The information and services included in or available through the Services, including the Reports, may include inaccuracies or typographical errors. Devtodev may make improvements and/or changes in the Services at any time, with or without notice. You specifically agree that Devtodev shall not be responsible for unauthorized access to or alteration of the user data or data from your applications.
DEVTODEV DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICES TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, DEVTODEV DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR VIRUS-FREE OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
IN NO EVENT WILL DEVTODEV, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “DEVTODEV PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER ANY THEORY FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THIS AGREEMENT OR THE SERVICES, EVEN IF DEVTODEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. THE DEVTODEV PARTIES’ AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS OR, IF LIMITATION CONSIDERED IMPERMISSIBLE UNDER APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED.
Devtodev reserves the right to discontinue offering the Services or to modify the Services at any time in its sole discretion. If you are dissatisfied with any aspect of the Services at any time, your sole and exclusive remedy is to cease using it. Notwithstanding anything contained in this Agreement to the contrary, Devtodev may also, in its sole discretion, terminate or suspend your access to the Services at any time. Upon any termination of this Agreement, Devtodev will cease providing the Services, and you will delete all copies of Devtodev's analytics site code from your applications and certify thereto in writing to Devtodev within five (5) business days of such termination.
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties agree to substitute such provision to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Devtodev's acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive devtodev's right to act with respect to subsequent or similar breaches. The delay or failure of devtodev to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement and the relationship between you and devtodev shall be interpreted in accordance with the laws of England. Any disputes in relation to or under the Agreement will be solved amicably by the parties. If no resolution is reached within 30 (thirty) days from the initial claim, the parties may refer the dispute to the competent courts of England and Wales.
This Agreement constitutes the entire agreement between you and devtodev and governs your use of the Services, superseding any prior agreements between you and devtodev with respect to the Services.
The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.