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Terms of service

Welcome to devtodev

By ordering any of the devtodev [Dev2Dev a limited liability company, legal entity No 303355874, address Antakalnio g. 17, LT-10312 Vilnius, the Republic of Lithuania] Analytics Platform Services (the Services), the Client agrees to be bound by these Terms and conditions (the Terms).

Analytics Platform Services

By integrating devtodev analytics SDK into the Client’s app the Client will be able to receive user behavior statistics from devtodev supported platforms iOS, Android and Windows phone. By connecting devtodev account to the Client’s developer console in iTunes Connect or Google Play the Client will be able to receive market data. By integrating both available data sources, the Client will be able to receive all analytical data in a single interface (“Report” or other Results form). This data concerns the characteristics and activities of end users of the Client’s 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 average etc.), retention (how many users return to the app on a particular day after first launch) and other analytics of the activities of end users in the app. While using Services, the Client can share Reports with other DevtoDev clients.

Furthermore, devtodev allows the Client to deliver the push-notifications to the target users only. Flexible and useful push-delivery wizard allows the Client 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 analyzing audience reaction to it.

Pricing plans

devtodev offers two different pricing plans for Services:

1. Lite plan, which is free or

2. Pro plan for a monthly payment.

If the Client choose to use the Pro plan, the Client agrees to the pricing indicated onhttps://www.devtodev.com(or such other URL that devtodev may provide) (the Site), which may be changed by devtodev solely from time to time. devtodev may add new services for additional fees solely at any time. Any changes in fees shall become effective following the notice to the Client. The plan will be automatically renewed after 30 days of using the Services and the Client will be billed at the end of that period.

The Services will be performed to you in accordance with the terms applicable to the services that you purchased. The services will be deemed to be successfully delivered to you upon performance of the services.

If you are not 100% satisfied with the Service within the last 30 days, you can contact us within 5 working days for refund. All your previously accumulated data for that period will be deleted.

devtodev can provide to the Client separately agreed Trial period for Services free of charge.

The limited functionality of Services is always available for registered Clients using the Lite plan which is free of charge and explained in more details at the Site.

Registration

The Client shall register for the Services, by providing devtodev with current, complete and accurate information. The Client understands that he is solely responsible for maintaining the confidentiality of the password and that shall be solely and fully responsible for all activities that occur under the Client’s 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. The Client agrees to immediately notify devtodev of any unauthorized use of the password or username or any other breach of security. If a password is lost or stolen, it is the Client's responsibility to change the password, and immediately notify devtodev, so that the Client’s account remains both secure and functional.

By registering for the Services, the Client creates a company (owner) profile (Space). Only the owner profile will receive information about the pricing and will be able to accept these Terms and/or to sign other documents.

By registering for the Services, the Client agrees to receive all marketing communications from devtodev.

Reports and Results

According to the Terms, the Client may remotely access, view and download the reports generated using devtodev Services, which will be stored at the Site, or/and download raw (not aggregated) data.devtodev shall own and retain all right, title and interest in and to Reports and all other results, data and/or information provided to the Client through the Services (collectively, the Results). The Client may use the Results only in connection with the use of the Services pursuant to Terms and not for any other purpose.

Limited License

devtodev shall have and retain all intellectual property rights with respect to the materials, Reports and other intellectual property objects developed by devtodev under these Terms.

The Client is hereby granted a nonexclusive, limited, non-transferable, revocable and non-sublicensable license to install, use, copy and distribute the materials, Reports and other developed intellectual property objects solely as necessary to use the Services pursuant to these Terms for applications that the Client own and control. The rights granted under these Terms are expressly limited to user’s rights and in no way permit the Client from further commercialization of the materials, Reports and other intellectual property objects. Any use of the materials, Reports and other intellectual property objects other than as specifically authorized in these Terms, without the prior written permission of devtodev, constitutes material breach of the Terms and terminates the license.

By accepting the Terms, the Client hereby grants to devtodev the limited right to use the Client’s company name, trademarks, service marks and/or other distinctive signs to identify the Client in the devtodev client portfolio in press releases, marketing publications or websites.

Representations and Warranties

The Services are available only to individuals who are at least 18 years old and to companies that are legally permitted to conduct business.

The Client represents and warrants to devtodev that: (i) the Client is the owner of each application which the Client designate in connection with the use of the Services or that the Client is legally authorized to act on behalf of the owner of such application for the purposes of the Terms; (ii) the Client has all necessary right, power and authority to enter into the Terms and to perform under the Terms; (iii) the use of the Services, the delivery and performance, and, if applicable, processing the data under the Terms does not and will not conflict with or violate laws or agreements with third parties and will not infringe the rights of data subject or any third party; (iv) the Client has all necessary legal grounds to control and process personal data according to General Data Protection Regulation 2016/679 and the processing complies the EU and Lithuanian data protection laws, including automated decision-making and profiling; (v) the Client has all consents, authorizations and clearances from end users of the Client’s applications and, if applicable, the Client’s ad partners that allows devtodev to collect, store, analyse data of end users.

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/approval of the Client.

The devtodev’s total limited liability shall not exceed the total amount of fees paid by the Client to devtodev during the last 6 months period.

Indemnity

Unless prohibited by applicable laws the Client agrees 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 the Client or anyone using the Client’s account (profile) may submit or access by using the Services; (ii) the Client’s breach of any representation or warranty in the Terms; (iii) any violation or failure by the Client to comply with laws in connection with the Client’s use of the Services; (iv) any disputes between the Client and the Client’s customers, ad partners, advertisers, third-party ad networks, or publishers; and (v) devtodev’s processing of any data received from the Client’s or it`s ad partners.

Third Parties

During devtodev provision of the Services the Client may come across hyperlinks to third-party websites or resources. devtodev has no control over any third-party websites or resources. The Client acknowledges and agrees that devtodev (i) is not responsible for the availability of or access to any such third-party websites or resources, (ii) does not endorse the Client, the Client’s 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 the Client may have incurred as a result of the availability of any third-party website or resources, or lack thereof, or the Client’s reliance on the accuracy or completeness of any advertising, products or other resources from such third-parties.

End-users of the Client’s products and services or with whom the Client performs any other transactions involving the Services are solely the Client’s customers and not customers of devtodev. The Client is 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 the Client makes available in connection with the Service. The Client is solely responsible for all matters related to the Client’s ad partners, advertisers, third-party ad networks, publishers, and the Client’s customers, including without limitation, handling all support services, billing and payment, and any other transactions, inquiries and disputes of any type or nature.

Privacy and Data Processing

As a condition of the access to the Services, the Client allows devtodev to collect, retain, use and publish data in an aggregate manner according to its Privacy Policy available at the Site.

The personal data received from the Client will be processed by devtodev only for the purpose to provide the Services under these Terms. devtodev processes data in accordance with the General Data Protection Regulation 2016/679 and other EU and Lithuanian data protection laws. devtodev process the personal data solely on the Clients instructions.

Providing the Services, devtodev should process the following categories of data:

1) Data about the player’s device (including but not limited to: device manufacturer, device model, language, OS type, OS version, rooted/jailbroken OS flag, screen resolution, screen PPI, user agent string, timezone, tracking status, app version, devtodev SDK version, push token, IDFA, IDFV, Advertising ID, Serial ID, ID generated by devtodev SDK, base64 from DeviceUniqueId).

2) Data about the player’s usage of the game (including but not limited to: session start, activity period, install source, install date, last seen date, anonymized IP, country).

3) In-game events (including but not limited to: tutorial steps, levelling up, payments, in-app purchases, custom events, progression events, connection to social networks (fact), posting to social networks (fact), method of limiting the processing of user data).

4) Data about the player (including but not limited to: device ID, cross platform ID, user level, cheater flag, channel, custom user property).

5) Third party advertising traffic trackers (including but not limited to: Adjust, Tune and AppsFlyer) and allow the devtodev to access advertising-related player data (such as information about end-user’s device, install origin, advertising campaign data).

6) Third party app stores data (such as: Google Play and iTunes) allowing devtodev to access payment-related player data (such as transaction ID, time and amount).

The Client is responsible for obtaining end-users consent, including consent for data profiling, required by General Data Protection Regulation 2016/679 and providing relevant information to data subjects (end-users).

Confidential Information

“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 Terms or if required by law, regulation or court order. Upon termination of this Terms, the parties will promptly either return or destroy all “Confidential Information” and, upon request, provide written certification of such.

Modifications to and Termination of the Terms

devtodev reserves the right to change or modify the Terms posting changes at the Site. A continued use by the Client of any part of the Services following the posting of such changes or modifications will constitute the acceptance of the modified Terms. Client's prior written approval of changes and modifications of the Terms should be received if changes are related to the processing of the Client's personal data of end-users.

The Client may change the Terms solely by switching from Pro plan to Lite plan.

devtodev reserves the right to discontinue offering the Services at any time in its sole discretion. If the Client is dissatisfied with any aspect of the Services at any time, the Client’s sole and exclusive remedy is to cease using it. Notwithstanding anything contained in the Terms to the contrary, devtodev may also, in its sole discretion, terminate or suspend the Client’s access to the Services or any part thereof or terminate the Terms informing the Client about the termination (suspension) before 5 business days. Upon any termination of the Terms, devtodev will cease providing the Services, and the Client will delete all copies of devtodev 's analytics site code from the Client’s applications.

devtodev has the right to terminate the Terms with immediate effect or discontinue the Service for the duration of the delay if the Client neglects to pay the fees as agreed.

The Client has the right to terminate the Terms immediately without notifying devtodev, deleting their account, app(s). If the Client terminates the Terms pursuant to this section, devtodev is entitled to charge the fees occurred prior to termination of the Terms.

Waiver and Severability

If any provision of the Terms is held to be invalid or unenforceable, the parties agree to substitute such provision to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. devtodev's acquiescence in the breach of a provision of this Terms 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 the Terms shall not constitute a waiver of such right or provision.

Choice of Law

The applicable law of the Terms and the relations arising out of the Terms between the Parties, including the issues of conclusion, validity, invalidity and termination of the Terms, is the law of the Republic of Lithuania.

Any dispute, arising out of or relating to this contract, shall be finally settled by arbitration in the Vilnius Court of Commercial Arbitration in accordance with its Rules of Arbitration. The number of arbitrators shall be 1 (one).

All notifications concerning the fulfilment of the Terms will be made in writing, by e-mail or a similar method using the contact details specified in the Terms.

Entire Terms

The Terms and its support documents constitute the entire agreement between the Client and devtodev and governs the Client’s use of the Services.

Coming into effect

The Terms and is`s support documents come into force from the moment of the Client’s registration for Services and shall be effective until the proper and complete execution of the obligations of the Parties under the Terms.