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 at https://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 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. 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 tothe app on a particular day after first launch).
Under the Push Notifications Service 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.
Through the App Monetization Service devtodev allows the Client to custom design and publish a variety of ad formats, including text ads, banners, and full-screen banners. The Client may choose where the mobile ads should go and ad spots for each app screen. The Client 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. The Client 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 the Client to acquire new users of the Client’s app through the devtodev ad network. devtodev Promotion Service allows the Client 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. The Client 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.
If the Parties agree so and sign a separate Analytical Assistance Schedule, devtodev will provide to the Client the analytical assistance services the scope of which will be set forth in separate schedule, which, if signed by both Parties, will be attached hereto and incorporated herein by this reference.
The fees will be posted at https://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.
The Client agrees that it is solely liable for all costs, fees, and other expenses resulting from the use of the Services by the Client including, but not limited to, costs owed to the Client’s cell phone carrier or mobile provider, fees owed to the Client’s ad partners, cell phone coverage fees, data plan costs, and any other additional fees incurred from the cell phone carrier or mobile provider.
To register for the Services, the Client shall complete the registration process at the site 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 he 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.
According to the terms and conditions of this Agreement, the Client may remotely access, view and download the reports generated through the use of devtodev Services (the “Reports”), which will be stored at https://www.devtodev.com(or such other URL that devtodev may provide). devtodev shall own and retains 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 this Agreement and not for any other purpose.
Except as specifically set forth in writing and signed by both Parties, devtodev shall have and retain all intellectual property rights with respect to the Materials, Reports and other intellectual property objects developed by devtodev under this Agreement.
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 this Agreement for applications that the Client own and control. The rights granted under this Agreement 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 this Agreement, without the prior written permission of devtodev, constitutes material breach of this Agreement and terminates the license.
By accepting this Agreement, 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.
The Client represent and warrant to devtodev that: (i) he 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 this Agreement; (ii) the Client has all necessary right, power and authority to enter into this Agreement and to perform under this Agreement; (iii) the use of the Services, the delivery and performance by the Client of the terms and conditions under this Agreement, and, if applicable, devtodev’s use of the data received from the Client’s and partners does not and will not conflict with or violate laws, any agreement or other instrument with a third party applicable to the Client or otherwise infringe upon the rights of data subject or any third party; (iv) the Client has all necessary legal grounds according to GDPR and complies EU and Lithuanian data protection laws to process personal data, includingautomated decision-making, including profiling, and use Services; (iv) the Client 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) the Client will comply with and have any and all consents, authorizations and clearances from end users of the Client’s applications and, if applicable, the Client’s ad partners to allow devtodev to collect, store, analyse and use User data from the Client’s end users and, as applicable, the Client’s ad partners; and (vi) the Client will at all times comply with all applicable devtodev policies.
The data to be processed providing Services concern the following categories of data:
1) Data about the player’s device (such as device manufacturer, device model, language, OS type, OS version, rooted/jailbreaked 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 (such as session start, activity period, install source, install date, last seen date, anonimyzed IP, country).
3) In-game events (such as 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 (such as device ID, crossplatform ID, user level, cheater flag, channel, custom user property).
5) Third party advertising traffic trackers (such as 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).
“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.
Unless prohibited by applicable law 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 may submit or access in the course of using the Services; (ii) the Client’s 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 the Client; (iii) any violation or failure by the Client to comply with all laws and regulations 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 receipt of any data from the Client’s ad partners.
During devtodev provision of 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.
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/approval of the Client under this Agreement. The Client specifically agrees that devtodev shall not be responsible for unauthorized access to or alteration of the User data or data from the Client’s 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 the client.
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 the Client 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 100 (one hundred) euro or the amount the Client paid to devtodev in the past twelve months or, if limitation considered impermissible under applicable law, to the fullest extent permitted.
devtodev reserves the right to change or modify any of the terms and conditions contained in this Agreement posting changes at https://www.devtodev.comor such other URL. 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 such changes or modifications. The Client’s use of modified Services is subject to those modified terms and conditions, which are incorporated into this Agreement by this reference. Client`s prior written approval of changes and modifications of the terms and conditions should be received if changes are related to the processing of the Client`s personal data.
devtodev reserves the right to discontinue offering the Services or to modify 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 this Agreement 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 Agreement at any time. Upon any termination of this Agreement, devtodev will cease providing the Services, and the Client will delete all copies of devtodev 's analytics site code from the Client’s applications and certify thereto in writing to devtodev within 5 business days of such termination.
devtodev has the right to terminate the Agreement with immediate effect or discontinue the Service for the duration of the delay if the Client neglects to pay the contractual fees as agreed. In all other cases, the Client has the right to terminate the Agreement immediately without having to apply to the court, notifying devtodev thereof in writing not later than 14 (fourteen) business days in writing and without giving the reason for the termination of this Agreement. If the Client terminates the Agreement pursuant to this section, devtodev is entitled to charge the payments accrued prior to termination of the Agreement from the Party.
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.
The applicable law of the Agreement and the relations arising out of the Agreement between the Parties, including the issues of conclusion, validity, invalidity and termination of the Agreement, is the law of the Republic of Lithuania.
The Parties agree to resolve any disputes arising from the Agreement primarily through negotiations. If the matter cannot be resolved through negotiations within thirty (30) days of the commencement of the negotiations, the dispute will be finally settled by the court of the Republic of Lithuania.
All notifications concerning the fulfilment of the Agreement will be made in writing, by e-mail or a similar method using the contact details specified in the Agreement.
This Agreement constitutes the entire agreement between the Client and devtodev and governs the Client’s use of the Services, superseding any prior agreements between the Client 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.