Thank you for using appnext. Please read the terms and conditions set forth below carefully as they contain the legal terms that govern your use of any Website, Web page, Software Development Kit, app and/or Web or Other Service (collectively "Service") operated or provided by AppNext Ltd. The terms and conditions may be modified by appnext from time to time in its sole discretion and posted on www.appnext.com (the "Site") so please return to the terms and conditions from time to time to review them. Participation in the appnext online services indicates that you accept these terms and conditions (the "Agreement"). If you do not agree with any of the terms and conditions you may not use this Service. "You" or "Your" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency, network or other third party that has access to Your account and/or Your Services (as defined above), which will also be bound by the terms and conditions of this Agreement. The appnext 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, that you are appropriately licensed and is legally permitted to conduct business. This Agreement constitutes the entire and only agreement between You and AppNext, Ltd. ("appnext"), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service provided by appnext, and the subject matter of this Agreement.
Description of the Services
If you are a publisher during the Services Term (as defined below), Appnext will serve to You advertisements provided by third party advertisers ("Services Ad(s)"), for display on the app(s) which use the Services ("Services App(s)"), based upon the criteria selected by You and/or Your advertisers via the protocol and/or user interface provided by Appnext for accessing the Services. This protocol and/or user interface may be updated by Appnext from time to time without notice to you ("Services Interface"). If you are an advertiser during the Services Term, you will provide Services Ads for display on the Services Apps.
Implementation of Services
You will implement the Services in a manner that complies with the technical and implementation requirements provided on the Site or in writing by Appnext to You from time to time, including those instructions contained in the documentation regarding the Services Interface. Without limiting the foregoing, You acknowledge and agree to the following:
a) Services Obligations. In order for the Services to work correctly on mobile platforms, You must provide the following information with every ad request: (i) a Unique Device Identifier or other Device ID, (ii) Ad Unit ID, mapped to the correct application that is in use by the end user, (iii) device type, (iv) language, (v) OS version, (vi) SDK version, (vii) device model, (viii) display type and (ix) country. You must also notify appnext when an application is opened by the user. You will be solely responsible for all, without limitation, Services Ad content, Services Ad information, Services Ad URLs, editorial, text, graphic, audiovisual, and other content and any other information You enter into the Services, whether generated by or for You ("Services Data"). You will protect any Services accounts, usernames or passwords and take full responsibility for Your own, and third party, use of any Services accounts, usernames or passwords. You will obtain appnext's prior written consent (to include email) for any third party use of the Services except for (i) a third party's use solely to provide analytics information for Your Apps and (ii) a bona fide advertising agency's use. If You permit any third party to access your Services account, you agree that You are liable for any such third party usage. You will not permit access to the third party unless and until it agrees to comply with appnext's terms and conditions. Any data collected or accessed through the Services must be directly accessible by appnext. Your use of an intermediary who has sole direct access to user data arising from the Services is prohibited.
c) Prohibited Actions. You will not, and will not allow any third party to: (a) directly or indirectly access, launch and/or activate the Services through or from, or otherwise incorporate the Services in, any software application, website or other means other than the Services App(s), and then only to the extent expressly permitted herein; (b) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co- branding, timesharing, service bureau or other unauthorized purposes the Services or access thereto (including, but not limited to ads, including without limitation Services Ads, or any part, copy or derivative thereof); (c) directly or indirectly generate queries, or impressions of or clicks on ads, including without limitation Services Ads, through any automated, deceptive, fraudulent or other invalid means (including, but not limited to, click spam, robots, macro Services, and Internet agents); (d) encourage or require end users or any other persons, either with or without their knowledge, to click on ads, including without limitation Services Ads, through offering incentives or any other methods that are manipulative, deceptive, malicious or fraudulent; (e) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services, appnextʼs then current protocol for accessing and implementing the Services (the "appnext Protocol"), or any other appnext technology, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (f) remove, deface, obscure, or alter appnextʼs copyright notice, trademarks or other proprietary rights notices affixed to or provided as a part of the Services, the appnext Protocol, or any other appnext technology, software, materials and documentation; (g) create or attempt to create a substitute or similar service or product through use of or access to any of the Services or proprietary information related thereto; or (h) utilize any feature or functionality of the Online Services, or include anything in Services Data or Services Ads, that could be so utilized, to personally identify and/or personally track individual end users or any other persons.
d) Restrictions. You must use the Services only for serving advertisements and promotions to Services Apps. You may use the Services only with free Apps. You may not use the Services to serve other content. You may not serve advertisements that interfere with the correct operation of the userʼs mobile device. You may not use the Services with Services Apps that: (i) promote or depict illegal activity or violence, (ii) advocate against a particular group , (iii) infringe a third party's rights, (iv) introduce viruses, spyware, and malware, (v) contain sexually explicit content, (vi) depict illicit drugs and drug paraphernalia, (vii) promote online casinos and gambling, (viii) promote weapons or ammunition, (ix) promote hard alcohol, (x) could harm minors in any way, or (xi) contain any content that is illegal, promotes illegal activity, misleading, inaccurate, or infringes on the legal rights of others.
e) No Endorsement. appnext does not represent or endorse any ads, links, content, advice, opinion, offer, proposal, statement, data or other information from any third party products/services ("Disclaimed Content") that is displayed or distributed through Online Services. appnext hereby disclaims any liability or responsibility for any Disclaimed Content. appnext reserves the right, but will have no responsibility, to edit, modify, refuse to post or remove any Disclaimed Content, in whole or in part, that in appnext, in its sole and absolute discretion, deems is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Agreement.
Services Term. This Agreement will be effective as of the date appnext activates Your Services account and will continue until terminated as provided in this Agreement (the " Services Term"). You may terminate this Agreement, with or without cause, at any time by sending written notice of Your desire to cancel Your participation in the Services to email@example.com. This Agreement will be deemed terminated within ten (10) business days of appnextʼs receipt of Your notice. If You violate this Agreement, appnext may in its sole discretion, without notice, terminate this Agreement, or suspend or terminate the participation of Your Services App in all or part of the Services. In addition, appnext may terminate this Agreement, or suspend or terminate the participation of Your Services App in all or part of the Services, with or without cause, upon thirty (30) dayʼs prior notice. Services Advertiser Obligations. You will be solely responsible for all matters related to Your third party advertisers who provide advertisements to You in connection with the Services ("Services Advertisers"), including without limitation the solicitation and trafficking of Services Ads, billing and payment of Services Advertisers, providing all technical support services to Services Advertisers, and handling all other inquiries and disputes of any type or nature. Services Fee. Some of the services in the Services require payment of fees. appnext reserves the right to change its price list and to institute new charges at any time, upon thirty (30) days prior notice to You, which may be sent by email or posted on the Site. If You are an advertiser, You will pre-pay all applicable fees, as described on the Site unless otherwise agreed to in writing by an authorized appnext representative. If You are an advertiser and choose to run a Cost Per Install ("CPI") campaign without having properly integrated the appnext SDK for tracking purposes, You will be charged $0.10 per click for all the clicks delivered in that campaign, and the campaign will be automatically terminated when detected. Impressions and clicks are tracked instantly. Installs are tracked whenever a user opens the application they have downloaded. appnext will keep the install loop open for a period of 21 days. During this time, installs will still be reported for campaigns that might be off (not displaying any new impressions) but the advertiser will still be accountable for the install and the publisher will be paid for installs coming from clicks that they delivered in the past. This only affects CPI campaigns, not Cost Per Click ("CPC").
If You are a publisher of network advertising campaigns, You will receive a percentage of Net Revenue. "Net Revenue" means revenues actually received by appnext from the sale, use or other disposition of advertisements that are part of network advertising campaigns displayed on publisher's Services App less taxes, agency commissions, carrier and/or partner fees, and any allowances actually made or taken for returns, cash discounts or promotional allowances. The portion of Net Revenue received by publisher shall be determined on the first day of each calendar month, on which day those revenues accrued to publisher's in the previous month shall become eligible to be paid. Until notified in writing otherwise, the portion of Net Revenue paid is seventy percent (70%). Payments to publisher shall be sent by appnext only if publisher's earned balance is greater than or equal to $200 (Two Hundred US Dollars). If publisher's earned balance is less than $200, no payment shall be sent until the following calendar month, on the first day of which appnext shall make the aforesaid determination anew. In addition, if You are a publisher, You agree that any payments that may become due to You are specifically conditioned upon appnext's receipt of full payment from the applicable advertiser. If appnext does not receive the applicable payment in full from any such advertiser, appnext shall have no liability or responsibility to publisher (and publisher hereby releases appnext) with respect thereto. Payment shall be calculated solely based on records maintained by appnext. No other measurements or statistics of any kind shall be accepted by appnext or have any effect under this Agreement. appnext shall not be liable for any payment based on (i) any fraudulent impressi ons generated by any person, robot, automated Services or similar device or for fraudulent impressions similarly generated on any advertisements, as reasonably determined by appnext; (ii) impressions commingled with a significant number of fraudulent impressions or fraudulent clicks described in (i) above; or (iii) any breach of this Agreement by You. If payment is by electronic bank transfer, appnext is not responsible for any associated fees charged by your banking institution.
Cross-Promotion Advertising. If you are a publisher of network advertising campaigns you have the option to reinvest a set portion of your earned balance toward CPC campaigns at the rate established by appnext and that may be amended from time to time. Cross-promotion campaigns may be turned on or off at any time. Once turned on, the cost of each click will be deducted from the earned balance in a near real-time manner. License to Services Interface. appnext grants to You a limited, revocable, non-transferable, non-exclusive and non-sublicensable license during the Services Term to use the Services Interface solely for the purpose of transmitting Services Requests and other required information and receiving Services Results Sets solely to the extent permitted hereunder. Except to the limited extent expressly provided in this Agreement, appnext does not grant, and You will not acquire, any right, title or interest (including, without limitation, any implied license) in or to any appnext intellectual property rights; and all rights not expressly granted herein are reserved to Appnext.
Disclaimer. appnext does not represent or warrant that the Services is reliable, accurate, complete, or otherwise free from defects. Accordingly, the Services is made available for use "as is", and any use thereof will be undertaken solely at Your own risk. appnext reserves the right, in its sole discretion, to include or cease providing the Services at any time (subject to notice as may be required herein), and appnext does not give or enter into any conditions, warranties or other terms with regard to the Services. In particular, no condition, warranty or other term is given or entered into to the effect that the Services will be of satisfactory quality, and not infringing, or that the Services will be fit for any particular purpose.
Limitation of Liability. NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY.
In any event, each party's total cumulative liability to the other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement will not exceed the net amount paid by You to appnext in the six month period immediately preceding the date of the claim. Representations and Warranties. You represent and warrant that: (i) You have and will maintain throughout the Services Term all end user consents and all rights, authorizations and licenses (including without limitation any copyright, trademark, patent, publicity or other rights) that are required with respect to Services Ads or Services Data to permit appnext to perform the Services contemplated under this Agreement (including without limitation any rights needed to host, cache, route, transmit, store, copy, modify, distribute, perform, display, reformat, excerpt, analyze, and create algorithms from and derivative works of Services Ads or Services Data); (ii) You will not advertise anything illegal or engage in any illegal or fraudulent business practice; (iii) all of the information provided by You to Appnext to enroll in the Services is correct and current; (iv) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (v) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. appnext represents and warrants that: (i) it has the power and authority to grant the rights and perform the obligations to which it commits herein; and (ii) its Services Interface will not knowingly violate the intellectual property rights of any third party.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of Cyprus without regard to the conflicts of laws provisions thereof. Neither partyʼs waiver of any default is a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the partiesʼ intention, and remaining provisions of the Agreement will remain in full effect. You may not assign any of Your rights hereunder and any such attempt is void (except to Your successor in the event of Your merger, acquisition or sale of all or substantially all or Your assets). appnext and You are not legal partners or agents, but are independent contractors. 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.
1. COLLECTION AND USE OF INFORMATION
Our primary goals in collecting and using information are to provide and improve the Online Services, to administer and assist you with your Online Services account, and to provide you with a better experience with the Online Services. We store and process information in the United States. If you are located outside of the United States and choose to provide information to us and/or enable us to collect information from your end users, you hereby consent to the transfer of such information to the United States and represent and warrant that you have obtained all required end user consents. Registration: During the registration process on our Sites, you may be asked for certain information, which may include your name, your email address, the company for which you work, your country, and a password. This registration information is used to validate customers when they visit the Sites. It may also be used to send you additional promotional information about our services. If you were entered in a Appnext promotion in connection with your registration, we will also use your name and email address to contact you if you have won a prize in that promotion, and will ask you for the address at which you would like to receive your prize. We store all data associated with your account, including your contact information, your applications and your campaigns. Cookies and Beacons: A "cookie" is a small text file that contains a string of alphanumeric characters. There are two types of cookies that may be used at the Appnext Sites: a persistent cookie and a session cookie. A persistent cookie gets entered by your Web browser into the "Cookies" folder on your computer and remains in this "Cookies" folder after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Sites. A session cookie is held temporarily in your computer's memory and disappears after you close your browser or shut off your computer. The Sites may also use Web beacons (also called "clear GIFs" or "pixel tags") in conjunction with cookies. Web beacons are small strings of code that are placed in a Web page. If you have arrived at the Sites by clicking on a banner ad for one of our products or services, a session cookie may be used. This cookie will contain an identification number for the ad that you clicked on, or will contain an identification number for the Sites that you were visiting when you clicked on the banner ad. This session cookie helps Appnext determine which of our ads attract the most visitors. If, after you arrive at our Sites, you choose to request further information from us about our products and services, the information that you provide in that request will be linked to the information in the session cookie. This also helps Appnext measure the effectiveness of our advertising. Because this is a session cookie, it will disappear once you have closed your browser. Appnext Sites may use persistent cookies, Web beacons and information collected in our log files (such as Internet Protocol Address, referring URLs, etc.) about your activity at the Sites to better un derstand how the Sites are used, resolve technical problems, and enhance your experience at the Sites. We may use a third-party email technology to send emails that you have agreed to receive. Web beacons are used in those email messages to measure the effectiveness of our advertising. In addition, Appnext may serve ads on the Sites using our own ad serving technology. In doing so, one of our ad servers will place or read a unique ad-serving cookie on your computer and will use information about your browser and your activity at the Sites. The ad serving cookie is a persistent cookie. Services: When an ad is served through our Online Services, we may collect the following from your end users' devices: bundle id, language id, operating system version, device model, software developer kit (sdk) version, unique device identifier, IP address, and Media Access Control (MAC) address. The information we access and collect may determine the nature of the ad that the end user sees. For example, we use the IP address to create a country code to help advertisers target advertising campaigns by country. We may generate a cookie based on a device identifier or use other technologies to record information about the ads an end user is shown, as well as the ads an end user clicks and other actions the end user takes within the application. We share device identifiers and a hash of the MAC address with advertisers so that they can track average revenue per user (ARPU) and life time value (LTV) for the end users they acquire through the advertisements. All of the information we collect about your end users is presented to you through a dashboard (accessible through your account) including information analyzed by our analytics service (currently provided by a third party). You cannot access data about the end users of another customer through the Online Services. In the Appnext software developer kit developers may download into their applications to access our Online Services, we offer developers the option to enable an opt-out from any tracking for end users. We encourage you to take advantage of this option or implement one of your own.
2. INFORMATION SHARING OR DISCLOSURE
In the event that we contract with a third party to provide some part of the service that you have requested or to assist us in analyzing our service or information collected about you and/or your end users, Appnext may provide your information and/or your end user information to such third party, or such third party may collect information from you or the end users on our behalf. We may share your information and end user information with third parties with whom we have a strategic relationship, such as advertisers. The information shared with these third parties may be used for industry analysis, tracking ad conversions or demographic profiling. We may also provide your information and end user information to our business partners or other trusted entities for the purpose of providing you with information on goods and services we believe will be of interest to you. We will disclose any information about you or your end users to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Appnext or any third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable. In addition, we may disclose information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets. Finally, we may share aggregate or anonymous information about you or your end users with advertisers, publishers, business partners, sponsors, and other third parties.
3. PRIVACY POLICIES
4. CONFIDENTIALITY AND SECURITY
Appnext has implemented reasonable security measures in order to protect your information from loss, misuse and unauthorized access, disclosure, alteration or destruction. While we cannot guarantee that loss, misuse or alteration to data will not occur; we make good faith efforts to prevent such occurrences. We do not warrant or represent that your account or any of your information or end user information will be protected against, loss, misuse, or alteration by third parties.
5. COMPROMISE OF PERSONAL INFORMATION
In the event that any personal information (as defined by applicable law) is compromised as a result of a known or suspected breach of security, we will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures required by applicable law.
It is our policy to provide communications, whether such communications are required by law or are for marketing or other business related purposes, to our customers via e-mail notice, written or hard copy notice, or through posting of such notice on our Sites, as determined by us in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications to our customers.
The Online Services are not directed to children under the age of 13. Customers must not use our Online Services to provide advertisements to children under the age of 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If we become aware that a child under 13 has provided us with personal information, we will delete such information from our files.
Appnext is committed to complying with the new obligations under the US Children’s Online Privacy Protection Act (“COPPA”) rules effective on July 1, 2013. The amended COPPA rules effective on July 1, 2013 apply to operators of Websites and Mobile Apps that are directed at children under 13 that collect, use or disclose personal information from children or to operators that have actual knowledge that they are collecting personal information from users of sites or apps directed to children. The existing obligation, requiring parental consent before collecting personal information from children, was updated to include persistent identifiers that can enable ad networks to recognize their end-users. The FTC’s guidance and FAQs relating to COPPA are located at: https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions
Appnext may collect some or all of the following information about the end-users of registered publishers and platform users:
(1) a Unique Device Identifier or other Device ID, (2) Ad Unit ID, mapped to the correct application that is in use by the end user, (3) Device Type, (4) Language, (5) OS version, (6) SDK version, (7) Device Model, (8) Display Type, (9) Location, (10) IP Address, (11) Pre-installed Apps on Device, (12) Ad Engagement History, (13) Device Connection Type, (14) Running Apps on Device
In response to the new COPPA rules effective on July 1, 2013 Appnext does not knowingly collect and use information from children’s Websites, or Mobile Apps, for behavioral advertising purposes (interest based advertising).
(See section above) Publishers with Mobile Apps or Websites directed to children are responsible to maintain the confidentiality, security, and integrity of information they collect from children. This includes updating Appnext of any Mobile Apps or Websites that are subject to COPPA. We will not be responsible for the information practices of our Publishers. Publishers are responsible for ensuring that their Mobile Apps and Websites fully comply with COPPA, including obtaining parental consent prior to the collection of any personal information.
Publishers should notify Appnext of Apps or Websites, which may be child-directed pursuant to COPPA, by contacting firstname.lastname@example.org or by contacting their Appnext account managers. Once notified of Mobile App or Websites aimed for children, Appnext will not collect and use the information from these Mobile Apps or Websites for behavioral advertising purposes.
Appnext contact details
Coppa compliance officer:
Email: email@example.com (Direct)
Tel: 00357 25 279 200
P.O. Box 54697,
Please note that you can also contact your Appnext Account Manager with any questions or complaint.