​Terms of Service

These GENERAL TERMS OF SERVICE (thereinafter referred to as: “Terms of Service”) apply to EACH AND EVERY User visiting and/or using this Website, Content and/or Services. These Terms of Service are available on our Website. Along with the Privacy Policy, these Terms of Service constitute a single, legally binding document between you and AppStoreMetrix. By accessing and using http://appstoremetrix.com/, you are hereby compliant and expressly AGREE to all conditions contained in these Terms of Service, and thus find them reasonable. Furthermore, your behavior on this Website is at ALL times governed and subject to these Terms of Service, Privacy Policy and all auxiliary documents you are given access to, and thereby acquainted with.

AppStoreMetrix is a legitimate and legally bound Service, owned and operated by Stefan Dreyer, registered in the respective German Registry, with a reference address at Große Bergstraße 266, 22767 Hamburg, Germany. All business and transactions done via AppStoreMetrix have the appropriate consent from state authorities, and are in accordance with German Law.

References in these documents to AppStoreMetrix, “We” or “Us” mean AppStoreMetrix, or (if different) an owner Company or another Parent or Daughter Company that is conducting the specific Sale and/or any successors and assigns there to. References to “You”, “Your” and “User” mean the person, group or other entity utilizing AppStoreMetrix. By visiting and using AppStoreMetrix’s Website and/or Software, You are hereby compliant to all Provisions including the express terms and restrictive covenants these General Terms of Service and AppStoreMetrix’s other legal documents and/or notifies include, and thus find them to be reasonable. If you do not find these provisions reasonable, please stop using this Website and/or Services. Deletion of your User Account or Profile information is also required. Unless you do so, you WARRANT that you are compliant to these Terms of Service and provisions to which you are properly notified via Our Website. Furthermore, you hereby INDEMNIFY AppStoreMetrix, its owner Company, Subsidiaries, Offices, Partners, Employees, Management or Administrative Team, other Representatives and all future individuals or legal persons involved with AppStoreMetrix, in respect to any losses possibly suffered in connection to the Website, Software, Content and Services. AppStoreMetrix, being a private entity does NOT support intolerant behavior and does not promote any type of penal activity.

1. Introductory Clause

The Service offers analytics and reporting solutions targeted to app developers and mobile marketers in order to collect data from app stores (including, but not limited to: app download numbers and in-app sales), and create reports and statistics in various data input software.

2. Eligibility

The Service is primarily intended for users which do not fall into the consumer category (for the purposes of this document, a “consumer” is an individual acting for other purposes than trade, business or profession), and the applicability of consumer protection laws and regulations is therefore excluded. Users, which are at least 18 years of age or older may enter into this Agreement with the Service. You hereby represent and warrant for the truthfulness, reliability and accuracy of the information provided to the Service for the purposes of registration and account usage, as well as for any questions or required information regarding the offered services by the Service. You further represent that you are from sufficient legal age and capacity, at least 18 years of age and competent to enter into this agreement.

3. Account Registration and Profile

Users, for the purposes of visiting and browsing our Website may or may not have a registered account. Please note that some aspects of functionality of AppStoreMetrix are to be limited without having a registered account. Upon registration, some personal information may be required from you. For the purposes of purchases, please see Section 5. The personal information (thereinafter referred to as: “Registration Data”) that may be required from you is your contact details (such as, without limitation: name, e-mail address, shipping address, country/state, telephone number) and your billing details (such as, without limitation: the billing credentials as per your preferred way of purchasing services from AppStoreMetrix).

4. Trial

The Service may, at sole discretion, offer users with free trials for selected features of the Service for a limited amount of time. After the trial is past, the functionality may be purchased according to Section 5 of this Agreement. The Service reserves full rights to terminate or discontinue the Trial at any given time, with or without prior notice.

5. Purchasing. Orders and Payment

The Service may offer free services and functionalities on the Website. Certain features will be made available to users for a fee, or based on a one-time subscription, giving unlimited access to the feature for the specific user (for the purposes of this Section, both shall be referred to as: Paid Services). The Service reserves full rights to implement fees and/or change the fees for functionalities and/or subscriptions at any given time. If a User has purchased a one-time subscription paid service, no further charges will be billed to the specific user.

The Service uses third-party payment protocols in order to safely process your payment, with end-to-end encryption for security. On the dedicated part of our Website, we offer Services in the form of functionality purchases or one-time subscriptions. Upon purchasing the product, you will be billed natively on the Website or prompted to a third-party website; in the case your designated payment method uses security features, such as 3DSecure or similar services. Please note that the specifics depicted upon checkout in the third-party authorized website are to supersede any offers made on AppStoreMetrix’s Website. All further information submitted is solely in order to purchase your selected product. Please note that the Authorized third-party website collaborates with AppStoreMetrix in order to deliver you a smooth and enjoyable experience. If the Service does not receive payment from your credit card provider, you agree to pay all amounts due upon demands. In the case of non-compliance, discretional rights are reserved as per Section 7 of this Agreement.

6. Refund Policy

All sales are final and the Service does not issue refunds, including for the service’s pre-paid monthly fees. All monthly or recurring payments shall be billed automatically upon your consent (please note that this functionality may be in the form of a checkbox button). Cancellation of your recurring payments and subscription renewals is your sole responsibility, and that the Service does not refund recurring payments or subscription renewals which were not cancelled on time. If the Service does not receive payment from your credit card provider, you agree to pay all amounts due upon demands. In the case of non-compliance, discretional rights are reserved as per Section 7 of this Agreement.

AppStoreMetrix and Third-party authorized websites use third-party billing protocols in order to securely process your payment. The third-party billing protocols enjoy a high level of encryption and security, in order for your payment to be safely made without any risks.

7. Usage Restrictions. Service’s reserved rights in case of infringement

You hereby agree that you are going to use this Website, Content and Services reasonably. You agree that you will withhold of any actions that can cause or could cause damage to AppStoreMetrix’s Website, Software, Content and/or Services. You and every person you authorize with, using Your Account may not engage in any activity which may result in lowering the overall quality of the Website and Services offered therein. You and other people authorized to use your respective User Account will also withhold of any activity that may cause nuisance, or in any other way prevent any other Users from using the provided Content and Services. Any and every person shall further withhold of any actions which are recognized by law as unlawful, illegal, fraudulent or harmful towards AppStoreMetrix’s Website, Software, Services or Functionality, and shall not, in any way promote this type of illegal activity, under the penalty of civil and penal provisions of the applicable US law. AppStoreMetrix’s Website, Content and/or Services are not to be used for distribution of Spyware, Trojan Horses, Root kits, Keystroke Loggers or any type of Malware whilst utilizing AppStoreMetrix, its Software and/or Services, under the penalty of the German Governing civil and/or penal provisions. You and individuals Authorized to use Your User Account shall also withhold of any systematic or automated information and data collection activities, including data harvesting, limitation scrapping, data mining and other similar activities without the consent of the Website’s administrators under the penalty of privacy protection statutes under German Governing law. Any consent issued by the Website’s administrators on data collection will be fully coherent with the German Governing law and in compliance with this Website’s set of legal documents. In the event such consent is possible to issue, due to statutory provisions by German Governing law, any eventual consent will be issued in paper form upon previous request, and as such will be subject to further notification of the Website’s visitors, customers and/or Users. Without the required form and previous notification of Users, any consent given by AppStoreMetrix in regards to data collection is null and void. This Website is not to be used for marketing purposes without the Website administrators’ consent. Such consent will be issued in proper form, in full compliance with the Privacy Policy and German Governing law. One shall not transfer, sublet or otherwise dispose of their respective rights and obligations. You shall further not engage in unacceptable behavior, namely: - harassment, threatening or intimidating another User, - transmitting any unlawful, threatening, abusive, offensive, defamatory or hateful text or voice communication or images and/or other material, any ethnically or racially objectionable material, or any material infringing intellectual property, privacy and/or publicity rights of any third party, - using obscene or offensive User Names, - posting any material with the intention to solicit other Users, - permutation of usage of inappropriate language as to the room You are hosting, - abusing Your rights to take action against individuals logged into a specific room You are hosting, - disparaging AppStoreMetrix’s services,

AppStoreMetrix reserves the right to terminate a User’s access to its Website or Software if, under appropriate circumstances, they are determined to be repeated Infringers of the aforementioned restrictions. AppStoreMetrix further reserves the right to decide, weather User Submissions of any kind are appropriate, and if they comply with these provisions. AppStoreMetrix reserves the right, but not the obligation to initiate personal inquiries of potential abuse and/or misbehavior personally or upon filed reports or complaints, regarding any Users’ activity. Any investigation or inquiry will be at the sole discretion of AppStoreMetrix and it will include any steps that AppStoreMetrix finds appropriate. Note that these steps may include disclosing User conduct to one or more entrusted parties. Sanctioned by German Governing law, any misconduct and/or breach of the aforementioned usage provisions will be treated as seen fit by AppStoreMetrix under its sole discretion. Methods of preventing further damage or nuisance towards other Users may, AppStoreMetrix’s staff or other third parties towards which Users have committed a breach of their rights include: - Suspension or Termination of Your User Account with or without previous notification; - Temporary or permanent Bans from Our Websites with or without previous notification; Other methods AppStoreMetrix’s staff/administrators see fit. Further note that AppStoreMetrix, in dealing with specific breaches of these provisions, does exclude bringing up civil and/or penal legal action against an individual or group, whom or which have taken part in this type of behavior. Note that AppStoreMetrix may disclose Your personal information in the NECESSARY range under German Governing law in connection with any current or future legal proceedings in order to constitute or defend its respective rights or in case AppStoreMetrix needs to comply with the demands (namely formal requests) of appropriate State authorities.

8. Third-Party Services. Defective performance of third-party Service providers.

The Service allows you to gather data from third-party services and data sources, without exclusion to third-party websites. These Sources are used and utilized at the sole discretion of the Service, and the Service reserves the right to discontinue or change using such sources at any given time. The Service does not assume any liability from the data and/or content from such sources and services. Users have the sole responsibility of obtaining any consensus or authorization, if any is needed, for the usage of this Service or processing of the available data. The Service takes no responsibility for any information processing made on its behalf, as Users warrant that they have obtained all authorizations and/or consensus from the data sources for further usage of the provided data.

This service may be used as an add-on to third-party services and software. We do not assume any liability for such third-party services and software, and you are solely and exclusively responsible for obtaining any licenses, consent or authorizations needed for the use of data.

Third-party services and Websites may be made available throughout the Service. In order for you to use these third-party services, you must read and understand all usage restrictions and other Terms and Policies of the appropriate third-party service and/or website. This Service disclaims all liability arising out of defective performance of linked services and/or website, unless expressly assumed within this Agreement. Upon being prompted by a follow-up link to a third-party service and/or website, you are bound by a different set of Terms and Policies that govern the usage of the appropriate third-party service or website, and you further understand that you use the third-party service or website at your own risk. We recommend using due diligence and familiarizing yourself with the Terms and Policies prior to usage of the services you are prompted to. Please note that this Service does not endorse, promote or otherwise market the third-party websites and/or services, unless expressly and appropriately stated within our Website.

This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service’s scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.

9. Modifications of these Terms

In the event that AppStoreMetrix goes through a business transition (merger, acquisition, sale of assets etc.), your personal information and content uploaded by you will likely be among the assets transferred accordingly to the title of transfer under which the information and content are being owned or used by the Service (ex. If you, as a Creator, have licensed your submission to the Service in order to be displayed, this right will be transferred to the party included in the business transaction with AppStoreMetrix). You will be notified via e-mail of any such change of ownership of your personal information.

AppStoreMetrix reserves the right to discontinue any portion of the whole service with or without previous notice. AppStoreMetrix is not to be held liable for such discontinuance. Any concluded sales will survive the discontinuance of these Terms of Service, and are to be executed on behalf of AppStoreMetrix. Every older version of these documents is superseded with the issuing of a renewed version. In case of change of our General Terms of Service or Privacy Policy, we will notify you on this Web page, by e-mail, or by means of notice on our Home Page. These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and AppStoreMetrix.

10. Limitation of Liability

You hereby agree to indemnify and hold AppStoreMetrix, it’s owner Company, Representatives and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the AppStoreMetrix’s Website, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.

You expressly agree that you shall withhold of class action suits against the Service, and that all (if any) proceedings against the Service occur, such shall be handled on an individual basis, based on rules established and agreed to in Sections 12 and 13.

If any lawsuits are to occur, you agree that your action will not supersede the amount of 100 EUR, or the expenses made whilst using this Website, whichever is greater.

11. Disclaimer

AppStoreMetrix’s website, content and services are all provided “as is”. AppStoreMetrix does not unilaterally provide any express or implied terms, representations, warranties or conditions. AppStoreMetrix, it’s employees, offices, agents or other representatives are further not liable, to the maximum extent permitted by law for any: direct, indirect, special or consequential loss; business or private losses, including: income, savings, or profit loss, loss of contract, loss of goodwill or representations loss, warranty loss, data corruption, personal loss. The aforementioned limitations are voided in the exclusive case that AppStoreMetrix has willingly voided it’s limitation of liability in a specific Set of Terms and/or Contract. Limitations apply in the case that AppStoreMetrix had been advised of the potential loss. AppStoreMetrix does not take any responsibility for the unreasonable behavior of visitors and/or third parties. Furthermore, AppStoreMetrix does not take any responsibility for publishing any content, which is not in any way meant to constitute and/or provide any type of professional advice. AppStoreMetrix is further not responsible in any way, to no extent in the unlikely case of severe host and/or server failure or breach, or any other Vis major, which is not in scope of AppStoreMetrix’s ability to control. This disclaimer cannot and will not exclude any warranty or liability implied by German Governing law, will not exclude and/or limit any warranty or liability which is illegal or unlawful to limit or exclude in compliance with German Governing law. You hereby understand this liability limitation statement, and are fully compliant with it in its entirety.

12. Dispute-Resolution

If any provision of these Terms of Service is, or is to be found by an appropriate authority, unenforceable under German Governing law, that will not affect the enforceability of any other provisions of these Terms of Service. These Terms are written in compliance with German Governing law and international standards. The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement. Statutory provisions will govern all aspects of General Service Agreement, which have not been regulated by the provisions of this agreement, by German law.

13. Jurisdiction and Tribunal

In accordance with Article 3 of Regulation (EC) No.593/2008 on applicable law to contractual obligations (Regulation Rome I), the parties covenant that the applicable and usable law according to which this agreement will be governed will be the law of Germany. Subsequently to the aforementioned, German Law will regulate all disputes or litigation arising from the content of this contract or its execution, accordingly. In accordance with Article 25 of Regulation (EC) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Regulation Brussels I Bis), the parties agree that the competent court shall be the court designated under German law, in accordance with its statutory provisions.

14. Copyright and Trademark Policy

AppStoreMetrix, its logo, any products, services, names or slogans contained within the Website, corporate correspondence or any other space distinguishing the Service are pending registered trademarks of AppStoreMetrix, and may not be copied, used or imitated, in whole or partially, without express written consent of the trademark or other intellectual property or copyright holder. Other trademarks, company names, logos or other intellectual property rights appearing on the service are the property of their respective owners or holders and are used under the regulations for Fair Use of Trademarks. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. The Service, its affiliates, suppliers, licensors and licensees own all right, title and interest, without exclusion to intellectual property rights appearing on the Service, corporate correspondence or any other space distinguishing the Service or its affiliates, suppliers, licensors and licensees. Except for those rights expressly granted within these Terms of Service, no other rights are granted to Users. All copying, usage, distribution or further use of copyrights or other intellectual property rights on behalf of the Service are subject to previous consent. Usage of these materials, symbols, logos and slogans must be with a previous written notice by the holder of such rights.

15. Other Contract provisions. Interpretation Clauses.

The Service’s failure to act in a particular circumstance does not waive the ability to act in respect to the specific circumstance or circumstances similar to it. If any provision of these Terms is rendered invalid by statutory provisions, interpretation of law or its application, rendered unenforceable, it shall not affect the remainder of these terms. The remaining terms shall stay in full force and effect. Section headings are made for convenience. They do not have to correspond with the content of the appropriate section and do not have any legal effect. This agreement is not to be in favor of a weaker party, as there is not such party under this specific contract. Due to the fact that both the Service and the Users have high bargaining powers in stipulating a contract with each other, as well as several dozens of options for customizing the user experience, we believe that this agreement, even if it is a main framework for the functioning of this Service, is a collection of the basic rules and guidelines all Services of this type abide by.

16. Termination of this Agreement

Termination of this Agreement may occur immediately as per the Service’s reserved rights in this Agreement. Termination of this Agreement on your behalf expressly means discontinuance of any subscription plans and paid services and deletion of your user profile. Please note that no refunds are issued for the unused prepaid paid services, and no renewals of subscriptions occur in the case you decide to re-register with our service. All due obligations of the Service to the Users shall be waived once this Agreement is terminated on the User’s behalf.

17. Feedback, Questions and Contact

Providing feedback may be possible by any given means within the Service. All feedback given in the form of user comments, blog posts or similar feeds shall be available to the World Wide Web. Please refrain from using any obscenity or profanity, as the Service reserves all discretional rights as per Section 7 of this Agreement.

All questions or other inquiries made directly to the service may be sent at the contact section of our Website.