{"id":35826,"date":"2024-09-13T09:40:34","date_gmt":"2024-09-13T16:40:34","guid":{"rendered":"https:\/\/www.applovin.com\/?page_id=35826"},"modified":"2024-09-13T09:44:04","modified_gmt":"2024-09-13T16:44:04","slug":"terms-of-use-agreement-previous-june-2024","status":"publish","type":"page","link":"https:\/\/www.applovin.com\/terms-of-use-agreement-previous-june-2024\/","title":{"rendered":"Terms of Use Agreement (Previous)"},"content":{"rendered":"\n
Table of Contents<\/strong><\/p>\n\n\n\n\n These Terms of Use (the \u201cAgreement\u201d) govern the relationship between you (\u201cUser,\u201d \u201cyou\u201d or \u201cyour\u201d) and AppLovin Corporation, a Delaware corporation, or AppLovin (Singapore) Pte. Ltd., a Singapore company, if applicable (collectively, \u201cAppLovin,\u201d \u201cwe\u201d or \u201cour,\u201d and together with \u201cUser,\u201d the \u201cParties,\u201d and each a \u201cParty\u201d) and apply to your use of the Services (as defined below). For purposes of this Agreement, and depending upon how you use the Services, you have contracted with the following AppLovin entity:<\/p>\n\n\n\n Please read this Agreement and our Privacy Policy<\/a> carefully before using the Services. By accessing the AppLovin platform, currently located at www.applovin.com<\/a> and on other pages (the \u201cPlatform\u201d), or registering, enabling, or using any of the Services (as defined in Section 1 below), you become a User and agree to be bound by this Agreement. If you do not agree to this Agreement, you must not use (or you must stop using) the Platform or the Services<\/strong>. Your access to and use of the Platform or the Services may also be subject to additional terms or agreements between us and you.<\/p>\n\n\n\n If you have entered into this Agreement on behalf of a company or other entity, you represent that you have been duly authorized with the authority to enter into this Agreement on behalf of that company or other entity, and you expressly represent that the company or other entity agrees to be bound by this Agreement. In that case, the term \u201cyou\u201d refers to the third party or parties on a joint and several basis. If you have entered into this Agreement on an individual basis, you represent that you are the age of legal majority or older in your jurisdiction (aged 18 and over) and have the legal capacity to enter into and be bound by this Agreement.<\/p>\n\n\n\n As described below, the Platform, the Services, and the Software may fall within United States export controls. You may not use the Platform or the Services if United States law or other applicable law preclude you from receiving products, including services or the Software, from the United States or from using the Platform, the Services, or the Software. Registration for and use of the Platform or the Services where prohibited will be void.<\/p>\n\n\n\n SECTION 14 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER, AND SECTION 9 CONTAINS WARRANTY DISCLAIMERS AND A LIMITATION OF OUR LIABILITY. BY USING THE PLATFORM OR THE SERVICES, YOU AGREE TO THESE PROVISIONS.<\/strong><\/p>\n\n\n\n * * * *<\/p>\n\n\n\n AppLovin operates a suite of tools for developers and other businesses to automate and optimize the marketing and monetization of their platforms, products, or services by enabling the placement of different types of advertisements on digital properties (including mobile apps, websites, and connected TV devices) and distributing our customers\u2019 mobile apps, platforms, products, or services to end users using various technologies, including AI-powered tools and the Software (collectively, the \u201cServices\u201d). AppLovin may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. As explained below, AppLovin also reserves the right to stop offering any of the Services and to immediately suspend or terminate your access to any of the Services.<\/p>\n\n\n\n Registration and Account Information<\/em><\/strong> \u2014 You need to register and create an account to access the Platform and the Services (or some portion of them) for your own (i.e., individual or entity) use only. You must provide us with accurate, complete, and up-to-date account information. In addition, you may not authorize others to use your account, and you may not assign or otherwise transfer your account or this Agreement to any other person or entity. You also understand that you must keep your account information secure and that you should not disclose your account credentials to anyone. You alone remain solely responsible for all activities that occur under your account, regardless of whether you know about them or not. <\/p>\n\n\n\n Updates or Changes to the Platform or the Services<\/em><\/strong>\u2014We may from time-to-time update, improve, enhance, conduct testing, and further develop the Platform or the Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions). You understand that these improvements, enhancements, or tests may impact your or end users\u2019 experience. In addition, we may add or remove functionalities or features of the Platform or the Services at any time, and we may modify, suspend, restrict, terminate, or stop the Platform or the Services (or any portion of them) at any time. We may also suspend, restrict, delete, or remove access to the Platform or the Services (or any portion of them) or your account at any time.<\/p>\n\n\n\n Notifications and Messages from the Platform or the Services<\/em><\/strong> \u2014 We may from time-to-time send you notifications or messages regarding the Platform, the Services, and the Software. By using the Services, you consent to receive these messages from us, our affiliates, or providers. <\/p>\n\n\n\n Changes to this Agreement<\/em><\/strong>\u2014We may modify or update this Agreement (including the Publisher Policies<\/a>, Demand Policies<\/a>, EULA<\/a>, Privacy Policy<\/a>, Platform DPA<\/a>, and Demand Partner DPA<\/a> incorporated into and made a part of this Agreement). If we modify or update this Agreement, we will post the revised Agreement, which will generally become effective 30 days later. In addition, we may notify you directly via email and\/or through the Platform or the Services. By continuing to use the Platform, the Services, or the Software after those modifications or updates become effective, you agree to be bound by the revised Agreement. If you do not agree to be bound by the revised Agreement, then you must not use the Platform, the Services, and the Software anymore.<\/p>\n\n\n\n Retention<\/em> \u2014 By creating a business account, you agree that your account and related data will be retained for the required periods under applicable law.<\/p>\n\n\n\n Advertisers\u2019 Use of the Platform and the Services<\/em><\/strong>\u2014Advertisers, media buyers, ad agencies, demand-side platforms, e-commerce platforms, channel partners, or merchants, or other providers of advertisements (collectively, \u201cAdvertisers\u201d or an \u201cAdvertiser\u201d) may provide content, including text links, banners, videos, artwork, and graphics (\u201cAdvertisements\u201d), and AppLovin may collect content, including text links, videos, artwork, and other files, for display on any Property.<\/p>\n\n\n\n If you use the Services as an Advertiser or as any other entity that bids on advertising inventory or serves Advertisements through the Services, you must comply with the AppLovin Policies for Demand Partners<\/a> (the \u201cDemand Policies\u201d) and shall not contribute, submit, or make available through the Services, or use the Services in connection with, any Advertisements or content that violate the Demand Policies<\/a>.<\/p>\n\n\n\n In addition, you hereby grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to copy, adapt, reproduce, distribute, display, publicly perform, and otherwise use Advertisements and other content, including any intellectual property rights contained on these materials, for the purpose of providing the Services, including serving the Advertisements and distributing Advertisers\u2019 platforms, products, or services to end users. In addition, you grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to use and retain data collected from you for purposes of improving the Services, including our AI-powered technologies and Software.<\/p>\n\n\n\n Publishers\u2019 Use of the Platform and the Services<\/em><\/strong>\u2014Developers and other businesses (collectively, \u201cPublishers\u201d or a \u201cPublisher\u201d) may list digital properties, including mobile applications, websites, connected TV devices, and other platforms or services (each a \u201cProperty,\u201d and collectively \u201cProperties\u201d), and make them available for Advertisements (as defined above). <\/p>\n\n\n\n If you use the Services as a Publisher, you must comply with the AppLovin Policies for Publishers<\/a> (the \u201cPublisher Policies\u201d) and shall not contribute, submit, or make available through the Services, or use the Services in connection with, any Property or content that violates the Publisher Policies<\/a>. As set forth below and in the Publisher Policies<\/a>, Publishers may not generate or engage in, or authorize or encourage any third party to generate or engage in, invalid activity, invalid traffic, fraudulent impressions of, or fraudulent clicks on, any Advertisement (as defined above) through any means. AppLovin will determine what constitutes valid impressions, clicks, requests, valid traffic, and valid activity, and payments to you as a Publisher may be withheld or adjusted if you engage in any actual or suspected violation of this Agreement or the Publisher Policies<\/a>. <\/p>\n\n\n\n In addition, you hereby grant AppLovin all the necessary rights and permissions to: (a) use your Property\u2019s or Properties\u2019 intellectual property rights provided during the Services for the purpose of fulfilling AppLovin\u2019s obligations; (b) access, index, store, and cache requests made from Property or Properties to the Services, including by automated means; and (c) access your Property or Properties to provide the Services, including placing or displaying Advertisements. In addition, you grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to use and retain data collected from you for purposes of improving the Platform and the Services, including our AI-powered technologies and Software.<\/p>\n\n\n\n Eligibility to Use the Platform and the Services<\/em><\/strong> \u2014 <\/strong>You agree to use the Platform and the Services consistent with this Agreement and all laws and regulations, including United States export controls. In addition, you may not use the Platform, the Services, or the Software if you or any of your affiliates or, to your knowledge, any director, officer, manager, or employee of such entities: (i) cannot receive products, including services or the Software, from the United States (because for example you live in a country embargoed by the United States) or have been the target of sanctions by any governmental entity; (ii) cannot access or use the Platform, the Services, or the Software in compliance with this Agreement under the applicable laws of your jurisdiction; and (iii) have previously been suspended from the Services.<\/p>\n\n\n\n Your Access to and Use of Our Software<\/em><\/strong> \u2014 You may have access to software development kits (SDKs), applications programming interfaces (APIs), pixels, other integrations, documentation, tools and assemblies, libraries, scripts, object code, sample source code, and similar developer material made available by AppLovin specifically for purposes of your access to and use of the Platform and the Services (the \u201cSoftware\u201d). This Agreement and the End User License Agreement<\/a> (the \u201cEULA\u201d) govern your use of the Software owned by AppLovin and provided to you only for purposes of your access to and use of the Platform and the Services.<\/p>\n\n\n\n Third-Party SDKs or Other Software Integrations<\/em><\/strong> \u2014 Your use of any third-party SDKs, APIs, pixels, connections, or similar software in connection with the Services will be governed by the terms of any agreement applicable to those integrations, connections, or software. We have no responsibility for any aspect of these third-party integrations, connections, or software, including any ad serving or data processing that may occur through them. You and the third-party provider must ensure compliance with all applicable laws and regulations, including those concerning privacy and data protection, age-related restrictions, labeling and disclaimer requirements, advertising guidelines, and any similar requirements.<\/p>\n\n\n\n Advertisers\u2019 Use of the Platform and the Services<\/em><\/strong>\u2014Advertisers, media buyers, ad agencies, demand-side platforms, e-commerce platforms, channel partners, or merchants, or other providers of advertisements (collectively, \u201cAdvertisers\u201d or an \u201cAdvertiser\u201d) may provide content, including text links, banners, videos, artwork, and graphics (\u201cAdvertisements\u201d), and AppLovin may collect content, including text links, videos, artwork, and other files, for display on any Property.<\/p>\n\n\n\n If you use the Services as an Advertiser or as any other entity that bids on advertising inventory or serves Advertisements through the Services, you must comply with the AppLovin Policies for Demand Partners<\/a> (the \u201cDemand Policies\u201d) and shall not contribute, submit, or make available through the Services, or use the Services in connection with, any Advertisements or content that violate the Demand Policies<\/a>.<\/p>\n\n\n\n In addition, you hereby grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to copy, adapt, reproduce, distribute, display, publicly perform, and otherwise use Advertisements and other content, including any intellectual property rights contained on these materials, for the purpose of providing the Services, including serving the Advertisements and distributing Advertisers\u2019 platforms, products, or services to end users. In addition, you grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to use and retain data collected from you for purposes of improving the Services, including our AI-powered technologies and Software.<\/p>\n\n\n\n Publishers\u2019 Use of the Platform and the Services<\/em><\/strong>\u2014Developers and other businesses (collectively, \u201cPublishers\u201d or a \u201cPublisher\u201d) may list digital properties, including mobile applications, websites, connected TV devices, and other platforms or services (each a \u201cProperty,\u201d and collectively \u201cProperties\u201d), and make them available for Advertisements (as defined above). <\/p>\n\n\n\n If you use the Services as a Publisher, you must comply with the AppLovin Policies for Publishers<\/a> (the \u201cPublisher Policies\u201d) and shall not contribute, submit, or make available through the Services, or use the Services in connection with, any Property or content that violates the Publisher Policies<\/a>. As set forth below and in the Publisher Policies<\/a>, Publishers may not generate or engage in, or authorize or encourage any third party to generate or engage in, invalid activity, invalid traffic, fraudulent impressions of, or fraudulent clicks on, any Advertisement (as defined above) through any means. AppLovin will determine what constitutes valid impressions, clicks, requests, valid traffic, and valid activity, and payments to you as a Publisher may be withheld or adjusted if you engage in any actual or suspected violation of this Agreement or the Publisher Policies<\/a>. <\/p>\n\n\n\n In addition, you hereby grant AppLovin all the necessary rights and permissions to: (a) use your Property\u2019s or Properties\u2019 intellectual property rights provided during the Services for the purpose of fulfilling AppLovin\u2019s obligations; (b) access, index, store, and cache requests made from Property or Properties to the Services, including by automated means; and (c) access your Property or Properties to provide the Services, including placing or displaying Advertisements. In addition, you grant AppLovin a perpetual, irrevocable, sublicensable, non-exclusive, worldwide, and royalty-free right and license to use and retain data collected from you for purposes of improving the Platform and the Services, including our AI-powered technologies and Software.<\/p>\n\n\n\n Eligibility to Use the Platform and the Services<\/em><\/strong> \u2014 <\/strong>You agree to use the Platform and the Services consistent with this Agreement and all laws and regulations, including United States export controls. In addition, you may not use the Platform, the Services, or the Software if you or any of your affiliates or, to your knowledge, any director, officer, manager, or employee of such entities: (i) cannot receive products, including services or the Software, from the United States (because for example you live in a country embargoed by the United States) or have been the target of sanctions by any governmental entity; (ii) cannot access or use the Platform, the Services, or the Software in compliance with this Agreement under the applicable laws of your jurisdiction; and (iii) have previously been suspended from the Services.<\/p>\n\n\n\n Your Access to and Use of Our Software<\/em><\/strong> \u2014 You may have access to software development kits (SDKs), applications programming interfaces (APIs), pixels, other integrations, documentation, tools and assemblies, libraries, scripts, object code, sample source code, and similar developer material made available by AppLovin specifically for purposes of your access to and use of the Platform and the Services (the \u201cSoftware\u201d). This Agreement and the End User License Agreement<\/a> (the \u201cEULA\u201d) govern your use of the Software owned by AppLovin and provided to you only for purposes of your access to and use of the Platform and the Services.<\/p>\n\n\n\n Third-Party SDKs or Other Software Integrations<\/em><\/strong> \u2014 Your use of any third-party SDKs, APIs, pixels, connections, or similar software in connection with the Services will be governed by the terms of any agreement applicable to those integrations, connections, or software. We have no responsibility for any aspect of these third-party integrations, connections, or software, including any ad serving or data processing that may occur through them. You and the third-party provider must ensure compliance with all applicable laws and regulations, including those concerning privacy and data protection, age-related restrictions, labeling and disclaimer requirements, advertising guidelines, and any similar requirements.<\/p>\n\n\n\n Data Processing Agreement<\/em><\/strong> \u2014 To the extent that any Personal Data (as defined under applicable data protection laws) is shared hereunder, the processing of such Personal Data shall be governed by the terms set forth in the Platform Data Processing Agreement <\/a>(the \u201cPlatform DPA\u201d) for AppDiscovery Advertisers, Audience+ Advertisers, and MAX Publishers; and Demand Partner Data Processing Agreement<\/a> (the \u201cDemand Partner DPA\u201d) for ALX Demand Side Partners, respectively, which are incorporated into and made a part of this Agreement. As described above, you have entered into the Platform DPA or Demand Partner DPA, as applicable, with AppLovin Corporation.<\/p>\n\n\n\n Data Sharing Representations and Warranties<\/em><\/strong> \u2014 You represent and warrant, as applicable, that:<\/p>\n\n\n\n AppLovin Privacy Policy<\/em><\/strong> \u2014 Our Privacy Policy<\/a> describes how we collect, use, disclose, share, and otherwise process information and material provided by you. By accessing and using the Platform or the Services, you affirm that you have reviewed and acknowledge the terms of the Privacy Policy<\/a>.<\/p>\n\n\n\n You acknowledge and agree that you will not use the Services in connection with any Property or Advertisement exclusively designed for or exclusively directed to children as defined and required by applicable laws, or for any Property or Advertisement that could implicate the Children\u2019s Online Privacy Protection Act of 1998 (15 U.S.C. 6501, et seq.) (\u201cCOPPA\u201d), laws of similar effect in any applicable jurisdiction, as well as any applicable app store policies. You shall be solely responsible for ensuring that any Property or Advertisements comply with all age-related laws and applicable app store policies, including COPPA or laws of similar effect in any applicable jurisdiction.<\/p>\n\n\n\n As explained above, in the Privacy Policy<\/a>, the Publisher Policies<\/a>, and the Demand Policies<\/a>, children may not use the Services and AppLovin does not knowingly collect personal information from children or serve advertisements to children. In addition, you may not provide AppLovin with personal information of children, and you may not use the Services for any Property or Advertisements exclusively designed for or exclusively directed to children or to target or retarget children. <\/p>\n\n\n\n Please note that, in the European Union and various other locations, applicable law generally defines children as those under the age of 18. In the United Kingdom, the State of California, and various other locations, applicable law generally defines children as those under the age of 16. You may not use the Services to serve interest-based advertising to children as defined under any applicable laws. In addition, as explained in the Publisher Policies<\/a> and Demand Policies<\/a>, you must include and honor all appropriate age-related and other flags.<\/p>\n\n\n\n If you believe we served an advertisement to a child or might have personal information from or about a child, or if you believe a User may be exclusively designed for or exclusively directed to children, or may be knowingly passing personal information from children to us, please contact us via email at dataprotection@applovin.com<\/a>.<\/p>\n\n\n\n a. Fees from Advertisers\u2019 Use of the Services<\/strong><\/p>\n\n\n\n Invoices to Advertisers<\/em><\/strong> \u2014 For purposes of your use of the Services, AppLovin will provide you with access to an online reporting system. You acknowledge and understand that AppLovin will invoice you for Advertisements served through the Services exclusively based on the numbers in AppLovin\u2019s online reporting system. Unless otherwise indicated, payment will be due within thirty (30) days of the invoice date, and all amounts will be payable in U.S. Dollars regardless of your primary place of business.<\/p>\n\n\n\n Past Due Accounts<\/em><\/strong> \u2014 If your payment method fails or any account(s) becomes past due, AppLovin may take steps to collect past due amounts using any available mechanisms, including netting or offsetting any past due amounts from payments to you as a Publisher or due to you under any other agreement, referring the balance to collections, or pursuing the balance through other available means. You agree to pay all expenses associated with any such mechanism, including reasonable attorneys\u2019 fees, court costs, or collections\u2019 fees, plus interest accruing on any past due amounts at the lesser of 1% per month or the lawful maximum.<\/p>\n\n\n\n b. Payments to Publishers<\/strong><\/p>\n\n\n\n Payments to Publishers<\/em><\/strong> \u2014 For purposes of your use of the Services, AppLovin will provide you with access to an online reporting system. You acknowledge and understand that AppLovin will pay you monthly earnings for valid impressions filled by AppLovin, calculated exclusively based on AppLovin\u2019s accounting and the numbers in AppLovin\u2019s online reporting system, and subject to the minimum applicable payment threshold (communicated through the Services). Payments to you will be calculated by AppLovin based on valid impressions shown on your Property and the pricing associated with those impressions, which could take the form of cost per mille (CPM) or a percentage of Net Revenue (as defined below) as determined by AppLovin. <\/p>\n\n\n\n Subject to the foregoing and the minimum applicable payment threshold, AppLovin will pay your monthly earnings according to the payment details entered into your AppLovin account. Depending upon those payment details, you may be responsible for certain bank fees associated with the transmission of payments from your AppLovin account. As set forth above, to help ensure proper payment, you remain solely responsible for providing and maintaining accurate contact and payment information associated with your account.<\/p>\n\n\n\n Our Right to Withhold, Adjust, or Offset Payments<\/em><\/strong> \u2014 We may withhold, adjust, or offset payments to you based upon any amounts you owe to AppLovin under this Agreement or any other agreement, any amounts refunded or credited to Advertisers, any amounts arising from invalid activity, or if you engage in any actual or suspected violation of this Agreement or the Publisher Policies<\/a>, in any case as determined by AppLovin in its sole discretion.<\/p>\n\n\n\n Payments from Other Networks<\/em><\/strong> \u2014 Your monthly earnings for impressions filled through the Services by other networks, as may be reflected in AppLovin\u2019s online reporting system, will be paid in accordance with the policies and practices of those other networks. <\/p>\n\n\n\n c. Miscellaneous Provisions<\/strong><\/p>\n\n\n\n Taxes<\/em><\/strong> \u2014 You will pay any direct or indirect local, state, federal or foreign taxes, levies (including any equalization levy), duties, or similar governmental assessments of any nature, including but not limited to VAT, GST, excise, sales, use, consumption, and withholding taxes (collectively, \u201cTaxes\u201d) or other charges in connection with its use of the Platform, the Services, or the Software, including any Taxes AppLovin is legally obligated to charge. AppLovin\u2019s fees do not include Taxes and you agree to pay, in addition to such fees, all applicable Taxes imposed by any taxing authority in connection with your use of the Services. You shall pay the full amount owed to AppLovin, inclusive of and without deduction for, any invoiced Taxes. You may provide AppLovin with an exemption certificate or equivalent information acceptable to the relevant taxing authority, in which case AppLovin will not charge or collect the Taxes covered by such certificate. Where a Publisher supplies a Property or Properties to AppLovin which is subject to any Taxes, Publisher shall be responsible for remitting the Taxes to the proper authorities. Where applicable, Publisher agrees to GST self-billing for Singapore GST purposes and agrees to remit all GST output tax to the proper authorities, as required by law, as shown on each AppLovin self-billed invoice. Upon request, Publisher shall provide AppLovin with its GST registration number.<\/p>\n\n\n\n Changes to Fees or Charges<\/em><\/strong> \u2014 AppLovin reserves the right to change its fees and to institute new charges at any time, upon prior notice, and to invoice for fees and\/or make payments for earnings from any of our affiliates.<\/p>\n\n\n\n AppLovin Confidential Information<\/em><\/strong> \u2014 \u201cAppLovin Confidential Information\u201d includes: (a) all Software, technology, and documentation relating to the Platform and the Services and any other non-public technical or business information; (b) the existence of, and information about, beta features in the Services (or any aspect of them); (c) the terms of any order with AppLovin, pricing information related to the Services, and any statistics provided by AppLovin concerning your use of the Platform and the Services; and (d) any other information made available to you by AppLovin that either has been marked as confidential or would ordinarily be considered confidential given the nature of the information or the relevant circumstances. AppLovin Confidential Information does not include information (i) that you already knew prior to your use of the Services or the Platform, (ii) that becomes public through no fault of yours or breach by you of this Agreement, (iii) that you independently developed without use of AppLovin Confidential Information, or (iv) that you rightfully obtained from a third party without restriction on use or disclosure. Report Properties, Advertisements, or Content<\/em><\/strong> \u2014 If someone may have violated this Agreement, misused the Platform or the Services, used the Services for inappropriate or unlawful Properties, Advertisements, or content, or engaged in other inappropriate or unlawful activity, or if you have any other issue you would like to raise with us, please visit AppLovin Support<\/a> or submit your questions and requests to the AppLovin Support Team<\/a>.<\/p>\n\n\n\n Trademark & DMCA\/Copyright Policy<\/em><\/strong> \u2014 We respect the intellectual property rights of others and ask that you do the same. We respond to notices of alleged trademark or copyright infringement, consistent with the US Digital Millennium Copyright Act or laws of similar effect. For more information, please review our Copyright Page<\/a>. We reserve the right, in our sole discretion and without notice, to terminate your access to the Platform and the Services if we determine that you may be a \u201crepeat infringer.\u201d<\/p>\n\n\n\n Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities. In those jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of these jurisdictions.<\/p>\n\n\n\n Warranty Disclaimers<\/em><\/strong> \u2014 You access and use the Platform, the Services, and the Software at your own sole risk. We provide the Platform, the Services, and the Software on an \u201cas is\u201d and \u201cas available\u201d basis, and explicitly disclaim all warranties of any kind to the full extent permitted by applicable law.<\/p>\n\n\n\n Limitation of Our Liability and Cap on Damages<\/em><\/strong> \u2014 To the full extent permissible by law, you acknowledge and agree that neither we nor any other party involved in creating or delivering the Platform, the Services, or the Software (including our affiliates, corporate parents, advertisers, and distribution partners), will be liable: <\/p>\n\n\n\n THE RISK OF USING THE PLATFORM, THE SERVICES, AND THE SOFTWARE RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THE SERVICES OR THE CONDUCT OF THIRD PARTIES. <\/strong><\/p>\n\n\n\n In addition, to the full extent permissible by law, the aggregate (or total) liability of us (and any other party involved in creating, producing, or delivering the Platform, the Services, or the Software, including our affiliates and corporate parents) to you arising out of or relating to this Agreement, your relationship with us, or your use of or access to the Platform, the Services, and the Software will not exceed the lesser of (a) ten thousand U.S. dollars (US$10,000) or (b) the total amount paid or payable to you or payable by you in the three (3) month period immediately before you first assert any claim. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation. Notwithstanding anything in the foregoing, if no amount has been paid or become payable to you or payable by you in the three (3) month period immediately before you first assert any claim, our aggregate (total) liability in any form of action whatsoever in connection with this Agreement, your relationship with us, or your use of or access to the Platform, the Services, and the Software will be the total sum of twenty U.S. dollars (US$20).<\/p>\n\n\n\n You will indemnify and hold AppLovin, its officers, managers, directors, employees, affiliates, and subsidiaries, and each of their respective legal representatives, successors, and assigns, harmless (and, at AppLovin\u2019s request, defend AppLovin) against any and all claims, demands, losses, costs, liabilities, and expenses (including reasonable attorneys\u2019 fees) relating to or arising out of (a) your use of the Platform or the Services, (b) your violation of any term of this Agreement, including your representations and warranties, (c) your violation of any third-party rights, or (d) your violation of any applicable laws, rules, or regulations, including those concerning privacy and data protection. <\/p>\n\n\n\n At AppLovin\u2019s option, you will assume control of the defense, but AppLovin retains the right to elect to take over the defense at any time. You may not enter into a settlement covered by this indemnification clause without AppLovin\u2019s prior written consent. If AppLovin elects to assume control of the defense, you agree to cooperate fully in that defense.<\/p>\n\n\n\n Termination by Us<\/em><\/strong> \u2014 We may suspend or terminate this Agreement, your account(s), or your access to and use of the Platform, the Services, and the Software (or any portion of them) at any time, for any reason or no reason, and without notice or explanation to you. In addition, we reserve the right to remove your account information or data from the Platform, the Services, the Software, and any other records at any time, for any reason or no reason, and without notice or explanation to you.<\/p>\n\n\n\n Termination by You<\/em><\/strong> \u2014 You may terminate this Agreement at any time by following the instructions on the Platform or in other documentation, or by sending a notice of cancellation to AppLovin Support<\/a>.<\/p>\n\n\n\n Survival and Effect of Termination<\/em><\/strong> \u2014 Upon suspension or termination of this Agreement, your account(s), or your access to and use of the Platform, the Services, and the Software (or any portion of them), your right to use the Platform, the Services, and the Software will immediately cease and you must promptly remove all Software and pay any amounts owed to AppLovin pursuant to the applicable invoices. In addition, all provisions of this Agreement which by their nature should survive will survive, including, without limitation, confidentiality provisions, fees and payments, indemnification, warranty disclaimers, limitations of our liability, and dispute resolution provisions.<\/p>\n\n\n\n Representations and Warranties by Publishers<\/em><\/strong> \u2014 If you access and use the Platform, the Services, or the Software as a Publisher, you represent and warrant that: (i) you own each Property that you use in connection with the Services or that you have the legal authority and authorization to act on behalf of the owner of such Property for purposes of this Agreement; (ii) you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required hereunder; (iii) any data supplied or disclosed to AppLovin under or in connection with the Platform, the Services, or the Software shall be controlled, collected, and transferred in accordance with any applicable data protection laws and regulations; (iv) any data supplied or disclosed to AppLovin includes all necessary rights, licenses, consents, and permissions for AppLovin to receive, use, share, and transfer such data as set forth in this Agreement; and (v) you and each of your Properties will comply with the Publisher Policies<\/a>. <\/p>\n\n\n\n In addition, you represent and warrant that each of your Properties and any material displayed on those Properties: (a) comply with all applicable laws, statutes, ordinances, and regulations, including consumer protection, commerce, advertising, and product laws; (b) do not breach and have not breached any third-party rights, including intellectual property rights, rights of publicity or privacy, or rights, duties, or obligations under consumer protection, commerce, product liability, advertising, tort, or contract theories; and (c) comply with the Publisher Policies<\/a>.<\/p>\n\n\n\n Representations and Warranties by Advertisers<\/em><\/strong> \u2014 If you access and use the Platform, the Services, or the Software as an Advertiser, you represent and warrant that: (i) you own each Advertisement you designate in connection with the Services or that you have the legal authority and authorization to act on behalf of the owner of such Advertisement for the purposes of this Agreement; (ii) you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required hereunder; (iii) any data supplied or disclosed to AppLovin under or in connection with the Platform, the Services, or the Software shall be controlled, collected, and transferred in accordance with any applicable data protection laws and regulations; (iv) any data supplied or disclosed to AppLovin includes all necessary rights, licenses, consents, and permissions for AppLovin to receive, use, share, and transfer such data as set forth in this Agreement; and (v) you and each of your Advertisements will comply with the Demand Policies<\/a>. <\/p>\n\n\n\n In addition, you represent and warrant that each of your Advertisements and any material displayed therein: (a) comply with all applicable laws, statutes, ordinances, and regulation, including consumer protection, commerce, advertising, and product laws; (b) do not breach and have not breached any third-party rights, including intellectual property rights, rights of publicity or privacy, or rights, duties, or obligations under consumer protection, commerce, product liability, advertising, tort, or contract theories; (c) do not include viruses and any other form of contaminants of any nature; and (d) comply with the Demand Policies<\/a>. This Agreement, and all claims or defenses based on, arising out of, or related to this Agreement or the relationship of the Parties under this Agreement, including those arising from or related to the negotiation, execution, performance, or breach of this Agreement, shall be governed by, and enforced in accordance with, the internal laws of the State of California, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.<\/p>\n\n\n\n Except as provided below, any disputes not subject to the Agreement to Arbitration set forth in this Agreement shall be heard only in the state or federal courts located in Santa Clara County, California, unless we mutually agree to some other location. Each of us consents to venue and personal jurisdiction in Santa Clara County, California, for purposes of any such action.<\/p>\n\n\n\n\n
1. The Services; Changes to the Services or this Agreement<\/strong><\/h2>\n\n\n\n
2. Your Use of the Platform and the Services<\/strong><\/h2>\n\n\n\n
3. Our Retained Proprietary Rights; Restrictions on Your Use<\/strong><\/h2>\n\n\n\n
4. Data Privacy and Data Sharing<\/strong><\/h2>\n\n\n\n
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5. Prohibition on Advertisements to and Personal Information from Children and Apps Exclusively Designed for or Exclusively Directed to Children<\/strong><\/h2>\n\n\n\n
6. Fees and Payments<\/strong><\/h2>\n\n\n\n
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7. Confidentiality Obligations<\/strong><\/h2>\n\n\n\n
Use and Disclosure Restrictions<\/em><\/strong> \u2014 You agree not to use AppLovin Confidential Information except as permitted under this Agreement or any other agreement, terms, or policies that govern your access and use of the Platform and the Services. You further agree not to disclose AppLovin Confidential Information without our prior written consent. In addition, without our prior written consent, you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce any (i) AppLovin Confidential Information or (ii) copyrighted material, trademarks, or other proprietary information accessible through the Platform or the Services. These restrictions do not prevent you from disclosing AppLovin Confidential Information: (a) pursuant to a court order or other lawful process, provided that you first give AppLovin sufficient advanced notice of such disclosure pursuant to any such order or other lawful process; and (b) on an as-needed confidential basis to your legal or financial advisors.<\/p>\n\n\n\n8. Report Advertisements, Properties, or Content; Trademark & DMCA Policy<\/strong><\/h2>\n\n\n\n
9. Warranty Disclaimers and Limitation of Our Liability<\/strong><\/h2>\n\n\n\n
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10. Your Indemnification of Us<\/strong><\/h2>\n\n\n\n
11. Ending Your Relationship with the Services (and vice versa)<\/strong><\/h2>\n\n\n\n
12. Your Representations and Warranties to AppLovin<\/strong><\/h2>\n\n\n\n
Compliance with Anti-Bribery and Anti-Corruption Laws<\/em><\/strong> \u2014 Publishers and Advertisers represent and warrant that they will comply with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act of 1977 (as amended), the U.K. Bribery Act 2010, and laws of similar effect in any applicable jurisdiction. You will maintain adequate internal controls and procedures and take other steps to ensure compliance with all applicable anti-bribery and anti-corruption laws and agree to provide reasonable support to us in the event of any investigation related to your compliance.<\/p>\n\n\n\n13. Governing Law and Venue for Legal Disputes Not Subject to Arbitration<\/strong><\/h2>\n\n\n\n
14. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, Class Action, and Representative Action Waiver<\/strong><\/h2>\n\n\n\n