Please read carefully before using the Appodeal Website or the Appodeal Services. These Terms of Use (“Terms”) are a legal agreement between You, a “Publisher Partner” and Appodeal, Inc., a Delaware corporation (“Appodeal”). By accessing the Appodeal web site, currently located at appodeal.com (the “Website”) and using any of the Appodeal Services (as defined below) accessible through the Website, You agree to, and are bound by, the terms and conditions of these Terms and the Privacy Policy of Appodeal for as long as you continue to use the Website or Appodeal Services.
If you do not agree to be bound by these terms, do not use the site or the Appodeal Services.
If you are an individual user, in order to utilize and register for the Appodeal Services, you must be at least 18 years old. By using the Appodeal Services, you represent and warrant that you are at least 18 years old.
We reserve the right to modify the Terms at any time. Such modified Terms will become effective and will apply to your use of the Appodeal Services upon our posting such Terms to the Website. Your continued use of our Appodeal Services after a modification has been posted shall be deemed to constitute acceptance by you of any modified Terms. It is your sole obligation to review the Terms and to be aware of any modifications.
1. Definitions
Whenever the following terms are used herein, they shall mean:
1.1 “Affiliate” means any individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign, directly, or indirectly, through one or more intermediaries, controlling, controlled by, or under common control with Appodeal. The term “control,” as used herein, means, with respect to any individual, partnership, trust, estate, association, corporation, or other entity, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of the controlled entity.
1.2 “Confidential Information” shall mean information or materials disclosed by one Party (the “Disclosing Party”) to the other party (the “Receiving Party”), or learned by the Receiving Party about the Disclosing Party or the Disclosing Party’s products or business, in the course of the performance of the Parties’ obligations under this Agreement, including, but not limited to: (i) the design, technology and know-how of any product and systems, except insofar as they have been publicly disclosed; (ii) computer object and source code; (iii) the terms and conditions of either party’s Agreements or proposed Agreements with third parties; (iv) non-public information concerning the Disclosing Party’s finances, financial status, research and development, proposed new products, marketing plans and pricing, unless and until publicly announced; (v) the terms and conditions of this Agreement; and (vi) any information designated in writing by the Disclosing Party as confidential or proprietary.
1.3 “Dashboard” shall mean a web portal, owned and operated by Appodeal, its Affiliates, or Preferred Partners, which is designed for the Publisher Partnerto (a) place and view, in summary form, its Publisher PartnerProperties, (b) select the forms and frequency of the displayed Ads, (c) review statistics and information about Monthly Managed Revenue calculations, and (d) perform other relevant tasks related to the Appodeal Services.
1.4 “Publisher Partner” shall have the meaning set forth in the introduction hereto.
1.5 “Publisher Partner Properties” means those mobile applications mobile applications registered on www.appodeal.com on Publisher Partner’s behalf.
1.6 “Monetization SDK (Software Development Kit)” shall mean the proprietary software and related intellectual property developed by Appodeal or any of its Preferred Partners, which is designed to integrate and optimize advertisements from third-party advertising networks into mobile content and enable mediation with end users.
1.7 “Policies” shall mean the Terms of Use, the Privacy Policy and the applicable Monetization SDK License, located at the Appodeal or its Preferred Partners' applicable websites, as well as any updates to the foregoing Policies.
1.8 “Preferred Partners” shall mean third-party entities selected by Appodeal for providing specific advertising technology or other related services, pursuant to these Terms.
2. Description of the Appodeal Services
Appodeal provides an ad mediation solution and publishing services aimed at optimizing mobile advertisements for publishers and software developers on end users’ mobile applications (collectively, the “Appodeal Services”). Appodeal offers advice and support to mobile gaming developers in order to improve retention, monetization, and user acquisition potential. Appodeal Services allow You, as a Publisher Partner, to offer and sell elements of an application that You designate for placement of ads (“Your Inventory”) to any advertiser, demand side platform, or advertising network, who bids to buy Inventory listed by You.
Appodeal (either directly, through its Affiliates, or its Preferred Partners) shall provide to the Publisher Partner the specific monetization, user acquisition and publishing services and benefits listed hereto (the “Appodeal Services”). Appodeal agrees to devote commercially reasonable best efforts, skills, and abilities to the performance of the Appodeal Services. Notwithstanding the foregoing, Appodeal will be solely responsible for determining how to perform the Appodeal Services, and the Publisher Partner will have no right to, and will not, control or prescribe the manner, method or means Appodeal uses to complete the Appodeal Services. Appodeal shall be the exclusive mediation provider for all Publisher Partner Properties registered at appodeal.com, whether developed by the Publisher Partner or a third party, unless otherwise notified by sending a notification to [email protected].
As part of the Appodeal Services, the Publisher Partner shall be given access to content and services offered by third-party service providers. The Appodeal Services also give the Publisher Partner access to mediation and monetization tools, including but not limited to: (a) a Dashboard that enables the Publisher Partner to place and track the Publisher PartnerProperties in the Appodeal Services, and which provides statistics and information about the payouts; (b) a Monetization SDK that is designated for implementation in the Publisher PartnerProperties; and (c) instructions on implementation of the Monetization SDK. The applicable creator of the Monetization SDK reserves the right to update its Monetization SDK at any time. Updates shall be made available on the applicable creator’s website. Publisher Partner acknowledges that failure to implement the updated Monetization SDK may result in an incorrect display of advertisements. Appodeal reserves the right to terminate the Appodeal Services and/or temporarily restrict the Publisher Partner’s access to the Appodeal Services in the case of:
2.1 breach or reasonable suspicion of breach by Publisher Partner of any provisions of law, the Policies, or this Agreement, below;
2.2 suspicions of use of the login and password by an unauthorized person, in particular, if an incorrect password is entered while attempting to login, whether or not reported to Appodeal by Publisher Partner;
2.3 detecting fraudulent activity and or invalid traffic, including but not limited to, invalid clicks, bot clicks, bot displays, etc.;
2.4 inability to verify or authenticate any Publisher Partner information provided to Appodeal
2.5 suspicion of a threat to the safety or the stability of the Appodeal Services;
2.6 notice of claim issued by an advertiser and/or advertising network;
2.7 initiation of court or preparatory proceedings or proceedings before a public administration body or before any other authorized body in connection with any acts or omissions of Publisher Partnerwithin the Appodeal Services.
2.8 inability to locate any of the Publisher PartnerProperties in the Google Play, Amazon, or iTunes store;
2.9 any action by the Publisher Partner that could obstruct or interfere with the functioning of the Appodeal Services; or
2.10 any action by the Publisher Partner which infringes or could give rise to an infringement of Appodeal’ intellectual property or any third-party intellectual property rights.
Appodeal shall notify the Publisher Partnerif access to the Appodeal Services have been suspended or terminated as a result of any of the foregoing events by sending an email notification. Where and if possible, Appodeal shall also provide the Publisher Partner with an explanation of the underlying causes thereof, however failure to provide this explanation shall not impede Appodeal’s right to suspend or terminate a Publisher Partner’s account and such right is solely within Appodeal’s discretion.
3. Your Obligations
In consideration of the Appodeal Services and in order to provide support for the same, you shall be obligated to maintain and support the Publisher Partner Properties, including but not limited to updates as required by the applicable operating systems, performance-related updates, and maintenance, graphic and design update, ensure the Publisher Partner Properties are fully operational and stable at any given point in time. Failure to meet these obligations shall be considered a material breach of this Agreement.
4. Your Account
Your account is for your personal use only. You are responsible for the confidentiality of your login information, including your username and password, via whatever method you choose to access the Appodeal Services, and for all use of the Appodeal Services by users using your login information. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You will immediately notify Appodeal of any unauthorized use of your login information, or any unauthorized access to your account. You acknowledge that Appodeal is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
5. Conditions, Restrictions and Obligations for Publisher Partners.
You will not provide inaccurate, misleading or false information to Appodeal. If information provided to Appodeal subsequently becomes inaccurate, misleading or false, you will promptly notify Appodeal of such change. You will not harass, annoy, intimidate or threaten any Appodeal employees or agents engaged in providing any portion of the Appodeal Services to you.
Your right to use the Appodeal Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Appodeal Services at any time. In addition, we may impose limits on certain features and aspects of the Appodeal Services or restrict your access to parts or all of the Appodeal Services without notice or liability and for any reason. Appodeal reserves the right to terminate your use of the Appodeal Services if you misuse the Appodeal Services in any way, or act in an inappropriate, unlawful or illegal manner, in our sole and absolute discretion.
You shall not authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization Appodeal Services and/or software. You must have an active application that is currently published in the App Store, Google Play or Amazon Store. If at any point the application is removed from those platforms, but impressions generating from Appodeal ads continue, You acknowledge, understand and agree that You may not receive earnings derived from such impressions.
6. Licenses
You may list assets including but not limited to mobile sites, applications, and device platforms (“Mobile Properties”) and make them available for advertisement. You hereby grant Appodeal the right to access, index, store and cache requests made from your mobile websites (“Mobile Property”) to the Appodeal Services, including by automated means. You allow Appodeal to access your applications to serve Appodeal’s personalized advertisements. You are prohibited from using the Appodeal Services in an app that offers any real monetary value to the end users. You will have the ability to block any offers and/or advertisements before they are made available to Users.
7. Fees
Subject to your compliance with these Terms, Appodeal will pay you a portion of the revenues actually received by Appodeal from advertisers for Advertisements displayed on your advertising inventory via the Appodeal Services, as determined by Appodeal from time to time in its sole discretion. The compensation payable to you shall be based on a percentage of the Net Revenue (“Net Revenue Share”). Net Revenue Share is determined dynamically for each impression and is based on terms negotiated programmatically between Appodeal and the advertiser. Payments will be calculated solely based on records maintained by Appodeal, and no other measurements or statistics of any kind will be accepted or have any effect. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Appodeal in its sole discretion. Invalid activity is determined by Appodeal in all cases and includes, but is not limited to, (i) spam, invalid impressions or invalid clicks on ads generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks solicited or impressions generated by payment of money and false representation; (iii) clicks or impressions co-mingled with a significant amount of the activity described in (i) and (ii) above, or (iv) any breach of these Terms by you.
8. Terms of payment
Within forty-five (45) days after the end of each calendar month during the term of the Appodeal Services, Appodeal will provide you a written or electronic report, or will enable you to access such reports online, showing the bases for calculating the Net Revenue Share for such month. If you dispute any payment made in connection with the Appodeal Services, you must notify Appodeal in writing within forty-five (45) days of any such payment. Failure to so notify Appodeal shall result in the waiver by you of any claims related to such disputed payment. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Appodeal Services.
Regular payouts, which are the standard payouts we issue every month by default, Appodeal agrees to issue the payment on a net 45 term basis. This payout includes revenue calculated at the last second of the last day of the month.
If you chose our immediate payout option, Appodeal agrees to issue the payment within 5 business days from the date of the request or Appodeal will issue a delay notice. If opting for our immediate payout option, Appodeal will charge a 4% fee.
You must have an active application that is currently published in the App Store, Google Play or Amazon Store. If at any point the application is removed from those platforms, but impressions generating from Appodeal ads continue, You acknowledge, understand and agree that You may not receive earnings derived from such impressions.
9. Incentivized Traffic
Incentivized traffic is when a publisher compensates end users for watching an Advertisement and/or taking a particular action by providing a virtual benefit – from in-app currency to redeemable points and artifacts.
As a publisher using Appodeal’s Services, You agree that the sole and exclusive format for Incentivized Traffic shall be rewarded ad format. All other reward formats are prohibited. In addition, publishers are prohibited from using rewarded ads to offer monetary rewards of any kind, including, but not limited to, cash or gift cards. Under no circumstances may end users be rewarded by any “real world” monetary value unless allowed in writing by Appodeal on a case-by-case basis, subject to screening requirements, special economic terms, additional contractual terms, and provided that such monetary value will never:
- Involve cash, in any currency, or cryptocurrencies;
- Incentivize and reward the download of other applications.
10. Disclaimer of Warranties, No Warranty/AS-IS
You are solely responsible for the content or information you post, upload, publish or display in connection with the Appodeal Services, or transmit to other users (“User Content”). We do not and cannot review all User Content posted or sent by users of the Appodeal Services. We are not responsible for any User Content. We reserve the right, but are not obligated to, delete, move or edit User Content that we, in our sole discretion, deem to be in violation of the guidelines set forth herein or any other applicable content guidelines or deem to be otherwise unacceptable.
Appodeal is not responsible for the conduct, whether online or offline, of any user of the Website or of the Appodeal Services. Appodeal is not responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Appodeal Services. Under no circumstances will Appodeal or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, resulting from anyone’s use of the Website or the Appodeal Services. Appodeal does not represent or warrant that the Appodeal Services are reliable, accurate, complete or otherwise free from defects, and any use thereof will be undertaken solely at Your own risk. The Website and the Appodeal Services are provided “AS-IS” and Appodeal expressly disclaims any and all warranties including without limitation the warranty of merchantability, the warranty of fitness for a particular purpose or the warranty of non-infringement. For the avoidance of doubt, Appodeal does not guarantee the results of the Appodeal Services or that the Appodeal Services will be correct, uninterrupted or error-free, that defects will be corrected, or that the Appodeal Services are free of viruses or other harmful components, that the Appodeal Services will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access Appodeal Services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Appodeal’s (or its wholly owned subsidiaries or affiliates’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet Appodeal Services to an area where Appodeal (or its wholly owned subsidiaries or affiliates) or Your servers are located or co-located.
From time to time, Appodeal may offer new “beta” features or tools with which its users may experiment on the Appodeal Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Appodeal’s sole discretion. The provisions of this Disclaimer of Warranties section apply with full force to such features or tools.
11. Proprietary Information
All intellectual property rights in and to the Appodeal Services are and shall be owned exclusively by Appodeal. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Appodeal Services are the property of their respective owners. No right or license to use any patent, copyright, trademark, service mark, trade secret or other intellectual property contained in the Appodeal Services, or in any software, systems, designs or processes related to the Appodeal Services, is granted to or otherwise conferred upon you as a result of your use of the Appodeal Services, and all such rights are reserved to and shall remain the exclusive property of Appodeal, its affiliates or third party licensors.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You hereby acknowledge and agree that Appodeal is the owner of highly valuable proprietary information, including, but not limited to its technology and templates (collectively, “Confidential Information”). Appodeal owns and hereby retains all proprietary rights in the Appodeal Services and the Website, including but not limited to, all Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Appodeal Services, without first obtaining the prior written consent of the owner of such proprietary rights.
If You provide any feedback or suggestions to Appodeal in connection with this Agreement or the Appodeal Service (“Feedback”), You agree to assign and hereby do assign all right, title and interest in and to such Feedback to Appodeal.
12. Privacy & Data Use
By using the Website or the Appodeal Services, you are consenting to the terms of Appodeal’s Privacy Policy. The Privacy Policy uses the term “Supply Partner,” which is interchangeable with “Publisher Partner” as used herein. If there is any inconsistency between Appodeal’s Privacy Policy and these Terms, the former shall govern. In connection with the operation of the Appodeal Services, You may collect and provide to Appodeal Service Data. “Service Data” includes any information that You collect under this Agreement, including end user device information, end user’s session-based browsing behavior, information about ads served, viewed, or clicked on, http header information, and any other data that You elect to provide Appodeal. You agree that Appodeal will have the right to: (a) use and disclose Service Data (i) to provide any of the Appodeal Services, (ii) for its internal business purposes, (iii) to improve any products or Appodeal Services provided by Appodeal, and (iv) to enable, and allow for the improvement of, Appodeal Services provided by Appodeal demand partners and other third party partners; (b) use and disclose Service Data as may be required by law or legal process; and (c) use and disclose Service Data when it is aggregated, such that it does not identify You, any end user, or individual device. It is your responsibility to obtain any and all consents, waivers, approvals, authorizations and clearances from end users that may be required by applicable laws in connection therewith.
We may use your email address to send you messages notifying you of important changes to the Website or the Appodeal Services. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Appodeal Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.
13. Software End User License (“SDK”)
In order for Appodeal to provide you the Appodeal Services, you are required to download the Appodeal SDK, which are subject to the terms contained therein. The SDK end user license terms are incorporated by reference into this Terms of Service and can be found here.
14. Third Party Links
The Website and/or Appodeal Services may contain links to other Internet sites and resources (“Third Party Links”). Appodeal is not responsible for and has no liability for your use of Third-Party Links or the content thereof. By using Third-Party Links, you acknowledge and agree that Appodeal is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at Third-Party Links. Appodeal does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Links or for any other materials, products, or Appodeal Services of third parties. Appodeal is not responsible for the contents of, updates to, or privacy practices of third parties operating Third-Party Links. The personal information you choose to give to such third parties is not covered by Appodeal’s privacy policies. You agree that you use Third-Party Links at your sole risk. We highly recommend you review and familiarize yourself with the terms of use and privacy policies of all Third-Party Links prior to using them.
15. Representation and Warranties
You represent and warrant to Appodeal that (i) you are the owner of each Mobile Property you designate in connection with the use of Appodeal Services or that you are legally authorized to act on behalf of the owner of such Mobile Property for the purposes of these Terms, and (ii) you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder. You further represent and warrant to Appodeal that each of your Mobile Properties, any material displayed therein, and the Service Data: (a) complies with all applicable laws, statutes, ordinances and regulations, including without limitation all applicable data privacy laws and regulations; (b) does not breach and has not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; (c) does not contain any hate-related in content; and (d) will not introduce viruses or other malware to the Appodeal Services or Appodeal systems or end users.
You specifically acknowledge and agree that Appodeal has no control over (and is merely a passive conduit with respect to) any content that may be submitted or published by any advertiser, and that you are solely responsible (and assume all liability and risk) for determining whether or not such content is appropriate or acceptable to you.
16. Limitation of Liability
In no event will Appodeal be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the website or the Appodeal Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute Appodeal Services, even if Appodeal knows or has been advised of the possibility of such damages. Under no circumstances will Appodeal’s aggregate liability, in any form of action whatsoever in connection with these terms or the use of the Appodeal Services or the website, exceed the net amount paid by Appodeal to you during the three month period immediately preceding the date of the relevant claim, or, if no amount has been paid, the amount of $50.00.
To the maximum extent permitted by applicable law, in no event will Appodeal be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the website or the Appodeal Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications with other registered users of the Appodeal Services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
17. Indemnification
You agree to indemnify, defend and hold harmless Appodeal, its officers, members, managers, directors and employees, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) Your use of or inability to use the Website or Appodeal Services (b) your violation of any terms of these Terms or your violation of any rights of a third party, (c) Your indemnification obligations under this Agreement; or (d) Your violation of any applicable laws, rules or regulations including without limitation applicable data privacy laws and regulations. Appodeal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Appodeal in asserting any available defenses.
18. Term and Termination
These Terms will become effective upon your acceptance of the Terms by your use of the Website or the Appodeal Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Appodeal may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Appodeal reserves the right to immediately suspend or terminate your access to any of the Appodeal Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Appodeal Services and any other records at any time at our sole discretion. Any fees paid hereunder are non-refundable and non-cancelable. You may terminate your account by following the instructions on the Website, or by sending a notice of cancellation to: [email protected]. Upon termination of your account, your right to use the Appodeal Services will immediately cease and you will remove all Appodeal code from you Mobile Properties. Following any termination of use of the Appodeal Services, Appodeal reserves the right to send a notice thereof to other registered users with whom you have corresponded. The termination or expiration of these Terms shall not affect any of the provisions of these Terms which are expressly or by their nature should continue in force after such termination or expiration.
19. Copyright Infringement Claims – Digital Millennium Copyright Act Notice
If you believe that any material or content distributed by Appodeal constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of where, within the Application, the offending material is located; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The above information should be submitted to Appodeal at: [email protected]
20. General Provisions
You agree that California law (without giving effect to its conflicts of law principles) will govern these Terms, the Website and the Appodeal Services and that any dispute arising out of, from, or relating to these Terms, the Website or the Appodeal Services will be subject to the exclusive jurisdiction and venue of the federal and state courts located in the Northern District of California. You acknowledge and agree that any violation of these Terms may cause Appodeal irreparable harm, and therefore agree that Appodeal will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Appodeal may have for a breach of these Terms.
These Terms, the Privacy Policy, and the SDK end user license comprise the entire agreement between you and Appodeal regarding the use of these Appodeal Services, superseding any prior agreements between you and Appodeal related to your use of this Website or the Appodeal Services. Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Appodeal Services. The failure of Appodeal to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, the remainder of these Terms will continue in full force and effect. For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that the terms of the Terms should not be strictly construed against either party including the drafting party. The section titles in these Terms are for convenience only and have no legal or contractual effect. Appodeal will not be in breach of these Terms nor liable for any failure or delay in performance of any obligations under these Terms (and, if applicable, the date for performance of the obligations affected will be extended accordingly) as a result of any event outside the reasonable control of Appodeal affecting its ability to perform any of its obligations under these Terms including act of God, fire, flood, lightning, compliance with any law or governmental order, rule, regulation or direction, war, revolution, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or Appodeal Services. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
Last update: February, 16, 2024