1.1 Appness is a platform that helps advertisers and partners show mobile app usersmore relevant ads based on users’ interests and behaviour. It helps you manage,optimise, and measure mobile ad campaigns by using data such as app usage, in‑appactions, and how users interact with ads, so that advertising is more targetedand useful. The Appness website and domain name, together with any relatedpages, features, content, or application services made available from time totime by Appness Pte. Ltd. or its affiliates (collectively, the “Company”), areoperated by the Company and are called the “Website” in these Terms. Underthese Terms of Use (this “Agreement”), the Company may provide certain servicesdescribed on the Website and chosen by you, which, together with the Website,are called the “Services”. You may use the Services only for your own use andnot for the benefit of any third party.
1.2 “Services” includes your access to and use of the Website, any services theCompany provides to you, and any content or materials the Company makesavailable on or through the Website (the “Content”).
1.3 TheCompany may change, suspend, or stop providing the Services at any time. Thismay include removing or changing any feature, database, or Content. The Companymay also limit certain features or Services, or restrict your access to some orall of the Services, at any time and without liability or prior notice.
1.4 TheCompany may revise or replace this Agreement at any time by posting an updatedversion on the Website or by sending you a notice. You are responsible forchecking for changes regularly. If you keep using the Services after anychanges, you accept the updated Agreement.
2.1 TheCompany does not knowingly collect or request personal data from anyone under13 years old and does not knowingly allow such persons to register for theServices. If you are under 13, you must not try to register for the Services orgive any information about yourself to the Company, including your name,address, phone number, or email. No one under 13 may submit personalinformation to the Company or through the Services. If the Company learns thatit has collected personal information from a child under 13 without properparental consent, it will delete that information as soon as it reasonably can.If you think the Company may have information about a child under 13, pleasecontact ____________
2.2 Youpromise to the Company that:
(i) ifyou are using the Services for a company or another legal entity, you have theauthority and legal power to bind that entity to this Agreement; and
(ii) ifyou are using the Services as an individual, you are of legal age to enter intoa binding agreement, or you have your parent’s or legal guardian’s permissionto do so, and in all cases you are at least 13 years old.
2.3 Youconfirm that you are legally allowed to access and use the Services in yourcountry or region and that you take full responsibility for choosing and usingthe Services. If using the Services is not allowed by law where you are, thisAgreement is void and your right to use the Services ends automatically.
3.1 Youruse of the Services and all Content is governed by this Agreement. Allmaterials shown on or provided through the Services, including text, graphics,articles, photos, images, illustrations, and other content (together, the“Content”, which includes User Submissions defined below), are protected bycopyright and other intellectual property rights.
3.2 Youmust follow all copyright, trademark, and other ownership notices that appearin any Content you access through the Services. Except where this Agreementclearly allows it, you may not use, copy, reproduce, change, translate,publish, broadcast, send, distribute, perform, display, upload, license, sell,or otherwise use any Content or third‑party materials that you do not own:
(i)without the prior written permission of the right owner; and
(ii) inany way that infringes or violates any third party’s rights.
3.3 TheServices as a whole, including how the Content is selected, arranged, andimproved, may be protected as a collective work and/or compilation undercopyright laws and international treaties. Unless this Agreement clearly allowsit, you may not change, publish, send, transfer, sell, reproduce, createderivative works from, distribute, perform, or display any part of the Servicesor the Content.
3.4 Youmay not store a substantial part of any Content in any form. Any copying orstorage of Content beyond your own personal, non‑commercial use is strictlyforbidden unless you first get written permission from the Company or therelevant copyright owner.
3.5 Ifyou link to the Website, the Company may withdraw its permission for you to doso at any time. The Company may also require you to get its written consentbefore you create any link to the Website.
4.1 Whileusing the Services, you and other users may submit information, content, ormaterials that the Company may use to run and improve the Services. Byuploading or otherwise providing any such content, materials, or information tothe Company or through the Services, including ad creatives or similarmaterials (together, “User Submissions”), you grant the Company a non‑exclusive,worldwide, royalty‑free, perpetual, irrevocable, sub‑licensable, andtransferable licence to use, display, distribute, send, reproduce, and makeavailable those User Submissions (including all related intellectual propertyrights) in connection with:
(i)providing and operating the Services; and
(ii) theCompany’s business and that of its successors and assigns, including forpromoting and redistributing all or part of the Services in any media andthrough any media channels.
4.2 TheCompany will process and share personally identifiable information only asdescribed in its Privacy Policy, available at _______________, as updated from time to time. Youunderstand that the Company may reformat, change, or translate any UserSubmissions if this is reasonably needed to provide or improve the Services.Except where otherwise agreed in writing, you keep ownership of your UserSubmissions and remain free to grant additional non‑exclusive licences toothers.
4.3 TheCompany is not responsible or liable for any Content, including UserSubmissions, or for any errors or omissions in such Content. The Company isalso not responsible for any loss or damage you may suffer from using orrelying on any Content made available through the Services.
5.1 Youagree that you will not submit any Content or use the Services in any way that:
(i)infringes or violates any intellectual property right, ownership right, rightof publicity, right of privacy, or any other right of any person or entity;
(ii) breaksany law, statute, rule, or regulation;
(iii) isfraudulent, harmful, deceptive, threatening, abusive, harassing, tortious,defamatory, vulgar, obscene, libellous, or otherwise objectionable;
(iv)involves commercial activities or sales (including contests, sweepstakes,advertising, barter, or pyramid schemes) without the Company’s prior writtenconsent;
(v)pretends to be any person or entity, including any employee or representativeof the Company; or
(vi)contains or sends any virus, trojan horse, worm, time bomb, or other harmful ormalicious code.
5.2 TheCompany may remove any Content from the Services at any time, with or without areason. This includes situations where the Company receives complaints ornotices from third parties or authorities, or where the Company reasonablybelieves you may have broken this Agreement. You are solely responsible for anyContent you upload, post, email, send, or otherwise make available through theServices, and you confirm that you have all rights needed to grant the licencesdescribed in this Agreement.
5.3 Youare solely responsible for your behaviour and all activities that happenthrough your use of the Services. Fraudulent, abusive, or otherwise illegalactivities may lead to the termination of your access to the Services.
5.4 Youmay not post or send any communication or request that is designed to obtainpasswords, accounts, or other private information from any user. You must notuse the Services to harm the security of any network, to break passwords orsecurity encryption codes, to transfer or store illegal material (includingmaterial that may be seen as threatening or obscene), or to engage in anyunlawful activity.
5.5 Youmust not run any mailing list, listserv, auto‑responder, or “spam” service onor through the Services, and you must not run any process that is active whileyou are not logged in or that interferes with or puts a disproportionate loadon the Services’ systems. You may not use any manual or automatic software,device, or other process to “crawl”, “scrape”, or “spider” any part of theServices. You must not decompile, reverse engineer, or try to get the sourcecode of the Services.
5.6 Youare solely responsible for any taxes, duties, or other government charges thatmay arise from your use of the Services.
5.7 TheCompany alone decides whether your behavior follows the rules in this Sectionand what action, if any, it will take in response.
6.1 Unless you and the Company agree otherwise in writing, you agree to prepay forthe Services according to the pricing the Company communicates to you. TheCompany may change its pricing or introduce new fees at any time by sending youa notice or posting the changes on the Website. If you continue to use theServices after such notice, you accept the updated pricing.
07. THIRD‑PARTYSERVICES AND DEALINGS
7.1 TheServices may include links to or integrations with websites, services, orresources provided by third parties (“Third‑Party Services”). Your use of anyThird‑Party Services is at your own risk. You confirm that you have read andagree to any terms and policies of those Third‑Party Services that apply toyour use of them, in addition to this Agreement.
7.2 TheCompany does not control and is not responsible for the content, accuracy,privacy practices, or opinions expressed in any Third‑Party Services. TheCompany does not and cannot monitor, check, censor, or edit the content ofThird‑Party Services. By using the Services, you agree that the Company is notresponsible for any liability arising from your use of Third‑Party Services.
7.3 Anydealings you have with organisations or individuals found on or through theServices—including buying and receiving goods or services, and any relatedterms, conditions, warranties, or promises—are only between you and thoseorganisations or individuals. You should carry out any checks you think arenecessary before entering into any transaction with a third party. The Companyis not responsible for any loss or damage resulting from such dealings.
7.4 If adispute arises between you and another user or any third party, you understandand agree that the Company does not have to be involved. You release theCompany and its officers, employees, agents, and successors from any claims,demands, and damages (actual or consequential, known or unknown, suspected orunsuspected) in any way related to such disputes.
8.1 TheCompany’s collection and use of personal information is described in itsPrivacy Policy, available at _____________.This Privacy Policy is part of this Agreement. By accepting this Agreement, youagree to the terms of the Privacy Policy.
8.2 Theprocessing of personal information under this Agreement is also governed by theData Protection Addendum attached as Annex A to this Agreement.
9.1 Youunderstand that the Company does not have a special relationship with you anddoes not act as your trustee or advisor. The Company does not control whichusers access the Services, what Content you access through the Services, whateffect that Content may have on you, how you use the Content, or what you dobecause of using the Services. You agree that the Company is not responsible ifyou gain or fail to gain any Content through the Services.
9.2 TheServices may contain or lead you to content that some users may find offensiveor unsuitable. The Company does not make any promises about any contentaccessed through the Services and is not responsible for its accuracy,legality, copyright compliance, or decency.
9.3 TheCompany does not guarantee that any descriptions, suggestions, orrecommendations of services or products made available on or through theServices are correct or suitable for you.
9.4 TheServices, the Website, the Content, and any software or other materialsprovided by the Company are provided “as is” and “as available”, without anywarranties of any kind, whether express or implied. This includes impliedwarranties of merchantability, fitness for a particular purpose, and non‑infringement,and any warranties that the Services will be uninterrupted or error‑free. Someplaces do not allow certain limitations or exclusions of warranties, so some ofthe above may not apply to you if the law does not allow it.
10.1 Youagree to indemnify and hold harmless the Company, its parent companies,subsidiaries, affiliates, officers, directors, and employees from and againstany and all claims, demands, damages, losses, liabilities, costs, and expenses(including reasonable legal fees) that arise out of or relate to:
(i) youraccess to or use of the Services;
(ii) yourbreach of this Agreement; or
(iii) anyinfringement or violation by you or anyone using your account of anyintellectual property or other right of any person or entity.
11.1 Asfar as the law allows, neither the Company nor its suppliers, nor theirofficers, directors, employees, or agents, will be liable in connection withthe Website, the Services, or this Agreement under any theory of liability(including contract, negligence, tort, or strict liability):
(i) formore than the greater of SGD 135 or the total fees you actually paid for theServices during the 12‑month period just before the event that gave rise to theclaim;
(ii) forany indirect, incidental, special, punitive, or consequential damages;
(iii) forany loss of data or the cost of getting replacement goods or services; or
(iv) forany matter beyond the Company’s reasonable control.
11.2 Someplaces do not allow the exclusion or limitation of incidental or consequentialdamages. In those places, the limits in this Section apply to you only as faras the law allows.
12.1 ThisAgreement stays in effect for as long as you use the Services. You may stopusing the Services at any time, and this will end this Agreement for you.
12.2 TheCompany may suspend or end your access to the Services at any time, with orwithout a reason, and with or without notice. The Company may also immediatelysuspend or end any Services or access to the Website if you break any term ofthis Agreement.
12.3 Whenyour access to the Services ends, your right to access and use the Services andthe Content ends immediately. Any parts of this Agreement that by their natureshould continue after termination (including ownership provisions, warrantydisclaimers, indemnity, and limitations of liability) will remain in full forceand effect.
13.1 TheCompany cares about the security and integrity of its platform and encouragesusers, security researchers, and developers to report possible securityvulnerabilities or bugs in the Website.
13.2 Ifyou find a security vulnerability or issue, you should quickly and responsiblyreport it by emailing _________________and:
(i)giving a clear and detailed description of the issue, including steps toreproduce it;
(ii)limiting any testing to what is necessary to show the vulnerability;
(iii) notdisclosing the issue publicly until the Company has had a reasonable chance toinvestigate and fix it; and
(iv)acting in good faith and complying with all applicable laws when doing anysecurity research.
13.3 TheCompany values your help in improving security and may, at its discretion,acknowledge contributions that significantly improve security. However, sendinga report does not give you any right to payment, reward, or public recognition.
14.1 Ifeither party does not exercise a right under this Agreement or delays in doingso, that does not mean it waives that right or any other right.
14.2 TheCompany is not responsible for any failure to perform its obligations underthis Agreement if that failure is caused by something beyond its reasonablecontrol, including mechanical, electronic, or communication failures ordegradation (including “line‑noise” interference).
14.3 Ifany part of this Agreement is found to be invalid or unenforceable, that partwill be limited or removed only as much as needed so that the rest of theAgreement remains fully in force and effective.
14.4 Youmay not assign, transfer, or sublicense this Agreement or any of your rights orobligations under it without the Company’s prior written consent. The Companymay assign, transfer, or delegate this Agreement and its rights and obligationswithout your consent.
14.5 Unless there is a separate written commercial agreement between you and theCompany that clearly says otherwise (and in that case that commercial agreementmay take priority over this Agreement), this Agreement is the entire agreementbetween you and the Company about the subject it covers and replaces allearlier or current agreements, communications, and understandings, whetherwritten or oral.
14.6 Nothing in this Agreement creates any agency, partnership, joint venture, oremployment relationship between you and the Company. You have no authority tobind the Company in any way.
14.7 Section headings are for convenience only and have no legal or contractualeffect. No third party is intended to benefit from this Agreement.
15.1 ThisAgreement and any non‑contractual obligations related to it are governed by thelaws of Singapore, without applying any rules that would send the matter toanother jurisdiction’s laws.
15.2 Anydispute, controversy, or claim that arises out of or relates to this Agreement,including questions about its existence, validity, or end, will be finallyresolved by arbitration administered by the Singapore International ArbitrationCentre (“SIAC”) in line with the SIAC Rules in force at the time. Those rulesare treated as part of this clause.
15.3 Theseat of arbitration will be Singapore. There will be one arbitrator withsignificant experience in intellectual property and commercial contractdisputes, appointed under the SIAC Rules. The arbitration language will be English.
15.4 Thearbitrator’s decision (the arbitral award) will be final and binding on bothparties, and judgment on that award may be entered and enforced in any courtwith jurisdiction.
15.5 Despite the above, either party may go to the courts of Singapore to ask fortemporary, protective, or injunctive relief in support of the arbitration or toprotect its rights while the dispute is being resolved.