APPSAMURAI

TERMS OF USE

Thank you for using App Samurai

Please read these Terms carefully. By using App Samurai, signing up for an account or paying for campaigns, you are agreeing to these Terms. This is a legal agreement. We are going to start with the basics, including a few definitions that should help you understand this agreement. App Samurai (“App Samurai” or the “Service”) is a mobile advertising platform offered through the URL www.appsamurai.com (We will refer to it as the “Website”) that allow you to create install oriented campaigns such as boost campaign, user acquisition campaign and video campaign (each of them is called a “Campaign” unless specific situations will be indicated) for your mobile app or apps. App Samurai is owned and operated by App Samurai Inc. (“AppSamurai”, “we” or “us”). App Samurai has shareholders, employees and partners (“our Team”). As a customer of this Service or a representative of an entity that is a customer of the Service, you are a “Customer” according to this agreement (or “you”).

These Terms of Use (“Terms”, including our Privacy Policy located at www.appsamurai.com/privacy-policy) define the terms and conditions under which you are allowed to use AppSamurai, and how we will treat your account while you are a Customer. If you have any questions about our terms, please do not hesitate to reach out to us.

As of January, 2023 all Insertion Orders (IOs) entered into between AppSamurai and You to display advertisements via the AppSamurai Platform Services are governed by the IAB STANDARD TERMS AND CONDITIONS FOR INTERNET ADVERTISING FOR MEDIA BUYS ONE YEAR OR LESS (Version 3.0) (the Terms) as may be amended by App Samurai from time to time. In the event of a conflict between the Terms of Use and the IAB terms, the Terms of Use shall prevail. 

By clicking “I accept” or “I agree” (or words to similar effect), registering for a AppSamurai  account, or otherwise using any of our Services, you: (i) agree that you have read and understood, and, as a condition to your access to and use of any of our Services, you agree to be legally bound by, these Terms of Use and (ii) agree that AppSamurai may make changes to these Terms of Use on a going forward basis at any time in its sole discretion, as described further in Changes below.

  1. ACCOUNT
    1. Eligibility

In order to use AppSamurai,

1. be able to enter mail address and password

2. agree to the Terms

3. to have required budget (if you want to create a campaign on AppSamurai)

By using AppSamurai, you represent and warrant that you meet all the requirements listed above, and that you won’t use AppSamurai in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) AppSamurai may refuse service, close accounts of any users, and change eligibility requirements at any time.

    1. Registration and Authority

As a condition to your access to and use of certain features of the Services, you will be required to register for a AppSamurai account. By registering, you hereby certify to us that: (i) you are at least 18 years of age; and (ii) if you are agreeing to this Terms on behalf of an organization (in which case, “you” as used herein shall refer to you and your organization collectively), that you are duly authorized to bind such organization. For the avoidance of doubt, an “organization” includes a corporation, partnership, LLC, or other entity. Upon registration, you will be provided with a login identifier and will be required to create a password. You agree to notify us immediately by emailing us at privacy@appsamurai.com upon learning of any unauthorized access to or use of your account or any other breach of security. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms, which may result in immediate suspension or termination of your account. In addition, we reserve the right to refuse, suspend, or terminate your registration (or cancel a User ID) for any reason and in our sole discretion. 

    1. Term

The Term begins when you confirm the acceptance of these terms and continues as long as you use AppSamurai. If you sign up for AppSamurai on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

    1. Closing Your Account

If you want to close your account, we are able to delete your account and all the data associated with it, including the information of campaigns and payment details. In this case we refund your deposit, and it will be granted for requests received by our finance team within 7 days after the cancellation. The refund shall only be made via the credit card that the deposit has been paid.

AppSamurai is also free to terminate (or suspend access to) your use of your account, for any reason in our discretion, including a breach of our Terms. AppSamurai has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. You will not be entitled to a refund in these circumstances.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

    1. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us when you were signing up. Unless you terminate your account within thirty (30) days, the new Terms will be effective immediately and apply to any continued or new use of AppSamurai. We may change the Website, the Service, or any features of the Service at any time.

    1. Account and Password

You’re responsible for keeping your mail address and password confidential. You’re also responsible for any account that you have access to. We’re not responsible for any loss due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

    1. Billing and Campaign Information

Before initiate any campaign you shall fill the billing information (name-surname/company name, email, address, tax ID, and the Zip Code information must be filled out) needed in our Platform. In the event that such information is not filled in, AppSamurai will not accept your request to start a campaign and has the right to stop any campaign that has started. If AppSamurai suffers any damage due to the failure to fill in the relevant information correctly and completely, you will be required to compensate for all damages suffered and / or may be suffered.

We can send you pricing structure, orders and campaign details by email if it is necessary for you.

  1. Campaign Conditions
    1. Traffic shall not include or be driven by the following 
  1. No Network of Push Traffic
  2. No bot or virtual traffic
    1. In the event that your referrals to the tool or server (S2S integrations) are interrupted during a campaign, you are obliged to notify the AppSamurai. You must explain precisely when the disruption occurred. In case of any problem with your referrals to the tool or server, the numbers realized in the AppSamurai panels will always be taken into account.
  1. PAYMENT
    1. Minimum Budget Requirement and Payment Period

There is a minimum budget to create your first campaign on AppSamurai, for such you shall deposit minimum $1000 when you first create your account. In other words, you have to have at least $1000 on your AppSamurai account when you want to create your first campaign. Afterwards, you may deposit and/or spend any budget you need.

    1. Installs

In campaigns, we are working based on CPI model and we charge just for number of installs. If needed, you may communicate with your contact at AppSamurai to charge on clicks and/or actions. Any change regarding a campaign, including but not restricted to the changes related to CPI bid, terminating or pausing the campaign may take up to 24 hours to take effect. Related spending during this delay period will be added to the campaign total spend, and will not be refund.

    1. Install Postback Abuse

For any reason whatsoever, if it is determined that the advertiser intentionally does not post back installs for a specific campaign to AppSamurai, AppSamurai reserves the right to suspend the campaign. You are required to keep proper account records of your campaigns. AppSamurai will be able to review your records to confirm these reports. An audit for this purpose should not interfere with your activities, and it is envisaged that this audit will be carried out at most every six months. If KPIs are provided, you allow AppSamurai to enter them into the tracking system (AppsFlyer, Adjust, etc.) and/or allows real-time postback / URL data tracking to be shared in your account and send a quality report on campaigns to the account manager every 48 hours. Daily reports on the number and amount of downloads are available on the Platform. Information on downloads will be reported by you in real time (via server-to-server tracking or third-party tracking system). In case the server-to-server tracking method is adopted, you are responsible for performing the tracking activity on your side accurately and completely. If there is an interruption in the tracking due to technical reasons caused by you, in this case, you must send the CSV (or similar) file containing the relevant information to AppSamurai within 3 business days.

If you are unable to submit all missing conversions, then AppSamurai will make an estimate of lost conversions based on historical data received from you or other comparable information in the system. You will pay for these conversions at prices agreed. Clicks that occur during the campaign will be associated with downloads that occur on the following days.

In such situations AppSamurai will inform you via the e-mail that is provided during registration, suspend your campaign and charge the account based on the calculation. If it is determined that the postback problem is not resolved AppSamurai reserves the right to keep the account under suspension or even permanently terminate the account.

    1. Over Cap

Because of technical reasons, capped installs might be exceeded by up to 10%, in which case you will be charged for a maximum of 10% installs overrun.

    1. Credit Cards

You can pay via many different types of credit cards with the help of our payment service (3rd party business). If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your campaigns until your payment can be processed. You’ll replace the information for any credit card that expires with information for a valid one each time you want to create a campaign.

    1. Refunds

We refund your deposit, and it will be granted for requests received by our finance team within 7 days after the cancellation. The refund shall only be made via the credit card that the deposit has been paid.

In the event of an interruption/cancellation, you shall notify AppSamurai within 10 calendar days from the last day of the relevant month, along with relevant information and documents (log data, RR reports, screenshots, link redirects, etc.) as well as analysis and justification. This information must be forwarded to the account manager by e-mail. Otherwise, we cannot refund any of your deposits for the wrongful cancellation.

You must communicate the parameters regarding the advertising activity and downloads that you find inappropriate as specified by AppSamurai. In case of failure to share the necessary postback / URL data tracking regarding the objection, we have the right to reject your refund the request.

  1. RIGHTS
    1. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide AppSamurai (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).

    1. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the materials (images, videos) in your campaigns. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

    1. Privacy Policy

We may use and disclose your information and your account according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  1. LIABILITY
    1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. Neither we nor our Team will be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if these damages are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any campaign will be no more than what you paid us for the Service for previous campaigns. In no event shall our cumulative liability to you for all claims arising out of or relating to this agreement, our policies, and/or the access to or use of (or any inability to access or use) any feature of the services, whether in contract, tort, or otherwise, exceed the greater of the amount paid by you to us for your access to or use of the services or $100. We expressly disclaim any and all liability arising out of or related to any acts, omissions, or decisions made or undertaken (or not made or undertaken) by you or any of your affiliates or third parties with whom you share the services or content (whether permitted or not), arising out of or in connection with such parties’ use of the services and content.

    1. Indemnity

You agree to indemnify, defend, and hold harmless us, and our directors, officers, employees and contractors to the fullest extent of applicable law from and against any claim, action, demand, loss, liability, damage, cost or expense (including legal fees) arising from or relating to: (i) your breach of this Agreement; (ii) your unauthorized use of, or misuse of, the Services or Content; (iii) any content you have submitted to or through the Services (including user submissions); (iv) any dispute you have or may have with any third party; or (v) your use of the Services (including any and all acts, omissions, or decisions undertaken or made by you, your affiliates, or third parties with whom you share the Services or Content (whether or not as permitted herein), in each case arising out of or in connection with such parties’ use of the Services or related Content) other than as expressly permitted in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

    1. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as-is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use AppSamurai for a variety of reasons, we cannot guarantee that it will always or totally meet your specific needs.

    1. Disclaimers

The Services may provide links or access to third-party websites, content, products and/or services (“Third-Party Materials”), which may be governed by one or more third parties’ terms or conditions. We are not responsible or liable for such Third-Party Materials; you bear all risks associated with the access to and/or use of such Third- Party Materials. The services, content, confidential information, and all advice or information provided by us or obtained by you from the services or in conjunction with these Terms (including all third-party materials and all user submissions) are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we expressly disclaim any and all warranties of any kind, whether express, implied, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, whether arising by a course of dealing, usage, or trade practice or course of performance, and including any warranty regarding the availability of the services, that your access to or use of the services will be uninterrupted or error-free. You understand and acknowledge that the services and content provided hereunder rely on and/or are based on information, content, materials, and services obtained through a variety of methodologies from third party sources that are not affiliated with or controlled by us, and accordingly, we cannot and does not make any representations as to, and hereby disclaims any and all liability arising out of or associated with the adequacy, sufficiency, completeness, currency, provenance, rights, or other attributes of such services and content, or our collection and processing thereof.you agree that you are not relying on our delivery of any future functionality, or on any of our oral or written public comments or advertising in your use of the services.

You expressly acknowledge that we disclaim any liability for damages incurred by you as a result of sanctions or penalties imposed by third parties (including suspension of your access to or use of a source) because of your access to or use of Platform. You further agree that we have no liability with respect to any applications you publish or distribute, user submissions, and feedback.

The Services and Content are not intended as, and you shall not rely upon the services or content as a source of advice, guidance, or direction. Accordingly, all acts, omissions, and decisions you undertake or make (or refrains from making or undertaking) through the use of the Services, content, or otherwise, are your sole responsibility, and you must use your independent business judgement in the conduct of your business. For the avoidance of doubt, we are not registered in any investment advisory capacity in any jurisdiction globally, and do not offer any legal, financial, investment or business advice. Nothing contained in this agreement, or in any of our products, services, or other offerings, or in any information provided by us to you or obtained by you from us or through the Services should be construed as an offer, recommendation, or solicitation to buy or sell any security or investment, or to make any investment decisions. Any reference to past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome. You should always consult your own professional, legal, financial, investment, and business advisors.

The disclaimers in this section apply to the fullest extent permitted by law.

    1. Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party Internet service providers.

 

  1. DATA
    1. Publisher Data

The Publishers may make available to the Advertiser through AppSamurai certain data that relates to the Publishers’ Ad Inventory, including, but not limited to, any information regarding the Users and their use of such Ad Inventory, including, but not limited to, advertiser identifiers, session-based browsing behavior, and http header information (the “Publisher Data”). Advertiser may only use or disclose Publisher Data as strictly necessary to facilitate the delivery of Ads through AppSamurai to such Publishers’ Ad Inventory. Unless otherwise explicitly agreed upon between the Parties in writing, Advertiser will not use or disclose any Publisher Data for any other purpose, including, without limitation, for retargeting purposes, to create targeting profiles or segments that are specific to any individual User or to otherwise append any Publisher Data to any other data maintained by or on behalf of the Advertiser. Advertiser agrees not to enhance and/or combine any Publisher Data with any personally identifiable data of the User or with any other User Data in a way that makes possible to determine the identity of any User. Advertiser shall treat Publisher Data as Confidential Information of AppSamurai. Following the completion of any Ad Campaign, Advertiser will delete any Publisher Data that it has accessed or received, unless otherwise is agreed upon between the Parties in writing.

    1. User Data

To the extent Advertiser collects any data or information (a) provided by or collected about Users directly via any Ad; or (b) collected about Users by Advertiser via any website, mobile application, or other online service accessible to Users who click on, or otherwise interact with, any Ad (collectively the “User Data”), Advertiser shall be solely responsible for ensuring that it complies with all applicable laws relating to the collection, use, and disclosure of User Data. Without limiting the generality of the foregoing, if Advertiser collects User Data, Advertiser shall be solely responsible for ensuring that it provides all necessary notices to and obtains all necessary consents from Users in accordance with any applicable laws, including, without limitation, by providing notice of a legally adequate privacy policy that 

(a) is readily accessible to Users wherever User Data is collected, and 

(b) fully and accurately discloses what User Data is collected and how such User Data is used and shared. 

For clarity, User Data does not include any Publisher Data or Ad Campaign Data.

    1. AppSamurai Rights on Data

AppSamurai owns all right on any data that it collects in connection with any Ad Campaign made through AppSamurai, which may include, without limitation, information about Advertiser domain, Ads, the number of views, clicks and conversions (collectively the “Ad Campaign Data”). AppSamurai grants the Advertiser a royalty-free, non-exclusive, worldwide, non-assignable and no sublicensable right to use the Ad Campaign Data solely in connection with the execution and for the term of the applicable Ad Campaign. Advertiser shall treat such Ad Campaign Data as Confidential Information of AppSamurai.

If the extent Advertiser provides to AppSamurai any data or information in connection with any Ad Campaign, which may include, without limitation, information about Advertiser domain, Ads, and the number of views, clicks, and conversions, Advertiser hereby grants AppSamurai a royalty-free, non-exclusive, worldwide, perpetual and assignable right to analyze, combine with other data, and otherwise use such in connection with the AppSamurai Services, including for providing the AppSamurai Services for the applicable Ad Campaigns of Advertiser, for generally enhancing, improving, and optimizing AppSamurai services, for statistical purposes, and market research.

  1. MISCELLANOUS
    1. Sanctions Compliance

You represent that you are aware of the International Emergency Economic Powers Act (50 U.S.C. § 1701) and all other laws administered by the U.S. Office of Foreign Assets Control (OFAC) or any other U.S. governmental authority imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against jurisdictions, including among others the Crimea region of Ukraine, Cuba, Iran, North Korea, Syria, and the Government of Venezuela, and persons designated in such Economic Sanctions Laws (collectively, “Embargoed Targets”). You hereby represent that you are not an Embargoed Target or otherwise subject to any sanctions under any Economic Sanctions Laws. You hereby covenant that you shall comply with all Economic Sanctions Laws as they relate to your use of the Service.

We have the right to terminate your access to the Service on our suspicion of a violation by you of (i) any of the representations, warranties or covenants contained in this Section, or (ii) the Economic Sanctions Laws or any other applicable law.

    1. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

    1. Severability

If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

    1. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms will not affect the way this Agreement is interpreted.

    1. No Changes in Terms at Request of Customer

Because we have so many Customers, we cannot change these Terms for any one Customer or group.

    1. Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

    1. Entire Agreement

These Terms and our Privacy Policy make up the entire agreement and supersede all prior agreements, representations and understandings.

Congratulations! You have reached the end of Terms of Use. Thanks for taking the time to learn about policies of AppSamurai.

Updated on March 10, 2023