Terms of Service

1. Services

1. The Services are designed to support Customer in the analysis and optimization of Customer’s mobile advertising campaigns.
2. Apptrove shall render the Services in accordance with the service description specified in the applicable Order Form and as set forth in this Agreement. The Services and support are provided in English.
3. In order to ensure the proper functioning of the Services, Apptrove reserves the right to (i) make technical changes and improvements to the Services within a reasonable scope, provided the changes do not result in a reduction of the functionality, performance, availability, or security of the Services and (ii) suspend the Services for maintenance or repair purposes. Apptrove will inform Customer about material changes to the Services or planned suspensions of the Services as far as reasonably possible in advance via the Dashboard and/or email.

2. Free Versions and Trial Access

1. For testing purposes, Apptrove may offer at its own discretion certain Services free of charge for a limited period of time (“Free Versions”). The provision of the Free Versions automatically ends once the period or volume limitations of the Free Versions have been reached.
2. Either Party may terminate the provision/use of the Free Versions at any time.
3. Subject to Section 11.5, Apptrove’s liability for defects of the Free Versions, in particular for their correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness, or usability, is excluded, except in the case of intent or fraudulent intent.
4. Notwithstanding Section 3, no Order Form will be provided by Apptrove for Free Versions. If the requirements for the use of the Free Versions are met, Apptrove will grant Customer access to the Free Versions via the Dashboard.
5. Sections 4.1 to 4.3 also apply to free trial periods (“Trial”). If applicable, Trial periods will be specified in the Order Form.

3. Account

In order to access the Services and the Dashboard, the Customer needs to create an Apptrove account. Customer represents and warrants to Apptrove that all data provided by Customer during the account registration is complete and correct. The customer is obliged to promptly inform Apptrove about any changes to this data or to update altered data in its Apptrove account.

4. Confidentiality

1. Each Party (“Receiving Party”) shall keep in confidence and use solely for the purpose of performing its obligations under this Agreement and the applicable Order Form all Confidential Information which it receives from the other Party (“Disclosing Party”) in connection with this Agreement and the applicable Order Form. “Confidential Information” means all information and documents, including this Agreement and the applicable Order Form, which are either marked as confidential or which, according to the circumstances or their nature, should reasonably be considered to be confidential. In particular, Confidential Information comprises all trade secrets under the applicable law. Confidential Information also includes non-public technical, business, or other information, information concerning technologies, research and development, products, services, prices for products and services, marketing plans, and financial matters. Information which
   
   a. was already known to the Receiving Party before it received such information from the Disclosing Party under this Agreement;
   b. the Receiving Party independently developed without availing itself of Confidential Information of the Disclosing Party;
   c. the Receiving Party obtained from a third party, provided the respective third party is entitled to disclose such information without violating confidentiality obligations protecting the Disclosing Party’s Confidential Information;
   d. is or becomes generally known without fault of the part of the Receiving Party; or
   e. the Disclosing Party has been exempted from confidentiality vis-à-vis the Receiving Party by way of a written agreement, is not Confidential Information.
   
   
2. The Receiving Party shall protect Confidential Information against unauthorized access and treat such information with the same care they apply to their own, equally Confidential Information, but in no event less than a reasonable duty of care. Except with the prior written approval of the Disclosing Party, the Receiving Party shall not disclose Confidential Information to any third party. Nothing in this Agreement prohibits either Party from making disclosures of Confidential Information if required by applicable law, subpoena, or court order, provided (if permitted by applicable law) it notifies the other Party in advance and cooperates in any effort to obtain confidential treatment.
3. The Receiving Party may use and have used and disclose Confidential Information by or to (i) its subcontractors, (ii) its technical service providers, e.g. of hosting or outsourcing services, (iii) legal counsel, tax advisors, auditors and/or accountants, (iv) third parties that are involved in M&A or restructuring activities concerning the Receiving Party to the extent this is reasonably required to conduct such activities, in each case of (i) through (iv) provided that such third party is bound by legal or professional confidentiality duties or has agreed toward the Receiving Party to confidentiality obligations that are materially comparable to the terms of this Section 12.
4. The Receiving Party shall return or irretrievably delete (as reasonably instructed by the Disclosing Party) any and all Confidential Information upon (i) the termination of this Agreement or any applicable Order Form; or (ii) written request by the Disclosing Party, whichever happens first. The Receiving Party shall not be required to delete or erase such copies of Confidential Information that are stored on backup media or backup servers until such time as the backup copies are scheduled to be deleted in accordance with recognized IT security procedures, provided that, subject to Section 12.2, the Receiving Party will not use any such retained Confidential Information for other than back-up purposes.
5. This Section 12 shall survive the termination of this Agreement and the applicable Order Form by a term of three (3) years.

5. Agencies and Partners

1. Customer may also be an agency that is representing or providing services for the benefit of its clients (“Agency“). Agency may give its clients access to the Dashboard and use the Services for the benefit of its clients provided that the requirements and restrictions of this Agreement and the applicable Order Form, in particular Section 16 (Export Control) below, are met. Section 6 remains unaffected. Agency warrants that it will only use the Services as contractually agreed with its clients.
2. The Services enable Customer to measure and analyze marketing campaigns with certain third parties that Customer cooperates with, such as advertising networks, publishers, and analytics providers (“Partners“). Customer may give Partners access to the Customer Data and the Dashboard, subject to a separate agreement between Customer and the respective Partner. Section 6 remains unaffected. Customer warrants that it will only use the Services as contractually agreed with its Partners.
3. Apptrove will not be liable to Agency’s clients or to Partners under any circumstances and does not make any representations or warranties to Agency’s clients or to Partners. This contract has no protective effect in favor of the Agency’s clients or in favor of Partners and neither the Agency’s clients nor the Partners shall have any contractual recourse against Apptrove.

6. Billing & Refund Policy

• For availing any services at Apptrove, you need to have a registered account with us, at the website by following Sign Up link.
• Our plans have been indicated on the website under the Pricing section, which has been categorized as Essential, Advanced and Enterprise, with different pricing depending upon the features offered under each of them. The billing details have been provided under Billing Policy.
• At Apptrove.com, we do our best to ensure that you are completely satisfied with our products/services but still, situation may arise for you to cancel the plans/services. The refund is available only to Individuals in case account/plan is cancelled within 14 days of first payment.

Please refer here for the detailed Billing / Refund Policy applicable to Apptrove Clients, provided under Billing Policy.

7. User Eligibility

• To be able to use any services offered by Apptrove, you need to be of competent to Contract in terms of Indian Contract Act, 1872. If you are a minor, i.e. below 18 years of age in India or below the majority age as per the laws of your country, you may use the services only during the trial period. Apptrove reserves the right to ask for proof in support of age or even terminate your membership if it is brought to our notice that account was created by providing age falsely.
• Apptrove also reserves the right to ask for a copy of government ID for KYC purposes.
• You confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this Agreement or online services of nature and function similar to ours.
• Lastly, you confirm that you are not violating any applicable law by entering this Agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.

8. Registered Users

You understand that Apptrove services are made available to you subject to registration upon the website in terms of these Terms of Service. Further,

• You are liable to provide true, accurate, updated and complete profile at Apptrove.com and regularly maintain and promptly update the Profile to keep it true, accurate, updated and complete, failing which your account can be de-activated/disabled;
• You are expected not only to comply with these Terms of Service but also applicable law of the land as well, as may be applicable in your jurisdiction;6. Account Restrictions

In terms of the Information Technology Act and rules thereunder, you would not host, display, upload, modify, publish, transmit, update or share any information that —

1. Belongs to another person and to which the user does not have any right to unless you have written consent from the owner of the copyrighted material;
2. Is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. Harm minors in any way;
4. Infringes any patent, trademark, copyright or other proprietary rights;
5. Violates any law for the time being in force;
6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. Impersonate another person;
8. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
10. Is false, defamatory or libelous, inaccurate, abusive, vulgar, bigotry, hateful, harassing, offensive, obscene, profane, threatening, promoting racism, promoting illegal activities, promoting physical harm of any kind against any group or individual, invasive of a person’s privacy, adult material including pornography, or otherwise in violation of any Indian or International Laws.

9. Retention & Backup Policy

• The logs and user data would be retained as a backup in Apptrove server for at least 3 (three) months from the date of its creation or for such a period as may be required by any government agency. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of the land but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the server in unforeseen circumstances or make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
• In case of any technical difficulty in the system, we will have a backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Apptrove user agree that in no case, Apptrove can be held responsible for the loss of data in any circumstances.

10. Termination

• You are hereby informed that in case of non-compliance with the updated rules, Terms of Service Agreement including policies referred herein as posted on Apptrove.com, management has the right to immediately terminate the access or usage rights of the users to the services and also remove non-compliant information;
• You further agree that we, in our sole discretion, may terminate your Apptrove account or password or use of any or all of the services, for any legal reason or complexities, including, without limitation, for improper use of any service or if we believe that you are not eligible to become a registered user. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice;
• Further, at the time of registration at Apptrove, if you provide any information that is untrue, inaccurate, not current, or incomplete or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Service Agreement. We have the right to indefinitely suspend or terminate your access and refuse to provide you with access to the Website.
• Lastly, you agree that Apptrove shall not be liable to you or any third-party for any termination of your access to the Service in any of the above circumstances or due to any other unforeseen circumstance or legal complexities.

In any case, you may terminate your service at any point with or without cause by writing to us at support@apptrove.com.

11. Monitoring and Support

• To ensure users receive the highest possible level of service, Apptrove may randomly monitor the Apptrove services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
• In case of any Grievance with respect of any Apptrove services, user can contact the grievance officer, whose details have been published later herein under these Terms.
• You can obtain assistance with any technical difficulty that may arise in connection with the user’s utilization of the Apptrove services by requesting assistance via email to support@apptrove.com. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
• You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Apptrove Services and users shall be responsible for all charges related thereto.14. Governing Law

These Terms of Service is published in compliance of, and is governed by the provisions of Indian laws, including but limited to Information Technology Act, 2000 (“IT Act”) and the rules, regulations, guidelines and clarifications framed thereunder; Consumer Protection Act, 1986 and Indian Contract Act, 1872 (“Contract Act”).
Client agrees to use the service in compliance with applicable law and this Agreement and the annexed documents. Further,

• The Terms of Service and the relationship between you and Apptrove shall be governed by the laws of India. The Courts of law at New Delhi, India shall have exclusive jurisdiction over any disputes arising under this Agreement or other related issue arising out of the use of this site or related services. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
• If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the Agreement remain in full force and effect.
• Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
• Clients/Visitors who choose to visit these websites from other jurisdictions do so, on their own initiative. Those visitors are solely responsible for compliance with all laws, rules, and regulations, union, state, and local or foreign, applicable to the use of this website and information, content, material, and services contained herein.
  The section titles in this Agreement and annexed documents are for convenience only and have no legal or contractual effect.

Third-Party Legal Actions: It is our policy to respond with reasonable promptness to subpoenas and other legal process served on Apptrove that seek information, documents, or other business records. Third parties wishing to serve such process may do so in writing to the following address:

Apptrove (Legal)
support@apptrove.com
Mobile:+91-7838453187

12. Cookies

• We employ the use of cookies. By using Apptrove‘s website you consent to the use of cookies in accordance with Apptrove’s privacy policy.
• Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate/advertising partners may also use cookies.

13. Linking to the Web Site

The following organizations may link to our Web site without prior written approval:

• Government agencies;
• Search engines;
• News organizations;

Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

• These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
• We may consider and approve in our sole discretion other link requests from the following types of organizations:

1. Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP, and Consumers Union;
2. dot.com community sites;
3. Associations or other groups representing charities, including charity giving sites,
4. Online directory distributors;
5. Internet portals;
6. Accounting, law, and consulting firms whose primary clients are businesses; and
7. Educational institutions and trade associations.

• We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Apptrove; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

• If you are among the organizations listed above and are interested in linking to our website, you must notify us by sending an e-mail to udit.verma@trackier.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
• Approved organizations may hyperlink to our Web site as follows:
• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Apptrove’s logo or other artwork will be allowed for linking absent a trademark license agreement.

• Further, without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

• If you find any link on our Web site or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will not be obligated to do so or respond directly to you.
• Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.