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User Agreement

Last Updated: May 25, 2018

AppFollow.fi Oy (Business ID (Y-tunnus): 2728364-5 hereinafter ‘AppFollow’) welcomes you (‘User’) to use AppFollow’s online software (‘Software’) described herein in accordance with the terms of this User Agreement.

This User Agreement, the Payment terms in force from time to time at https://appfollow.io/pricing, the Privacy policy in force from time to time at https://appfollow.io/privacy, the appended standard contractual clauses for data transfer, the appended data processing agreement (‘DPA’) and the applicable selections made by User in the User’s interface shall be collectively referred to as the ‘Agreement’.

By clicking the acceptance button or accessing and using any part of the Software described herein, User agrees to and consents to be bound by all of the terms of this Agreement. If User does not agree to all of the terms of this Agreement, the User may not access or use any part of Software.

Definitions

‘App’ means proprietary mobile software application or any similar software developed and/or owned by User or third party that is sold, streamed, transmitted, is available for download or otherwise made available to any consumer(s), customer(s), or other user(s) via appstore(s) with the help of customers’ mobile devices.

‘Appstore’ means a mobile software distribution platform (Apple App Store, Google Play Store, and any other similar online stores) accessible via Internet with the help of customers’ devices.

‘License fee’ means an amount of money paid by User to AppFollow for using Software.

‘Software’ means the AppFollow’s online software tool located at the website https://appfollow.io and accessible via User’s Interface that User can use to receive the Software-processed and personalized information from open sources about Apps that are available in Appstore(s) including competitive market analysis, regular feedback reports, regular release announcements, and other data relating to Apps.

‘User’s Account’ means an individual record with its unique ID and password that AppFollow creates for User upon the registration at https: https://appfollow.io.

‘User’s Interface’ means online point of interaction with AppFollow provided to User through which User may access Software and may set and preconfigure Software to receive the personalized information about chosen App(s).

AppFollow’s License

AppFollow grants User a limited, revocable, non-exclusive, worldwide license to use Software during the validity of the Agreement and subject to the specific limitations set forth in the User’s subscription plan, and provides User with User’s Account and User’s Interface so long as User pays License fee and uses Software in accordance with the terms and conditions stipulated under this Agreement.

AppFollow grants User through User’s Interface:
– the ability to choose and set up User’s personal collections of App(s) that User wish to follow;
– the ability to monitor chosen App(s);
– the ability to get the Software-processed and personalized information about chosen App(s) (competitive market analysis, regular feedback reports, regular release announcements, etc.)
– the ability to integrate Software with User’s favorite tools like Trello, Slack, User’s email, etc. according to AppFollow’s instructions.

This Agreement does not convey title or ownership of Software from AppFollow to User but instead gives User only the limited rights set forth above. AppFollow reserves all rights not expressly granted by this Agreement. For the avoidance of doubt, no access to, or rights in the source code of the Software are granted hereunder.

User Account
and User’s Obligations

The User’s account is personal, and the User undertakes to keep its user name and password confidential. Access to the Software and the User’s Account may not be provided to third Parties without the express, prior written consent of AppFollow. The User undertakes to use the Software subject to the terms of this Agreement. Furthermore, the User undertakes to keep its payment details up to date and valid.

The User is solely responsible and liable for its use of the Software. The User shall not use the Software for purposes which are illegal, breach the rights, including personal data or intellectual property rights or business secrets, of third parties, or that is contrary to good business practice or public morality or the terms of the Agreement.

Furthermore, the User shall not scrape or otherwise collect data from or through the Software for profit or otherwise without the express, prior written consent of AppFollow.

AppFollow reserves the right to audit the User’s use of the Software in order to ensure that such use is in accordance with the terms of the Agreement and the User’s specific service plan and pricing model. In such an event, the User agrees to render full co-operation for the execution of such an audit.

Free Trial period

AppFollow may grant User a one-time free trial period to use Software. Free Trial Period is for two weeks, unless extended by AppFollow at its sole discretion.

If the Free Trial period is chosen, User shall pay the License fee according to this Agreement by the ending of the Free Trial period. In the event the User fails to do so, AppFollow may downgrade the User’s account to the free subscription plan without advance notice at its sole discretion.

For the avoidance of doubt, each User is only entitled to one Free Trial period. The creation of multiple accounts in order, e.g., to abuse the Free Trial period is expressly prohibited.

Payment terms

User shall pay License fee according to the payment terms selected by User at https://appfollow.io/pricing. User shall pay License fee monthly/semi-annually/annually in advance according to the selected payment plan and using the payment method provided by AppFollow.

User shall make all payments on or before the due date, which shall fall before the period of use of Software. Payment is considered to be made when it is received by AppFollow. If User does not make License fee payment in full and by the due date, AppFollow may suspend User’s Account and disable User’s Interface or downgrade the User’s account to a free plan at its sole discretion.

With the sole exception of taxes based on AppFollow’s net income, User shall pay all applicable taxes including any VAT and other sales, use, excise, or other taxes, all transfer charges, commissions, fees, and other expenses associated with payments under this Agreement.

Intellectual property

User acknowledges and agrees that Software and its source code form, all enhancements, corrections and modifications to the Software, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of Software, are and shall brand associated the sole and exclusive property of AppFollow and, where applicable, AppFollow’s suppliers.

User may not reverse engineer, decrypt, decompile, disassemble or otherwise translate Software into human readable form or allow anyone else to do so.

Reference Use

AppFollow may use the User and/or the company affiliated with the User or that the User represents as a public reference in marketing and selling its services.

Personal Data

AppFollow gathers and processes personal data within the meaning of the EU General Data Protection Regulation (2016/679) in two different scenarios:
– AppFollow gathers and processes the personal data of the User’s contact persons and in connection to the User Account mainly for the purpose of providing the Software as specified in the Agreement and for providing information relating to the Software as more closely specified in AppFollow’s Privacy Policy, an up to date version of which can be found at: https://appfollow.io/fi/privacy. For this personal data, AppFollow is the data controller. (“AppFollow Personal Data”)
– AppFollow processes personal data relating, e.g., to reviewers and app publishers as well as to any social media or email accounts linked to the Software on the User’s behalf and subject to the instructions of the User as more closely specified in the Privacy Policy and the appended Data Processing Agreement. For this personal data, the User is the data controller and AppFollow is the data processor. (“User’s Personal Data”)

Both of the above are collectively referred to as Personal Data. AppFollow collects and processes Personal Data in compliance with the applicable personal data legislation and with its Privacy Policy in force from time to time. The User accepts that AppFollow uses sub-processors with regards the above Personal Data in such a way that the sub-processors are bound by the terms of the Privacy Policy and Data Processing Agreement referred to above.

Furthermore, the Software is currently provided by a distributed team with members outside the European Economic Area (“EEA”). Therefore, the User accepts that AppFollow transfers and processes Personal Data outside the EEA subject to the Privacy Policy, the Data Processing Agreement, and the appended standard contractual clauses: Controller-Controller clauses for the AppFollow Personal Data and Controller-Processor clauses for the User’s Personal Data.

Confidentiality

Irrespective of whether this Agreement has been terminated, each of the Parties shall maintain in strict confidence the business secrets, proprietary information, customer information, personal information and any other information of a confidential nature of the other Party coming into its knowledge during the entry into and performance of this Agreement.

A receiving Party may disclose the Confidential Information of the disclosing Party to its relevant employees, agents or its appointed professionals, provided that such receiving Party shall ensure that such persons shall comply with relevant terms and conditions of this Agreement and that it shall assume any liability arising out of any breach by such persons of relevant terms and conditions of this Agreement.

Except where prior written consent has been obtained from the Party disclosing the Confidential Information or where relevant Laws mandate disclosure to a third party, the Party receiving the Confidential Information shall not disclose any Confidential Information to any third party. This confidentiality obligation shall remain in force during the validity of the Agreement and for three years after the ending of the Agreement.

Availability and Support

AppFollow seeks to keep the availability of the Software at a high level and to correct defects and interruptions of service in a timely manner. However, AppFollow does not commit to any specific level of availability or any specific service level or response or defect correction times, and does not undertake any liability or service credits for interruptions in service.

Furthermore, the User accepts that the Software may from time to time require maintenance or correction of defects which requires the Software to be unavailable for a period of time. AppFollow undertakes, whenever possible, to give advance notice of such periods to the User.

Limited liability

User acknowledges and agrees that under no circumstances should AppFollow be responsible for data available in any Appstore.

Software is provided «as is», and no implied or express warranties are given, e.g., as to the Software being free from defects, non-infringing or fit for a particular purpose. User acknowledges and agrees that any Appstore may not possess all data, needed by User, in particular: key words, screenshots, versions, etc.; data available in any Appstore may change and it takes time to collect and update information by Software; Software-processed information may contain minor mistakes, which AppFollow promises to correct if possible.

Never the less, User understands that AppFollow does its best to collect and process as much data as possible and provide User with Software-processed personalized information in convenient form.

User acknowledges and agrees that AppFollow does not act as a professional consultant, adviser, etc., and Software-processed and personalized information provided to User do not constitute a professional advice.

AppFollow does not warrant User the possibility to obtain a financial or other type of outcome, which is the result of use of Software.

Neither Party shall under any circumstances be liable for any indirect or consequential damages of the other Party arising under or in connection with this Agreement. In any event, AppFollow’s overall liability for any damage or loss incurred under this Agreement shall be limited to the amount of the User’s license fees paid to AppFollow for the preceding three months. These limitations of liability shall not apply to breaches of confidentiality or intellectual property rights obligations and/or cases of intentional misconduct or gross negligence.

Term & Termination

This Agreement between AppFollow and User shall commence upon acceptance by User of all terms of this Agreement by clicking the acceptance button or accessing and using any part of Software and shall continue until terminated in accordance with the terms of this Agreement. Either party may terminate this Agreement at any time upon thirty (30) days prior written notice; however, in the event the termination is carried out by AppFollow and the special grounds for termination listed below do not apply, the User’s access to the Software shall in any event not cease before the ending of the User’s fully paid-up subscription period.

In addition to the above, AppFollow shall have the right at its sole discretion and without any prior written notice terminate this Agreement if:
– User provided invalid data to complete the registration process or the User’s payment details do not allow the license fee to be charged and the error is not corrected within 14 days of receiving a notice to do so from AppFollow; OR
– User breached the User Agreement; OR
– User failed to pay license fee in full and on the due date, and has failed to pay the outstanding sum within 14 days after receiving a notice of late payment from AppFollow; OR
– User’s Interface has not been logged into and there have been no License fee payment from User for a period of three (3) months.

Upon termination of this Agreement, for whatever reason, all licenses granted from AppFollow to User under this Agreement, User’ Account, User’s Interface shall immediately terminate without any data restoration. Upon termination of this Agreement, each party will remain liable to the other for any amounts due and owing to the other party as of the date of termination, and such obligation to pay shall survive the termination of this Agreement. In the event of termination or expiry of the Agreement for any reason, no license fees paid by User to AppFollow shall be returned.

Miscellaneous

Amendments: AppFollow can from time to time unilaterally make amendments to the Software for technical or usability reasons. Furthermore, AppFollow can unilaterally make substantial changes to the Software or to the Agreement, including pricing terms, whereupon AppFollow shall give notice of the same to the User, whereupon the User shall have the right to terminate, within 14 days of receiving the notice, the Agreement to end at the ending of the User’s current, paid-up subscription period. In the event the User does not notify AppFollow of its intention to terminate the Agreement within said period, it shall be deemed to have accepted the amendments to the Software and/or User Agreement and the amendments shall enter into force.

Notices: Any notice or other communication under this Agreement shall be in writing and shall be considered given when sent by email.

Competent law and jurisdiction: This Agreement and the relationship between the Parties are governed by the law of Finland. Any dispute, controversy or claim arising out of or relating to this contract or the breach, termination or validity thereof shall be settled by negotiations between the Parties. If the Parties fail to settle the dispute through negotiations, the dispute shall be finally settled by arbitration by a sole arbitrator in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The place of arbitration shall be Helsinki and the language of arbitration shall be English. However, in the event the User is a private individual rather than a representative of a company, any dispute not resolved through negotiations shall be settled by the court of competent jurisdiction.

Force majeure: Neither Party shall be liable because of any failure or delay in the performance of its obligations hereunder for any case of «Force Majeure», which is understood as any unpredictable event external to a party and which is beyond its reasonable control.

Severability: If any provision of this Agreement held by any court of competent jurisdiction to be illegal, null or void, all the remaining provisions of this Agreement shall remain in full force and effect.

Transfer/ Assignment: User is not authorized to assign this Agreement (including sending, transmitting ID and password to the third party) without the prior written permission of AppFollow.