Terms of Service ("TOS")

Effective Date: June 19, 2020.

Welcome.

These terms of service (“TOS”) apply to you and Sensor Tower, Inc., having an address at 275 Battery St, San Francisco, CA 94111, ("Sensor Tower”) regarding your use of Sensor Tower´s ActionDash app (the “App”), websites, and related services ("Services"). Use of the Services is also governed by Sensor Tower´s Privacy Policy available at https://actiondash.com/privacy, which is incorporated by reference in its entirety.

For United States residents, these TOS contain a binding arbitration clause in Article 8 and a class-action waiver that affects your rights about how to resolve disputes. If you live in the United States, please read it carefully. Except where you opt out, and except for certain types of disputes described in Section 8, you agree that any disputes arising between you and Sensor Tower will be resolved by binding, individual arbitration and you waive your right to participate in any class-action lawsuit or class-wide arbitration.

As a precondition for using the Services, you must agree to these TOS. If you accept these TOS, you represent that you are age 18 or older. If you are between the ages of 13 and 17, you are not allowed to use or otherwise access the Services.

By using or otherwise accessing the Services, you agree to these TOS. If you do not agree to these TOS, you may not use or otherwise access the Services.

Unless otherwise specified by a component of an applicable Service, the Services are free to use or download but may contain features that may allow you to make purchases within the Services.

Sensor Tower may issue additional policies related to specific components of the Services. Your right to use the Services is subject to such relevant policies and these TOS.

1. Right to Use the Services

Subject to these TOS, Sensor Tower hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these TOS.

Except as previously set forth, you are not granted any other rights or licenses under these TOS. Sensor Tower retains all right, title and interest in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, app recordings made using the Services, moral rights, whether registered or not and all applications thereof. Unless expressly authorized by law, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without Sensor Tower’s prior written consent. Sensor Tower reserves all rights not expressly granted to you herein.

The Services and its contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, except for your privacy rights as set forth in our Privacy Policy.

2. Purchases in the Services

Sensor Tower may license to you certain premium features to be used within the Service and which you may purchase with official fiat money or which you may earn or redeem via usage of the Services (“Premium Features”). Premium Features are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use.

Sensor Tower may manage, control, modify or eliminate Premium Features at any time, with or without notice.

All purchases and redemptions of Premium Features made through the Services are final and non-refundable. You acknowledge and consent that once you receive access to the Premium Features, you forfeit your right of cancelation.

Accordingly, you agree that Sensor Tower is not required to provide a refund for any Premium Features for any reason.

If you uninstall any of the Apps as described in our Privacy Policy, you will permanently forfeit any and all purchases or redemptions of the Premium Features without the right to refund, as Sensor Tower will no longer be able associate the Premium Features with you.

3. Code of Conduct

You agree that you will not, under any circumstances:

  • Use, either directly or indirectly, any cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services.
  • Use the Services in violation of any applicable law or regulation.
  • Use the Services for commercial purposes, including, but not limited to, to advertising, or solicitation, or transmission of any commercial advertisements such as spam emails, chain letters, pyramid or other get-rich-quick schemes.
  • Use the Services for fraudulent or abusive purposes including, but not limited to, using the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or the Services;
  • Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or servers used to offer or support the Services.
  • Attempt to gain unauthorized access to the Services, to accounts registered to others or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by Sensor Tower, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, encryption, or software that is part of the Services.
  • Post any information, content or other material (or post links to any information or content) that contains nudity, excessive violence or is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously offensive or otherwise objectionable.
  • Engage in ongoing toxic behavior, such as repeatedly posting information on an unsolicited basis.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Sensor Tower employees, directors, officers, and customer service representatives.
  • Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity, or which impersonates any other person, including, but not limited to, a Sensor Tower employee, director or officer.
  • Unless specifically authorized by law, attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Sensor Tower, or to obtain any information from the Services using any method not expressly permitted by Sensor Tower.
  • Solicit or attempt to solicit login information or any other login credentials or personal information from other users of the Services.
  • Harvest, scrape or collect any information about or regarding other people that use the Services, including, but not limited to, through use of pixel tags, cookies, GIFs or similar items that are sometimes also referred to as spyware.
  • Post anyone's private information, including personally identifiable information/personal data (whether in text, image or video form), identification documents, or financial information through the Services.
  • Engage in any act that Sensor Tower deems to conflict with the spirit or intent of the Services or make improper use of Sensor Tower´s support services.

4. Third-Party Services

Services may include links to third-party services and/or the third-party services may be made available to you via Services. In such cases, these services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which Sensor Tower is not a party.

5. Accounts and Login Information

In a situation where certain elements of the Services enable you to create an account or otherwise register with the Services (“Account”), you may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You agree that you will not give your Login Information to anyone else or allow anyone else to use your Login Information or Account. You are solely responsible for maintaining the confidentiality of the Login Information, and you are responsible for all uses thereof, including purchases. Sensor Tower may assume that anyone logging into your Account using your Login Information is either you or someone logging in with your permission.

Sensor Tower reserves the right to delete your Account if Sensor Tower observes no activity by you in relation to the Account for 180 days or more. In such an event, you may no longer be able to access and/or use any Premium Features associated with that Account and no refund will be offered to you.

6. User Contributions

The Services may allow you to create content, including, but not limited to, graphical visualizations or screenshots or videos of your interactions with the Apps (collectively “User Contributions”).

In exchange for use of the Services, you hereby grant Sensor Tower a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Contributions in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute your User Contributions without any further notice or compensation to you of any kind.

Where not expressly prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Sensor Tower's and other players' use and enjoyment of your User Contributions in connection with the Services and related goods and services under applicable law. This grant of license to Sensor Tower, and the foregoing waiver of any applicable moral rights, survives any termination of these TOS.

If you submit content to us (e.g., app ideas, app features, other product ideas, stories, screenplays, artwork, musical or audiovisual works, inventions, designs, concepts or any other creative materials, etc.) in any format, by means of any transmission (“Submitted Content”), you agree that such Submitted Content will not be treated as confidential, regardless of what you otherwise state in your accompanying message. You further agree that such Submitted Content may be used and exploited by Sensor Tower without compensation to you or any third party and you grant Sensor Tower a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub-licensable and transferable (in whole or in part) worldwide license to use, exploit, reproduce, transmit, amend, display and exhibit Submitted Content in all current or future media for any purpose and to create derivative works based upon the Submitted Content.

7. Communications between Users of the Services

Sensor Tower assumes no responsibility for the conduct of other users of the Services and assumes no responsibility for monitoring the Services for inappropriate content or conduct. Sensor Tower does not, and cannot, pre-screen or monitor all content or conduct of users. Your use of the Services is at your own risk.

By using the Services, you may be exposed to content or conduct that is offensive, indecent or otherwise not in line with your values. Sensor Tower may utilize technology to monitor and/or record your interactions with the Services or communications (including, but not limited to, chat text) when you are using the Services. You irrevocably consent to such monitoring and recording. Accordingly, you agree that you have no expectation of privacy concerning the transmission of any content within the Services, including, but not limited to, chat text or voice communications.

Sensor Tower reserves the right at its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Sensor Tower chooses, at its sole discretion, to monitor the Services, Sensor Tower nonetheless assumes no responsibility for content made available by users of the Services, and Sensor Tower assumes no obligation to modify or remove any inappropriate content.

8. Binding arbitration / Class waiver

If you are a United States resident or otherwise make any claim against Sensor Tower in the United States, you expressly agree that any legal claim, dispute or other controversy between you and Sensor Tower arising out of or otherwise relating in any way to Services, including controversies relating to the applicability, enforceability or validity of any provision of these TOS or Sensor Tower´s Privacy Policy (collectively "Disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American Arbitration Association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "Rules and Procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.

The arbitrator's award shall be final and binding on you and Sensor Tower and may be entered as a judgment in any court of competent jurisdiction.

Payment of arbitration costs will be governed by the AAA's fee schedule. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.

The place of arbitration shall be San Francisco, CA, USA. The arbitration shall be governed by the laws of the State of California.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

As an exception to the binding arbitration rule, to the extent a Dispute arises from:

  • A violation of Sensor Tower´s intellectual property rights in any manner;
  • Any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the United States Computer Fraud and Abuse Act or Section “Code of conduct” of these TOS; and
  • Any claim for equitable relief;

then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in any court with jurisdiction over the other party.

To the extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. You and Sensor Tower agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, and no arbitration shall be joined with any other arbitration.

9. Suspension and Termination for your Breach

Without limiting any other remedies available to Sensor Tower, if Sensor Tower believes that you are in breach of these TOS, Sensor Tower reserves the right to take any of the following actions, whether individually or in combination, and either with or without notice to you: (i) delete, suspend and/or modify your Account or parts of your Account; (ii) limit, suspend and/or terminate your access to the Services; (iii) modify and/or remove any of your Premium Features; (iv) reset and/or modify any app progression or benefits and privileges associated with you.

10. Availability of the Services

Sensor Tower may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if Sensor Tower believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of these TOS.

Sensor Tower reserves the right to stop offering and/or supporting the Services or a part thereof (e.g. an app or a feature of an app) at any time, at which point your license to use the Services or a part thereof will be terminated automatically. In such an event, unless otherwise required by applicable law, Sensor Tower does not have to provide refunds for Premium Features or other items in connection with such discontinued Services.

11. Disclaimer

To the fullest extent permissible under applicable law, the Services are provided to you “AS IS” and “AS AVAILABLE” and with any and/or all faults and defects without warranty, assurances, or guarantees of any kind. It may have defects and/or faults, and your use is solely at your risk. Sensor Tower does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, but not limited to, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Sensor Tower does not warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Sensor Tower, its employees or other representatives constitute a warranty.

Without limiting the foregoing, neither Sensor Tower nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS shall infringe upon the statutory rights that you may have as a consumer of the Services.

12. Limitations of Liability

In no way will Sensor Tower be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these TOS or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Sensor Tower has been advised of the possibility of such damages. For purposes of this Section 12 “Limitations of Liability,” Sensor Tower’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and may enforce these TOS against you.

In no way will Sensor Tower´s total aggregate liability arising out of or in connection with these TOS, the Privacy Notice or the Services exceed the higher of: (i) the actual price (if any) you paid for the license to use Premium Features; or (ii) one hundred US dollars ($100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Sensor Tower and you.

Some jurisdictions do not allow certain limitations of liability such as these stated above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions. Moreover, you may have additional legal rights in your jurisdiction, and nothing in these TOS will infringe upon any statutory rights you may have as a consumer of the Services.

You agree to indemnify, defend and hold Sensor Tower (and Sensor Tower´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these TOS; however, the foregoing does not apply if the third-party claim is not attributable to your intentional or negligent behavior.

If you believe the Services or any of its content infringes your copyrights, please send a notice to: Sensor Tower, Inc., 275 Battery St, San Francisco, CA 94111, or alternatively via email to: legal@sensortower.com. Notices sent to the specified address will reach Sensor Tower´s registered DMCA agent.

Please include all of the following in your DMCA notice:

  1. Identify the copyrighted work that you claim has been infringed. If your DMCA notice covers multiple works, you may provide a representative list of such works.
  2. Identify what you claim is the infringing material, including a description of where the material is located. Your description must be reasonably sufficient to enable Sensor Tower to locate the material.
  3. Provide your full legal name, mailing address, telephone number, and (if available) email address.
  4. Include the following statement in the body of the DMCA notice:

“I have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. I represent that the information in this DMCA notice is accurate and, under penalty of perjury, that I am the owner of the copyright or authorized to act on the copyright owner’s behalf.”

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that a material or activity is causing infringement, you may be liable for damages, including the costs and attorneys’ fees incurred by us or our users. If you are unsure whether the material or activity you are reporting is causing infringement, you may wish to contact an attorney before serving a notice to Sensor Tower.

Sensor Tower may link to third-party websites or services from the Services. You understand that Sensor Tower makes no promises regarding any content, goods or services provided by such third parties and, you understand Sensor Tower does not endorse them. Sensor Tower is also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to these third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and you understand Sensor Tower´s Privacy Notice does not apply in relation to such data.

15. Changes to these TOS

Notwithstanding Article 8 “Binding arbitration / Class Waiver,” Sensor Tower may update these TOS from time to time in response to changing legal, technical or business developments. When Sensor Tower updates these TOS, Sensor Tower will take appropriate measures to inform you via the Services or otherwise, in accordance with the significance of the changes Sensor Tower makes.

By continuing to access or use the Services after updates become effective, you agree to be bound by the updated TOS.

16. Governing Law

These TOS are governed by the laws of the State of California and applicable federal laws regardless of conflict of law provisions. You agree that any claim or dispute you may file against Sensor Tower must be resolved exclusively by a court located in Santa Clara County, San Mateo County, or San Francisco County, California. Your use of the Services may also be subject to other local, state, national, or international laws.

If the jurisdiction of your domicile prohibits Sensor Tower from enforcing the governing law provision, nothing in these TOS limits your rights based on the laws governing your domicile.

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

18. Translation Interpretation

These Terms and Conditions may have been translated from English into another language and made available to you as part of the Services. You agree that the original English text shall prevail in the case of a Dispute.

19. Assignment, Severability and Entire Agreement

Sensor Tower may assign these TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these TOS or the Privacy Notice without Sensor Tower’s prior written consent, and any unauthorized assignment or delegation by you is void.

If any provision of these TOS is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOS will remain in full force and effect. Sensor Tower’s failure to enforce any right or provision of these TOS will not be deemed a waiver of such right or provision.

This TOS, including the Privacy Policy, sets out the entire agreement between you and Sensor Tower regarding the Services and supersede any and all earlier agreements and understandings associated with the Apps and/or between you and Sensor Tower.

Any failure by Sensor Tower to exercise or enforce any of its rights under these TOS does not waive its right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by an authorized representative of Sensor Tower.

20. Contact Us

If you have any questions about these TOS, please contact legal@sensortower.com.

Copyright © 2020 Sensor Tower, Inc