Publishers terms of service
1. Introduction
We provide a service to allow you to incorporate AppBrain’s SDK in your Android application, subject to these Terms and Conditions. This agreement will start from the date you include our SDK into one of your apps.
Use of AppBrain’s SDK, its banner and interstitial ad units allows you to generate revenue. The volume of your revenue will be determined by the actual performance of your non-incentivized ads. Any install of promoted apps on your users’ device within 24 hours of a click on the promoted ad unit will generate revenue for you. The measurements of installs done by AppBrain are the definitive and only measurements on which payouts are calculated.
The AppBrain SDK can solely be used for the purpose of using AppBrain’s services.
2. Payment
Revenue will be paid out by calendar month. Payment will be done at most 60 days after the end of the month in which the revenue is generated. All payments are done in US dollar, either via PayPal or wire transfer. The minimum payout limit for PayPal is $25, in case of wire transfer it is $100. If the balance remains below the mentioned minimum limits the revenue will be added to the next month’s payout. The revenue will continue to be rolled over to the next month until it reaches the minimum payout limit of $25 or $100.
You can choose to use your revenue for the promotion of your app(s) and receive a transfer bonus. The minimum amount to transfer to the promotion budget is $10.
The day-to-day revenue overview on the AppBrain developer interface serves as an indication of revenue, but AppBrain determines the actual amount at the end of each calendar month.
3. Usage of the service
It is not permitted to use any automated means to access, monitor, modify, or otherwise manage your publisher account or AppBrain SDK. Any attempt to interfere or otherwise obstruct the functioning of our SDK or the AppBrain promoted app system may result in immediate account termination. We reserve the right to exclude any app from our system at any time for any reason, including, but not limited to the app not being published on the Google Android market, the app not being in accordance with Google’s Android market content policy (http://www.android.com/us/developer-content-policy.html), or the app or the use of the SDK competing with the interests of AppBrain. Upon account termination, any outstanding balance will be seized by AppBrain. The publisher should follow the instructions as set forth in the integration guide. Failure to comply with these instructions may result in excluding an app from our system, withholding of revenues generated by that app, or account termination.
4. Use of information
By this agreement, you grant AppBrain an irrevocable, worldwide license to use, copy, modify, adapt, reformat, and redistribute all information about applications you have authored, distributed or published in or outside the Google Play store. All uses of the SDK are subject to our approval. Inclusion of the SDK does not guarantee distribution or visibility on the AppBrain network, nor does it guarantee serving of actual revenue-generating promoted apps.
5. No warranty and liability
You agree there is no warranty for this service. Any risk related to the quality, performance, uptime, or availability of the SDK or AppBrain promoted app system lies with you. AppBrain is not liable for any damages resulting from the use or inability to use this service. Without limiting the generality of the foregoing, AppBrain is not liable for any error in the display of promoted apps, system outages, delays in applying changes in settings, or misrepresentation of numbers on the promoted apps dashboard. You assume any liability for the display of materials, any use of a third parties intellectual property, such as copyrighted terms, logos or images.
6. Definitions
In this agreement, “we”, “AppBrain”, means AppTornado GmbH, a limited liability company, Stallikerstrasse 29, 8142 Uitikon, Switzerland. The “AppBrain network”, “AppBrain developer interface”, and “SDK” means any part of AppTornado’s software and systems, including, but not limited to the code in the SDK jar file, the www.appbrain.com website and its promoted app system.
7. Miscellaneous
This agreement shall be governed by the laws of the canton of Zürich, Switzerland, and any conflict arising from it shall be adjudicated in Zürich, Switzerland.
Non-Exclusivity: The relationship between AppBrain and you is non-exclusive and this agreement does not restrict either party from engaging in any promotion or advertisement relationship with any other party.
Press Releases: You agree that AppBrain can mention our relationship in press releases or on our website. You permit AppBrain to display your application logo and description on AppBrain’s website or any other media as part of its client list.
Entire Agreement: This agreement constitutes the complete statement of all mutual understandings between you and AppBrain and it supersedes any prior proposals, communications and understandings.
Change log:
Sep 4, 2015: Clarifications, added Non-Exclusivity, Press Releases and Entire Agreement.