1.1. This Appboy Terms of Service (the "TOS") will be effective May 30, 2013, and will replace the existing Appboy Terms of Service.
1.2. The TOS governs your use of Appboy's website and related Appboy software and services (collectively the "Services").
1.3. The Services are provided by Appboy, Inc. ("Appboy"), a Delaware corporation with principal place of business at 265 W. 37th Street, Suite 1212, New York, NY 10018.
1.4. Agreements entered into between Appboy and its Developers, partners and vendors may provide for additional terms related to treatment of certain information of end users and data generally by Appboy.
Using Our Services
2.1. By using the Services, you are agreeing to the terms of the TOS. Please read the TOS carefully. Do not use the Services if you do not agree to all of the terms of the TOS.
2.2. Subject to your remaining in full compliance with the TOS, Appboy hereby grants to you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license solely to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provide by Appboy, in the manner permitted by the TOS. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless prohibit those restrictions or you have Appboy's written permission.
2.3. Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.
2.4. Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. The TOS does not grant you the right to use any branding or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Services.
2.5. The Services may display some content that is not owned by Appboy. This content is the sole responsibility of the entity that makes it available. Appboy may review content to determine whether it is illegal or inconsistent with our policies, and we may remove or refuse to display content that we reasonably believe violates the law or our policies. However, Appboy does not necessarily review content, so please do not assume that any particular content has been reviewed by Appboy.
2.6. In connection with your use of the Services, Appboy may send you service announcements, administrative messages, and other information. You may opt out of some, but not all, of those communications.
Privacy and Copyright Protection
3.3. Appboy responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
3.4. Appboy provides information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact email@example.com.
3.5. Appboy provides information to developers and other business partners in the form of both (i) personally identifiable information and/or (ii) aggregated, anonymous data about the way Developer Applications or other business partner systems are used so that Developers and business partners can improve their respective Developer Applications or business systems, including but not limited to accumulated statistical and data insights on product and application operations and end user system usage patterns or activity. We use information about you collected from third party partners in compliance with the terms set forth by those third parties.
Modification and Termination of Services
4.1. Appboy may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time.
4.2. Appboy reserves the right to change or modify any of the terms of the TOS at any time, in its sole discretion, by posting changes at https://www.appboy.com/terms (or another URL that Appboy may provide from time to time). You are responsible for regularly visiting the TOS to review any changes. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified TOS, you should discontinue use of the Services.
Third Party Software
5.1. Appboy makes no warranty of any kind to you or any third party with respect to any third party software used by you in conjunction with the Services. You are solely and exclusively responsible for all licenses and costs for all third party software that you use. All integration and use of and problems caused by or resulting from your use of any third party software in conjunction with the Services is your sole and exclusive responsibility, and Appboy shall have no responsibility or liability with respect thereto.
Disclaimer of Warranties
6.1. Other than as expressly set forth in the TOS, the Services are provided "AS IS" and "WITH ALL FAULTS" and without warranty of any kind. You agree that your use of the Services is at your risk.
6.2. APPBOY MAKES NO WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY OR NONINFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY APPBOY AND WAIVED BY YOU. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE OPERATION OF THE SERVICES, THE OUTPUT OF THE SERVICES, OR THE RESULTS FROM THE SERVICES.
Limitation of Liability
7.1 IN NO EVENT SHALL APPBOY, ITS AGENTS OR EMPLOYEES, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR THE COST OF SUBSTITUTE GOODS OR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY OR CLAIMS OF THIRD PARTIES) RELATING TO THE SERVICES, HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER APPBOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
About the Terms of Service
9.1. The TOS controls the relationship between Appboy and you. They do not create any third party beneficiary rights.
9.2. If there is a conflict between the TOS and additional terms, the additional terms will control for that conflict.
9.3. The TOS control the relationship between Appboy and you. They do not create any third party beneficiary rights.
9.4. If you do not comply with the TOS and Appboy does not take action right away, Appboy is not giving up any rights that Appboy may have (such as taking action in the future).
9.5. If it turns out that a particular term of the TOS is not enforceable, this will not affect any other terms of the TOS.
9.6. The laws of the State of New York, USA, excluding New York's conflicts or choice of laws rules, will apply to any disputes arising out of or relating to the TOS. All claims arising out of or relating to the TOS of the Services shall be litigated exclusively in federal or state courts of New York County, New York, USA, and you and Appboy consent to personal jurisdiction in those courts.