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 263 W. 38th Street, 16th Floor, 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 firstname.lastname@example.org(mailto: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.
What Information Does Appboy Collect?
Appboy collects information through use of Developer Applications, including:
Device Information - We collect information about devices running Developer Applications, including platform, a unique Appboy-generated ID, OS version, IP address, carrier information, and a country code.
Application Usage Information - We collect information about how Developer Applications are used, such as the frequency and duration of usage.
Personally Identifiable Information - We may collect personally identifiable information shared with Developer Applications. We may also collect personally identifiable information from third parties used for authentication, such as when a user logs in to a Developer Application using a Facebook account, and from third party partners such as Facebook, Twitter, and Klout. Personally identifiable information collected may include information like name, email address, location, gender, interests, device, app usage, user ID, and contact information.
Does Appboy Collect Real Time Location Information?
Appboy may collect device location information if location services are enabled for any Developer Applications on the device. We use location information to provide Developers with information about the use of their Developer Applications. See the “Opt-Out” section below for details on limiting the collection of location information.
How Does Appboy Use Information Collected from You?
Appboy Internal Use - We use information we collect to provide partner Developers with information about usage of Developer Applications that integrate the Appboy Service.
Third Parties - We will share information we collect with third parties only in ways described in this privacy statement.
We may disclose information we collect :
to third parties as required by law, such as to comply with a subpoena or similar legal process;
to third parties as we deem necessary, based on our good faith belief, (i) to protect our rights, user safety or the safety of others, (ii) to investigate fraud, or (iii) to respond to a government request;
to trusted services providers who work on our behalf, who do not have an independent use of the information we disclose to them, and who have agreed to adhere to the rules set forth in the privacy statement;
to third parties in conjunction with a merger, acquisition or sale of Appboy. If Appboy is involved in a merger, acquisition, or sale of all or a portion of its assets, affected users will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices users may have regarding this information;
to Developers in the form of aggregated, anonymous data about the way Developer Applications are used so that Developers can improve their respective Developer Applications.
We use information about you collected from third party partners in compliance with the terms set forth by those third parties.
Automatic Data Collection
We automatically collect information about how Developer Applications are used, such as the frequency and duration of usage. This includes details about mobile devices, such as a unique Appboy-generated ID for the mobile device. We share anonymous information about use of their respective Developer Applications with Developers, including which Developer Applications users have downloaded and the way those Developer Applications are used, which facilitates improvements to Developer Applications.
You may opt out of the collection of location information by turning off location services for Developer Applications on your mobile device. You may opt out of the collection of personally identifiable information by not providing that information to Developer Applications. You can prevent collection of personally identifiable information from third parties such as Facebook or Twitter by not logging in to Developer Applications using your Facebook or Twitter account.
You can prevent collection of all information by uninstalling Developer Applications that integrate the Appboy Service.
If you have any questions or need assistance, feel free to email firstname.lastname@example.org.
Data Retention Policy, Managing Your Information
Appboy will retain information collected throughout the life of each user’s use of Developer Applications except where prohibited by law. If you would like us to delete User Information and Automatically Collected information associated with your record, please contact us at email@example.com. We will keep anonymous information and may need to retain some identifying information to ensure that your request continues to be honored. Your information will be deleted from our active database but may remain in our archives. If we are required to maintain certain information about you, we will comply with your deletion request after fulfilling any legal requirements.
U.S.-EU Safe Harbor Compliance
Appboy complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Appboy has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Appboy’s certification, please visit http://www.export.gov/safeharbor/
The independent resource mechanism for Safe Harbor-related dispute resolution is the EU Data Protection Authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC). Appboy agrees to cooperate and comply with the EU Data Protection Authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) to investigate unresolved complaints.
Appboy does not knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at firstname.lastname@example.org. We will delete such information from our files within a reasonable period of time.
We are concerned about safeguarding the confidentiality of user information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees who need to know that information in order to operate, develop or improve our Services.
263 W. 38th Street, 16th Floor
New York, NY 10018