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The Service

appFigures is a property of Fileitup Media, Inc. (“Fileitup”, “us”, “we”, the “company”). Fileitup has developed appfigures.com (the “Site”), the appFigures reporting engine (the “Engine”) and associated software used to import reports (the “Software”) for the analysis of iTunes Connect reports (together known as the “Service” or “Services”). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services. If you do not agree to these terms, do not obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. These terms and policies are in effect throughout the full term or duration of your use of the Site and Services. You are responsible for regularly reviewing these Terms. Please review them carefully.

Modifications

Fileitup retains the right to, at any time, modify or discontinue, any or all parts of the Service without notice. Additionally, Fileitup reserves the right, in its sole discretion, to modify this agreement at any time, effective by posting new terms on the Site with the date of modification. You are responsible for reading and understanding the terms of this agreement prior to registering with, or using the Service. Your use of the Site and/or Service after any such modification has been published constitutes your acceptance of the terms and conditions as modified in this agreement.

Eligibility

Your eligibility for use of the Services is contingent upon meeting the following conditions:

  • (a) You are at least 18 years of age.
  • (b) You use the Site and Services according to these terms of Service and all applicable laws and regulations determined by the state and country of residence.
  • (c) You provide complete and accurate registration information and maintain accurate registration information on the Site.
  • (d) You agree and understand that Fileitup may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these terms.

Use of the Services

You agree that all registration information provided is true, accurate, complete, and current. Any registration information that is not true, accurate, complete, or current constitutes violation of this agreement and your account may be suspended without notice.

In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

  • (a) violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use automated scripts to collect information or otherwise interact with the Service or the Site;
  • (e) enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity.

Account Security and Password

Upon registration you will be provided with a login identifier (“username”) and a password in order to access the Site and use the Services. You are responsible for safeguarding such information from disclosure and unauthorized use. You are fully and solely responsible for all activities that occur in your account under your username and password.

Service Levels

Fileitup does not guarantee the Site or Service will be operable at all times or during any down time

  • (a) caused by outages to any public Internet backbones, networks or servers
  • (b) caused by any failures of Your equipment, systems or local access services
  • (c) for previously scheduled maintenance or
  • (d) relating to events beyond Fileitup's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Fileitup servers are located or co-located.

Complete accuracy in all aspects of your analytical data at all times also is not guaranteed.

Intellectual Property

All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this Site, or within the Service, are the sole property of Fileitup. Unauthorized use of any materials contained on this Site or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party’s rights, please contact Fileitup immediately at the address provided below.

You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, or exploit any portion of the Site, Service, Engine, or third-party content without prior express written consent of Fileitup or the respective owner of said material. You are granted a limited-use, non-exclusive license to use appFigures analytics engine and associated code for the purpose of interacting with the Services. Fileitup may revoke this license at any time without notification or your permission.

Disclaimer of Warranty and Limitation of Liability

The Site and Services are provided “as is.” Fileitup, its suppliers, officers, directors, employees, and agents exclude and disclaim all representations and warranties, express or implied, related to this Site or in connection with the Services. You exclude Fileitup from all liability for damages related to or arising out of the use of this Site or Services. This includes loss of business profits, damage to computers, computer hardware or software, data, errors or mistakes in the content, personal injury, or other property damage. Fileitup does not guarantee these Services will meet your requirements or specifications, and any questions regarding such should be directed to us using the contact form on the Site or directly with the information below. You agree that Fileitup shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You agree that Fileitup has no liability with respect to any applications you publish or distribute. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100, whichever is less.

Indemnity

You agree to indemnify, defend and hold harmless, Fileitup, its officers, directors, employees, agents, licensors, representatives, affiliates, and third-party providers, against and from all losses, expenses, damages, and costs, including attorney’s fees, resulting from any violation of this agreement by you, your violation of any law, or violation of the rights of any third party.

Privacy Policy

In addition to, but under these terms, you agree to abide by and accept Fileitup’s privacy policy (the “policy”) prior to using the Service. Fileitup will not sell, share, or disclose your data unless required by law. Any access of your data by a Fileitup employee, official, or representative will be for the express purpose of ensuring proper operation of the Service and such person will be bound by the same policy to not sell, share, transfer, or disclose any such accessed data. Fileitup does at any time reserve the right to access your data without your prior consent if a reasonable belief exists that such data is causing malfunctions, contains malicious code that has or could affect the Service or data of any third-party, infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights, or such data violates these terms of service or any law.

Miscellaneous; Applicable Law and Venue

Fileitup shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, New York law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Manhattan County, New York. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to Fileitup must be sent to by mail to the address below, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Fileitup's prior written consent, and any such attempt is void. The relationship between Fileitup and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

Contact

If you have any questions about this agreement, please contact us here. You may also contact us by mail: Fileitup Media - 133 Chrystie St. 3rd Floor, New York, NY 10002.