Terms of Service

These Terms of Service ("Agreement") constitute a binding legal agreement between Appstack Tech, Inc., a Delaware corporation ("Appstack," "we," "us," or "our"), and the entity or individual ("Client," "you," or "your") accessing or using our services.

By registering for an account, integrating our SDK, or using our website, you agree to be bound by these terms. If you are entering into this Agreement on behalf of a company, you represent that you have the authority to bind that entity.

Definitions

• "Services" refers to the Appstack mobile measurement, attribution, and analytics platform, including the Dashboard, API, and Documentation.

• "SDK" refers to the Appstack Software Development Kit, including any code, libraries, and updates provided to you for integration into your Mobile Applications.

• "Client Data" means any data, content, or information submitted by you or collected via the SDK from your End-Users (including device IDs, events, and attribution data).

• "End-User" means the final user of your Mobile Application.

• "Media Partner" means third-party advertising networks (e.g., Meta, Google, TikTok) with whom you instruct us to share data for attribution purposes.

Licenses & Access

License to Use Services. Subject to payment of applicable fees, Appstack grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Dashboard and Services for your internal business analytics.

SDK License. Appstack grants you a limited, non-exclusive, non-transferable, royalty-free license to download, install, and integrate the Appstack SDK into your Mobile Applications solely for the purpose of using the Services.

Restrictions. You shall not:

• Reverse engineer, decompile, disassemble, or attempt to discover the source code of the SDK or Services.

• Resell, sublicense, or distribute the Services to any third party (white-labeling requires a separate agreement).

• Use the Services to build a competitive product.

• Send Appstack any "Sensitive Personal Data" (e.g., health data, financial account numbers, SSNs) or data from children under 13 strictly prohibited by COPPA, unless explicitly authorized in writing.

Data Ownership & Use

Client Ownership. As between the parties, you own all rights, title, and interest in your Client Data. You are the Data Controller.

License to Appstack. You grant Appstack a worldwide, royalty-free license to host, copy, transmit, and display Client Data as necessary to provide the Services, including calculating attribution and generating analytics reports.

Aggregated Data. You agree that Appstack may use Client Data in an anonymized and aggregated format (where you and your users are not identifiable) to improve our algorithms, detect fraud, and generate industry benchmarks.

Client Obligations & Compliance

Privacy Compliance. You represent and warrant that your use of the SDK complies with all applicable privacy laws (e.g., GDPR, CCPA) and platform policies (e.g., Apple App Store Review Guidelines, Google Play Policy).

Consent. You warrant that you have obtained all necessary consents and provided all necessary notices to End-Users to allow Appstack to collect and process their device data for attribution and analytics.

Ad Network Credentials. If you provide Appstack with credentials to access your accounts with Media Partners, you represent that you have the authority to grant such access. Appstack is not responsible for any changes made by Media Partners to their APIs or reporting standards.

Fees & Payment

Subscription Fees. Fees are set forth on our Pricing Page or in a specific Order Form executed by you. Unless otherwise stated, fees are billed in advance.

Overages. If your usage (e.g., number of tracked installs or events) exceeds the tier limits of your subscription, Appstack reserves the right to charge overage fees at our standard rates or upgrade you to the next tier.

Taxes. All fees are exclusive of taxes. You are responsible for all sales, use, and value-added taxes associated with your purchase.

Service Availability & Support

Uptime. We will use commercially reasonable efforts to ensure the Services are available 24/7, except during planned maintenance downtime.

Support. Support is provided according to the plan you selected (e.g., email support for standard plans, dedicated account manager for enterprise).

Confidentiality

Each party agrees to protect the other’s Confidential Information (including technical designs, pricing, and business strategies) with the same degree of care it uses to protect its own, but not less than reasonable care. Neither party will disclose Confidential Information to any third party except as required to perform the Services or as required by law.

Warranties & Disclaimers

"As Is" Basis. THE SERVICES AND SDK ARE PROVIDED "AS IS" AND "AS AVAILABLE." APPSTACK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Attribution Accuracy. APPSTACK DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR THAT ATTRIBUTION DATA WILL BE 100% ACCURATE. ATTRIBUTION RELIES ON THIRD-PARTY SIGNALS (ADS, REFERRERS, DEVICE IDS) THAT ARE SUBJECT TO CHANGE, BLOCKING, OR DEGRADATION BY PLATFORM HOLDERS (E.G., APPLE/GOOGLE).

Limitation of Liability

Indirect Damages. IN NO EVENT SHALL APPSTACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPSTACK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO APPSTACK IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indeminification

You agree to indemnify, defend, and hold harmless Appstack, its officers, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising out of: (i) your violation of this Agreement; (ii) your violation of any third-party right or privacy law; or (iii) your Mobile Application’s content.

Term & Termination

Term. This Agreement commences on the date you accept it and continues until terminated.

Termination. You may terminate this Agreement at any time by cancelling your subscription. Appstack may terminate or suspend your account if you breach this Agreement or for non-payment.

Effect of Termination. Upon termination, your license to use the SDK ends. You must remove the SDK from your Apps and cease using the Services. Appstack will delete your Client Data in accordance with our retention policy.

Governing Law & Dispute Resolution

Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Arbitration. Any dispute arising under this Agreement shall be resolved by binding arbitration in Delaware, conducted in English.

General Provisions

• Entire Agreement: This Agreement supersedes all prior agreements regarding the subject matter.

• Severability: If any provision is held invalid, the remaining provisions remain in full force.

• No Waiver: Failure to enforce any right does not constitute a waiver.