Advertisers terms of service

1. Introduction

We provide a service to allow you to promote your mobile Android applications on AppBrain’s network, subject to these Terms and Conditions. This agreement will start from the date on which you start any promotion on the AppBrain network or make a deposit, whichever is earlier.

By this agreement, you grant AppBrain an irrevocable, worldwide license to use, copy, modify, adapt, reformat, and redistribute all data about applications you have authored, distributed or published in or outside Google Play and allow AppBrain to use that information for the purpose of promoting your app. All promoted materials are subject to our approval.

Promoting an application does not guarantee distribution or visibility on the AppBrain network. AppBrain decides in what form and location your app advertisements are displayed in the AppBrain network.

You are solely liable for any activity that occurs on your account, including but not limited to campaign budgeting, bidding and country selection.

You can stop your promotion campaign at any time. AppBrain’s systems will automatically pause your promotion when either of the following two occurs:

• The daily limit of a campaign limit has been reached

• The total app budget for a campaign has been reached

To avoid pausing campaigns, budget limits can be adjusted and funds added to your campaign deposit at any time.

Ad content

We classify ad content (based on both the app and the text used to advertise the app) in various “maturity” levels. Ads that are considered “mature” (e.g. related to adult themes, dating, gambling) will only show up in publisher apps that are also suitable for mature audiences. Ads that are not in accordance with Google Play’s content policy won’t be allowed on our network at all.

2. Reporting and tracking

Impressions, clicks and installs can be followed in realtime on our dashboard. Downloading of the APK of your app onto a device within 24 hours of a click on an ad will result in a charge to your account. AppBrain’s install measurements are the definitive and only measurements on which charges are calculated. If you believe that there is an error in AppBrain’s measurements, you must send AppBrain your evidence within 10 calendar days from the occurrence of the error. After this period the AppBrain measurements will be considered final. If sent before that time, AppBrain will review your report and make a decision on whether the numbers need to be adjusted.

3. Payment

Charges are made to a deposit that is prepaid by you either via PayPal (eCheck or credit card) or wire transfer.

A promotion has a bid for the maximum price you are willing to pay for an install. All payments are done in U.S. dollars. Any unused prepaid budget may be refunded only to the originating account. We reserve a refund delay window of up to 3 business days. Any charges that accumulate during this period will not be refunded.

Credit card payment plan:

Customers using the credit card payment plan must provide a valid credit card. The credit card will be charged after the definitive charges are calculated. There are no refunds possible for the credit card payment plan.

AppBrain makes its best effort to pause campaigns in time to not exceed your specified daily and app budget limits. Due to installs and thus charges coming in potentially much later than an impression, our systems can not guarantee stopping the impressions exactly on time. The advertiser will still be charged for installs, even if these charges exceeded the budget limit.

4. Usage of the service

It is not permitted to use any automated means to access, monitor, modify, or otherwise manage your advertising account with us. Any attempt to interfere or otherwise obstruct the functioning of the AppBrain developers interface may result in immediate account termination.

We reserve the right to terminate app promotions at any time for any reason, including, but not limited to the app not being published on the Google Play, the app not being in accordance with Google Play’s developer content policy (https://play.google.com/intl/us/about/developer-content-policy/), or the app or its promotion competing with the interests of AppBrain.

We intend to refund any outstanding prepaid balance upon account termination. However, we reserve the right to terminate accounts without refunding when any of the rules in this agreement are breached, or when there is no account activity for at least 6 months.

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 service lies with you. AppBrain gives no guarantees regarding positioning, ranking and ratings caused by promotion. 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 promotion settings, including but not limited to the height of budgets or bids, 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. Any liability related to the use or inability to use the application remains with the app publisher.

You understand that AppBrain’s services are based on an auction model and install volumes vary based on bids, conversion rates, competition with other advertisers and other factors.

6. Definitions

In this agreement, “we”, “AppBrain” means AppTornado GmbH, a limited liability company, Stallikerstrasse 29, 8142 Uitikon, Switzerland. “AppBrain network” and “AppBrain developer interface” means any part of AppTornado’s software and systems, including, but not limited to the www.halobodyart.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.