Version: February 6th, 2012
We provide a service to allow you to incorporate AppBrain’s promoted app system in your Android application, subject to these Terms and Conditions. This agreement will start from the date you include our SDK into one of your apps.
Use of AppBrain’s SDK and offer wall allows you to gain revenue. Revenue will be paid out by calendar month. Payment will be done at most 60 days after the end of the month in which the revenue is generated, unless the balance is lower than $ 25.00, in which case the revenue will be added to the next month’s payout. Payments can be paid out to any PayPal account, or can be used to promote your app using AppBrain's promoted app system. The measurements of installs done by AppBrain are the definitive and only measurement on which payouts are calculated. The day-to-day revenue overview on the AppBrain developer interface serves as an indication of revenue, but AppBrain determines the actual amount at the end of each calendar month.
It is not permitted to use any automated means to access, monitor, modify, or otherwise manage your publisher account or AppBrain SDK. Any attempt to interfere or otherwise obstruct the functioning of our SDK or the AppBrain promoted app system may result in immediate account termination. We reserve the right to exclude any app from our system at any time for any reason, including, but not limited to the app not being published on the Google Android market, the app not being in accordance with Google’s Android market content policy (http://www.android.com/us/developer-content-policy.html), or the app or the use of the SDK competing with the interests of AppBrain. Upon account termination, any outstanding balance will be seized by AppBrain. The publisher should follow the instructions as set forth in the integration guide. Failure to comply with these instructions may result in excluding an app from our system, withholding of revenues generated by that app, or account termination.
By this agreement, you grant AppBrain an irrevocable, worldwide license to use, copy, modify, adapt, reformat, and redistribute all information about applications you have authored, distributed or published in or outside the Android market. All uses of the SDK are subject to our approval. Inclusion of the SDK does not guarantee distribution or visibility on the AppBrain network, nor does it guarantee serving of actual revenue-generating promoted apps.
You agree there is no warranty for this service. Any risk related to the quality, performance, uptime, or availability of the SDK or AppBrain promoted app system lies with you. 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 settings, 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.
In this agreement, “we”, “AppBrain”, means AppTornado GmbH, a limited liability company, Technoparkstrasse 1, 8005 Zürich, Switzerland. The “AppBrain network”, “AppBrain developer interface”, and “SDK” means any part of AppTornado’s software and systems, including, but not limited to the code in the SDK jar file, the www.appbrain.com website and its promoted app system.
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.