FOXDATA (HONG KONG) TECHNOLOGY LIMITED ("FoxData", "We/Us/Our") owns and operates the website https://foxdata.com/en/ (the "Site") located in Hong Kong. Please read these Terms of Service carefully. The Terms of Service state the terms and conditions under which you may use our services which are available through the Site (the "Services"). By replying “I ACCEPT” you ("you", "user", "client" or, "end user") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and you represent and warrant that you are of the legal age of majority in the jurisdiction(s) or older in which You reside (at least 18 years of age in many countries). If you are accepting these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions set forth herein. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use the Services.
1. Subscription Service
Services
Our platform provides a range of solutions designed to enhance organic app growth and analyze app marketplace trends. These services are available to you through subscription packages ("Subscription") tailored to your needs. The features and functionalities accessible to you will be determined by your chosen Subscription package. Technical support is included, varying based on your Subscription level. While all paid Subscriptions receive technical support through email, Premium and Enterprise Subscriptions also enjoy phone support.
Authorization
Upon adherence to the specified terms and the payment of applicable fees, we grant you authorization to access and employ the Services and Provider Materials provided within the designated Territory and during the agreed Term. This authorization extends solely to the Permitted Use by Authorized Users, as outlined in these Terms, and is non-exclusive and non-transferable.
Restrictions
Subject to the terms outlined in these Terms of Service, a non-exclusive, non-transferable license is granted for your access and utilization of the Services. You agree not to engage in the following actions (and will not allow any third parties to do so):
a. Share a single login, as each login is intended for individual use.
b. Register or establish accounts for automated processes like "bots."
c. Attempt to reverse engineer, decompile, disassemble, or uncover the source code, underlying concepts, algorithms, file formats, or interface protocols of the Services.
d. Modify, adapt, translate, or copy the Services, or engage in any other form of use, resale, distribution, or sublicensing not expressly permitted.
e. Offer the Services on a "service bureau" basis or allow third parties, other than your employees acting on your behalf, to use the Services without FoxData's written consent.
f. Alter or remove any proprietary markings or restrictive labels on the Services.
g. Introduce harmful elements like viruses, worms, Trojan Horses, or similar code into the Services.
h. Employ the Services in violation of any applicable laws or regulations. Violation of this section grants us the right, at our sole discretion, to promptly revoke your access to the Services or parts thereof, without prior notice.
License to FoxData for Connected Account Data
You are provided with the option to link your App Store Connect and Google Play Developer accounts (or similar accounts from other App distributors or marketplaces) with the Software to utilize the Software to analyze data about your Apps stored in the Connected Account. By opting for this, you acknowledge and consent that FoxData will obtain specific information about you and your Apps from the Connected Account ("Connected Account Data"). Regardless of any contrary provisions, you hereby grant FoxData (along with our successors and assigns) a non-exclusive, global, perpetual, royalty-free, irrevocable, sublicensable, and transferable license to employ your Connected Account Data to generate anonymized data for the objectives of (1) advancing and refining the Software, (2) developing and selling new products, and (3) enhancing the features and functionalities of existing products.
2. Proprietary Rights
Reservation of Rights
FoxData maintains ownership and retains all rights, title, and interest in the Subscription Services, including any software copies utilized to provide the Subscription Services and all Intellectual Property Rights associated with them. Any rights not explicitly granted to you under this Agreement are held by FoxData.
Feedback
You grant FoxData a non-exclusive, global, perpetual, irrevocable, royalty-free, fully paid-up license to employ, adapt, and incorporate Your Feedback into the Subscription Services, as well as to further market, distribute, and sell the Subscription Services incorporating Your Feedback.
Subscriber Data
You exclusively possess all rights, titles, and interests in the Subscriber Data. During the Agreement's Term and the subsequent period detailed in Section 12, you provide FoxData with a non-exclusive, worldwide, royalty-free, fully paid-up license to (i) gather, analyze, use, store, and transmit Subscriber Data, (ii) combine and aggregate Subscriber Data with other data for the execution of the Subscription Services, and (iii) disclose Subscriber Data as required by law. You also grant FoxData a worldwide, non-reversible, transferable, fully paid-up, royalty-free license to aggregate, use, display, reproduce, distribute, and analyze Aggregated Subscriber Data in any format and through any applicable channels for legal purposes.
Aggregated Use Data
You recognize and agree that FoxData may collect Aggregated Use Data concerning your Subscription Services usage, gathered by the Agreement, to continue refining, enhancing functionality, and providing bug fixes for the Subscription Services. FoxData is the exclusive owner of Aggregated Use Data.
3. Privacy and Data Security
When using the Site and/or the Services, you may transmit certain personally identifiable information to us. Our protocols regarding the gathering and utilization of such personally-identifiable information are regulated by our Privacy Policy (https://foxdata.com/en/privacy-policy/), which is hereby fully incorporated by reference.
4. FoxData Intellectual Property
All content provided or accessible through the Services, including estimates, reports, and third-party User Submissions ("Content"), constitutes our copyrighted intellectual property or that of third-party creators.
Without our explicit authorization, you are prohibited from using any of our trademarks (including brands and logos) or establishing links to our Sites.
By using the Services, you grant FoxData potential permission to feature your company, User Content, or intellectual property (including logos or trademarks) for promotional purposes.
You undertake not to copy, sell, modify, publish, distribute, display, create derivative works from, reverse engineer, disassemble, decompile, or exploit any part of the Services or FoxData Content.
In the relationship between FoxData and you, FoxData holds complete right, title, and interest in and to: (i) the Services, encompassing source code, object code, operating instructions, and interfaces developed for or associated with them; (ii) all enhancements, modifications, changes, copies, translations, improvements, and derivative works of the aforementioned, along with their intellectual property rights; and (iii) any other materials accessible on the Site and/or Services provided by FoxData or on its behalf, along with their intellectual property rights (collectively referred to as "FoxData Intellectual Property"). Except for what is expressly allowed in these Terms of Service, you possess no rights to the FoxData Intellectual Property.
5. Your Responsibilities
Marketing Collaboration
Throughout the Term, you grant FoxData permission to feature your corporate logo on its website and within marketing materials showcasing examples of FoxData's clientele. Additionally, you agree to allow public acknowledgment of your status as a FoxData customer through a jointly approved press release. If you consent, you can also partake in a FoxData customer case study, with FoxData covering associated expenses.
Enforcement
You bear the responsibility for the actions of your Authorized Users utilizing the Subscription Services. You must promptly inform FoxData of any suspected or reported breach of the Agreement by an Authorized User, including any unauthorized access or potential security breaches. Should FoxData reasonably conclude that an Authorized User has violated the Agreement, it reserves the right to suspend or terminate their access to the Subscription Services, with prior notice to you.
Telecommunications and Internet Services
The availability of the Subscription Services for your Authorized Users depends on your access to telecommunications and internet services. You are required to procure and maintain these services at your expense, including all associated fees and taxes. FoxData cannot be held liable for any data loss, communication disruptions, or other issues arising from your telecommunications and internet service providers.
Interactions with Third Parties
You or your Authorized Users may hold accounts with Publishers accessible via the Subscription Services. These accounts are subject to the terms and conditions you have with the respective Publishers. FoxData explicitly disclaims any responsibilities and liabilities regarding these external arrangements.
6. Fees
Trial Subscription Period
Upon your initial Subscription to the Services, you will receive a complimentary trial Subscription lasting fourteen (14) days (the "Trial Period"). After the Trial Period expires, your Subscription will automatically commence, contingent upon payment of the relevant Subscription fees outlined below. You have the option to terminate your Subscription during the Trial Period by emailing us at [email protected]; the cancellation will become effective within twenty-four (24) hours.
FoxData reserves the prerogative to, at its sole discretion, terminate, modify, limit, or discontinue the free trial period, including its scope and availability, at any time. FoxData shall not bear any responsibility or liability for such termination, modification, limitation, or discontinuation, either to you or third parties.
Auto-Renewals
For active accounts, a valid credit card is mandatory, and credit card validation is obligatory for free trial accounts; however, charges will only be applied immediately after the trial period ends.
You agree to settle any applicable Subscription fees as disclosed during registration. Subscription packages are eligible for refunds within 48 hours upon contacting our customer service team. After this initial period, all fees paid to FoxData are non-refundable. A third-party payment processor ("Third Party Service Provider") may be utilized to handle fee processing. By providing your credit card information to facilitate payment, you warrant to the Third Party Service Provider that you possess rightful ownership or authorization for the card, and that the provided details are accurate. We reserve the right to revise or introduce new fees at any time, with prior notice to you.
All fees are denominated in USD and do not encompass taxes, levies, or duties imposed by government entities. You are responsible for all such taxes, levies, or duties, except VAT when a valid number is supplied.
Tax
Fees do not encompass taxes, duties, levies, tariffs, or any governmental charges ("Taxes"), apart from any taxes based on FoxData's net income. You are liable for all Taxes, along with any related interest or penalties stemming from payments made hereunder.
Invoicing and Payment
FoxData will invoice you based on the actual delivery during the corresponding invoicing period, with payment due within fifteen (15) days from the invoice date. Late payments will incur interest at a rate of one percent (1%) per month or the maximum legal rate, if lower. No interest will apply to payments made on time.
In the event of delayed payment or violation of these Terms of Service or any included warranties, you will bear all expenses (including legal fees and costs) incurred by FoxData in the collection.
Pay-per-Use: For pay-per-use billing (e.g., based on App and/or Keyword and/or Ad Spend usage), monthly charges will be calculated according to the agreed pricing structure. Charges will be computed for each month based on the highest total usage day within that month.
Late payment: If you default on a due payment FoxData can, without affecting its other rights, postpone the fulfillment of its obligation until the completion of this payment and claim an appropriate extension to the performance deadline.
Please be aware that upon signing up for the Services, your Subscription will automatically renew until you initiate cancellation. You may cancel at any time by providing written notice at least fifteen (15) days before the upcoming renewal. The cancellation will take effect the following month, subject to the stipulations in the "Effect of Termination" section. Failure to cancel will result in automatic renewal under the same Subscription.
Dispute Resolution: In case of any disagreement regarding an invoice, you commit to informing FoxData by email within thirty (30) days of receiving the invoice ("Invoice Dispute Period"). Please direct invoice dispute emails to [email protected], including a comprehensive explanation of the grounds for the dispute. To the maximum extent allowed by law, you relinquish any claims connected to the Services and fees unless raised within the Invoice Dispute Period. It is explicit that failing to contest an invoice within this period implies your acknowledgment of its full and unaltered payment obligation. Should you engage a third party for invoice processing on your behalf, you shall reasonably ensure they possess the necessary information and/or authorization to guarantee punctual payment to FoxData. Additionally, any obligation to timely pay or report disputes regarding invoices will not be mitigated or excused due to actions taken by such third parties.
7. Copyright and Related Concerns
If you believe that the Site includes content infringing your copyright, kindly reach out to our Copyright Agent, detailed below, providing the following information:
An electronic or physical signature of the authorized person acting on behalf of the copyright holder.
A description of the copyrighted work claimed to have been infringed.
The location of the allegedly infringing material on the Site.
Your contact details: address, phone number, and email.
A statement from you, made under penalty of perjury, asserting that the use in question is not sanctioned by the copyright holder, its agent, or the law and that the details in your notice are accurate.
A statement from you that you are the copyright holder or have been duly authorized to act on their behalf.
8. Confidentiality
Both parties shall treat the Confidential Information (as defined below) of the other party with confidentiality, employing no less care than for their proprietary data (but not less than reasonable care). The Confidential Information shall only be used to fulfill obligations under this agreement or as otherwise allowed hereunder. Sharing with officers, directors, members, managers, partners, employees, or agents of the receiving party is permissible if they have a legitimate need and are bound by confidentiality on par with these terms. The receiving party shall not disclose the Confidential Information to third parties without the written consent of the other party unless legally compelled, in which case prior notice shall be provided. FoxData's Confidential Information includes its intellectual property used in connection with the Services, product plans, and more. Your Confidential Information pertains to your User Data.
9. Disclaimer and Limitation of Liability
The Site, the Services, and all content, functions, and materials provided to you through the Site are presented "as is" and "as available," with no warranty of any kind, whether express or implied. This encompasses warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Third-party vendors and hosting partners may be employed to furnish the necessary hardware, software, networking, storage, and related technology for the Services. None of the FoxData Parties guarantee the timeliness, security, uninterrupted operation, or error-free nature of the Site, the Services, or any related content. The FoxData Parties shall not be held liable for any damage to your computer equipment or other property due to your use of or access to the foregoing. Should you find the Services unsatisfactory, your sole recourse is to discontinue their use.
Under no circumstances shall any of the FoxData Parties be responsible for special, indirect, punitive, exemplary, or consequential damages, including lost profits, revenues, or savings, even if such possibility was disclosed beforehand. The aggregate liability of the FoxData Parties for direct damages arising from or related to these Terms of Service or any connection therewith shall not exceed the total fees paid by you in the preceding one (1) month. In jurisdictions where the exclusion or limitation of liability for negligence, consequential, incidental, or other damages is prohibited, the liability of the FoxData Parties shall be restricted to the maximum extent allowed by applicable law.
The validity, interpretation, and enforcement of this Agreement, as well as the legal relationship between the parties, shall be governed by and construed by the laws of the State of California, excluding those laws about the choice of law.
10. External Websites
While the Site and Services may incorporate links to third-party websites ("External Sites"), FoxData neither endorses nor assumes responsibility for the content of these External Sites. Consult the terms of use and privacy policies of the External Sites for further insights.
FoxData disclaims liability for any harm, damages, or issues arising from the purchase or utilization of goods, services, resources, content, or any transactions with third-party websites.
11. Indemnification
You commit to defending, indemnifying, and holding the FoxData Parties harmless against all claims, actions, or demands, including related costs, damages, and liability (including reasonable attorneys' fees), arising from: (i) your violation of these Terms of Service; (ii) your access to, use, or misuse of the Site or Services; (iii) any User Data provided via your account; and (iv) your infringement of any third-party rights, including intellectual property or privacy rights.
12. Term and Termination
Term
These Terms of Service shall become effective upon your acceptance by clicking "I Agree" and shall remain in effect until terminated by either party as specified herein ("Terms").
Termination
We reserve the right to terminate these Terms of Service without incurring any penalty or liability, at our discretion and without any obligation to provide a reason, by giving you written notice at least thirty (30) days in advance. Additionally, we retain the right to immediately suspend or terminate your registration or access to the Services if you violate the terms and conditions outlined in these Terms of Service.
Effect of Termination
Upon termination of these Terms of Service or your Subscription: (i) all rights and licenses granted herein will cease immediately; (ii) your use and access to the Services will be terminated immediately; (iii) you will have a fifteen (15) day period to retrieve your User Data; and (iv) you shall promptly settle all outstanding fees owed to FoxData until the termination date. YOU ACKNOWLEDGE AND AGREE THAT FoxData SHALL NOT BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR THE TERMINATION OF YOUR ACCESS TO THE SERVICES AS PER THESE TERMS OF SERVICE.
13. General
Governing Law
Unless otherwise indicated in the attached Country Schedule, the Agreement and all matters related to or arising from it shall be governed by the laws of the State of California, without regard to any conflict of laws principles that might lead to the application of laws from another jurisdiction. It is understood that the Agreement will not be interpreted or governed by reference to the Uniform Computer Information Transactions Act, even if this law is adopted in California. If you are located outside of the United States, the parties agree that the rights and obligations under the Agreement will not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any legal proceedings or actions about this Agreement shall exclusively take place in the courts located in San Francisco, California. You hereby consent to the jurisdiction of and acknowledge that proper venue exists in such courts for any legal proceedings or actions.
Waiver and Severability
Any waiver of a default or breach of the Agreement by either party shall only be valid if made in writing and shall not be considered as a waiver of any subsequent default or breach. If any provision of the Agreement is deemed invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
Force Majeure
Neither party shall be held accountable for any failure or delay in the performance of its obligations under the Agreement (excluding the payment of Fees) due to circumstances beyond its reasonable control, which may include but are not limited to denial-of-service attacks, strikes, shortages, riots, fires, floods, storms, explosions, pandemics, acts of God, war, terrorism, governmental actions, labor disruptions, earthquakes, and material shortages (collectively referred to as a "Force Majeure Event"). In the event of a Force Majeure Event, the non-performing party's obligations affected by the event will be suspended for the duration of the event, provided that the party continues to make commercially reasonable efforts to resume performance.
Compliance with Laws
Both parties commit to adhere to all relevant laws and regulations governing their activities within this Agreement, including, but not limited to, the export laws and regulations of the United States.
Relationship Between the Parties
This Agreement does not establish a partnership, joint venture, or agency connection between the parties. Neither party has the authority to obligate the other or to enter into commitments on the other's behalf without prior written consent.
Assignment
Neither party can transfer this Agreement without the prior written consent of the other, except in cases of merger, acquisition, or sale of all or substantially all of FoxData's or Your assets, provided that the surviving entity agrees to abide by this Agreement. However, FoxData can assign this Agreement to any of its Affiliates without prior consent from You.
Entire Agreement
These Terms of Use, along with each Order Form and any accompanying exhibits, constitute the comprehensive and exclusive understanding between the parties concerning the subject matter, replacing all previous oral or written agreements or understandings. In the event of any inconsistency between an applicable Order Form and these Terms of Use (or its exhibits), these Terms of Use (or its exhibits) shall prevail, unless the Order Form explicitly states otherwise.
Modification
FoxData reserves the right to amend these Terms of Use at any time. Revised Terms are effective upon publication online at the following link: https://foxdata.com/en/terms-of-service/ If modifications are made, the Last Updated date at the top of this page will be updated. You have a 14-day window from the Last Updated Date to contact FoxData for termination of the Agreement if you disagree with the changes. After 14 days, the changes become binding for the remaining Term.
Equitable Relief
Both parties acknowledge that a breach of confidentiality or proprietary rights provisions within these Terms of Use may result in irreparable harm, for which monetary compensation may be insufficient. Accordingly, either party may seek injunctive relief to prevent or restrain such breaches, in addition to other remedies available in law or equity.
No Third-Party Beneficiaries
Unless otherwise stipulated in the Agreement, no third party shall have any rights or obligations under this Agreement.
Headings
The headings used in these Terms of Use are for reference purposes only and do not carry legal significance.
Notice
FoxData can communicate with You through email to the email address in FoxData's account information. You can communicate with FoxData by sending an email to [email protected].
