READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE
This Quantcast App Measurement Agreement (this “Agreement”) describes the terms and conditions on which Quantcast makes its Apple iOS App Measurement SDK or Android App Measurement SDK (the “Software”) and Quantcast Measurement (the “Service”) available to you.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SOFTWARE OR SERVICE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, OR YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY (OR, IF SUCH ENTITY IS ACTING AS AN AUTHORIZED THIRD PARTY, THEN THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY, THE AUTHORIZING PARTY(IES), OR BOTH, AS APPLICABLE). QUANTCAST MAY MODIFY THIS AGREEMENT FROM TIME TO TIME; CONTINUED USE 30 DAYS AFTER NOTIFICATION WILL CONSTITUTE ACCEPTANCE.
Capitalized terms are defined in Section 16.
Quantcast Measurement is a free audience app measurement service. Quantcast collects anonymous app usage data (“Measurement Data”) and then we apply our proprietary algorithms and other data to the Measurement Data to generate the “Measurement Results,” which we make available to you on the Quantcast Site (see Section 4).
You have complete control over how the resulting Measurement Results are or are not disclosed publicly.
In order to access the Software and Service you must register for a Quantcast account on the Quantcast Site. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date.
You must also register each new app in which you will integrate and use the Software. For each app registered you will be issued a unique API key, and you must use the unique API key in the app for which the API key was issued.
You are responsible for keeping your password confidential. You hereby take responsibility for all actions taken—and instructions provided to Quantcast—under your account or with the Measurement Results, by you or any third parties, whether or not authorized. You will notify Quantcast immediately of any unauthorized or non-compliant use of your account and will cooperate with us in stopping it.
Subject to the terms and conditions of this Agreement, Quantcast grants to you a limited, royalty-free, non-exclusive, non-transferable, revocable license to incorporate the Software into your mobile apps during the term of this Agreement (the “License”). Quantcast hereby reserves all rights not expressly granted herein. Any use of the Software or Services other than as specifically authorized herein, without the prior written permission of Quantcast, is strictly prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws.
4. Measurement Data and Results.
Quantcast uses each piece of Measurement Data both to understand your audience (for your benefit only) and as one of trillions of data points in determining what content and advertising to show individuals across the web interest based advertising.
Quantcast will never sell your audience—whether identified as such or not. And you control the extent to which Quantcast displays the Measurement Results.
Quantcast grants you perpetual rights to use, copy, and distribute the Measurement Results, including with our sharable widgets, only as long as you:
- Credit Us. Conspicuously include: “Source: Quantcast. www.quantcast.com
- Present the Data Exactly as We Provided It. Do not: (i) manipulate or modify the Measurement Results to state or suggest different results from those specifically presented by Quantcast; (ii) combine information related to different Quantcast profiles (for example, by adding together the reach from two different apps instead of presenting the measurements provided by Quantcast); (iii) quantitatively aggregate or combine information in the Measurement Results with information derived from other sources (but offering a comparison with information derived from other sources is permissible);
- Don’t Use Our Work to Compete with Us. Do not use the information in the Measurement Results in any way that competes with Quantcast; and
- Bind Third Parties. If you provide the information in the Measurement Results directly to any third party (rather than by having them access the information through the Quantcast Site), you must ensure that they agree to be bound by and comply with the foregoing requirements.
You agree not to misrepresent your app traffic, audience, or user activity in connection with Quantcast or the Services.
5. Obligations and Restrictions.
You will not otherwise copy (except to make one backup copy), distribute, sell, rent, lease, sublicense or otherwise transfer or make available the Software or any portion thereof. You also agree to comply with all applicable terms and conditions of the iOS and Android platforms.
You agree not to place the Software in any adware or spyware or in apps revealing precise geographic location, specific health / medical / sex-life information, credit card or financial data, or criminal convictions or charges. In addition, if you reside outside the US, you agree not place the Software in apps revealing other sensitive personal data including racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership.
If you represent to Quantcast (e.g., during the signup process) that your apps are not directed to kids under 13, you agree not to place the Software in any apps directed to kids under 13. If you represent that your apps are directed to kids under 13, you will not receive those of our Services that require collection of data across different apps. You will not modify the Software without the prior written permission of Quantcast.
6. Consumer Privacy.
(b) Notice and Opt-out in the Settings. Quantcast recommends that you provide users of your app(s) with access to the Quantcast opt-out notice and mechanism from the settings portion of the app(s) or similar “about app” view. This access should take the form of a button or setting’s option selector that displays the Quantcast privacy options dialog when selected by the app user (see SDK documentation for implementation details). The access to the Quantcast privacy options dialog should be no more than two levels deep in the app’s option hierarchy.
7. Quantcast Rights.
All right, title, and interest, including intellectual property rights, in and to the Quantcast Site, the Software, the Service, and the Quantcast Content are and will remain the exclusive property of Quantcast. Except as expressly permitted in this Agreement, you will not reproduce, modify, or prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or use same. Following the suspension or termination of your Quantcast account, Quantcast will continue to respect this Agreement’s limits on our use of the Measurement Data and will cease all public display of the Measurement Results. Quantcast reserves the right to terminate the License at any time.
You will not remove any copyright or other proprietary or product identification notices from the Software or its output. You will not cause or permit modification or the reverse engineering or reverse compilation of the Software, or any other attempt to derive source code from the Software.
8. User Generated Content.
You may submit descriptions, postings, and recommendations through the features available on the Quantcast Site. You will not submit any such content that is or that you reasonably should know to be false or misleading, defamatory, or obscene, or that invades another person’s privacy, infringes the intellectual property rights of another, or violates any applicable laws or regulations. You grant Quantcast a perpetual, non-exclusive, unlimited, worldwide, royalty-free license to any content you provide. Quantcast is not responsible for and does not endorse statements, comments, links, recommendations, or other information provided by users; any use or reliance on such information is at your sole risk.
10. Warranty Disclaimer.
THE SERVICE, SOFTWARE, QUANTCAST CONTENT AND RELATED INFORMATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QUANTCAST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. QUANTCAST MAKES NO WARRANTY THAT THE SERVICE, SOFTWARE, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. QUANTCAST IS UNDER NO OBLIGATION TO RETAIN ANY MEASUREMENT DATA OR TO KEEP THE SITE UP AND RUNNING FOR ANY PERIOD OF TIME. QUANTCAST MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, THE SOFTWARE, THE QUANTCAST SITE, OR THE QUANTCAST CONTENT. NO INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SERVICE AND THE SOFTWARE TO YOU. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.
11. Limitation on Liability.
IN NO EVENT WILL QUANTCAST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL LOSS, EXEMPLARY DAMAGE, INCIDENTAL LOSS , SPECIAL DAMAGE OR LOSS, LOST PROFIT, LOSS OR DELETION OF MEASUREMENT DATA OR MEASUREMENT RESULTS, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR THE SOFTWARE, EVEN IF QUANTCAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS FORMED A BASIS FOR ENABLING QUANTCAST TO OFFER THE SERVICE AND SOFTWARE TO YOU. THIS PARAGRAPH WILL APPLY REGARDLESS OF ANY FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. EXCEPT WITH REGARD TO LIABILITY STEMMING FROM DEATH OR PERSONAL INJURY RESULTING FROM QUANTCAST’S NEGLIGENCE, OR QUANTCAST’S FRAUD, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUANTCAST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED FIFTY U.S. DOLLARS (US$250.00).
12. Suspension and Termination.
Unless otherwise terminated as set forth herein, this Agreement will remain in full force and effect while you use the Service and the Software. You may terminate your Quantcast account and this Agreement at any time by (i) “dequantifying” by removing the Software from your app(s) and certifying such removal in writing to Quantcast within ten (10) days of such removal, (ii) resubmitting your app(s) to the relevant app stores to ensure that all new downloads do not contain the Software, or sending app update notices to all known existing users to attempt to transition the existing user to a new app version that does not contain Software, and (iii) deleting your profile on the Quantcast Site (or, alternatively, by emailing email@example.com (if you are resident in the US) or firstname.lastname@example.org (if you are resident outside the US) with your complete account information and explicit request to terminate, which emails are handled at Quantcast’s convenience). Quantcast may terminate or suspend your access to the Service or terminate this Agreement at any time, for any reason or no reason and without any liability to you. Upon termination, all licenses and other rights granted to you under this Agreement will immediately cease. Quantcast will not be liable to you or any third party for termination of this Agreement (whether by Quantcast or by you) or any termination or suspension of your use of the Service and Software. Upon any termination or suspension, information in connection with your account may no longer be accessed by you. Notwithstanding the above, Sections 7 through 15 will survive termination.
13. Modification of the Service and of the Terms.
Quantcast reserves the right, in its sole discretion, to modify or discontinue the Quantcast Site, the Software, and / or the Service without notice. Quantcast may also modify this Agreement from time to time. If the modified Agreement is not acceptable to you, you may terminate your account within 30 days by following the four-step procedure described in Section 11. Use of the Quantcast Site, use of the Software, or use of the Service, after 30 days, will constitute your acceptance thereof.
14. Third Party Client.
If you are entering into this Agreement as a developer to use the Software or Service on behalf of a Third Party Client, or a Third Party Client otherwise uses or gains access to the Software or Service through your Quantcast account, whether or not you are authorized by Quantcast to do so, then you represent and warrant that (a) you are authorized to act on behalf of, and bind, and do hereby bind, the Third Party Client to all obligations and restrictions that you have under this Agreement, (b) Quantcast may share with the Third Party Client any Measurement Data that is specific to the Third Party Client’s app(s), and (c) you will not disclose the Third Party Client’s Measurement Data to any other party without the Third Party Client’s consent.
This Agreement constitutes the entire Agreement between the parties with respect to the Service and Software and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral between Quantcast and you with respect thereto. Any agreements regarding the delivery or use of advertising segments will govern the parties’ relationship in connection with the applicable segments but will not affect the parties’ rights, restrictions, or obligations under this Agreement, which the parties acknowledge as separate subject matter. Any waiver by either party of any violation of this Agreement will not be deemed to waive any further or future violation of the same or any other provision. If any parts or provisions of this Agreement are held to be unenforceable, then you and Quantcast agree that such parts or provisions will be given maximum permissible force and effect and the remainder of the Agreement will be fully enforceable. You and Quantcast agree that there are no third party beneficiaries of any promises, obligations or representations made by Quantcast. Either Party may assign its rights, data, and duties, under this Agreement in their entirety in connection with a sale of all (or substantially all) of its assets relating to this Agreement, a merger, or a reorganization. Nothing in this Agreement will constitute a partnership or joint venture between you and Quantcast. THIS AGREEMENT AND ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO U.S. OR CALIFORNIA CHOICE OF LAW RULES. YOU AND QUANTCAST AGREE AND CONSENT THAT JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO QUANTCAST OR THE MATTERS IN THIS AGREEMENT WILL BE EXCLUSIVELY IN COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA. This Agreement is drafted in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency between the English language version and any translation, the English language version shall prevail.
All notices or other communications to Quantcast from you will be deemed given only when received by hand delivery, electronic mail, or prepaid first class mail, at the address below or any other address provided by Quantcast to you for these purposes:
Persons in the United States, please contact:
201 Third Street, 2nd Floor
San Francisco, CA 94103
Attn: Legal Department
Persons outside of the United States, please contact:
Quantcast International Limited
Glandore Business Centres
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Attn: Legal Department
- “Authorized Third Party” means a third party that you allow to use the Software, Service, your account, or the Measurement Results.
- “Measurement Data” means the data collected from your app(s).
- “Measurement Results” means Quantcast’s proprietary analysis of the Measurement Data.
- “Quantcast Content” means the content of the Quantcast Site and the Service , including the Measurement Data and Results.
- “Quantcast Site” means www.quantcast.com
- “Software” means Quantcast’s Apple iOS App Measurement SDK or Android App Measurement SDK.
- “Third Party Client” means any third party for which you use the Software or Service, for instance to collect information on that third party’s behalf.
- “Service” means Quantcast Measurement: an app audience ratings service that allows you (or an Authorized Third Party) to define and measure specific app events, as described herein and as governed by these terms and conditions.
17. Contacting Party.
If you reside in the US this Agreement is between you and Quantcast Corporation. If you reside outside of the US this Agreement is between you and Quantcast International Limited, an Irish limited liability company. References to “Quantcast”, “us”, “we” and “our” mean either Quantcast Corporation or Quantcast International Limited as appropriate.