Terms of Service for Our Website & Services

These Terms of Service (the "ToS"), apply between You ("You" or the "User"), and 42matters AG, a company registered in Switzerland under the company number CHE-224.961.109 and having its registered office at Rötelstrasse 84, 8057 Zürich, Switzerland ("42matters", "We", or "Us"). A registration on our Website is a prerequisite for using our Services. 42matters provides You with an account where You can subscribe to one of our Services which will provide You with data, analytics, statistics and other information regarding mobile apps available on market leading app stores (e.g. Google Play™, Apple App Store®, Amazon AppStore®, Tencent MyApps©).

Last update: April, 2021

1) Terms Used in this ToS

1.1) When We use the term "Website", We mean the website provided under the URL https://42matters.com (or its subdomains).

1.2) When We speak of an "Account", We mean the user interface on the Website where You can register. Such registration is a prerequisite to subscribe to Our Services.

1.3) When We speak of "App Stores", We refer to Google Play, Apple App Store, Amazon AppStore and Tencent MyApp and other app stores covered by Us as per our Website. When We speak of "Apps", We refer to the mobile apps available on such App Stores.

1.4) With the term "Services" We mean any service provided by Us via our Website, irrespective if free of charge or against the payment of fees.

1.5) When We speak of our "Data", We mean all information generated, developed, authored, collected, aggregated and made accessible by Us via the Website and our Services, especially statistics and analytics and other information with respect to mobile Apps and App Stores, including Third Party Content.

1.6) With the term "Third Party Content" We refer to any software, designs, logos, trademarks, pictures, descriptions, databases or other information which are accessible via the Website and/or our Services but which are not authored or owned by Us, for instance the Apps and the works of authorship vested therein and the App Stores covered by our Services.

2) How to create an Account, Acceptance of these ToS, Your Subscription of a Service

2.1) We will provide You an Account, which is a prerequisite to access our Services via our Website. You agree to fully and accurately provide the information requested by Us when setting up Your Account, and to regularly update such information.

2.2) When setting up the Account, You agree to these ToS i) by clicking the “Register” button in the registration form on our Website, or ii) by successfully registering to our Website with Your Linkedin account or Your Google account.

2.3) You may elect to subscribe to our Services via Your Account by choosing one or more of our Service packages and entering Your billing details. By activating the "Subscribe Now" button, You enter into a binding agreement with Us with respect to the Services selected by You.

3) Access and Use of our Data and Service(s)

3.1) Against payment of the fees applicable for the relevant Service(s), our Services allow You to search for, access and use Data regarding Apps, as made publicly available on the App Stores covered by Us during the term of Your subscription and subject to Your compliance with these ToS. We will use reasonable efforts to cover 99% of Apps released on the App Stores covered by our Services.

3.2) You may use such Data and Service(s) for building Your own products and services, provided You do not publish, distribute or otherwise make available our Data to third parties without our prior consent. You shall in any case refrain from using our Services or Data for any business offerings competing with our Services.

3.3) You agree not to persistently store our Data for more than 24 hours.

3.4) You agree not to decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code of our Website or as used by Us in or with our Services. In particular, You agree not to circumvent limitations, scrape, call programmatically or otherwise automate calls to to the 42matters internal APIs (e.g. the APIs used by our Explorer, Top Charts Explorer, SDKs Explorer).

3.5) To the extent our Services allow You to access Third Party Content, including any contact information associated therewith (e.g. any support email address, publisher’s company name and address etc), You are aware that such Third Party Content is collected by Us from App Stores which are publicly available sources We have no business relationship with. You are aware that We have no authority to grant You any rights to use any Third Party Content, and that You must obtain the respective rights or licenses from the relevant publisher or other owner of such Third Party Content. You especially agree not to use any contact information associated with such Third Party Content for any unlawful purposes, especially to not conduct any spamming activities or to use such contact information for any other purposes except for those it was published for. You also agree to use and process such contact information in strict compliance with all laws and regulations applicable therefore.

3.6) You shall indemnify, defend and hold Us harmless (including our employees, officers, agents and affiliates) from and against any and all liabilities, losses, judgments, settlements, damages, costs and expenses (including attorney’s fees) arising out of Your use of the Third Party Content, especially resulting from any infringement or misappropriation of third party rights embodied therein.

3.7) Our Services might contain information derived from "OSMNames", which is made available here under the Open Database License (ODbL).

3.8) Our Services might contain information derived from “apkverifier”, which is made available here under the LGPL-3.0 license.

4) Your Obligations

4.1) You agree to all of the following:

a) You hereby certify that You are at least 18 years of age;

b) You certify that You are acting as a business person and use the Services for Your own business purposes, within the limits set out in Section 3 above;

c) You will ensure the email address provided in Your account registration is valid at all times and will keep Your contact information accurate and up-to-date;

d) You will not use the Services for any unlawful purposes or to conduct any unlawful activity;

e) You may not use Your Account to upload, post, email, transmit or otherwise make available or initiate any content that contains viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or that may impact the ability of any other user to access the Services;

f) You will not share Your password, let anyone else access Your Account, or do anything that might jeopardize the security of Your Account. We can assume that any activity in Your account originates from You and is done with Your express consent, and that You are responsible and liable for all activities in Your account, in particular, the subscription to Services via Your Account;

g) You will not attempt to or actually access the Services by any means other than through the interfaces provided by Us;

h) You will not attempt to or actually override any security component included in or underlying the Materials or Services;

i) You verify that Your country of residence is the same as Your billing address;

4.2) We may determine in our sole discretion whether or not a User is in violation of these ToS. Offending Users may be permanently restricted from holding an Account or using the Services. If We reasonably determine that Your Account is being used for illegal or fraudulent activity then Your Account may be immediately terminated and Your financial data erased. We may also report You to law enforcement officials in the appropriate jurisdictions.

5) Fees and Taxes

5.1) The subscription fees payable for a Service depend on the Service package chosen by You (see the list under https://42matters.com/pricing) and is payable by credit card upfront for each subscription period (including any renewal thereof).

5.2) You take full responsibility for all taxes and fees of any nature associated with the Services, including any sales tax related to the subscription of Services and all withholding taxes applicable to the Service in Your country of residence, except for VAT invoiced by Us, if applicable.

5.3) In case We cannot collect the fees from Your credit card, We will suspend the provision of the affected Service for Your Account.

6) Subscription Period, Termination

6.1) Unless agreed otherwise, Your subscription of a Service runs for a minimum term of one month, starting with the date You have subscribed to the Service (if You have for instance subscribed on the fifth calendar day of a month, the subscriptions runs until the end of the forth calendar day of the following calendar month). At the end of each such monthly subscription period, Your subscription will automatically be renewed for recurring terms of one additional month and We will collect the applicable fees from Your credit card, unless Your subscription has been terminated either by You via the "My Account > Billing" settings available on our Website prior to the renewal date, or by Us (by e-mail or simply by deleting Your Account).

6.2) The right of either party to terminate for cause remains unaffected. Such right shall apply, in particular:

(i) For You, if We fail to meet the availability set out in Section 7 below, or if a material defect of the Service impairs the agreed use of the Service, and such defect is not remedied by Us within five (5) business days, or if We discontinue or materially modify the Services to Your disadvantage;

(ii) For Us if You are in breach of one or more of Your obligations, in particular the obligation to pay the fees for the Services subscribed by You.

6.3) In case You terminate the Service for cause, Your sole right and remedy, irrespective if based in contract, tort or otherwise, shall be a claim to a pro-rata refund of the fees paid for the ongoing and not fully used-up subscription term.

7) Availability of the Services

7.1) We will use reasonable efforts to keep the Services available for at least 99% in the average of a calendar quarter. This means that the Services shall be available for all customers during 99% of a calendar quarter (including day- and night time, Sundays and bank holidays). Temporary downtimes due to maintenance, downtimes (or other reasons for non-availability) due to reasons beyond our control shall not be taken into consideration when calculating the non-availability of our Services. In particular any non-availability due to power failures or the disruption of the communication infrastructure, especially the internet, irrespective if caused by a carrier or provided selected by Us, shall not count towards the availability commitments set out herein.

7.2) We will inform You about the kind, extent and duration of the discontinuation or restriction of the Services as well as about any scheduled downtime via our Website or email. The notification requirement regarding the beginning of the discontinuation does not arise if the advance notification (i) is objectively not possible under the circumstances involved or (ii) would delay the removal of interruptions already occurred. In case of a discontinuation or restriction of Service, We will use all commercially reasonable efforts to resume or restore the Services as soon as possible.

8) No Warranty, Limitation of Liability

8.1) THE WEBSITE, SERVICES AND MATERIALS ARE PROVIDED "AS IS," AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 42MATTERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8.2) In case the Service shows a material defect, We will use reasonable efforts to remedy such defect within a reasonable term following the receipt of Your written notice. In case We fail to rectify the defect within the said term, Your sole right and remedy is to terminate the affected Service as per Section 6 above.

8.3) Our liability for damages, irrespective if based on contract, tort or otherwise, require gross negligence or wilful intent by Us. Any exceeding or other liability, especially for slight negligence, shall be excluded unless for cases where such liability is mandatory at law.

8.4) Our overall liability towards You shall be, to the maximum extent permitted by law, limited for all damages caused during a subscription period to the amount paid by You during the said term.

9) Confidentiality, Use of Your Company Name, Logos and Trade Marks as Customer Reference

9.1) You agree that You shall keep the Data and all other information made accessible to You through the Services (hereinafter the “Information”) confidential, and to use such Information only for the purpose it was disclosed for.

9.2) You agree that We may use Your company name, logos and trade marks in our marketing materials and on our Website for the sole purpose of referring to You as Our customer.

10) Data Protection

If You have any inquiry relating to our use of Your personal data or in case You want to issue a request for access, rectification, restriction on processing, portability, objection to processing, or deletion of personal information, or exercise any other data subject right available to You under the EU General Data Protection Regulation (GDPR), please consult our Privacy Policy.

11) Applicable Law, Jurisdiction

11.1) The formation, interpretation and performance of these ToS and any disputes arising out of it shall be governed by the substantive and procedural laws of the canton of Zürich, Switzerland and, to the extent applicable, the laws of Switzerland, without regard to its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these ToS.

11.2) The exclusive jurisdiction and venue for all disputes arising out of these ToS or a Service between You and Us shall be the courts competent for Zurich, Switzerland, and You hereby submit to the personal jurisdiction of such courts. Notwithstanding the forgoing, We may also assert claims at the court competent for the seat of User.

12) Changes to This Agreement

We may edit this ToS from time to time. Please check this ToS regularly for any changes. We will post all changes here, and if We make any substantial changes We may also notify You by email.

13) Miscellaneous

13.1) If any portions of these ToS are found to be invalid or unenforceable, the remaining portion will remain in full force and effect.

13.2) If We fail to enforce any of our rights set out by these ToS, it will not be considered a waiver. Any amendment to or any waiver of these ToS must be made in writing and signed by Us in order to be valid.

13.3) All of our rights and obligations under these ToS, especially our contractual relationship with You when providing a Service, are freely assignable by Us to any third Party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.