Acceptance

These Terms of Use (“Terms”) contain the legal terms and conditions that govern your access and use of the websites and domains owned by Kochava, Inc. (“Kochava”), including without limitation http://www.kochava.com and http://www.freeappanalytics.com (individually a “Site” and collectively the “Sites”). By using a Site, you agree to be bound by the Terms. If you do not agree to the Terms, do not access or use the Sites.



Privacy

Kochava values your privacy. The Kochava Privacy Policy, located at https://www.kochava.com/support/privacy/, explains what information is collected from you in connection with your use of the Sites and how Kochava uses and protects it. By accessing or using a Site, you agree to the terms of the Kochava Privacy Policy.



Access & Use

Subject to your compliance with these Terms, Kochava permits you to access and use the Sites for your personal, non-commercial purposes. By accessing or using any of the Sites, you are agreeing to not use them for any unlawful purpose, in any way prohibited by the Terms, or in a manner that interferes with the operation of the Sites. Any access or use of the Sites for commercial purposes is subject to a separate License and Service Agreement, which contains additional terms and conditions. If you are interested in using the Sites for commercial purposes, visit https://www.kochava.com/contact/.



Content Ownership & IP

Kochava owns or licenses all of the content, as well as the design and arrangement thereof, on the Sites, including without limitation the text, images, media, and videos. All content on the Sites is protected by United States and international copyright and intellectual property law. You are prohibited from copying, reproducing, modifying, displaying, creating derivatives works of, licensing, or distributing in any way whatsoever any content from the Sites without prior written consent from Kochava.



Third-Party Websites & Links

The Sites may include links to content or websites owned by a third-parties. Kochava does not own or control such third-party content or websites. Third-party websites are governed by their own privacy policies and terms of use. Kochava is not responsible for the content on such websites, nor for any actions such websites take with respect to your use thereof. You agree that you assume all risk when accessing or using any third-party website and release Kochava from any and all liability resulting from such access or use.



Modification

Kochava may modify these Terms or the Sites in its sole discretion and without notice. Kochava is not liable to you or any third party for any modification, suspension, or discontinuance of any of its Sites.



Disputes & Indemnification

You hereby agree to indemnify and hold Kochava and its officers, directors, affiliates, employees, agents, successors, and assigns (“Kochava Affiliates”) harmless from and against any and all claims, losses, expenses, and costs (including attorney’s fees) arising from of or relating to your use of the Sites (“Claim”). You may not assign any Claim you may have against Kochava or Kochava Affiliates regarding the Sites. If you have a dispute with a third-party relating to Kochava, then you hereby agree to release Kochava and Kochava Affiliates from any and all liability arising from or relating to that dispute. You must bring all claims, causes of action, and disputes arising from or relating to the Terms within one year of the occurrence or else the claim, cause of action, or dispute is forever barred, unless otherwise required by law. The laws of the state of Delaware apply to these Terms and your use of the Sites, regardless of Delaware’s conflict of laws rules. You agree to the exclusive jurisdiction of the state and federal courts located in Spokane County, Washington.



Disclaimer

Kochava provides the Sites “as is,” without any representation or warranty of any kind. Kochava disclaims to the maximum extent permitted by law all representations and warranties pertaining to the Sites. Without limiting the generality of the statement above, Kochava disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties against infringement of any third-party intellectual property or proprietary rights; (iii) warranties relating to the transmission or delivery of the Sites; (iv) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Sites; and (v) warranties otherwise relating to performance, non-performance, or other acts or omissions by Kochava or any third party. Further, there is no warranty that the Sites will meet your needs or requirements, or the needs or requirements of any other person. Kochava makes no warranties or representations, express or implied, (i) that the information provided through the Sites will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (ii) that the Sites will be available at any particular time or location; (iii) that defects or errors in the services will be corrected; or (iv) that the Sites are free of viruses or other harmful components.



Limitation of Liability

To the maximum extent permitted by law, Kochava is not liable for any damage arising out of or relating to your access, use, misuse, or inability to use the Sites or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. Kochava will not be liable for any special or consequential damages, including lost profits, even if Kochava has been advised of the possibility of those damages. Aggregate liability to you in connection with any claim arising out of or relating to the Sites will be limited to $100. If a law restricts the ability of Kochava to limit liability, the limitations listed above may not apply to you. In that case, Kochava limits its liability to the greatest extent permitted by applicable law.



General

The failure of Kochava to exercise or enforce any right or provision of these Terms does not operate as a waiver of the right or provision. The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms. If any provision, or portion thereof, of the Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, then that provision, or portion thereof, will be severed and the remaining provisions remain enforceable. Any assignment of a right granted to you under these Terms is void.



Updated November 1, 2016