These Terms of Service (the "Terms") constitute a legal agreement between you ("user" or "you") and Appark INTL Pte. Ltd. (Appark.ai project) (hereinafter referred to as "appark," "we," "us" or "our"). These Terms apply when you access or use the appark services, features and software (collectively, the "Service") provided via appark.ai (the "Website") or our mobile/desktop applications. Please read these Terms carefully before registering, accessing or using the Service. By creating an account or using the Service you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.
1. Acceptance of Terms
- By using the Service you agree to be bound by these Terms and our Privacy Policy. The Terms apply to individuals, legal entities and other organizations that access or use the Service. If you use the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms; if you lack such authority, do not use the Service.
- We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you via email or by posting a notice on our Website before the new Terms take effect. Your continued use of the Service after the revised Terms take effect constitutes acceptance of the changes. If you do not agree with the new Terms, you must stop using the Service.
2. Services
- Service Content: appark provides SaaS tools for app market data analysis via the Website and applications. Functions include market data queries, keyword analysis, ranking monitoring, download and revenue estimates, ad creative analysis and related analytics to help developers, marketers and businesses understand market trends and optimize their apps' performance.
- Subscription Tiers: The Service is offered through subscription plans. Current plans include Free (no-charge), Starter, Growth and Pro (paid plans). Each plan provides different levels of functionality, data quotas and technical support. Paid plans include email support; higher plans may include a dedicated account manager or phone support.
- License and Restrictions: Subject to compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to access and use the Service in the agreed field and during the subscription term. You must comply with the following restrictions:
- Each account is for a designated individual user only and may not be shared with others.
- You may not use bots, crawlers or other automated programs to register or access the Service.
- You may not reverse-engineer, decompile, disassemble or attempt to discover the source code of the Service.
- You may not modify, copy, resell or distribute the Service, nor provide the Service to third parties in a "service bureau" manner.
- You may not remove or alter any trademarks, copyright notices or proprietary markings on the Service.
- You may not introduce viruses, worms, trojan horses or other malicious code into the Service.
- You may not use the Service unlawfully or in a manner that infringes the intellectual property, privacy or other rights of any person.
- You are strictly prohibited from reselling or redistributing data provided by the platform; however, you may publish analyses and insights derived from the data on social media or other public platforms. If you violate any of the above restrictions, we may immediately suspend or terminate your access to the Service.
3. Account Registration and Security
- Account Information: When creating an account, you must provide true, accurate, complete and up-to-date information. If the information you provide is false or incomplete, we may immediately terminate your account.
- Passwords and Access: You are responsible for protecting your account password and any credentials used to access the Service. You are fully responsible for all activities conducted through your account. If you suspect unauthorized use of your account, you must notify us immediately.
- Connecting Third-Party Accounts: If you choose to link your App Store Connect, Google Play Developer or other publisher accounts to our software, you authorize us to access relevant app data from those accounts within reasonable limits to improve the Service and develop new features.
4. Subscription, Trials and Fees
- Subscription Model: Certain features of the Service are provided on a subscription basis. We offer monthly and annual billing periods, as selected when you place your order. At the end of each subscription term, the subscription will automatically renew under the same conditions unless you cancel in advance.
- Payment Information: You must provide a valid payment method (such as a credit card or PayPal) when subscribing and submit accurate billing information, including your name, address, postal code, telephone number and payment details. You authorize us to charge all subscription fees and applicable taxes using the payment method you provide.
- Trial Periods: appark may from time to time offer free or promotional trials so you can experience the Service. The duration and terms of any trial are described on the Website. You may need to provide payment information to register for a trial. We will not charge you until a free trial ends; if you do not cancel before the trial expires, the chosen plan will automatically convert to a paid subscription. We reserve the right to modify or terminate trial offers at any time.
- Fee Changes: We may change subscription fees at any time. Any fee adjustments take effect at the end of the current billing cycle. We will notify you before the change takes effect. Your continued use of the Service after the change constitutes acceptance of the new fees.
- Taxes: Fees may be exclusive of taxes. You are responsible for any applicable taxes, levies or duties imposed by governmental authorities.
- Invoices and Payment: We will issue electronic invoices for the applicable billing period. You must pay invoices within the specified period. Late payments may incur interest or late fees, and we reserve the right to pursue recovery of overdue amounts.
- Refund Policy: Because the Service is a non-tangible digital product, subscriptions are generally non-refundable. However, if you submit a refund request within one hour of your initial subscription and provide a reasonable explanation, we may grant a refund at our discretion. Fees paid for renewals, upgrades or subsequent purchases are not refundable.
- Cancellation: You may cancel your subscription at any time during the billing cycle via your account management interface. Once cancelled, the Service will remain active until the end of the current billing period. No refunds will be given for unused portions of the subscription.
5. User Content and Data
- Content Responsibility: The Service allows you to upload, store and share data (including text, charts and other materials). You are responsible for any content you post or provide through the Service and assume all consequences of that content. By publishing content, you grant us a worldwide, royalty-free, transferable license to use, modify, display and distribute your content for the purpose of providing the Service.
- Legality: You represent and warrant that you own or have legal rights to the content you upload and that your content does not infringe the privacy, portrait, copyright or other rights of any person. We may remove or block any content we deem infringing, illegal or inappropriate.
- Subscriber Data and Aggregated Data: You retain ownership of any subscriber data uploaded to the Service. To provide and improve the Service, you authorize appark to collect, analyze, use, store and transmit subscriber data and to combine it with other data in an anonymized manner to generate statistics and trend reports. We may use aggregated data to improve services and develop new products.
- Data Privacy and Security: We use HTTPS encryption and third-party payment platforms to secure payment information. We will not sell or share your personal data except as needed to provide the Service or comply with law. We regularly conduct security tests and vulnerability scans to safeguard our platform. For more details, please refer to our Privacy Policy.
6. Intellectual Property
- appark Content: The Service and all content provided through it—including but not limited to text, graphics, software, reports, estimates and analytic results—are the property of appark or its licensors and are protected by copyrights, trademarks, database rights and other intellectual property laws. You may not copy, modify, distribute or otherwise exploit the Service or its content without permission. These Terms do not grant you any license to use appark's trademarks or service marks.
- Customer Marks and Feedback: Unless you notify us otherwise in writing, you consent to our use of your company name, logo and case studies in marketing materials to identify you as our customer. Any feedback or suggestions you provide may be used to improve the Service; appark may use such feedback without compensation.
7. Third-Party Websites and Services
The Service may contain links to third-party websites or services for your convenience. appark is not responsible for the content, privacy policies or practices of third-party sites or services and accepts no liability for any loss resulting from your use of third-party content. We recommend you review the terms and policies of any third-party site you visit.
8. Termination of Service
- We may suspend or terminate your access to the Service immediately without prior notice if you violate these Terms or applicable laws. You may stop using the Service at any time to terminate this agreement.
- Sections relating to ownership, indemnification and limitation of liability will survive termination. Upon termination you lose the right to use the Service and we may delete or anonymize your data unless otherwise required by law.
9. Indemnification
You agree to indemnify and hold appark and its officers, directors, employees, partners and agents harmless from any claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Service; (b) your breach of these Terms; (c) any content you post; or (d) any activity occurring under your authorized accounts.
10. Limitation of Liability
- To the fullest extent permitted by law, appark and its employees, partners, suppliers and affiliates shall not be liable for any indirect, incidental, special or punitive damages, including but not limited to loss of profits, data loss or intangible losses, regardless of the legal theory (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
- For any direct damages resulting from your use or inability to use the Service, our total liability will not exceed the subscription fees you paid to appark during the past 12 months, if any. Some jurisdictions do not allow the exclusion or limitation of certain damages; if applicable law prohibits such limitations, they may not apply to you.
11. Disclaimer
- The Service is provided "as is" and "as available." We do not warrant that the Service will be error-free, uninterrupted or that it will meet your specific requirements. To the maximum extent allowed by law, we disclaim all express or implied warranties, including but not limited to merchantability, fitness for a particular purpose and non-infringement.
- You use the Service at your own risk. Third-party payment and hosting partners provide hardware, software, networks, storage and related technology needed for the Service. We do not warrant the performance or quality of third-party platforms.
12. Confidentiality and Data Protection
- Both parties must keep each other's confidential information strictly confidential, using at least the same degree of care used to protect their own confidential information, and may not use or disclose such information except to perform obligations under these Terms or as otherwise authorized. Confidential information includes but is not limited to business plans, technical documents, source code and customer data. If disclosure is required by law, the disclosing party must notify the other party and disclose only what is legally necessary.
- Our Privacy Policy forms part of these Terms and describes how we collect, use, store and protect your personal information.
13. Governing Law and Dispute Resolution
- These Terms are governed by and construed in accordance with the laws of Singapore, except for its conflicts of law rules. appark is incorporated and headquartered in Singapore; therefore, you agree that the courts of Singapore shall have exclusive jurisdiction over any disputes arising from these Terms or your use of the Service.
- Any dispute arising out of these Terms shall first be resolved through friendly negotiations. If the dispute cannot be resolved amicably, both parties agree to submit the dispute to a competent court in Singapore.
14. Notice and Contact
- appark may provide notices to you via email, website announcements or within the Service. You should regularly check for such notices to remain aware of updates to these Terms and other policies.
- If you have questions, feedback or need to exercise your data rights, please contact us:
Company Name Appark INTL Pte. Ltd. (Appark.ai project) Registered Location Singapore Website https://appark.ai Support Email [email protected]
15. Miscellaneous
- If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or removed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
- These Terms constitute the entire agreement between you and appark regarding the Service and supersede any prior or contemporaneous oral or written agreements.
- You may not assign or delegate any rights or obligations under these Terms without our written consent; we may assign these Terms without prior notice to you.
- The headings in these Terms are for convenience only and do not affect the interpretation of the Terms.
By accessing or using appark's Service, you acknowledge that you have read, understood and agree to be bound by these Terms.