Terms of Use
Thank you for using App Samurai.
Please read these Terms carefully. By using App Samurai, signing up for an account or paying for campaigns, you are agreeing to these Terms. This is a legal agreement. We are going to start with the basics, including a few definitions that should help you understand this agreement. App Samurai ("App Samurai" or the "Service") is a mobile advertising platform offered through the URL www.appsamurai.com (We will refer to it as the "Website") that allow you to create install oriented campaigns such as boost campaign, user acquisition campaign and video campaign (each of them is called a "Campaign" unless specific situations will be indicated) for your mobile app or apps. App Samurai is owned and operated by APP SAMURAI Inc. ("App Samurai", "we" or "us"). App Samurai has shareholders, employees and partners ("our Team"). As a customer of this Service or a representative of an entity that is a customer of the Service, you are a "Customer" according to this agreement (or "you").
These Terms of Use ("Terms", including our Privacy Policy located at www.appsamurai.com/privacy_policy) define the terms and conditions under which you are allowed to use App Samurai, and how we will treat your account while you are a Customer. If you have any questions about our terms, please don't hesitate to reach out to us.
ACCOUNT
In order to use App Samurai,
1. be able to enter mail address and password
2. agree to the Terms
3. to have required budget (if you want to create a campaign on App Samurai)
By using App Samurai, you represent and warrant that you meet all the requirements listed above, and that you won’t use App Samurai in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) App Samurai may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you confirm the acceptance of these terms and continues as long as you use App Samurai. If you sign up for App Samurai on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
If you want to close your account, we are able to delete your account and all the data associated with it, including the information of campaigns and payment details. We won’t refund in any circumstances.
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us when you were signing up. Unless you terminate your account within thirty (30) days, the new Terms will be effective immediately and apply to any continued or new use of App Samurai. We may change the Website, the Service, or any features of the Service at any time.
You’re responsible for keeping your mail address and password confidential. You’re also responsible for any account that you have access to. We’re not responsible for any loss due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
PAYMENT
There is a minimum budget to create any campaign on App Samurai. It is $1000. In other words, you have to have at least $1000 on your App Samurai account when you want to create a campaign in any time.
These are just recommendations from to reach those levels. It doesn’t mean that you can absolutely achieve your goal when you get these numbers of needed downloads. It also doesn’t mean that our works are not successful. These numbers don’t affect your payment. This situation is changing based on the period, the market, the category parameters and location.
In campaigns, we are working based on CPI model and we charge just for number of installs, not clicks, not actions (only installs you get through App Samurai). Any change regarding a campaign, including but not restricted to the changes related to CPI bid, terminating or pausing the campaign may take up to 24 hours to take effect. Related spending during this delay period will be added to the campaign total spend, and will not be refund.
For any reason whatsoever, if it is determined that the advertiser intentionally does not post back installs for a specific campaign to App Samurai, App Samurai reserves the right to suspend the campaign. App Samurai will estimate the number of installs based on its records of other similar campaigns (i.e. campaigns on same or similar vertical, geography, publisher, etc whichever is available), number of clicks that the advertiser got and campaign’s Cost per Install. In such situations App Samurai will inform the advertiser via the e-mail that is provided during registration, suspend their campaign and charge the account based on the calculation. If it is determined that the postback problem is not resolved App Samurai reserves the right to keep the account under suspension or even permanently terminate the account.
Because of technical reasons, capped installs might be exceeded by up to 10%, in which case you will be charged for a maximum of 10% installs overrun.
You can pay via many different types of credit cards with the help of our payment service (3rd party business). If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your campaigns until your payment can be processed. You’ll replace the information for any credit card that expires with information for a valid one each time you want to create a campaign.
In any situation, we are not able to refund.
We can send you pricing structure, orders and campaign details by email if it is necessary for you.
REFERRAL FEATURE
In App Samurai, with unique referral link that generated by the system, you can refer App Samurai to your friends and get your free ad credit immediately. If your referral signs up to App Samurai, you will get $10. If he/she launches an ad campaign on App Samurai, you will additionally get $100 automatically. Please read the Referral Credit Use item below on how to use referral credit.
You cannot create a campaign by only using referral credit. Referral credit can be used only if you load a minimum $100 to system.
In any case of abuse happens by the customer (like, referring via fake email addresses, too many referrals signed up from the same location, in a short period of time etc.) App Samurai has a right to empty out user’s credit.
RIGHTS
You will respect our proprietary rights in the Website and the software used to provide App Samurai (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
You represent and warrant that you either own or have permission to use all of the materials (images, videos) in your campaigns. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.
We may use and disclose your information and your account according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
LIABILITY
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. Neither we nor our Team will be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if these damages are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any campaign will be no more than what you paid us for the Service for previous campaigns.
To the maximum extent permitted by law, we provide the material on the Website and the Service as-is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use App Samurai for a variety of reasons, we cannot guarantee that it will always or totally meet your specific needs.
Neither we nor our Team are responsible for the behavior of any other Customers.
We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party Internet service providers.
DATA
The Publishers may make available to the Advertiser through App Samurai certain data that relates to the Publishers’ Ad Inventory, including, but not limited to, any information regarding the Users and their use of such Ad Inventory, including, but not limited to, advertiser identifiers, session-based browsing behavior, and http header information (the "Publisher Data"). Advertiser may only use or disclose Publisher Data as strictly necessary to facilitate the delivery of Ads through App Samurai to such Publishers’ Ad Inventory. Unless otherwise explicitly agreed upon between the Parties in writing, Advertiser will not use or disclose any Publisher Data for any other purpose, including, without limitation, for retargeting purposes, to create targeting profiles or segments that are specific to any individual User or to otherwise append any Publisher Data to any other data
maintained by or on behalf of the Advertiser. Advertiser agrees not to enhance and/or combine any Publisher Data with any personally identifiable data of the User or with any other User Data in a way that makes possible to determine the identity of any User. Advertiser shall treat Publisher Data as Confidential Information of App Samurai. Following the completion of any Ad Campaign, Advertiser will delete any Publisher Data that it has accessed or received, unless otherwise is agreed upon between the Parties in writing.
To the extent Advertiser collects any data or information (a) provided by or collected about
Users directly via any Ad; or (b) collected about Users by Advertiser via any website, mobile application, or other online service accessible to Users who click on, or otherwise interact with, any Ad (collectively the "User Data"), Advertiser shall be solely responsible for ensuring that it complies with all applicable laws relating to the collection, use, and disclosure of User Data. Without limiting the generality of the foregoing, if Advertiser collects User Data, Advertiser shall be solely responsible for ensuring that it provides all necessary notices to and obtains all necessary consents from Users in accordance with any
applicable laws, including, without limitation, by providing notice of a legally adequate privacy policy that
(a) is readily accessible to Users wherever User Data is collected, and
(b) fully and accurately discloses what User Data is collected and how such User Data is used and shared.
For clarity, User Data does not include any Publisher Data or Ad Campaign Data.
App Samurai owns all right on any data that it collects in connection with any Ad
Campaign made through App Samurai, which may include, without limitation, information about Advertiser domain, Ads, the number of views, clicks and conversions (collectively the "Ad Campaign Data"). App Samurai grants the Advertiser a royalty-free, non-exclusive, worldwide, non-assignable and no sublicensable right to use the Ad Campaign Data solely in connection with the execution and for the term of the applicable Ad Campaign. Advertiser shall treat such Ad Campaign Data as Confidential Information of App Samurai.
If the extent Advertiser provides to App Samurai any data or information in connection with any Ad Campaign, which may include, without limitation, information about Advertiser
domain, Ads, and the number of views, clicks, and conversions, Advertiser hereby grants App Samurai a royalty-free, non-exclusive, worldwide, perpetual and assignable right to analyze, combine with other data, and otherwise use such in connection with the App Samurai Services, including for providing the App Samurai Services for the applicable Ad Campaigns of Advertiser, for generally enhancing, improving, and optimizing App Samurai services, for statistical purposes, and market research.
FINE PRINT
23. SANCTIONS COMPLIANCE
You represent that you are aware of the International Emergency Economic Powers Act (50 U.S.C. § 1701) and all other laws administered by the U.S. Office of Foreign Assets Control (OFAC) or any other U.S. governmental authority imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against jurisdictions, including among others the Crimea region of Ukraine, Cuba, Iran, North Korea, Syria, and the Government of Venezuela, and persons designated in such Economic Sanctions Laws (collectively, “Embargoed Targets”). You hereby represent that you are not an Embargoed Target or otherwise subject to any sanctions under any Economic Sanctions Laws. You hereby covenant that you shall comply with all Economic Sanctions Laws as they relate to your use of the Service.
We have the right to terminate your access to the Service on our suspicion of a violation by you of (i) any of the representations, warranties or covenants contained in this Section, or (ii) the Economic Sanctions Laws or any other applicable law.
24. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
25.Severability
If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
26. Interpretation
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms will not affect the way this Agreement is interpreted.
27. No Changes in Terms at Request of Customer
Because we have so many Customers, we cannot change these Terms for any one Customer or group.
29. Further Actions
You will provide all documents and take any actions necessary to meet your obligations under these Terms.
28. Entire Agreement
These Terms and our Privacy Policy make up the entire agreement and supersede all prior agreements, representations and understandings.
Congratulations! You have reached the end of Terms of Use. Thanks for taking the time to learn about policies of App Samurai.