Terms of Service for Our Website & Services
42matters AG, having its registered office at Roetelstrasse 84, 8057 Zurich, Switzerland ("42matters", "We", or "Us") offers certain 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©) as a web-based service offering for business customers (“You” or the “User”).
Our Services are offered solely on the basis of these Terms of Service (the “ToS”). No deviating general terms and conditions of Yours shall apply, even if You refer to such in the ordering process and We have not expressly objected thereto. Any terms deviating from these ToS shall apply to Our Services only if expressly accepted by Us in writing.
Last update: August, 2023
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 Your business as a User of Our Services. 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.
1.4) When We speak of "Apps" (or "App" when singular), We refer to the mobile apps available on App Stores.
1.5) When We speak of “Publicly Available App Data”, We refer to any data, software, content or other information regarding Apps which is accessible on App Stores for anyone, and which We make available to Our Users as well through the Services. Publicly Available App Data comprises, for instance, App titles, App descriptions, App icons, logos or designs, App screenshots, App publisher names, address and other contact information regarding App publishers or authors, and/or App installation files.
1.6) When We speak of “App Intelligence Data”, We refer to the non-public information regarding Apps generated by Us by using Our technologies. App Intelligence Data comprise, for instance, estimates about Apps’ downloads, SDKs integrated by Apps, enhanced categorization of Apps, review analysis for Apps, etc.; App Intelligence Data may include portions of Publicly Available App Data as required, for instance, to identify Apps.
1.7) When We speak of Our "Data", We collectively refer to Our App Intelligence Data and Publicly Available App Data, as made available by Us as part of Our Services.
1.8) With the term "Services", We mean any service regarding the provision of Data via Our Website.
2) How to create an Account, Acceptance of these ToS, Your Subscription of a Service
2.1) If You want to use Our Services, You must first register an Account on 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 in case of changes.
2.2) By setting up Your Account, You agree to these ToS.
2.3) You may elect to subscribe to Our commercial 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 regarding the Services selected by You.
2.4) Depending on the Service package You have chosen, You may create, through Your Account, several sub-accounts for Your staff members (“Team Accounts”), in order to provide them access to Our Services. Team Accounts are only available under Your Account for Your own employees, excluding any third party, for instance Your affiliates. We refer to Your obligations under Section 4.1.e). You are fully responsible for Your staff when using such Team Accounts.
3) Access and Use of Our Data and Service(s)
3.1) Our Services allow You to search for, access, and use Our Data regarding Apps, based on the subscription model, packages and usage volumes chosen. Please review the available subscription models, packages, Service limitations and related pricing models, and make use of free trials where We offer such, before subscribing to one of Our Services. We do not offer a refund in case Your expectations in the Services are not met or if You encounter any limitations inherent in Our Services You did not expect.
3.2) Unless You use one of Our Services as a free trial offering, Your use of Our Services depends on Your timely and full payment of the fees applicable for the relevant Services.
3.3) We may modify Our Services any time. In case of enhancements to Our Service, You may need to upgrade Your subscription if You wish to make use of such enhancements. In case You can prove that a modification made by Us to the Service substantially limits the usability of the Services, You may terminate Your subscription as per Section 6.
3.4) You may use Our Data and Service(s) for building Your own products and services, provided You do not publish, distribute or otherwise make available Our App Intelligence Data to third parties without Our prior consent. You shall in any case refrain from using Our Services or App Intelligence Data for any business offerings competing with Our Services.
3.5) You agree not to persistently store Our Data for more than 24 hours, unless mutually agreed in written with Us.
3.6) 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 the 42matters internal APIs (e.g. the APIs used by Our Explorer, Top Charts Explorer, SDKs Explorer).
3.7) To ensure the provision of Our Services to all of Our customers in a consistent quality, You agree to abide by a fair use policy for the use of Our Services, in particular Our Services Explorer, Top Charts Explorer, SDKs Explorer and App Watchlist. This shall mean that You agree to refrain from sending more than 4'000 HTTP(S) requests to the 42matters internal APIs per User and within a 24-hours period. In case You exceed the maximum volume of 4000 HTTP(S) requests to the 42matters internal APIs within the 24-hours period, You accept that Your Account (including Your Team Accounts) will be deactivated until a representative from 42matters clarifies, with Your collaboration, the reasons for exceeding such limit. You also acknowledge that three consecutive violations of this fair use policy may result in the termination of Your Account as per Section 6.
3.8) To the extent Our Services allow You to access Publicly Available App Data (irrespective of whether it is made available as such, in combination with, or as part of Our App Intelligence Data) including any contact information associated therewith (e.g. any support email address, publisher’s company name and address etc), You are aware that such Publicly Available App Data is collected by Us from App Stores which are publicly available sources. You are aware that We have no authority to grant You any rights to use any Publicly Available App Data, and that you are responsible for Your own use of such Publicly Available App Data. We especially do not warrant that Your use of Publicly Available App Data is not infringing upon rights of the Apps’ publisher or third parties.
3.9) You agree not to use any Data received through Our Services for any unlawful purposes; You especially agree to not use any contact information included in Publicly Available App Data for other purposes than those for which it was published for, for instance to conducting spamming activities. 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 Publicly Available App Data, especially resulting from any infringement or misappropriation of third party rights embodied therein.
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, and that You are duly authorized to act on behalf of Your company, firm or corporation, which is making use of the Services for its own internal business purposes only;
b) 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;
c) You will not use the Services for any unlawful purposes or to conduct any unlawful activity;
d) 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;
e) 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;
f) You will not attempt to or actually access the Services by any means other than through the interfaces provided by Us;
g) You will not attempt to or actually override any security component included in or underlying the Services;
h) 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. Users violating these ToS 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, if applicable, VAT invoiced by Us.
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 subscription runs until the fourth calendar day of the following 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). Please understand that You will be charged with the fees for each started renewal period, irrespective if You make use of the Service or not, for instance in cases where You have simply missed to terminate Your subscription prior to the renewal date.
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 materially 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. In addition, without limiting the foregoing, We have a right to terminate the Services with immediate effect if We have reasonable grounds to assume that You use any portion of Our Data to create and/or offer a service competing with one of Our Services.
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. Any additional rights or claims shall be excluded, to the maximum permitted by law. Section 8 shall govern any of Our remaining liabilities.
7) Availability of the Services
7.1) We will use reasonable efforts to cover 99% of all Apps released on the App Stores covered by Our Services.
7.2) 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 and 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 provider selected by Us, shall not count towards the availability commitments set out herein.
7.3) We will inform You about the extent and duration of any downtime via Our Website or by email, where possible (e.g. for downtimes due to scheduled maintenance), in advance.
7.4) If You need more information about Our Services or support to use Our Services, please turn to the Services’ documentation and blog entries available on the Website. In case You need any additional information or professional support for using Our Services, You must purchase Our tech support service separately (“Tech Support”). We are not obliged to offer You any support outside of the separately purchased Tech Support.
8) No Warranty, Limitation of Liability
8.1) THE WEBSITE, SERVICES AND DATA 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, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2) In case Our Services show 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 purpose of referring to You as Our customer.
10) Data Protection
11) Applicable Law, Jurisdiction
11.1) The formation, interpretation and performance of these ToS and/or any other agreement regarding Our Services entered into between You and Us, 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 foregoing, 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.
13.1) 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.
13.4) Communications from Our company will only come from email addresses ending in "42matters.com" or "42matters.io". Always validate these emails and do not trust communications from other domain addresses or unconventional channels. We will never contact You from other domain addresses.