Terms of Service
These Terms of Service ("Terms") govern the use of the mobile application "AdPulse" ("the Application") provided by freeweb ("the Provider"). By downloading, installing, or using the Application, you agree to be bound by all terms and conditions of these Terms.
If you do not agree to these Terms, please immediately cease using the Application and delete it from your device.
Article 1 (Applicability)
- These Terms shall apply to all relations between the User and the Provider regarding the use of the Application.
- The Application is distributed through the Apple Inc. ("Apple") App Store. Users must comply with the "Apple Media Services Terms and Conditions" and "Standard Application End User License Agreement (Standard EULA)" defined by Apple, in addition to these Terms. In case of conflict between these Terms and the Standard EULA, these Terms shall prevail.
Article 2 (Account Registration)
- Use of the Application requires sign-in (authentication) via a Google account.
- Users shall manage their Google account authentication information at their own responsibility. The Provider shall not be liable for any damages resulting from the leakage or unauthorized use of authentication information.
- The Application accesses the Google AdMob API using the Google authentication information provided by the User. Users shall only access AdMob accounts for which they have legitimate authority.
Article 3 (License Grant)
- The Provider grants the User a non-transferable, non-exclusive, non-sublicensable, personal license to use the Application in accordance with these Terms.
- This license is limited to using the Application on Apple-branded devices (iPhone, iPad, etc.) owned or controlled by the User.
- However, the Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Article 4 (Prohibited Acts)
Users must not engage in any of the following acts when using the Application:
- Acts that violate laws or public order and morals
- Acts related to criminal activities
- Acts that destroy or interfere with the functions of the Application's servers or networks
- Decompilation, reverse engineering, disassembly, or attempts to decipher source code of the Application
- Acts of copying, modifying, changing, altering, or adapting the Application
- Acts of collecting or accumulating personal information about other users
- Acts of accessing AdMob data through unauthorized means
- Acts of redistributing, selling, or lending the Application for commercial purposes
- Other acts deemed inappropriate by the Provider
Article 5 (Suspension of Service)
The Provider may suspend or discontinue all or part of the Application without prior notice to the User if it determines that any of the following circumstances apply:
- When performing maintenance or updates on the Application's computer systems
- When the provision of the Application becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
- When specification changes, restrictions, or service suspension occur in the Google AdMob API
- When the Provider determines that the provision of the Application is difficult for other reasons
Article 6 (Limitation of Liability and Disclaimer)
As Is Provision
The Application is provided "as is" without any warranties of any kind, whether express or implied, including but not limited to warranties of fitness, accuracy, security, or completeness.
- The Provider does not guarantee the accuracy, timeliness, or completeness of AdMob revenue data displayed in the Application. Data is estimated values obtained from the Google AdMob API and may differ from actual payment amounts.
- The Provider shall not be liable for any damages (including data loss, lost profits, business interruption, etc.) resulting from the use or inability to use the Application.
- Even when the Provider is liable, unless the Provider has acted with intent or gross negligence, liability for damages shall be limited to direct and ordinary damages, and the Provider shall not be liable for special damages, indirect damages, or lost profits regardless of foreseeability.
- Users shall use the Application at their own responsibility, and the Provider shall not be involved in any disputes arising between Users and third parties resulting from the use of the Application.
Article 7 (Intellectual Property)
Intellectual property rights regarding programs, images, designs, trademarks, logos, etc. contained in the Application belong to the Provider or legitimate rights holders. Users may not use, copy, or reproduce these without permission.
Article 8 (Changes to Terms)
The Provider may change these Terms at any time without notice if deemed necessary. The revised Terms shall become effective when posted at an appropriate location within the Application. If a User continues to use the Application after changes to these Terms, the User shall be deemed to have agreed to the revised Terms.
Article 9 (Privacy Policy)
The handling of User's personal information shall comply with the Privacy Policy defined separately: Privacy Policy.
Article 10 (Governing Law and Jurisdiction)
- These Terms shall be governed by the laws of Japan in their interpretation.
- In the event of a dispute regarding the Application, the Tokyo District Court shall be the exclusive court of first instance with agreed jurisdiction.
Article 11 (Apple-Specific Terms)
The following provisions apply when the Application is provided for iOS devices:
- Privity (Acknowledgement): You and the End-User acknowledge that these Terms are concluded between the Provider and the End-User only, and not with Apple. The Provider, not Apple, is solely responsible for the Licensed Application and its content. These Terms may not provide for usage rules for Licensed Applications that are in conflict with the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).
- Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- Maintenance and Support: The Provider must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- Warranty: The Provider must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. These Terms must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Provider's sole responsibility.
- Product Claims: You and the End-User acknowledge that the Provider, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Provider's Licensed Application's use of the HealthKit and HomeKit frameworks. These Terms may not limit the Provider's liability to the End-User beyond what is permitted by applicable law.
- Intellectual Property Rights: You and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, the Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: The Provider states in these Terms the Provider's name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed (see Contact section below).
- Third Party Terms of Agreement: These Terms state that the End-User must comply with applicable third party terms of agreement when using the Application, e.g., if the Provider has a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using the Application.
- Third Party Beneficiary: You and the End-User acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon the End-User's acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the End-User as a third party beneficiary thereof.
Contact
For any questions regarding these Terms, please contact:
Developer: Akira Kawata
Address: 960-2 Nishihirai, Nagareyama-shi, Chiba-ken
270-0156, Japan
Phone: +81 70 9009 0565
E-mail:
eerf0309+adpulse@gmail.com