Terms of Service

AppDNA AI Terms of Service

Version 2.2

Effective Date: 1st January 2026

 

These Terms of Service (these "Terms") form a binding contract between AppDNA AI, Inc., a Delaware corporation with offices at 1007 N Orange St., 4th Floor Suite #4331, Wilmington, DE 19801, United States ("AppDNA," "we," "us," or "our"), and the entity or individual accessing or using the Services ("Customer," "you," or "your"). These Terms govern your access to and use of the AppDNA AI cloud-based platform (the "Console"), the AppDNA software development kit (the "SDK"), the website at https://appdna.ai (the "Site"), and any related products, services, documentation, or APIs (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, BY CLICKING "I ACCEPT" OR ANY EQUIVALENT BUTTON, OR BY INTEGRATING THE SDK INTO ANY APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

You represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or, if applicable, the entity for which you are acting. The Services are intended for businesses, not consumers.

We recommend that you print or save a copy of these Terms for your records.

Important Provisions

THESE TERMS CONTAIN PROVISIONS THAT MATERIALLY AFFECT YOUR RIGHTS, INCLUDING: (i) automatic suspension of Console access for non-payment after 7 days; (ii) automatic suspension of the SDK for non-payment after 14 days, with a US$750 reinstatement fee per SDK suspension event; (iii) limitations on AppDNA’s liability and disclaimers of warranties; (iv) indemnification obligations; (v) Delaware governing law and venue with a jury-trial waiver; (vi) restrictions on use of the SDK and Console; and (vii) AppDNA’s right to audit your Monthly Tracked Paying Users (MTPU) calculations. Please read carefully.


Table of Contents

  • 1. Definitions

  • 2. The Services and Licenses Granted

  • 3. AppDNA SDK — Additional Terms

  • 4. Account Registration and Security

  • 5. Acceptable Use and Restrictions

  • 6. Customer Data and Aggregated Data

  • 7. Fees, Billing, and Payment

  • 8. Suspension of Service

  • 9. Term, Renewal, and Termination

  • 10. Confidentiality

  • 11. Privacy and Data Protection

  • 12. Intellectual Property Rights

  • 13. Feedback

  • 14. Third-Party Services and Integrations

  • 15. Disclaimers of Warranty

  • 16. Limitation of Liability

  • 17. Indemnification

  • 18. Governing Law, Venue, and Jury-Trial Waiver

  • 19. Modifications to Terms and Services

  • 20. Compliance with Law

  • 21. Force Majeure

  • 22. General Provisions

  • 23. Contact


1. Definitions

Capitalized terms have the meanings set forth below or where otherwise defined in these Terms:

"Aggregated Data" means data that has been de-identified and/or aggregated such that it does not identify, and cannot reasonably be used to identify, you, any end user, any specific application, or any individual.

"Authorized User" means an individual employee, contractor, or agent of Customer who is authorized by Customer to access the Console under Customer’s account.

"Commercial Agreement" means these Terms together with the EULA (where Customer uses the SDK), the DPA (where applicable), and any signed Statement of Work or Master Services Agreement.

"Confidential Information" has the meaning set forth in Section 10.

"Customer Data" means data and content that Customer or its Authorized Users upload to or generate within the Console, including configurations, experiment definitions, event data, and creative assets.

"DPA" means the AppDNA Data Processing Agreement available at https://appdna.ai/legal/dpa, which applies where AppDNA processes Personal Data on Customer’s behalf.

"EULA" means the AppDNA SDK End User License Agreement available at https://appdna.ai/legal/sdk-eula.

"Licensed Application" means a software application that Customer owns or controls and that Customer has identified to AppDNA via the Console.

"MTPU" (Monthly Tracked Paying Users) means the metric used to calculate SDK fees, as defined in the published pricing schedule.

"Personal Data" has the meaning given under applicable Data Protection Laws, including the EU/UK GDPR, CCPA/CPRA, and equivalent laws.

"Policies" means these Terms, the AppDNA Privacy Policy, the EULA (where applicable), the DPA (where applicable), and any acceptable use policy AppDNA may publish.

"SDK Reinstatement Fee" has the meaning set forth in Section 8.4.

"SOW" means a Statement of Work signed between Customer and AppDNA.


2. The Services and Licenses Granted

2.1 Description. AppDNA provides a cloud-based platform and optional mobile SDK that analyzes app performance data, generates growth recommendations, and can automatically deploy approved changes to onboarding, monetization, retention, and App Store assets. The Services are offered on a subscription basis and are intended for business use.

2.2 Console License. Subject to your continuing compliance with these Terms and timely payment of all fees, AppDNA grants you and your Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, during your active subscription, to access and use the Console solely for your internal business purpose of growing and marketing your Licensed Applications.

2.3 Documentation. AppDNA grants you a limited, non-exclusive, non-transferable license, during your active subscription, to access AppDNA’s online documentation at https://docs.appdna.ai for the purpose of using the Services.

2.4 No Other Rights. No rights are granted to you in or to the Services other than those expressly set forth in these Terms or another Commercial Agreement. AppDNA reserves all rights not expressly granted.

2.5 Reservation. AppDNA retains all right, title, and interest in and to the Services, the Console, the SDK, the Site, all related software, models, frameworks, algorithms, configurations, documentation, and intellectual property, including all enhancements, improvements, and derivative works (collectively, "AppDNA IP"). Customer obtains no ownership of AppDNA IP under these Terms.


3. AppDNA SDK — Additional Terms

3.1 EULA Required. If you use the AppDNA SDK, your use is additionally governed by the EULA, which is incorporated into these Terms by reference. By downloading, installing, integrating, or using the SDK, you accept the EULA. The EULA controls over these Terms with respect to the SDK.

3.2 Proprietary Software. The AppDNA SDK is proprietary software. The SDK source code is published on GitHub at https://github.com/appdna-ai for marketing, evaluation, and reference purposes. Public visibility on GitHub does not grant any license to use, copy, modify, or distribute the SDK. The SDK is governed by the proprietary LICENSE published with the repository, the EULA, and these Terms. Use of the SDK in any production environment requires acceptance of the EULA or a signed SOW.

3.3 Pre-Signup Evaluation. Prospective customers may evaluate AppDNA only by (i) viewing the SDK GitHub repository through the GitHub web interface and (ii) reading the public documentation at https://docs.appdna.ai. No download, installation, integration, execution, or other use of the SDK is permitted prior to acceptance of these Terms (and the EULA) or another Commercial Agreement, regardless of whether such use is for development, testing, staging, or production purposes. AppDNA does not offer a free evaluation or trial license for the SDK.

3.4 Effect of Termination on SDK License. On termination of these Terms, the EULA, or your account for any reason, your right to use the SDK immediately terminates, and you must remove the SDK from all Licensed Applications and ship a release that excludes the SDK within 30 days. Continued use of the SDK after termination constitutes copyright infringement, trade-secret misappropriation, and breach of these Terms.


4. Account Registration and Security

4.1 Registration. You must register an account to use the Services. You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for all activity occurring under your account.

4.2 Authorized Users. You are responsible for the acts and omissions of your Authorized Users as if they were your own. Authorized Users must keep their credentials confidential and must not share them. You will promptly notify AppDNA at security@appdna.ai of any suspected or confirmed unauthorized access.

4.3 Multi-Factor Authentication. AppDNA may require multi-factor authentication for certain account types or actions; you agree to enable and use such authentication as required.

4.4 Eligibility. You represent that (a) you are at least 18 years old; (b) you have authority to enter into these Terms; (c) you are not located in, and you are not a national or resident of, any country subject to comprehensive U.S. trade sanctions; and (d) you are not on any U.S., UK, or EU restricted-parties list.


5. Acceptable Use and Restrictions

You shall not, and shall not permit any third party to:

  • (a) use the Services for any unlawful purpose or in violation of any applicable law or regulation, including data protection, consumer protection, advertising, anti-spam, anti-fraud, and export-control laws;

  • (b) use the Services in violation of Apple App Store, Google Play Store, or other applicable platform guidelines;

  • (c) reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of any AppDNA software, except to the extent expressly permitted by applicable law notwithstanding this restriction;

  • (d) modify, translate, adapt, or create derivative works based on the Services;

  • (e) circumvent, disable, throttle, or interfere with any technical measures of the Services, including metering, telemetry, license validation, kill-switches, throttling, rate limits, or remote configuration;

  • (f) under-report MTPU, manipulate event signals, or otherwise interfere with the accuracy of billing, analytics, or experimentation;

  • (g) use the Services to design, develop, train, or market a product or service that competes with the Console or SDK, or for benchmarking or competitive intelligence;

  • (h) license, sublicense, sell, resell, rent, lease, or otherwise distribute the Services to any third party, or use the Services to provide services to a third party (including white-labeling, reselling, or operating a managed service for others);

  • (i) use the Services to transmit malware, viruses, ransomware, or any other malicious code;

  • (j) systematically scrape or bulk-collect data from the Console beyond normal interactive usage or beyond what AppDNA’s published APIs permit;

  • (k) interfere with, disrupt, or create an undue burden on the Services or the networks or infrastructure connected to them;

  • (l) attempt to bypass any access or authentication measure;

  • (m) impersonate any person or entity, or misrepresent your affiliation with any person or entity;

  • (n) use the Services to promote applications containing illegal content or to engage in deceptive marketing practices;

  • (o) implement growth strategies or experiments that violate privacy laws, consumer protection laws, or end-user platform terms;

  • (p) use the Services in any manner that infringes the intellectual property, privacy, or other rights of any third party; or

  • (q) use the Services to harass or harm any individual, including any AppDNA personnel.

Any breach of this Section 5 is a material breach of these Terms and may result in immediate suspension or termination of your account and/or the SDK in accordance with Section 8.


6. Customer Data and Aggregated Data

6.1 Ownership. As between you and AppDNA, you retain all right, title, and interest in and to Customer Data. AppDNA does not claim ownership of Customer Data.

6.2 License to AppDNA. You grant AppDNA a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, modify (only as necessary for technical purposes such as encoding, formatting, or optimization), display, and transmit Customer Data solely as necessary to provide the Services to you, perform under any Commercial Agreement, comply with applicable law, and exercise rights expressly granted in these Terms.

6.3 Customer Responsibility. You are solely responsible for (a) the accuracy, quality, and legality of Customer Data; (b) obtaining all necessary rights, consents, and authorizations to upload, process, and use Customer Data through the Services; (c) ensuring that your collection, use, and processing of Customer Data complies with applicable law, including data protection law and end-user disclosures and consents; and (d) backing up Customer Data as you deem appropriate. AppDNA performs routine backups for service operations but is not your backup provider.

6.4 Aggregated Data. Notwithstanding any other provision, AppDNA may collect, generate, and use Aggregated Data for AppDNA’s lawful business purposes, including service operation, improvement, machine-learning model training, benchmarking, analytics, and product development, both during and after your subscription. Aggregated Data is not Customer Data, Confidential Information, or Personal Data.

6.5 Data Export and Deletion. Customer may export Customer Data through the Console during the subscription term. Upon termination, AppDNA will, on Customer’s written request made within 30 days of termination, provide a one-time export of Customer Data in JSON or CSV format. Following such 30-day period, AppDNA may delete Customer Data in accordance with the DPA and AppDNA’s data-retention policies, except for archival copies retained for legal and compliance purposes.


7. Fees, Billing, and Payment

7.1 Fees. Fees for the Services are set forth in your applicable order, plan selection, or SOW, or at https://appdna.ai/pricing. Fees are exclusive of taxes other than taxes on AppDNA’s net income.

7.2 SDK Pricing and Billing. SDK fees are calculated per the published SDK tier schedule by Monthly Tracked Paying Users (MTPU). SDK fees are billed monthly in arrears based on the prior calendar month’s MTPU as recorded by the Console. SDK fees may be paid only by valid credit or debit card on file. You must maintain a valid payment card on file at all times. Failure to maintain a valid card constitutes a payment default.

7.3 Console and Other Fees. Fees for Console access, managed services (where offered), and any setup or strategy fees may be paid by valid credit/debit card on file or by wire transfer or ACH at your election. For monthly billing with card on file, fees are automatically charged on the invoice date. For quarterly, semi-annual, or annual billing via wire/ACH, payment must be made before the start of the applicable billing period.

7.4 Due Dates and Late Fees. Invoices for manual (wire/ACH) payments are due NET 7 days from the invoice date. Past-due amounts accrue interest at the lesser of 2.25% per month or the maximum allowed by law, calculated daily, from the original due date until paid in full. You will reimburse AppDNA for reasonable collection costs and attorneys’ fees for any undisputed past-due amounts.

7.5 No Refunds. All fees are non-refundable except as expressly set forth in a signed SOW. Cancellation takes effect at the end of the current paid period; you remain responsible for all fees accrued or committed prior to the effective date of cancellation.

7.6 Chargebacks. You agree not to initiate a credit-card chargeback for any fees owed under these Terms and to resolve all billing disputes by contacting billing@appdna.ai. An unjustified chargeback constitutes a material breach.

7.7 Taxes — EU/UK B2B. For supplies to customers established in the European Union or the United Kingdom who are taxable persons for VAT purposes (B2B), AppDNA’s invoices will be issued without VAT pursuant to the reverse charge mechanism (Articles 44 and 196 of EU Directive 2006/112/EC, or equivalent UK law). You are responsible for self-accounting for VAT under the reverse charge in your jurisdiction and will provide AppDNA with a valid VAT registration number prior to the first invoice. Where you are not a taxable person or fail to provide a valid VAT number, AppDNA may invoice the applicable VAT and you shall pay it. If you are required to withhold any tax, you will gross up the payment so that AppDNA receives the full invoiced amount.

7.8 Price Changes. AppDNA may change published prices with 30 days’ prior notice (by email to your account email or through the Console). Price changes take effect at the start of your next billing cycle following the notice period. For customers under a signed SOW, the price-lock provisions of the SOW apply.

7.9 MTPU Audit Right. AppDNA may, no more than once in any 12-month period and upon at least 30 days’ prior written notice, audit (directly or through an independent auditor under reasonable confidentiality obligations) your MTPU calculations, SDK integration integrity, and compliance with these Terms. You will reasonably cooperate. If the audit reveals an understatement of MTPU greater than 5% for any audited period, you will pay (i) the underpayment, (ii) interest under Section 7.4, and (iii) the reasonable cost of the audit.


8. Suspension of Service

Your right to receive the Services is conditioned on continuing compliance with these Terms and timely payment of fees. AppDNA’s suspension rights set forth in this Section 8 are an essential element of the bargain.

8.1 Console Suspension for Non-Payment. If any invoice (or portion thereof) remains unpaid for more than seven (7) calendar days after the due date (or, for automated card payments, seven (7) calendar days after a failed charge attempt that has not been cured), AppDNA may, in its sole discretion and without further notice, suspend Console access for you and your Authorized Users until all outstanding amounts are paid in full. No reinstatement fee applies to Console-only suspension.

8.2 SDK Suspension for Non-Payment. If any invoice (or portion thereof) on your account remains unpaid for more than fourteen (14) calendar days after the due date of the earliest then-outstanding invoice on your account, AppDNA may, in its sole discretion, automatically (via remote configuration) or manually disable, throttle, or otherwise suspend the operation of the SDK in your Licensed Application(s), in addition to any prior Console suspension. You expressly acknowledge that the SDK controls revenue-generating features and that suspension may interrupt those features; you expressly assume this risk and waive any claim against AppDNA for resulting loss of revenue, lost profits, lost data, lost end users, third-party claims, reputational harm, app-store consequences, or any other direct or indirect damages arising from a suspension imposed in accordance with this Section.

8.3 Suspension for Breach. In addition to suspension under Sections 8.1 and 8.2, AppDNA may immediately suspend the Console and/or the SDK upon written notice (email to your account email sufficient) for any material breach of these Terms, the EULA, the Privacy Policy, the DPA, the proprietary GitHub LICENSE, applicable law, or for any conduct that creates a material security, legal, or reputational risk to AppDNA or to other AppDNA customers, including any violation of Section 5 (Acceptable Use). The reinstatement procedures in Section 8.4 apply equally to suspension under this Section 8.3.

8.4 SDK Reinstatement Fee. Reinstatement of the SDK following any suspension under Section 8.2 or 8.3 is conditioned on your payment, in cleared funds, of: (i) all then-outstanding invoiced amounts on your account, plus accrued interest under Section 7.4 and any reasonable collection costs; and (ii) a one-time reinstatement fee of seven hundred fifty United States dollars (US$750) per SDK suspension event (the "SDK Reinstatement Fee"). No SDK Reinstatement Fee applies to Console-only suspension under Section 8.1. Each separate occurrence in which the SDK is suspended and subsequently reinstated constitutes one SDK suspension event. The SDK Reinstatement Fee compensates AppDNA for the administrative, technical, and operational costs of suspension and reinstatement, which the parties acknowledge are difficult to ascertain precisely; the parties agree the SDK Reinstatement Fee is a reasonable pre-estimate of such costs and is not a penalty. Reinstatement will occur within two (2) business days following AppDNA’s confirmed receipt of cleared funds. AppDNA may charge the SDK Reinstatement Fee to the payment card on file.

8.5 Effect of Suspension. Suspension does not (i) relieve you of the obligation to pay fees that accrue during the suspension period; (ii) toll any minimum-term commitment; (iii) constitute termination; or (iv) waive AppDNA’s right to terminate your account. AppDNA has no liability to you or any third party for any loss arising from a suspension imposed in accordance with this Section.

8.6 Courtesy Notice. AppDNA will use commercially reasonable efforts to provide at least three (3) business days’ prior written notice (email sufficient) before SDK Suspension under Section 8.2 takes effect, except where AppDNA reasonably determines that immediate action is necessary to protect its legitimate interests, including but not limited to repeat default, suspected fraud, or imminent termination.


9. Term, Renewal, and Termination

9.1 Term. These Terms take effect upon your acceptance and continue until terminated in accordance with this Section.

9.2 Subscription Renewal. Subscriptions automatically renew at the end of each billing cycle unless cancelled by you at least 30 days before the renewal date. Cancellation takes effect at the end of the then-current paid period.

9.3 Termination by You. You may terminate these Terms at any time by cancelling your account through the Console. Termination does not entitle you to a refund of fees paid for the then-current period.

9.4 Termination by AppDNA. AppDNA may terminate these Terms and your account immediately upon written notice if (a) any invoice remains more than 30 calendar days past its due date; (b) you commit a material breach of these Terms, the EULA, the Privacy Policy, the DPA, or applicable law, and (where curable) fail to cure within 14 days after written notice; (c) you become insolvent, file for bankruptcy, or cease ordinary business operations; or (d) AppDNA reasonably determines that continued provision of the Services to you creates a material legal, security, or reputational risk.

9.5 Effect of Termination. On termination: (a) all licenses granted to you under these Terms and the EULA terminate immediately; (b) you must cease all use of the Services and remove the SDK from all Licensed Applications within 30 days; (c) accrued fees become immediately due; (d) data export rights are governed by Section 6.5; and (e) Sections that by their nature should survive shall survive, including without limitation Sections 1 (Definitions), 5 (Acceptable Use), 6 (Customer Data and Aggregated Data, with respect to data created before termination), 7 (Fees, with respect to amounts accrued and audit rights), 8 (Suspension, with respect to the SDK Reinstatement Fee), 10 (Confidentiality), 12 (IP), 13 (Feedback), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Governing Law), and 22 (General Provisions).

9.6 No Re-Registration After Termination for Cause. If AppDNA terminates your account for breach, you may not create a new account using your name, a fake or borrowed name, or the name of any third party for whom you act, without AppDNA’s prior written consent.


10. Confidentiality

10.1 Definition. "Confidential Information" means any non-public information disclosed by a party (the "Disclosing Party") to the other party (the "Receiving Party"), in any form, that is marked or identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, product roadmaps, software, models, algorithms, data, pricing, business plans, customer lists, security and architecture documentation, the AppDNA SDK source code, and the terms of any Commercial Agreement. Confidential Information does not include information that the Receiving Party can demonstrate: (i) is or becomes public through no breach by the Receiving Party; (ii) was rightfully known to the Receiving Party without duty of confidentiality before disclosure; (iii) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or (iv) was rightfully received from a third party without breach of any duty.

10.2 Use and Care. The Receiving Party will use the Disclosing Party’s Confidential Information only to perform under these Terms, will protect it with at least the same degree of care it uses for its own information of like importance and no less than reasonable care, and will disclose it only to its employees, contractors, advisors, and financing sources with a need to know, who are bound by written obligations no less protective.

10.3 Compelled Disclosure. If the Receiving Party is required by law, court order, or regulator to disclose Confidential Information, it may do so after giving prompt written notice to the Disclosing Party (where legally permitted) so the Disclosing Party may seek a protective order. Only the portion legally required will be disclosed.

10.4 SDK as Confidential. The AppDNA SDK and its source code constitute Confidential Information of AppDNA and contain valuable trade secrets. You shall maintain the SDK in strict confidence and use it only as authorized by these Terms and the EULA. The confidentiality obligations applicable to the SDK survive for so long as the SDK remains a trade secret under applicable law.

10.5 Term. Confidentiality obligations apply during the term of these Terms and for three (3) years after termination, except that obligations applicable to trade secrets (including the SDK) survive for as long as such information remains a trade secret.

10.6 Equitable Relief. The parties agree that unauthorized use or disclosure of Confidential Information may cause irreparable harm; the Disclosing Party is entitled to seek injunctive and other equitable relief without bond, in addition to all other remedies available at law or in equity.


11. Privacy and Data Protection

11.1 Privacy Policy. Your use of the Services is subject to the AppDNA Privacy Policy at https://appdna.ai/legal/privacy, which is incorporated into these Terms by reference.

11.2 DPA. Where AppDNA processes Personal Data on your behalf in connection with the Services, the AppDNA Data Processing Agreement available at https://appdna.ai/legal/dpa applies. EU/UK/Swiss customers must execute the DPA before going live in production. The DPA controls over these Terms on data-protection matters.

11.3 Customer’s Responsibility for End Users. You are responsible for the lawful collection of, consent for, and disclosures regarding end-user data of your Licensed Applications, including any consents required for analytics, attribution, push messaging, paid advertising, and experimentation under GDPR, UK GDPR, ePrivacy, CCPA/CPRA, COPPA, and any other applicable law.

11.4 Automated Decision-Making. You acknowledge that the Console may perform automated decision-making (experimentation, segmentation, automated rollout) affecting your end users. You are responsible for any disclosures and consents required under the EU AI Act, GDPR Article 22, or equivalent law.

11.5 No Personal Data to AI Sub-Processors. AppDNA uses third-party artificial intelligence and machine-learning service providers (such as Anthropic, Google Cloud AI, and OpenAI) to support certain Service features. AppDNA does not transmit Personal Data of Customer’s end users to such AI providers. Data sent to AI providers is de-identified and aggregated such that no individual end user can be re-identified by reasonably available means. AppDNA maintains an internal knowledge base (the "AppDNA Knowledge Base"), populated with de-identified, cohort-level patterns derived from operating the Services, which AppDNA may query internally to generate recommendations; queries to AI providers may include de-identified, aggregated context retrieved from this knowledge base, but the knowledge base itself is not made available to AI providers and contains no personal data. This is a deliberate architectural choice intended to limit the scope of cross-border processing and reduce regulatory risk for AppDNA and its customers. The use of de-identified, aggregated insights of this kind is permitted under Section 6.4 (Aggregated Data) above. Notwithstanding this commitment, Customer remains responsible for any disclosures to its end users regarding AppDNA’s use of AI as a sub-processor of Customer Data more broadly. Further details are set out in the Privacy Policy at https://appdna.ai/legal/privacy.


12. Intellectual Property Rights

12.1 AppDNA IP. All rights, title, and interest in and to AppDNA IP (defined in Section 2.5) are and remain the exclusive property of AppDNA and its licensors. Nothing in these Terms transfers any rights to AppDNA IP to you except for the limited licenses expressly granted.

12.2 Customer Data and Customer Content. You retain all rights in Customer Data. Marketing materials, funnel designs, campaign assets, and creative content generated through the Console by you or on your behalf ("Customer Content") remain your property, subject to the license granted in Section 6.2. Where AppDNA delivers creative or other agency-style deliverables under a separate SOW, ownership of those deliverables transfers to Customer upon full payment, subject to the terms of that SOW.

12.3 Recommendations and Insights. Marketing strategies, growth recommendations, and optimization insights generated by the Console based on your specific data inputs are licensed to you for implementation in your Licensed Applications, but the underlying methodologies, frameworks, algorithms, and systems used to generate them remain the exclusive property of AppDNA.

12.4 Trademarks. "AppDNA," "AppDNA AI," and the AppDNA logo are trademarks of AppDNA AI, Inc. You are not granted any right to use AppDNA’s trademarks except as expressly authorized.

12.5 Customer Marks. AppDNA may identify you as a customer (using your name and logo) on AppDNA’s website and sales collateral unless you opt out in writing to legal@appdna.ai. Any case study, press release, or quotation requires your prior written approval.

12.6 Copyright Infringement (DMCA). AppDNA respects intellectual property rights. If you believe material available through the Services infringes your copyright, please notify AppDNA at legal@appdna.ai with the information required by 17 U.S.C. § 512(c)(3). AppDNA may remove allegedly infringing content without prior notice.


13. Feedback

If you provide AppDNA with suggestions, enhancement requests, recommendations, comments, or other feedback regarding the Services ("Feedback"), you grant AppDNA a worldwide, royalty-free, fully paid, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose without restriction or compensation to you. AppDNA is under no obligation to implement any Feedback. Feedback is not your Confidential Information.


14. Third-Party Services and Integrations

14.1 Third-Party Services. The Services may integrate with or link to third-party services, websites, products, or platforms (such as Apple App Store, Google Play, ad networks, MMPs, ESPs, payment processors, and subscription management tools) ("Third-Party Services"). AppDNA does not control Third-Party Services and is not responsible for their availability, content, accuracy, security, or practices. Your use of any Third-Party Service is governed by your agreement with that third party.

14.2 No Endorsement. References to or links to Third-Party Services are not an endorsement.

14.3 Third-Party Account Connections. If you connect your AppDNA account to a third-party account (e.g., to authorize AppDNA to interact with your App Store Connect, ad platform, or MMP account), you authorize AppDNA to access and use information from those accounts as necessary to provide the Services. You are solely responsible for managing the permissions you grant.


15. Disclaimers of Warranty

EXCEPT AS EXPRESSLY SET FORTH IN A SIGNED SOW, THE SERVICES, THE CONSOLE, AND THE SDK ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPDNA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. APPDNA DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

WHILE THE CONSOLE PROVIDES GROWTH STRATEGIES, RECOMMENDATIONS, AND ANALYTICS BASED ON INDUSTRY DATA AND AI ANALYSIS, APPDNA DOES NOT GUARANTEE SPECIFIC RESULTS OR IMPROVEMENTS IN YOUR APPLICATION’S PERFORMANCE METRICS. THE EFFICACY OF STRATEGIES DEPENDS ON FACTORS OUTSIDE APPDNA’S CONTROL, INCLUDING IMPLEMENTATION QUALITY, MARKET CONDITIONS, AND COMPETITIVE LANDSCAPE.

APPDNA USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE SDK COMPLIES WITH CURRENT APPLE APP STORE AND GOOGLE PLAY STORE GUIDELINES, BUT GIVEN FREQUENT POLICY CHANGES, APPDNA DOES NOT WARRANT THAT THE SDK OR ITS SPECIFIC CONFIGURATIONS WILL GUARANTEE APP STORE APPROVAL OR PREVENT REMOVAL. APPDNA IS NOT LIABLE FOR DELAYS, REJECTIONS, OR REMOVALS BY APP STORES OR ANY THIRD-PARTY PLATFORM.

THE SERVICES ARE NOT INTENDED FOR USE IN HIGH-RISK APPLICATIONS REQUIRING FAIL-SAFE PERFORMANCE (E.G., MEDICAL, AVIATION, NUCLEAR, LIFE-SUPPORT). THE SERVICES ARE NOT TAILORED TO COMPLY WITH INDUSTRY-SPECIFIC REGULATIONS SUCH AS HIPAA, FISMA, OR GLBA, AND MAY NOT BE USED IN A MANNER THAT WOULD VIOLATE SUCH LAWS.


16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE CARVE-OUTS BELOW: APPDNA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO APPDNA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). APPDNA IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

Carve-Outs. The limitations in this Section 16 do not apply to: (a) your indemnification obligations under Section 17; (b) your breach of Section 5 (Acceptable Use), Section 10 (Confidentiality), Section 12 (Intellectual Property), or other infringement or misappropriation of AppDNA’s intellectual property; (c) your payment obligations; (d) a party’s gross negligence, willful misconduct, or fraud; and (e) liability that cannot be limited as a matter of applicable law.

CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.


17. Indemnification

17.1 By Customer. You will defend and indemnify AppDNA, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from (a) Customer Data, Customer Content, or your Licensed Applications; (b) your breach of these Terms, the EULA, the Privacy Policy, or applicable law (including data-protection law); (c) your violation of third-party rights, including intellectual property and privacy rights; (d) your unauthorized use of the SDK or breach of the EULA; or (e) your end-user disclosures or consents.

17.2 Procedure. AppDNA will promptly notify you of any claim subject to indemnification (delay does not relieve you except to the extent prejudiced). You may assume sole defense and control of the claim with counsel reasonably acceptable to AppDNA, provided you may not settle any claim that imposes any liability or admission on AppDNA without AppDNA’s prior written consent. AppDNA may participate in the defense at its own expense.


18. Governing Law, Venue, and Jury-Trial Waiver

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware (New Castle County) and waive any objection based on inconvenient forum. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL in any proceeding arising from or related to these Terms. The prevailing party in any litigation arising out of these Terms is entitled to recover its reasonable attorneys’ fees and costs.

Notwithstanding the foregoing, AppDNA may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

No claim arising out of or related to these Terms may be brought more than one (1) year after the cause of action arose, except for claims for non-payment, infringement of intellectual property, or breach of confidentiality.


19. Modifications to Terms and Services

19.1 Modifications to Terms. AppDNA may modify these Terms from time to time. Material changes apply on thirty (30) days’ prior notice (by email to your account email or through the Console). Non-material changes (such as clarifications, corrections, or expansions of customer rights) are effective on posting. Your continued use of the Services after the effective date of a modification constitutes acceptance. If you object to a material change, your sole remedy is to terminate your account before the change takes effect; AppDNA will not retroactively apply material changes to fees already paid for the then-current period. For customers under a signed SOW, the policy-freeze provisions of the SOW apply.

19.2 Modifications to Services. AppDNA may modify, enhance, or discontinue any portion of the Services at any time. AppDNA will provide reasonable notice (at least 30 days where practicable) of material changes that adversely impact existing functionality. AppDNA will not be liable for any modification, suspension, or discontinuance of the Services made in accordance with this Section.


20. Compliance with Law

Each party will comply with applicable laws, including export controls, economic sanctions, anti-bribery, and anti-corruption laws (including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act). You represent that you and your principals are not on any U.S., UK, or EU sanctions or restricted-parties list and will not become so during the term. The Services may not be used in any country, jurisdiction, or manner prohibited by U.S., UK, or EU export-control or sanctions laws.


21. Force Majeure

Neither party is liable for delays or failures in performance caused by events beyond such party’s reasonable control, including acts of God, war, terrorism, civil disturbance, pandemic, government action, denial-of-service attacks, internet or third-party platform outages, or app-store changes (each, a "Force Majeure Event"). The affected party will notify the other party promptly and resume performance as soon as reasonably practicable. NOTWITHSTANDING THE FOREGOING, FORCE MAJEURE DOES NOT EXCUSE CUSTOMER’S OBLIGATION TO PAY FEES FOR SERVICES RENDERED OR PROPERLY ACCRUED. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate the affected portion of the Services by written notice.


22. General Provisions

22.1 Entire Agreement. These Terms, together with the Privacy Policy, the EULA (where applicable), the DPA (where applicable), and any signed SOW, constitute the entire agreement between you and AppDNA regarding the Services and supersede all prior or contemporaneous agreements, proposals, and communications. In the event of conflict: (a) a signed SOW controls over these Terms; (b) the EULA controls over these Terms with respect to the SDK; (c) the DPA controls over these Terms on data-protection matters.

22.2 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to be valid and enforceable, and the remaining provisions shall remain in full force.

22.3 Waiver. No waiver of any provision is effective unless in writing and signed by the waiving party. A party’s failure to enforce any provision is not a waiver of the right to enforce it later.

22.4 Cumulative Remedies. Except where these Terms expressly provide otherwise, all remedies under these Terms are cumulative and in addition to all other remedies available at law or in equity.

22.5 Assignment. You may not assign these Terms without AppDNA’s prior written consent. AppDNA may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets or equity. Any attempted assignment in violation of this Section is void.

22.6 Independent Contractors; No Agency. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

22.7 No Third-Party Beneficiaries. These Terms are for the benefit of the parties only; no third party has any rights under these Terms. The Contracts (Rights of Third Parties) Act 1999 (UK) is excluded to the extent applicable.

22.8 Counterparts and Electronic Acceptance. Your acceptance of these Terms (by clicking "I agree," using the Services, or as otherwise agreed) is valid and enforceable as a signed agreement under the U.S. ESIGN Act, the Delaware Uniform Electronic Transactions Act, eIDAS Regulation (EU) No 910/2014, and other applicable electronic-signature law. These Terms may be executed in counterparts, including electronically.

22.9 Notices. AppDNA may send legal notices to you at the email address associated with your account; such notices are effective on delivery. You shall send legal notices to AppDNA at legal@appdna.ai with a courtesy copy to AppDNA AI, Inc., 1007 N Orange St., 4th Floor Suite #4331, Wilmington, DE 19801, United States.

22.10 Headings. Headings are for convenience only and do not affect interpretation. The words "include," "including," and "such as" are not limiting. References to "days" mean calendar days unless "business days" is specified.

22.11 Construction. These Terms shall not be construed against AppDNA by virtue of having drafted them. Each party has had the opportunity to obtain legal advice.

22.12 Language. These Terms are executed in the English language; any translation is provided for convenience only and the English version controls.

22.13 Insurance. AppDNA maintains commercially reasonable insurance coverage appropriate to its business, including commercial general liability and cyber liability insurance.


23. Contact

For questions or notices regarding these Terms:

  • General inquiries: hello@appdna.ai

  • Legal notices and licensing: legal@appdna.ai

  • Billing: billing@appdna.ai

  • Privacy and DPA: privacy@appdna.ai

  • Data Protection Officer: dpo@appdna.ai

  • Security and account compromise: security@appdna.ai

  • Sales: sales@appdna.ai

  • Technical support: support@appdna.ai

 

AppDNA AI, Inc.

1007 N Orange St., 4th Floor Suite #4331

Wilmington, DE 19801, United States

 

UK Representative (for UK GDPR purposes): Michael Mroz, 124 City Road, London EC1V 2NX, England.

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