AppGrooves, Corp.
SearchMan Terms of Service
Last updated: 02/26/2013
Welcome and thank you for
your interest in AppGrooves, Corp. The following Terms of
Service, and any additional terms incorporated by reference herein
(collectively, the “Terms”), govern your access and use of our SearchMan service (the “Service”) available at our
websites located at http://SearchMan.com/ and https://SearchMan.com/ (collectively, the “Site”). The terms “we,” “our” and “AppGrooves” refer to AppGrooves,
Corp. The terms “you” and “your” refer to the user visiting the Site
and/or using the Service.
PLEASE READ THE FOLLOWING
TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT
BETWEEN YOU AND APPGROOVES. BY CLICKING “I AGREE”, CREATING AN ACCOUNT,
SUBSCRIBING TO THE SERVICE, OR OTHERWISE ACCESSING OR USING THE SERVICE,
WHETHER AS A PAID SUBSCRIBER OR AS A FREE USER, YOU ARE INDICATING THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, AND ALL
POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE. IF YOU DO
NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE. THE SERVICE IS AVAILABLE ONLY TO PERSONS WHO
CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. WITHOUT LIMITING
THE FOREGOING, THE SERVICE IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF
18.IF YOU WISH TO USE THE SERVICE IN YOUR CAPACITY AS AN EMPLOYEE, YOU MUST
HAVE THE ABILITY TO BIND YOUR EMPLOYER BY YOUR USE OF THE SERVICE. IF YOU
DO NOT QUALIFY FOR THE SERVICE, PLEASE DO NOT ATTEMPT TO REGISTER FOR OR USE
THE SERVICE.
We reserve the right, at
our sole discretion and at any time, to change or modify the Terms without
prior notice, and your continued access or use of this Site or the Service
signifies your acceptance of the updated or modified Terms. These Terms
may not be modified, amended, and/or changed by you in any manner.
1. The SearchMan Service. The SearchMan service is an application that helps app
developers improve their search engine optimization (“SEO”) in the Apple App
Store, Google Apps Marketplace, and other app stores (the “App Store”). As
a user, whether as a paid subscriber or a free user, you register your app, the
keywords you entered into iTunes connect as part of your app metadata, and your
competitor apps. SearchMan then analyzes
all the metadata of your app and your registered competitor apps to determine
if you should keep your current keywords and to produce a list of the keywords
missing from your app for which the competitor apps rank. Based on these
results, you will be able to update your app’s content and attempt to capture a
better position in the App Store’s search results. SearchMan also
generates daily reports of your app’s and
your competitor apps’ rankings in search results for each keyword so that you
can monitor your SEO improvements, if any.
2. Ownership; Feedback. AppGrooves retains all right, title, and interest in
and to all of its intellectual property and other proprietary
materials used in connection with the Service or the Site. Neither these Terms nor your use of the Service grant you any
rights or license to use any AppGrooves proprietary
material except as authorized under these Terms. You agree that AppGrooves shall acquire, and you hereby grant and
otherwise transfer, any and all right, title, and interest in and to any actual
or suggested modifications, design changes, improvements, and other information
regarding the features and performance of the Service (“Feedback”) you offer
to AppGrooves, without the payment of additional
consideration.
3. Metadata Use. By using the Service, you agree that AppGrooves has
the right to access and use all the metadata of your app to determine how best
to optimize your content to increase visibility in the App Store as compared to
the competitor apps you register. You hereby agree that AppGrooves has the right to use any information,
statistics, and other data from use of the Service with your app to enhance and
develop SearchMan’s analytical and
optimization process.
4. Changes. AppGrooves reserves the right, at its sole discretion, to make changes
to or modify the Service and these Terms without notice. Your continued
use or access of the Service or Site signifies acceptance of the updated or
modified Service under these Terms. AppGrooves may
offer new products or services through the Site, which will also be subject to
these Terms. You should visit the Site and review these Terms periodically to
ensure you stay informed about the latest updates.
5. Subscription.
a) User Type. Initially,
you may elect to participate in a free trial of the Service. During this
trial period, you will have access to the partial range of features and
functions available with the Service. Upon expiration of the trial , you will have the choice to continue as a free user
with access to limited functionality of the Service or to register as a paid
subscriber for the full Service. For more details about the free trial of
the Service, please visit the Site.
b) Fees. To access the full
functionality of the Service after the trial period, you need to subscribe to
the Service by paying a monthly or annual subscription fee. If you add
additional apps to the subscription after the initial registration, we will
sync up your payments for each app pro rata to compute all your fees and charge
you accordingly. Service fees are subject to change with notice. Please visit the Site for
more information about the current Service fees.
c) Transaction Processing. When
you subscribe for the full Service, you will be prompted to provide financial
information, including credit card and other billing information, which will be
passed directly to a secure third party credit card payment processing service
to process and charge your monthly subscription fee. The credit card
payment processor will not share your financial information with us and we will
not store any such information on our servers. By subscribing to the full
Service, you authorize the credit card payment processor to charge you a
subscription fee at the then-current rate and any other charges you may incur
with the Service. You will be charged in advance for the coming month when
you subscribe for the Service, and the same billing account will be
automatically billed each month on the calendar day corresponding to the start
of your paid subscription until the subscription is cancelled. However, if you upgrade part of the way through a billing
cycle, you will be charged immediately upon confirmation for the difference
between the old plan and the new plan for the remainder of that billing cycle
(i.e. on a pro-rata basis). Also,
when you switch from a monthly plan to an annual plan (or vice versa), your
payment cycle will be reset to the date upon which you confirmed that plan
change on our site.
6. Cancellation Policy. These Terms will remain effective until terminated as set forth
here. In the event of termination, Sections 2, 3, 8, 9, 10, and 11 shall
survive.
a) Free Usage. AppGrooves may
terminate or suspend your use of and access to the Service at its sole
discretion, with or without cause, without notice or liability to you. You
may terminate your use of the Service at any time and for any reason or no
reason by notifying AppGrooves.
b) Paid Subscription. You
may terminate your use of the Service at any time and for any reason or no
reason by notifying AppGrooves. Payments
are non-refundable, including for partially used periods. AppGrooves may terminate or suspend paid subscriptions
with or without cause, without notice or liability to you.
7. Additional Terms. Your use of the Site and/or Service is subject to, and you
shall at all times comply with, the SearchMan Privacy
Policy located at http://SearchMan.com/s/doc/privacy.html (“Privacy Policy”), which is hereby incorporated into and
made a part of these Terms by reference, and subject to change without notice.
8. No Warranty. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, APPGROOVES MAKES NO WARRANTY, EXPRESS, IMPLIED STATUTORY, OR OTHERWISE,
WITH RESPECT TO THE SERVICE, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR
CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE, RESULTS OR TITLE, AND ANY WARRANTIES IMPLIED BY A COURSE OF DEALING OR
PERFORMANCE. APPGROOVES DOES NOT WARRANT THE DATA, CONTENT, FEATURES,
RECOMMENDATIONS, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICE TO BE
UNINTERRUPTED, ACCURATE, OR FREE OF ERRORS. APPGROOVES DOES NOT MODERATE,
EDIT, CONFIRM, VET, OR VERIFY CONTENT ON THE COMPETITOR APPS YOU
REGISTER. APPGROOVES DOES NOT HAVE ANY CONTROL OVER THIS CONTENT AND BEARS
NO RESPONSIBILITY FOR IT.
9. Limitation of Liability. AppGrooves shall not be liable
for any failure to provide SEO improvement for your app(s) or any other
failure, technical or otherwise, of such SEO to occur as expected. IN NO
EVENT SHALL APPGROOVES BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT,
TORT OR OTHERWISE, EVEN IF APPGROOVES HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. APPGROOVES’S AGGREGATE LIABILITY UNDER THESE TERMS FOR ANY
CLAIM IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS
PRECEDING THE CLAIM. Without limiting the foregoing, AppGrooves shall have no liability for any failure or
delay resulting from any governmental action, fire, flood, insurrection,
earthquake, power failure, riot, explosion, embargo, strikes whether legal or
illegal, labor or material shortage, transportation interruption of any kind,
work slowdown or any other condition affecting production or delivery in any
manner beyond the control of AppGrooves. You
acknowledge that AppGrooves has entered
into these Terms in reliance upon the limitations of liability set forth herein
and that the same is an essential basis of the bargain between the parties.
10. User’s Representations;
Indemnification. You represent and
warrant to AppGrooves that you hold all
necessary rights to permit the use of the app metadata by the Service for the
purpose of these Terms; and that the use of such content will not (a) violate
any criminal laws or any rights of any third parties or (b) contain any
material that is unlawful or otherwise objectionable, including without
limitation any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable law. You represent and warrant that all the information,
including your credit card and other billing information, you provide to AppGrooves or our third party service providers is
complete and accurate, and that you will promptly update all such information
as it changes to keep it complete and accurate. The Service is not
intended or available to any users suspended or removed from the
Service. By using the Service, you represent that you have not been previously
suspended or removed from the Service. You agree to indemnify, defend and
hold AppGrooves harmless from and against
any and all liability, loss, damages, claims or causes of action, including
reasonable legal fees and expenses, arising out of or related to (i) breach of any of the foregoing representations and
warranties, or (ii) any third party claim arising from use of or access to the
app content through the use of the Service under these Terms.
11. Miscellaneous. These Terms: (i) will be governed by and construed in accordance with the
laws of the California, without giving effect to principles of conflicts of
law; and (ii) will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods. The relationship of the parties
under these Terms is that of independent contractors, and these Terms will not
be construed to imply that either party is the agent of the other. Any
notices under these Terms must be sent to:
AppGrooves, Corp.
444
Castro St, Suite 1200
Mountain
View, CA 94041
The waiver of any breach or
default of these Terms will not constitute a waiver of any subsequent breach or
default, and will not act to amend or negate the rights of the waiving
party. If any provision contained in these Terms is determined to be
invalid, illegal or unenforceable in any respect under any applicable law, then
such provision will be severed and replaced with a new provision that most
closely reflects the original intention of the parties, and the remaining
provisions of these Terms will remain unaffected. Headings used herein are
for reference purposes only, not for interpretation hereof.