Effective Date: May 19, 2023
These Additional Terms of Service (“Additional Terms”), the AppLovin Terms of Use (the “Terms”) and the Rewards+ Privacy Policy (“Privacy Policy”) govern the relationship between you and AppLovin Corporation (“AppLovin,” “our,” “we” or “us”) relating to your use of our Services. “Services” means the AppLovin Rewards+ app (“Rewards+”) and related software solutions.
1. Agreement to the Terms. By using the Services, you agree to be bound by the Terms, these Additional Terms and by our Privacy Policy. If you do not agree to the Terms, the Additional Terms and our Privacy Policy, do not use the Services. In the event of any conflict between the Additional Terms and the Terms, the Additional Terms shall control.
The Services are for personal, non-commercial use. You agree that you are not using the Services for or on behalf of any third-party, or for any commercial purpose. You also may use the Services only if you are 16 years of age or older and are not barred from using the Services under applicable laws.
SECTION 13 OF THESE ADDITIONAL TERMS CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATE, AND A CONSOLIDATED, CLASS ACTION, AND REPRESENTATIVE ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING OR A TRIAL BEFORE A JUDGE OR JURY.
2. Description of the Services. The Rewards+ app enables mobile device users to discover deals, discounts and promotions, and provides coupons and cashback promotions while shopping on supported third-party merchant applications and mobile websites.
3. Registration and Account Information. You must register and create an account to access some portions of our Services, including earning Cashback. Certain redemption options may require a PayPal account. You acknowledge and agree to provide us with accurate, complete and up-to-date account information, as needed, for us to provide you the Services.
4. Changes to Your Mobile Device Settings. As part of use of the Services, your mobile device settings may be changed. By using the Services, you agree that you have approved such changes. The Services may allow you to reconfigure such settings at any time from within the configuration options available in your mobile device. Such changes may include, without limitation, allowing accessibility features and functionality, allowing software updates of the Services once a new version is released, allowing us to send notifications and to access location-based information.
5. Service Fees and Limitations. AppLovin Rewards+ does not charge fees for your use of the Services. The Services endeavor to offer the best publicly available discounts and coupons and may offer exclusive promotions that may be better than other publicly available deals. While we strive to apply the best available discounts and coupons for your purchases, we may not always have access or qualify to provide all available discounts or the best deal. AppLovin is not responsible for any missed savings or rewards opportunities. You acknowledge that much of the information, including offer descriptions and coupons that we display is provided by merchants and third parties in which we do not control. We do not warrant that the product descriptions, third-party offers or discount codes, or related merchant information or terms shown through the Services (including on mobile devices, web-browsers, websites, the Rewards+ App and any desktop version) are accurate, complete, reliable, current, or error-free. The inclusion of any products or goods within the Services at a particular time does not imply or warrant that these products or goods will be available at any other time. Offers, coupons, and discount codes are subject to availability. Exclusions, restrictions, terms and conditions (including any third-party merchant exclusions, restrictions, and terms and conditions) may apply. Promotions change often, and as a result, your use of promotions, coupon codes and cashback offers displayed through the Services and applied at checkout may or may not result in savings for your purchases.
6. Rewards+ Displays Third-Party Offers and Websites. The Services allow you to find offers and view information related to promotions for products listed for sale by third-party merchants online and through mobile shopping applications, which may help track pricing information. You acknowledge that any merchant product will be purchased directly from the third-party merchant and through the merchant’s website or mobile app. You are not buying the product from or through AppLovin. AppLovin is not a reseller or distributor of any products of third-party merchants. The Services may display various offers and other personalized and non-personalized pricing and product information regarding goods and services offered by third-party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons and discount codes to apply to your purchase of products offered by third-party merchants. Not all promotions or discounts will be available on all mobile devices, web browsers, or through all channels.
7. Rewards+ is not Responsible for Purchases or Products from Third-Party Merchants. All products you purchase using discounts presented by the Services are purchased from third-party merchants, including those displayed through the AppLovin Rewards+ App and through the mobile and web-browsers. All such products are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by the Rewards+ service. AppLovin is not responsible for any third-party merchant products or any information contained on the third-party merchant’s website, including instances where the third-party merchant’s website is displayed through the AppLovin Rewards+ Mobile App.
You agree that your purchase from a third-party merchant is subject to such merchant’s own terms and conditions applicable to such purchase. You agree that AppLovin is in no way responsible or liable to you for any products you purchase through or using the Services, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that AppLovin is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
8. No Endorsement, Warranty or Guarantee of Third-Party Products, Services and Websites. AppLovin does not endorse, warrant or guarantee the products or services that are displayed through the Services. AppLovin is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. AppLovin does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party via our Services are the best prices, best terms or lowest rates available in the market.
When you access third-party websites through our Services, you accept that there are risks in doing so, and that AppLovin is not responsible for any such risks. We encourage you to be aware when you are on a third-party merchant website and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. AppLovin has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites, merchants or by any third-party.
Rewards+ is Not Responsible for Third Parties. You release and hold AppLovin harmless from any and all liability arising from your use of any third-party website or service. If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Services), you agree that AppLovin is under no obligation to become involved.
9. Contact Third-party Merchants for Returns. For customer service inquiries related to the merchant product purchase, please contact the third-party merchant from whom you purchased the product. For example, if you are unhappy with your purchase, if you wish to return the merchant product, if you ordered a merchant product and it has not arrived, or if you have any other customer service inquiry regarding your purchased merchant product, you must contact the third-party merchant to resolve any issues or disputes. AppLovin is not involved in your merchant product purchase and is unable to assist with any customer service inquiries or returns related to that purchase.
10. Technology Disruptions. Your access and use of the Services may be interrupted from time to time due to third-party failures outside of our control. For example, access and use of the Services may be interrupted for maintenance, periodic updating or repair of the Services. AppLovin will make reasonable efforts to make the Services available to you, however we do not guarantee availability at all times.
11. Limitation of Liability. Your use of the Services is subject to the Limitation of Liability as outlined in greater detail in the Terms.
12. Customer Support, Inquiries and Disputes. For assistance with the Rewards+ Services or Platform, visit our help center by selecting My Account > Help > Contact Us within the app to chat with a Customer Support representative. Before initiating any court or arbitration proceeding, first contact our support team to address your issue. Most disputes can be resolved through our Rewards+ customer support.
For consumers living in the European Union, the European Union provides the Online Dispute Resolution platform, which includes an interactive website where you may submit your complaint should you be dissatisfied with our response and attempts to resolve your issue.
13. Informal Dispute Resolution Process; Agreement to Arbitrate; Class Action and Representative Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
Overview; Notice of Claim and Required Informal Dispute Resolution Process.
In the event of any controversy or claim arising out of or relating to these Additional Terms, including any question regarding its existence, validity, termination, or breach thereof, or your use of the Services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution, through first contacting Customer Support and then through the Informal Dispute Resolution Process described below. If these informal efforts do not resolve the concern or issue, as explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
If you have any concerns about, or experience any issue with, the Services, most user concerns or issues can be resolved by contacting our Customer Support team at [email protected]. Before initiating the Informal Dispute Resolution Process (as described below) or any arbitration or court proceeding pursuant to this Section, you must first contact our Customer Support team to address your concerns or issues. Most disputes can be resolved that way.
If you have any concern or dispute that Customer Support cannot resolve, you agree to then try to resolve the dispute informally (the “Informal Dispute Resolution Process”) and in good faith by contacting us and providing a written notice of claim (the “Notice of Claim”) to the address provided below for Service of Process or by sending an email to [email protected]. The Notice of Claim must provide us with an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), and the relief you seek, including the specific amount of any monetary relief you seek and the basis for your calculation of that relief. Your Notice of Claim may only include your individual personal claim(s) and may not be combined with a Notice of Claim for other individuals. After submitting your Notice of Claim, you then agree to meet and confer by email, telephonically, or by videoconference (such as Zoom), in good faith regarding your individual claim before taking any further action.
If any dispute related to your Notice of Claim cannot be resolved through the Informal Dispute Resolution Process within sixty (60) days of our receipt of the Notice of Claim, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction. You understand and agree that you and we are giving up the right to sue in court and the right to have a trial before a judge or jury.
Severability.
This Section 13 applies to the maximum extent permitted by applicable law. If any competent authority deems any portion of this Section illegal or unenforceable, such provision will be severed and the remainder of this Section will be given full force and effect.
If any competent authority determines that applicable law precludes the arbitration of any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this Agreement to Arbitrate (as described below), and will be brought in a court of competent jurisdiction. If a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.
Agreement to Arbitrate; Exceptions to Agreement to Arbitrate.
If we cannot resolve our dispute through Customer Support or through an Informal Dispute Resolution Process (as described above), YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD THE REWARDS+ APP, YOUR USE OF THE APP, ANY USER CONTENT, OR YOUR ACCOUNT.
This Agreement to Arbitrate is intended to be interpreted broadly, and it applies to all disputes or claims of any kind under any theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) that you may have or assert against us, including disputes or claims that you assert or that arise after you stop using the Services or delete your account, stop using Rewards+, or delete the application. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class.
You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
Please note that an arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
Exceptions to Agreement to Arbitrate.
This Section does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with Section 13 above:
(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) claims for preliminary injunctive relief for violations of these Terms.
This Section does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you. In addition, any of us can bring a claim in small claims court either in Santa Clara County, California, or the county where you live, or some other place we both agree on, if such claims meet the requirements to be brought in that small claims court. If either party files a claim in arbitration that could have been brought in small claims court, the other party may elect to resolve the claim through small claims court (rather than through arbitration) by providing notice to the other party before appointment of an arbitrator; upon receipt of such notice, the arbitration provider shall administratively close the case before assessing any fees, and the party bringing the claim must proceed in small claims court in lieu of arbitration.
Procedure for Arbitration.
The Federal Arbitration Act applies to this Section. The arbitration will be governed by the Streamlined Arbitration Rules & Procedures (the “Rules”) of JAMS (“JAMS”), as modified by these Terms. The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/. The arbitrator will be bound by these Terms. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, these Terms will govern.
To start an arbitration proceeding, use the form available on the JAMS website (https://www.jamsadr.com/submit/).
Any arbitration under this Section that must take place in person will take place pursuant to the Rules and these Terms. The parties agree that any live proceedings, including the arbitration hearing, will be conducted at a location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.
Payment of all filing, administrative, arbitrator fees, and costs of arbitration will be governed by the Rules, except as modified by these Terms. If your claim is for US$25,000 or less, we agree to reimburse your share of the arbitration costs, including your share of arbitrator fees, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous, your claims were brought for an improper purpose, or your arbitration costs are unreasonable as determined by the arbitrator. If you seek more than US$25,000, the arbitration costs, including arbitrator compensation, will be split between you and us according to the rules of the arbitration provider. Notwithstanding the above, if you demonstrate that you are unable to afford the fees or costs of arbitration, qualify for a statutory exemption, or if the arbitrator determines that your payment of any portion of the costs or fees would be cost-prohibitive (as compared to litigation), we will pay them. Irrespective of the amount you seek, neither party shall be entitled to have their attorneys’ fees or costs paid by the other party; provided, however, that either party may seek to recover their attorneys’ fees and costs in arbitration if the arbitrator determines that the other party’s claims (or counterclaims) are frivolous or were brought for an improper purpose.
For non-US Users.
In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination, or breach thereof, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of sixty (60) days, then, upon notice by any party to the other(s), any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution (“ICDR”) (www.icdr.org) in accordance with the provisions of its International Arbitration Rules. The place of arbitration shall be in London, England, and the number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of AppLovin. The European Union also operates an online dispute resolution platform which can be found at www.ec.europa.eu/consumers/odr.
Class Action and Representative Action Waiver.
For disputes arising between us and you, or any other user, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CLASS-WIDE ARBITRATION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. NONETHELESS, IF ANY PORTION OF THIS CLASS ACTION OR REPRESENTATIVE ACTION WAIVER IS DEEMED UNENFORCEABLE OR INVALID, THE ARBITRATOR SHALL HAVE AUTHORITY TO ISSUE ANY AND ALL REMEDIES AUTHORIZED BY LAW.
YOU UNDERSTAND THAT, ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CONSOLIDATED, CLASS, OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Service of Process.
To initiate arbitration or any legal proceeding against us, you must serve appropriate initiating documents on our registered agent at: Corporation Service Company, 251 Little Falls Drive, Wilmington Delaware 19808.
Changes to this Section.
Notwithstanding any provision in these Terms to the contrary, we agree that, if we make any future change to this Section, you may reject any such change by sending us written notice within thirty (30) days of the change to: [email protected]
Survival.
This Section shall survive termination of these Additional Terms.