AppLovin Array Terms of Service

Overview

Effective date: May 13, 2024

Prior Terms, last updated November 20, 2023, available here.

These Terms of Service (the “Terms”) and our Privacy Policy govern the relationship between you and AppLovin Corporation (“AppLovin,” “our,” “we,” or “us”) and apply to your use of the Array Services. “Array Services,” as further defined in Section 1 below, means the preinstalled Array application(s), the Array software development kit(s) (the “SDK”), and any related integrations, interfaces, features, content, and other advertising products that help you discover and engage with mobile apps and other products or services.

Please read these Terms and our Privacy Policy carefully before using the Array Services.  These Terms set out the terms and conditions that apply when you use the Array Services.  By signing up for the Array Services, and by continuing to use the Array Services after any future changes to these Terms, you confirm that you have carefully read, understood, and agree to be bound to these Terms, particularly those provisions that restrict or exempt liabilities.  In addition, our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Array Services to you, as well as your rights and choices concerning your information.  If you do not agree to these Terms, or if you do not want us to collect, use, disclose, share, or otherwise process your information in the ways described in our Privacy Policy, you must not use the Array Services (or you must stop using the Array Services if you have already started using them). 

To use the Array Services, you must be 16 years of age or older and over the age of majority in your jurisdiction.  If you are under 18 years of age, or under the age of majority where you live, your legal guardian must provide consent to your use of the Array Services.  As described below, United States law governs these Terms, and the Array Services may fall within United States export controls.  You may not use the Array Services if United States law or other applicable law preclude you from receiving products, including services or software, from the United States.

SECTION 12 OF THIS AGREEMENT CONTAINS AN INFORMAL DISPUTE RESOLUTION PROCESS, A BINDING AGREEMENT TO ARBITRATION, AND A CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, AND REPRESENTATIVE ACTION WAIVER, WHICH WAIVE YOUR RIGHT TO A COURT HEARING OR A TRIAL BEFORE A JUDGE OR JURY, SUBJECT TO CERTAIN EXCEPTIONS.  SECTION 9 CONTAINS WARRANTY DISCLAIMERS AND A LIMITATION OF OUR LIABILITY, INCLUDING A RELEASE BY YOU OF CLAIMS FOR DAMAGES RELATED TO THE ARRAY SERVICES.  PLEASE READ SECTIONS 9 AND 12 AND THESE TERMS CAREFULLY.  BY USING THE ARRAY SERVICES, YOU AGREE TO THESE PROVISIONS.

Table of Contents

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1. The Array Services; Changes to the Array Services or the Terms

The Array Services consist of the preinstalled Array application(s), the Array SDK(s), and various other integrations, interfaces, features, content, and advertising products that help you discover and engage with mobile apps and other products or services.  In particular, we have partnered with various carriers, mobile phone original equipment manufacturers, and other parties to provide you with third-party mobile app recommendations, suggestions, and other advertisements that may suit your interests and preferences.  The Array Services take various forms depending upon the way in which you interact with them.  The Array Services may preload certain mobile apps or other products or services onto your device, send you notifications or messages about recommended or suggested mobile apps or other products or services, allow you to search for mobile apps or other products or services, facilitate the on-device installation of mobile apps or other products or services that you interact with or choose to download through the Array Services, (and install subsequent updates to those mobile apps or other products or services), present you with other recommendations, suggestions, and notifications that may be of interest, and provide other features and functionality.  By signing up for the Array Services, you agree to receive these products and services, and you understand that they may evolve over time (as described below).  

In certain circumstances, we receive compensation when you download or engage with mobile apps or other products or services that appear in the Array Services or that you interact with or choose to download through the Array Services.  The compensation received by us may impact whether third-party mobile apps or other products or services appear in the Array Services, their placement in the preinstalled Array application(s), and how or whether we promote, recommend, or suggest them to you.  You have no obligation to download and install any mobile apps (or engage with any other product or service) that may be recommended or suggested to you, and you can skip or close the Array Services at any time by clicking close or performing a similar action.

AI-Powered Recommendations and Suggestions from the Array Services — We use AI-powered advertising tools to provide you with third-party mobile app recommendations, suggestions, and other advertisements, features, and functionality that may suit your interests and preferences.  To provide the Array Services, we use information we have collected about you and your engagement with mobile apps and other products or services, as described in our Privacy Policy.  We do this based on factors like:

  • Advertising ID (GAID);
  • IP address;
  • Device make, model, carrier, and operating system;
  • Device properties related to screen size, orientation, audio, battery, device memory usage, settings, and boot time;
  • The country, time zone, and locale settings of the device;
  • Network connection type and speed;
  • Internet browser user-agent used to access the Array Services;
  • Browsing behavior and search and purchasing histories; and
  • Previous interactions with mobile apps, advertisements, our business partners, or our advertising partners.

Our Access to Certain Android Permissions — To maximize the benefits to you of the Array Services, we need access to certain Android device permissions, including “INSTALL_PACKAGES” and “QUERY_ALL_PACKAGES.”  We use those permissions to provide you with the Array Services, including presenting you with recommended or suggested mobile apps or other products or services that have not already been installed to your device.  You can review or manage these permissions through the “Settings” menu on your Android device or on the Array application(s).

Updates to the Array Services — We may from time-to-time update, improve, enhance, and further develop the Array Services (for example, in the form of bug fixes, enhancements, security patches, new software modules, or new versions), including installing updates to mobile apps that you download through the Array Services.  The Array Services will automatically download and install updates to these mobile apps onto your device.  If you do not want the Array Services to download and install updates automatically onto your device, you can turn off automatic updates at any time through the “Settings” menu on the Array application(s) (by navigating to “In-app notification settings,” “Terms of Service,” “App Update”).

Notifications and Messages from the Array Services — We may from time-to-time send you notifications or messages regarding the Array Services or third-party apps that may be of interest to you.  By using the Array Services, you consent to receive these notifications or messages from us, our affiliates, or providers.  If you do not want to receive notifications, you can turn off notifications through the “Settings” menu of your Android device or on the Array application(s).

Hardware and Software Requirements — The functionalities and features of the Array Services may vary depending on the device and operating system that you use, the way in which you interact with the Array Services, your region, or the changing requirements of applicable laws.  To use the Array Services, you need compatible hardware and software (and potentially the latest versions of that software), and internet access, among other technological features.  The performance of the Array Services may be affected by these or related factors, each of which we do not control.  Your access and use of the Array Services may also be interrupted from time to time due to third-party failures outside of our control or the need for periodic maintenance, updates, or repairs.  As explained below, we make no representations or warranties of any kind with respect to the performance or availability of the Array Services.

Changes to the Array Services or these Terms — Because our Array Services evolve over time, we may at any time, at our sole discretion, modify, suspend, restrict, terminate, or cancel the Array Services or any portion of them.  In addition, we may add or remove features or functionality of the Array Services or any portion of them at any time, and we may suspend, restrict, delete, or remove access to the Array Services or any portion of them.

We may also modify these Terms at any time at our sole discretion by posting the modified Terms.  By continuing to use the Array Services after those modifications, you agree to the revised terms.  If you do not agree to be bound by the modified Terms, then you must not use the Array Services anymore.

Your Independent Relationship with Third-Party Apps — You understand that Array operates independently from the third-party apps or other products or services that may be recommended or suggested to you through the Array Services.  If you choose to download and install a third-party app or a recommended or suggested third-party app through the applicable third-party platform (e.g., the Google Play Store), you create an independent relationship with that third-party app and platform, governed by the applicable terms of service, privacy policy, and other documents.  Please review the applicable terms of service and other documents carefully for additional information.  As described below, we do not have any role in your relationship with any third-party, including the developers of third-party apps that you may have chosen to download or install.  You acknowledge sole responsibility for, and assume all risk arising from, your decision to download, install, and use any third-party apps.

Uninstalling Apps — You may uninstall the preinstalled Array application(s) or other apps that you have installed through the Array Services at any time.  To uninstall apps on Android systems, open the Google Play Store app > tap the “Profile” icon in the top-right corner > tap “Manage apps & devices” > tap “Manage” > select the name of the app you want to delete > tap “Uninstall.”  

2. Our Retained Proprietary Rights; Restrictions on Your Use of the Array Services

Except for the limited license granted herein, we and our licensors retain all legal right, title, and interest in and to all other elements of the Array Services, including all of the intellectual property associated with the Array Services, the Array preinstalled application(s), the Array SDK(s), the technology and software used to provide the Array Services, any improvements or derivative products or services, and all other aspects of the Array Services.  We reserve all rights not expressly granted to you.

Your Limited License to the Array Services — Subject to your agreement and continuing compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Array Services for your own personal (non-commercial) use.  You agree not to use the Array Services for any other purpose.  You also agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from any aspect of the Array Services.  Any unauthorized use will terminate this limited license and may also violate applicable laws. 

Our Use of Your Feedback — If you make suggestions regarding any features, functionality, or performance of the Array Services that we adopt, such features, functionality, and performance shall be deemed automatically assigned to AppLovin under these Terms and become our sole and exclusive property.To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.

Eligibility to Use the Platform and the Services — You agree to use the Array Services consistent with these Terms and all laws and regulations, including United States export controls.  In addition, you may not use the Array Services if you: (i) cannot receive products, including services or the Software, from the United States (because for example you live in a country embargoed by the United States) or have been the target of sanctions by any governmental entity; (ii) cannot access or use the Array Services in compliance with these Terms under the applicable laws of your jurisdiction; and (iii) have previously been suspended from the Array Services.

3. Our Privacy Policy 

Our Privacy Policy describes how we collect, use, disclose, share, and otherwise process your personal information when providing the Array Services to you, as well as your rights and choices concerning your information.  When you use the Array Services, you acknowledge that the Privacy Policy applies.  If you do not want us to collect, use, disclose, share, and otherwise process your information in the ways described in our Privacy Policy, you must not use the Array Services. 

As described above, if you choose to download and install a third-party app or a recommended or suggested third-party app through the applicable third-party platform (e.g., the Google Play Store), you create an independent relationship with that third-party app and platform, governed by the applicable terms of service, privacy policy, and other documents.  Please refer to the applicable privacy policy and other documents to review the applicable practices in relation to your personal data.

4. Code of Conduct and Our Enforcement Rights 

If you violate these Terms or any law, rule, or regulation; interfere with or damage or disrupt the Array Services or any server or network used to support or provide the Array Services; engage in conduct that we deem fraudulent, abusive, unethical, suspicious, artificial, or otherwise inconsistent with these Terms; use, employ, operate, or create a computer program to simulate the human behavior of a user (“Bots”); use, employ, or operate Bots or other similar forms of automation to engage in any activity on the Array Services; or engage in any similar conduct or behavior, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend your access to, use, or integration of, the Array Services.

Report Mobile Apps or Other Products or Services — If someone may have violated these Terms, misused the Array Services, if you would like to report any mobile apps or other products or services recommended or suggested to you through the Array Services, or if you have any other issue you would like to raise with us, please contact us at [email protected].

Trademark & DMCA/Copyright Policy — We respect the intellectual property rights of others and ask that you do the same.  We respond to notices of alleged trademark or copyright infringement, consistent with the US Digital Millennium Copyright Act or laws of similar effect.  For more information, please review our Copyright Page.

6. Third-Party Apps and Content

The Array Services may, from time-to-time, include third-party content, including links to third-party apps, products or services, websites, or resources.  We provide this content and these links only as a convenience.  We are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party apps, products or services, websites, or resources.

7. Ending Your Relationship with the Array Services (and vice versa)

Termination by Us — We may terminate your access and use of the Array Services, at our sole discretion, at any time and without notice to you.

Termination by You — You may terminate these Terms at any time by contacting us [email protected].

Effect of Termination — Upon any termination or cancellation of the Array Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, warranty disclaimers, limitations of liability, and dispute resolution provisions.

8. Your Indemnification of Us

To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless AppLovin, its affiliates, parent corporations, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, insurers, and reinsurers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to these Terms, your use of the Array Services, or any violation of these Terms.

9. Warranty Disclaimers and Limitation of Our Liability

Nothing in these Terms affects the statutory rights that you may have as a consumer of the Array Services.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain liabilities.  In those jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of these jurisdictions.

Warranty Disclaimers — You access and use the Array Services at your own sole risk.  We provide the Array Services, including the preinstalled Array application(s), the Array SDK (if applicable), and various other integrations, interfaces, features, content, and advertising products included on or otherwise made available to you through the Array Services, on an “as is” and “as available” basis, without warranty of any kind. 

  • We make no representations or warranties of any kind, express or implied, as to the operation of the Array Services, including the preinstalled Array application(s), the Array SDK (if applicable), and various other integrations, interfaces, features, content, and advertising products included on or otherwise made available to you through the Array Services.  As set forth above, the Array Services’ performance may be affected by your hardware, software, and/or internet access, each of which we do not control.  In addition, we may suspend, withdraw, or restrict the availability of all or any part of our Array Services at any time and for any reason.
  • You expressly agree that you use the Array Services at your sole risk.  To the full extent permissible by law, we disclaim all warranties, express or implied, about the Array Services, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement or availability, and any warranties arising out of course of dealing or usage of trade.  
  • We do not warrant that the Array Services, including the preinstalled Array application(s), the Array SDK (if applicable), and various other integrations, interfaces, features, content, and advertising products included on or otherwise made available to you through the Array Services will be secure, free of viruses or other harmful components, or uninterrupted, that defects will be corrected, or that you will not encounter any connectivity problems or other technical issues.
  • YOU ACCESS AND USE THE ARRAY SERVICES AT YOUR SOLE RISK.  WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE ARRAY SERVICES.

Limitation of Our Liability and Cap on Damages — To the full extent permissible by law, you acknowledge and agree that neither we nor any other party involved in creating, producing, or delivering the Array Services (including our affiliates), will be liable: 

  • For any indirect, incidental, punitive, special, consequential, liquidated, or punitive damages, including lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services, in anyway whatsoever (and under any theory in any applicable jurisdiction) arising out of or in connection with these Terms, your use of or access to the Array Services, or for any loss or damage caused by your reliance on information obtained on or through the Array Services, even if we have been advised of the possibility of such damages; or
  • For the conduct of third parties, such as any operators of external platforms, apps, products or services, websites, or resources. As explained above, if you choose to download and install a specific third-party app or a recommended third-party app through the applicable third-party platform (e.g., the Google Play Store), you create an independent relationship with that third-party app and platform, governed by the applicable terms of service and other documents. We do not have any role in your relationship with any third-party company, and we are not responsible for that relationship or for any disputes arising out of any such agreement or other arrangements or for any other third-party conduct. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party apps, platforms, products or services, websites, or resources. The risk of using any third-party app or third-party platform rests entirely with you. 

THE RISK OF USING THE ARRAY SERVICES AND ANY THIRD-PARTY PLATFORMS, APPS, PRODUCTS OR SERVICES, WEBSITES, OR RESOURCES RESTS ENTIRELY WITH YOU, AS DOES THE RISK OF ANY FORM OF INJURY FROM THESE THIRD-PARTY PRODUCTS OR SERVICES. 

In addition, to the full extent permissible by law, the aggregate liability to you arising out of or relating to these Terms or your relationship with us and use of or access to the Array Services will not exceed the total sum of twenty dollars (US$20). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

10. Time Limitation on Your Claims against Us

You agree that any claim you may have arising out of or relating to these Terms or your relationship with us must be filed within one (1) year after the purported claim arose.  Otherwise, you acknowledge and agree that your claim will be permanently barred as untimely.  

11. Governing Law and Venue for Legal Disputes Not Subject to Arbitration

These Terms, and all claims or defenses based on, arising out of, or related to these Terms or our relationship under these Terms shall be governed by, and enforced in accordance with, the internal laws of the State of California, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.

Except as provided below, any disputes not subject to the Agreement to Arbitration set forth in this Section shall be heard only in the state or federal courts located in Santa Clara County, California, unless we mutually agree to some other location.  Each of us consents to venue and personal jurisdiction in Santa Clara County, California, for purposes of any such action.

12. Informal Dispute Resolution Process; Agreement to Arbitration; Consolidated, Class Action, Collective Action, and Representative Action Waiver

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS YOUR RIGHTS AND INCLUDES A WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

Notice of Claim and Required Informal Dispute Resolution Process

In the event of any controversy or claim arising out of or relating to these Terms, we shall consult and negotiate with each other and, recognizing our mutual interests, attempt to reach a satisfactory solution, through first contacting 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 Array Services, most user concerns or issues can be resolved by contacting us 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 us to address your concerns or issues.  Most disputes can be resolved that way. 

If you have any concern or dispute that we 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”) by sending an email to [email protected] (Attention: Legal).  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), the relief you seek (including a good-faith calculation of the specific amount in dispute), and information sufficient to identify your account(s).  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, except for certain exceptions described 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.

Agreement to Arbitration; Exceptions to Agreement to Arbitration

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 BEFORE A SINGLE ARBITRATOR, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US OR YOUR USE OF THE ARRAY SERVICES.  

This Agreement to Arbitration 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.  

You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, applicability, or enforceability of this Agreement to Arbitration.  This includes questions about whether any dispute between us is subject to this Agreement to Arbitration (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 Arbitration

This Section does not apply to the following types of claims or disputes, which you or we may bring in court in accordance with these Terms: 

(1) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; 

(2) claims for preliminary injunctive relief for violations of these Terms;

(3) claims to request enforcement or recognition of any award or order in any appropriate jurisdiction; and

(4) our ability to suspend or terminate access to the Array Services pursuant to these Terms.

Small Claims Court — 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 or jurisdiction 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.

Our Right to Opt-Out of Mass Arbitrations — In addition, if ten or more demands for arbitration are filed that share common factual or legal issues, and if counsel for the parties submitting those demands are the same or coordinated, we have the right to opt out of the provisions of this Agreement to Arbitration and elect to resolve the claim through small claims court (if applicable) or courts of general jurisdiction (rather than through arbitration) by providing notice to the other parties (and the arbitration provider) of that opt out and election 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 (if applicable) or courts of general jurisdiction in lieu of arbitration.

Procedure for Arbitration

The Federal Arbitration Act applies to this Section.  The arbitration will be governed by the (i) Streamlined Arbitration Rules & Procedures of JAMS and (ii) the Mass Arbitration Procedures and Guidelines of JAMS if five or more demands for arbitration are filed that share common factual or legal issues and if counsel for the parties submitting those demands are the same or coordinated (collectively the “Rules”), as modified by these Terms. The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration/ and https://www.jamsadr.com/mass-arbitration-procedures.  We shall appoint one arbitrator (fluent in English), who 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/).  Your arbitration demand must include an individualized and detailed description of the nature and factual basis of your individual, personal claim(s), the relief you seek (including a good-faith calculation of the specific amount in dispute), and information sufficient to identify your account(s) (such as a user ID or similar details).  In addition, your arbitration demand must demonstrate your compliance with the preconditions to arbitration outlined above (e.g., first contacting customer support and then following the Informal Dispute Resolution Process).

Any arbitration under this Section that must take place in person (rather than through a more convenient virtual forum) 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 (but not your attorneys’ fees), 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 a 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, or another location that you and we mutually agree to, and the number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. 

Consolidated, Class Action, Collective 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, COLLECTIVE 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, COLLECTIVE, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING.  NONETHELESS, IF ANY PORTION OF THIS CONSOLIDATED, CLASS ACTION, COLLECTIVE ACTION, AND 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 ARBITRATION, 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, COLLECTIVE, OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. 

30-Day Right to Opt Out

You have the right to opt out of the provisions of this Agreement to Arbitration within thirty (30) days after first becoming subject to this Agreement to Arbitration by sending us written notice of your decision to opt out to [email protected].  Your notice must include your name, account information, the email address associated with your account (if applicable), and an unequivocal statement that you want to opt out of this Agreement to Arbitration.  If you opt out of this Agreement to Arbitration, all other parts of these Terms will continue to apply to you, and we also will not be bound by this Agreement to Arbitration.

Changes to this Section

Notwithstanding any provision in these Terms to the contrary, we agree that, if we make any future material change to this Section, you may reject any such material change by sending us written notice within thirty (30) days of the change to [email protected]. 

Severability

This Section 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 Arbitration (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.

Survival  

This Section shall survive termination of these Terms.  

13. Miscellaneous Provisions

Entire Agreement — These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Array Services, and these Terms supersede and replace all prior oral or written understandings or agreements between us and you regarding the Array Services. 

Severability — If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. 

No Assignment or Transfer by You — You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.  We may freely assign or transfer these Terms without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. 

No Waiver — Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

EEA Online Dispute Resolution Platform — If you are a consumer in EEA, the European Commission’s Online Dispute Resolution Platform has been introduced to help consumers who have purchased goods or services online without going to court. If applicable, the platform can be found here: http://ec.europa.eu/consumers/odr.

California Notice — Pursuant to California Civil Code Section 1789.3, we note the following for consumers from California: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 1(916) 445-1254 or 1(800) 952-5210.  We may be contacted in writing at the addresses set forth in the “Contact Information” section.

14. Contact Us

If you have any questions about these Terms or the Array Services, please contact us at [email protected] or the address set forth below:

Attention: Legal
[email protected] 
AppLovin Corporation
1100 Page Mill Road
Palo Alto, CA 94304