Terms of Service

Last updated: December 16, 2024

Please read these Terms of Service ("Terms") carefully before using the ViewTrace platform...

1. Acceptance of Terms

By accessing or using ViewTrace ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

ViewTrace provides a mobile app attribution analytics platform that helps app developers and marketers understand the effectiveness of their creator marketing campaigns. The Service analyzes content metrics and app install data to provide attribution insights.

The Service is provided "as is" and "as available." We make no guarantees about the accuracy of attribution results, which are based on statistical models and correlation analysis.

3. Account Registration

  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You are responsible for all activities that occur under your account.
  • You must notify us immediately of any unauthorized access to your account.
  • You must be at least 18 years old to use this Service.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service to collect, store, or process data in violation of any applicable law or regulation.
  • Attempt to circumvent rate limits, access controls, or security measures.
  • Use the Service to scrape, crawl, or otherwise collect data from third-party platforms in violation of their terms of service.
  • Reverse engineer, decompile, or disassemble any part of the Service.
  • Share your account credentials with third parties or allow unauthorized access.
  • Use the Service to infringe on intellectual property rights of others.
  • Use the Service for any purpose that is harmful, fraudulent, or deceptive.
  • Interfere with or disrupt the Service or servers connected to the Service.
  • Publish, post, or transmit any content that is illegal, harmful, threatening, abusive, or otherwise objectionable.

5. Third-Party Platform Compliance

5.1 Your Responsibilities

When connecting third-party platforms to the Service, you represent and warrant that:

  • You have the legal right to authorize access to the connected accounts.
  • You will comply with the terms of service of all connected platforms (TikTok, Meta, Apple, Google).
  • You have obtained any necessary consents from creators whose content you track.
  • You will not use the Service in ways that violate platform guidelines.

5.2 Platform-Specific Terms

Use of data from the following platforms is subject to their respective terms:

  • TikTok: Subject to TikTok's Developer Terms of Service and Community Guidelines.
  • Meta (Instagram/Threads): Subject to Meta Platform Terms and Developer Policies.
  • Apple App Store Connect: Subject to Apple Developer Program License Agreement.
  • Google Play: Subject to Google Play Developer Distribution Agreement.

5.3 Data Access Limitations

We access third-party platform data only through official APIs and authorized methods. We respect platform rate limits and usage policies. Any unauthorized data collection or scraping is strictly prohibited.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its design, features, and content (excluding user data), is owned by ViewTrace and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

6.2 Your Data

You retain ownership of all data you provide to the Service. You grant us a limited license to use your data solely to provide the Service to you.

6.3 Creator Content

Content metrics from third-party platforms belong to the respective content creators and platforms. We do not claim ownership of any creator content. We only process metadata and metrics for attribution analysis purposes.

7. Payment Terms

  • Subscription Fees: Subscription fees are billed in advance on a monthly or annual basis.
  • Payment Method: You authorize us to charge your designated payment method for all fees.
  • Refunds: Fees are non-refundable except as required by law or as specified in our refund policy.
  • Price Changes: We may change prices with 30 days' notice. Continued use after the effective date constitutes acceptance.
  • Taxes: Fees are exclusive of taxes. You are responsible for applicable taxes.
  • Late Payments: Overdue amounts may accrue interest at 1.5% per month or the maximum legal rate.

8. Confidentiality

"Confidential Information" includes any non-public information disclosed by either party, including business data, technical information, and user data.

  • Both parties agree to protect Confidential Information using reasonable security measures.
  • Confidential Information may only be used for purposes of this agreement.
  • Confidential Information may not be disclosed to third parties without consent, except to service providers bound by confidentiality obligations.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will meet your specific requirements.
  • The Service will be uninterrupted, timely, secure, or error-free.
  • Attribution results will be 100% accurate.
  • Any errors in the Service will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIEWTRACE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.

Our total liability for any claims under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless ViewTrace and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including intellectual property rights.
  • Your violation of any applicable law or regulation.

12. Termination

  • By You: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
  • By Us: We may suspend or terminate your account for violation of these Terms, non-payment, or at our discretion with 30 days' notice.
  • Effect of Termination: Upon termination, your right to access the Service ends. We will delete your data within 30 days unless retention is required by law.
  • Survival: Sections regarding intellectual property, limitation of liability, indemnification, and governing law survive termination.

13. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or through the Service at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and ViewTrace regarding the Service.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations.
  • Force Majeure: Neither party is liable for delays caused by circumstances beyond reasonable control.

16. Contact Information

For questions about these Terms: