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Apple Search Ads diff

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Apple Search Ads

Apple Advertising Services

Effective Date: April 26, 2020

Effective Date: June 22, 2021

THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN THE ENTITY EXECUTING THESE TERMS OF SERVICE, AS IDENTIFIED IN THE LEGAL ENTITY NAME FIELD IN YOUR ACCOUNT, OR AN AUTHORIZED REPRESENTATIVE, INCLUDING EMPLOYEES, AGENTS, ASSIGNS, NOMINEES, CONSULTANTS AND CONTRACTORS (INDIVIDUALLY OR COLLECTIVELY A “CONTENT PROVIDER” OR “YOU”), AND APPLE, GOVERNING THE USE OF APPLE SEARCH ADS AND RELATED ADVERTISING PROGRAMS, PRODUCTS, AND SERVICES OFFERED PURSUANT TO THESE TERMS OF SERVICE (THE “SERVICES”).

THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT AND ARE ENTERED INTO BETWEEN APPLE AND THE ENTITY AGREEING TO THESE TERMS OF SERVICE OR ITS AUTHORIZED REPRESENTATIVE, INCLUDING EMPLOYEES, AGENTS, ASSIGNS, NOMINEES, CONSULTANTS, AND CONTRACTORS (INDIVIDUALLY OR COLLECTIVELY A “CONTENT PROVIDER” OR “YOU”), GOVERNING ACCESS TO OR THE USE OF THE SERVICES PROVIDED BY APPLE (I) ASSOCIATED WITH THE ACCOUNT CREATED, ACCESSED, OR USED BY YOU IN CONNECTION WITH THESE TERMS OF SERVICE, OR (II) ANY OTHER SERVICES, PROGRAMS, OR PRODUCTS THAT INCORPORATE BY REFERENCE THESE TERMS OF SERVICE (THE “SERVICES”).

“Apple” shall mean any or all the following depending on the location where Your Ad Content is served using the Services: Apple Inc., located at One Apple Park Way, Cupertino, California 95014 for Ad Content served in North, Central and South America (excluding Canada and its territories and possessions), including United States territories and possessions, and French and British possessions in North America, South America, and the Caribbean; Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for Ad Content served in Canada or its territories and possessions; iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-Ku, Tokyo 106-6140, Japan for Ad Content served in Japan; Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney, NSW 2000, Australia for Ad Content served in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; Apple Distribution International Ltd. (“ADI”), located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland for Ad Content served in all other locations.

Unless otherwise specified herein, “Apple” shall mean any or all the following depending on the location where Your Ad Content is served using the Services: Apple Inc., located at One Apple Park Way, Cupertino, California 95014 for Ad Content served in North, Central and South America (excluding Canada and its territories and possessions), including United States territories and possessions, and French and British possessions in North America, South America, and the Caribbean; Apple Canada Inc., located at 120 Bremner Blvd., Suite 1600, Toronto ON M5J 0A8, Canada for Ad Content served in Canada or its territories and possessions; iTunes K.K., located at Roppongi Hills, 6-10-1 Roppongi, Minato-Ku, Tokyo 106-6140, Japan for Ad Content served in Japan; Apple Pty Limited, located at Level 3, 20 Martin Place, Sydney, NSW 2000, Australia for Ad Content served in Australia, New Zealand, including island possessions, territories, and affiliated jurisdictions; Apple Distribution International Ltd. (“ADI”), located at Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland for Ad Content served in all other locations.

You certify to Apple and agree that You or Your representative or agent entering into these Terms of Service is of the legal age of majority in the jurisdiction(s) in which You reside (at least 18 years of age in many countries) and have the right and authority to enter into these Terms of Service on Your own behalf, and that if Your representative or agent is entering into these Terms of Service on behalf of You as a company, organization, educational institution, or agency, instrumentality, or department of the government, that such representative or agent has the right and authority to legally bind You to all the terms and obligations of these Terms of Service.

You agree to accept and abide by these Terms of Service as presented; changes, additions, or deletions are not agreed to by Apple, and Apple may deny access to the Services for noncompliance with any part of these Terms of Service or for any other reason at Apple’s sole discretion.

THE ENGLISH LANGUAGE VERSION OF THIS AGREEMENT SHALL BE THE ORIGINAL, GOVERNING INSTRUMENT AND UNDERSTANDING OF THE PARTIES. IF THIS AGREEMENT IS MADE AVAILABLE BY APPLE IN ANY LANGUAGE OTHER THAN ENGLISH, THE ENGLISH LANGUAGE VERSION SHALL GOVERN AND CONTROL IN THE EVENT OF ANY CONFLICT WITH ANY TRANSLATION INTO ANY OTHER LANGUAGE.

In consideration of the foregoing and of the mutual promises and covenants set forth herein, You and Apple (collectively, the “Parties”) agree as follows:

1. Access. Access to the Services is made available, at Apple’s sole discretion, only to a Content Provider that has one or more valid agreements with Apple or Apple affiliates relating to a Content Provider whose materials are offered on Apple software applications (e.g., App Store) or other persons or entities as determined by Apple in its sole discretion.

2. System Requirements. Use of the Services requires compatible hardware, internet and/or mobile access, certain software, and may require obtaining updates or upgrades from time to time. Fees may apply to Content Provider’s system requirements. Because use of the Services involves hardware, software, and internet and/or mobile access, Your ability to use the Services may be affected by the performance of these factors. High-speed internet and/or mobile access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility. You further acknowledge and agree that the Services constitute commercial services for commercial use.

3. Other Agreements. Any other agreements in effect between Apple and You (collectively, the “Other Agreements”) are separate from these Terms of Service. Except as otherwise specified in writing herein or in the Other Agreements, these Terms of Service will in no event be deemed to be the terms of the Other Agreements and vice versa. No breach of these Terms of Service will constitute a breach of the Other Agreements and vice versa. You acknowledge and agree that the performance of Your obligations under these Terms of Service shall not be conditioned on Apple entering into any further agreements or providing any additional representations or warranties relating to the Services.

4. Your Information. You agree to provide accurate, current and complete information required to register with Apple for the Services and at other points as may be required in the course of using the Services (“Business User Data”), including, but not limited to, company name, physical address, corporate payment information, relevant tax information (including any tax registration number or certificate, etc.), or other information as requested. You acknowledge and agree that Your use of the Services will require Apple to send email communications to You at the email address that You provide upon registration. You agree that Apple may send to You, whether by email or otherwise, communications, including but not limited to notifications and invoices (or other materials relating billing), in the English language. You hereby confirm Your ability to read and comprehend communications in the English language or Your practicable ability to have communications in the English language translated to a language of Your preference or as mandated by the jurisdiction(s) to which You are subject, at no cost to Apple. You hereby confirm that any Business User Data You already have provided to Apple (including, without limitation, in the App Store application process or through prior use of Search Ads) has been accurate, current and complete. You further agree to maintain and update Your Business User Data as required to keep it accurate, current, and complete. You understand and acknowledge that failure to provide, update, and maintain accurate, current, and complete information pursuant to these Terms of Service may lead to suspension or termination of Your access to or use of the Services at any time.

4. Your Information. You agree to provide accurate, current and complete information required to register with Apple for the Services and at other points as may be required in the course of using the Services (“Business User Data”), including, but not limited to, company name, physical address, corporate payment information, relevant tax information (including any tax registration number or certificate, etc.), or other information as requested. You acknowledge and agree that Your use of the Services will require Apple to send email communications to You at the email address that You provide upon registration. You agree that Apple may send to You, whether by email or otherwise, communications, including but not limited to notifications and invoices (or other materials relating billing), in the English language. You hereby confirm Your ability to read and comprehend communications in the English language or Your practicable ability to have communications in the English language translated to a language of Your preference or as mandated by the jurisdiction(s) to which You are subject, at no cost to Apple. You hereby confirm that any Business User Data You already have provided to Apple (including, without limitation, in the App Store application process or through prior use of the Services) has been accurate, current and complete. You further agree to maintain and update Your Business User Data as required to keep it accurate, current, and complete. You understand and acknowledge that failure to provide, update, and maintain accurate, current, and complete information pursuant to these Terms of Service may lead to suspension or termination of Your access to or use of the Services at any time. You acknowledge and agree that Apple may retain in its records Your Business User Data and information relating to Your Business User Data, Your Account, and Your use of the Services as may be required by the laws and regulations of the jurisdiction(s) in which You reside or are located or to which You are subject and of each jurisdiction in which Your Campaigns or Ad Content are displayed, in accordance with Apple’s Privacy Policy, available at apple.com/privacy, and that such retention may persist beyond Your cessation of use of the Services.

5. Account and Password. As a registered user of the Services, You must establish an account to use the Services (“Account”). You are solely responsible for Your Account, including maintaining the confidentiality and security of Your Account. You may not reveal Your Account information to anyone else, allow anyone to use Your Account, or use anyone else’s Account without authorization. You are entirely responsible for all activities that occur on or through Your Account, and You agree to immediately notify Apple of any unauthorized use of Your Account or any other breach of security. Apple shall not be responsible for any losses arising out of the unauthorized or other improper use of Your Account by You.

6. Advertising Services.

a. Overview. Upon acceptance of these Terms of Service, You may use the Services to set up, manage and pay Apple for advertising campaigns (“Campaigns”) in which Apple will deliver advertising content (“Ad Content”) to users of Apple software applications and Apple devices (the “Properties”).

b. Targeting. You understand and agree that Ad Content may be delivered to all Properties authorized by Apple to display Ad Content, subject to Your selection, if applicable, of (I) ad creative, (II) ad trafficking and/or targeting decisions (e.g., keywords, bids, segments), (III) Properties, (IV) properties to which the Ad Content may direct viewers (e.g., app downloads, URLs, landing pages), and (V) the related URLs and redirects and the services and products advertised on such URLs and redirects (collectively, “Targeting”). Apple and its affiliates may make available to You certain optional features related to Targeting, such as suggestions or recommendations relating to keywords or auction bids, intended to assist You with the selection and generation of Targeting. You understand and agree that You are not required to implement, use, authorize use of, or rely upon these optional Targeting features and, as applicable, may opt-in or opt-out of usage of these features. You further understand and agree that if You decide to implement, use, authorize use of, or rely upon any Targeting, including any optional Targeting features, then You will remain solely responsible for that Targeting. Apple shall not bear any responsibility or liability for Your Targeting or Your decisions relating to Targeting. You represent and warrant that You shall implement all Targeting in compliance with all applicable legal requirements. Targeting services and features are provided and may be modified, suspended, or terminated at Apple’s sole discretion. Subject to the foregoing, You authorize Apple to implement all Targeting deliveries and features You select or use.

b. Targeting. You understand and agree that Apple may offer You the ability to select, implement, or use features or functionalities of the Services to assist You in optimizing or targeting the delivery of Your Ad Content, including but not limited to: (I) ad creative, (II) ad trafficking and/or targeting decisions, including keyword selection, bids, and segments, (III) Properties, (IV) properties to which the Ad Content may direct viewers (e.g., app downloads, URLs, landing pages), and (V) the related URLs and redirects and the services and products advertised on such URLs and redirects (collectively, “Targeting”). Apple and its affiliates may make available to You certain optional features related to Targeting, such as suggestions or recommendations relating to keywords or auction bids, intended to assist You with the selection and generation of Targeting. You understand and agree that You are not required to implement, use, authorize the use of, or rely upon any Targeting features and, as applicable, may opt-in or opt-out of usage of these features. YOU UNDERSTAND AND AGREE THAT YOUR IMPLEMENTATION, USE, AUTHORIZATION OF, RELIANCE UPON, AND DECISIONS RELATING TO ANY TARGETING, INCLUDING ANY OPTIONAL TARGETING FEATURES, WHETHER OR NOT IMPLEMENTED USING FEATURES OR FUNCTIONALITIES OF THE SERVICES, SHALL BE YOUR SOLE RESPONSIBILITY FOR WHICH YOU SHALL BE SOLELY LIABLE, AND YOU SHALL COMPLY WITH ALL APPLICABLE LEGAL AND REGULATORY REQUIREMENTS, INCLUDING THOSE OF THE JURISDICTION(S) IN WHICH YOU RESIDE OR ARE LOCATED OR TO WHICH YOU ARE SUBJECT AND THOSE OF EACH JURISDICTION IN WHICH YOUR CAMPAIGNS OR AD CONTENT ARE DISPLAYED. You further understand and agree that Targeting services and features and any aspect thereof are provided, and may be modified, suspended, or terminated, at Apple’s sole discretion. Subject to the foregoing, You authorize Apple to implement all Targeting You select, implement, or use.

c. Beta, Ad Experiments, Promotions. You acknowledge and agree that Apple or its affiliates may participate in or implement beta, ad experiments, or promotional program features as part of the Services, which, unless otherwise agreed, shall be governed by these Terms of Service. You agree to not disclose any non-public information regarding such programs, products, or features, including their existence.

d. Advertiser Data. Some features of the Services may allow You to provide information about Your customers, products, and services to Apple (“Advertiser Data”) in order to use Targeting. If such features are made available to You and You elect to use them, You acknowledge and agree that Apple may use Your Advertiser Data for the sole purpose of fulfilling Your Targeting. You further acknowledge and agree that You are solely responsible for the security and confidentiality of Your Advertiser Data (subject to the Apple Warranty herein), You have the necessary permissions and consents (as needed) to use and provide Your Advertiser Data, You undertake that You will only use the Advertiser Data via the Services where you have lawful, permitted purposes, and You will remove the Advertiser Data from all Apple properties used by You in connection with the Services if You no longer intend to use such data in connection with the Services.

d. Advertiser Data. To the extent any features or functionalities of the Services allow You to provide information about Your customers, products, and services to Apple (“Advertiser Data”) in order to use Targeting, and You elect to use them, You acknowledge and agree that Apple may use Your Advertiser Data for the sole purpose of fulfilling Your Targeting. You further acknowledge and agree that You are solely responsible for the security and confidentiality of Your Advertiser Data (subject to the Apple Warranty in Section 6(h) herein), You have the necessary permissions and consents (as needed) to use and provide Your Advertiser Data, You undertake that You will only use the Advertiser Data via the Services where you have lawful, permitted purposes, and You will remove the Advertiser Data from all Apple properties used by You in connection with the Services if You no longer intend to use such data in connection with the Services.

e. Right to Reject Ad Content. Apple reserves the right to: (I) reject or cancel any Ad Content, Campaign or Targeting at any time and for any reason, including but not limited to belief by Apple that placement of Ad Content may subject Apple to criminal or civil liability, may contravene the Terms of Service, may contravene Apple’s policies, or may be adverse to Apple’s business interests; and (II) reasonably mark or designate the Ad Content as advertising or promotional material consistent with applicable laws, regulations, or industry practices. You also understand and agree that some Ad Content, Content Providers or materials owned by the Content Provider, or advertiser products and/or services may not be eligible for promotion using the Services. The fact that Apple has not rejected any Ad Content shall not in any way waive, reduce, limit, or otherwise affect Your responsibilities and obligations under these Terms of Service.

e. Right to Reject Ad Content. Apple reserves the right to: (I) reject, remove, or cancel any Ad Content, Campaign or Targeting at any time and for any reason, including but not limited to belief by Apple that placement of Ad Content may subject Apple to criminal or civil liability, may contravene the Terms of Service, may contravene Apple’s policies, or may be adverse to Apple’s business interests; and (II) reasonably mark or designate the Ad Content as advertising or promotional material consistent with applicable laws, regulations, or industry practices. You also understand and agree that some Ad Content, Content Providers or materials owned by the Content Provider, or advertiser products and/or services may not be eligible for promotion using the Services. The fact that Apple has not rejected, removed, or cancelled any Ad Content shall not in any way waive, reduce, limit, or otherwise affect Your responsibilities and obligations under these Terms of Service.

f. Limited License to Ad Content. You hereby grant to Apple a non-exclusive, royalty-free, worldwide, fully paid license to store, use, reproduce, and display the Ad Content (which shall be deemed to include all content, including text, audio, video, images, deliverables, digital files, web pages, trademarks, brand features, or any other intellectual property contained therein or accessible therefrom) for purposes of delivering the Services and as expressly permitted hereunder.

g. Content Provider Warranty. You represent and warrant that: (I) You have full power to enter into and carry out Your obligations under these Terms of Service, and upon Apple’s request, You shall immediately demonstrate such power and/or authorization to Apple’s satisfaction, and understand and acknowledge that Your failure to do so will be deemed a material breach of these Terms of Service; (II) Your acts and practices in accessing or using the Services shall comply with all applicable legal and regulatory requirements of the jurisdiction(s) in which You reside or are located or to which You are subject, and of each jurisdiction in which Your Campaigns or Ad Content are displayed; (III) as between You and Apple, You are solely responsible and liable for Your Ad Content and Advertiser Data; (IV) You hold the necessary rights, authorizations, and consents to permit all uses of the Ad Content, including by Apple, specified hereunder; (V) You hold all necessary rights, permissions, and consents to use the Advertiser Data and to permit all uses of the Advertiser Data by Apple as part of the Services and have bound to these Terms of Service third parties, if any, for which You advertise in connection with these Terms of Service; (VI) You have complied with all applicable laws, regulations, and applicable guidelines in connection with the collection and use (including transfer) of the Advertiser Data; (VII) You will remove any Advertiser Data if and to the extent You no longer have all necessary rights, permissions, or consents to use such data; (VIII) You shall not, and shall not authorize any party to, generate automated, fraudulent or otherwise invalid clicks, impressions or other actions; (IX) You will not knowingly breach or circumvent any program security measure; (X) Your Ad Content shall fully comply with all applicable legal and regulatory requirements of each jurisdiction in which it is displayed through Your use of the Services, including but not limited to Your possession of all applicable licenses, registrations, or other forms of permission or consent to advertise, market, sell, or distribute the subject matter of the Ad Content in each such jurisdiction; (XI) none of the Advertiser Data or Ad Content or the use thereof will: (A) infringe on any third party’s copyright, patent, trademark, trade secret or any other intellectual property or proprietary rights; (B) violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; (C) be defamatory or trade libelous; (D) be pornographic or obscene; or (E) contain malware, spyware, viruses, Trojan horses, worms, time bombs, ransomware or other similar harmful or deleterious programming routines; and (XII) You have obtained all applicable approvals, licenses and permits required for the Ad Content and advertiser products and/or services and shall be responsible for maintaining such approvals, licenses and permits in full force and effect during the term of these Terms of Service.

g. Content Provider Representations, Warranties, and Covenants. You represent, warrant, and agree that: (I) You have full power to enter into and carry out Your obligations under these Terms of Service, and upon Apple’s request, You can and shall immediately demonstrate such power and/or authorization to Apple’s satisfaction, and understand and acknowledge that Your failure to do so will be deemed a material breach of these Terms of Service; (II) Your acts and practices in accessing or using the Services, Your Ad Content, and Advertiser Data, are and shall remain in full compliance with all applicable legal and regulatory requirements, including those of the jurisdiction(s) in which You reside or are located or to which You are subject, and those of each jurisdiction in which Your Campaigns or Ad Content are displayed; (III) AS BETWEEN YOU AND APPLE, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR AD CONTENT, ADVERTISER DATA, AND TARGETING; (IV) You hold the necessary rights, authorizations, permissions, and consents to permit all uses of the Ad Content and Advertiser Data in connection with the Services and to permit all uses of Ad Content and Advertiser Data by Apple as part of providing the Services; (V) You can and shall remove any Ad Content or Advertiser Data if and to the extent You no longer have all necessary rights, authorizations, permissions, or consents to use such Ad Content or Advertiser Data; (VI) You shall not, and shall not authorize any party to, generate automated, fraudulent or otherwise invalid clicks, impressions or other actions; (VII) You will not knowingly breach or circumvent any program security measure; (VIII) YOUR SELECTIONS AND DECISIONS RELATING TO TARGETING SHALL FULLY COMPLY WITH ALL APPLICABLE LEGAL AND REGULATORY REQUIREMENTS, INCLUDING ANY REQUIREMENTS AND RESTRICTIONS RELATING TO THE SELECTION, IMPLEMENTATION, OR USE OF KEYWORDS OF THE JURISDICTION(S) IN WHICH YOU RESIDE OR ARE LOCATED OR TO WHICH YOU ARE SUBJECT, AND OF EACH JURISDICTION IN WHICH YOUR CAMPAIGNS OR AD CONTENT ARE DISPLAYED; (IX) none of the Advertiser Data or Ad Content or the use thereof does or will: (A) infringe on any third party’s copyright, patent, trademark, trade secret or any other intellectual property or proprietary rights; (B) violate any law, statute, ordinance or regulation, including, without limitation, the laws and regulations governing export control; (C) be defamatory or trade libelous; (D) be pornographic or obscene; or (E) contain malware, spyware, viruses, Trojan horses, worms, time bombs, ransomware or other similar harmful or deleterious programming routines; (X) You have obtained all applicable approvals, licenses and permits required for the Ad Content and advertiser products and/or services and shall be responsible for maintaining such approvals, licenses and permits in full force and effect during the term of these Terms of Service; and (XI) if You use or implement the Services on behalf of a third party (for example, as an agent or vendor), You are and shall be lawfully authorized to act on behalf of each such third party in that capacity, You will have bound each such third party to these Terms of Service, and if for any reason You have not bound any such third party to these Terms of Service, You will be liable for performing any obligation each such third party would have had under these Terms of Service.

h. Apple Warranty. Apple represents and warrants that: (I) it has full power to enter into and carry out its obligations under these Terms of Service; and (II) the Services shall be completed in a professional manner. Unless otherwise stated, Your sole remedy for any breach of the foregoing warranties is set forth in Section 9(g) of these Terms of Services.

i. Marketing Permission. You agree that Apple may send You marketing communications regarding the Services. Apple may request, and You agree to not unreasonably deny, permission to use the Ad Content, including all trademarks and logos included in the Ad Content, for promotional purposes in Apple marketing materials. Apple must approve in writing any press release or announcement that refers or relates to these Terms of Service, the Ad Content, or Your relationship with Apple.

j. Apple Marks. You shall not use Apple’s trademarks, service marks, trade names, logos, or other commercial or product designations for any purpose without first obtaining Apple’s prior written consent. All other rights in relation to the trademarks (including statutory rights) are expressly excluded to the extent permitted by law.

k. Reporting Metrics. You acknowledge that reporting metrics provided by Apple (the “Reporting Metrics”) are the definite and binding measurements of Apple’s performance on delivery of the Services, and that no other reporting metrics, third party or otherwise, shall be permitted in connection with the Services. Apple makes no guarantees with respect to Reporting Metrics of any kind, including, without limitation, impressions, conversions, and taps, in connection with the Services.

l. Data Use. Apple will have the right to collect and use ad conversion data and any user related activity in connection with the Services. This data is used for tracking, reporting, and enhancing the Services. All data collected by Apple in connection with the Services will be processed and used in accordance with its publicly posted Privacy Policy, available at www.apple.com/privacy. You agree that You will not track any individual user in connection with the Services.

l. Data Use. Apple will have the right to collect and use ad conversion data and any user related activity in connection with the Services. This data is used for analyzing, reporting, and enhancing the Services. All data collected by Apple in connection with the Services will be processed and used in accordance with its publicly posted Privacy Policy, available at apple.com/privacy.

m. Compliance with Specifications, Content Guidelines and Policy Guidelines. You agree to comply with the specifications provided by Apple in connection with the Services, including, without limitation, technical specifications and policy and content guidelines, which are accessible at searchads.apple.com/policies (each as may be amended from time to time by Apple) and which You agree to visit and review regularly. You are solely responsible for the proper content, format, functioning, and keeping up-to-date Ad Content submitted by You or otherwise used in connection with the Services. You acknowledge that changes made to Your App Store submission (e.g., price, description, etc.) may impact your Ad Content and that such changes in the App Store can take up to sixteen (16) hours to be reflected in Search Ads. You are responsible for all costs and expenses incurred in connection with development and certification of Your Ad Content.

m. Compliance with Specifications, Content Guidelines and Policy Guidelines. You agree to comply with the specifications provided by Apple in connection with the Services, including, without limitation, technical specifications and policy and content guidelines, which are accessible at searchads.apple.com/policies and/or ads.apple.com/cn/policies (each as may be amended from time to time by Apple) and which You agree to visit and review regularly. You are solely responsible for the proper content, format, functioning, and keeping up-to-date Ad Content submitted by You or otherwise used in connection with the Services. You acknowledge that changes made to Your App Store submission (e.g., price, description, etc.) may impact your Ad Content and that such changes in the App Store can take up to sixteen (16) hours to be reflected in the Services. You are responsible for all costs and expenses incurred in connection with development and certification of Your Ad Content.

n. Relationship of the Parties. These Terms of Service create an independent contractor relationship between You and Apple. No employment relationship, partnership, or joint venture is created by these Terms of Service, and neither Apple nor You shall hold itself out as the agent of the other, except as set forth in these Terms of Service.

o. Confidentiality. You agree that the details of Your business relationship with Apple, Apple’s provision of, and the results from the use of, the Services, and all discussions related thereto will be considered confidential information (“Confidential Information”). In addition, any nonpublic information which one party (“Discloser”) discloses to the other party (“Recipient”) in the course of their communications solely regarding the Services set forth in these Terms of Service will be considered Confidential Information, including, without limitation, Apple intellectual property, including code, tools, and technology used in connection with the Services, the Properties and the Services (the “Apple IP”), Reporting Metrics, nonpublic product plans, marketing plans, whether such information is clearly designated as “Confidential” in writing, or at the time of disclosure, if disclosed orally or visually, a reasonable person would understand the information to be confidential. Notwithstanding the foregoing, Confidential Information shall not include information that: (I) is now or subsequently becomes generally available to the public through no fault or breach on the part of the Recipient; (II) Recipient can demonstrate to have had rightfully in its possession prior to disclosure to Recipient by Discloser; (III) is independently developed by Recipient without use of any Confidential Information; and (IV) Recipient rightfully obtains from a third party who has the right to transfer or disclose it to Recipient without limitation. In addition, Confidential Information shall not include any free and open source software (“FOSS”) included in the Services and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such FOSS. Nothing in these Terms of Service will obligate either party to disclose any Confidential Information.

p. Obligations Regarding Confidential Information. Recipient agrees to protect Discloser’s Confidential Information, using at least the same degree of care that it uses to protect its own confidential and proprietary information of similar importance, but no less than a reasonable degree of care. Recipient agrees to use Discloser’s Confidential Information for the sole purpose of fulfilling its obligations under these Terms of Service and under no circumstances for its own or any third party’s benefit. Recipient will not disclose, publish or disseminate Confidential Information to anyone other than those employees and consultants who have a need to know in order to accomplish such purpose and who are bound by these Terms of Service, which prohibits unauthorized disclosure or use of Confidential Information. Recipient will be responsible for any violation of the terms of this section by its employees or consultants. Recipient may disclose Confidential Information to the extent required by law, provided Recipient makes reasonable efforts to give Discloser notice of such requirement prior to such disclosure and takes reasonable steps to obtain protective treatment of the Confidential Information.

p. Obligations Regarding Confidential Information. Recipient agrees to protect Discloser’s Confidential Information, using at least the same degree of care that it uses to protect its own confidential and proprietary information of similar importance, but no less than a reasonable degree of care. Recipient agrees to use Discloser’s Confidential Information for the sole purpose of fulfilling its obligations under these Terms of Service and under no circumstances for its own or any third party’s benefit. Recipient will not disclose, publish or disseminate Confidential Information to anyone other than those employees and consultants who have a need to know in order to accomplish such purpose and who are bound by these Terms of Service, which prohibits unauthorized disclosure or use of Confidential Information. Recipient will be responsible for any violation of the terms of this Section by its employees or consultants. Recipient may disclose Confidential Information to the extent required by law, provided Recipient makes reasonable efforts to give Discloser notice of such requirement prior to such disclosure and takes reasonable steps to obtain protective treatment of the Confidential Information.

q. Ownership. Unless otherwise specified herein, Content Provider retains all right, title and interest, including all intellectual property rights, in any Ad Content submitted by You, provided that the Ad Content does not incorporate any Apple Confidential Information or Apple IP. Apple retains all right, title and interest in: (I) the Apple IP; and (II) all analyses, reports, data, and other information developed by Apple relating to use of the Services, whether or not disclosed to Content Providers.

r. Personal Data Privacy and Security.

To the extent any feature or functionality of the Services allows You to collect personally identifiable information (“Personal Data”), You acknowledge and agree that:

If at any time You determine that any feature or functionality of the Services allows You to collect personally identifiable information (“Personal Data”), You shall: (I) notify Apple immediately in writing; (II) maintain strict confidentiality and security measures to protect the Personal Data; (III) not disclose any Personal Data to any other party; (IV) notify Apple immediately if there is any potential or actual breach of security involving the Personal Data; (V) comply with all applicable laws, regulations, and international accords or treaties pertaining to Personal Data, including as applicable to transfers of Personal Data from the European Economic Area or Switzerland to a jurisdiction which the European Commission or, where relevant, the Swiss Federal Data Protection and Information Commissioner, have not determined as ensuring an adequate level of protection of Personal Data.

Consistent with Apple’s policy on tracking, You agree that in connection with the Services, You will not, and will not attempt to, access, use, or otherwise process any information that can be used to track any individual or device, except with the user’s explicit permission by means of the App Tracking Transparency APIs. Tracking is defined by Apple’s policies and guidelines, including at https://developer.apple.com/app-store/user-privacy-and-data-use.

Responsible Party shall maintain reasonable operating standards and security procedures, and shall use commercially reasonable efforts to secure Personal Data and ensure that it is protected against: (A) loss; (B) unauthorized access, use, modification, or disclosure; and (C) other misuse. Responsible Party shall at all times comply with all applicable laws, regulations, and international accords and treaties, including, without limitation, all applicable privacy and data collection laws and regulations with respect to any collection, use, and/or transmission of Personal Data. Failure by Responsible Party to continue to post a privacy policy, non-adherence to its own privacy policy, or any other violation of this section is grounds for immediate cancellation of the Campaign by Apple. Responsible Party shall provide reasonable assistance and support to Apple in the event of an investigation by Apple or a data protection regulator or similar authority relating to the collection, maintenance, use, processing, or transfer of Personal Data under these Terms of Service. In the event that Responsible Party is unable to comply with the obligations stated in this section, You or Responsible Party shall promptly notify Apple, and Apple may suspend the transfer of Personal Data to Responsible Party or require Responsible Party to cease processing Personal Data.

7. Payment for Services.

a. As consideration for the Ser

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Texte d'origine

Open file

Apple Search Ads
Terms of Service
Effective Date: April 26, 2020
THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN THE ENTITY EXECUTING THESE TERMS OF SERVICE, AS IDENTIFIED IN THE LEGAL ENTITY NAME FIELD IN YOUR ACCOUNT, OR AN AUTHORIZED REPRESENTATIVE, INCLUDING EMPLOYEES, AGENTS, ASSIGNS, NOMINEES, CONSULTANTS AND CONTRACTORS (INDIVIDUALLY OR COLLECTIVELY A “CONTENT PROVIDER” OR “YOU”), AND APPLE, GOVERNING THE USE OF APPLE SEARCH ADS AND RELATED ADVERTISING PROGRAMS, PRODUCTS, AND SERVICES OFFERED PURSUANT TO THESE TERMS OF SERVICE (THE “SERVICES”).

In consideration of the foregoing and of the mutual promises and covenants set forth herein, You and Apple (collectively, the “Parties”) agree as follows:

6. Advertising Services.

r. Personal Data Privacy and Security.

To the extent any feature or functionality of the Services allows You to collect personally identifiable information (“Personal Data”), You acknowledge and agree that:

You may collect Personal Data only if (A) You notify users of the entity on whose behalf the Personal Data is collected (the “Responsible Party”), (B) You obtain a user’s consent to the collection, use, disclosure, transfer and processing of Personal Data in compliance with the method (if any) required under applicable privacy or data protection laws before such Personal Data is collected and such collection complies with applicable privacy or data protection laws, (C) You have bound the Responsible Party to these Terms of Service, (D) the Responsible Party maintains a lawful, publicly posted privacy policy, and (E) such privacy policy is accessible from the point of collection of the Personal Data in the Ad Content. Personal Data is the property of the Responsible Party, and is considered Confidential Information.
Responsible Party shall maintain reasonable operating standards and security procedures, and shall use commercially reasonable efforts to secure Personal Data and ensure that it is protected against: (A) loss; (B) unauthorized access, use, modification, or disclosure; and (C) other misuse. Responsible Party shall at all times comply with all applicable laws, regulations, and international accords and treaties, including, without limitation, all applicable privacy and data collection laws and regulations with respect to any collection, use, and/or transmission of Personal Data. Failure by Responsible Party to continue to post a privacy policy, non-adherence to its own privacy policy, or any other violation of this section is grounds for immediate cancellation of the Campaign by Apple. Responsible Party shall provide reasonable assistance and support to Apple in the event of an investigation by Apple or a data protection regulator or similar authority relating to the collection, maintenance, use, processing, or transfer of Personal Data under these Terms of Service. In the event that Responsible Party is unable to comply with the obligations stated in this section, You or Responsible Party shall promptly notify Apple, and Apple may suspend the transfer of Personal Data to Responsible Party or require Responsible Party to cease processing Personal Data.
7. Payment for Services.

b. All payment and reporting related to the Services will be denominated in the currency that You select within the applicable Services platform (e.g., Your Search Ads account webpage). However, Apple will support only one currency per Search Ads account regardless of the location where such Services are provided. You acknowledge and agree that Apple may not be able to make available for invoicing or payment a currency that You prefer or use in the ordinary course of Your business, or a currency that is available in or mandated by the jurisdiction in which You reside or are located or to which You are subject. You expressly agree to and confirm Your ability to transact lawfully with Apple under these Terms of Service pursuant to Your applicable jurisdiction’s requirements and restrictions relating to currencies and payments, including those relating to payment transfers (including cross-border payment transfers), credit card payments, and payments on extensions of credit, using the currency or currencies Apple makes available to You.

c. Your use of the Services requires the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS, AND THAT YOU ARE AUTHORIZED TO ENTER INTO SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON OR USING THE SERVICES. Apple reserves the right to close Your Account or, unless otherwise prohibited by the Other Agreements, any other Apple account and require an alternative form of payment if a payment method is fraudulently obtained or used in connection with the Services. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility.

d. You acknowledge and agree that, unless otherwise specified herein: (I) Apple Inc., Apple Canada Inc., iTunes K.K., Apple Pty Limited, and ADI are each authorized to provide the Services to You depending on the location where Your Ad Content is served using the Services; (II) Apple Inc., Apple Canada Inc., iTunes K.K., and Apple Pty Limited have each designated ADI with the authority to collect payments on their behalf for the Services provided and invoiced by each of them; (III) ADI is authorized to and may collect payment from You on behalf of itself and Apple Inc., Apple Canada Inc., iTunes K.K., and Apple Pty Limited; (IV) invoices or other forms of billing for the Services issued by one or more of the five Apple entities referenced herein may direct You to submit payments to only ADI; and (V) You shall make all such payments to ADI as the designated payee.

e. Taxes. Apple may invoice You for any applicable taxes, levies, duties, costs, charges, deductions, or any charges of equivalent effect, as imposed by any tax authority on or in respect of the Services provided by Apple to You under these Terms of Service, including, without limitation, sales tax, use tax, value added tax (“VAT”), goods and services tax (“GST”), and consumption tax. Apple shall determine, collect, and remit such applicable taxes to the competent tax authorities, and You agree to pay such taxes as invoiced by Apple. In the event that any tax authority imposes any tax compliance responsibility on You including, without limitation, reverse charge accounting, self accounting, and reporting, You shall take full responsibility for such compliance obligations. Notwithstanding the foregoing, and in addition to any requests or requirements communicated by Apple from time to time:

In the event that any amount payable by You to Apple under these Terms of Service is subject to any applicable withholding or similar taxes imposed by any tax authority (“Withholding Tax”) and that You are required to collect and remit such Withholding Tax, You agree that the full amount of such tax shall be solely for Your account and shall not reduce the amount payable to Apple. You shall gross up the relevant payment, so that after You deduct and remit the applicable Withholding Tax, You shall pay and Apple shall receive the same amount as originally invoiced. You shall bear full responsibility for such compliance obligations.
If You are a resident of Australia, it is a condition of these Terms of Service and You represent that You have a valid Australian Business Number (“ABN”) and are registered for GST in Australia. You will provide Apple with satisfactory evidence of Your ABN. You warrant that You will notify Apple if You cease to hold a valid ABN or cease to be registered for GST.
If You are a resident of India, it is a condition of these Terms of Service and You represent that You are registered for GST in India and the Services being procured are directly relating to and effectively connected with the business for which Your GST registration is in place. You will provide Apple with satisfactory evidence of Your India GST registration. You warrant that You will notify Apple immediately if You cease to hold a valid GST registration in India. Any withholding taxes or other taxes (including, but not limited to, equalization levy) shall be on Your account, and shall not reduce the amount payable to Apple under these Terms of Service.
If You have Your principal or headquarters office located in Japan, You agree to reverse charge any Japanese consumption tax that is payable on the Services under these Terms of Service, except where the Services are provided to You by iTunes K.K. For avoidance of doubt, where the Services are provided to You by iTunes K.K., iTunes K.K. shall invoice You any applicable Japanese consumption tax on the Services and You agree to pay such Japanese consumption tax.
If You are a resident of New Zealand, it is a condition of these Terms of Service and You represent that You have a valid New Zealand Business Number and are registered for GST in New Zealand. You will provide Apple with satisfactory evidence of Your New Zealand Business Number and/or New Zealand GST registration. You warrant that You will notify Apple if You cease to be registered for New Zealand GST.
If You are a resident of Taiwan, it is a condition of these Terms of Service and You represent that You are an Enterprise Customer and have a valid VAT ID (i.e., Taiwan Unified Business Number). You will provide Apple with satisfactory evidence of VAT ID. You warrant that You will notify Apple if You cease to hold a valid VAT ID or cease to be considered an Enterprise Customer.
If You are a resident of Colombia, it is a condition of these Terms of Service and You represent that You are a business customer registered for VAT (Impuesto Sobre Las Ventas (IVA)) in Colombia and have a valid NIT (i.e., Número De Identificación Tributaria). Upon request by Apple, You will promptly provide Apple with satisfactory evidence of NIT. You represent and warrant that You will immediately notify Apple if You cease to hold a valid NIT or cease to be registered for Colombian VAT. You shall be fully responsible for submitting any applicable Colombian VAT and other related VAT formal duties.
If You are a resident of Hungary, ADI hereby declares that if it meets the relevant provisions and threshold requirements as set out in Act XXII of 2014 on Advertising Tax, it will comply with any tax reporting and payment obligations as appropriate.
If You are a resident of the Republic of Korea, you represent, warrant, and agree that (1) You hold a valid Business Registration Number or Registration Number with NTS (National Tax Service) (collectively “Korean Tax ID”) and the relevant certificate or other evidence for such Korean Tax ID; (2) You will timely provide Apple with Your Korean Tax ID and, upon request by Apple, the relevant certificate or other evidence for such Korean Tax ID; and (3) You will immediately notify Apple if You cease to hold a valid Korean Tax ID.
If You are a resident of Turkey, any withholding taxes or other taxes (including but not limited to tax withheld or levied on advertising services per Presidential Decree numbered 476) shall be on Your Account, and shall not reduce the amount payable to Apple under these Terms of Service. If Apple is required by relevant tax authorities to pay any such unpaid tax amounts, You shall promptly reimburse Apple the applicable taxes, interest, penalty, and also the cost of litigation as the case may be, upon Apple’s request.
f. You agree to notify Apple via email of any invoice dispute within thirty (30) days from the date of receipt of the invoice (the “Invoice Dispute Period”). Invoice disputes shall be emailed to searchads-billing-inquiries@group.apple.com and shall include detailed reason(s) for the dispute. To the fullest extent permitted by law, you waive all claims relating to the Services and fees unless claimed or asserted within the Invoice Dispute Period. For the avoidance of doubt, if you fail to dispute an invoice within the Invoice Dispute Period, you acknowledge that the invoice will be considered payable in full and “as is.” In the event that you contract with a third party to process invoices on Your behalf, you will use commercially reasonable efforts to provide such third party the requisite information and/or authorization to facilitate timely payment to Apple. Furthermore, you agree that your obligation to make timely payments and/or to notify Apple of invoice disputes in a timely manner will neither be lessened nor excused due to the actions of such third party.

g. To the fullest extent permitted by law, You waive all claims relating to the Services and fees unless claimed or asserted within sixty (60) days after the completion of the Campaign associated with such Services or fees.

h. You acknowledge and agree that fees are based solely on the Reporting Metrics associated with a Campaign. To the fullest extent permitted by law, refunds (if any) are at Apple’s sole discretion, and only in accordance with Section 9(g) of these Terms of Service.

i. At Apple’s option and discretion, Apple may elect to offer or may extend to You credit relating to the Services subject to the following terms and conditions:

Payment terms for all amounts due to Apple will be due forty five (45) days from the date of Apple’s invoice, except as may otherwise be required by Apple in writing. Overdue amounts will be subject to an additional interest charge computed daily for each day that the payment is late at an interest rate of one percent (1%) per month or the highest rate permitted by law, whichever is less. If payment is required to be made on a basis other than forty five (45) days from the date of Apple’s invoice, then such modified terms will become the ordinary course of business and dealing between You and Apple.
The line of credit will limit the aggregate amount of credit that may be extended at any time to You under these Terms of Service, any other agreement between You and Apple, or for any other sales or extensions of credit of any kind by Apple to You.
Apple may extend, revise, or revoke credit to You at Apple’s discretion for any reason at any time, with or without notice to you. In addition to any other remedies set forth in these Terms of Service, Apple may, without notice, take remedial action, including but not limited to suspending or terminating Your Campaign(s) and/or Your Account(s) whenever the outstanding balance owed by You to Apple exceeds the line of credit.
As a condition for receiving or continuing to receive credit, You may be required to submit a credit application provided by Apple and provide to Apple: (1) financial information, statements, and reports, such as balance sheets, cash flow and profit and loss statements, as well as auditors’ report and notes to financials, if available, and any other such information or material that is routinely provided to any other vendor, lender, or creditor to support extensions of credit; and (2) such other financial information as may be reasonably requested by Apple. You further acknowledge and agree that in considering You for an extension or continuation of credit, Apple may review Your creditworthiness, including through third party services.
j. Invoices shall be based on actual delivery during a calendar month billing cycle and the number of invoices may vary per Campaign. For the avoidance of doubt, Apple shall generate invoices using Apple’s Reporting Metrics as the sole binding measurement of Apple’s performance on delivery of any Services governed hereunder.

k. In the event that You fail to make timely payment or otherwise breach these Terms of Service or any warranties set forth herein, You will be responsible for all expenses (including attorneys’ fees and costs) incurred by Apple in collecting such amounts. Without prejudice to Apple’s rights of termination, suspension, or modification under Section 13, in the event that You breach these Terms of Service, including by failure to comply with any payment or credit terms and conditions, Apple reserves the right to immediately: (I) terminate or suspend performance of its obligations under these Terms of Service, (II) terminate, suspend, modify, or restrict Your access to the Services, and/or (III) declare all sums owed to Apple immediately due and payable.

l. You acknowledge and agree that any payment method information that You provide to Apple may be shared by Apple with companies who work on Apple’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Apple, and servicing Your account. You agree that Apple has the right, without liability to You, to disclose any payment method information to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service (including, without limitation, Apple’s right to cooperate with any legal process relating to Your use of the Services and/or a third-party claim that Your use of the Services is unlawful and/or infringes such third party’s rights).

8. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Services contain proprietary information and material that is owned by Apple and/or its licensors, and is protected by applicable intellectual property and other laws, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms of Service. Except as expressly set forth herein, and except to the extent that applicable laws prevent Apple restraining You from doing so, no portion of the Services may be reproduced in any form or by any means.

b. Copyrights. All copyrights in and to the Services are owned by Apple and/or its licensors.

c. Trademarks. Apple, the Apple logo, App Store, iTunes, Search Ads, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

9. Disclaimer of Warranties; Limitation of Liability.

a. YOU MAY HAVE NON-EXCLUDABLE RIGHTS OR REMEDIES UNDER LAWS IN YOUR JURISDICTION. NOTHING IN THESE TERMS OF SERVICE ARE INTENDED TO OR HAS THE EFFECT OF LIMITING, MODIFYING, OR EXCLUDING ANY LIABILITY WHICH CANNOT BE SO LIMITED, MODIFIED OR EXCLUDED BY LAW. ANY AND ALL LIMITATIONS OR EXCLUSIONS OF APPLE’S LIABILITY IN THESE TERMS OF SERVICE SHALL APPLY ONLY TO THE MAXIMUM EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW.

b. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER THE SERVICES IN THEIR ENTIRETY OR IN PART, AT ANY TIME, WHERE NECESSARY TO PROTECT APPLE’S INTERESTS, BUT FOR THE AVOIDANCE OF DOUBT, THE LIABILITY AND REMEDIES PROVIDED UNDER 9(G) BELOW MAY BE APPLICABLE.

c. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE SERVICES OR YOUR PARTICULAR AD CONTENT IS AVAILABLE IN ALL LOCATIONS, AND, TO THE EXTENT THAT IT IS AVAILABLE, THAT ALL LANGUAGES USED IN SUCH LOCATIONS WILL BE AVAILABLE, AND APPLE MAKES NO REPRESENTATION THAT THE SERVICES OR YOUR AD CONTENT IS APPROPRIATE OR PERMISSIBLE FOR YOUR USE IN A PARTICULAR LOCATION.

d. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT PRICING FOR THE SERVICES MAY BE BASED IN WHOLE OR IN PART ON AN AUCTION MODEL, WHICH MAY VARY BASED ON NUMEROUS FACTORS, INCLUDING, WITHOUT LIMITATION, PROPRIETARY ALGORITHMS USED BY APPLE.

e. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES (WHETHER BASED ON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY PRODUCT OR SERVICE, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED UNDER APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR PAYABLE TO APPLE UNDER THESE TERMS OF SERVICE.

f. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM NETWORK FAILURES, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.

g. IN THE EVENT APPLE FAILS TO DELIVER YOUR CAMPAIGN IN ANY RESPECT, THE SOLE LIABILITY OF APPLE TO YOU AND YOUR SOLE REMEDY SHALL BE LIMITED TO EXTENSION OF THE CAMPAIGN UNTIL THE CONTRACTED METRICS ARE DELIVERED OR COMPENSATION UP TO A MAXIMUM OF 100% OF THE FEES ACTUALLY PAID OR PAYABLE TO APPLE UNDER THESE TERMS OF SERVICE. NOTWITHSTANDING THE ABOVE, APPLE CANNOT ASSURE THAT ANY AUCTION-BASED ADS WILL BE DELIVERED.

10. Indemnity. BY USING THE SERVICES, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE, ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREIN, OR YOUR OTHER IMPROPER, UNAUTHORIZED, OR UNLAWFUL USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY ALLEGATION THAT ANY AD CONTENT OR ADVERTISER DATA DISPLAYED ON OR THROUGH OR DELIVERED TO A PROPERTY (I) MISAPPROPRIATED, VIOLATED, OR INFRINGED ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MASK WORK, OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (II) DEFAMED, OR BREACHED THE CONFIDENTIALITY OR VIOLATED THE PRIVACY OF ANOTHER; (III) CONSTITUTED FALSE, DECEPTIVE, UNFAIR, ABUSIVE ACTS OR PRACTICES, INCLUDING RELATING TO ADVERTISING OR SALES; OR (IV) FAILED TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION.

11. Notices. Apple may send You notice with respect to the Services by sending an email message to the email address listed in Your Account contact information, by sending a letter via postal mail to the contact address listed in Your Account contact information, or by posting a notification on the relevant Services platform (e.g., the Search Ads website). Apple’s email notices to You shall become effective immediately upon Apple’s sending of the email transmission to You, irrespective of the timing of Your receipt. Apple’s mail notices to You shall become effective (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, or (c) five business days after having been sent by first class or certified mail, postage prepaid. A copy of such email and mail notices shall also be provided to Your primary contact for the Services, if any. You agree to regularly check Your email address and Your mailing address for notices from Apple to You, and to immediately notify Apple if You no longer have access to the email address or the mailing address listed in Your Account contact information. Apple’s notices by posting a notification on the relevant Services platform shall become effective immediately. All notices to Apple relating to these Terms of Service will be deemed given (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, or (c) five business days after having been sent by first class or certified mail, postage prepaid, to this Apple address: Apple Advertising Platforms Legal Counsel, Apple Inc., One Apple Park Way, Mail Stop 169-4ISM, Cupertino, CA 95014. A Party may change its email or mailing address by giving the other Party written notice as described above.

12. Modification or Amendment of Terms of Service. Apple reserves the right, at its discretion, to modify or amend these Terms of Service at any time. Upon such modification, the modified Terms of Service shall be available at searchads.apple.com/terms-of-service, or at another accessible location as notified by Apple, and shall become effective upon notice to You in accordance with Section 11 above, or at a later time as specified in such notice. You agree to regularly visit searchads.apple.com/terms-of-service, or another accessible location as notified by Apple, and to review the Terms of Service, including for any modifications, which may be indicated by updates to the Effective Date stated at the top of the Terms of Service. You acknowledge and agree that regularly reviewing these Terms of Service for modifications is Your responsibility. If You do not agree to any modification to the Terms of Service, You shall immediately stop all access to and use of the Services. Your continued use of the Services after any modification to the Terms of Service shall be deemed as Your acceptance of the Terms of Service as modified.

13. Termination. Either Party, in its sole discretion, may terminate these Terms of Service at any time upon notice without cause; provided, however, that any continued use of the Services by Content Provider after such notice of termination will be subject to the then-current Terms of Service. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in these Terms of Service: (a) all rights, licenses, consents, and authorizations granted by either Party to the other hereunder will immediately terminate; (b) You will cease all use of the Services; and (c) all fees owed to Apple under these Terms of Service will become immediately due and payable. The rights and obligations set forth in Section 6(o), Section 6(p), Section 6(r), Section 7(a), Section 7(g), and Sections 8 through 15 will survive the expiration or termination of these Terms of Service. Notwithstanding anything to the contrary in these Terms of Service, Apple may, in its sole discretion, directly or indirectly, immediately and without advance notice suspend, terminate, or otherwise deny Your access to or use of all or any part of the Services. This Section 13 does not limit any of Apple’s other rights or remedies, whether at law, in equity, or under these Terms of Service.

14. Governing Law. You expressly agree that the laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and Your use of the Services, and that the exclusive jurisdiction for any proceeding relating in any way to Your use of the Services will be the Northern District of California. You hereby waive the right to object to the foregoing choice of law, personal jurisdiction, or venue.

15. Miscellaneous. These Terms of Service, including all Attachments thereto, constitute the entire agreement between You and Apple and govern Your use of the Services, superseding all prior agreements between You and Apple. You may not assign these Terms of Service, including, without limitation, by operation of law or merger, without Apple’s prior written approval, and any attempt to assign these Terms of Service without such prior written approval is void. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Apple’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. Apple will not be responsible for failures to fulfill any obligations due to causes beyond its control.

ATTACHMENT 1
(to the Terms of Service)
Additional Terms for France
The following terms are incorporated into the Terms of Service and apply to the use of the Services in connection with Campaigns in France:

Apple and Content Provider hereby agree that the law 93-122 of 29 January 1993, known as “Sapin I”, and law 2016-1691 of 9 December 2016, known as “Sapin II” (collectively, “Sapin Law”) apply to Your use of Search Ads on the France App Store and all other uses of the Services to disseminate Campaigns in France. Accordingly, if You are acting as an Agent, You may not undertake a Campaign on behalf of, or for the benefit of, an advertiser customer (“Advertiser”) on the France App Store (i.e., a Campaign principally received on the French territory) if the Advertiser is a “French Company.” For the purpose of this Attachment 1, You agree that a “French Company” is either registered, established or otherwise located in France. To this end, You are prohibited to act secretly as an Agent or to hide that You are acting as an Agent when using the Services. Pursuant to Section 10 (Indemnity), You will be liable and agree to indemnify and hold Apple, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of Your breach of this Attachment 1.

ATTACHMENT 2
(to the Terms of Service)
Additional Terms for South Korea
The following terms are incorporated into the Terms of Service and apply to Content Providers who reside or are located in the Republic of Korea or are subject to the jurisdiction thereof:

Notwithstanding the above Section 13 (Termination), if You fail to comply with a material provision of these Terms of Service, Apple, upon 10 days’ notice, may: (I) terminate these Terms of Service and/or Your Account, and You will remain liable for all amounts due under Your Account up to and including the date of termination; (II) terminate the license to the software application; and/or (III) preclude access to the Services (or any part thereof), in each case unless such material breach is cured within 10 days.

ATTACHMENT 3
(to the Terms of Service)
Additional Terms for Hungary
The following terms are incorporated into the Terms of Service and apply to Content Providers who reside or are located in Hungary or are subject to the jurisdiction thereof:

Apple expressly draws Your attention to Sections 7(f), 9(e), 9(g), and 13 of the Terms of Service. You hereby confirm that You have reviewed these clauses and that You expressly consent to them, as well as to the entire Terms of Service.

ATTACHMENT 4
(to the Terms of Service)
Additional Terms for Romania
The following terms are incorporated into the Terms of Service and apply to Content Providers who reside or are located in Romania or are subject to the jurisdiction thereof:

You acknowledge and agree that any extension of credit by Apple to You in connection with the Services is an offer of payment terms to enable You to purchase the Services under these Terms of Service, and does not constitute provision of credit facilities or crediting activity under Romanian law (including Law no. 93/2009 on non-financial banking institutions and Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, respectively).

ATTACHMENT 5
(to the Terms of Service)
Additional Terms for Russia
The following terms are incorporated into the Terms of Service and apply to Content Providers who reside or are located in the Russian Federation (“Russia”) or are subject to the jurisdiction thereof:

Services under this Agreement shall be provided to You directly by ADI irrespective of the definition of “Apple” herein or the location of the App Store serving Your Ad Content.

Texte modifié

Open file

Apple Advertising Services
Terms of Service
Effective Date: June 22, 2021
THESE TERMS OF SERVICE (“TERMS OF SERVICE” OR “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT AND ARE ENTERED INTO BETWEEN APPLE AND THE ENTITY AGREEING TO THESE TERMS OF SERVICE OR ITS AUTHORIZED REPRESENTATIVE, INCLUDING EMPLOYEES, AGENTS, ASSIGNS, NOMINEES, CONSULTANTS, AND CONTRACTORS (INDIVIDUALLY OR COLLECTIVELY A “CONTENT PROVIDER” OR “YOU”), GOVERNING ACCESS TO OR THE USE OF THE SERVICES PROVIDED BY APPLE (I) ASSOCIATED WITH THE ACCOUNT CREATED, ACCESSED, OR USED BY YOU IN CONNECTION WITH THESE TERMS OF SERVICE, OR (II) ANY OTHER SERVICES, PROGRAMS, OR PRODUCTS THAT INCORPORATE BY REFERENCE THESE TERMS OF SERVICE (THE “SERVICES”).

In consideration of the foregoing and of the mutual promises and covenants set forth herein, You and Apple (collectively, the “Parties”) agree as follows:

4. Your Information. You agree to provide accurate, current and complete information required to register with Apple for the Services and at other points as may be required in the course of using the Services (“Business User Data”), including, but not limited to, company name, physical address, corporate payment information, relevant tax information (including any tax registration number or certificate, etc.), or other information as requested. You acknowledge and agree that Your use of the Services will require Apple to send email communications to You at the email address that You provide upon registration. You agree that Apple may send to You, whether by email or otherwise, communications, including but not limited to notifications and invoices (or other materials relating billing), in the English language. You hereby confirm Your ability to read and comprehend communications in the English language or Your practicable ability to have communications in the English language translated to a language of Your preference or as mandated by the jurisdiction(s) to which You are subject, at no cost to Apple. You hereby confirm that any Business User Data You already have provided to Apple (including, without limitation, in the App Store application process or through prior use of the Services) has been accurate, current and complete. You further agree to maintain and update Your Business User Data as required to keep it accurate, current, and complete. You understand and acknowledge that failure to provide, update, and maintain accurate, current, and complete information pursuant to these Terms of Service may lead to suspension or termination of Your access to or use of the Services at any time. You acknowledge and agree that Apple may retain in its records Your Business User Data and information relating to Your Business User Data, Your Account, and Your use of the Services as may be required by the laws and regulations of the jurisdiction(s) in which You reside or are located or to which You are subject and of each jurisdiction in which Your Campaigns or Ad Content are displayed, in accordance with Apple’s Privacy Policy, available at apple.com/privacy, and that such retention may persist beyond Your cessation of use of the Services.

6. Advertising Services.

m. Compliance with Specifications, Content Guidelines and Policy Guidelines. You agree to comply with the specifications provided by Apple in connection with the Services, including, without limitation, technical specifications and policy and content guidelines, which are accessible at searchads.apple.com/policies and/or ads.apple.com/cn/policies (each as may be amended from time to time by Apple) and which You agree to visit and review regularly. You are solely responsible for the proper content, format, functioning, and keeping up-to-date Ad Content submitted by You or otherwise used in connection with the Services. You acknowledge that changes made to Your App Store submission (e.g., price, description, etc.) may impact your Ad Content and that such changes in the App Store can take up to sixteen (16) hours to be reflected in the Services. You are responsible for all costs and expenses incurred in connection with development and certification of Your Ad Content.

p. Obligations Regarding Confidential Information. Recipient agrees to protect Discloser’s Confidential Information, using at least the same degree of care that it uses to protect its own confidential and proprietary information of similar importance, but no less than a reasonable degree of care. Recipient agrees to use Discloser’s Confidential Information for the sole purpose of fulfilling its obligations under these Terms of Service and under no circumstances for its own or any third party’s benefit. Recipient will not disclose, publish or disseminate Confidential Information to anyone other than those employees and consultants who have a need to know in order to accomplish such purpose and who are bound by these Terms of Service, which prohibits unauthorized disclosure or use of Confidential Information. Recipient will be responsible for any violation of the terms of this Section by its employees or consultants. Recipient may disclose Confidential Information to the extent required by law, provided Recipient makes reasonable efforts to give Discloser notice of such requirement prior to such disclosure and takes reasonable steps to obtain protective treatment of the Confidential Information.

r. Personal Data Privacy and Security.

7. Payment for Services.

a. As consideration for the Services, You agree to pay Apple, and agree that Apple may charge Your payment method, for the fees for any Campaign that You purchase or implement as set forth in the Services, net of any discounts or promotions offered to You by Apple, and any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with the Services or Your Account. You represent, warrant, and agree that (I) all payment methods associated with Your Account or Your use of the Services, including but not limited to credit card, debit card, bank, e-wallet, and auto-debit accounts shall be validly authorized for such use by You under all applicable laws, (II) if You associate or use a payment method held by Your authorized representative, if required by applicable law, You shall have provided valid authorization to or have entered into a valid agreement with Your representative for such use, including for appropriate reimbursements, and can and shall provide validation of such authorization or agreement upon request, (III) as between the Parties, You are solely responsible for securing, ensuring, and validating the authorizations specified herein, and (IV) irrespective of the payment method used, You bear full responsibility for all payments due in connection with Your Account or Your use of the Services. You are responsible for the timely payment of all fees and for providing Apple with a valid payment method for all fees. You agree that Apple may charge Your payment method at any time after any portion of the Services are actually delivered; provided that if Apple elects to offer or extends You credit, Apple will invoice You based on actual delivery during the applicable invoice period, with payment due net 45 days from the invoice date. Late payments shall bear interest at the rate of one percent (1%) per month or the highest rate permitted by law, whichever is less. Non-late payments shall not bear interest.

b. All payment and reporting related to the Services will be denominated in the currency that You select within the applicable Services platform (e.g., Your account webpage). However, Apple will support only one currency per account regardless of the location where such Services are provided. You acknowledge and agree that Apple may not be able to make available for invoicing or payment a currency that You prefer or use in the ordinary course of Your business, or a currency that is available in or mandated by the jurisdiction in which You reside or are located or to which You are subject. You expressly agree to and confirm Your ability to transact lawfully with Apple under these Terms of Service pursuant to Your applicable jurisdiction’s requirements and restrictions relating to currencies and payments, including those relating to payment transfers (including cross-border payment transfers), credit card payments, and payments on extensions of credit, using the currency or currencies Apple makes available to You.

In the event that any amount payable by You to Apple under these Terms of Service is subject to any applicable withholding or similar taxes imposed by any tax authority (“Withholding Tax”) and that You are required to collect and remit such Withholding Tax, You agree that the full amount of such tax shall be solely for Your account and shall not reduce the amount payable to Apple. You shall gross up the relevant payment, so that after You deduct and remit the applicable Withholding Tax, You shall pay and Apple shall receive the same amount as originally invoiced. You shall bear full responsibility for such compliance obligations.
If You are a resident of Australia, it is a condition of these Terms of Service and You represent that You have a valid Australian Business Number (“ABN”) and are registered for GST in Australia. You will provide Apple with satisfactory evidence of Your ABN. You warrant that You will notify Apple if You cease to hold a valid ABN or cease to be registered for GST.
If You are a resident of India, it is a condition of these Terms of Service and You represent that You are registered for GST in India and the Services being procured are directly relating to and effectively connected with the business for which Your GST registration is in place. You will provide Apple with satisfactory evidence of Your India GST registration. You warrant that You will notify Apple immediately if You cease to hold a valid GST registration in India. Any withholding taxes or other taxes (including, but not limited to, equalization levy) shall be on Your account, and shall not reduce the amount payable to Apple under these Terms of Service.
If You have Your principal or headquarters office located in Japan, You agree to reverse charge any Japanese consumption tax that is payable on the Services under these Terms of Service, except where the Services are provided to You by iTunes K.K. For avoidance of doubt, where the Services are provided to You by iTunes K.K., iTunes K.K. shall invoice You any applicable Japanese consumption tax on the Services and You agree to pay such Japanese consumption tax.
If You are a resident of New Zealand, it is a condition of these Terms of Service and You represent that You have a valid New Zealand Business Number and are registered for GST in New Zealand. You will provide Apple with satisfactory evidence of Your New Zealand Business Number and/or New Zealand GST registration. You warrant that You will notify Apple if You cease to be registered for New Zealand GST.
If You are a resident of Taiwan, it is a condition of these Terms of Service and You represent that You are an Enterprise Customer and have a valid VAT ID (i.e., Taiwan Unified Business Number). You will provide Apple with satisfactory evidence of VAT ID. You warrant that You will notify Apple if You cease to hold a valid VAT ID or cease to be considered an Enterprise Customer.
If You are a resident of Colombia, it is a condition of these Terms of Service and You represent that You are a business customer registered for VAT (Impuesto Sobre Las Ventas (IVA)) in Colombia and have a valid NIT (i.e., Número De Identificación Tributaria). Upon request by Apple, You will promptly provide Apple with satisfactory evidence of NIT. You represent and warrant that You will immediately notify Apple if You cease to hold a valid NIT or cease to be registered for Colombian VAT. You shall be fully responsible for submitting any applicable Colombian VAT and other related VAT formal duties.
If You are a resident of Hungary, ADI hereby declares that if it meets the relevant provisions and threshold requirements as set out in Act XXII of 2014 on Advertising Tax, it will comply with any tax reporting and payment obligations as appropriate.
If You are a resident of the Republic of Korea, You represent, warrant, and agree that (1) You hold a valid Business Registration Number or Registration Number with NTS (National Tax Service) (collectively “Korean Tax ID”) and the relevant certificate or other evidence for such Korean Tax ID; (2) You will timely provide Apple with Your Korean Tax ID and, upon request by Apple, the relevant certificate or other evidence for such Korean Tax ID; and (3) You will immediately notify Apple if You cease to hold a valid Korean Tax ID.
If You are a resident of Turkey, any withholding taxes or other taxes (including but not limited to tax withheld or levied on advertising services per Presidential Decree numbered 476) shall be on Your Account, and shall not reduce the amount payable to Apple under these Terms of Service. If Apple is required by relevant tax authorities to pay any such unpaid tax amounts, You shall promptly reimburse Apple the applicable taxes, interest, penalty, and also the cost of litigation as the case may be, upon Apple’s request.
f. You agree to notify Apple via email of any invoice dispute within thirty (30) days from the date of receipt of the invoice (the “Invoice Dispute Period”). Invoice disputes shall be emailed to searchads-billing-inquiries@group.apple.com and shall include detailed reason(s) for the dispute. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ALL CLAIMS RELATING TO AN INVOICE, INCLUDING THE SERVICES AND FEES REFERENCED THEREIN, UNLESS CLAIMED OR ASSERTED WITHIN THE INVOICE DISPUTE PERIOD. FOR THE AVOIDANCE OF DOUBT, IF YOU FAIL TO DISPUTE AN INVOICE WITHIN THE INVOICE DISPUTE PERIOD, YOU ACKNOWLEDGE THAT THE INVOICE WILL BE CONSIDERED PAYABLE IN FULL AND “AS IS.” In the event that You contract with a third party to process invoices on Your behalf, You will use commercially reasonable efforts to provide such third party the requisite information and/or authorization to facilitate timely payment to Apple. Furthermore, You agree that Your obligation to make timely payments and/or to notify Apple of invoice disputes in a timely manner will neither be lessened nor excused due to the actions of such third party.

g. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ALL CLAIMS RELATING TO THE SERVICES AND FEES UNLESS CLAIMED OR ASSERTED WITHIN SIXTY (60) DAYS AFTER THE COMPLETION OF THE CAMPAIGN ASSOCIATED WITH SUCH SERVICES OR FEES.

i. At Apple’s option and discretion, Apple may elect to offer or may extend to You credit relating to the Services subject to the following terms and conditions:

Payment terms for all amounts due to Apple will be due forty five (45) days from the date of Apple’s invoice, except as may otherwise be required by Apple in writing. Overdue amounts will be subject to an additional interest charge computed daily for each day that the payment is late at an interest rate of one percent (1%) per month or the highest rate permitted by law, whichever is less. If payment is required to be made on a basis other than forty five (45) days from the date of Apple's invoice, then such modified terms will become the ordinary course of business and dealing between You and Apple.
The line of credit will limit the aggregate amount of credit that may be extended at any time to You under these Terms of Service, any other agreement between You and Apple, or for any other sales or extensions of credit of any kind by Apple to You.
Apple may extend, revise, or revoke credit to You at Apple’s discretion for any reason at any time, with or without notice to You. In addition to any other remedies set forth in these Terms of Service, Apple may, without notice, take remedial action, including but not limited to suspending or terminating Your Campaign(s) and/or Your Account(s) whenever the outstanding balance owed by You to Apple exceeds the line of credit.
As a condition for receiving or continuing to receive credit, You may be required to submit a credit application provided by Apple and provide to Apple: (1) financial information, statements, and reports, such as balance sheets, cash flow and profit and loss statements, as well as auditors' report and notes to financials, if available, and any other such information or material that is routinely provided to any other vendor, lender, or creditor to support extensions of credit; and (2) such other financial information as may be reasonably requested by Apple. You further acknowledge and agree that in considering You for an extension or continuation of credit, Apple may review Your creditworthiness, including through third party services.
j. Invoices shall be based on actual delivery during a calendar month billing cycle and the number of invoices may vary per Campaign. For the avoidance of doubt, Apple shall generate invoices using Apple’s Reporting Metrics as the sole binding measurement of Apple’s performance on delivery of any Services governed hereunder.

8. Intellectual Property.

b. Copyrights. All copyrights in and to the Services are owned by Apple and/or its licensors.

c. Trademarks. Apple, the Apple logo, App Store, iTunes, Apple Ads, Apple Search Ads, and other Apple trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Apple Inc. in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

9. Disclaimer of Warranties; Limitation of Liability.

a. YOU MAY HAVE NON-EXCLUDABLE RIGHTS OR REMEDIES UNDER LAWS IN YOUR JURISDICTION. NOTHING IN THESE TERMS OF SERVICE ARE INTENDED TO OR HAS THE EFFECT OF LIMITING, MODIFYING, OR EXCLUDING ANY LIABILITY WHICH CANNOT BE SO LIMITED, MODIFIED OR EXCLUDED BY LAW. ANY AND ALL LIMITATIONS OR EXCLUSIONS OF APPLE'S LIABILITY IN THESE TERMS OF SERVICE SHALL APPLY ONLY TO THE MAXIMUM EXTENT SUCH LIMITATIONS ARE PERMITTED BY LAW.

b. APPLE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME APPLE MAY REMOVE THE SERVICES (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER THE SERVICES IN THEIR ENTIRETY OR IN PART, AT ANY TIME, WHERE NECESSARY TO PROTECT APPLE'S INTERESTS, BUT FOR THE AVOIDANCE OF DOUBT, THE LIABILITY AND REMEDIES PROVIDED UNDER 9(G) BELOW MAY BE APPLICABLE.

d. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT PRICING FOR THE SERVICES MAY BE BASED IN WHOLE OR IN PART ON AN AUCTION MODEL, WHICH MAY VARY BASED ON NUMEROUS FACTORS, INCLUDING, WITHOUT LIMITATION, PROPRIETARY ALGORITHMS USED BY APPLE.

e. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY PRODUCT, SERVICE, FEATURE, OR FUNCTIONALITY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT, SERVICE, FEATURE, OR FUNCTIONALITY MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, OR OTHERWISE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY REMEDY. IN NO EVENT SHALL APPLE’S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED UNDER APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR PAYABLE TO APPLE UNDER THESE TERMS OF SERVICE.

f. APPLE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE FREE FROM NETWORK FAILURES, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND APPLE DISCLAIMS ANY LIABILITY RELATING THERETO.

10. Indemnity. BY USING THE SERVICES, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, LOSSES, LIABILITIES, EXPENSES, COSTS, FEES, OR OTHER TYPES OF DAMAGES ARISING OUT OF OR RELATING TO ANY OF THE FOLLOWING: (A) YOUR BREACH OF THESE TERMS OF SERVICE, INCLUDING ANY REPRESENTATION, WARRANTY, OR COVENANT MADE BY YOU HEREIN; (B) YOUR IMPROPER, UNAUTHORIZED, OR UNLAWFUL USE OF THE SERVICES; (C) ANY CLAIMS THAT YOUR AD CONTENT, ADVERTISER DATA, OR TARGETING USED IN CONNECTION WITH THE SERVICES (I) MISAPPROPRIATED, VIOLATED, OR INFRINGED ANY THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MASK WORK, OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; (II) DEFAMED, OR BREACHED THE CONFIDENTIALITY OR VIOLATED THE PRIVACY OF ANOTHER; (III) CONSTITUTED FALSE, DECEPTIVE, UNFAIR, ABUSIVE ACTS OR PRACTICES, INCLUDING RELATING TO ADVERTISING OR SALES; OR (IV) FAILED TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION.

11. Notices. Apple may send You notice with respect to the Services by sending an email message to the email address listed in Your Account contact information, by sending a letter via postal mail to the contact address listed in Your Account contact information, or by posting a notification on the relevant Services platform (e.g., the website). Apple’s email notices to You shall become effective immediately upon Apple’s sending of the email transmission to You, irrespective of the timing of Your receipt. Apple’s mail notices to You shall become effective (a) when delivered personally, (b) three business days after having been sent by commercial overnight carrier with written proof of delivery, or (c) five business days after having been sent by first class or certified mail, postage prepaid. A copy of such email and mail notices shall also be provided to Your primary contact for the Services, if any. You agree to regularly check Your email address and Your mailing address for notices from Apple to You, and to immediately notify Apple if You no longer have access to the email address or the mailing address listed in Your Account contact information. Apple’s notices by posting a notification on the relevant Services platform shall become effective immediately. Unless otherwise specified herein, all notices to Apple relating to these Terms of Service will be deemed given (x) when delivered personally, (y) three business days after having been sent by commercial overnight carrier with written proof of delivery, or (z) five business days after having been sent by first class or certified mail, postage prepaid, to this Apple address: Apple Inc., Legal (attn: Advertising Platforms Legal), One Apple Park Way, Cupertino, CA 95014, United States. A Party may change its email or mailing address by giving the other Party written notice as described above.

12. Modification or Amendment of Terms of Service. Apple reserves the right, at its discretion, to modify or amend these Terms of Service at any time. Upon such modification, the modified Terms of Service shall be available at searchads.apple.com/terms-of-service and/or ads.apple.com/cn/terms-of-service/english, or at another accessible location as notified by Apple, and shall become effective upon notice to You in accordance with Section 11 above, or at a later time as specified in such notice. You agree to regularly visit searchads.apple.com/terms-of-service and/or ads.apple.com/cn/terms-of-service/english, or another accessible location as notified by Apple, and to review the Terms of Service, including for any modifications, which may be indicated by updates to the Effective Date stated at the top of the Terms of Service. You acknowledge and agree that regularly reviewing these Terms of Service for modifications is Your responsibility. IF YOU DO NOT AGREE TO ANY MODIFICATION TO THE TERMS OF SERVICE, YOU SHALL IMMEDIATELY STOP ALL ACCESS TO AND USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES AFTER ANY MODIFICATION TO THE TERMS OF SERVICE SHALL BE DEEMED AS YOUR ACCEPTANCE OF THE TERMS OF SERVICE AS MODIFIED.

13. Termination. Either Party, in its sole discretion, may terminate these Terms of Service at any time upon notice without cause; provided, however, that any continued use of the Services by Content Provider after such notice of termination will be subject to the then-current Terms of Service. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in these Terms of Service: (a) all rights, licenses, consents, and authorizations granted by either Party to the other hereunder will immediately terminate; (b) You will cease all use of the Services; and (c) all fees owed to Apple under these Terms of Service will become immediately due and payable. THE RIGHTS AND OBLIGATIONS SET FORTH IN SECTION 6(o), SECTION 6(p), SECTION 6(r), SECTION 7(a), SECTION 7(g), AND SECTIONS 8 THROUGH 15 WILL SURVIVE THE EXPIRATION OR TERMINATION OF THESE TERMS OF SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, APPLE MAY, IN ITS SOLE DISCRETION, DIRECTLY OR INDIRECTLY, IMMEDIATELY AND WITHOUT ADVANCE NOTICE SUSPEND, TERMINATE, OR OTHERWISE DENY YOUR ACCESS TO OR USE OF ALL OR ANY PART OF THE SERVICES. This Section 13 does not limit any of Apple’s other rights or remedies, whether at law, in equity, or under these Terms of Service.

14. Governing Law. YOU EXPRESSLY AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA, EXCLUDING ITS CONFLICTS OF LAW RULES, GOVERN THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICES, AND THAT THE EXCLUSIVE JURISDICTION FOR ANY PROCEEDING RELATING IN ANY WAY TO YOUR USE OF THE SERVICES WILL BE THE NORTHERN DISTRICT OF CALIFORNIA. YOU HEREBY WAIVE THE RIGHT TO OBJECT TO THE FOREGOING CHOICE OF LAW, PERSONAL JURISDICTION, OR VENUE.

Apple and Content Provider hereby agree that the law 93-122 of 29 January 1993, known as “Sapin I”, and law 2016-1691 of 9 December 2016, known as “Sapin II” (collectively, “Sapin Law”) apply to Your use of the Services on the France App Store and all other uses of the Services to disseminate Campaigns in France. Accordingly, if You are acting as an Agent, You may not undertake a Campaign on behalf of, or for the benefit of, an advertiser customer (“Advertiser”) on the France App Store (i.e., a Campaign principally received on the French territory) if the Advertiser is a “French Company.” For the purpose of this Attachment 1, You agree that a “French Company” is either registered, established or otherwise located in France. To this end, You are prohibited to act secretly as an Agent or to hide that You are acting as an Agent when using the Services. Pursuant to Section 10 (Indemnity), You will be liable and agree to indemnify and hold Apple, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of Your breach of this Attachment 1.

Services under this Agreement shall be provided to You directly by ADI irrespective of the definition of “Apple” herein or the location of the App Store serving Your Ad Content.

ATTACHMENT 6
(to the Terms of Service)
Additional Terms for Mainland China
The following terms are incorporated into the Terms of Service and apply to Content Providers who reside or are located in mainland China or are subject to the jurisdiction thereof:

You acknowledge and agree that irrespective of the definition of “Apple” herein or the location of the App Store serving Your Ad Content: (i) Your contracting counterparty under this Agreement is Apple Advertising (Beijing) Ltd., located at Room 203-2, Level 2, Building 1, Zone 1, No. 81 Beiqing Road, Haidian District, Beijing; (ii) in connection with the Services, Apple Advertising (Beijing) Ltd. is transacting with You for access to use of the Services; (iii) Apple Advertising (Beijing) Ltd. is authorized to and may invoice You for Your access to and use of the Services and, if so invoiced or otherwise directed, You shall remit Your payments to Apple Advertising (Beijing) Ltd. as instructed; and (iv) in addition to the method(s) of notice to Apple specified in Section 11, You may provide written notice under this Agreement at the address specified in clause (i) above and directed to “Legal Counsel for Apple Advertising (Beijing) Ltd.”