Terms and Conditions

Terms and Conditions (“Terms”)

Our Terms and Conditions were last updated on November 1st, 2023.

Thank you for your willingness to think and grow with ASO index! ASO index is an ASO tool that provides you with rich insight and real-time market trends of app stores and aids you optimize your app through our kin analysis of keywords and various elements of the app market.

Please read the terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Account” means a unique account created for You to access our Service or parts of our Service.
  • “App Data” solely means the data related to apps, such as category rankings, keyword rankings, and search scores, which are used for the proper production of Service; this data does not reflect personal data of any sort.  
  • Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to aix Inc.
  • Country” refers to 27-14, Motoyoyogicho, Shibuya-ku, Tokyo, Japan 151-0062
  • Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • Service” refers to ASO index, an app analysis tool Company provides.
  • Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website” refers to ASO Index, accessible from
  • You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

App Data

Your App Data will be restored on our server from the evening of your register to Service.

App Data of other apps will be provided from the date of your registration; the App Data of such apps prior to your registration date will not be accessed. 

Description of the Services

Our Service is going to be provided to Users only and for the period stated in the “Pricing” page or the “Pricing” section of the front page of the Website.

Our service may include the following features:

1) The standard services (for Users who did not choose to use any subscription plans listed on the “Pricing” page or the “Pricing” section of the front page of the Website) will be provided:

  1. Hosting of Service (Website)
  2.  Management and maintenance of Service
  3. Technical support as stated by “Technical Support” below
  4. Articles, newsletters, and all other editorial content released on Website
2) At Your choice, the subscription plans will provide the features and functions stated on the “Pricing” page or the “Pricing” section of the front page of the Website.

 

You may contact Company to request a tailored service for You, and specific conditions of features and functions may apply.

Company shall constantly modify and improve Services. We will notify Users of any functional changes and modifications to the Services. Company reserves the right to add, change, and delete features on the Platform, without giving rise to any compensation to You.

 

Technical Support

For the duration of this Agreement, Company commits to making all reasonable efforts to remedy any failure of Service that results in a complete stop, error traceback, or security breach, and is not directly caused by a defective use of the Solution by the Client, for example, when Service does not produce the results or performance it was designed to produce (hereinafter a “Technical Failure”), submitted by the Client by e-mail (asoindex@ixinc.io) or by chat.

Company’s technical support for the use of Service includes the provision by e-mail or by chat of technical advice, assistance, and support to the Users on the use and configuration of the Solution every opening day (Japanese calendar) from 09:00 am to 17:00 pm (Japanese Standard Time), and provision of assistance regarding Solution updates.

Other guidance or assistance requests may be covered through the purchase of a specific subscription plan. In case it’s not clear if a request is covered by the Agreement or Plan, the decision is at the discretion of Company.

Both parties acknowledge that as specified in “Limitation of Liability” of this Agreement, Company cannot be held liable for Technical Failures in the Services.

 
Your Right to Post Content

Company only allows certain clients with whom the Company has arrangments to provide the clients the right to post content. Unless You are have obtained such arrangments with the Company, You may not have the right to post Content. If You have the right to post Content, You must be  responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness, and by agreeing with this Terms, you also agree with the following conditions in regardof Content.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

Availability

Company shall make the Services available 24 hours a day, 7 days a week, including bank holidays except for:

1. scheduled maintenance provided that Company has given Users a public communication on its Website
2. Outages or disruptions attributable in whole or in part to a Force Majeure event (as defined in the Agreement)

 

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (asoindex@aixinc.io) and include in Your notice a detailed description of the alleged infringement.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email (asoindex@aixinc.io). Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. Any possible copyright infringement occurred in Korea and Japan will be governed under the applicable law of the respective jurisdiction. 

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, titles, and interests in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

To its best knowledge, Company aims to publish information on the Website and make sure it is up to date; however, Company does not guarantee that the Website or the Services available through it will be provided on an uninterruptible basis or that it or they are appropriate for any particular purpose. Nor does Company guarantee that the Website and the Services are secure or free from error or viruses or that the results obtained by using the Services are accurate, adequate, and reliable, or that potential errors appearing on it, if any, will be corrected.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You in the one month immediately preceding your claim. 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states and countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states and countries, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Force Majeure

Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control. If the period of delay or non-performance continues for more than two months, either Party may terminate this Agreement by giving 15 calendar days’ written notice to the other Party.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Price and Payment

Prices are quoted in US Dollars, and You must pay in that currency. If You do not hold an account in the relevant currency You may pay by debit or credit card and Your card company should exchange the amount charged to US Dollars at the current rate. 

Refunds or credits will not be issued for unused portions of Service whether within a month or year, for upgrades or downgrades, or for periods when the Service was not used.

Trial period: The 10-day trial period is meant for a single paying account and a distinct legal entity. An user may activate a free trial without providing a payment information. Following the trial, you’ll be required to pay the agreed-upon fees for Company’s Services in order to continue the services. Company does not allow refunds for any payment that is made with User’s intention.

Upgrades or downgrades: Any upgrade to a higher-priced plan will be applied and billed immediately, with fees adjusted based on the remaining service period. The new rate will apply from the next billing cycle. For downgrades to lower-priced plans, the change will take effect in the next billing period. Please be aware that downgrading your Service may result in the loss of content, features, or account capacity, and Company is not responsible for such losses.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only VAT for Japanese clients or any clients who are paying from a region which Japanese government requires VAT.

Prices for Services may change, but any price adjustments will only apply to future billing cycles. We will notify you of pricing changes through the contact information you have provided.

 

Your payment information and credit/debit card details, We do not hold any of such information. They are held by third-party payment providers. Your card company may undertake security checks, and Your statutory rights are unaffected by these Terms.

Beta Agreement

Upon updating Service, We may undertake a beta test before applying the update to the public and commercial Service. As so, Company may ask You to participate in the beta test, and by agreeing on this Terms and to participate the test, You agree to the following Beta Agreement which governs the disclosure of information by Company to You and your use of Company’s beta service offering.

  1. Subject to the terms and conditions of this Beta Agreement, Company grants You a nonexclusive, nontransferable license to use the Company service for a period designated by the Company for the purpose of testing and evaluating the Service.    
  2. You agree that it will at all times will hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Company and will use the Confidential Information for no purpose other than evaluating the Service. You shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. “Confidential Information” means all non-public materials and information provided or made available by Company to You, including products and services, information regarding technology, know-how, processes, software programs, research, development, financial information and information the Company provides regarding third parties. 
  3. Your obligations under this Beta Agreement with respect to any portion of the Confidential Information shall terminate when You can document that: (a) it was in the public domain at the time it was communicated to You; (b) it entered the public domain subsequent to the time it was communicated to You through no fault of You; (c) it was in Your possession free of any obligation of confidence at the time it was communicated to You; (d) it was rightfully communicated to You free of any obligation of confidence subsequent to the time it was communicated to You; or (e) it was developed by employees or agents of You who had no access to any information communicated to You. After Recipient’s evaluation of the Service is complete, or upon request of the Company, You shall promptly return to the Company all documents, notes and other tangible materials and return or certify the destruction of all electronic documents, notes, software, data, and other materials in electronic form representing the Confidential Information and all copies thereof.
  4. You agree that nothing contained in this Beta Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Beta Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right.  You shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Service.  You will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Service.
  5. This Service is a beta release offering and is not at the level of performance of a commercially available product offering.  The Service may not operate correctly and may be substantially modified prior to the upcoming commercial release, or at Company’s option may not be applied in the future.  THE SERVICE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL OR WRITTEN ADVICE OR CONSULTATION GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES WILL IN ANY WAY GIVE RISE TO A WARRANTY.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH RECIPIENT. 
  6. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFIT, COST OF COVER, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE OR THIS BETA AGREEMENT, HOWEVER CAUSED AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  7. Your obligations under this Beta Agreement shall survive any termination of this Beta agreement. This Beta Agreement shall be governed by and construed in accordance with the Tokyo Metropolitan Government Law. You hereby agree that breach of this Beta Agreement will cause Company irreparable damage for which recovery of damages would be inadequate, and that the Company shall therefore be entitled to obtain timely injunctive relief under this Beta Agreement, as well as such further relief as may be granted by a court of competent jurisdiction. You will not assign or transfer any rights or obligations under this Beta Agreement without the prior written consent of the Company.
 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Entire Agreement

The Terms and Conditions written thus far, together with any amendments and regulations, will constitute the entire agreement between You and Us concerning the Service and supersedes and replaces any prior or contemporaneous arrangements and agreements regarding the subject matter hereof.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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