Apollumia (”Apollumia” or “We”) respects your privacy and is dedicated to protecting the privacy of those persons using (“User(s)” or “You”) Apollumia Online Service and/or Reflection Service (“Service”). This Privacy Policy helps You understand what personally identifiable information and non-personal information We collect, and how We use it.
This Privacy Policy applies to Your use of the Service and You should read this document before using the Service. If You do not agree to the terms of this Privacy Policy, You may not use the Service.
“Personal information” refers to information, which allows a User to be specifically identified as an individual person. We will also collect “non-personal information” meaning information that cannot be used to specifically identify anyone. Non-personal information may also result from removing the personally identifiable parts from personal information. We will collect and use both types of information and combinations of both types.
Apollumia shall not be responsible for the actions of third parties (including people, companies or services), the content of third-party websites, the usage of the information provided by a User to such third parties, or any products or services they may offer.
Apollumia will only collect such personal information that is relevant for the purposes described in this Privacy Policy.
Apollumia will process personal information for the purposes of creating Service accounts, using, maintaining, customizing and developing the Service, contacting Users, user verification, providing services, sending customer and marketing information to Users.
We will also use collected information to create a user profile link or combine it with other information we get from third parties, to help in providing the Services to You. Personal information will also be used to provide customer service and other services at your request, to send You information, including confirmations, invoices, technical notices, updates, security alerts, and support messages, as well as communicate with You about other products and services offered by Apollumia.
Apollumia commits to adhere to applicable laws and regulations pertaining to processing of personal information, as well as to process personal information in compliance with good processing practices. All personnel processing personal information are obliged to keep such information strictly confidential.
The legal basis for the processing of Your personal information is, where not stated otherwise or another legal basis is otherwise applicable, the performance of the contract for providing Apollumia’s Service to You, as permitted by GDPR article 6(1)(b).
Apollumia can also process Your personal information where we have a legitimate interest to do so, as permitted by GDPR article 6(1)(f), such as for marketing purposes.
Where the processing is such that Your consent is required by the applicable legislation, We will state so and obtain Your consent, and this will be the legal basis for the processing of Your personal information, as permitted by GDPR article 6(1)(a). However, You have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. If such withdrawal means that We are no longer able to provide the Service to You, we may cease providing the Service.
In some cases, We may also have a legal obligation to collect personal information from You or may otherwise need the personal information to protect Your vital interests or those of another person.
Depending on the part of Service You are using, We may collect several categories of information:
Information You give to us
Technically gathered information when You use our Service
We will collect information that You give to us, for example when You sign up to use our Service. This information may include your name, e-mail address, company name and phone number.
If You purchase a subscription to Service, our nominated third party payment processor may collect and process Your financial, credit card and related information.
If You use our Service, You may be asked to provide us with information about the account You use for development of your apps, for example your iTunes Connect or Google Play account, and any associated login or password details for access to your app platform account.
You may either send us or We may collect data from your app platform account when You link it to the Services for the purpose of analysis using our algorithmic statistic generation model (“User Input Data”). We use User Input Data to compile analytical information (whether in data, text, graphic or other form) which we create and give you access to via the Service based on algorithm-driven analysis of User Input Data and other data gathered from the online third-party data sources, including websites, the app platform account and various digital distribution, analytics, advertising and monetization platforms (“App Intelligence”).
If you do not provide Apollumia the required information, this may mean that we are not able to provide the Service to you.
We may use technical means to collect information about You when You use our Service. This information can include Your Internet Protocol address, time of Your requests or actions in the Service, hardware identifiers, operating system and version, access times, browser type and language, location based on Internet Protocol (“IP”) address, media access control (“MAC”) address, international mobile equipment identity (“IMEI”) and Your device name.
From time to time, We may receive personal information about You from third party sources, but only where We have checked that these third parties either have your consent or are otherwise legally permitted or required to disclose Your personal information to us. We use the information we receive from these third parties to maintain and improve the accuracy of the records we hold about you and provide us with insight as to how we can improve site functionality
Apollumia retains the personal information collected pursuant to this Privacy Policy for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter, if the collected personal information is no longer needed for purposes specified in this Privacy Policy, Apollumia will delete all aforementioned personal information in its possession within a reasonable timeframe or render it anonymous, meaning “non-personal data”. Further, Apollumia will store the following categories of Your personal information for the retention periods outlined below:
Category: Information You give to us
Retention period: During Your subscription term in our Service
Category: Technically gathered information
Retention period: During Your subscription term in our Service
We will immediately cease collection of Your User Input Data if you delete Your account, but any of Your previously collected User Input Data that is already included in the pool of data used to compile our App Intelligence will not be automatically deleted (but those records will no longer be linked back to You). If you do not ask us to delete historic User Input Data, We will use that data to compile App Intelligence. Should You request deletion of all of the data relation to your app sales, please do contact us using the contact details provided below.
Apollumia uses external service providers to provide technical solutions or services for processing stored information and for accessing the stored information by using a technical interface and will share Your personal information with such third-party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Service. We use third party service providers, such as e-mail service providers, credit card processors, information analyzers and business intelligence providers. Apollumia has the right to share personal information as necessary for the aforementioned service providers to provide their services to Apollumia. List of the processors and other recipients can be provided upon request.
Apollumia will not disclose your stored personal information to third parties for direct marketing, market research, polls or public registers without your consent. Personal information may be used for targeted in-service marketing and other similar purposes, and upon your consent, to email marketing by Apollumia and selected third-parties. Your User Input Data (such as iTunes Sales Reports) informs our App Intelligence but remains private to You. We do not share Your User Input Data with other users of the Reflection Service. Apollumia has the right to share non-personal information (such as anonymous User usage data, referring / exit pages and URLs, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality of the Service.
In exceptional circumstances personal information may be disclosed to third parties if required under any applicable law or regulation or order by competent authorities, or in order to enforce the Terms of Service and to investigate possible infringing use of the Service as well as to guarantee the safety of the Service.
Apollumia has the right to share your information in connection with any merger, sale of our assets, or a financing or acquisition of all or a portion of our business. Further,
Apollumia has the right to share aggregate or anonymous information with advertisers, publishers, business partners, and other third parties.
For some of our Services, Your personal information may be transferred to, and processed in, countries outside of the EEA. However, We have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy. These measures include transferring your personal data to third parties who are located in a country which the European Commission has determined has data protection laws that are at least as protective as those in Europe, and transferring your personal data to third parties who have entered into standard contractual clauses with Us. For more information about these safeguards please contact us using the contact details provided below.
The personal information will be maintained in external service providers’ servers with appropriate safeguards. The personal information is protected by appropriate industry standard, technical and organizational safety measures. Although We make good faith efforts to store the information collected on the Service in a secure operating environment that is not available to the public, We cannot guarantee the absolute security of that information during its transmission or its storage on our systems. Apollumia will post a notice on the Apollumia website or through the Service in case material security breach that endangers your privacy or personal information. Apollumia may also temporarily shut down a service to protect personal information.
You may contact Apollumia and We will inform what personal information We have collected and processed regarding You and the purposes such data are used for. You have the right to have corrected any incorrect, incomplete, outdated, or unnecessary personal information stored about You by contacting Apollumia.
You may object to certain use of personal information when such processing is based on legitimate interest, including direct marketing or profiling. You may opt-out of receiving promotional emails by following the instructions in those emails. If You opt-out, We can still send you non-promotional customer information, such as emails about Your account, providing Apollumia’s services and products or Apollumia’s ongoing relationship with You.
You may also ask Apollumia to delete Your personal information from our systems. We will comply with such request unless We have a legitimate ground to not delete the data. After the data has been deleted, We may not immediately be able to delete all residual copies from our active servers and backup systems. Such copies shall be deleted as soon as reasonably possible.
You may request Apollumia to restrict processing of certain personal information. Your personal information will then only be stored and not processed otherwise, this may, however, lead to fewer possibilities to use the Service. If such restriction means that We are no longer able to provide the Service to You, Apollumia shall be entitled to stop providing the Service.
You have the right to receive personal information provided by You to Apollumia in a structured, commonly used format. Apollumia provides no guarantee that this information will be compatible, relevant or useful to any other service.
These rights may be used by sending a letter or e-mail to Apollumia on the addresses set out below, including the following information: user name used for login purposes (no password), name and phone number. We may request the provision of additional information necessary to confirm Your identity. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded.
In case You consider Apollumia’s processing activities of personal information to be inconsistent with the applicable data protection laws, a complaint may be lodged with a supervisory authority for data protection.
Apollumia may change this Privacy Policy from time to time, and at Apollumia‘s sole discretion. All changes hereto will be made available on this website, which is why Apollumia encourages Users to frequently check this page for any changes to this Privacy Policy. Changes hereto will not prejudice Users’ rights without their consent.
The User may at any time contact Apollumia at the address here below.
Apollumia
Address: hello@apollumia.com
Last updated: Dec 27, 2022
These Terms of Service (“Terms”) govern the use of Threepeat Pte. Ltd.’s (“Apollumia”) Apollumia website services (“Service”). The Service provides information regarding the Apollumia brand, products, services and news updates. For avoidance of doubt, Customer understands that the information provided is subject to change, and is not a commitment or guarantee of product and service updates and does not constitute financial advice.
Use of the Service is also subject to Apollumia’s privacy policy available at _____insert privacy policy link or redirect___
THESE TERMS AND THE SERVICE ORDER (TOGETHER “AGREEMENT”) SET OUT THE LEGALLY BINDING TERMS AND AGREEMENT FOR THE USE OF THE SERVICE. BY EXECUTING THE RELEVANT SERVICE ORDER, TRIAL PROCESS OR ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO THE AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE FULL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND THE AGREEMENT.
Apollumia hereby grants to Customer, in return for and subject to Customer’s timely payments of the applicable fees, a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service in Customer’s internal commercial activities. Customer may not offer or provide access to the Service to third parties without Apollumia’s prior written consent. However, Customer might be able to use the data to provide the reports or limited access to its account to the Publisher, Developer or similar entities depending on the subscribed service type.
Customer may not use the Service for any purpose other than agreed in these Terms and the relevant Service Agreement or Service Order, as applicable.
Apollumia, in return for and subject to Customer’s timely payments of the applicable fees, hereby grants to Customer a perpetual, irrevocable, assignable, worldwide right to use and exploit the processed data created by the Service for any purpose, except resale of such data to non-affiliated third parties. For avoidance of doubt, Customer may not use the Service to provide analysis services to third parties.
The Service is only accessible over the internet, as the software used in providing the Service is installed on Apollumia’sor its subcontractor’s servers. No software will be delivered to Customer as part of the Service.
Customer’s Affiliates (as defined below) may use the Service but Company remains directly and fully liable for each Affiliate’s compliance with and breach of the Agreement. “Affiliate” means any company that is controlled by or is under common control with Customer, where “control” means the power to control the composition of the board of directors of the company, the possession of more than half of the voting equity share capital of the company.
Customer shall be provided with the necessary user names and passwords to access the Service, but Apollumia does not provide Customer with the means, including but not limited to devices and internet connection, to use the Service, and Customer is solely responsible for arranging the required means to connect to and use the Service.
Apollumia shall not be liable for any losses or damages resulting from the use of the Service, faulty data, material or information generated by the Service resulting from incorrect or inaccurate data provided by Customer.
No right granted by Apollumia under these Terms shall pass until payments agreed in relation to the Service shall be made in full by Customer to Apollumia. All rights not expressly granted to Customer are reserved by Apollumia and its licensors.
Customer is responsible for all activity occurring under Customer’s Service and any support accounts.
Customer shall immediately notify Apollumia of any: (i) unauthorized account use or other suspected security breach; (ii) unauthorized use, copying or distribution of the Service, accompanying documentation or Customer Data; and (iii) unusual performance of the Service observed by Customer
Customer agrees to provide current and complete account Users’ information as necessary for Apollumia to manage Customer’s account.
Customer agrees that Apollumia may rely on all information provided to Apollumia by Customer from the designated e-mail addresses. Apollumia may provide all notices, statements, and other communications arising under the Agreement to Customer through either e-mail, posting on the Services or other electronic transmission.
Customer alone shall be responsible for providing Apollumia with sufficient and correct information necessary for the Service to process such information. Customer shall be responsible for its use of the Service, the correctness and accuracy of the material, information and data provided to Apollumia through the Service, as well as its reliance on any analysis or data generated by the Service.
Customer will destroy all materials created by the Service after the trial period. This obligation does not apply to materials created by such parts of the Service that the Customer continues as a paying customer after the trial period. Nevertheless, Customer shall have right to retain reports made related to its own game(s).
Customer specifically agrees not to:
interfere with or disrupt the Service or servers or networks that provide the Service;
attempt to decompile, reverse engineer, disassemble or hack any of the Service, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Apollumia;
circumvent or attempt to circumvent technological measures designed to control access to, or elements of, the Service;
copy or reproduce the content of the Service (including but not limited to screenshots and photos) or
use the Service in violation with any applicable law, rule, code and regulation.
The Service shall be accessible to Customer at all times, excluding outages during regular downtimes for maintenance or updating or repairing the Service.
Customer understands that for reasons that include, without limitation, system security and stability, the Service may regularly need to be updated or maintained affecting the availability of the Service and these operations may change the properties and functionalities of the Service over time. Some updates, new versions or other enhancements to the Service may be subject to a
Apollumia may suspend the Service if Apollumia deems it necessary to prevent any prohibited use according to Section 2. or if Customer commits a material breach of the Agreement. Suspension of the Service shall be without prejudice to any rights or liabilities accruing prior to or during the suspension, including Customer’s obligation to pay fees.
All rights related to the Service and content provided by Apollumia in the Services shall belong to Apollumia or its licensors. These Terms shall have no effect on any intellectual property rights owned by either party prior to the initiation of the Service to Customer nor shall the disclosure of e.g. documents, devices, software and/or parts thereof between the parties for the purpose of the Service have any effect on such rights. Customer may not copy, reproduce or communicate to the public any content in the service without Apollumia’sprior written consent or without an explicit permission given in the relevant part of the Services (such as in any data export functions). For clarity, this restriction shall not apply to copying and reproducing content for Customer’s internal use. Additionally, copying, reproducing and communicating to the public is explicitly prohibited during trial periods.
Apollumia owns one or more United States and international patents that apply to the Service. Such patented inventions are the exclusive property of Apollumia.
Apollumia reserves all rights to all intellectual property rights and no rights shall be granted hereunder other than as expressly set forth in the Agreement. Content owned by third parties (including, without limitation, logos or trademarks), if any, shall not be used by Customer for any other separate purpose.
Connected Services/Accounts
This Section applies only in case Customer chooses to connect its account(s) with the Service as agreed separately between the parties.
The Service may enable an option to connect Customer’s iTunes Connect and Google Play Developer accounts (or other similar accounts from other application distributors or marketplaces) with the Service, in order to analyze the information about your games and applications stored in such connected service, and Apollumia will receive certain information about your games and applications from the connected account. (“Connected Account Data”). Notwithstanding anything to the contrary herein, Customer hereby grant Apollumia a non-exclusive, worldwide, royalty-free, perpetual irrevocable, sublicensable and transferable license to use the Connected Account Data to produce anonymized data for the purpose of further developing and optimizing the Service and, the development and sale of services to third parties.
A party shall keep confidential any trade or business secret of the other party received (“Confidential Information”) from such other party or its representative during the term of the Service and thereafter.
Confidential Information shall include, inter alia, all information provided by the other party that are marked as confidential, any optimizing analyses methods and software, financial data of Apollumia or Customer, details relating to the assignment, Customer’s product or service selections, specific results regarding Customer’s non-published games, all technical details relating to the products or services, solutions and models as well as all information to be held confidential according to law.
Confidential information does not include information that has become publicly available prior to the initiation of the Service, which become publicly available without any breach of these Terms or due to a lawful governmental act, which is independently created or which are in the public domain.
The Parties’ obligation of confidentiality shall survive termination of the Agreement for a period of five (5) years thereafter (except with respect to any trade secrets where such obligations shall be perpetual).
Apollumia shall have the right to use Customer’s name in its list of clients on Apollumia’s website and marketing materials. Apollumia shall not disclose further details regarding the nature of the co-operation, the Service provided, or Customer’s product(s) in respect of which the Service is provided.
All payment obligations are non-cancelable and non-refundable. In case of delay in payment, Apollumia shall have the right to discontinue the execution of the Service and/or remove any user accounts related to Customer’s use of the Service. Apollumia reserves the right to change the prices upon 30 days prior written notice excluding the fixed term service fees agreed in the Service Order, if any.
For avoidance of doubt, any use of the Service or the content of the Service is prohibited if the applicable fees and payments are not paid. Some fees may not be applicable during the trial period.
Apollumia warrants that the Service will substantially conform with the relevant Service Agreement or service order, if any, and be provided in a manner consistent with generally accepted industry standards.
WITH THE EXCEPTION OF THE LIMITED WARRANTY, ANY USE BY CUSTOMER AND USERS OF THE SERVICE IS AT CUSTOMER’S OWN RISK. THE SERVICE ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. Apollumia AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, NON-INFRINGEMENT, TITLE, AND OWNERSHIP. Apollumia AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES OR SOFTWARE: (1) ARE ERROR-FREE; (2) WILL PERFORM UNINTERRUPTED; (3) WILL MEET CUSTOMER’S REQUIREMENTS.
No data transmission over the internet can be guaranteed to be secure. Apollumia is not responsible for any interception or interruption of any communications through the Internet or networks or systems outside Apollumia’s control. Customer is responsible for maintaining the security of its networks, servers, applications and access codes.
Apollumia shall comply with the Agreement and the laws of provisioning territory.
Customer agrees to defend, indemnify and hold harmless Apollumia, its affiliates, licensors, partners and subcontractors from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or related to Customer’s breach of these Terms or portion hereof, or any act or omission by Customer relating to the Service. Apollumia reserves the right to assume its own defense and/or control of any matter otherwise subject to indemnification by Customer hereunder.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME. Apollumia’s LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE SERVICE FEES PAID UNDER THE AGREEMENT FOR THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
The limitation of liability shall not apply to damages caused by breaches of Sections 4, 5 or 9 or due to willful misconduct or gross negligence.
The initial term of the Agreement is specified in the relevant Service Order(“Initial Term”). Unless set to terminate at the end of the Initial Term, the term of the Agreement will automatically renew for subsequent periods of one year at a time, unless terminated no later than 60 days prior to the end of the then-current term by written notice to the other party. A monthly subscription is automatically renewed each month and may be terminated upon a 30 days written notice. Any and all subscriptions or services added during a relevant term will co-terminate with the preexisting term. Upon termination by Customer, the Customer shall not be entitled to any refund of any already paid fees.
Each party shall have the right to terminate the Service with immediate effect if the other party is in material breach of its contractual obligations and fails to remedy such breach within fourteen (14) days after the other party’s written notice.
Force Majeure means any failure by Customer or Apollumia to perform its obligations under these Terms caused by an impediment beyond its control which it could not have taken into account at the time Customer accepted these Terms and the consequences of which could not have been reasonably avoided or overcome by the failing party. Force Majeure event shall mean, inter alia, strike, boycott, war or comparable armed conflict, disruption of public transport or payment transactions, act or any other measures on the part of the government preventing the performance under these Terms. Neither party shall be liable for delays or damages caused by a Force Majeure event.
Apollumia may amend these Terms at its sole discretion by submitting the new terms to Customer 30 days prior to their entry into force. The modifications shall not substantially affect to the rights and obligations of the Customer without a separate written consent by the Customer, and shall not overrule any Customer specific terms agreed separately by the Parties.
The Agreement shall be governed by and construed in accordance with the laws of Singapore, excluding its rules on conflict of law. Any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or validity thereof, shall be finally settled in Singapore by arbitration in accordance with the Arbitration Rules of the Singapore Chamber of Commerce. The number of Arbitrators shall be one and the arbitration shall be held in the English language.
Binding effect and Assignment. The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Apollumia retains the right to assign the Agreement in its sole discretion. Customer may not assign the Agreement without the prior written permission of Apollumia. Nevertheless, Customer may assign the Agreement to its Affiliates or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets to a party, not competing with Apollumia, provided the assignee has agreed to be bound by all of the terms of the Agreement and all fees owed to Apollumia are paid in full.
Independent contractor. Nothing in these Terms shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship. Either party has no authority to act as agent for, or on behalf of, the other party, or to represent the other party, or bind the other party in any manner.
Employment taxes and benefits. All taxes on net income and similar assessments, levies and government-imposed obligations with respect to providing the Service shall be the obligation of and be paid by Apollumia.
Severability. If any provision of these Terms are held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms shall remain in full force and effect, and the provision affected shall be construed so as to be enforceable to the maximum extent permissible by law.
Waiver. The waiver concerning any breach of any provision of the Agreement shall not constitute a waiver of any subsequent breach of the same or any other provisions hereof.
Survival. Sections 4 (“Intellectual Property Rights”), 5 (“Confidentiality”), 6 (“References”), 7 (“Fees and Invoicing”), 8 (“Limited warranty”), 9 (“Indemnification”), 10 (“Limitation of liability”), 11 (“Term and Termination”), 14 (Applicable law and dispute resolution) and 15 (“Other terms and conditions”) these Terms shall survive the termination or expiration of the Service.