Terms of Service

1. Acceptance of Terms

By creating an account, accessing the Service, or clicking "I agree", you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Wily App provides a software-as-a-service platform for mobile app marketers that enables:

• Bulk creation and management of Apple Search Ads campaigns using a structured keyword-to-campaign pattern.
• Automated data retrieval from Apple Search Ads and RevenueCat.
• Cross-source reconciliation and ROAS classification of keywords.
• Reporting dashboards and data-driven action suggestions.

The Service requires you to connect third-party advertising and analytics accounts. We act as your agent when accessing those accounts; you remain responsible for compliance with the terms of those third-party platforms.

3. Account Registration

To use the Service you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activity that occurs under your account, whether or not authorised by you.
• Notifying us immediately at [email protected] of any unauthorised use of your account.

You may not share your account credentials with third parties or create accounts using automated means without our prior written consent.

4. Acceptable Use

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

• Violate any applicable law or regulation, or the terms of any third-party platform connected to the Service.
• Attempt to gain unauthorised access to any part of the Service or its underlying systems.
• Reverse-engineer, decompile, or disassemble any portion of the Service.
• Use the Service to transmit malicious code, spam, or harmful content.
• Interfere with or disrupt the integrity or performance of the Service or data contained therein.
• Resell or sublicense access to the Service without our prior written approval.
• Use automated tools to scrape data from the Service beyond what is supported by our official API.

We reserve the right to investigate and take appropriate action, including suspending or terminating your account, if we believe you have violated these Terms.

5. Intellectual Property

The Service, including its software, design, text, graphics, and documentation, is owned by Wily App and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with these Terms.

You retain ownership of the data you upload to or generate through the Service ("Your Data"). By using the Service, you grant us a limited licence to process Your Data solely to operate and improve the Service as described in our Privacy Policy.

6. Payment Terms

Access to the Service is available on a subscription basis. Current pricing tiers and features are described on our pricing page. By subscribing you authorise us to charge your payment method on a recurring basis at the frequency (monthly or annual) you select.

• All fees are quoted in US dollars and are exclusive of applicable taxes, which are your responsibility.
• Subscription fees are non-refundable except where required by applicable law or as expressly stated in these Terms.
• If a payment fails, we may suspend your account after reasonable notice until payment is received.
• We may change pricing with at least 30 days' advance notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
• Annual subscriptions may be eligible for a discount as shown on the pricing page; annual fees are charged upfront and are non-refundable after the first 14 days.

7. Termination

By you. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access until that date.

By us. We may suspend or terminate your access to the Service immediately if:

• You materially breach these Terms and fail to cure within 10 days of notice.
• You become insolvent or subject to insolvency proceedings.
• We are required to do so by law.

Upon termination, your right to access the Service ceases. We will provide a 30-day window during which you may export Your Data before it is deleted, unless prohibited by law or the termination was due to your breach.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILY APP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. Indemnification

You agree to indemnify, defend, and hold harmless Wily App and its affiliates, officers, directors, and employees from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your use of the Service, (b) Your Data, (c) your violation of these Terms, or (d) your violation of any third-party right, including intellectual property rights.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions.

Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally will be subject to binding arbitration administered by a recognised arbitration body in San Francisco, California, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. Class action and jury trial rights are waived to the extent permitted by law.

12. Changes to These Terms

We may revise these Terms at any time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you by email at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and cancel your subscription before the effective date.

13. General

These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and Wily App with respect to the Service and supersede all prior agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of that right.

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely.

14. Contact

For legal inquiries or questions about these Terms, contact us at [email protected].