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1. About these Terms

These Publisher Terms (the "Terms") are the contract between you and Gharial. Gharial is a service operated by Rootlake LLC, a Wyoming limited liability company ("Gharial", "we", "us" or "our").

Gharial is for businesses and professional developers. These Terms are not addressed to consumers, and they are not addressed to the people who use your apps. What we do with the data of those people is described in our Privacy Policy.

You accept these Terms when you create an account on the Gharial dashboard. If you accept them for a company, you confirm that you are authorised to bind that company, and "you" means that company.

The Agreement between you and Gharial is made of these Terms, the Publisher Guidelines, the Disclosure and the Privacy Policy. If they conflict, these Terms come first, then the Guidelines, then the Disclosure, then the Privacy Policy. A written agreement signed by both of us comes before all of them.

2. Definitions

• "App": a mobile application that you own or control and have added to the Gharial dashboard.
• "Dashboard": the web platform at app.gharialdata.com where you manage your account, your Apps and your earnings.
• "End User": a person who uses one of your Apps.
• "Eligible User": an End User who, on a given day, meets every condition in Section 9.2, as measured by our systems.
• "Fees": the amounts we pay you under Section 9.
• "Guidelines": the Publisher Guidelines at gharialdata.com/guidelines.
• "Invalid Activity": as defined in Section 11.
• "Personal Data": any information relating to an identified or identifiable person, and any equivalent term under the data protection laws that apply.
• "SDK": the Gharial software development kit for Android and iOS, with its documentation and updates.
• "Supported Version": a version of the SDK that Section 6.2 treats as current.
• "SDK Data": the data collected from End Users' devices through the SDK, described in Section 3 of the Privacy Policy.
• "Zone": a group of countries that share a rate, as shown on the Dashboard.

3. Who can join

Gharial is open to developers and companies established in India, Bangladesh, Pakistan, Sri Lanka, Bhutan and the Maldives. A developer or company established in another country may apply, and we decide whether to accept. Your End Users can be in any country except the United States (see Section 9.2).

To hold an account you must:

• Be at least 18 years old and able to enter into a contract.
• Give us accurate and complete information, and keep it up to date.
• Not be established in, or ordinarily resident in, a country or territory that is subject to comprehensive sanctions by the United States, the United Kingdom or the European Union.
• Not be named on, or owned or controlled by anyone named on, a sanctions list of the United States, the United Kingdom, the European Union or the United Nations.
• Not support, finance, promote or act for terrorism or violent extremism, or for any organisation that does, whether or not it appears on a list.
• Not be, work for or promote an organisation or movement that calls for violence or hatred against people, or for denying them their rights, because of their sex, religion or beliefs, caste, race, ethnic origin, nationality, disability or sexual orientation. This includes any that demeans women or girls or works to keep them out of education, work or public life.

These last two rules apply to you, to the people who own or control you, and to everything you publish, not only to the Apps you add. We may refuse or close an account where we reasonably believe, from public information or from your Apps, that one of them is broken.

Before we pay you, we verify who you are. For a person this is an identity check. For a company it is a check of the company and the people who own or control it. An identity verification provider runs these checks for us and screens against sanctions and watchlists. We may also ask you for documents. We may refuse or close an account that does not pass, and we do not have to give the reason where the law prevents it.

You are responsible for everything done through your account. Keep your password and your app keys safe, and tell us at once if you think someone else has used them.

One person or company may hold one account, unless we agree otherwise in writing. Accounts held by the same person, by members of the same household, or by companies under common ownership or control count as one for this rule, and we may treat them as one for every purpose of the Agreement. You may not sell, lend or transfer an account, and you may not open a new one after we have closed or refused one.

4. Your Apps

You may add only Apps that you own or control. We may ask you to prove it, for example through the developer contact shown on the app store listing. An App receives its key only after we have confirmed that it is yours.

Each App has its own key. Use a key only in the App it was issued for.

We may refuse or remove an App that does not meet the Guidelines. We may also refuse an App that has no real audience of its own, such as a copy of another app, one of many near-identical apps made from the same template, or an app whose only evident purpose is to carry SDKs.

5. Licence to use the SDK

We grant you a non-exclusive, non-transferable, revocable, royalty-free licence to integrate the SDK in your Apps and to distribute it as part of them, for as long as the Agreement is in force.

You must not, and must not allow anyone else to:

• Decompile, reverse engineer or disassemble the SDK, except where the law gives you that right and it cannot be waived.
• Modify the SDK, change how it behaves, or create derivative works from it.
• Use the SDK to build a competing product.
• Remove or hide any proprietary notice.
• Distribute the SDK other than as part of your Apps.

The SDK shows no ads and does not change the interface of your App.

6. Your obligations

6.1 In general

You must:

• Integrate the SDK as described in the documentation at docs.gharialdata.com.
• Obtain valid consent from each End User before the SDK collects any data, and give End Users an easy way to withdraw it, as set out in the Guidelines.
• Include the text of the Disclosure in the privacy policy of each App.
• Follow the Guidelines, including the rules on the age of users and on the kinds of app that may not use the SDK.
• Keep the SDK up to date, as set out in Section 6.2.
• Follow the policies of each app store where you distribute an App, and keep its privacy declarations (such as Google Play Data safety and Apple App Privacy) accurate for the data the SDK collects.
• Comply with the laws that apply to you and to your Apps.
• Follow our reasonable written instructions on security, consent and data protection.

6.2 Keeping the SDK up to date

New versions of the SDK fix faults, improve the quality of the data, and keep the SDK in line with the current rules of Google Play, the App Store and privacy law. An old version may do none of these. For that reason:

• You must release each new version of the SDK in your Apps as soon as you reasonably can, and in any case within 30 days of the date we announce it.
• When we mark a version as urgent, because it fixes a security, privacy or app store compliance problem, you must release it within 7 days.
• A version is a Supported Version while it is the latest version, and for 30 days after a newer one is announced (7 days when the newer one is urgent). The Dashboard and the documentation show which versions are supported.
• Data from a version that is not a Supported Version does not count towards your Fees. End Users on such a version are not Eligible Users, even if everything else is in order.

We announce new versions by email or on the Dashboard. It is your job to get the update through app store review in time.

7. Your other partners

The Agreement is not exclusive. You may keep using ad networks, other data partners, subscriptions and in-app purchases alongside Gharial. You are responsible for making sure that your agreements with them allow it.

8. Data protection

8.1 Roles

For the SDK Data, you and Gharial each decide part of the processing: you decide to integrate the SDK in your Apps and you obtain consent, and we decide how the SDK works and what the data is used for. Where the GDPR, the UK GDPR or a similar law applies, you and Gharial are joint controllers of the SDK Data, and this Section 8 is the arrangement between us that those laws require. Where the law that applies uses other terms, each of us is responsible for its own part as set out here.

We share SDK Data with network analytics partners, who use it for the purposes in Section 8.2 under their own agreements with us. The Privacy Policy describes them.

8.2 Purposes

The SDK Data is used only to:

• Measure and improve the performance, coverage and quality of mobile networks.
• Provide network analytics to telecommunications operators, regulators and similar organisations.
• Detect and prevent fraud or abuse of the SDK, and calculate your Fees.

The SDK Data is not used for advertising, for ad targeting, for marketing profiles, or to identify individuals.

8.3 Lawful basis

The SDK Data is processed on the basis of the End User's consent. Where a law that applies does not rely on consent, you must still obtain it, because the SDK does not collect data without a consent signal.

8.4 Your responsibilities

You are responsible for:

• Obtaining valid consent before any SDK Data is collected, and keeping records that show it.
• Telling End Users what is collected and why, by including the Disclosure in the App's privacy policy and by any other notice the law requires.
• Giving End Users a way to withdraw consent that is as easy as giving it, and making sure the SDK stops when they do.
• Not integrating the SDK in an App that is directed to children, or that is otherwise excluded by the Guidelines.
• Sending us, within 5 business days, any request from an End User about SDK Data that you cannot resolve with the data you hold.

8.5 Our responsibilities

We are responsible for:

• Operating the SDK so that it collects nothing until it receives a consent signal, and stops when consent is withdrawn.
• Keeping the Privacy Policy and the Disclosure accurate.
• Putting agreements in place with our network analytics partners and our service providers that limit them to the purposes in Section 8.2 and require appropriate security.
• Answering End User requests about SDK Data that reach us, and coordinating with you and with our partners where needed.
• Protecting the SDK Data we hold with appropriate technical and organisational measures.
• Putting a lawful transfer mechanism in place where SDK Data moves between countries and the law requires one.

8.6 Requests and incidents

End Users may exercise their rights against either of us. Each of us will help the other to answer within the time the law allows.

If either of us becomes aware of a security incident that affects SDK Data, it must tell the other within 48 hours, share what the other needs to meet its own legal duties, and cooperate in the response.

8.7 Your own data

The Privacy Policy describes how we handle the Personal Data of you and your staff, including the identity check in Section 3.

9. Fees

9.1 How Fees are calculated

We pay a fixed rate for every 1,000 Eligible Users, each calendar month. The calculation for each App and each Zone is:

average daily Eligible Users in the month ÷ 1,000 × the rate for the Zone

The average is the total of the daily Eligible Users for the finished days of the month, divided by the number of those days. Days run on UTC time. An End User is counted in the Zone of the country where the SDK measured them that day.

9.2 Which users count, and data quality

We pay for data that can be used. One measurement from a device does not show that a person used your App that day with location on, and it is of no use to the organisations that rely on the data. An End User is therefore an Eligible User on a given day only if all of the following are true:

• They are not in the United States. Gharial does not collect or pay for data from devices located there: records from the United States are discarded, and you must not use the SDK in an App made mainly for an audience in the United States.
• They have given valid consent, and it has not been withdrawn.
• They have granted the App the location permission of the device, and the device reports a real location.
• The SDK in the App is a Supported Version.
• The SDK has reported enough valid samples from their device that day. We set the number and spread of samples that a day needs, and what makes a sample valid: for example a plausible location with sufficient accuracy, consistent network readings, and a genuine device. The documentation describes the current criteria.
• The data shows no sign of Invalid Activity.

This means that your Eligible Users will usually be fewer than the daily active users you see in your own analytics, and that your Fees fall if the quality of the data falls, for example when many End Users refuse location, when the operating system restricts your App in the background, or when you run an old version of the SDK.

We may change the quality criteria to keep the data useful and lawful. When a change is likely to reduce Fees noticeably, we give 30 days' notice, unless it responds to Invalid Activity or to a change in the law or in app store rules.

9.3 Rates

The rates and the countries in each Zone are shown on the Dashboard. On the date of these Terms the rates are USD 10 for Zone 1 and USD 5 for every other country.

We may change a rate, or move a country between Zones, by giving you at least 30 days' notice by email or on the Dashboard. The change applies from the first day of the calendar month after the notice period ends. If you do not accept it, you may end the Agreement under Section 18.

9.4 Our measurements

Fees are based on our measurements alone, not on the numbers from your own analytics, from an app store or from any other tool. The Dashboard shows them for each App. Numbers for a month may change until that month is closed, because late data and checks for Invalid Activity are applied.

If you think a closed month is wrong, tell us within 60 days of the end of that month and give us the detail you have. We will review it in good faith, and our decision after that review is final. After 60 days the month is final.

10. Payment

• We calculate Fees monthly in arrears and pay within 30 days of the end of the month (NET 30).
• We pay when your balance reaches USD 100. A lower balance carries over to the next month.
• Your first payment may take up to 30 days longer, while we review your Apps and your data.
• Before the first payment you must have completed your business details, passed the verification in Section 3 and given valid payout details on the Dashboard. If any of these is missing, the balance waits, without interest, until it is complete.
• We pay only to an account in your own name: the person or company we verified. We do not pay third parties, and we make no advance payments.
• When you change your payout details, we may verify them again, and we may hold payments for up to 30 days for security.
• We pay in US dollars, by bank transfer to the account in your payout details. We pay our own sending costs. Charges made by your bank or by an intermediary bank, and any currency conversion, are yours.
• Fees include every tax that applies to them. You are responsible for the taxes on what you earn, and for any registration, return or invoice your own tax rules require, such as goods and services tax. If a law requires us to withhold tax, we will withhold it and pay you the rest. We may ask you for a tax form, such as a Form W-8 of the US Internal Revenue Service, and hold payment until we have it.
• Each month the Dashboard shows a statement of the Fees for that month. Where the law allows, this statement serves as your invoice to us, and you agree not to issue a separate invoice for the same Fees. If you must issue your own invoice, it must match the statement.
• If a payment fails because the payout details are wrong, we will try again once you correct them. Any cost of the failed payment may be deducted.
• No interest is due on any balance, whatever the reason it is held.
• If your account shows no activity for 12 months (no sign-in and no data from any App), we may close it after a reminder to your registered email. A balance below the minimum then lapses where the law allows.
• If a balance is still unpaid 12 months after the Agreement ends because we could not verify you or you gave no valid payout details, despite our reminders to your registered email, the balance lapses where the law allows.

11. Invalid Activity and adjustments

You must not, and must not allow anyone else to:

• Inflate, manipulate or misrepresent the numbers the SDK measures, such as daily active users.
• Use bots, emulators, device farms, automated scripts, incentivised installs or other artificial means to generate activity.
• Send through the SDK the data of people who have not given valid consent.
• Get round any technical measure that protects the integrity of the data.
• Falsify where End Users are, for example with VPNs, proxies, mock locations or altered devices, to obtain the rate of a better-paid Zone.
• Buy, rent or exchange traffic or installs to raise your numbers, or pay or reward End Users for installing the App, giving consent or granting location.
• Start the App, or keep it running, without the End User's knowledge so that it counts as active.
• Obtain consent or location permission through pressure, tricks or misleading screens, or record a consent the End User did not give.
• Generate activity yourself, or through your staff, relatives or contractors.
• Hold more than one account, or use another person's identity, documents or bank account.
• Use the SDK in an App that does not meet the Guidelines.

Any of these is "Invalid Activity". Where we reasonably find, on objective evidence, that Invalid Activity has taken place, we may withhold or reverse the Fees linked to it, recover Fees already paid for it, suspend the App or the account, or end the Agreement under Section 18.3. We will tell you the basis for the decision and give you a fair chance to answer before it becomes final, unless the conduct is unlawful or so serious that we must act at once.

While we investigate suspected Invalid Activity, we may hold all payments to you for up to 90 days. Where Invalid Activity is deliberate, repeated, or affects a substantial part of your data, we may treat all unpaid Fees of the account as linked to it, and we may close every account connected to you.

We may also adjust Fees to correct an error in our measurements. We may set off any amount you owe us against any amount we owe you.

12. How we work together

• We give support in English, through the Dashboard and the email addresses in these Terms. We do not give support through the personal accounts or phone numbers of our staff, and you must not contact them that way.
• Treat our staff with respect. Threats, insults, harassment, repeated messages about a matter we have already answered, and attempts to obtain a payment through pressure, including false or misleading public statements about Gharial, are a material breach of the Agreement.
• You must not offer our staff money, gifts or any other advantage.
• Questions about your numbers or your payments follow the process in Section 9.4. Opening several tickets, or several accounts, about the same matter does not change the outcome.
• You must answer our reasonable questions about your Apps, your traffic and your identity within 10 business days. If you do not, we may suspend the account until you do.

13. Intellectual property

We own the SDK, the Dashboard, the documentation and the Gharial name and logo, and all intellectual property rights in them. You own your Apps. Nothing in the Agreement transfers ownership of either.

We may use your name and the names and icons of your Apps to say that you work with Gharial, unless you ask us in writing not to.

14. Confidentiality

Each of us must keep confidential the non-public information it receives from the other in connection with the Agreement, use it only for the Agreement, and protect it with at least reasonable care. This lasts for the term of the Agreement and for 2 years after it ends.

This does not apply to information that is or becomes public without a breach, that the receiver already knew or develops independently, or that the receiver must disclose by law, in which case it must give as much notice as the law allows.

SDK Data is governed by Section 8, not by this Section.

15. Warranties and disclaimers

Each of us warrants that it has the power and authority to enter into the Agreement. You warrant that you own or control each App and that the information you give us is true.

We will provide the SDK and the Dashboard with reasonable care and skill. Apart from that, THE SDK AND THE DASHBOARD ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not promise any level of earnings.

16. Indemnification

Each of us (the "Indemnifying Party") will defend the other and its officers, directors and employees against third-party claims, and pay the resulting losses, costs and damages (including reasonable legal fees), that arise from the Indemnifying Party's:

• Material breach of the Agreement.
• Infringement of a third party's intellectual property rights.
• Violation of the law, including data protection law.
• Gross negligence, wilful misconduct or fraud.

You will also indemnify us on the same terms for claims that arise from the content or operation of your Apps (except to the extent the SDK caused the claim), from your use of the SDK in a way the Agreement does not allow, and from any failure to obtain valid End User consent.

The party asking for indemnity must tell the other promptly, let it control the defence in good faith, and give reasonable help at the other's expense.

17. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER OF US IS LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR DATA, EVEN IF TOLD THAT THEY WERE POSSIBLE.

EACH PARTY'S TOTAL LIABILITY UNDER THE AGREEMENT, WHATEVER THE LEGAL BASIS, IS LIMITED TO THE GREATER OF (A) USD 5,000 AND (B) THE FEES WE PAID YOU IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

These limits do not apply to our duty to pay Fees that are due, to the indemnities in Section 16, to breach of confidentiality, to infringement of the other party's intellectual property rights, to gross negligence, wilful misconduct or fraud, or to any liability that the law does not allow to be limited.

A claim under the Agreement must be brought within 12 months of the date the claimant knew, or should have known, the facts behind it.

18. Term, suspension and termination

18.1 Term

The Agreement starts when you accept these Terms and continues until one of us ends it.

18.2 Ending it for any reason

You may end the Agreement at any time by closing your account or writing to us. We may end it on 30 days' written notice.

18.3 Ending it for cause

Either of us may end the Agreement at once by written notice if the other commits a material breach and, where the breach can be put right, does not put it right within 15 business days of being asked to, or if the other becomes insolvent or stops doing business. We may also end it at once for Invalid Activity, for a breach of Section 3 or Section 19, or where the law requires us to.

18.4 Suspension

We may suspend an App or your account, at once where needed, to protect the security or lawful operation of the service, to comply with the law, to investigate suspected Invalid Activity, or while information we need for verification is missing. We will tell you why unless the law prevents it, and lift the suspension when the reason has gone.

18.5 What happens at the end

When the Agreement ends:

• The licence in Section 5 ends, and you must remove the SDK from your Apps in your next app store update and in any case within 30 days.
• We pay the Fees that are due and not in dispute on the next normal payment date, whatever the balance, provided the conditions in Section 10 are met.
• Section 8 continues to apply to SDK Data already collected.
• Sections 8, 11 to 17, 20 and 21, and any other term meant to continue, remain in force.

19. Sanctions, export and anti-corruption

Each of us must comply with the sanctions, export control and anti-corruption laws that apply to it. You must not offer, give or accept a bribe or other improper advantage in connection with the Agreement. You must tell us at once if you, or anyone who owns or controls you, becomes subject to sanctions. We may withhold a payment that the law does not allow us to make.

20. Changes to these Terms

We may change these Terms, the Guidelines and the Disclosure. We will tell you about a material change at least 30 days before it takes effect, by email or on the Dashboard, unless the law or a security need requires us to act sooner. If you do not accept a change, you may end the Agreement before it takes effect. Using the service after that date means you accept it.

21. General

Governing law and courts. The Agreement is governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. The state and federal courts located in Wyoming have exclusive jurisdiction over any dispute about the Agreement, and each of us accepts their jurisdiction. Either of us may still ask any competent court for urgent relief to protect its intellectual property or confidential information.

Notices. We send notices to the email address on your account. Send yours to legal@gharialdata.com. An email counts as received on the next business day, unless the sender receives an error message. Data protection requests go to privacy@gharialdata.com.

Language. These Terms are written in English. If we provide a translation, it is for convenience, and the English text prevails.

Assignment. You may not transfer the Agreement without our written consent. We may transfer it to an affiliate or to a successor of the business.

Independent parties. Nothing in the Agreement makes either of us the partner, agent or employee of the other. The shared responsibility in Section 8 is for data protection only.

Force majeure. Neither of us is liable for a failure or delay caused by events beyond its reasonable control, such as internet or power failures, government action, war, epidemic or natural disaster.

Severability and waiver. If part of the Agreement is found invalid, the rest stays in force. A delay in using a right is not a waiver of it.

Entire agreement. The Agreement is the whole agreement between us on its subject and replaces anything earlier.

22. Contact

Gharial is operated by:

Rootlake LLC
30 N Gould St Ste N
Sheridan, WY 82801
United States

Legal: legal@gharialdata.com
Privacy: privacy@gharialdata.com