Developer Terms

Responsibilities and Conditions

1. To participate in the Developer Program a Developer is obliged to have an active License related to the Company’s Services. Furthermore, to access Developer Console and the Services API necessary to develop an Application, a Developer must complete authorization and obtain Access Token. A Developer should not share its Access Token with any third party and shall keep this Token and login credentials in a secure manner.
2. A Developer is obliged to comply with all requirements and standards set forth in the Privacy Policy and Terms of Use of the Company.
3. The Company reserves the right to temporarily or permanently revoke the right to use its Services with or without notice to a Developer.
4. An Application may be published only after it is verified and accepted by the Company.
5. For the time of the investigation, an Application shall be frozen and any changes or publishing procedure may start only after the decision of the Company to either accept publishing procedure or to request adjustments from a Developer.
6. Developer agrees that the Company can monitor his activity (such monitoring may include the Company accessing and using code, integration, extension, or any other form developed by the Developer).
7. The Company may use any technical means to overcome malicious or in any way threatening disruptions to the Services API and/or Developer Program.
8. The Company may suspend access to the Services API and/or Developer Console granted to the Developer without notice if we reasonably believe that the Developer violates this Developer Program Terms. A Developer is obliged to act in a good faith and in a manner that shall not hinder or disturb the Company’s Services functionality and its operational fluency.
9. Developer does not acquire ownership of any rights in the Services API and/or Developer Program and/or Service Data. The Company is exclusively entitled to any content, structure, or code accessible via Services API or constituting it. Furthermore, the Company has an exclusive right to shape, change, fix, and re-build the Services API, Developer Program and/or Developer Console without prior notice.
10. The Company is entitled to terminate or suspend your access to Developer Program and/or Services API access in case of a breach of this Developer Program Terms or reasonable suspicion of such violation. Notwithstanding the foregoing, you are fully responsible for any damage that may be caused by a breach of this Developer Program Terms.
11. To the maximal extent permitted by law, the Company, its affiliates, suppliers, and/or distributors, will not be responsible for Developer’s lost profits, revenues, or any data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
12. Application shall not focus on any form of advertising within or connected to any Service Data received by any Subscriber, Agent, or End-User.
13. If an Application requests access to Service Data it is for the Company to decide if such access may be granted or not. No extension of given data access may be possible without prior Company’s authorization.
14. Developer shall be aware that it remains solely responsible, and that the Company has no responsibility or liability of any kind, for the content, development, operation, support, or maintenance of Application.
15. Furthermore, a Developer shall be responsible for:
    1. Taking care of maintenance duties to ensure Application functionality.
    2. Reporting to the Company long-time errors, limited functionality, or any other hindrance which affects the operational availability of the Application.
    3. Ensuring that its Application does not contain or introduce malicious software into a Service, an Services API, any Service Data or other data stored or transmitted using the Services.
    4. Ensuring legality of the Application and that the Application does not contain any obscene, libelous, or otherwise offensive contents.
    5. Ensuring that its Application does not violate or infringe the intellectual property rights of any third party.
    6. The Developer shall indemnify and hold harmless Text, Inc. from any third-party claim, suit, or proceeding arising out of or related to the Application (including the personal data processing) and related to any claim that the rights of a third party were violated by the Application or/and its usage.
16. The Company shall bear no responsibility for providing technical support for Application developed via the Developer Program.
17. The Company shall bear no responsibility for changes implemented in its Services that may affect Application.
18. The Company reserves the right to modify the description of Application published via Apps Marketplace. Such modification or adjustment may be done with no prior notice to the Developer publishing the Application.
19. Once the Application becomes Published, a Developer is responsible for all further settlements between Developer and Subscriber. The Company shall not intervene or bear any responsibility for this relation.
20. Developer shall have the right to choose whether the developed Application will be offered to Subscribers without charge or for a fee.
21. Developer shall follow the below procedure to Publish the Application in the Apps Marketplace:
    1. Submit such Application to the Company for verification and Publishing if approved.
    2. Review Company’s Commission Fee section concerning payments and commission for the Company for publishing Applications in App Marketplace.
    3. Prepare and upload the privacy policy appropriate for the Published Application to process data (including personal data) via Developer Program.
    4. Provide necessary and reasonable support and maintenance procedures for Subscribers.
22. The Company reserves its right to request an adjustment, update or to remove any Application related to the Services provided by the Company.
23. By developing an Application via Developer Program you agree that Text, Inc. is entitled to offer a Published Application to its Customers via Apps Marketplace.
24. Developer grants to the Company a royalty-free, no-charge, worldwide, transferable, exclusive, sub-licensable, irrevocable, and perpetual license to, without any restrictions, use, modify, reproduce, and commercially exploit the Application developed by the Developer and any documentation and materials related to the Application. The above-mentioned rights include the right to compile or link the Application with Company’s Services.
25. Developer grants to the Company a royalty-free, no-charge, worldwide, transferable, non-exclusive, sub-licensable, irrevocable, and perpetual permission to use, distribute, reproduce, display on any medium, commercially exploit any Developer’s intellectual property rights to the developed Application that the Developer has or may have.
26. Developer warrants that the content shall not be stored in a data repository that would enable any third-party access.
27. Disclosing or providing access to Services API or Developer Program credentials to your employees or independent contractors who need to have this access to perform activities on your behalf, is permitted only when jointly:
    1. such employees or independent contractors enter into an agreement with you at least as protective of Company’s rights as this Agreement along with any other applicable Company’s legal documents, and
    2. you agree to be responsible for, and liable to Text, Inc. for, any breaches of such agreements by such employees or independent contractors.
28. Developer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, or charges of any kind imposed by federal, state, or local governmental entities on amounts payable by the Developer.