Redbooth API Terms Of Service

 

Thank you for using Redbooth’s APIs. These APIs are provided by Redbooth Inc. (referred to as Redbooth, we, our, or us in these terms), located at 635 High Street. Palo Alto, CA 94301, United States.

These Redbooth API Terms of Service (the “Developer Terms”) outline your rights and responsibilities when using our APIs, so read them carefully! Additional terms may apply to the use of an API, including additional terms of service, terms within the accompanying API documentation, and any applicable policies or guidelines adopted by us from time to time. If there is a conflict between these terms and the additional terms, the additional terms apply for that conflict. If you use the APIs as an interface to, or in conjunction with other Redbooth products and services, then the terms for such products and services also apply.

By using the Developer Platform, or otherwise building or distributing a Redbooth API App you agree to be bound by these Developer Terms, which govern your access to and use of the Redbooth API, any Redbooth developer webpages and documentation, and API SDKs, app keys, and access tokens (collectively, the “Developer Platform”). Please carefully read these Developer Terms before investing your time to use the Developer Platform. Please also carefully read the Redbooth Terms of Service and our Privacy Policy, which are incorporated into these Developer Terms.

If you are accessing the Developer Platform on behalf of an organization, you are agreeing to these Developer Terms for that organization and declaring that you have the authority to bind that organization to these Developer Terms. In that case, “you” and “your” will refer to that organization.

PLEASE READ THE DEVELOPER TERMS CAREFULLY BEFORE USING ANY OF THE DOCUMENTATION OR SOFTWARE PROVIDED TO YOU.

1. Definitions.

1.1.1. A “Redbooth API” or “API” is any application programming interface available through the Developer Platform, and any associated documentation, software and revisions thereto.

1.1.2. A “Redbooth API App” is any application that accesses Redbooth through the Redbooth API.
Redbooth API Apps must comply with the Redbooth policies and requirements set forth on the Redbooth Developer websites or other documentation provided by Redbooth, which may be modified from time to time without notice. You must apply for access to develop a Redbooth API App and to gain certain access levels for that Redbooth API App. We may deny those requests, or revoke access at any time in our sole discretion if we believe you are in violation of these Developer Terms in letter or spirit (or if we think your Redbooth API App is otherwise bad for the Developer Platform).

1.2. Uses and Restrictions.

1.2.1. You may use the Developer Platform only to
(a) Test the Developer Platform,
(b) Develop application software to interface with Redbooth,
(c) Make as many internal use copies of the Developer Platform as reasonably necessary to use the Developer Platform as permitted under these Developer Terms and distribute such copies to your employees whose job duties require them to use the Developer Platform.
1.2.2. You and your Redbooth API App must not, and must not attempt to:
(a) Violate, or encourage, or facilitate the violation of, any aspect of the Developer Terms.
(b) Use, display, mirror or frame (including in meta-tags or hidden text) Redbooth websites, or any individual element of Redbooth websites, Redbooth’s name, trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without Redbooth’s express written consent.
(c) Mislead, confuse, or surprise users. Your Redbooth API App should be transparent with users about what it does. For example, it shouldn’t (i) modify a user’s account settings, data, or device, (ii) store or share a user’s content, or (iii) attempt to gain any rights to users’ content, without open and express consent from the user.
1.2.3. Any application which you create which stores or retrieves data in Redbooth must identify Redbooth to your user as the cloud storage repository.
1.2.4. You may not make any representations to customers or third parties regarding any relationship with Redbooth Inc. without the prior written approval of Redbooth Inc.

1.3. Platform Usage

(a) We may sometimes review the Developer Platform (including how our services are being accessed and used), but you acknowledge that we have no obligation to do so. We are not responsible for files, user posts on our forums or elsewhere, or any other information accessible through the Developer Platform.
(b) We may limit the number of calls accepted by the API if we believe that the number of calls to the Redbooth API may negatively impact the Redbooth API or Redbooth service.
(c) Our Developer Platform is a work in progress and will continue to change over time.

1.4. End User Data.

If you collect any personally identifiable information via your Redbooth API App, you must ensure that it is collected, processed, transmitted, maintained and used in compliance with all applicable laws and a privacy policy that you post and make available to users from the Redbooth API App. You must comply with the terms and conditions of your privacy policy and employ reasonable measures to protect that personally identifiable information.

1.5. Our Products and Your Feedback.

These Developer Terms do not grant you any rights in any of our services or software or the content accessed through them. We may, at our sole discretion and for any purpose, use, modify, incorporate into our products, license and sublicense, any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

2. Other Platforms and Users.

You are fully responsible for any dealings with (a) the platforms and operating systems on which your Redbooth API Apps are distributed and used, and (b) the users of your Redbooth API App. We have no obligation to provide support to users for your Redbooth API Apps. Unless you have written permission to do so from Redbooth, you must not state or imply any endorsement by Redbooth of your Redbooth API App, or other products or services, and must not make any representations about your Redbooth API App, or Redbooth’s products or services that are in any way false or misleading.

3. Trademarks.

3.1. Redbooth License.

Redbooth hereby grants you a personal, non-exclusive, revocable, non-transferable license to use, modify, and compile the Sample Code solely for the purpose of enabling you to create the Redbooth API App. Except to the extent Redbooth Inc. may, in certain jurisdictions, be required by law to permit reverse engineering and provided that the provisions of such law may not be waived or conditioned on prior request for information regarding interoperability, you shall not disassemble, decompile or otherwise reverse engineer the Redbooth API nor permit any third party to do so.
You may not otherwise redistribute, create derivative works of, or sublicense, or otherwise redistribute the Redbooth API.
Redbooth Inc. reserves the right to change the Developer Platform at any time without notice and future versions may not be compatible with prior versions. All rights not expressly granted herein are reserved by Redbooth Inc..
Redbooth hereby grants you a non-exclusive, non-transferable, non-sublicenseable, fully revocable license, to use the Redbooth Marks found at www.redbooth.com solely to promote your Redbooth API App in accordance with these Developer Terms and applicable law. You agree and acknowledge that except for the limited license above, these Developer Terms do not grant you any rights to the Redbooth Marks and that all goodwill generated through use of such marks benefits Redbooth, and that in no event will you use the Redbooth Marks to state or imply any endorsement by Redbooth of your Redbooth API App, or other products or services. If you use any Redbooth Marks, you will at no time contest or aid in contesting the validity or ownership of those Redbooth Marks or Redbooth’s rights in them, including, but not limited to, applying to register any trademark, trade name or other designation that is confusingly similar to those Redbooth Marks. “Marks” means all trademarks, service marks, logos or trade names used to identify a party and its products and services.

3.2. Developer License.

You grant to Redbooth a non-exclusive, fully paid, irrevocable (while you continue to support a Redbooth API App), to use your Marks and descriptive materials you publish about your Redbooth API App solely in connection with the promotion of Redbooth services accessible through your Redbooth API App, and to acknowledge or promote your Redbooth API App. Any use will be in accordance with applicable law. Redbooth agrees and acknowledges that except for the limited license above, these Developer Terms do not grant Redbooth any rights to your Marks and that all goodwill generated through use of such marks benefits you.

4. Term and Termination.

Redbooth may terminate these Developer Terms at any time or suspend your access to Redbooth services if: (a) you breach any provision of these Developer Terms; (b) Redbooth is required to do so by law; (c) Redbooth ceases to offer any services covered by these Developer Terms; or (d) for any other reason in our sole discretion. You may terminate these Developer Terms at your convenience by stopping all use, operation, support, promotion, and distribution of all of your Redbooth API Apps. UPON ANY TERMINATION OR SUSPENSION OF ACCESS, YOU MAY LOSE ACCESS TO ANY CONTENT, MATERIALS OR INFORMATION THAT YOU PROVIDED TO REDBOOTH RELATED TO YOUR APP. Sections 1.2, 1.5, 6, 7, 8, and 10 will survive any termination of these Developer Terms.

5. Representations and Warranties.

You represent and warrant that: (a) all information you have provided and will provide to Redbooth is true, accurate, and complete; (b) you have not previously had a Redbooth account which has been terminated by Redbooth (or have made us aware of that in connection with your current application); (c) you have the full right, power and authority to make, distribute, operate, support, and promote your Redbooth API App and to enter into these Developer Terms; and (d) your Redbooth API Apps and their contemplated uses will not violate the intellectual property rights or other rights of others or violate any laws.

6. Disclaimer.

THE REDBOOTH API, DEVELOPER PLATFORM AND ALL REDBOOTH SOFTWARE ARE PROVIDED “AS IS”, TO BE USED AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

7. Indemnity.

You will indemnify, defend and hold Redbooth, our affiliates, agents, and licensors harmless from any third party claim (including reasonable attorneys’ fees) relating to: (a) any allegation that your Redbooth API Apps or the use of them infringes the intellectual property rights of any third party; (b) your breach of these Developer Terms or any act or omission by you in connection with your use of the Developer Platform; (c) your Redbooth API App; and (d) your collection or use of users’ information and data. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims without our prior written consent.

8. Limitation of Liability.

IN NO EVENT WILL REDBOOTH, ITS ASSOCIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT REDBOOTH HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. REDBOOTH’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE REDBOOTH API, THE DEVELOPER PLATFORM, AND OUR SERVICES IS LIMITED TO $100 USD. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation.

9. Modification.

We may revise these Developer Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Developer Platform after revisions become effective, you agree to be bound by the revised Developer Terms. If you do not agree to the new terms, please stop using the Developer Platform and cease all use, operation, support, promotion, and distribution of all of your Redbooth API Apps.

10. Export Controls.

You are advised that the Developer Platform is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, import or transmit the Developer Platform to any country, end user or for any use that is prohibited by applicable United States regulation or statute (including but not limited to those countries embargoed from time to time by the United States government); or contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use.

11. High Risk Activities.

The Developer Platform is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, “High Risk Activities”). REDBOOTH INC. EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

12. Governing Law.

This Agreement will be governed by and construed in accordance with the substantive laws of the State of California. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The state and federal courts sitting in Santa Clara County, California shall have exclusive jurisdiction over all disputes relating to this Agreement.

13. Open Source Software.

This Developer Platform includes or may include some software programs that are licensed (or sublicensed) to you under certain Open Source Software licenses (“OSS Licenses”). If any portion of the Developer Platform is subject to an OSS License, and such OSS License requires that Redbooth Inc. provide rights that are broader than the rights granted in this Agreement, then the rights to that portion of the software shall be governed by the broader rights to the extent required by such OSS License.

14. Other Terms.

These Developer Terms constitute the entire and exclusive agreement between you and Redbooth with respect to the Redbooth API and Developer Platform, and supersede and replace any other agreements, terms and conditions applicable to the Developer Platform. These Developer Terms create no third party beneficiary rights. Redbooth’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Developer Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Developer Terms, and any such attempt is void, but Redbooth may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Redbooth and you are not legal partners or agents; instead, our relationship is that of independent contractors.