These Developer and API Terms of Service (“Developer Terms”) govern your use of the APIs that are made available by Permutation Labs SAS (”Dust”, “we”, “our”, “us”) for the purpose of (1) developing and maintaining applications that interoperate with or complement Dust’s Services, (2) integrating our Services with other third-party offerings; and (3) submission of Customer Data or User Content.
For purposes of these Developer Terms, capitalized terms shall have the meanings set forth below. Capitalized terms utilized in these Developer Terms and not defined shall have the meaning set forth in the Master Services Agreement or the Personal Use Terms of Service.
| Term | Definition |
|---|---|
| API | means any application programming interfaces and any accompanying documentation and materials made available by Dust. |
| Confidential Information | means information that either party discloses to the other party that would normally be considered confidential information by a reasonable party under the circumstances. |
| End Users | means any users of your application, which may include individuals or organizations that are mutual customers of You and Dust. |
| Developer Application | means any application that you develop that creates, reads, updates, exports, manipulates and removes or deletes certain content from the Services. |
| Developer Application Data | means any data or content collected, gathered, or used by your Developer Application, including any information about End Users. |
| Non-Dust Application | shall have the same meaning as in Dust’s Master Services Agreement. |
| Services | shall have the same meaning as in Dust’s Master Services Agreement. |
| You and Your | means the individual accessing and using the API, or the organization, company or other legal entity for which you are accepting these Developer Terms. |
1.1. Applicable Terms. By accessing and using the API, you are consenting to be bound by these Developer Terms and to abide by Dust’s Acceptable Use Policy. If you are acting on behalf of or at the request of a company or other legal entity, you represent and warrant that you have the authority to bind that organization, company or other legal entity to these Developer Terms.
2.1. License to You. Subject to your compliance with these Developer Terms, Dust grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable right to access and use the API solely for the purposes of developing and implementing Developer Applications that communicate with and make use of the Service. You acknowledge that Dust and its licensors own all worldwide right, title and interest in and to the API including all intellectual property rights therein. Dust reserves all rights in and to the API not expressly granted to you in these Developer Terms. In addition, subject to your compliance with the terms and conditions of these Developer Terms, Dust grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable right to copy and use any data and materials from the Service that are accessed via the API via your Developer Application in order to make the functionality of the Developer Application available to third parties and for no other purposes. These Developer Terms do not grant Developer any other rights to Developer Application Data.
2.2. Transfer and Assignment. Subject to the limited licenses expressly provided in these Developer Terms, nothing in these Developer Terms transfers or assigns to Dust any of your intellectual property rights in your Developer Applications or your trademarks or other technology, and nothing in these Developer Terms transfers or assigns to you any of Dust’s intellectual property rights in the Services, the API, the trademarks, or Dust’s other technology or the respective intellectual property rights in any Developer Application Data of Dust or its Customers or End Users.
3.1. Except as expressly authorized under these Developer Terms (including for the purposes set forth in Section 2 above), you may not: (a) copy, modify, display, distribute, transfer or sublicense the API for use by a third party; (b) interfere with, bypass or disable any features or functionality that are embedded in or included with the API; (c) access or use the API for the purpose of monitoring the availability, performance, or functionality of the Service or for any other benchmarking or competitive purpose; (d) access or use the API in any unlawful manner, for any unlawful purpose or in any manner inconsistent with these Developer Terms; (e) use any scraping, data harvesting, web crawlers, or other data extraction methods to extract data from the API; (f) use the API to develop an Developer Application that competes with or substantially replicates Dust’s Services; or (g) mislead End Users or collect, store, transfer, sell, use, alter, or delete any Developer Application Data either without the prior written consent of the End User, or in violation of these Developer Terms or applicable law, including any applicable privacy laws. You acknowledge and agree that certain aspects of the API constitute or contain trade secrets of Dust and its licensors. Accordingly, you will not disassemble, decompile or reverse engineer the API or permit or authorize a third party to do so, except to the extent expressly permitted by law. Dust may set and enforce limitations on your use of the API, such as limiting the number of calls accepted by Developer Applications, at its own discretion. You will not attempt to circumvent these limitations. You will not provide, export, re-export, or transfer any part of the API to any embargoed country or region, or to governments or governmental instrumentalities of any embargoed country or region, absent a license or other necessary governmental authorization.
4.1. Your Responsibilities. You acknowledge and agree that you are solely responsible for your Developer Application, including all security, development, and maintenance. You represent and warrant that you have all necessary rights to distribute and make your Developer Application available, including complying with and maintaining any required third-party agreements, and that your Developer Application will not infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, or other proprietary or intellectual property rights, or rights of publicity or privacy. You will comply with all applicable privacy laws and regulations, and you will use commercially reasonable efforts to protect Developer Application Data from unauthorized access or use. You will ensure that user information accessed through the API is collected, processed, transmitted, and maintained in compliance with applicable privacy laws and regulations and any agreements you may have with End Users.
4.2 Direct Relationships with End Users. If you provide any Developer Applications that incorporate the functionality of the API to End Users, you will enter into terms of use directly with your End Users and inform your End Users of your privacy policy (together with those terms of use, “Your Terms”). You will make Your Terms accessible in connection with the download or installation of your Developer Application, within your Developer Application, and/or on your public website (Dust acknowledges that you may maintain separate negotiated agreements with End Users that apply in lieu of any online populated terms). Your Terms, together with any associated documentation, will clearly and accurately describe how your Developer Application functions and how it collects, uses, shares, retains and otherwise processes personal information. You represent and warrant that You will comply with applicable laws, regulations, rules and orders of any governmental or regulatory body, and these Developer Terms.
4.3 Support and Service for End Users. You agree to use commercially reasonable efforts to provide prompt and comprehensive support and service to End Users. With respect to your Developer Application, you acknowledge and agree that Dust has no obligations, responsibilities, or liabilities, including for support or technical assistance, with respect to End Users. You shall not represent to End Users that Dust is available to provide such support.
4.4 Data Subject Requests. You must comply with all data subject requests from End Users with respect to an End User’s right to delete, access, or receive (i) any Developer Application Data pertaining to that End User; and (ii) any metadata that was collected, transmitted, created, or received from that End User through your Developer Application (together with that Developer Application Data, “End User Data”) in accordance with applicable law. In the event you retain End User Data following the deletion or uninstallation of your Developer Application by an End User, you must continue to maintain the End User Data according to Your Terms with the End User and continue to maintain industry standard security measures for that End User Data. You acknowledge and agree that due to the nature of the Services, End Users may be data subjects, data processors, service providers, businesses, or data controllers as those terms are understood under applicable data protection law. It is Your responsibility to ascertain relevant information and respond to inquiries in accordance with applicable data protection law and with any agreements you may have with the End User.
5.1 Public Developer Applications. Dust allows developers to publish and make available for copy to other developers and End Users applications they’ve built on Dust via a gallery (”Developer Application Gallery”).
5.2 Visibility. Whether or not you or your Developer Application is visible to others it at Dust's sole discretion. Dust may suspend, disable, or remove your Developer Application from within Dust’s Services at any time, for any reason, and without prior notice, liability, or other obligation to you. Dust will use commercially reasonable efforts to notify you of any such action.
5.3 Licenses to Dust. If you choose to make your Developer Application available through the Developer Application Gallery, You grant to Dust, during the Term, a limited, worldwide, non-exclusive, and royalty-free license to (a) reproduce, perform, display, and use your Developer Application for administrative and demonstration purposes in connection with the operation, improvement and marketing of the Developer Application Gallery; (b) distribute your Developer Application through the Developer Application Gallery; (c) perform a Security and Privacy Review on your Developer Application; and (d) use the trade names, trademarks, service marks, logos, and domain names associated with your Developer Application (collectively, "Your Names") as a reference for marketing or promotional purposes on and in connection with the Developer Application Gallery and in other communications with, or promotions for, existing or potential developers, partners and customers about the Developer Application Gallery. For example, we might include Your Names in the Developer Application Gallery and in blog posts about the Developer Application Gallery.