Effective Date: March 22, 2018
Thank you for your interest in developing for the Knowbly application!
If you have any questions about these Developer Terms, please contact us.
1.1. Our Developer Tools. Subject to these Developer Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use the Developer Tools to develop, test and support Developer Products (defined below). You acknowledge that Knowbly retains all worldwide right, title and interest in the Developer Tools, including without limitation all intellectual property rights therein, and these Developer Terms don't grant you any rights in any of our Services or the content accessed through them. If you acquire any rights in the Developer Tools, by operation of law or otherwise, you will, at no expense to Knowbly, immediately assign such rights to Knowbly. Some of the software used in the Developer Tools may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Developer Terms.
1.2. Our Brand Assets. You may use the words, phrases, symbols, designs and other distinctive brand features associated with Knowbly and our Services (collectively, “Brand Assets”) provided in the Developer Tools, provided that your use complies with these Developer Terms, any documentation provided with the Developer Tools and our Brand and Logo Guidelines. You agree that any goodwill derived from your use of the Brand Assets benefits only Knowbly. If you acquire any rights in the Brand Assets, by operation of law or otherwise, you will, at no expense to Knowbly, immediately assign such rights to Knowbly.
2.1. Definitions. A "Developer Product" is any product or service that accesses or uses the Developer Tools, and includes work completed to create new widgets, extensions to the application, add-ons or plug-ins, enhancements of existing Knowbly widgets, and enhancements of any other existing Developer Product. “Your Users” means any users of your Developer Product. "Marks" means all trademarks, service marks, logos or trade names used to identify a party and its products and services.
2.3. License To Marks. You grant to Knowbly a non-exclusive, non-transferable, perpetual license to use your Marks and descriptive materials you publish about your Developer Product or use of the Developer Tools, as well as any portion of your Developer Product, solely in connection with the promotion of the Services and to acknowledge or promote your use of the Developer Tools. We agree that these Developer Terms do not grant us ownership of your Marks, and any goodwill derived from use of your Marks benefits only you.
You represent and warrant that: (a) all information you have provided and will provide to Knowbly is true, accurate and complete; (b) you have the full right, power and authority to make, distribute, operate, support and promote your Developer Product, use the Developer Tools and enter into these Developer Terms; and (c) your Developer Product, its contemplated use and your use of the Developer Tools will not violate the intellectual property or other rights of others, or violate any laws.
4.1. Complying With Our Policies. Any use of the Developer Tools must comply with the Knowbly policies and requirements set forth in the Services or other documentation provided by Knowbly, which may be modified from time to time.
4.2. Prohibited Actions. You, your use of the Developer Tools and your Developer Product may not, and may not attempt to, do any of the following:
4.2.2. Access or attempt to access the Developer Tools by means other than as described in the documentation provided by Knowbly. If you are assigned developer credentials (e.g., client IDs), you must use them with the applicable Developer Tools and cannot misrepresent or mask either your identity or your client’s identity when using the Developer Tools.
4.2.3. Mislead, confuse or surprise Your Users. For example, your Developer Product should be transparent with Your Users about what it does, and you should obtain Your Users’ consent to: (a) modify Your Users’ account settings, data or device; (b) store or share Your Users’ content; or (c) attempt to gain any rights to Your Users’ content.
4.2.4. Violate any applicable laws, regulations and third party rights (including without limitation laws regarding the import or export of data or software, privacy and local laws) related to your use of the Developer Tools.
If we believe, in our sole discretion, that you have violated or attempted to violate any term, condition or the spirit of any of these rules, your license to and ability to use and access the Developer Tools may be temporarily or permanently revoked, with or without notice.
4.3. Usage Limits. Knowbly sets and enforces limits on your use of the Developer Tools (e.g., limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You may not, and may not attempt to, circumvent such limits.
Our Developer Tools may be integrated with various Third Party Services. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. If you or Your Users access any Third Party Services, you do so at your own risk. You also agree that Knowbly may, at any time and at its sole discretion, and with or without notice, suspend, disable access to or remove any Third Party Services, without any liability to you. The Services also may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and are not liable for those sites.
You may be given access to certain non-public information, software, and specifications related to the Developer Tools (“Confidential Information”), which is confidential and proprietary to Knowbly. You may use this Confidential Information only as necessary in exercising your rights granted in these Developer Terms. You may not disclose any of this Confidential Information to any third party without Knowbly’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature, and in no event with less than a reasonable degree of care.
We love hearing from developers and we’re always interested in learning about ways we can improve Knowbly. If you choose to submit feedback, ideas or suggestions, you agree that we are free to use them without any restriction or obligation to you.
You may stop using our Developer Tools at any time, with or without cause or notice. Knowbly may terminate or suspend the Developer Tools or these Developer Terms, or your access to the Developer Tools, at any time, for any reason, with or without notice. Upon any termination or suspension of access, you may lose access to content, materials or other information that you provided to Knowbly related to your Developer Product or through the Developer Tools. Upon termination, you continue to be bound by Sections 2, 4.2, 5-12 and 14 of these Developer Terms.
To the fullest extent permitted by law, Knowbly makes no warranties, either express or implied, about the Developer Tools. The Developer Tools are provided “as is.” Knowbly also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Knowbly shall create any warranty. Knowbly makes no warranty or representation that the Developer Tools will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Our Developer Tools are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.
To the fullest extent permitted by law, in no event will Knowbly be liable with respect to any claims arising out of or related to the Developer Tools or these Developer Terms for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Developer Tools, including without limitation interruption of use or cessation or modification of any aspect of the Developer Tools; (d) any damages related to loss or corruption of any content or data, including without limitation User Content and Developer Product data; (e) any User Content or other conduct or content of any user or third party using the Developer Tools, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Developer Tools. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Knowbly has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of Knowbly for all claims arising out of or related to the Developer Tools and these Developer Terms exceed the greater of twenty dollars ($20) or the amounts paid by you to Knowbly in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
To the fullest extent permitted by law, you agree to indemnify and hold harmless Knowbly from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of these Developer Terms; (b) your Developer Products; (c) any claims from Your Users; and (d) your violation of any law or regulation or the rights of any third party.
These Developer Terms and the Developer Tools shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions. Any claims arising out of or related to the Developer Tools must be brought exclusively in the federal or state courts of San Francisco, California, and you and Knowbly consent to venue and personal jurisdiction in those courts. Any claim arising out of or related to these Developer Terms and the Developer Tools must be brought within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim.
13.1. Modifications To Developer Tools. Our Developer Tools are constantly evolving as we refine, add and potentially remove features with the needs of our users and developers in mind, so please check in regularly to see the latest versions. You acknowledge that any such modifications may have an adverse effect on your Developer Product, including without limitation changing the manner in which it communicates with the Services, and you agree that Knowbly shall not be liable to you in any way for such adverse effect. We’ll try to inform you of any changes with reasonable notice so you can adjust your use of the Developer Tools, but you agree that we’re not under any obligation to do so.
13.2. Modifications To Developer Terms. We may modify these Developer Terms periodically, and we’ll always post the most current version on our site. If a modification meaningfully reduces your rights, we'll notify you in accordance with the procedures set forth in our Terms of Service.