Developer Terms of Service Effective as of
- 1. Registration and Acceptance
- 2. Distribution of Developer Applications
- 3. Market Themestore
- 4. Anamo Independent Development
- 5. Pre-Release Materials
- 6. Ownership and Feedback
- 7. Your Representations and Warranties
- 8. Customer Data
- 9. Trademarks
- 10. Disclaimer of Warranties
- 11. Limitation of Liability
- 12. Indemnification
These Anamo Developer Terms of Service (“Developer Terms”) are a legal agreement between you (“you,” “your”) and Anamo, Inc. (“Anamo,” “we,” “our” or “us”) governing your use of Anamo’s software development kit files (SDKs), tools, programs and utilities, as well as any plug-in or other application programming interfaces (“APIs”), sample code (including runtimes and libraries) and related documentation (collectively the “Developer Tools”). By using the Developer Tools, and related materials made available to you, you agree to be bound by these Developer Terms and any documentation and guidelines accompanying the Developer Tools, the General Terms of Service, the Privacy Notice, and all other terms, policies, and guidelines applicable to your use, including but not limited to, the Payment Terms if you accept payments through Anamo.
If you do not understand any of the terms of this Agreement, please contact us before using the Developer Tools.
You may not access or use any Developer Tools unless you agree to abide by all of the terms and conditions in this Agreement.
To access the Developer Tools, you must follow the registration process established by Anamo. You will be provided access to the Developer Tools subject to review of the information provided by you and will be at Anamo’s sole and absolute discretion.
Subject to the terms and conditions set forth herein, Anamo grants to you a revocable, non - transferable, non - exclusive and non - sublicenseable limited license to use the Developer Tools to create the Applications. If there are license terms accompanying specific Developer Tools, such license terms shall apply and to the extent there is any conflict with the terms herein, such accompanying license terms shall control.
The Applications that you develop can be shared either privately or through the Market Themestore available at anamo.market/themestore. You have the right to distribute your Applications for free or charge a fee for it. If you choose to distribute your Applications for a fee, you may do so by creating a pricing plan of your choice. You understand and agree that all payments for purchases of your Applications will be processed through Anamo.
You may submit your Applications for listing on the Market Themestore. Some of the applications listed in the Market Themestore are developed by Anamo. Your Applications will be listed in the Market Themestore only after review and approval by Anamo. You understand that Anamo reserves the right to change the review standards and processes in its sole discretion. Upon successful completion of the review and approval process, the submitted Applications will be published on the Market Themestore.
You represent and warrant that all intellectual property rights in and to the Applications submitted for listing in Market Themestore are duly licensed or owned by you. You specifically warrant that you have not copied the script or logic for the Application from applications developed by other developers.
You are solely responsible for making the license terms of your Applications known to your customers and for entering into suitable agreements with customers in this regard.
If you publish your Application with any data, you represent that such data is duly licensed or owned by you. You also understand that by licensing an Application along with data, you grant your customer a license to use such data.
You agree not to use irrelevant tags, descriptions and screenshots for Applications submitted by you for listing on Market Themestore.
Anamo may feature your Applications in the list of featured Applications. Listing and removal of your Applications from the list of featured items shall be at the sole discretion of Anamo. Anamo may remove your Applications from the list of featured Applications for reasons including, but not limited to, negative review and poor rating.
Anamo may feature you as top developer in the list of top developers. Listing and removal of your name from the list of top developers shall be at the sole discretion of Anamo. Anamo may remove your name from the list of top developers for reasons including, but not limited to, negative review and poor rating.
You acknowledge that other developers may develop and post similar or otherwise competing applications. You agree not to make any intellectual property right infringement claims against such developers with respect to the similar or competing applications independently developed by them.
You may grant your customers the right to modify your Applications. If you permit your Customers to modify the Applications, you are entirely responsible for entering into a suitable agreement with them. You understand that if you close your account, your customers will be allowed to modify the Applications if you have permitted them to do so.
You agree to provide your customers the necessary technical assistance and take best efforts to resolve issues in your Applications.
You agree not to post any Application that may be used for any illegal purpose. You also agree that Anamo may remove Applications that violate Anamo Terms of Service or this Agreement.
You understand and acknowledge that Anamo may be independently creating features, applications, content, products or services that may be similar to or competitive with your Applications and nothing in this Agreement will be construed as restricting or preventing Anamo from doing so.
From time to time, you will have access to pre-release products and technology (“Pre-release Materials”). Pre-release Materials are provided “as is,” exclusive of any warranty or support, and may contain bugs or errors. Pre-release Materials are provided for evaluation and testing purposes and are not intended for production use, may never be made generally available, and may be discontinued at any time. No rights in the Pre-release Materials are granted to you hereunder other than as expressly set forth herein.
You agree not to (i) decompile or disassemble the Pre-release Materials, and (ii) rent, lease, license, sublicense or distribute the Pre-Release Materials.
Anamo owns all rights, title, and interest, including all intellectual property rights in the Developer Tools, Pre-release Materials, Anamo Services, Anamo Trademarks and all related technology, websites and content (collectively, the “Anamo Materials”). Except for the limited use right expressly granted to you under this Agreement, Anamo does not grant you any right, title, or interest in the Anamo Materials. You retain ownership of any intellectual property rights in your Applications, subject to Anamo’s rights in any underlying Anamo Materials. During the term of this Agreement you grant Anamo a fully paid-up, royalty-free, non-exclusive, worldwide, irrevocable, right and license, under all of your intellectual property rights, to use, perform, and display your Application and its content for reviewing the Application and for making your Application available to customers.
You may provide Anamo with comments concerning the Applications, Developer Tools, Pre-release Materials or Market Themestore (collectively, “Feedback”). You hereby grant Anamo all rights, title and ownership of such Feedback (including all intellectual property rights therein), and Anamo may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you.
You are solely responsible for (i) your use of the Development Tools, and (ii) your Applications. You represent and warrant that: (a) you have full power and authority to enter into this Agreement; (b) your Application will not violate any third party rights (including intellectual property rights and rights of privacy or publicity) or any laws, rules, regulations or orders; (c) all information you provide to Anamo is and will be true, accurate and complete; and (d) your Application will not transmit any viruses, worms, malware or other harmful code.
The Developer Tools allow you to develop applications that access or transfer customer data to a third party. This functionality is provided to enable you to develop applications that interoperate with third party services. You shall not misuse the functionality to access or transfer customer data without the customer’s knowledge and explicit consent.
Your use of any of Anamo’s trademarks, logos or trade names (collectively, “Anamo Marks”) must comply with the any guidelines published by Anamo with respect to use of the Anamo Marks. You may not modify or alter the Anamo Marks or use them in a confusing way, including without limitation suggesting any sponsorship or endorsement by Anamo. You may not use the Anamo Marks, or any part thereof, as part of your company name, trademarks or service marks. Anamo may terminate your license to use the Anamo Marks at any time for any or no reason.
THE ANAMO MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. ANAMO AND ITS THIRD PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. ANAMO MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE (A) RELATED TO RELIABILITY, ACCURACY, OR COMPLETENESS OF THE ANAMO MATERIALS, (B) THAT ANAMO WILL CONTINUE TO OFFER THE DEVELOPER MATERIALS OR (C) THAT USE OF ANY ANAMO MATERIALS WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANAMO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL ANAMO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE ANAMO MATERIALS EXCEED THE GREATER OF ONE HUNDRED EUROS (EUR 100).
You agree to indemnify and hold harmless Anamo, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Developer Tools in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to your use of the Developer Tools, except where such use is authorized by Anamo.
You may be given access to certain non-public information, software, and specifications (“Anamo Confidential Information”), which is confidential and proprietary to Anamo. “Anamo Confidential Information” includes, without limitation: (a) Pre-release Materials; and (b) any other information designated in writing by Anamo as “Confidential” or an equivalent designation.
You may use Anamo Confidential Information only as necessary in exercising your rights granted in this Agreement. You agree not to disclose Anamo Confidential Information without Anamo’s prior written consent. You agree that You will protect Anamo Confidential Information from unauthorized use, access, or disclosure in the same manner that you would protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
We may modify the Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to this Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address.
You may terminate your use of the Developer Tools by providing Anamo notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Developer Tools. Your continued use of the Developer Tools after the effective date of any change to the Agreement will be deemed to be your acceptance to the modified Agreement.
This Agreement will remain in effect until terminated. You may terminate this Agreement at any time by providing written notice to Anamo or by ceasing use of and/or access to the Developer Tools. Anamo may terminate this Agreement for any reason or no reason upon ten (10) days’ notice to you. Anamo may also suspend your use of the Developer Tools or terminate this Agreement immediately if you breach this Agreement, if Anamo is required to do so by Law or if Anamo ceases to offer the Developer Tools. You understand that after termination you will have no further access to the Developer Tools, and you must delete any Anamo Confidential Information in your possession. Anamo will not be liable to you for any costs, expenses, or damages as a result of the termination of this Agreement.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the European Court of Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Strasbourg and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Anamo may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
This Agreement constitutes the entire agreement between you and Anamo with respect to its subject matter and supersedes and merges all prior proposals, understandings and communications. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. You may not assign, transfer or delegate any right or obligations under this Agreement and any non-permitted assignment is void. Anamo may assign this Agreement and its rights and obligations to any of its affiliates or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities to which this Agreement relate. This Agreement does not create or imply any partnership, agency or joint venture.