1.1. This agreement is concluded between Middleware Inc. ("We", "Sender"), being the owner of www.sender.mobi, the mobile app called Sender, and the software for app programming interface, Sender ("Sender API services" or the "Services"); and You, the software developer that want to use Sender API Service ("You", "Developer"). For the purposes of this Agreement, by Sender API Service we mean any interactions between Developer and Sender that involve Developer using the Sender software owned by Middleware Inc., including, but not limited to, interactions via Sender API and SDK Sender.
1.2. Full description of the Sender API Services is provided at sender.mobi/developers
1.3. This Agreement is a legally binding document signed between the Middleware Inc. and You, and it explains Your rights and responsibilities as the user of Sender API Services.
1.4. You have carefully read the terms of this Agreement before using Sender API services and fully agree to the terms and conditions of the Agreement without any exceptions. If You are not willing to be bound by the terms of this Agreement, or don't have the legislative or other rights to sign this Agreement, You may not access or otherwise use any portion of the Sender Services.
1.5. If You have not reached the age required for eligibility to enter into agreements of this kind, You confirm obtaining the legal consent of duly authorized persons, and You are fully capable of observing and complying with the terms of this Agreement. The Services are not intended for persons under the age of 13.
1.6. We reserve all rights not expressly granted to You.
2.1. We offer developers the right to use Sender API services to create services that interact with the Sender Services in any way that does not violate the terms of this Agreement and the Sender EULA (sender.mobi/eula). The developer cannot use the API with direct or indirect intentions to cause damage to the rights of Middleware Inc., the rights of Sender's clients, as well as the legal rights of any third party.
2.2. Usage of the functionality of Sender API Services is allowed, on condition of Your acceptance of the terms of this Agreement and only after Your registration according to the procedure specified by the software for providing the Services.
2.3. We give You the right to use the services, provided that:
2.3. To get started with the API You need to register Your service in the Sender API. Once registered, You will receive Your DeveloperID required for connection to the Sender API.
2.4. You must immediately notify Sender of any case of breach of security or unauthorized use of the received DeveloperID. We are not responsible for the possible consequences of losing the DeveloperID as well as for any losses that may arise as a result of losing the DeveloperID.
2.5. You agree that Sender has the right to monitor Your activity on the use of the API and can collect and analyze the statistics of operations conducted with the use of Sender API Service.
2.6. You agree to organize getting all those interacting with the Sender API services agree with the terms of this agreement on the use of Sender API services, as well as with Sender's End-User Agreement.
2.7. Before using the Sender API Services, Developer must provide Sender experts with their product (App) for testing and approval.
2.8. Requirements for Developer's applications using the Sender API Service:
2.9. An application may be rejected if its purpose is ethically or morally inappropriate.
2.10. The Developer has to provide technical support for the Application as well as provide the users with an easy way of communication on any issues they might have while using the Application.
3.1. We own the intellectual property rights to Sender API Services, design, graphics, and trademarks for goods and services used in Sender.
3.2. After registration we give You the right to use Sender API services under a simple (non-exclusive) non-transferable license within existing functionality.
3.3. You may not rent, lease, loan, sell, distribute or sublicense the software the rights for which are granted by this Agreement.
3.4. You may not copy, decompile, reconstruct, disassemble, attempt to derive the source code, modify, or create derivative works of the Licensed Applications, updates, or any part thereof.
3.5. The license terms apply to any updates that We might offer.
3.6. The Developer that use the Sender API gives Sender the right to use the logo, trademark and/or Developer's business name in marketing and advertising purposes without additional consent of the Developer and without payment of any remuneration for such use.
3.7. By providing Sender employees with the Application for review, You give Sender, under a simple non-exclusive license, free right to use the Application in any ways allowed by the Developer without restriction on the territory.
3.8. Sender may transfer the right to use the Applications to users without restriction on the territory through their sub-license on the terms of the Sender EULA (sender.mobi/eula), concluded between the Sender. You acknowledge that You are familiar with the text of the Agreement and have no objection to the granting Sender the rights of using the Application by the users on the terms of the Agreement.
3.9. You grant Sender the right to use the application without restrictions on the territory in the following ways:
Due to the functional purpose of Sender services You, as well as other users, are given the ability to send text messages, photos, videos, and other similar information. These user messages may be visible to other users of Sender Services. Due to this fact, consider the following.
4.1. You acknowledge and agree that any information provided within the registration procedure can be accessed by other users of the Services.
4.2. You acknowledge that Sender can not guarantee the confidentiality of any data uploaded by users.
4.3. You are responsible for the consequences of placement and publication of any data using our software.
4.4. Considering the information posted by You, You confirm or warrant that You have all necessary rights and permits for placement of information and You empower us to such a publication.
4.5. By placing the information through our software You provide us with a worldwide, non-exclusive, royalty-free license to distribute this information.
4.6. You also grant each user of the Services a non-exclusive license to access the information provided through the Service.
4.7. You agree that You do not violate any restrictions on the use of the Services under this Agreement.
4.8. Sender does not allow for copyright infringement and violation of intellectual property rights by using its Services, in this regard, we reserve the right to remove any information at the request of copyright infringement by a third party. A notice of copyright infringement can be sent by mail either in electronic or written form to our contact data.
4.9. While using Sender Services, You may be exposed to information that may be deemed offensive, indecent or objectionable. Nevertheless, You agree to use the Service at Your own risk and we accept no liability to You for the content that may be deemed offensive, indecent or objectionable.
By accepting the terms and conditions of this Agreement, You confirm and warrant that:
5.1. You have all the necessary rights and authority to sign and execute this Agreement;
5.2. Sender API Service will be used solely for the purposes permitted by this Agreement, according to its provisions and established practice;
5.3. You will not engage in any activities conflicting with or impeding the provision of Sender API services or the work of the relevant equipment;
5.4. Usage of the Sender API Services for Your specific purposes does not violate the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions imposed by applicable law, including without limitation: copyright and related rights, trademarks, service marks and appellations of origin goods, industrial design rights, the right to use images of people; the materials You provide do not contain information and/or images that offend the honor, dignity and business reputation of individuals; that advocate violence, pornography, drugs, racial or ethnic hatred, and You have received all the necessary permissions from the authorized persons due to the use of such materials.
5.5. You hereby warrant that:
By accepting the terms and conditions of this Agreement, You acknowledge and agree that:
6.1. Provisions of the legislation on consumer rights’ protection shall not apply to relations between the parties on rendering of Sender API services.
6.2. The Services are provided on "as is" basis; therefore, You are given no guarantee that:
6.3. Sender is not responsible for any direct or indirect damages arising from developers, customers or third parties as a result of usage or inability to use Sender API Services.
6.4. Sender is not responsible for the actions of developers, customers, or third parties, committed with the help of Sender API.
6.5. All the responsibility for the content of materials and its compliance with the requirements of the applicable laws shall be borne by the person having created these materials and placed the same in the Sender software.
6.6. If the Developer uses Sender API services to interact with Sender customer or other developers that use Sender API services, the parties to such interactions should conclude a separate agreement, the terms of which take into account and do not violate the terms of this Agreement. Sender is not liable for the obligations of the parties in this respect.
6.7. The Developer is responsible to its customers and third parties for its actions while using Sender API services. In particular, it is responsible for ensuring that its actions comply with the law and do not violate the rights and legitimate interests of third parties. The Developer independently and at its own expense agrees to settle all claims of third parties connected with the actions of the Developer using Sender API services and Sender.
6.8. We have no relevance to the materials placed (and broadcasted) by Users and we do not review the content, authenticity and safety of these materials/components thereof, as well as their compliance with the requirements of the applicable laws and availability of the necessary scope of the Users' rights to use the same.
6.9. You may not use Sender API services for:
6.10. Despite a ban, while using Sender API service You may get the materials that You may find offensive or obscene, and in a different form violating applicable law, the rights and/or interests of third parties.
6.11. In case of violation of Your rights connected with provision of Sender services, including the illegal placement of materials by other users, You should inform us. To do this You need to send a written notice to our contact data detailing the circumstances of the violation, and a reference to the materials that violate Your rights
6.12. We reserve the right within 24 hours to remove any materials or temporarily restrict access to them unilaterally and without explanation.
6.13. In case of repeated or gross violation of the terms of this Agreement or any requirements of the law, we reserve the right to block the account of the offending user completely, and to delete it or otherwise limit (stop) the provision of Sender services.
6.14. We bear no responsibility for usage of personal data of the users by anyone.
6.15. Under any circumstances Our liability is limited to the amount of 50 (fifty) US Dollars.
6.16. We reserve the right to change, to suspend, to cancel, or to disconnect the access to the Services at any time without prior notice. In no event we are liable for the cancellation or blocking of the access to our service. We may also impose limits on the use of or access to our service without prior notice or liability.
7.1. This Agreement is valid until the Parties fulfill their obligations in full scope.
7.2. You may terminate Your relations with Sender at any time. If You are using our free service, You can simply stop using the service or uninstall the application.
7.3. We have the right to terminate the Agreement with You if:
7.3.1. You have violated the terms of this Agreement;
7.3.2. Sender reasonably suspects that You have violated the law or any legal rights of third parties, while using the Services;
7.3.3. Sender reasonably suspects that You are using any of our products fraudulently or Your user account is used by any third party by deceptive means;
7.3.4. The Agreement should be terminated because of any changes in the legislation.
7.4. Upon termination of the Agreement, We are required to disconnect Your access to the Services.
7.5. We reserve the right to cancel the account data of users who have been inactive for more than one year.
8.1. This Agreement can be amended by Us unilaterally without prior notice. Amendments shall enter into effect on the date of their publication.
8.2. The current version of this Agreement is available on the Internet at: www.sender.mobi/eula
8.3. You understand and agree that Your acceptance of the terms of this Agreement or use of the Services after the date of publication of amendments constitutes Your acceptance of amended terms and conditions. If You do not agree with the amended terms, You may terminate Your relations with Sender according to the procedure established by this Agreement.
8.4. The Developer bears the risk of a lack of familiarity with the new version of the Agreement.
9.1. You agree to receive the information e-mails from the Administration about important events related to the Services to Your e-mail address stated in Your profile on the Site.
9.2. The Administration is entitled to use the messages to inform the User about performance capabilities of the Sender services’ software.
9.3. This Agreement constitutes the entire agreement between You and Sender and supersedes any prior or concurrent oral or written communications, proposals and representations with regard to the Services.
9.4. You may not assign Your rights and obligations to third parties without the written consent of the Sender.
MIDDLEWARE INC. a company incorporated in United States under registration number 32-0447746, 541 Jefferson Avenue Suite 100, Redwood City, Delaware CA 94063, firstname.lastname@example.org