Cisco Spark for Developers Terms of Service

The Cisco Spark for Developers Terms of Service ("Terms of Service") govern your access to and use of the Cisco Spark for Developers site ("Site"), submission of your integrations and bots ("Apps") for listing at the Cisco Spark Depot site ("Depot Site") and the online Services (as defined below) provided at the Site. By accessing and using the Site and Services, you accept and agree to be bound by the Terms of Service with Cisco Systems, Inc. ("Cisco"). If you are accepting the Terms of Service on behalf of an entity, you represent that you have the authority to do so (either you or the entity, "You").

1. Cisco Spark for Developers

The Cisco Spark for Developers Site available at https://developer.ciscospark.com/index.html is a site developed by Cisco to provide users of Cisco Spark https://www.ciscospark.com with Cisco Spark SDKs, Widgets, APIs, apps, guides and other Spark resources ("Services").You can use Services to do a number of things, such as: develop integrations to connect other tools to or build packaged solutions for Cisco Spark, create chatbots, manage Spark programmatically, embed Cisco Spark in your web or mobile application, and more. You can submit your Apps in the Site for Cisco's review and brief testing for compatibility with Spark, and if approved by Cisco, listing at the Cisco Spark Depot.

2. Cisco Spark Depot

The Cisco Spark Depot available at https://depot.ciscospark.com is a site hosted by Cisco to promote Apps, approved by Cisco, and make them available from both mobile and desktop Spark client apps. Besides testing for compatibility with Spark, Cisco does not perform any other testing and does not warrant or support the Apps. Cisco Spark users can access your Apps from the Depot Site subject to your terms of service, privacy policy and support information that You have to provide to Cisco and maintain for posting with your Apps on the Depot Site.

3. Licenses

3.1 Your use of the Cisco Spark SDKs and Widgets available at https://developer.ciscospark.com/sdks-and-widgets.html shall be subject to the MIT License located at https://github.com/ciscospark/spark-java-sdk/blob/master/LICENSE.

3.2 Cisco Spark APIs and associated documentation ("Spark APIs") are available at https://developer.ciscospark.com. Cisco grants You a non-exclusive, non-transferable, non-sublicensable license to use Spark APIs to develop your Apps.

3.3 By submitting your Apps to Depot Site, You grant Cisco a worldwide, royalty-free, sublicenseable license to: (a) review and test your Apps, (b) list and make your Apps available at the Depot Site, (c) remove your Apps from the Depot Site for violations of the Terms of Services, and (d) use the trade names, trademarks, service marks, logos and domain names posted with your Apps at the Depot Site ("Your Names") while your App is listed at the Depot Site.

4. Data

Any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, profile information and anything else entered or uploaded into the Services by a user of the Services means ("Data"). Cisco will use all Data You or anyone acting on your behalf provides or transfers to Cisco for any purpose in connection with your use of the Site and Services ("Your Data") and usage statistics from the Depot Site about your App in accordance with these Terms of Service and Cisco Online Privacy Statement located at http://www.cisco.com/c/en/us/about/legal/privacy-full.html

5. Ownership

Cisco owns all right, title and interest, including all intellectual property rights in and to Site and Services, any Data owned by or licensed to Cisco ("Cisco Data") except for Your Data and Data of other users of the Site and Services ("Others' Data"). As between us, You have the necessary rights and licenses to, or You own all right, title and interest, including all intellectual property rights in and to your Apps, Your Names and Your Data.

6. Trademarks

Cisco™ , Cisco Spark™ , and the Cisco Spark logo are trademarks and/or registered trademarks of Cisco and/or its affiliates. All third party trademarks and logos referenced are property of their respective owners. The appearance of third party trademarks on the Site does not constitute an endorsement, sponsorship or recommendation thereof by Cisco or its affiliates.

7. Feedback

By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to Cisco, You acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Cisco is under no obligation of confidentiality, express or implied, with respect to the Feedback; (c) Cisco shall be entitled to use or disclose such Feedback for any purpose, in any way, in any media, worldwide; (d) Cisco may already be developing a solution or solution component related to the Feedback; (e) your Feedback becomes the property of Cisco without any obligation to You; and (f) You are not entitled to any compensation for such Feedback.

8. Your Obligations

8.1 Your use of the Site and the Services is subject to compliance with Cisco Cloud Services Acceptable Use Policy http://www.cisco.com/c/en/us/about/legal/end-user-license-and-cloud-terms/cloud-services-acceptable-use-policy.html

8.2 You may not use the Site or the Services to advertise, promote, endorse or market, directly or indirectly, any products, services, offerings, solutions or other technologies that, in Cisco's sole discretion, compete with the products, services, offerings, solutions or technologies of Cisco.

8.3 You will not sell, resell, distribute, rent or lease the Services, include the Services in an outsourced or service bureau offering, or otherwise commercialize the Services.

8.4 You may not use any Cisco Data or Others' Data from Site or Services in any advertisements or for purposes of targeting advertisements.

8.5 You may not use contact information of other users of the Site and Services to contact such users outside of Site or Services without their consent.

8.6 You represent and warrant that You own or have the necessary rights and licenses to your Apps, Your Names and Your Content to be used by Cisco as provided under these Terms of Service.

8.7 You are 13 years or older.

8.8 Your use of the Site and Services and your App comply with all applicable laws and will not violate any applicable law or regulation, of any country in which your App is made available, or rights of any third party, including but not limited to privacy, publicity or intellectual property rights.

8.9 You acknowledge and agree that Cisco does not certify, warrant or support your App and You represent and warrant that You will not make any statements to the contrary that imply an endorsement, certification, warranty or support of your App by Cisco or your affiliation or partnership with Cisco.

8.10 If any portion of the Site or Services requires You to register, You will provide true and accurate information in your user profile.

8.11 You are solely responsible for your interactions with other users of the Site and Services.

8.12 Your privacy policy must meet applicable legal standards and accurately describe the collection, use, storage and sharing of data.

8.13 When using Guest Issuer (ability to allow guest access) along with Cisco Spark SDKs and/or Widgets, You may enable communications between guests (non Cisco Spark users) and Cisco Spark paid subscribers only. Enabling communication among guests and between guests and/or Cisco Spark free users is prohibited.

9. Cisco's Rights

9.1 Cisco may modify or terminate the Services or stop maintaining the Site at any time and without notice.

9.2 Cisco may immediately suspend or terminate your access to the Site and remove your Apps from the Depot Site if You violate or otherwise fail to comply with these Terms of Service.

9.3 Cisco may amend the Terms of Service from time to time. If You do not agree with such changes, You should discontinue using the Site and Services and remove all your Apps from the Depot Site. Your continued use of the Site and the Services and listing of your Apps on the Depot Site will mean that You agree to such changes to the Terms of Service.

9.4 Cisco is not responsible for anything submitted by You or other users to the Site or for modifying or removing Your Data or Others' Data from the Site. Cisco is not responsible for your conduct or the conduct of any other user of the Site and Services.

10. Support

Cisco's Spark Developer Support team is available 24/7 to help You with Developer Services. There are two ways to get support. If your question is private or You have sensitive logs to share, email via devsupport@ciscospark.com may be the best option. Otherwise, Cisco has a Spark space with Spark Developer Support team and other community members ready to help You out https://developer.ciscospark.com/support.html.

11. Disclaimer of Warranties

CISCO PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, AND ACCURACY, ARE HEREBY EXCLUDED AND EXPRESSLY DISCLAIMED BY CISCO. CISCO DOES NOT WARRANT THAT THE SITE AND SERVICES ARE SUITABLE FOR YOUR USE, AND NO SERVICES THAT YOU RECEIVE FROM THE SITE SHALL CREATE ANY WARRANTY.

12. Indemnity

You agree to defend, indemnify and hold Cisco, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, action or demand (including reasonable attorneys' fees) any third party may have arising out of or related to: your use of the Site or Services, your breach of these Terms of Service, your App and Your Data.

13. Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CISCO'S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND UNITED STATES DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Term and Termination

The Terms of Service start on the date You begin using the Site and Services and end when your use of the Site and Services are discontinued and your Apps are removed from the Depot Site. The following Sections survive any termination of these Terms of Service: 4-9 and 11-15.

15. General

These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, excluding its conflict of laws provisions. If any provision of this License is judged illegal, invalid, or otherwise unenforceable, that provision shall be severed and the rest of these Terms of Service shall remain in full force and effect. No failure by Cisco to enforce any of its rights related to the Site or Services or to a breach of these Terms of Service in a particular situation will act as a waiver of such rights.