Marketplace Terms

These Marketplace Terms constitute an addendum (“Addendum”) to the Terms of Use and regulate further the relation between Text, Inc. (referred to as ”text|”, ”we” or “us” or ”the Company”), Customer and an Application Provider creating Integration according to Developers Terms and/or third-party application integrated with text|. By using text|. Service the Application Provider accepts and shall observe these Marketplace Terms along with Terms of Use of text|.

Definitions

• “Application” means a web-based, mobile, offline or other software application designed to work with the Services and made available to the Customer by Application Provider through Marketplace.

• “Application Provider” refers to both Customers and Developers who offer Applications to other Customers through the Marketplace.

• “Apps Marketplace”/”Marketplace” means an online platform that hosts a variety of applications designed to work seamlessly with Services. Marketplace is available via Apps Marketplace.

• “Integration” means combining or merging two separate software components, an Application and Services API, to interact, communicate, and share data seamlessly and enable the exchange of information, actions, or functionalities between the Application and Services.

• “Publish” means to make Application available for other Customers via Apps Marketplace.

• “Service Data” means any data, including personal data provided  by text| to the Application Provider to enable Application development and maintenance.

• “Subscriber” means a Customer who uses Services and installs an Application from the Apps Marketplace.

• “Services API” means Application Programming Interface and any related source code, documentation, applications, and any other materials or documents provided by text| to enable data transmission between one software and another software.

All remaining definitions used in these Marketplace Terms shall be understood in line with the meaning defined by text| Terms of Use.

General Statements

1. This Addendum regulates duties and responsibilities between text|, Subscriber, Application Provider accessible via Apps Marketplace. Integration may be built by the Application Provider. The Subscriber acknowledges that the Apps Marketplace includes listings for Applications that are created, offered, supported, and maintained by Application Provider - a third party which has no affiliation with text| and as a consequence, text| shall have no responsibility for their actions, omissions, misuse or data safety infringements.

2. Applications available via Apps Marketplace may be free of charge or paid. Such information shall be directly visible in the Apps Marketplace and denoted as a price. text| shall have no responsibility for Application price settlement. Furthermore, the evaluation remains solely in the discretionary power of the Application Provider to Publishing the application via Apps Marketplace.

3. text| shall bear no responsibility for notifying the Subscriber of any upgrades, changes, fixes, or enhancements to any such Applications or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by text| who shall have no responsibility for the reliability or performance of any connections concerning Applications available via Apps Marketplace.

4. By accepting this Addendum, the Subscriber agrees that Customer Data may become available to the Application Provider via Apps Marketplace.  Customer Data may be shared as Service Data and used to the extent necessary to display and transmit it through the Application, to ensure the correct and secure operation of the Application and to provide support to Subscribers and Customers who wish to install an Application from the Apps Marketplace. 

5. By accepting this Addendum, the Subscriber acknowledges and agrees that text| has no control over the Application and is not responsible for obtaining all of the necessary authorizations and approvals and all consents and rights necessary under Data Protection Laws to enter, use, provide, store, and process Service Data in the Application. The Subscriber is responsible for obtaining all of the necessary consent and other authorizations required by Data Protection Laws to process Service Data, including Customer Data in the Application.

6. The Application Provider has an obligation to comply with applicable national and international laws. text| shall have no liability for violations by Application Provider of any laws or any rights of third parties including individual, intellectual property, and consumer rights resulting from the Application Provider’s actions.

Responsibilities and Conditions of Application Provider and third-party Applications

1. By using the App Marketplace, the Subscriber acknowledges and agrees that the Application available through it is created, offered, supported, and maintained by Application Provider. The Subscriber also acknowledges that it has read the terms of use and privacy policies as provided by the Application Provider as these will govern the Subscriber’s use of the Application. The user acknowledges and agrees to bear all risks associated with using an Application.

2. The Application Provider has the right to enforce the terms of use and privacy policy in connection with an Application against the Subscriber. text| is not a party to these terms of use  and privacy policy.

3. text| has no responsibility for an Application, including downtime, fluency issues, errors, service delivery delays, viruses, or malware content transferred via the Application. All complaints or requests concerning the Application and its functionality shall be reported to the Application Provider. text| facilitates such contact by the “Contact Developer” function available via Apps Marketplace. Furthermore, text| has no responsibility for any infringements towards third parties, trademarks, intellectual property, or any other rights caused by or via Application present in the Marketplace.

4. Application Provider is the licensor of the Application and text| has no affiliate relation or shared responsibility with the Application Provider of any kind.

5. Except as otherwise limited by any terms of use and privacy policy of Application imposed or required by Application Provider, Application Provider grants text| a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license to access, deploy, use and integrate the Application.

6. The Subscriber acknowledges that any information that Application Provider collects, stores, and processes from the Subscriber or the systems the Subscriber uses to access the Application, including Service Data or any Personal Data associated with the Subscriber’s account (license) created at text| shall remain within the full control of the Application Provider. text| shall have no responsibility for processing conducted by the Application Provider.

7. The Subscriber acknowledges and authorizes text| to provide Application Provider with any information provided by the Subscriber as requested by Application Provider in connection with a deployment or access of one or more Application (including, without limitation name, company name (if any), addresses (including e-mail address) and phone number, chat content) by the Application Provider.

8. The Subscriber acknowledges that by installing the Application it agrees that data related to its Subscriber’s account at text| (license) will be also administered by an Application Provider not affiliated with text|.

9. text| shall provide no maintenance service which goes beyond Apps Marketplace availability. In case of Apps Marketplace errors or difficulties, any inquiry shall be reported via marketplace@text.com. In case of any Application issues, the Subscriber shall use “Contact Developer” form available via Apps Marketplace.

10. Under no circumstances shall text| have any liability towards Subscriber, any third party, or Application Provider for any applications published on Apps Marketplace. In particular, text| does not give any representation or warranty to the availability, accuracy, security, accessibility, integrity and continuity of the published applications or any portion of it.

11. text| is not responsible for notifying the Subscriber of any updates or enhancements of the Application which are operated and controlled by the Application Provider.

text| as a developer

Some apps available in the Apps Marketplace can be developed directly by the Company. In such cases, the apps developed by text| are part of the Service in accordance with the provisions of the Terms of Use. Company does not act as a Developer.

Refund Policy

1. The Company provides no refunds or credits for unused time of the Services or plans downgrades if the Subscriber decides to close the account (license) before the end of the Subscriber’s subscription period. Furthermore, text| does not offer refunds on already processed payments – this policy is the same for all Subscribers – and the Subscriber is responsible for all charges in the subscription or Application purchase. Complaints regarding refunds concerning Applications accessible via Apps Marketplace shall be reported via “Contact Developer” form directly to the Application Provider responsible for the Application in question.

Termination

1. Subscriber’s rights under these Marketplace Terms will automatically terminate without notice from text| if the Subscriber fails to comply with these Marketplace Terms or fails to comply with any other applicable law. In case of such termination, the Subscriber must cease using the App Marketplace and the Applications, and text| shall be entitled to revoke Subscriber’s access to the App Marketplace and Applications immediately without notice and without refund of any fees.