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Developer – Terms of Use

 

The Developer Terms of Use (“Terms”) create a legally binding agreement between Twixor Pte.Ltd (“Twixor”), and any person or entity that is registered as a developer on the Developer Platform and/or Twixor’s marketplace and in whose name the Developer Account is held (“ Developer”).

These Terms govern the Developer’s use and access to the Developer Platform and any other website provided by Twixor through the Developer Platform. In the event of a conflict between these Terms and any other terms of service of Twixor, these Terms will prevail but only with respect to the Developer’s use and access to the Developer Platform.

By using the Developer Platform, the Developer acknowledges that they have read, accepted, and agreed to be bound by these Terms.  Developer warrants to Twixor that a) they have the legal capacity and are competent to enter into this agreement; b) in the event the Developer is entering into these Terms on behalf of any entity/company or its group, the Developer possesses the requisite authority to bind such entities, company or its groups to these Terms. If the Developer does not accept to be bound by these Terms, Developer should immediately cease any further use of the Developer Platform.

Twixor may update these Terms from time to time and the Developers will be bound by the then-current Terms. If the Developer does not agree with the then-current Terms, the sole remedy that is available to the Developers is to terminate the Developer’s Account. The continued use of the Developer Platform will be deemed as Developer’s acceptance of the then-current Terms.

Twixor and the Developer will be individually referred to as “Party” and collectively as “Parties”.

 

  1. DEVELOPER’S RIGHTS:
  • At Twixors’ sole discretion, Twixor reserves the right to suspend or revoke Developer’s limited license under clause 1.1 at any time without notice, including if the usage restriction prescribed by Twixor for using the Developer Platform is exceeded. .
  1. DEVELOPER’S OBLIGATIONS: 
  • Developer Account: Developer shall sign in with the workflow dashboard and create a Developer Account to use and access the Developer Platform. Developer needs to provide accurate and true information as may be required by Twixor at the time of the creation of the Developer Account. If Twixor has grounds to suspect that either a Developer Account is untrue, inaccurate, fraudulent, misleading, or materially incomplete, Twixor may suspend or terminate the Developer Account at its discretion. It is each Developer’s responsibility to maintain the confidentiality of the Developer Account login credentials and not share such login credentials. Developer is responsible for all activities that occur within the Developer Account.
  • Acceptable use: Developer agrees not to  (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, disassemble, reverse engineer, decompile or make the Developer Platform available to any third party, other than in furtherance of the creation and development of the Bot as expressly permitted by these Terms; (b) copy, modify, adapt, or hack the Developer Platform or otherwise attempt to gain or gain unauthorized access to the Developer Platform or related systems or networks; (a) use the Developer Platform for any illegal purposes including in a manner that infringes the rights (including intellectual property rights) of any third party; (b) use the Developer Platform if the Developer is a competitor of Twixor or for any benchmarking or competitive purposes; (c) interfere with the performance of the Developer Platform including any activity that, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of Twixors’ or any third party; (d) request more than the minimum amount of data from the Developer Platform than is needed by the Bot for the sole purpose of the intended Bot; (e) use the Developer Platform, to store or transmit Sensitive Personal Information; (f) use the Developer Platform, store or transmit end-user data, in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights, export control laws/regulations;  (g) use the Developer Platform to store or transmit any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (h) use the Developer Platform to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; ( “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Developer Platform (through use of manual or automated means);
  • If Twixor informs the Developer that a specified activity or purpose is prohibited with respect to the Developer Platform, Developer will ensure that they immediately cease the use of the Developer Platform for such prohibited activity or purpose.
  1. THIRD-PARTY API:

Developer may also install and use third-party software development kit and/or application programming interfaces (“Third-Party APIs“) along with the applicable available documentation, usage policies, programs, tools, sample or other source code, and materials/content, if any, (“Third-Party Developer Materials“) to develop, test and operate the Bot. Developer understands and agrees that (a) Twixor shall not be liable for Developer’s enablement, access, or use of such Third-party APIs (b) the use of the Third-Party APIs and Third-Party Developer Materials shall be subject to the terms and conditions and privacy policy of such third party.

  1. TWIXOR MARKETPLACE:
  • Developer may create and launch their approved Bots on Twixor’s marketplace for renting, sharing, or selling their Bot to other developers and businesses, as long as their Developer Account is active. Every Bot shall contain the terms of use and privacy policy for governing the access and use of the Bot by the end-users. Twixor has no obligation to monitor or update the terms of use and privacy policy of every Bot. Developer shall be responsible for a) the legality, accuracy, and completeness of any Bot that the Developer develops, b) maintaining physical, and technical safeguards for the protection of the security, confidentiality, and integrity of all end-user data accessed or processed by a Bot; c) providing support to the end-users using their Bot;
  • Each Bot before getting launched on the Twixors’ marketplace needs the approval of Twixor.  The approval process for a Bot may consist of reviews pertaining to quality assurance, source code checks, security vulnerabilities, permissions, and content of the proposed Bot. As part of Twixors’ approval process for a potential Bot, the Developer grants Twixor the right to review, evaluate and share on a confidential basis, all copies and materials pertaining to the proposed Bot with authorized third parties that Twixor may work with for the purpose of evaluating the quality, security, performance, or functionality of the Bot and/or the Twixor marketplace. In the course of the approval, Twixor may suggest a few changes or modifications to the Bot as a condition for getting the Bot launched on the Bot Twixor marketplace. If the Developer makes any material modification to the Bot that substantially or detrimentally might modify the quality, security, performance, or functionality of the Bot, the Developer needs to get a reapproval for the modified Bot. If the Developer does not comply with Twixors’ suggestions, recommendations, or other requirements on which approval for publication is conditioned, Twixor may, at its discretion, choose not to permit the Developer to launch the Bot in the Twixors’ marketplace. All information exchanged between Twixor and Developer pertaining to the approval process in this Section is the Confidential Information of the disclosing
  • Removal of Bot from Twixors’ Marketplace: Twixor may at any time at its discretion, remove any such Bot from Twixors’ marketplace, with or without notice to Developer (but Twixor will use reasonable efforts to communicate such removal): (a) if the Bot does not comply with or meet Twixors’ minimum quality, security, performance or functionality standards, (b) if Twixor knows or reasonably suspects that Developer is engaged in any activity in breach of these Terms or the terms governing any Third-Party Developer Materials used to develop the Bot, (c) if Developer discontinues the Bot or ceases the provision of either maintenance or support for the Bot, (d) if Developer fails to respond to Twixor within 10 days from the date of receipt of any communication from Twixor pertaining to the Bot (e) Developer closes its Developer Account or if the Developer Account is otherwise terminated in accordance with the termination provisions of these Terms.
  1. UPDATES AND AVAILABILITY: 
  • Updates: Twixor reserves the right to provide any enhancements, add new features or update the Developer Platform and/or the Twixor Developer Materials (“ Updates”) with or without any notice or liability to the Developer. The Updates shall also be subject to these Terms and Twixor shall have the right to deploy Updates at any time.
  • The Developer Platform may temporarily be unavailable due to scheduled downtime for upgrades and maintenance in which case Twixor shall use commercially reasonable endeavors to notify the Developer in advance.
  1. INTELLECTUAL PROPERTY RIGHTS: 
  • Except for the rights expressly granted to the Developer under these Terms, all rights, title, and interest in including all Intellectual Property Rights related to a) the Developer Platform, b) the Twixor Developer Materials and c) the Twixor Marks shall belong to and remain exclusively with Twixor.
  • Developer shall own all rights, title, and interest in, including all Intellectual Property Rights to the Bots created by them and the Developer’s name, logo, and marks on the Bots belong to and remain exclusively with the Developer.
  • Developer grants Twixor a royalty-free license and right to reproduce, use, store, transmit, display, access, perform, distribute, modify and analyze the Bot in connection with making it available on Twixors’ marketplace.
  • Developer shall only use the name, logo, or such other names or logos used by Twixor (“Twixor Marks“) to refer to the Developer Platform or Twixors’ marketplace to identify itself as a Developer or a Twixors’ marketplace user; provided that Developer does not claim or attempt to claim, now or in the future, any rights in the Twixor Marks, degrade the distinctiveness of the Twixor Marks, or use the Twixor Marks to disparage or misrepresent Twixor, its services or products.
  • Twixor shall have a perpetual right and license to incorporate into the Developer Platform or otherwise use any suggestions, enhancement requests, recommendations, posts, or other feedback it receives from the developer community forum (“Community Forum”).
  • Developer owns the rights to the Developer Data that is available on the Developer Platform. Twixor does not claim ownership over such Developer Data. Developer grants Twixor a royalty-free license and right to use the Developer Data solely to provide, support, maintain and improve the Developer Platform..
  • All rights not expressly provided to the Developer are reserved.

7.

  • Twixor shall collect payments for the Sales directly from the end-users on behalf of the Developer. Upon which Twixor shall pay the Developer an amount equal to [●]% of the monthly revenue derived from the usage of the Bot by the end-users in the previous month (“ Commission”). The Commission shall be paid only when Twixor receives the full and final payment for a Sale. “Sale” shall include initial or renewal sale, subscription, or license of a Bot through Twixors’ marketplace and excludes any transaction where access to said Bot is at no charge.
  • Twixor shall provide the Developer with a statement of commission within [●] days after the end of the calendar month. Developer agrees to provide written notification of all disputes it may have regarding the statement of commission within five (5) days of receipt of the statement and any dispute for which the Developer does not provide such notification shall be deemed waived by the Developer.
  • Twixor is entitled to accrue and withhold payments, without interest, until the total amount due to Developer (net of any taxes or other adjustments) is at least [●] or for a period of twelve (12) months, whichever is earlier.
  • Commission payable to the Developer under these Terms are exclusive of taxes and similar assessments. The Developer is responsible for all sales, use, excise taxes, and any other similar taxes, duties, and charges imposed by any governmental or regulatory authority on its business.

 

  1. TERMINATION OR SUSPENSION: 
  • Termination by Developer: Developer at any time elect to terminate the Developer Account or seek removal of a Bot from the Twixors’ marketplace by providing Twixor with a [●] days’ notice. Developer will remain liable for all technical support pertaining to its Bots for such notice period. Twixor reserves the right to terminate the Developer Account earlier if Developer fails to provide the required support during this notice period. Developer shall not allow new end users to install the Bots post receiving the termination notice.
  • Termination by Twixor: In addition to Twixor’s right to take down the Developer’s Bot, Twixor shall also suspend or terminate the access of the Developer to the Developer Platform, if Twixor believes that the Developer has violated these Terms. Twixor will notify the Developer if the Developer’s activities violate these Terms and, at Twixors’ sole discretion, provide Developer with a period of fifteen (15) days (“Cure Period”) to cure or cease such activities. If the Developer fails to cure or cease such activities within said Cure Period or if Twixor believes that such breaches cannot be cured, such Developer’s Account shall be terminated. Twixor also reserves the right to terminate the Developer Account at any time by written notice due to business reasons which shall include discontinuation of the Developer Platform.
  • Effect of Termination: Upon any termination of the Developer Account for any reason, Developer’s access to the Developer Platform, Twixors’ marketplace or Developer Data therein will cease, and Twixor will delete all Developer Data in accordance with Twixor’s data retention policies, provided that Twixor may retain copies or extracts or derivations of data about the Developer Account, Developer’s use of the Developer Platform, Twixors’ marketplace, or the Bot (including, but not limited to transactional information and support information) as necessary for Twixor to comply with contractual obligations owed to end users, or with applicable law, regulation, or auditing standard. Any such data retained by Twixor will continue to be subject to these Terms for the period so retained. Developer acknowledges and agrees that Twixor may, at its option and without liability to Developer, issue notifications to end users pertaining to the unavailability or removal of any Bot, the cessation of support for the Bot, and/or the availability of alternative (including competitive) Bots from third parties offered as substitutes or replacements for a removed Bot. Notwithstanding anything contained anywhere under these Terms or this Section, if Twixor initiates the removal of a Bot from the Twixors’ marketplace, existing end users will be able to continue using the Bot for the longer of (i) 90 days, or (ii) the expiration of the term of the end user’s subscription to the Developer’s Bot (“Continuing Subscription“). Developer must continue to provide any services that are part of the Bot during the Continuing Subscription. Except in cases where termination is legally required or is otherwise necessitated by compelling circumstances, such as fraud or a claim of intellectual property infringement, Twixor will not disable or takedown any Bot prior to the end of the Continuing Subscription.
  1. CONFIDENTIALITY:
  • Each of the Parties will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as each of the Parties protects its own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to the Terms, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under the Terms and shall disclose such Confidential Information solely to those of its respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse such Confidential Information.
  • Developer acknowledges that Twixor shall process Developer Data and other personal data obtained via the Developer Platform and the Twixors’ marketplace only for the purposes of providing, maintaining, operating, supporting, and improving the Platform and in accordance with these Terms, the privacy policy available at https://twixor.com/privacy-policy/ and any other applicable data privacy laws and as part of the direct relationship between Twixor and Developer.  Twixor shall not process Developer Data for any purposes other than what is mentioned in these Terms. Twixor certifies that it understands the restrictions in this clause and will comply with such restrictions.
  • Twixor shall use appropriate technical and organizational measures to protect the Developer Data. The measures used are designed to provide a level of security appropriate to the risk of processing Developer Data. Twixor shall, without undue delay, notify the Developer of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Developer Data processed by Twixor.
  • Developer acknowledges and agrees that Twixor and their group companies may access or disclose information about the Developer, Developer Account, including Developer Data, in order to (a) comply with the law or respond to lawful requests or legal process; or (b) prevent any infringement of group companies’ or their customers’ proprietary rights. Further, at Twixors’ sole discretion, any suspected fraudulent, abusive, or illegal activity by the Developer may be referred to law enforcement authorities
  1. DELETION OF DATA COLLECTED BY THE DEVELOPER THROUGH THE DEVELOPER PLATFORM: 
  • Deletion of Data.Developer will delete all data that the Developer collected through interaction with other applications, and bots on the Developer Platform: (i) upon request from the person or entity from whom the Developer collected such data or from Twixor; (ii) if such data is no longer required; (iii) if the Bot is longer authorized to use the Developer Platform; or (iv) if the person or entity from whom the Developer collected such data is no longer a user of the Developer Platform.
  • Deletion at Termination. Upon termination or expiration of these Terms, Developer will permanently delete all data and any other information that the Developer has stored pursuant to their use of the Developer Platform, except if doing so would cause the Developer to violate any applicable law or obligation imposed by a governmental authority.
  1. INDEMNIFICATION:
  • Indemnification by Developer: Developer will indemnify and hold Twixor harmless against any claim brought by a third party against Twixor, and their respective employees, officers, directors, and agents arising from (i) the Bot infringing any intellectual property or personal right of a third party; (ii) the functionality of, the use of, or the inability to use the Bot, including any claims of product liability or misleading advertising related to the Bot; or (iii) Developer’s use of the Developer Platform and/or Twixors’ marketplace in breach of these Terms provided that (i) Twixor promptly notify the Developer of the threat or notice of such a claim, (ii) Developer has or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim; and (iii) Twixor shall fully cooperate with the Developer in connection therewith. Developer will have no obligation or liability with respect to any such claim arising out of the gross negligence or willful misconduct of Twixor.
  1. DISCLAIMER OF WARRANTIES:
  • THE DEVELOPER PLATFORM, TWIXOR MARKETPLACE, COMMUNITY FORUM, TWIXOR DEVELOPER MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
  • DEVELOPER ACKNOWLEDGES THAT TWIXOR DOES NOT WARRANT THAT THE ACCESS TO THE DEVELOPER PLATFORM, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND TWIXORS’ CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
  1. LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, BUSINESS INTERRUPTION) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWIXOR’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, RELATING TO THE PLATFORM, WILL BE LIMITED TO AN AMOUNT EQUAL TO THE COMMISSION PAID BY TWIXOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, TWIXORS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. MISCELLANEOUS
  • Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the Parties.
  • Assignment:  These Terms and any rights or obligations hereunder may not be assigned by the Developer without Twixors’ prior written consent, whereas Twixor can assign any of its rights and obligations hereunder without the Developer’s prior written consent. These Terms bind, and inure to the benefit of, the Parties and their respective successors and permitted assigns. 
  • Entire Agreement and Revisions: These Terms, including all schedules and online policies incorporated herein by reference, contain the entire agreement and understanding of the Parties and supersede all prior communications, discussions, negotiations, proposed agreements, and all other agreements between them, whether written or oral, concerning the subject matter herein. These Terms may be amended only by a written agreement of the parties and signed by the duly authorized agents of the parties.
  • Force Majeure: Notwithstanding anything to the contrary contained elsewhere, Twixor shall not be liable for the unavailability of the Developer Platform, and/or the Twixor Developer Materials caused by circumstances beyond Twixors’ reasonable control, such as but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Twixors’ reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of Developer Data), or acts undertaken by third parties, including without limitation, distributed denial of service attacks. 
  • Governing Law and Dispute Resolution: These Terms shall be governed by the laws of Singapore. Any dispute, claim, or controversy arising out of or relating to, or connected with these Terms shall be resolved by mediation first, failing which they shall be resolved by final and binding arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) and rules thereunder. The arbitration proceedings shall be in English and conducted by a panel of three (3) arbitrators. Each Party shall appoint an arbitrator and the two arbitrators so appointed shall appoint the third arbitrator in the panel. Judgments upon the final decisions rendered by the arbitrator may be entered in any court of competent jurisdiction. The seat and venue of arbitration shall be Singapore. Judgment on the award may be entered in any court having jurisdiction. 
  • Notices and Consent to Electronic Communications: All notices to be provided by Twixor to Developer under these Terms may be delivered in writing (i) by a nationally recognized overnight delivery service (“Courier”) or to the contact mailing address of the Developer provided by the Developer on the Developer Account page; or (ii) electronic mail to the e-mail address provided for the Developer Account. Twixors’ address for a notice : (i) in writing by Courier is 160 Robinson Road, #23-08 Spore Business Federation Ctr, Singapore 068914, or (ii) by electronic mail is legal@twixor.com. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
  • Publicity Rights: Developer hereby grant Twixor a royalty-free, worldwide, transferable license to use Developer’s trademark or logo to identify the Developer as Twixors’ Developer on its Websites and/or marketing collateral and to include the Developer’s use of the Developer Platform in case studies.
  • Severability; No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in effect. Twixors’ non-exercise of any right under or provision of this Agreement does not constitute a waiver of that right or provision.
  • Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses 6 (Intellectual Property Rights), 4 (Payment), 8.3 (Effect of Termination), 9 (Confidentiality; Security and Data Privacy;), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 12 (Indemnification), 14 (Miscellaneous) and 15 (Definitions) shall survive any termination of these Terms with respect to use of the Developer Platform by the Developer. Termination shall not limit either Party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
  1. DEFINITION:

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:

API: means the application programming interfaces developed, enabled by, or licensed to Twixor that permit access to certain functionality provided by the Developer Platform.

Bot: means any application listed on Twixors’ online marketplace that is created, developed, licensed, or owned by the Developer using the Developer Platform. It also includes any updates, upgrades, and other changes to such chatbots and versions thereof.

Confidential Information: means all information disclosed by one Party to the other Party which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Twixor’s Developer Materials and data collected by the Developer across various applications and Bots on the Developer’s Platform shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is, at the time of disclosure, already in the possession of the receiving party without any obligation of confidentiality; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (e) is independently developed by the receiving party without the use of or reference to the disclosing party’s Confidential Information; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, notify the disclosing party of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.

Developer: means the person or entity (a) who has accepted these Terms or on whose behalf these Terms are accepted, and (b) that is registered as “Developer” on the Developer Platform and/or Twixors’ marketplace, and (c) in whose name the Developer Account is held.

Developer Account: means the account or instances created by or on behalf of the Developer for access and use of the Developer Platform and Twixors’ marketplace.

Developer Data: means all electronic data, text, messages or other materials submitted to the Developer Platform by Developer through the Developer Account and/or the Community Forum or otherwise collected by Twixor pertaining to Developer or its business from public or other lawful means.

Developer Platform: means the platform through which the Developer can get access to all the resources, Twixor Developer Materials, APIs, Community Forum, and Twixors’ marketplace, through which the Developer develops and launches the intended Bot.

Documentation: means any written or electronic documentation, images, video, text, or sounds specifying the functionalities of the Developer Platform provided or made available by Twixor to the Developer or their end-users through the Developer Platform or otherwise.

 

Intellectual Property Rights: means any and all patent rights, copyright rights, trademark rights, trade secret rights, know-how sui generis database rights, and all other intellectual and industrial property rights of any sort throughout the world (including any application therefor and any rights to apply therefor, as well as all rights to pursue remedies for infringement or

violation thereof)

Software: means software provided by Twixor (either by download or access through the internet) that allows the Developer to use any functionality in connection with the Developer Platform.\

Website(s): means the websites owned and operated by Twixor including https://twixor.com/ and http://www.twixor.digital.

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