APP DIRECTORY TOS
Last Modified: September 20, 2022
The following terms (“App Directory Terms”) shall apply in addition to the Hootsuite Terms of Service (as defined below) and govern your access and use of the Hootsuite App Directory and any Apps.
Any terms that are capitalized and not defined in these additional terms shall have the meanings defined in the Hootsuite Terms of Service.
1. Key Definitions
“Account” means your subscription to the Hootsuite Services.
"App" means any software application that you access or that is made available to you via the App Directory, and includes any updates or other changes to the App.
“App Directory” means Hootsuite’s online directory for Apps, accessible through the Hootsuite Services and at http://apps.hootsuite.com/.
“Hootsuite App'' means an App that is owned and offered by Hootsuite.
“Hootsuite Services” means the products and services made available to you by Hootsuite, but expressly excluding any Third-Party Apps or Third-Party Services.
“Hootsuite Terms of Service” means, as applicable, the Hootsuite Enterprise Terms of Service published at https://hootsuite.com/enterpriseterms, the Hootsuite Terms of Service published at https://hootsuite.com/legal/terms, and/or the other agreement governing your use of and access to the Hootsuite Services.
“Third-Party App” means an App that is owned and offered by someone other than Hootsuite.
“Third-Party Developer” means the owner of a Third-Party App.
2. License & IP Rights
Subject to your compliance with these App Directory Terms and payment of any required fees, Hootsuite grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App Directory and the Apps. Subject only to the foregoing, (a) Hootsuite owns all right, title, and interest, including all intellectual property rights, in and to the App Directory and the Hootsuite Apps, and (b) each Third-Party Developer owns all right, title, and interest, including all intellectual property rights, in and to the applicable Third-Party App.
3. Third-Party Apps
Any use of a Third-Party App by you, including any terms that apply between you and the applicable Third-Party Developer or any exchange of data between you and the applicable Third-Party Developer, is solely between you and the applicable Third-Party Developer. YOU ACKNOWLEDGE AND AGREE THAT HOOTSUITE DOES NOT OWN, PROVIDE, MAINTAIN, SUPPORT OR WARRANT THIRD-PARTY APPS AND THAT HOOTSUITE IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY APPS OR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY DEVELOPERS. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THIRD-PARTY APPS. Any failure by a Third-Party Developer to provide services, support or maintenance in respect of a Third-Party App will not entitle you to any refund of fees paid, if any, for Third-Party App or the Hootsuite Services.
4. Hootsuite Apps
4.1 No Warranties. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THE HOOTSUITE TERMS, HOOTSUITE PROVIDES THE HOOTSUITE APPS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND AND, TO THE GREATEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF FUNCTIONALITY, DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT, THAT THE HOOTSUITE APPS WILL MEET YOUR REQUIREMENTS OR THAT THE HOOTSUITE APPS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY HOOTSUITE APPS.
4.2 Integration with Third-Party Services. Certain Hootsuite Apps are specifically designed to interoperate with Third-Party Services. YOU ACKNOWLEDGE AND AGREE THAT HOOTSUITE DOES NOT OWN, PROVIDE, MAINTAIN, SUPPORT OR WARRANT THIRD-PARTY SERVICES AND THAT HOOTSUITE IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY SERVICES OR THE ACTS OR OMISSIONS OF ANY PROVIDER OF THIRD-PARTY SERVICES. YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THIRD-PARTY SERVICES. Any failure by providers of Third-Party Services to provide services, support or maintenance in respect of the applicable Third-Party Service will not entitle you to any refund of fees paid, if any, for Hootsuite Apps or the Hootsuite Services.
5. Transfers and Use of Data Outside of Hootsuite
5.2 Restrictions on Use of Data Outside of Hootsuite. You expressly acknowledge and agree that you are solely responsible for your and your service providers’ (including but not limited to any Third-Party App or Third-Party Service that you use) compliance with the restrictions and requirements set out in the Acceptable Use Rules for use outside of Hootsuite of any data accessed or obtained through Hootsuite from a Social Network or other Third-Party Service.
If Hootsuite reasonably believes that you have breached these App Directory Terms or the Hootsuite Terms of Service, Hootsuite may suspend your access to the Apps and the App Directory without notice and without refund of any fees.
Hootsuite may modify the App Directory or any App, including your access to it, in Hootsuite’s sole discretion, without providing you with notice or any refund, credit, or other compensation. This includes, for example but without limitation, (a) adding and removing Apps, (b) changing the status of Apps from free to paid, and (c) removing functionality in the Hootsuite Services to interoperate with Third-Party Apps or removing functionality in Hootsuite Apps to interoperate with Third-Party Services. If any modification to the App Directory or any App is unacceptable to you, your only recourse is to cease using the App Directory or the applicable App. Your continued use of the App Directory or the applicable App after the effective date of any modifications will be deemed to be your acceptance of such modifications.
Notwithstanding anything in the Hootsuite Terms, these App Directory Terms will prevail to the extent of any conflict with the Hootsuite Terms of Service to the extent applicable to the App Directory, any App, or your access to or use of the App Directory or any App.
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