APP DIRECTORY TOS
updated November 15, 2017
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 Apps available through the Hootsuite Inc. (“Hootsuite” or “we”) App Directory. All 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, content, services, technology, data and other digital materials that you access via the App Directory, and include any updates, upgrades and other changes to the App.
“App Directory” means the online Hootsuite App Directory made available through the Hootsuite Services and at http://appdirectory.hootsuite.com/.
“Customer Content” means all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Hootsuite in connection with your use of the App or the Hootsuite Services, but excluding Customer Information.
“Customer Information” means all information and data submitted to Hootsuite by or on your behalf in connection with the creation and management of your Account.
“Hootsuite App” means an App that is created, offered, supported and maintained by Hootsuite.
“Hootsuite Services” means the products and services that are ordered by you and made available by Hootsuite, but expressly excluding any Third Party Apps and other 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 created, offered, supported and maintained by a Third Party Developer.
“Third Party Developer” means a third party developer unaffiliated with Hootsuite.
“Third Party App Terms” means the terms and conditions governing Third Party Apps.
2. App Directory
2.1 Description. In the App Directory, you can search, browse and/or install Apps for use within your Account. Apps may be available at no charge or for a cost. You are responsible for procuring and maintaining the network connections that connect your network to the App Directory and the Apps, including, but not limited to, “browser” software.
2.2 Third Party Apps. You acknowledge that the App Directory includes listings for Third Party Apps. You acknowledge and agree that, unless otherwise stated, Hootsuite does not own or control the Third Party Developers or the Third Party Apps, and is not responsible or liable for any such Third Party Apps or the acts or omissions of the Third Party Developers under any circumstances. Hootsuite does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Third Party Apps (including without limitation the content contained therein), even if they comply with the App Directory guidelines. You agree that you bear all risks associated with using or relying on Third Party Apps.
b) Third Party Apps.
i) Your use of Third Party Apps will be governed by the Third Party App Terms (if any).
ii) You acknowledge and agree that Third Party Developers are the licensors of their Third Party Apps and Hootsuite is not a party to any Third Party App Terms.
iii) Any data that Third Party Developers collect, store or process from, for or about you, including Customer Content which may flow between the Hootsuite Services and Third Party Apps, will be subject to the applicable Third Party App Terms, Third Party Developers’ privacy notices, or similar terms that Third Party Developers provide to you (if any).
2.4 Support. Any support and maintenance of Third Party Apps will be provided by Third Party Developers, and only to the extent described in any Third Party App Terms or as otherwise communicated to you. You agree and acknowledge that Hootsuite has no responsibility for providing such support and maintenance. Any failure of Third Party Developers to provide services, support or maintenance will not entitle you to any refund of fees paid, if any, for Third Party Apps or the Hootsuite Services.
2.5 Exchange of Customer Information. You hereby authorize Hootsuite to provide to Third Party Developers any Customer Information as requested by the Third Party Developers including, without limitation, Account information such as your name, company name (if any), addresses (including e-mail address) and phone number.
2.6 Exchange of Customer Content with Apps You hereby (i) instruct Hootsuite to provide to Third Party Developers any Customer Content as requested by Third Party Developers and (ii) acknowledge and agree that Apps may be able to obtain access to, store, process or transmit Customer Content outside of the Hootsuite Services, and that such access may result in the disclosure, modification or deletion of Customer Content by those Apps. Hootsuite is not responsible for any transmission, collection, disclosure, modification, use or deletion of Customer Content by or through Third Party Apps. You should only authorize Apps that you trust, and you should understand how and when they will use your data. You may revoke an App’s access to your Account at any time.
2.7 Intellectual Property Rights. Subject only to limited rights to access and use the App Directory as expressly stated herein, all rights, title and interest in and to the App Directory, the Hootsuite Services and the Apps, including all related Intellectual Property Rights, will remain with and belong exclusively to Hootsuite or the applicable Third Party Developer.
3. Term and Termination
3.1 Term. You are subject to these App Directory Terms starting on the date on which you install an App, and will continue to be subject to said terms until you remove all Apps from your Account, or until we terminate your access as described in 3.2 below.
3.2 Termination by Us. We may revoke your access to the Apps and the App Directory without notice and without refund of any fees, if you fail to comply with these App Directory Terms, or with any Hootsuite Terms of Service. In case of such termination, your rights to the App Directory will automatically terminate, and you will cease all use of the App Directory and the Apps.
4. Other Important Terms
4.1 Modifications of the App Directory and these App Directory Terms. We may modify the App Directory and your access to it in our sole discretion, including adding and removing Apps and changing the status of Apps from free to paid. We may change these App Directory Terms or any portion thereof from time to time in our sole discretion. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO CEASE ALL USE OF THE APP DIRECTORY. YOUR USE OF THE APP DIRECTORY AFTER THE EFFECTIVE DATE OF CHANGES WILL BE DEEMED TO BE ACCEPTANCE OF SUCH CHANGES.