HeyJinni Platform Terms
1. Introduction
a. Our Platform is the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enables others, including app developers and website operators, to develop functionality, retrieve data from HeyJinni or provide data to us.
b. To use Platform (including to Process any Platform Data), you agree to these Platform Terms (“Terms”), as well as all other HeyJinni terms and policies.
c. You must also comply with the applicable requirements made available on our Developer Site,
d. These Terms will start on the earlier of the date you accept them or otherwise start accessing or using Platform, and will continue until you stop accessing and using Platform, unless ended earlier as described below. If you are accepting these Terms or accessing or using Platform on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and you agree on behalf of such entity to be bound by these Terms (and for clarity, all other references to “you” in these Terms refer to such entity).
e. If you fail to comply with these Terms or any other applicable terms or policies, we may suspend or terminate your App or account, as described below.
2. Intellectual Property Rights
a. Our License to You. Subject to your compliance with these Terms and all other applicable terms and policies, we grant you a limited, non-exclusive, non-sublicensable (except to Service Providers as described below), non-transferable, non-assignable license to use, access, and integrate with Platform, but only to the extent permitted in these Terms and all other applicable terms and policies. You will not sell, transfer, or sublicense Platform to anyone. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Platform or any aspect thereof. HeyJinni reserve all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.
b. Your License to Us
i. Your Content:
1. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, and other content made available by you or on your behalf (including by your Service Providers or through your App) in connection with Platform (collectively, “Your Content”) for any business purpose in connection with operating, providing, or improving Platform or any other HeyJinni product. This license remains in effect even if you stop using Platform. Without limitation, your license to us includes: the right to incorporate Your Content into other parts of HeyJinni products, the right to attribute the source of Your Content using your name, trademarks, or logos; the right to use Your Content for promotional purposes, and the right to analyze Your Content (including to make sure you’re complying with these Terms and all other applicable terms and policies).
2. If you owned Your Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms or any other applicable terms or policies and any access you provide to others by sharing it via Platform.
ii. Your App:
1. You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your App for any business purpose in connection with operating, providing, or improving Platform. This license remains in effect even if you stop using Platform. Without limitation, the foregoing license includes the right to frame or link to your App, to place content (including ads) around your App, and to analyze your App (including to assess your compliance with these Terms and all other applicable terms and policies).
2. As between the parties, in connection with Platform, we won’t be subject to any terms or policies associated with your App or Your Content (even if we click or tap agreement). Those terms and policies are considered null and void and are rejected and excluded from these Terms.
3. Nothing in these Terms will be interpreted as a representation or agreement that we will not develop or have not developed apps, products, features, or services that are similar to your App or compete with your App.
iii. Your Name, Trademarks, and Logos: You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use your name, trademarks, and logos for distribution, marketing, and promotional purposes, in connection with your use of HeyJinni in all its forms, formats and media. This license remains in effect for existing materials and instances even if you stop using Platform.
c. Protecting the Rights of Others
i. You will not provide or promote content in your App that infringes upon or otherwise violates the rights of any person or third party.
ii. You will obtain (and represent and warrant that you own or have secured) all rights necessary from all applicable rights holders to (1) grant the licenses, rights, and permissions in these Terms (including those in Section 2.b (“Your License to Us”)); (2) display, distribute, and deliver all information, data, and other content in your App; and (3) otherwise operate your App. This includes satisfying all licensing, reporting, and payout obligations to third parties.
iii. If your App contains content submitted or provided by your Users or other third parties, you must have an appropriate notice and takedown process and otherwise comply with all applicable laws and regulations to respond to notices of claimed infringement. Without limiting that compliance, in the United States, you must comply with all requirements of the Digital Millennium Copyright Act.
3. Data Use
a. Prohibited Practices. You will not perform, or facilitate or support others in performing, any of the following prohibited practices (collectively, “Prohibited Practices”):
i. Processing Platform Data to discriminate or encourage discrimination against people based on personal attributes including race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories prohibited by applicable law, regulation, or HeyJinni policy.
ii. Processing Platform Data to make eligibility determinations about people, including for housing, employment, insurance, education opportunities, credit, government benefits, or immigration status. By eligibility determinations, we mean determining whether to provide, deny, or take away a particular benefit (for example, housing or scholarships) as well as determining the terms under which the benefit will be provided, denied, or taken away.
iii. Processing Platform Data to perform, facilitate, or provide tools for surveillance. Surveillance includes the Processing of Platform Data about people, groups, or events for law enforcement or national security purposes.
iv. Selling, licensing, or purchasing Platform Data.
v. Placing Platform Data on, or otherwise making Platform Data available to, a search engine or directory without our prior express written consent.
vi. Attempting to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, or reverse hash, or reverse-engineer Platform Data that is provided to you.
vii. Changing your App’s core functionality or data Processing so that Users would view it as an unfamiliar or different App, or materially changing the scope of Processing of previously collected Platform Data, unless in each case you first re-submit your App and receive our approval through App Review.
viii. Processing friend lists from HeyJinni to establish social connections in your App unless each person in that connection has granted you access to that information for that purpose.
b. Retention, Deletion, and Accessibility of Platform Data
i. Unless required to keep Platform Data under applicable law or regulation, you must (and must make reasonable efforts to ensure your Service Providers) do the following:
1. Make reasonable efforts to keep Platform Data up to date, including Platform Data that has been modified or deleted. You must update Platform Data promptly after receiving a request from us or the User to do so. You must give Users an easily accessible and clearly marked way to ask for their Platform Data to be modified or deleted.
2. Delete all Platform Data as soon as reasonably possible in the following cases:
a. When retaining the Platform Data is no longer necessary for a legitimate business purpose that is consistent with these Terms and all other applicable terms and policies;
b. When you stop operating the product or service through which the Platform Data was acquired;
c. When we request you delete the Platform Data for the protection of Users (which we will determine at our sole discretion);
d. When a User requests their Platform Data be deleted or no longer has an account with you (unless the Platform Data has been aggregated, obscured, or de-identified so that it cannot be associated with a particular User, browser, or device);
e. When required by applicable law or regulations; or
ii. If you are required to keep Platform Data under applicable law or regulation, you must retain proof of the applicable legal or regulatory requirement or request and provide it if we ask for it.
iii. If you have received Platform Data in error, you must immediately report this to us, delete that Platform Data, and provide proof of deletion if we ask for it.
4. Data Security
a. Data Security Requirements
i. You must always have in effect and maintain administrative, physical, and technical safeguards that do the following:
1. Meet or exceed industry standards given the sensitivity of the Platform Data;
2. Comply with applicable law and regulations, including data security and privacy laws, rules, and regulations; and
3. Are designed to prevent any unauthorized (including in violation of these Terms or any other applicable terms or policies) Processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution, or compromise) of Platform Data.
ii. You must have a publicly available way for people to report security vulnerabilities in your App to you, and you must promptly address identified deficiencies.
iii. You must not solicit, collect, store, cache, proxy, or use HeyJinni login credentials of other Users.
iv. You must not transfer or share user IDs or your access token and secret key, except with a Service Provider who helps you build, run, or operate your App.
b. Incident Reporting
i. If any of the following incidents happen, you must promptly, and no later than 24 hours after you become aware of the incident, notify us and provide us with information we request regarding:
1. Any unauthorized (including in violation of these Terms or any other applicable terms or policies) Processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution or compromise) of Platform Data; or
2. Any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of your IT Systems or your Service Provider’s or Sub-Service Provider’s IT Systems.
ii. You must immediately begin remediation of the incident and reasonably cooperate with us, including by informing us in reasonable detail of the impact of the incident upon Platform Data and corrective actions being taken, and keeping us updated about your compliance with any notification or other requirements under applicable laws and regulations.
5. Compliance Review Rights and Suspension and Termination of these Terms
a. App Review. We may require that you submit your App for our review or approval (“App Review”). Whether or not your App (including its access to any Platform Data) is approved (which will be in our sole discretion), you will ensure that your App is compliant with these Terms and all other applicable terms and policies, and we may review your App for such compliance from time to time, in our sole discretion. You will cooperate with our reviews and provide any information we request. We may verify information you provide to us during any such reviews or otherwise in your App dashboard, which you will update to keep it complete and accurate.
b. Regular Monitoring. We, or third-party professionals working at our direction (including auditors, attorneys, consultants, and/or computer forensics analysts) (collectively, “Third-Party Auditors”), may conduct regular monitoring of your App and its access to Platform and Processing of Platform Data using technical and operational measures.
c. Certifications. From time to time, we may request information, certifications, and attestations relating to your use of Platform or Processing of Platform Data, which you will provide to us in the requested time frame and form. This may include certifying: (i) your compliance with these Terms and all other applicable terms and policies, and (ii) the purpose or use for the Platform Data you have requested or have access to, and that each such purpose or use complies with these Terms and all other applicable terms and policies. All such certifications and attestations must be provided by an authorized representative of yours.
e. Suspension and Termination
i. We may take enforcement action against you and your App if we believe, in our sole discretion, that:
1. You or your App has violated or may have violated these Terms or any other applicable terms or policies or is negatively impacting Platform, Platform Data, or people who use HeyJinni;
2. It is needed to comply with applicable laws or regulations or otherwise required or requested by a court order or governmental authority; or
3. It is needed to protect HeyJinni from legal or regulatory liability.
6. Notice
After you agree to these Terms, any written notice, request, or communications from us to you may be provided via email or mail (for example, to the email address or mailing address in your App account with us) or via notifications within HeyJinni (for example, in your account with us). You will keep your contact information current, including name, business name, and email.
7. Indemnification
If anyone brings a claim, cause of action, or dispute against HeyJinni related to your use of Platform, your Processing of Platform Data, Your Content, or your App, name or logo, products or services, or actions in connection with Platform, you will indemnify and hold HeyJInni harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
8. International Transfers
This section shall apply to the extent that your Processing of Platform Data includes personal data controlled by HeyJinni and the transfer of such HeyJinni Platform Data to a territory outside of the European Economic Area that, at the time of such transfer, does not have a positive adequacy decision from the European Commission under Article 45 of Regulation (EU) 2016/679 (each an “EEA Data Transfer”).
Whenever there is an EEA Data Transfer, your use of HeyJinni Platform Data is subject to your compliance with all applicable EU Data Protection Law “Clauses”.
9. General
a. In accordance with our Terms of Service, you will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Transferring can include assignment, acquisition, merger, change of control, or other forms of transfer. Any unpermitted transfer will be considered null and void. For any permitted transfer, you can continue to Process Platform Data only for your App subject to these Terms.
b. You also must comply with all applicable laws and regulations (including the Children’s Online Privacy Protection Act (“COPPA”) and the Video Privacy Protection Act (“VPPA”)).
c. If there is any conflict between these Terms and any other applicable online terms, the terms that are more restrictive on you and your App or more protective of us apply.
d. We reserve the right to amend these Terms at any time. Your continued use of or access to Platform after any such amendment will constitute your binding agreement to these Terms as amended.
e. We may change, suspend, or discontinue the availability of Platform at any time. In addition, we may impose limits on certain features and services or restrict your access to parts or all of our APIs or websites without notice or liability.
f. If we elect to provide you with support or modifications for Platform, we may discontinue either at any time without notice to you.
g. We do not guarantee that Platform will always be free.
h. We can issue a press release or otherwise make public statements or disclosures describing our relationship with you or your use of Platform.
10. Glossary
a. “App” means any technical integration with Platform or to which we have assigned an App identification number. Any code, APIs, SDKs, tools, plugins, bots, websites, applications, specifications, and other technology made available by you or on your behalf in connection with Platform is considered part of your App.
b. “Clauses” means the standard contractual clauses annexed to European Commission Decision (EU) 2021/914.
c. “Developer” means the person or entity that creates or operates an App.
d. “Necessary Condition” means any of the following:
i. it is required by applicable law, rule, or regulation or otherwise required or requested by a court order or governmental authority;
ii. we suspect that you or your App have Processed Platform Data in violation of these Terms or other applicable terms or policies;
e. “Platform” means the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enables others, including app developers and website operators, to develop functionality, retrieve data from HeyJinni and any other HeyJinni products operated on or outside HeyJinni sites and/or mobile apps, or provide data to us.
f. “Platform Data” means any information, data, or other content you obtain from us, through Platform or through your App, whether directly or indirectly and whether before, on, or after the date you agree to these Terms, including data anonymized, aggregated, or derived from such data. Platform Data includes app tokens, page tokens, access tokens, app secrets, and user tokens.
g. “Process” means any operation or set of operations performed on data or sets of data, whether or not by automated means, including use, collection, storage, sharing, or transmission.
h. “Prohibited Practices” has the meaning given in Section 3.a (“Prohibited Practices”).
i. “Records” mean books, agreements, access logs, third-party reports, policies, processes, and other records regarding the Processing of Platform Data.
j. “SDKs” means any object code, source code, or documentation you receive from us that helps you create Apps or content for use with the Platform.
k. “Service Provider” means an entity you use to provide you services in connection with Platform or any Platform Data.
l. “User” means the end user of an App (whether a person or an entity).
m. “Your Content” has the meaning given in Section 2.b (“Your License to Us”).
Last updated: 27/11/2022