TELIA DEVELOPER’S TOOLBOX – TERMS OF USE
INTRODUCTION Telia provides an API developer’s toolbox (the “Service”) which contains e.g. APIs that are available to use for all Telia users. The Service is intended to provide all Telia developers an environment for development, publishing, management, maintainence and shareing of APIs. More information about the Service is provided on the Service portal. These are the terms of use for the Service (the “Terms”). By accessing and using the Service, you acknowledge that you have read, understand, accept and agree to be bound by the Terms. If you register to the Service on behalf of a legal entity, you represent that you are authorised to legally bind that entity to these Terms.
DEFINITIONS The following defined terms shall have the meaning set out below when used in the Terms:
API means Application Program Interface
Customer or you means the person or entity that subscribs to the Service
GTC means Telia’s General Terms and Conditions for Electronic Cummunications Services for Business Customers, as updated from time to time. The GTC are available at Telia’s websites.
Privacy Policy means Telia’s official privacy policy, as updated from time to time. The Privacy Policy is available at Telia’s websites.
Telia API means an API developed and provided by Telia
Third Party API means an API developed by a non-Telia entity
User means a registered user of the Service, always linked to a Customer
SCOPE OF SERVICE
Access to the Service You gain access to the Service by opening a Service account (the “Account”) in your name. Any number of Users can be connected to your Account. User credentials must always be stored in a manner that ensures confidentiality and prevents unauthorised use.
Use of the Service The Service may only be used for its intended purposes. All use of the Service must be in compliance with applicable law, the Terms, as updated from time to time, and any reasonable instruction issued by Telia.
No User may provide a third party access to the Service (e.g. by giving a third party access to login details). You must inform Telia immediately of any suspected unauthorized use of the Service through its Accout or if a third party has obtained access to User credentials. The Service may not be used (1) in any way that could damage, disable, overburden, or impair it, or (2) to directly or indirectly promote distribution of any malicious content, such as (i) viruses, Trojan horses, worms, or any other content that may be harmful to a recipient, or (ii) content that is in any way deceptive, mislead-ing or fraudulent.
Each User is responsible for all actions taken on the Marketplace using its login credentials. The Customer is ultimately responsible for all use of the Service through its Account. Without limiting other remedies avail-able to it, Telia reserves the right to suspend or permanently terminate the Account, or any individual User, that violates applicable law or the Terms.
Applicable parts of the GTC apply to the Service and your use of it. In case of discrepancies between the Terms and the GTC, the provisions set out in the Terms shall apply.
INTELLECTUAL PROPERTY RIGHTS
General Neither the Terms nor the Customer’s use of the Service entails any transfer or license of Telia’s intellectual property rights, except as explicitly stated herein.
Any use of trademarks and/or trade names belonging to the other Party requires prior written consent from such party prior to use, including any use of such party’s name or logo or publicity relating to the Service. Upon suspension, expiry or termination of your Account, any authorization shall immediately cease.
In the event that you, directly or indirectly e.g. through employees, contractors, or agents, request, recom-mend or otherwise suggest changes to the Service, Telia shall be free to use, disclose, modify, reproduce, license or otherwise distribute and exploit such feedback as it sees fit, without obligation or restriction of any kind on account of intellectual property or otherwise.
License to the Service Upon registration of an Account, Telia grants you a limited, non-exclusive, non-transferable, revocable and non-sublicensable license to use the Service for the term of your registration. The license is for the sole purpose of enabling you to use the functionalities of the Service in accordance with these Terms.
License to APIs Management of API subscriptions is handled in the Service. When you choose to subscribe to an API, we give you a world-wide, non-exclusive, non-transferable licese to use such API(s) for your own purposes. You may not sub-license your rights to the API. If we charge a fee for the API, the license for the API is valid for as long as you pay the license fee (information on payment will be given in connection with order of the API). If the API is provided free of charge, the license is valid for the term of your agreement for the Service. Termination of an API subscription is handled through your account.
Third Party API Provider Each API Provider making an API available on the Service warrants to the API User that it holds all rights necessary to provide the API available to the API User and let the API User use such API as described in the Terms. The API Provider also warrants that the distribution of APIs and the grant of rights to the API as set out herein is in accordance with all applicable laws. Finally, the API Provider warrants that API made available by it using the Service does not infringe intellectual property rights of any third party and does not include malicious content.
To the extent a API Provider has described an API or its properties, it warrants to each API User having been granted access to the API that the API will conform with its description.
Each API Provider agrees to indemnify, defend, protect and hold harmless each API User that licenses its API against any and all damages, losses, liabilities and costs (including legal fees and reasonable out-of-pocket expenses) arising out of or related to any claim that the warranty set out above is not correct.
LIABILITY, ETC.
Use of the Service is at your own risk. You are responsible for evaluating the accuracy, completeness or usefulness of any information, APIs or other content available through the Service. Telia does not accept any liability for the Service and does not provide any warranties with respect to content included in the Service.
You agree to indemnify Telia from any damages suffered by any part of the Telia Company Group as a con-sequence of your use of the Service in violation with the Terms.
PERSONAL DATA
Telia collects certain personal data in the process of creating User accounts. Telia processes all personal data acting as a data controller. All personal data is treated as set out in the Privacy Policy.
FEES AND COSTS
Fees are connected to individual APIs and before usage of an API you will have to enter a separate agree-ment regarding fees for that particular API
CHANGES
We may in our discretion make any change to these Terms without notice to you. You are responsible for reviewing the revised Terms and/or any applicable postings. Your continued use of the Service will be deemed to imply that you accept any changes made. We may change the Service or delete any features or functionality, or any aspect of the Service, in any way at any time for any reason.
TERM AND TERMINATION
The agreement for the Service commences when the Account is created, and remains in force until further notice. Either party may terminate the agreement with one month’s prior written notice to the other party.
A party is entitled to terminate the agreement immediately by written notice to the other party if:
(i) the other party is in material breach against the Terms. However, if the breach is capable of rem-edy, the non-defaulting party shall first give the defaulting party written notice of default requesting remedy of the breach within 10 days following the defaulting party’s receipt of notice (and may on-ly terminate the agreement upon the defaulting party’s failure to remedy the breach); or
(ii) the other Party is declared bankrupt, has entered into liquidation or any similar winding-up proceed-ing, or has otherwise become insolvent. Neither Party shall be entitled to any compensation from the other as a result of the expiry or termination of this agreement as such (without any reference to a breach of the agreement or other similar specific grounds for request of compensation).