Developer Distribution Agreement Or Gixconnect API Terms Of Service

Thank you for using the gixconnect application programming interfaces (the “gixconnect APIs”). As used herein, the terms “you” and “your” refer to each administrator, developer and user of the gixconnect APIs. You may also be referred to as Developer. By using the gixconnect APIs, you agree to these Terms of Service (the “Terms of Service”) and the gixconnect Terms of Use (the “TOU”). If you use the gixconnect APIs as an interface to, or in conjunction with other gixconnect products or services, then the terms of those products or services will also apply. If you disagree with any of the terms below or the TOU, gixconnect does not grant you a license to use the gixconnect APIs. In the event of any inconsistency between these Terms of Service and the TOU, these Terms of Service control. gixconnect Media S.à r.l., its subsidiaries and affiliated companies (collectively, “gixconnect,” “we,” “our,” or “us”) reserve the right to update and change, from time to time, these Terms of Service and all documents incorporated by reference, and gixconnect may change these Terms of Service by posting a new version without notice to you. Use of the gixconnect APIs after such change constitutes acceptance of such change.

(a) You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the gixconnect APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of use or agreements with gixconnect.

(b) You will only access (or attempt to access) the gixconnect APIs by the means described in the documentation of that API. If gixconnect assigns you developer credentials (e.g. client IDs), you must use them with the applicable gixconnect APIs. You will not misrepresent or mask either your identity or your API Client’s identity when using the gixconnect APIs or developer accounts.

(c) gixconnect may set and enforce limits on your use of the gixconnect APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve) in our sole discretion. You agree to and will not attempt to circumvent such limitations. If you would like to use any gixconnect API beyond the applicable limits, you must obtain our express consent (and we may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use).

5ֿ. User Privacy And API Clients. You will comply with all applicable privacy laws and regulations including those applying to PII. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with gixconnect and third parties. If you process data that is subject to the GDPR (European General Data Protection Regulation), you agree that you are the controller of any data of end users collected by you, and gixconnect is a controller of any data of end users collected by it, and you further agree to the terms of the Data Processing Addendum attached as Exhibit A hereto in connection with any Personal Data transferred between the Parties in connection with your use of the gixconnect API. You represent that you will not request the gixconnect API personal data of users which you do not have a legal basis to process.

gixconnect reserves the right to charge fees for future use of or access to the gixconnect APIs in gixconnect’s sole discretion. If gixconnect decides to charge for use of the gixconnect APIs, such charges will be disclosed to you prior to their effect. gixconnect also reserves the right to include advertising in or associated with any information provided to you through the gixconnect APIs.

Confidential Information.

(a) Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and to identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.

(b) Our communications to you and the gixconnect APIs may contain gixconnect confidential information. gixconnect confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without gixconnect’s prior written consent. gixconnect confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose gixconnect confidential information when compelled to do so by law if you provide us reasonable prior notice. If you have entered a specific Non Disclosure Agreement with gixconnect, such Non Disclosure Agreement shall prevail over the confidentiality obligations set forth in this Section 7(b).

Exhibit A

General Data Protection Addendum to the gixconnect API Terms of Service

This Addendum to the gixconnect API Terms of Service (the “Agreement”) is by and between gixconnect Media S.a.r.l, a Luxembourg limited liability company (“gixconnect”), and Developer having selected to use the gixconnect API under the Agreement. gixconnect and Developer are each a “Party” and collectively the “Parties.” This Addendum is an integral part of the Agreement. Any words or terms not otherwise defined in this Addendum have the same meaning as in the Agreement. In the event of a conflict between definitions in the Agreement and this Addendum, the definitions within this Addendum control.

Definitions .

(a) “Personal Data,” “Process/Processing, “ Controller,” “ Processor,” “Data Subject” and “ Supervisory Authority” shall have the same meanings given to them in the Regulation.

(b) “ Data Protection Law(S)” means the Directive, the Regulation, any successors thereto, and any other applicable law relating to data protection or privacy of individuals.

(c) “ Directive” means the Directive 95/46/EC of the European Parliament and of the Council (Personal Data Directive).

(d) “ Regulation” means Regulation (EU) 2016/679 of the European Parliament and the Council (General Data Protection Regulation).