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Jive Communications, Inc. provides application program interfaces (“APIs”) to its customers and reseller partners to allow them to create tools that make Jive’s services easier to use and sell. The “user” identified in these terms of service is any organization whose employees or representatives access APIs on behalf of the organization, including any sole proprietor.

 

These terms of service and any documentation Jive has published for a specific API are the “terms” referred to herein.

 
  1. User identity.
    • 1(a). When a user registers with Jive as a developer, Jive will supply authentication credentials to the user. The user shall not share the credentials, shall take reasonable precautions to avoid unauthorized access to the credentials, and shall notify Jive immediately of any suspected unauthorized access to the credentials.
    • 1(b). The user shall not bypass any authentication process documented for an API.
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    • 1(c). The individual accepting these terms affirms that he or she is authorized to act on behalf of his or her organization.
  2. Changes to these terms.
    Jive may change or rescind these terms at any time without obligation to the user and without notice other than updating this website. By continuing to use an API after a change, the user accepts the change.
  3. API Limitations.
    Jive may set and enforce limits on use of its APIs. The user shall follow, and shall not try to circumvent, any limits documented with an API.
  4. Legal compliance.
    • 4(a). The user shall comply with all applicable privacy laws and regulations, laws regarding import or export of data, and all other applicable laws.
    • 4(b). The user shall require its end users to comply with, and shall not knowingly allow them to violate, the terms and any applicable law or regulation.
  5. Privacy.
    If the user will use the API to create a service for other organizations, it shall first provide to the other organizations a privacy policy that clearly and accurately describes what personal information the user will collect and how it will use and share that information.
  6. Unauthorized use.
    When using an API, the user shall not:

    • (1) sublicense the API for use by a third party or create an application that functions substantially the same as the API for use by a third party;
    • (2) introduce to Jive’s products and services any viruses, worms, defects, Trojan horses, malware, or other destructive items;
    • (3) reverse engineer or attempt to extract any source code from the API or related software;
    • (4) defame, abuse, harass, stalk, or threaten any person;
    • (5) transmit or store protected health information as that term is defined at 45 CFR section 160.103;
    • (6) Use the API contrary to any applicable documentation; or
    • (7) Use the API in a way that violates another’s intellectual property rights.
  7. Monitoring.
    • 7(a). Jive may monitor use of the APIs to ensure quality and security, to improve Jive products and services, and to verify the user’s compliance with the terms. This monitoring may include Jive accessing and using any application the user has created to access the APIs. The user shall not interfere with this monitoring, and Jive may use any technical means to overcome such interference.
    • 7(b). Jive may suspend a user’s access to the APIs if it reasonably believes the user is in violation of the terms.
  8. Ownership.
    • 8(a). Jive does not acquire ownership in any applications the user creates to use the APIs, and the user does not acquire any ownership rights to the APIs or any content accessed through them.
    • 8(b). If the user provides feedback or suggestions about the APIs, Jive may use that information without obligation to the user.
  9. Brand features.
    • 9(a). The terms do not grant either party any right, title, or interest in or to the other party’s trade names, trademarks, service marks, logos, or domain names (collectively “brand features”), except as stated in section 9(b).
    • 9(b). The user shall display any attributions required by Jive as stated in the API documentation. Jive hereby grants the user a nontransferable, nonsublicensable, nonexclusive license to display Jive’s brand features in accordance with the terms and for the purpose of fulfilling the user’s obligations under this section. The user shall comply with Jive’s Logo Usage Guide in every use of Jive’s logo. Jive has sole discretion to determine whether any use of its brand features complies with the terms.
  10. Warranties.
    Jive provides the APIs “as is,” without any guarantee as to their reliability, availability, or ability to meet the user’s needs.
  11. Limit of liability.
    Jive will not be liable for any damages arising from any failure of the APIs. The parties acknowledge that Jive’s ability to offer APIs free of charge depends on this limit.
  12. Indemnification.
    The user shall indemnify Jive against any claims (1) arising from the user’s negligence or violation of these terms or (2) arising out of the user’s use of, or inability to use, an API.
  13. Notices.
    • 13(a). Jive shall send notices under this agreement to the email address the user provided during registration. The user shall keep this email address current.
    • 13(b). The user shall send notices under this agreement to Jive at legal@jive.com.
  14. Entire agreement.
    These terms of service constitute the entire agreement between Jive and the Customer as to their subject matter.
  15. Binding arbitration.
    If the parties are unable to resolve any dispute arising from this agreement by direct negotiation, they shall resolve the dispute through binding arbitration in Salt Lake City, Utah before a single arbitrator from the American Arbitration Association in accordance with its Commercial Arbitration Rules. The parties hereby waive any right to a jury trial in connection with any claim arising from this agreement.
  16. Attorneys’ fees.
    If any arbitration or legal proceeding is validly instituted to enforce the terms of this agreement, the prevailing party may recover its attorneys’ fees and other costs.
  17. Governing law; personal jurisdiction; venue.
    This agreement is governed by the laws of the State of Utah. If any litigation is validly instituted in connection with this agreement, the parties hereby consent to the exclusive personal jurisdiction of the courts in Utah and waive any objection as to venue or inconvenient forum.
  18. Waiver of rights.
    Failure to enforce a right or provision under this agreement does not constitute a waiver of that right or provision.
  19. Severability.
    If any part of this agreement is declared unenforceable by a court, all other parts will remain enforceable.
    By clicking “I accept” or by accessing APIs, the user agrees to these terms.