SERVICE & REGISTRATION

Service

• Exponential.Host operates an online marketplace that connects App Developers and App Consumers.
• App Developers can list their Apps/Widgets for purchase on the platform.
• App Consumers can buy the right to use an App individually or as part of a subscription plan.
• By using the Service, you agree to be bound by the terms and conditions outlined in these Terms.

Registration

• In order to access the Service, App Developers and App Consumers must complete the registration forms provided on the Site.
• You must provide accurate and up-to-date registration data, maintain the security of your account password, and assume all risks associated with unauthorized access.
• You are solely responsible for safeguarding your passwords and any activities or transactions related to your Exponential.Host account or password.
• If you become aware of any unauthorized use of your account or API Keys, you must notify Exponential.Host immediately.

App Rights

• Exponential.Host is only responsible for providing the marketplace platform. The terms and conditions for each App are between the App Developer and App Consumer.
• App Developers are responsible for all support and claims related to their Apps.
• Exponential.Host reserves the right to review, screen, or monitor links to Apps or App Content/Terms at any time and for any reason without notice.
• Exponential.Host may remove any App or App Content/Terms at its discretion.

App Developer

App Developer – Grants and Obligations

• Listing: App Developers can list their Apps on the Service by completing Exponential.Host’s listing form.
• App Rejection/Removal: Exponential reserves the right to reject or remove an app from its platform without notice, at its sole discretion.
• App Content/Terms: For each App, App Developers must provide the URLs, a brief description, pricing, and any other terms and conditions.
• Grants and Obligations: App Developers grant Exponential.Host the right to provide the Apps and App Content/Terms via the Service, consent to Exponential.Host’s use of their name and logo, and are responsible for monitoring and enforcing the App Content/Terms for each App.
• Representations and Warranties: App Developers represent and warrant that they own or have full rights to market, promote, offer to sell, sell, grant access to, and distribute the Apps and App Content/Terms posted to the Service.
• Use of Information: App Developers may use the email addresses or other contact information provided by Exponential.Host solely to provide their Apps to App Consumers in connection with the Service and may not use any information obtained via Exponential.Host for any purpose other than expressly authorized in these Terms.

App Developer - API / Widgets

• API Versioning: Any changes made to the swagger.json file should be versioned, in order to ensure that customers are aware of the changes and can upgrade their API accordingly.
• API Deprecation: If Exponential plans to deprecate an API, it must give at least 45 days notice to customers. A 90 day notice is recommended to ensure that customers have adequate time to make necessary changes to their own systems.
• App Developer Responsibility: App Developers are responsible for monitoring and enforcing the App Content/Terms applicable to each API to which it grants an App Consumer access. App Developers acknowledge and agree that Exponential will not be liable for any actual or alleged breach of the terms and conditions governing the use of APIs by App Consumer (or any damages arising from or related to such actual or alleged breach).
• Representations and Warranties: App Developers represent and warrant that (a) all representations and warranties made by App Developer with respect to the APIs it lists via the Service are true and accurate; and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute the App it lists via the Service and all App Content/Terms posted to the Service.

App Developer – Payments

• Collection: Exponential.Host collects subscription fees and other payments associated with App Consumers’ access and use of Apps.
• Commission: Exponential.Host passes on the payments to the App Developers less a commission fee.
• Free Credits: App consumers may be offered a certain number of free or promotional credits for their app. These credits will not be compensated for, as they are intended for promotional use or for testing purposes.
• Pricing Approval: Any changes to pricing for the app must be approved by Exponential. Once approved, the changes will take effect in 30 days for existing customers and immediately for new customers. Customers will be notified via email of the pricing changes.
• Collection Efforts: Exponential.Host will use reasonable effort to collect payments, but is not responsible for any failure to do so.
• Restrictions on Use: In no event may App developer bypass Exponential billing, management, marketplace or Service and/or use any information obtained via Exponential, the Service or the Site (including, but not limited to, any API Consumer email addresses or other contact information) for any purpose other than expressly authorized in these Terms.
• Payout Requests: Developers will be able to request a payout from Exponential once they have earned above the minimum threshold set by the company. Developers should note that payouts will only be made after the earned amount has reached the minimum threshold, which is determined by Exponential.
• Commission Fee Modification: Exponential, at its sole discretion, may modify its commission fee with no less than 7 days advance notice.

App Consumer

App Consumer – Subscription Packages & Fees

• Subscription plans: App Consumers can browse listed Apps and subscribe to access and use them through one of the Exponential.Host subscription plans.
• Automatic Renewal: Subscription plans will automatically renew for additional periods unless otherwise specified.
• Changing or Terminating Subscriptions: App Consumers can change or terminate their subscription plans according to the terms and conditions of the plan.
• Payment Method: Payments must be made by credit or debit card through an authorized Exponential.Host payment processor.
• Payment Schedule: Exponential.Host will charge the credit/debit card provided by App Consumer in advance and in accordance with the selected subscription plan.
• Refunds: NO REFUNDS WILL BE ISSUED.
• Restrictions on Use: In no event may App consumer bypass Exponential billing, management, marketplace or Service and/or use any information obtained via Exponential, the Service or the Site (including, but not limited to, any API Consumer email addresses or other contact information) for any purpose other than expressly authorized in these Terms.
• Authorization: App Consumers authorize Exponential.Host or its authorized payment processor to charge the credit/debit card number provided via the Service and represents and warrants that they are authorized to use and have fees charged to the card number provided to Exponential.Host. App Consumers can withdraw this authorization by contacting Exponential.Host at [email protected].

Copyright Infringement Policy

Exponential.Host respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Site or Service, please notify Exponential.Host‘s copyright agent in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

To be effective, the notification must be in writing and contain the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed, including the URL or other specific location on the Site or Service where the material that you claim is infringing is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner‘s behalf.
• Exponential.Host‘s copyright agent for notice of claims of copyright infringement on the Site or Service can be reached as follows:

Email: [email protected]

Upon receiving a valid notification of claimed copyright infringement, Exponential.Host will remove or disable access to the allegedly infringing material and take reasonable steps to notify the user who posted such material that Exponential.Host has removed or disabled access to it. Exponential.Host may also terminate the account of repeat infringers in appropriate circumstances.

User Content

Exponential.Host reserves the right to remove any User Content that is in violation of these terms and conditions and may take appropriate legal action against violators. Any User Content posted on the Service is the sole responsibility of the person who originated such content, and you agree to not hold Exponential.Host liable for any errors or omissions in any User Content. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.

Trademarks

• Exponential.Host‘s name, trademarks, logos, and any other product or service names are property of Exponential.Host and may not be used without permission.
• The look and feel of the Service and the Site, including custom graphics, button icons, and scripts, are service marks, trademarks, or trade dress of Exponential.Host and may not be used without permission.
• All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are property of their respective owners and the use of such Third-Party Trademarks inures to the benefit of each owner.

Prohibited Use and Restrictions

You are prohibited from using the Service for any unauthorized or illegal activity, including but not limited to:

• Modifying, disclosing, altering, translating, or creating derivative works of the Service or any components thereof without the express permission of Exponential.
• Licensing, sublicensing, reselling, distributing, leasing, renting, lending, transferring, assigning, or otherwise disposing of the Service or any components thereof without the express permission of Exponential.
• Disassembling, decompiling, or reverse engineering the software components of the Service.
• Storing or transmitting infringing, libelous, or otherwise unlawful or tortious material, or material in violation of third-party privacy rights.
• Storing or transmitting any viruses, software routines, or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions.
• Copying, framing, or mirroring any part or content of the Service.
• Building a competitive product or service, or copying any features or functions of the Service.
• Interfering with or disrupting the integrity or performance of the Service.
• Attempting to gain unauthorized access to the Service or related systems or networks.
• Removing, altering, or obscuring any proprietary notices in or on the Service, including copyright notices.
• Causing or permitting any third-party to do any of the foregoing.
• Interfering in any manner with the enjoyment of the Service by other users.
• By using the Service, you agree to comply with all applicable laws and regulations. Exponential.Host reserves the right to terminate or restrict your access to the Service if you engage in any prohibited or illegal activity.

Suspension or Termination

• Exponential.Host may suspend or terminate a user‘s access to the service at any time and for any reason without notice.
• If a user‘s access is suspended or terminated, they must stop accessing or using the Service immediately.
• Exponential.Host may take legal action against a user for continuing to use the service during suspension or after termination.
• These terms will remain enforceable against the user while their license to access or use the Service is suspended and after it is terminated.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPONENTIAL.HOST DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE, ANY OF THE APPS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND THE EXPONENENTIAL.HOST MATERIALS), THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW) AND THIRD-PARTY TRADEMARKS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, AND CONDITION OF TITLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPONENTIAL.HOST DOES NOT WARRANT, AND DISCLAIMS ALL LIABILITY FOR (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), OR THIRD-PARTY TRADEMARKS; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE AND ANY API MADE AVAILABLE VIA THE SERVICE; (C) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE; AND (D) WHETHER THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

Indemnification

You agree, at your sole expense, to defend, indemnify and hold Exponential.Host (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPONENTIAL.HOST WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE VIA THE SITE AND EXPONENTIAL.HOST MATERIALS), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF EXPONENTIAL.HOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Exponential.Host ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE, ANY OF THE APIS PROVIDED VIA THE SERVICE, ANY API CONTENT/TERMS, ANY USER CONTENT, THE SITE (INCLUDING ANY INFORMATION OR CONTENT MADE AVAILABLE VIA THE SITE), THIRD-PARTY INFRASTRUCTURE OR THIRD-PARTY TRADEMARKS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Exponential.Host reserves the right, but does not have the obligation, to review, screen, or monitor any links to any Apps or any App Content/Terms (as defined below) at any time and for any reason without notice.

Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH EXPONENTIAL.HOST AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EXPONENTIAL.HOST.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Exponential.Host agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of the Indian Council of Arbitration (ICA) based in New Delhi, India. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Exponential.Host are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Exponential.Host intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Indian Council of Arbitration (ICA) based in New Delhi, India. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

Miscellaneous

Feedback

• Any suggestions, comments, or other feedback provided by you to Exponential.Host with respect to the Service or Exponential.Host will be considered non-confidential and non-proprietary.
• By providing Feedback to Exponential.Host, you grant Exponential.Host a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, and transferable license to use, copy, distribute, and disclose the Feedback in any manner and for any purpose.

Feedback

• You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray Exponential.Host or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable.
• This limited right may be revoked at any time.
• Exponential.Host makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site.
• Exponential.Host provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Exponential.Host of the corresponding site or any information contained in (or made available via) that site.
• When you leave the Site, Exponential.Host’s terms and policies no longer govern.
• You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.

Third-Party Advertising

• Exponential.Host may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services.
• Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party.
• Exponential.Host is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.

Independent Contractors

• The parties will only have the relationship of independent contractors.
• Neither party will be considered an agent, franchisor, franchise, employee, representative, owner, or partner of the other party.
• Neither party will have the authority to make any representations or warranties on behalf of the other party or to bind the other party in any way.

Assignment

• You may not assign, delegate, or transfer these Terms or any rights without the prior written consent of Exponential.Host.
• Any attempted or purported assignment, delegation, or transfer without consent will be null and void.
• Exponential.Host may assign these Terms without your prior written consent and the terms will be binding and inure to the benefit of the assignees, transferees, and other successors.

Third-Party Infrastructure

• Exponential.Host uses a third-party hosting infrastructure in connection with the Services.
• The provider(s) of the Third-Party Infrastructure make no representation or warranty with respect to such Third-Party Infrastructure.
• Exponential.Host assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.

Electronic Communications

• By using the Service, you agree to receive electronic communications regarding your use of the Service.
• Any notices, agreements, disclosures or other communications sent electronically will satisfy any legal communication requirements.
• You may withdraw your consent to receive electronic notices by contacting [email protected]

Severability

• If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will remain in full force and effect.
• The parties will negotiate in good faith to modify these Terms to effect the original intent of the parties if any provision is invalid, illegal, or incapable of being enforced.

Force Majeure

• Exponential.Host is not responsible for any failure to perform or delay caused by any event beyond its reasonable control, including acts of God, acts of terrorism, civil disturbances, disruption of power or other essential services, interruption or termination of services provided by any service providers used by Exponential.Host, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

GDPR

Under GDPR, Exponential is a data processor. If you need to have Exponential sign a DPA with your company, please contact us at [email protected]. Data Processing Agreement (DPA) outlines how it processes personal data on behalf of its customers. This DPA is available to customers upon request.