Last Modified: August 2, 2022
Tulip Interfaces, Inc. (“Tulip”) is excited to allow for the creation of content on the Platform by or on behalf of its customers (“Customers”) and by its partners (such content creators are referred to in this Policy as “Developers” or “You”). This Tulip Developer Policy (this “Policy”) is intended to keep the Platform running safely and smoothly and sets out requirements for the creation and use of third party plugins, applications, application templates, widgets, connectors, device drivers, node red flows, machine learning models, or anything else to be integrated with the Platform on behalf of a User (“Content”).
This Policy may change from time to time. When Tulip makes changes to this Policy, Tulip will update the “Last updated” date at the beginning of this Policy. All changes will be effective from the date of publication unless otherwise stated.
Glossary
“API Agreement” means Tulip’s API License Agreement, which is available at: https://tulip.co/legal/api-license-agreement/.
“AUP” means Tulip’s Acceptable Use Policy, which is available at: https://tulip.co/acceptable-use-policy/.
“Data” means data, information, or other content uploaded, posted, stored, transmitted, exposed, or otherwise made available through the Platform, including by Users when using Content.
“Intellectual Property Rights” means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights (c) trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trademarks, service marks, trade dress, and similar rights; and (f) registrations, applications, renewals, extensions, or reissues of the foregoing, in each case, in any jurisdiction throughout the world.
“Platform” means: Tulip’s (a) websites (mobile or localized versions and related domains and subdomains); (b) software and services; and (c) hardware.
“Privacy Policy” means Tulip’s Privacy Policy, which is available at: https://tulip.co/legal/privacy-policy/.
“Terms” means Tulip’s Website Terms of Use, which are available at: https://tulip.co/legal/website-terms-of-use/.
“TOS” means Tulip’s Terms of Service, which are available at: https://tulip.co/legal/terms-of-service/.
“Tulip Library” means the existing collection of applications, application templates, widgets, connectors, device drivers, node red flows, and machine learning models running on the Platform.
“Tulip Offering” means the Platform and Tulip Library.
“Tulip Player” means a downloadable “Player” application that runs apps , either as a PC application or as a native mobile application.
“Tulip Property” means all right, title and interest in and to the Tulip Offering and the Tulip Technology, as defined in the TOS, including without limitation any and all related and underlying technology and documentation and all modifications, enhancements, improvements, new versions, new releases, corrections and derivative works, and all Intellectual Property Rights in and to all of the foregoing, including all feedback. Tulip Property does not include portions of the Content that do not contain any other Tulip Property or Tulip Intellectual Property Rights.
“Users” means: any Tulip customer and its employees and any other person or entity that is provided access to the Platform, directly or indirectly, by a customer.
General Policies.
1. Developer agrees to comply with this Policy, including without limitation, the API Agreement, AUP, Terms, and TOS, each of which is incorporated into this Policy by reference.
2. Developer understands and agrees that Tulip has no responsibility for confirming the security, compliance or effectiveness of any Content, nor will Tulip be responsible or liable to Developer, any Customer, any User or any third party in the event that any Content causes any harm or unwanted result for such Developer, Customer, User or third party.
3. Developer understands and agrees that Tulip has no responsibility for any unwanted Platform performance issues or results resulting in any way, directly or indirectly, from use of the Content.
4. In connection with your creation and use of the Content pursuant to this Policy, Tulip grants Developer a non-exclusive, non-transferable, revocable, non-sublicensable license, to access, and use the Tulip Offering. Tulip does not acquire ownership in your Content, and by using the Offering, you do not acquire ownership of any rights in the Offering or in our trademarks, products or services. Tulip, and not Developer, Customer or any third party, will, however, continue to own any and all of its right, title and interest (including any and all Intellectual Property Rights) in any portions of the Content containing Tulip Property.
5. Developer understands and agrees that Tulip provides certain content created by Tulip or by third parties for use and display through the Tulip Offering (such content is referred to herein as “Licensed Content”). Subject to your full compliance with this Policy, the Terms, the AUP, and the API Agreement, and, if applicable, timely payment of all applicable fees, Tulip hereby grants you, solely for use in connection with utilizing the Tulip Offering and only for as long as Tulip wishes to provide you with the Tulip Offering, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Licensed Content. Please see the “Disclaimer” below.
6. Developer understands and agrees that this Policy does not convey any Intellectual Property Rights in the Licensed Content of the Tulip Offering (or any part thereof), except only for the limited license expressly granted above. Nothing in this Terms of Use constitutes an assignment or waiver of Tulip’s Intellectual Property Rights under any law.
7. Developer understands and agrees that (i) Tulip has an existing library of applications and other Licensed Content for use with the Tulip Offering and is continuously adding new applications and Licensed Content, some of which may be similar to the Content or have the same functionality as the Content, and nothing in this Policy grants Developer ownership of any existing or future Tulip applications or other Licensed Content; and (ii) Tulip and/or its partners may develop applications to post and/or for Tulip’s library of applications or as a service for other customers and other Licensed Content that are similar to, or which may have the same functionality as, the Content. Developer understands and agrees that in no way does Developer’s posting of Content confer exclusivity to Developer with respect to any application, functionality or field of use.
8. Tulip welcomes and encourages everyone to provide feedback or suggestions for improving the Tulip Offering. You agree that all your feedback and suggestions will be non-confidential and you grant Tulip a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use, copy, modify, sublicense, and otherwise exploit any feedback (including any ideas, concepts, methods, know-how or techniques embodied in feedback) for any purpose, without any restriction or obligation to you based on Intellectual Property Rights or otherwise.
THE TULIP OFFERING AND ALL CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT), MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE TULIP OFFERING IS AT YOUR OWN RISK. TULIP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THE TULIP OFFERING OR ANY CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT). TULIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This Policy may not cover all types of Content, and there may be instances where your Content is not addressed by this Policy. We reserve the right to take any action or steps as we deem necessary if we believe your Content violates the terms or spirit of this Policy, or we feel that such action is necessary to preserve the integrity of our Platform or to protect Customers.
Violations of this Policy may result in your Content being blocked from connecting to the Platform or removed from the Platform. We reserve the right to make changes to this Policy with or without notification to you. We reserve the right to remove any Content from the Tulip Offering at any time, without notice, and for any reason.
If you have questions about this Policy, please contact support@tulip.co.
Specific Policies.
A. Data Protection
We take Data Protection very seriously at Tulip and expect a high standard from Developers. We expect that you will comply with all applicable laws and regulations. As such we have the following guidelines for data protection and privacy standards:
You will not create Content which violates applicable data protection laws and regulations.
You will not create Content which enables Customers to circumvent or violate the API Agreement, Terms, TOS with a Customer, Developer Terms, Customer Data Processing Agreement (DPA), and/or AUP.
You will not create Content which enables Customers to circumvent or violate the terms or policies of other platforms, applications, integrations, or of any entity that has a relationship with the Customer.
You will not sell, rent, exploit, or distribute Customer Data without express consent from the Customer.
To the extent required, your Content should clearly explain your data privacy practices, and you should be prepared to tell Users how you plan to use the data that is being shared. This detail should be included in an easily accessible privacy policy which explains to Customers how their data will be collected, used, and processed and what control Users have over their data.
Your Content should not collect, store, and/or use personal data (meaning any information relating to an identified or identifiable natural person) without the consent of the data subject or a lawful basis to collect, store, or use such information.
If your Content stores the personal data for a Customer and the Customer requests for their data or content to be erased, you must erase their data and/or content.
If your Content stores the personal data for a Customer and the Customer modifies their data, you must either erase or update the data.
In the event Customer Data or the Platform is breached, compromised, or exploited by your Content, or by your organization, you must contact all affected Customers and Tulip immediately; provided, however, that the requirement to notify affected Customers does not apply with respect to Tulip Library Submissions where Developer does not know which Customers are using or have used the Content.
B. Security.
In addition to Data Protection, we take security very seriously. We expect the following of Developers:
You will not make any misleading and/or deceptive statements about your Content or its functionality, performance, origin, or data use.
You will not transmit any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or Customer Data.
You will not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in our APIs.
You will only ask Customers for permissions that your Content needs and will not ask for permissions beyond the scope of what is required for the operation of your Content.
C. Using Customer Data.
You will not collect, store, and/or use Customer Data without obtaining proper consent of the Customer, as determined by applicable law.
You will not ask Customers to provide sensitive, private, and confidential personal information, such as credit card numbers or passwords, unless such information is necessary as part of your Content’s legitimate function and purpose, and you will not enable Customer to store or process such information through the Platform.
You will not ask Customers to provide information that violates the TOS, Terms or AUP.
You will not create Content that encourages or allows Customers to circumvent or interfere with their own data privacy and security policies in a negative way.
You will not request or use scopes or permissions not required for your Content’s functionality.
D. Compliance with Laws
We expect Developers to comply with applicable laws and regulations (in addition to data/privacy protection laws). As such we prohibit you or your Content from:
Spamming, harassing, stalking, intimidating, or threatening Customers or other Developers.
Allowing impersonation of Users or otherwise allowing for false representations within your Content.
Violating or Facilitating violations of any applicable laws or regulations.
Infringing on or violating anyone else's (including Tulip’s) trademark, copyright, patent, or other Intellectual Property Rights.
Representing that your Content is authorized by or produced by another company or organization.
Allowing or facilitating financial transactions conducted in an insecure and unapproved manner.
E. User Experience.
Your Content should not degrade or compromise the performance or user experience of the Platform.
Your Content should not use vulgar or obscene language or images. Likewise, your Content should not contain or offer content that is violent, pornographic, extreme, or that a reasonable person would consider inappropriate.
You should provide appropriate customer assistance.
All Content must include a link to technical instructions and customer support information, including a contact for customer support.
You must keep your Content updated and provide timely and accurate support to Customers.
Your Content must operate and function in accordance with the documentation you make available to Customers.
Tulip Library Submissions.
By submitting your Content to Tulip for inclusion in the Tulip Library, you understand and agree to the following additional terms:
In order to submit Content to the Tulip Library, Tulip may require that you register for certain Tulip accounts (the “Accounts,” each an “Account”) in order to access the Tulip Library and the Tulip Player. Please note that Tulip may terminate or suspend any Account at any time in its sole discretion.
When signing up for the Accounts, you may be required to submit information about yourself. You must keep this information accurate and up to date at all times. Any information you provide will be subject to the Privacy Policy. Tulip may use the information you provide to Tulip to contact you about our relevant content, products, services, and information about or changes to the Tulip Library. You may unsubscribe from these communications at any time.
Such Content can be used, without payment to you, by Tulip, any Customer, and/or any other Developer for use, either with or without additional content, with the Platform. You give Tulip a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use such Content for the purpose of making it accessible for use by Tulip and others in the Tulip Library.
Tulip may remove your Content from the Tulip Library at any time in its sole discretion.
Such Content will be subject to functional review and code review by Tulip. In addition, you will be required to provide Tulip with adequate documentation in line with Tulip guidelines and requirements for content.
You grant to Tulip all necessary rights to produce and distribute incidental depictions, including screenshots, video, or other content from your Content as well as to use your, your company or your product names and logos, in order to promote, market, and demonstrate your Content and other Tulip Library content. Tulip shall not acquire any interest, right, or title in any of your trademarks, copyrights, or Content, and all associated goodwill shall reside with you.
This Policy does not grant you the right to distribute or resell Tulip products or services, nor does it create any binding commitment on behalf of Tulip.
Tulip reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all applicable laws in your use of the Tulip Library and your Content, including any applicable export laws. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Tulip Library or your Content to prohibited countries or individuals or permit use of the Tulip Library or your Content by prohibited countries or individuals.
You will not submit any Content to the Tulip Library unless you own the Intellectual Property Rights in such Content, are licensed to do so by the owner of such rights, or are otherwise permitted by law.
No joint venture, partnership, employment, or agency relationship exists between you and Tulip.
Conclusion.
If requested, you must provide us with proof of compliance with this policy.
Failure to comply with this Policy may be considered a breach of this Policy, the AUP, the API Agreement, and/or the Terms. Violations of this Policy may result in your Content’s removal from our Platform, having your Content blocked, Customer notification, legal action or any other action deemed necessary solely by Tulip.
If you violate this Policy, we may or may not provide notice before taking action. Please note that we may periodically audit Content. If you fail an audit before notifying us of any issues, penalties will be more severe.