Effective Date: December 4th, 2017
The Drift Platform (the “Platform”) enables third-party developers to build applications, bots, and integrations to enhance and extend the Drift Services (the “Service”). If you develop against the Drift API (the “API”), you agree to the following terms:
When registering for Drift, you may be required to submit information about yourself. All registration information you provide must be accurate and up to date at all times. You will inform us promptly of any updates.
You acknowledge that you are of the legal age to form a binding contract with us and you are not barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs. Please also note we retain the right to update and change these terms at any point at our sole discretion.
We hereby grant a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use our API, for the sole purpose of building software applications (each an “App”) that communicates with our Service. We retain the right to revoke access to our API at our sole discretion.
You agree to our Acceptable Use Policy (https://www.drift.com/acceptable-use/) and will not transmit any viruses or other computer programming that may damage, interfere with, intercept, or expropriate any system, network, or data. In addition, we set and enforce limits on your use of the APIs in our sole discretion and may change these limits at any time.
The API may evolve and change over time. While we do our best to notify developers of major changes in advance, we reserve the right to modify the API, cease to offer support for the API, or require you to use the API in a different manner at any time.
You will not circumvent Drift’s packaging and pricing to replicate services that would compete with what is available directly via Drift. You also acknowledge that Drift may offer product or services in the future that are similar to your App.
You may not advertise or otherwise contact Drift users outside of the App without their express permission. You also agree not to sell or share their information with any third party for any reason outside of providing your App without their express permission. In addition, you agree to delete all user data once your App is removed by a customer of the Drift Service.
You agree to protect all user data from unauthorized access or use and you agree to notify both us and your users of any unauthorized access or use of such information to the extent required under applicable law. In the event of a security deficiency, you will work with us immediately to assess and remedy the situation. You also agree to coordinate with us on any public statements (press, blog, social media) before publication.
You agree to abide by all applicable local laws (including laws regarding the import or export of data or software), regulations, and privacy rights. Similarly, you must have a publicly accessible privacy policy that is at least as stringent as ours (https://www.drift.com/privacy-policy/).
You agree that we may monitor your use of the APIs to ensure quality, improve our product and services, and verify your compliance with these terms. If you do not demonstrate full compliance with these Terms of Service, we may restrict or terminate your access to the APIs without notice to you.
WE PROVIDE THE API AND THE SERVICE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, AND/OR THAT USE OF THE API AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU SHALL NOT MAKE ANY WARRANTIES TO ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION TO ANY APP USERS) ON OUR BEHALF.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, YOU AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID US TO USE THE APPLICABLE APIS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of: (a) your use of the APIs; (b) your violation of these Terms of Service, or (c) the violation of any copyright, trademark, service mark, trade secret or United States patent by your App or brand features. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability on us or places restrictions on us without our prior written consent.
You may not use the Drift brand or marks outside of what is expressed in https://www.drift.com/brand-assets/. You may not use the Drift brand in any way that suggests that Drift sponsors, endorses, or associates with your App without prior written consent.
If you have any questions about these terms, please feel free to reach out to legal@drift.com.