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JOLLA DEVELOPER TERMS Last updated March 4, 2024 1. Scope These Developer Terms apply to all developers wishing to distribute applications via the Jolla Application Store. The Developer Terms form a valid contract between you, and us ("Jolla"). Do note that we change the Developer Terms from time to time at our discretion. Whenever the Developer Terms are modified, we will ask you to accept the new terms before submitting applications to the Jolla Application Store. You accept these terms by clicking on the accept button shown to you in connection with these Developer Terms. If you are accepting these Developer Terms on behalf of your employer or another organisation, by clicking on accept you represent and warrant that you are authorized to accept these Developer Terms on behalf of that organisation. 2. Definitions - Application means the software application developed by you or your organisation for Sailfish OS. - Developer Terms means these terms and the Terms of Service, which together form a single legally binding set of terms. - End User means a user of an Application. - EULA means an End User License Agreement you enter into with your End Users. - Jolla Application Store means the application store operated by Jolla via which Applications can be distributed to End Users. - Terms of Service means the Jolla Terms of Service available at url https://jolla.com/legal - Third Party APIs means third party application programming interfaces directly or indirectly exposed by Sailfish OS or the Sailfish SDK. - Third Party Content means any services, Third Party APIs, code or any other materials included with the Sailfish OS or Sailfish SDK. - Sailfish OS means the mobile operating system developed by Jolla. - Sailfish SDK means the Sailfish Software Development Kit provided separately and subject to its own terms. 3. Your right to use the Jolla Application Store In consideration of your acceptance of and full and timely compliance with the Developer Terms, we grant you the right to distribute your applications via the Jolla Application Store. If you want to charge for your applications distributed via the Jolla Application Store, you need to enter into a separate agreement governing the terms of payment processing. Your right is subject to your continued compliance with the Developer terms, and in particular, but not limited to, the following rules: - Respect users. We want our customers, and your users, to to know that they are respected and not treated as commodities. This means that you should not do anything to mislead, confuse, defraud or otherwise harm users of your application. - Respect privacy. Our customers care about their privacy, and so should you. Your application should thus have a clear and comprehensive privacy policy that gives the user the information they need to give an informed consent for the processing of their personal data. You should also make sure that you store and protect collected personal data using adequate technical protection measures. - Respect applicable laws and regulations. Your applications and their distribution should comply with all applicable laws and regulations. It is your responsibility to ensure that this happens. You represent and warrant that you have the right under applicable laws to submit and distribute your application via the Jolla Application Store in a manner envisaged by these Developer Terms and the functionality offered by our Jolla Application Store. You are solely responsible for your Application and any consequences of distributing them through our Jolla Application Store. You are solely responsible for any breach of your obligations (and the consequences arising from such a breach) under these Developer Terms, any third party terms, or any applicable laws or regulations. You agree to indemnify and hold harmless us against any claims arising from your breach of this paragraph. 4. Application Quality For us the quality of applications offered in the Jolla Application Store is of paramount importance. Because of that, we reserve the right to review any application submissions for quality purposes, and decline any applications we, in our discretion, believe do not meet our quality criteria. If we decline your application, we will use reasonable efforts to explain to you the reasons of rejection so that you can address the quality issues before submitting the application again. 5. Account Security You are fully responsible for all acts done through your developer account, unless your account was compromised due to a general security breach in our system that affects other developer accounts as well. Unless otherwise expressly stated, we do not give any warranties as to the level for security we have in place, but we do not hold you liable either if the security breach is our fault. 6. License grants By submitting your application to the Jolla Application Store, you grant us a nonexclusive, worldwide, and royalty-free license to copy, distribute and make available and use your applications and use your branding material you submit with your application (including your name) solely for the purposes of i) distributing the applications through our Jolla Application Store, and ii) promoting your applications and their inclusion in our Jolla Application Store. Unless your application includes a separate EULA, you grant each user a non-exclusive, worldwide, and perpetual license to use your applications on their devices. If you have included a separate EULA and obtained the user’s express consent to the EULA, the user’s rights will be governed by the EULA instead of this paragraph. 7. Representations and warranties By accepting this Agreement, in addition to any other representations and warranties, you additionally represent and warrant that: - You shall comply with all applicable laws, these Developer Terms, as well as any reasonable documentation, technical guidelines and other developer requirements issued by Jolla or its partners from time to time; - You will not violate, misappropriate, or infringe any Intellectual Property Rights, or other proprietary rights, rights of privacy, or rights of personality or any other right of any third party; - Your applications shall not contain nor distribute any viruses, spam, files, code malware or any other malicious software programs, technology or content that may harm or disrupt the operation of Sailfish OS or Services; and - You shall exercise all legally required care and diligence in connection with the design, manufacture, workmanship, testing, distribution and operation of the Applications. 8. Third Party APIs Sailfish OS can include Third Party Content. We cannot accept any liability for errors, omissions or other deficiencies in such Third Party Content. In some cases Third Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third Party Content. In such cases we will notify you of the fact and ensure you must accept the third party terms before you can use the Third Party Content. 9. Removal of your Application We reserve the right to remove your Application from our Jolla Application Store in our reasonable discretion if we believe that i) you have violated these Developer Terms, ii) we receive a claim that your Application violates applicable laws or third party rights, or iii) we believe that your Application does not meet our Quality Criteria. In case of such a removal, we will use reasonable efforts to notify you in writing of the reasons of removal promptly after it has taken place unless applicable law requires us to provide you with prior notice. 10. Termination Your license to use the Services will terminate automatically if you fail to comply with these Developer Terms. After termination, you must delete all copies of any software and documentation related to the Services that you have installed on your device. Either one of us can terminate these Developer Terms at any time for no reason: you by using notifying us via the in-account functionality (if available) for closing down the account, and us by notifying you via email at the email address you gave at registration.
