September 21st, 2021
Building trust takes more than just legal compliance
Our goal is help everyone benefit from and protect their information.
Linden Tibbets, IFTTT CEO
User trust is core to the IFTTT experience. People trust us to get their services and devices talking with each other in a reliable way.
We’re excited that the European General Data Protection Regulation (GDPR) brought privacy and trust into the limelight. The GDPR created specific rights for European citizens with respect to their data. That’s great. But at IFTTT, we believe everyone should have more control over their data. So we’ve built new controls to allow all IFTTT users to interact in new ways with their data directly from our website and mobile apps.
We’ll continue to add features that give you even more control over your data.
Take your data anywhere
Your data on IFTTT is yours. You should be able to take it anywhere in a machine readable format and tinker with it.
You will now be able to export your IFTTT data directly from your user profile on our website and mobile apps. Once you’ve clicked “export” we will email you a JSON file with your IFTTT data.
Delete your account
Our goal is to make it as simple as possible for you to control your data on IFTTT.
We’d love to provide useful functionality to you forever. But if IFTTT stops being useful to you, we’ll be sad to see you go, but we won’t hoard your data.
Want to delete your data from IFTTT? No problem. Simply click the “delete my account” link in your profile. Or submit a request to have the IFTTT team delete your account using this form. You will always be welcome back!
Every service is different. Meaningful transparency will mean different things depending on each service. You will get a relevant just-in-time notice every time you connect a new service to IFTTT to use for a specific Applet. The authentication flow will tell you which data is used from your account and the Applet description tells you how that data will be used.
We’ll continue to think about other ways to provide meaningful transparency to you. Stay tuned!
As of July 20th, 2018
The IFTTT Service is not intended for use by children. If you are under 18, you may use the Service only with involvement of a parent or guardian. We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us using this form and use the report abuse category.
Information We Collect Automatically
Browsing the Site does not require you to register for an account or provide any personal information to us. In general, IFTTT will gather some generic information automatically. This generic information may include the internet address assigned to your computer, the number and frequency of visitors to the Site, the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), and your computer browser information. Generic information does not reveal the identity of the visitor. This type of aggregate data may enable us to figure out how often users use parts of the Service, help us determine customer service and Site needs, and do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. IFTTT may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use our Service.
Information Collected From Other Websites and Do Not Track Policy
Information You Provide to Us
We receive and store any information you enter on the Service or provide to us in any other way. You can choose not to provide us with certain information, though you may not be able to take advantage of many Service features. The personal information you provide may be used for such purposes as responding to your questions or requests, customizing the content you see, and communicating with you about new Service features. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Service, we may collect such information into a file specific to you. You agree that we may use your personal information to contact you as provided herein, though our intent is that email is the only channel we will use to contact you without your consent.
Also, once you install any Mobile Apps and enable specific Platform Services, you may be providing us with additional information, such as contacts and camera-photos on your device. Additionally, we may collect information about your location and calendar in order to provide you with more personalized Service. Again, you can choose not to provide us with certain information, though you may not be able to take advantage of many Service features.
One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account.
In order for you to take full advantage of the Service, you must provide registration information, including an e-mail address and password. We may also request demographic information and unique identifiers in order to provide you with a more personalized service, but this information is optional. Once you register for the Service, create Applets, and/or give us your personal information, you are not anonymous to us. Usernames and links to public accounts are only shown on your profile with your consent. You always have the option to not provide information by choosing not to register for the Service or create any Applets. Our primary purpose in collecting personal information is to provide you with a safe, smooth, and efficient experience. We only collect personal information about you that we consider necessary for achieving this purpose. IFTTT does not sell or rent your personal information to third parties without your explicit consent. IFTTT may disclose information it has collected from you and/or that you have made available through the Service when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of IFTTT or others. You are responsible for managing the flow of your private information from one third party Platform Service to another. If you post personal information online that is accessible to the public, that information becomes publicly available and can be collected and used by others and redistributed through the internet and other media channels. For example, if you push a private post on Facebook to a public blog, the private post will no longer be private. You may receive unsolicited messages from other parties in return.
Is My Information Secure?
We treat data as an asset that must be protected against loss and unauthorized access. We use industry-standard Secure Socket Layer (SSL) software to protect the security of your personal information during transmission, which encrypts all of the information you input. All personal information collected from other Platform Services that you provide through the use of the Service is stored securely. Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
What about Cookies?
Will IFTTT Share Any of the Information it Receives with Other Entities?
We may use third party service providers to facilitate or outsource one or more aspects of our business and therefore we may provide some of your personal information directly to these service providers. These service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced IFTTT related operation, unless you have given your prior permission to them for additional uses. We may share our data, including personal information about you with our partners and joint ventures in furtherance of our business. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. Our partners and joint ventures follow privacy practices no less protective of all users than our practices described in this document, to the extent allowed by applicable law. In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred.
We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
Except as set forth above, you will be notified when your personal information may be shared with third parties, and you will be able to prevent the sharing of this information.
Accessing, Reviewing and Changing Your Personal Information
Services can be disconnected at anytime though prior Applets may remain in our electronic archive. You can change your email address and contact information by going to the settings page. You must promptly update your personal information if it changes or is inaccurate. You may be able to add or update certain additional information via the Service. When you update information, however, we often maintain a copy of the unrevised information in our records. Please note that information may remain in our records after deletion of your account. IFTTT will only update your information on third party sites or send you information (phone, sms, etc.) with your specific consent, such as when you add Applets to your account.
You may input your contact information into the Service so that IFTTT may contact you. When you enter your contact information or send an email or other communication to IFTTT, we may retain those communications in order to process your inquiries and respond to your requests. We do not use your email address or contact information to send commercial or marketing messages nor do we give or sell this information to any third parties. To the extent your e-mail address is provided to IFTTT, you may receive e-mail or other communications from us.
Your California Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, you can request it using this form. You may also submit a written request to IFTTT Inc., PO Box 590547, San Francisco, CA 94159-0547, Attn: Legal
Changes to this Policy
If you have any additional questions or concerns about this policy or the Service in general, please feel free to contact us using this form.
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. IFTTT will be the controller of your Personal Data processed in connection with the Service.
What Personal Data Do We Collect From You?
We collect Personal Data about you when you provide such information directly to us, when third parties such as our business partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Service.
Information we receive directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
- First and last name
- Email address
- Mailing address
- Telephone number
- Transaction Information (IFTTT does not store your credit or debit card information)
- User content, for example, action ingredients that are displayed when an Applet runs
Some third parties, such as our business partners and service providers, provide us with Personal Data about you, such as the following:
- Account information for third party Platform Services: If you interact with a third party Platform Service when using our Service, such as if you use a third party service to log-in to our Service (e.g., Facebook Login or Google Sign-In), or if you share content from our Service through a third party social media Platform Service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
- Information from our advertising partners: We receive information about you from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, services, advertisements or communications.
Information we automatically collect when you use our Service: Some Personal Data is automatically collected when you use our Service, such as the following:
- IP address
- Device identifiers
- Web browser information
- Page view statistics
- Browsing history
- Usage information
- Transaction information (e.g. transaction amount, date and time such transaction occurred)
- Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.)
- Location information (e.g. IP address, zip code)
- Log data (e.g. access times, hardware and software information)
How Do We Use Your Personal Data?
We process Personal Data to operate, improve, understand and personalize our Service. For example, we use Personal Data to:
- Create and manage user profiles
- Communicate with you about the Service
- Process orders
- Contact you about Service announcements, updates or offers
- Provide support and assistance for the Service
- Personalize website content and communications based on your preferences
- Meet contract or legal obligations
- Respond to user inquiries
- Fulfill user requests
- Comply with our legal or contractual obligations
- Resolve disputes
- Protect against or deter fraudulent, illegal or harmful actions
- Enforce our Terms of Service
Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
Examples of these legitimate interests include:
- Operation and improvement of our business, products and services
- Marketing of our products and services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
- Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
How and With Whom Do We Share Your Data?
- Payment processors
- Fraud prevention service providers
- Ad networks
- Analytics service providers
- Staff augmentation and contract personnel
- Hosting service providers
- Co-location service providers
- Telecommunications service providers
- Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Service)
- Social media services (if you interact with them through your use of the Service)
- Third party business partners who you access through the Service
- Other parties authorized by you
- Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
- Maintain the security of our products and services
Last, we share Personal Data with our affiliates or other members of our corporate family. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
How Long Do We Retain Your Personal Data?
We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Service. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use?
We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.
Personal Data of Children: We do not knowingly collect or solicit Personal Data from anyone under the age of 16. If you are under 16, please do not attempt to register for the Service or send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at IFTTT@gdpr-rep.com.
What Rights Do You Have Regarding Your Personal Data?
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email IFTTT@gdpr-rep.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
- Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by choosing to export your data.
- Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by editing your Account Settings. You can correct some of this information directly by editing your Applets or Platform Services.
- Erasure: You can request that we erase some or all of your Personal Data from our systems.
- Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Service.
- Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
- Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
- Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
- Right to File Complaint: You have the right to lodge a complaint about IFTTT’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
- Transfers of Personal Data: The Service is hosted and operated in the United States (“U.S.”) through IFTTT and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to IFTTT in the U.S. and will be hosted on U.S. servers, and you authorize IFTTT to transfer, store and process your information to and in the U.S., and possibly other countries.
What If You Have Questions Regarding Your Personal Data?
If you have any questions about this section or our data practices generally, please contact us using the following information:Name: IFTTT, Inc.
Mailing address: 2261 Market Street #4383, San Francisco, CA 94114, Attn: Legal.
Designated EU representative and contact information:
Tel: +49 (0) 40 99999 - 3430
Fax: +49 (0) 40 99999 - 3332
Designated UK representative and contact information:
DP Data Protection Services UK Ltd.
Attn: IFTTT Inc.
16 Great Queen Street
As of September 8, 2020
If you don’t agree with these new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The individual who accepts these terms and conditions, must be of a legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf).
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You hereby certify you are legally permitted to use the Service, and take full responsibility for the selection, access, and use of the Service.
These Terms are void where prohibited by law, and the right to access and use the Service is revoked in such jurisdictions.
We are constantly trying to improve our Service, so these Terms may need to change along with the Service. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on ifttt.com website, by sending you an email, and/or by some other means.
1. The Service
What are the basics of using the Service?
You may be required to sign up for an account, and select a password and user name (“IFTTT User ID”). As a condition to using the Service or in order to create certain statements through the Service, you may be required to supply IFTTT with certain registration information, including a valid email address, registration information for mobile phones, other mobile devices, or third-party sites or services you access through IFTTT.
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not (i) select or use as your username a name of another person with the intent to impersonate that person; or (ii) use as your username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your username a name that is otherwise offensive, vulgar or obscene. IFTTT reserves the right to refuse registration of, or cancel a username in its discretion. You shall not use another user's account or any other person's registration information for the Service, any other mobile phones or other mobile devices, or any third party services you access through the Service, without that person's permission.
Your right to use the Service continues until it is terminated by either party. You may terminate by discontinuing use of the Service. IFTTT may terminate at any time for any reason. Your use terminates automatically if (i) you violate any term of these Terms, (ii) IFTTT publicly posts a written notice of termination on the Service, (iii) IFTTT sends a written notice of termination to you, or (iv) IFTTT ceases providing access to the Service to you.
IFTTT will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs. Every reasonable step will be taken by IFTTT to minimize such disruption where it is within IFTTT's reasonable control. You agree that IFTTT will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Service.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
What are my rights in the Service?
The materials displayed or performed or available on or through the Service, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including IFTTT’s) rights.
You understand that IFTTT owns the Service. You won’t (except as permitted by applicable law) reverse engineer, modify, or create derivative works based on the Service.
The Service may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
What if I see something on the Service that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like IFTTT, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Service?
Any information or Content publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such information or Content originated, and you access all such information or Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or Content or what actions you may take as a result of having been exposed to the information or Content, and you hereby release us from all liability for you having acquired or not acquired information or Content through the Service. We can’t guarantee the identity of any users with whom you interact in using the Service and are not responsible for which users gain access to the Service.
You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.
IFTTT has no control over, and assumes no responsibility for, the Content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Service. In addition, IFTTT will not and cannot monitor, verify, censor or edit the Content of any third party site or service. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that IFTTT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that IFTTT is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release IFTTT, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Will IFTTT ever change the Service?
We’re always trying to improve the Service, so it may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
IFTTT takes the privacy of its users very seriously.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us using this form and use the report abuse category.
You may not use the Service:
(i) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any IFTTT user;
(ii) to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(iii) to run Maillist, Listserv, any form of auto-responder, or spam through the Service;
(iv) in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
(v) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, contract rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms or with any terms or conditions or obligations relating to any third party website, app, API or the like;
(vi) in connection with life support systems, or other mission critical applications where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which IFTTT is not responsible; or
(vii) to sell, lease, share, transfer, repurpose for sale or sublicense the Service without IFTTT's prior, express, written permission.
For all User Submissions, you hereby grant IFTTT a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Service, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal IFTTT account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant IFTTT the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Service necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant IFTTT the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Service necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Service.
If you share a User Submission publicly on the Service and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a “Public User Submission”), then you grant IFTTT the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all IFTTT users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Service and/or otherwise in connection with IFTTT’s business. Also, you grant all other users of the Service a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Service.
You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your IFTTT account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from IFTTT’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that IFTTT, in performing the required technical steps to provide the Service to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
IFTTT may elect to provide you with support or modifications for the Service (collectively, "Support"), in its sole discretion, and may change, reduce or terminate such Support at any time without notice to you. IFTTT reserves the right to charge fees for Support.
If you subscribe to IFTTT’s Pro features, you (i) shall pay IFTTT all applicable fees set forth on https://ifttt.com/plans (“Fees”) and (ii) hereby authorize IFTTT to charge your chosen payment method. IFTTT offers no refund or credits. Unless agreed to separately in writing, IFTTT will automatically renew monthly subscriptions for an additional month and yearly subscription for an additional year at the then prevailing rates unless you cancel your subscription before the date of renewal. All Fees are exclusive of taxes or duties imposed by governing authorities. You are responsible for all taxes or duties associated with your use of the IFTTT.
Free Trial Period
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE FREE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES. Upon the expiration of the Free Trial Period, you will only be able to access and use those features of the Service the use of which does not require the payment of a Fee, unless you subsequently upgrade to a paid version of the Service. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Users of the Service may gain access to third party sites on the Internet through hypertext or other computer links on the Service. Third party sites are not within the supervision or control of IFTTT. IFTTT does not make any representation or warranty whatsoever about any third party site that may be linked to or from or Service.
IFTTT has no special relationship with or fiduciary duty to you. You acknowledge that IFTTT has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. IFTTT makes no representations concerning any Content contained in or accessed through the Service, and IFTTT will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
IFTTT DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND IFTTT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA.
Limitation of Liability
IFTTT SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT IFTTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL IFTTT BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify IFTTT, and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your access or use of the Service (including anything you develop using IFTTT), including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. IFTTT shall use good faith efforts to provide you with written notice of such claim, suit or action.
For all purposes of the Terms, you and IFTTT shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of IFTTT, express or implied, and you shall not attempt to bind IFTTT to any contract.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that the IFTTT may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without IFTTT’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws’ provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms (including any against officers, directors, and employees of IFTTT) will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND IFTTT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
IFTTT's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any notice to IFTTT that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to email@example.com or when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to IFTTT Inc., 2261 Market Street #4383, San Francisco, CA 94114, Attn: Legal.
Use of a Mobile App downloaded through the Apple App Store
These Terms apply to your use of the Service, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Mobile App:
(a) Both you and IFTTT acknowledge that the Terms are concluded between you and IFTTT only, and not with Apple, and that Apple is not responsible for the Mobile App or the Content;
(b) The Mobile App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
(c) You will only use the Mobile App in connection with an Apple device that you own or control;
(d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App;
(e) In the event of any failure of the Mobile App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Mobile App;
(f) You acknowledge and agree that IFTTT, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Mobile App;
(g) You acknowledge and agree that, in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, IFTTT, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
(h) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
(i) Both you and IFTTT acknowledge and agree that, in your use of the Mobile App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
(j) Both you and IFTTT acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Use of the YouTube service
Connecting to IFTTT’s YouTube service will grant IFTTT access to the following: A list of current active members on your channel with the name of their YouTube channel and their channel URL, the profile picture of each current active member on your channel, how long each current active member has been a member of their current level on your channel, how long each current active member has been a member on your channel, when each member purchased their current active membership on your channel, information about the levels you offer on your channel (e.g., level names), your videos and playlists, and your YouTube activity.
In addition to IFTTT’s normal procedure for deleting stored data, you may revoke IFTTT’s access to this data at any time by going to https://security.google.com/settings/security/permissions.
IFTTT Developer License Agreement
As of September 9th, 2020
If you subscribe to IFTTT’s paid developer features, you (i) shall pay IFTTT all applicable fees set forth on https://ifttt.com/plans (“Fees”) and (ii) hereby authorize IFTTT to charge your chosen payment method. IFTTT offers no refund or credits. Unless agreed to separately in writing, IFTTT will automatically renew annual subscriptions for an additional year at the then prevailing rates unless you cancel your subscription before the anniversary of subscription. We will provide you with fourteen days’ notice prior to the end of each annual subscription. All Fees are exclusive of taxes or duties imposed by governing authorities. You are responsible for all taxes or duties associated with your use of the Developer Tool.
The paid IFTTT Developer Plan and entitles you to use the IFTTT Platform to publish one (1) Service with triggers, actions, and queries, access API performance and health dashboards, and receive support assistance through the community forums provided by IFTTT.
1.1 Subject to Customer’s full compliance with all terms and conditions of this Agreement and IFTTT’s (“Company’s”) developer guidelines found at https://ifttt.com/guidelines (the “Guidelines”), Company hereby grants Customer a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to access and use the Platform for integrating and operating Customer’s products and services (the “Customer Services”) into and through the Platform solely for use by Customer’s end users and other purposes separately authorized by Company in writing. The Platform is subject to modification from time to time at Company’s sole discretion for any purpose deemed appropriate by Company. Company will use reasonable efforts to give Customer prior notice of material modifications.
1.2 Subject to Customer’s full compliance with all terms and conditions of this Agreement and the Guidelines, Company shall use commercially reasonable efforts to (i) make the Platform available to Customer. Notwithstanding the foregoing, Company may suspend Customer’s access to the Platform (a) for scheduled or emergency maintenance or (b) in the event Customer is in material breach of this Agreement, including failure to pay any amounts due to Company. Company will use commercially reasonable efforts to provide notice to Customer prior to any scheduled maintenance.
1.3 The parties acknowledge that certain information is to be provided by Customer (“Customer Data”). Further, Customer acknowledges that the Platform may contain links and features that connect to third party websites, products, or services (“Third Party Products”). Company may provide tools and features that enable Customer to import and export Customer Data and other information from and to Third Party Products, including by linking Customer’s account on the Platform with accounts or features of Third Party Products. By using such tools and features, Customer authorizes Company to transfer such Customer Data and other information to and from Third Party Products. Third Party Products are not under Company’s control. This Agreement is not binding upon such third parties, and Company does not endorse such third parties. COMPANY IS NOT RESPONSIBLE, AND HEREBY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES, FOR THE ACTIONS OR INACTIONS OF SUCH THIRD PARTIES OR THE CONTENTS OR PERFORMANCE OF ANY THIRD PARTY.
1.4 Company will not be liable for its failure to perform hereunder this Agreement if such failure is caused by the Customer Services and/or Customer’s delay in or failure to provide Customer Data. Customer grants Company a world-wide, non-exclusive, royalty-free license during the Term to use and distribute Customer Data solely for the purpose of fulfilling Company’s obligations hereunder this Agreement. Company may use aggregated and de-identified Customer Data solely for the purpose of improving the Platform. Customer represents and warrants that it owns all right, title and interest in and to the Customer Data and Customer Services
1.5 Each party hereby grants the other party a worldwide, royalty-free, sublicensable (as limited below), license to use the other party’s specified branding assets and trademarks, in accordance with such party’s provided trademark usage guidelines, solely for those purposes reasonably necessary for: (i) Company to provide and operate the Platform; (ii) Customer to use the Platform and promote the Customer Services integration with the Platform; and (iii) Company’s other customers to use and/or promote Customer’s integration with the Platform. Provided that each party will have the right to perform quality assurance inspections of each usage and to withhold and/or suspend rights to use such branding asset or trademark if quality is not satisfactory to each party in their sole discretion. Customer acknowledges and agrees that the foregoing Section 1.5 license permits Company to allow third-party developers to use Customer’s branding assets and trademarks solely to promote the interoperability of such third-party’s products and services with the Customer Services by way of the Platform.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer shall not (and shall not authorize or encourage any third party to), directly or indirectly: (i) rent, lease, loan, sell, sublicense, assign, or otherwise transfer any rights in or to the Platform; (ii) clone the Platform, or use the Platform to build an application programming interface, application or product that is competitive with any Company product or service; (iii) remove any proprietary notices from the Platform (or any portion thereof); (iv) decompile, reverse engineer, disassemble, or derive the source code, underlying ideas, concepts or algorithms of the Platform (except as and only to the extent the foregoing restrictions are expressly prohibited by applicable statutory law); (v) modify or create derivative works of the Platform; (vi) use the Platform to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (vii) use the Platform to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity; (viii) use the Platform to run Mailist, Listserv, any form of auto-responder, or spam through the Platform; (ix) use the Platform to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/ plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories; (x) use the Platform to violate any law or regulation, any right of any person, including but not limited to intellectual property rights, contract rights, rights of privacy, or rights of personality, or in any manner inconsistent with this Agreement or with any terms or conditions or obligations relating to any third party website, app, API or the like; or (xi) use the Platform to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake (Customer understand that the Platform is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which IFTTT is not responsible).
2.2 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Platform, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”). Customer shall be responsible for ensuring that such Equipment is compatible with the Platform and complies with all configurations and specifications set forth in Company’s published policies then in effect. Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. Additionally, Customer agrees to be bound by any end-user software agreements that govern the installation and use of such Equipment.
2.3 Customer will cooperate with Company in connection with the performance of this Agreement by making available such personnel and information as may be reasonably required, and taking such other actions as Company may reasonably request. Customer will also cooperate with Company in establishing a password or other procedures for verifying that only designated employees of Customer have access to any administrative functions of the Platform.
2.4 The parties will each comply with applicable portions of the EU Data Processing policy.
3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after three years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in its possession or known by it prior to receipt from the Disclosing Party, (c) was rightfully disclosed to it by a third party, (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required by law. In any event, Company may use for development, diagnostic and corrective purposes any data and information it collects relating to the Platform.
3.2 Both Parties will have the right to disclose the existence but not the terms and conditions of this Agreement, unless such disclosure is approved in writing by both Parties prior to such disclosure, or is included in a filing required to be made by a Party with a governmental authority (provided such party will use reasonable efforts to obtain confidential treatment or a protective order) or is made on a confidential basis as reasonably necessary to potential investors or acquirers.
3.3 Customer acknowledges that Company does not wish to receive any Proprietary Information from Customer that is not necessary for Company to perform its obligations under this Agreement, and, unless the parties specifically agree otherwise, Company may reasonably presume that any unrelated information received from Customer is not confidential or Proprietary Information.
4. INTELLECTUAL PROPERTY RIGHTS
Except as expressly set forth herein, Company alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Platform. If, in the course of performing under this Agreement, Customer provides Company with any written comments, suggestions, or feedback regarding the Platform (“Feedback”), Customer hereby grants Company a non-exclusive, worldwide, royalty-free license to use and disclose the Feedback in any manner Company chooses and, directly or indirectly through third parties, to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Company’s products and services (including any improvements or modifications thereof) embodying the Feedback in any manner and via any media the Company chooses, but without reference to you as the source of the Feedback. This Agreement is not a sale and does not convey to Customer any rights of ownership in or related to the Platform or any intellectual property rights.
5. PAYMENT OF FEES
5.1 Customer will pay all applicable fees (“Fees”). Currently applicable Fees are set forth in the Order Form. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or then current Renewal Term, upon thirty (30) days prior notice to Customer (which may be sent by email).
5.2 Unpaid Fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. Customer shall be responsible for all taxes associated with Platform other than U.S. taxes based on Company’s net income.
5.3 If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s Customer Support department.
6.1 Your right to use the Developer Tool and Service continues until expiration of your license term or it is terminated by either Party as detailed below. You may terminate this Agreement by discontinuing use of all or any of the Developer Tool or Service. We may immediately terminate your use of and access to the Developer Tool and Service if you violate any term of this Agreement. Sections 2, 3, 4 (to the extent Fees remain unpaid), 5, 9, and 13 through 17 shall survive termination.
6.2 In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if the other party breaches any of the terms or conditions of this Agreement. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Customer will pay in full for the Platform up to and including the last day on which the Platform is provided. Upon any termination, Company may, but is not obligated to, delete archived data.
6.3 The following Sections shall survive termination or expiration of this Agreement: 2.1, 2.4, 3, 4, 5 (to the extent fees remain outstanding), 6.2, 7, 8, and 9.
7. WARRANTY DISCLAIMER
COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY OTHER SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM OR ANY OTHER SERVICES PROVIDED HEREUNDER. THE PLATFORM AND ALL OTHER SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
8. INDEMNIFICATION; LIMITATION OF LIABILITY
8.1 Company shall indemnify, defend, and hold Customer and its respective officers, directors, and employees harmless from any and all amounts actually paid to third parties in connection with claims, liabilities, damages and/or costs (including but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) from infringement by the Platform of any United States patent or any copyright or misappropriation of any trade secret. The foregoing obligations do not apply with respect to portions or components of the Platform (i) not created by Company including Customer Data and Customer Services, (ii) resulting in whole or in part in accordance from Customer specifications, (iii) that are materially modified after delivery by Company, (iv) combined with other commercially unforeseen products, processes or materials (including Customer Services) where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of is not strictly in accordance with this Agreement. Company’s indemnification obligations under this Section are contingent on Customer providing Company: (a) prompt written notice of the claim; (b) the unconditioned right to control the defense and settlement of such claim; and (c) reasonable cooperation in the defense of such claim, at Company’s expense. Customer shall indemnify and hold harmless Company from any and all Losses resulting from (i) claims of intellectual property infringement or misappropriation caused by the foregoing Section 8.1 exclusions or (ii) Customer’s breach of Section 2.1. The indemnification obligations set forth in this Section 8.1 are Company’s sole and exclusive obligations (and Customer’s sole and exclusive remedies) with respect to infringement or misappropriation of intellectual property rights of any kind.
8.2 IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE PLATFORM OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL LIABILITY OF COMPANY, WHETHER BASED IN CONTRACT, TO RT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE THE FEES PAID TO COMPANY HEREUNDER IN THE SIX MONTH PERIOD ENDING ON THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Channel Guidelines
The aforementioned license grant does not guarantee we will publish any Licensee Channel. Any Licensee Channel’s publication is subject to the Guidelines found at https://ifttt.com/guidelines. Additionally, we reserve the right to take any Licensee Channel offline if we discover it violates our Guidelines. We reserve the right to periodically update our Guidelines.
Each Licensee Channel must use commercially reasonable efforts to maintain compatibility with the Developer Tool and the Service including changes provided to you by IFTTT, which shall be implemented in each Channel promptly thereafter. If any Licensee Channel uses or implements an outdated version of the Developer Tool or the Service, you acknowledge and agree that such Licensee Channel may not be able to communicate with the Service. Furthermore, in order to ensure a positive user experience, you will notify IFTTT within 30 days of determining that your App has compatibility issues with the Developer Tool and/or Service that might negatively affect any Licensee Channel. If you cannot remedy the compatibility issue within a commercially reasonable period or choose not to remedy the compatibility issue, you will cooperate with IFTTT to notify Licensee Channel users that your License Channel is experiencing problems or will cease to exist (as applicable).
11.1 This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement except upon the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 9.1 will be null and void.
11.2 If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.
11.3 This Agreement shall be governed by the laws of the State of California and the United States without regard to conflicts of laws’ provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the state and United States federal courts located in San Francisco, California and both parties hereby submit to the personal jurisdiction of such courts. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.
11.4 Any notice or communication required or permitted under this Agreement shall be in writing to the parties at the addresses set forth on the Order Form or at such other address as may be given in writing by either party to the other in accordance with this Section and shall be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.
11.5 No supplement, modification, or amendment of this Agreement shall be binding, unless executed in writing by a duly authorized representative of each party to this Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.
11.6 This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of this Agreement and which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.
Company may use the services of subcontractors for performance of services under this Agreement, provided that Company remains responsible for (i) compliance of any such subcontractor with the terms of this Agreement and (ii) for the overall performance of the Platform as required under this Agreement. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.