Effective Date: August 14, 2026
1. SCOPE AND DEFINITIONS
1.1. Scope.
These Technology Partner Terms ("Partner Terms") apply to any individual or entity ("Partner") that accesses the Provider’s Application Programming Interface ("API"), Software Development Kits (SDKs), or related documentation to develop, test, or distribute software applications ("Partner Apps") that integrate with the Platform.
1.2. The Relationship.
Partner is an independent developer. This Agreement does not create a joint venture, legal partnership, or agency relationship. You have no authority to make warranties or representations on behalf of the Provider.
1.3. Program Tiers.
The Provider may offer different tiers of partnership (e.g., Public, Certified, Premier) with varying access limits, support levels, and fee structures. Usage limits are determined by your assigned tier.
2. API LICENSE AND ACCESS
2.1. License Grant.
Subject to these Terms, the Provider grants Partner a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the API solely for the purpose of developing and operating the Partner App to facilitate interoperability with the Platform.
2.2. API Keys and Security.
(a) Secret Management: You are responsible for maintaining the confidentiality of your API keys and access tokens. You may not share keys with third parties or embed them in open-source code (e.g., public GitHub repos).
(b) Liability: You are fully liable for all activities that occur under your API credentials, including actions by your employees or automated systems.
(c) Rotation: The Provider reserves the right to revoke or require rotation of API keys at any time for security reasons.
2.3. Rate Limits and Throttling.
The Provider enforces absolute limits on API usage (e.g., requests per second/day).
(a) No Circumvention: You may not attempt to bypass rate limits using techniques including but not limited to creating multiple accounts, proxy routing, device spoofing, or IP rotation.
(b) Throttling: We reserve the right to throttle or block requests that exceed limits or degrade Platform performance, with or without notice where reasonably necessary.
3. RESTRICTIONS (THE "ANTI-VAMPIRE" CLAUSES)
3.1. Non-Replication (The "Wrapper" Ban).
You may not use the API to build a product that substantially replicates the core functionality of the Platform.
(a) Replica Apps: You may not create a "white label" or "wrapper" service that markets the Platform’s infrastructure as your own independent offering without a specific Reseller Agreement.
(b) Competition: The Provider reserves the right to revoke access if the Partner App directly competes with the Provider’s current or future core offerings.
3.2. Reverse Engineering Ban.
Partner may not directly or indirectly reverse engineer, analyze, derive source functionality from, or attempt to replicate the architecture, workflows, or business logic of the Platform. This includes using the API to map internal data structures or system behavior for competitive analysis.
3.3. Data Caching and Storage.
(a) Ephemeral Use: You may cache Data for performance (e.g., up to 24 hours) but may not create a permanent, synchronization-independent copy of the Provider’s database.
(b) "Stale Data" Deletion: If a User revokes your access or deletes their content on the Platform, you must immediately delete the corresponding data from your servers.
(c) AI Prohibition: You may NOT use API Data to train, fine-tune, augment, validate, benchmark, simulate, or otherwise improve artificial intelligence or machine learning systems (LLMs) without a separate Data Licensing Agreement.
3.4. Prohibited Use Cases.
You may not use the API for:
(a) Surveillance: Tracking users without consent.
(b) Spam: Sending unsolicited messages or notifications.
(c) Scraping: Bulk exporting data for resale or competitive analysis.
(d) High-Risk Activities: Critical infrastructure, medical devices, or nuclear facilities.
4. INTELLECTUAL PROPERTY AND BRANDING
4.1. Ownership.
(a) Provider IP: The Provider owns all rights, title, and interest in the API, the Platform, the Data, and the Provider’s trademarks.
(b) Partner IP: Partner owns the Partner App (excluding any Provider Data or IP embedded therein).
4.2. Feedback License.
If you provide feedback, bug reports, or feature requests regarding the API, you grant the Provider a perpetual, irrevocable, royalty-free license to use that feedback to improve the Platform.
4.3. Brand Usage.
(a) "Works With": You may use the phrase "Works with Pinkdude" or "Integrated with Pinkdude" to describe your integration.
(b) Restricted Marks: You may not use the Provider’s logo as your app icon, or name your app in a way that suggests it is an official Provider product (e.g., "Pinkdude Analytics" is prohibited; "Analytics for Pinkdude" is permitted).
5. USER DATA AND PRIVACY
5.1. User Consent.
You must obtain explicit, informed consent from End Users before accessing their data via the API. Your OAuth flow must clearly describe the permissions requested.
5.2. Security Standards.
You agree to implement industry-standard security measures (e.g., encryption at rest and in transit) to protect data accessed via the API.
(a) Breach Notification: You must notify the Provider within 24 hours of discovering any actual or suspected security breach that impacts Provider Data or API credentials.
5.3. Downstream Data Ban.
Partner may not provide API Data to any third party, subprocessors, or downstream services except as strictly necessary to operate the Partner App and in compliance with equivalent security obligations. The Partner remains fully liable for any breach caused by its downstream vendors. You may not sell, rent, or lease API Data to data brokers, ad networks, or analytics firms.
6. TERMINATION AND SUSPENSION
6.1. The "Kill Switch".
The Provider may suspend or terminate your API access immediately, with or without notice where reasonably necessary, if:
(a) Your usage creates a security risk or instability for the Platform.
(b) You violate these Terms or the Acceptable Use Policy.
(c) The Provider deprecates the API version you are using.
(d) For any other reason, acting in our reasonable discretion.
6.2. Effect of Termination.
Upon termination, you must:
(a) Stop using the API immediately.
(b) Delete all cached or stored Provider Data within 7 days.
(c) Remove all Provider branding from your Partner App.
6.3. Platform Damage Shield.
The Provider shall not be liable for any loss of revenue, customers, integrations, data, or business opportunities resulting from the suspension or termination of API access.
7. LIABILITY AND DISCLAIMERS
7.1. Dependency Disclaimer.
Partner acknowledges that the API is provided as an interoperability tool and shall not be relied upon as critical infrastructure for the Partner’s business operations. The Provider makes no warranty that the API will be error-free, uninterrupted, or backward-compatible.
7.2. Security Precedence.
Where a conflict exists between service continuity and platform security, security considerations shall take precedence. We reserve the right to sever API connections immediately during a security incident.
7.3. Breaking Changes.
The Provider reserves the right to modify or update the API at any time. While we aim to provide notice of breaking changes, we are not liable for any disruption to the Partner App caused by API updates.
7.4. Indemnification.
Partner agrees to indemnify and hold harmless the Provider from any claims arising out of:
(a) Your misuse of the API or User Data.
(b) Infringement claims regarding the Partner App.
(c) Your breach of this Agreement