Developer Terms

When utilizing The AD Leaf Marketing Firm, LLC’s APIs, Developer Tools (including those for development on our Content Management System (“CMS”)), software development kits (SDKs), and any related software used or created by The AD Leaf Marketing Firm, LLC (collectively referred to as the “Developer Tools”), you consent to the following [The AD Leaf Marketing Firm, LLC] Developer Terms (“Terms”). We are thrilled to welcome you to the [The AD Leaf Marketing Firm, LLC] Developer ecosystem, and by utilizing The AD Leaf Marketing Firm, LLC, you commit to abiding by these terms. These terms were last modified on June 7th, 2024.

1. Welcome

These Developer Terms apply to your use of any of our Developer Tools that we make available to you, public or otherwise. By using the Developer Tools, you agree to our Platform Policy.

When you access or utilize the Developer Tools, you are engaging in a legal agreement with The AD Leaf Marketing Firm, LLC governed by the terms below, subject to change periodically, and by any relevant policies and guidelines, including our The AD Leaf Marketing Firm, LLC Developer Terms (“Developer Terms”), and our Acceptable Use Policy (“AUP”) (together referred to as the “The AD Leaf Marketing Firm, LLC Terms of Use”). If you are an individual representing an entity, you acknowledge that: (i) You have the appropriate authority to accept these Terms on behalf of such entity; (ii) You are of legal age to form a binding contract, (iii) and are not prevented from using or receiving the Developer Tools under applicable laws.

We occasionally update these Developer Terms. The updated Developer Terms will be published at: (theadleaf.com/developer-terms) and the “Last Modified” date above will indicate the latest version.

2. Definitions

Please reference these definitions when reviewing these Terms:

“Content” refers to any data or material accessed through the Developer Tools.

“Customer” denotes the authorized end user of the [The AD Leaf Marketing Firm, LLC] Products.

“Customer Data” encompasses any information submitted or gathered by a customer through any The AD Leaf Marketing Firm, LLC Products or Services (refer to our ToS for further details).

“Developer Credentials” include passwords, keys, tokens, or other access credentials facilitating access to the Developer Tools or Content.

“The AD Leaf Marketing Firm, LLC Account” holds the same significance as outlined in our Terms of Service.

“The AD Leaf Marketing Firm, LLC Platform” encompasses all The AD Leaf Marketing Firm, LLC products and services.

“Solution” pertains to your software application, website, digital asset, product, service, software module, template, linked service, integration, or anything developed using the Developer Tools.

“We”, “us”, “our”, or “The AD Leaf Marketing Firm, LLC” signifies The AD Leaf Marketing Firm, LLC.

“You” and “your” denote the party, other than The AD Leaf Marketing Firm, LLC, consenting to these Terms and utilizing the Developer Tools.

3. Developer Tools and Documentation

Utilization of our Developer Tools is subject to our Terms of Service, including any applicable limits or restrictions. Please note that we may terminate or suspend your Developer Tools at any time. The Developer Tools are not meant to be used for any other purpose other than for testing, monitoring, and building your Solution.

In addition to compliance with these Terms, your use of our Developer Tools must comply with the Developer Documentation that we provide to You.

1. Upon registering for the Developer Tools, you may need to furnish personal information. It’s imperative to maintain the accuracy and currency of this data consistently. Any details you provide will adhere to our Privacy Policy. We might utilize this information to reach out to you regarding pertinent content, products, services, or updates to the Developer Tools. You retain the option to unsubscribe from these communications whenever you choose.
2. Adherence to the technical documentation, usage guidelines, call volume constraints, and other relevant documents available on the Developer Site or provided elsewhere (collectively referred to as the “Developer Documentation”) is mandatory when utilizing our Developer Tools. In cases of discrepancy between the Developer Documentation and these Terms, the latter shall prevail.

4. Access and Use

We’re giving You the right to access and use our Developer Tools under these Terms. Your Solution belongs to You and the Developer Tools, our trademarks, and our products and services belong to The AD Leaf Marketing Firm, LLC.

You must comply with applicable laws and our policies in order to use the Developer Tools. Additionally, You can only use the Developer Tools we make publicly available and must follow our usage guidelines. Additionally, your users (if applicable) must also comply with these Terms and any applicable laws.

Access and Use

Accessing the Developer Tools: 

Under these Terms, we extend to you a non-exclusive, non-transferable, revocable, and non-sublicensable license to access and utilize the Developer Tools. It’s important to note that we do not claim ownership of your Solution. Similarly, your use of the Developer Tools does not confer ownership of any rights related to the Developer Tools themselves, Customer Data, our trademarks, our products and services, or the Content.

Permitted Uses

You are required to comply with all relevant laws, including those pertaining to data or software import/export, privacy, and local regulations. Additionally, your Solution must necessitate that your users and customers adhere to applicable laws and regulations.

Limits and Restrictions

• We reserve the right to adjust or modify the parameters governing the Developer Tools at our discretion, with or without prior notification to you.
• It’s important to adhere to our guidelines when utilizing the Developer Tools.
• Avoid engaging in any activities that are unlawful or could damage our reputation or that of our customers.
• Refrain from storing passwords associated with The AD Leaf Marketing Firm, LLC Accounts, and abstain from attempting to reverse-engineer our products and services.
• Your Solution may replicate or supplement the functionalities of our products and services, provided it does not cause harm to us, our customers, partners, or affiliates. Both parties are entitled to develop competitive products and services.
• Avoid retaining Content or Customer Data beyond the necessary duration or legal requirements.
• Ensure that Content within your Solution can always be traced back to us.

Limits and Restrictions

1. We retain the authority to establish and implement limitations on the Developer Tools as we see fit, and these limits may be modified at any time by revising the Developer Tools Usage Guidelines. While we strive to provide advance notice of any changes to these limits, this may not always be feasible.
2. You agree not to circumvent the restrictions outlined in the Developer Tools Usage Guidelines.
3. You shall refrain from participating in any deceptive, misleading, unlawful, or unethical activities that could adversely affect the Developer Tools, ourselves, our customers, or the general public.
4. Under no circumstances should you gather, retain, or share passwords associated with The AD Leaf Marketing Firm, LLC Accounts. Additionally, you are prohibited from replicating, altering, reverse-engineering, or tampering with the Developer Tools or any The AD Leaf Marketing Firm, LLC product or service.
5. Your Solution must not duplicate essential functions of, or substitute for, any The AD Leaf Marketing Firm, LLC product or service in a manner that could harm our reputation or financial standing, as well as that of our customers, partners, or affiliates. Nevertheless, both parties are entitled to autonomously develop, promote, and market products and services that resemble or compete with the offerings of the other party.
6. It is imperative that you refrain from storing or caching any Content or Customer Data beyond reasonable and lawful periods necessary for providing your Solution.
7. Any retrieved Content must not be combined with third-party content in a manner that obscures its attribution to us.

Obtaining Permission

You must obtain permission and consent before accessing or using Customer Data. You must also follow applicable laws and regulations when accessing or processing Customer Data.

If You submit any of your own content through Developer Tools, You give us permission to use it in order to provide the Developer Tools.

1. Prior to accessing Customer Data, you must obtain explicit consent from each Customer. Your access to Customer Data should strictly adhere to the permissions granted by the Customer. Furthermore, you are responsible for ensuring that all Customer Data is handled in accordance with: (i) your contractual agreements with the Customer, including a comprehensive privacy policy outlining the collection, usage, storage, processing, and protection of information, (ii) appropriate notifications and consents from end users, and (iii) all applicable laws and regulations. Additionally, you must obtain explicit consent from each Customer before sharing their data with any third parties.
2. Content and Customer Data available via the Developer Tools may be protected by intellectual property rights. If so, you are prohibited from using it unless you possess the necessary license from the owner or are permitted to do so by law. Should you submit any content via the Developer Tools, you grant us a perpetual, irrevocable, global, sublicensable, royalty-free, and non-exclusive license to utilize that content for the purpose of delivering the Developer Tools.

Security

You must properly store Customer Data and have industry security practices for your Solution. In the event your Solution has a security incident, we require You to work with us in notifying Customers.

You are required to maintain appropriate administrative, physical, and technical safeguards at all times. These safeguards must: 

1. meet or exceed industry standards, taking into account the sensitivity of the data you handle; 
2. comply with relevant laws and regulations, including those concerning data security and privacy, and 
3. be designed to prevent unauthorized access, use, processing, storage, destruction, alteration, loss, or disclosure of personal data and Customer Data. 

Developer Credentials issued by us must be kept confidential and not shared publicly or with third parties. In the event of any security deficiencies or intrusions in your Solution or systems, you must promptly address them and collaborate with us on any public communications, such as press releases, blog posts, or social media announcements, prior to their dissemination.

Deletion

If a Customer stops using your Solution, You must delete their data. If we terminate your use of the Developer Tools, You must delete all Content and Customer Data retrieved by your Solution.

In the event that a Customer terminates their association with you or requests the deletion of their data, you must expeditiously remove all of their Content and Customer Data, including any associated tokens, in compliance with relevant legal requirements.

Upon termination of your access to the Developer Tools by us due to a breach of our Platform Policy, you are obligated to promptly erase all Content and Customer Data, unless such action would contravene any legal obligations, agreements with a Customer, or directives from a governmental authority.

Monitoring

You consent to our monitoring of your utilization of the Developer Tools to maintain quality and security, enhance our offerings, and ascertain your adherence to the Platform Policy and these Terms. You also agree to aid us in this monitoring process by furnishing information regarding your Solution, data security measures, and Content storage practices. This may involve granting access to your Solution and pertinent materials associated with your use of the Developer Tools. Failure to fully comply with these Terms may result in the restriction or termination of your access to the Developer Tools, with or without prior notice.

5. Rights

We retain the authority to take any of the following actions, with or without prior notification:

1. Impose fees for accessing any of the Developer Tools.
2. Initiate or discontinue support for the Developer Tools.
3. Adjust the Developer Tools and mandate the adoption of the latest versions.
4. Prescribe a different manner of utilizing the Developer Tools.
5. Access any of the Developer Tools at our sole discretion.
6. Withdraw any of the Developer Tools at our sole discretion.

Should we conclude that your utilization of the Developer Tools or Developer Credentials is detrimental to our interests or those of our Customers, we reserve the right to deactivate any Developer Credentials you’ve acquired, block your IP address, or otherwise hinder your use or access to the Developer Tools.

6. Branding, Publicity, and Feedback

Branding

You authorize us to utilize all necessary rights to create and circulate incidental representations, such as screenshots, videos, or other content from your Solution, as well as to utilize your company or product names and logos, for the purpose of promoting, marketing, and demonstrating your Solution and associated products of The AD Leaf Marketing Firm, LLC. We do not acquire any interest, right, or title in any of your trademarks, copyrights, or content, and all related goodwill remains with you.

Throughout the duration of these Terms, you may utilize our trademarks provided you adhere to the usage guidelines outlined in this section. You must: (i) solely utilize the images of our trademarks provided by us, without any alterations; (ii) employ our trademarks solely in connection with your Solution; and (iii) promptly cease usage if we request that you discontinue using our marks. You must refrain from: (i) using our trademarks in a misleading or disparaging manner; (ii) employing our trademarks in a manner that suggests endorsement, sponsorship, or approval of your services or products by us (unless expressly authorized by The AD Leaf Marketing Firm, LLC in writing or in another agreement); or (iii) using our trademarks in violation of applicable laws or in connection with obscene, indecent, or unlawful subject matter or materials. Please ensure to review our branding guidelines available here.

Feedback

We welcome and encourage everyone to provide feedback or suggestions for enhancing our Developer Resources and Tools. You agree that all feedback and suggestions you provide will be non-confidential, and you grant us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to utilize, reproduce, modify, sublicense, and otherwise exploit any feedback (including any ideas, concepts, methods, know-how, or techniques embodied in feedback) for any purpose, without any limitation or obligation to you based on intellectual property rights or otherwise.

7. Term and Termination

These Terms will apply for as long as you use the Developer Tools, have an active Contract Agreement,  or until terminated as described by these terms of service found in your Contract Agreement.

Upon any termination of these Terms or discontinuation of your access to the Developer Tools, You will immediately stop using the Developer Tools, cease all use of our trademarks, and delete any cached or stored Content. We may independently communicate with any customer whose account(s) are associated with your Solution and Developer Credentials to provide notice of the termination or suspension of your right to use the Developer Terms and/or the Developer Tools.

a. Web Hosting and Email: In the event of an outstanding balance on your account. If the outstanding balance is not paid by You within 5 days after the billing date of Your Service The AD Leaf Marketing Firm, LLC reserves the right to terminate Your Service with automatic deletion of Your account content. In order to reactivate the Service the outstanding balance is to be remitted in full.

8. Disclaimers and Limitation of Liability

Warranties.

WE, ALONG WITH OUR AFFILIATES AND AGENTS, MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE DEVELOPER TOOLS OR THE CONTENT FOR ANY PURPOSE. THE AVAILABILITY OF THE DEVELOPER TOOLS MAY VARY. TO THE EXTENT PERMITTED BY LAW, THE DEVELOPER TOOLS AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE DEVELOPER TOOLS AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Indirect Damages.

TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

Limitation of Liability.

IF, DESPITE THE OTHER TERMS OF THESE TERMS, WE ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR TOTAL LIABILITY WILL BE LIMITED TO THE GREATER OF ANY AMOUNT YOU PAID US TO USE THE RELEVANT DEVELOPER TOOLS DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR $50 USD (FIFTY DOLLARS).

No Resale.

These Terms do not entitle you to distribute or resell The AD Leaf Marketing Firm, LLC Products or Services, nor do they establish any binding commitment on our part. Additionally, you may not directly or indirectly charge end users for the use of, or access to, the functionality of The AD Leaf Marketing Firm, LLC Products or Developer Tools. You are permitted to charge for your Solution, and these Terms do not restrict your ability to do so.

9. General

Amendment; No Waiver.

We reserve the right to update and modify any portion or all of these Terms at any time. Should such updates or modifications occur, the revised Terms will be posted at (theadleaf.com/developer-terms). These updates will be effective and binding upon posting. Whenever these Terms are changed, the “Last Modified” date above will be adjusted to reflect the date of the latest version. We recommend reviewing these Terms periodically. No delay in exercising any right or remedy or failure to object shall constitute a waiver of such rights or remedies, nor shall a waiver on one occasion constitute a waiver of any rights or remedies on any future occasion.

Applicable Law.

These Terms are subject to the laws of the State of Florida without regard to its conflict of laws provisions. If either party initiates an action in connection with these Terms or any other dispute between the parties, the exclusive venue and jurisdiction for such action shall be the state and federal courts in Brevard County, Florida.

Force Majeure.

Neither party shall be liable for failure or delay in performance caused by acts of war, hostility, or sabotage; acts of God; electrical, internet, or telecommunication outages not caused by the obligated party; government restrictions; or other events beyond the reasonable control of the obligated party. Both parties will make reasonable efforts to mitigate the effects of a force majeure event.

Compliance with Laws.

We will adhere to all applicable U.S. state and federal laws, as well as international laws, in providing the Developer Tools. We reserve the right to disclose any information necessary to comply with any law, regulation, legal process, or governmental request at all times. You must comply with all applicable laws in your use of the Developer Tools and Content, including export laws. You must also comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You may not export, re-export, or transfer the Developer Tools or Content to prohibited countries or individuals, or allow their use by prohibited countries or individuals, directly or indirectly.

Severability.

If any part of these Terms is deemed invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the original intent, and the remainder of the Terms shall remain in effect.

Notices.

Notices should be sent to the contact address specified herein (unless changed by notice to the other party) and shall be deemed delivered upon actual receipt. To The AD Leaf Marketing Firm, LLC: The AD Leaf Marketing Firm, LLC, 2238 Sarno rd, Melbourne, FL 32935. Attention: Legal. To You: your address as provided in our account information for You. The AD Leaf Marketing Firm, LLC may send electronic notices specific to You via email to your email addresses on record in our account information for You.

Entire Agreement.

These Terms constitute the entire agreement between you and The AD Leaf Marketing Firm, LLC regarding the use of the Developer Tools, superseding all prior proposals and agreements, whether electronic, oral, or written. We reject any additional or different terms proposed by you, including those in your purchase order, acceptance, or website. Our obligations are not contingent upon the delivery of any future functionality or features of the Developer Tools, nor are they dependent on any oral or written public comments made by us regarding future functionality or features of the Developer Tools.

Assignment.

You may not assign or transfer these Terms without our prior written consent, which shall not be unreasonably withheld. We may assign these Terms to any affiliate or in connection with a merger, reorganization, sale of all or substantially all of our assets, change of control, or by operation of law.

No Third-Party Beneficiaries.

These Terms are not intended to confer any rights, benefits, or remedies upon any third party.

Survival.

The following sections shall survive the expiration or termination of these Terms: ‘Security’, ‘Deletion’, ‘Rights We Reserve’, ‘Branding, Publicity, and Feedback’, ‘Term; Termination’, ‘Disclaimers; Limitations of Liability’, ‘Indemnification’, and ‘General’.

Injunctive Relief.

You acknowledge that unauthorized use or disclosure of the Content or any Developer Credentials may cause irreparable harm to us or our customers. Therefore, we retain the right to obtain immediate injunctive relief against any actual or threatened breach of these Terms, as well as the right to pursue all other available rights and remedies at law or in equity for such breach.