Developer Terms

10    Developer License

10.1   HCEWALLET API

This Agreement governs your use of HCEWALLET’s application programming interfaces (called EXTERNAL API) and any accompanying or related documentation, source code, software development kit, executable applications, access to test sandboxes, and any other services and materials (hereafter the “HCEWALLET API”).

Use of the HCEWALLET API is subject to this Part 3 and is also subject to General Use terms (Part 1).

10.2   License Grant

Subject to the terms and restrictions set forth in this Agreement, HCEWALLET grants you a cancelable, non-exclusive and non-transferrable license solely to use and integrate the HCEWALLET API and underlying content into your website or desktop or mobile application (“Developer Application”), so that your Developer Application can integrate with HCEWALLET Mobile App Software Development Kits (SDK) and HCE SWIM MAP host proprietary ‘Host API’.

10.3   Support, Restrictions and Responsibilities

HCEWALLET may elect to provide you with support or modifications for the HCEWALLET API, in its sole discretion, and may terminate such support at any time without notice. HCEWALLET may change, suspend, or discontinue any aspect of the HCEWALLET API at any time, including the availability of any HCEWALLET API.

HCEWALLET may set limits on the number of HCEWALLET API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, HCEWALLET may moderate your activity or cease offering you access to the HCEWALLET. You agree to such limitations and will not attempt to circumvent such limitations.

By using the HCEWALLET API, you agree to the following terms:

You shall:

  • Register for a HCEWALLET Account.
  • Comply with the terms of this Agreement and the Privacy Policy, and any amendment to either and your continued use of HCEWALLET API will mean you have accepted any such amendments.
  • Comply with all applicable laws, regulations, licensing requirements, and third party rights (including, without limitation, data privacy laws).
  • Represent and warrant that your Application, including but not limited to the name of the Application and all content in your Application, does not infringe the Intellectual Property rights of HCEWALLET or any third party.
  • Disclose in your Application, through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from end Users.
  • Use the HCEWALLET Marks only as expressly authorized in this Agreement.
  • Adequately secure your API security keys.
  • Obtain prior written approval from HCEWALLET prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to HCEWALLET, the HCEWALLET Marks, or this Agreement.

You shall not:

  • Copy, rent, lease, sell, sub-license, or otherwise transfer your rights in the HCEWALLET API to a third party.
  • Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the HCEWALLET API.
  • Integrate any spyware, adware, or any other malicious programs or applications with the HCEWALLET API.
  • Use the HCE wallet API to encourage, promote, or participate in illegal activity or use, violate third party rights, including intellectual property rights or privacy
  • Use the HCEWALLET API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of HCEWALLET’s servers or impacts the behavior of other applications using the HCEWALLET API.
  • without written consent which will detail enhanced on-boarding procedures, develop Developer Applications for use in any of the following activities:
    • Gaming, Gambling Services;
    • Donation Acceptance Services.

10.4   Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless HCEWALLET, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of the HCEWALLET API or your HCEWALLET Account in violation of this Agreement, (b) your Application that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, or (c) your failure to secure and keep secret your HCEWALLET API key(s).

10.5   Intellectual Property, Ownership and Use of Marks

As between HCEWALLET and you, the HCEWALLET API, HCEWALLET Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of HCEWALLET and are protected by applicable intellectual property laws and treaties. You have no rights with respect to HCEWALLET API or HCEWALLET Marks except as expressly set forth herein. If you obtain HCEWALLET’s prior written consent, you may use and display HCEWALLET’s name and logo (“HCEWALLET Marks”) solely to attribute the HCEWALLET API as the source of your Application.

10.6   Privacy

“Customer Data” means any and all Sensitive Personal Information (“SPI” such as card data, date of birth, device and usage information) derived from access to or use of any of the HCEWALLET API, including but not limited to data that relates to any end Users of any HCEWALLET Services or pertains to use of any HCEWALLET Services by such end Users.

You acknowledge and agree that you are solely responsible for obtaining all required consents from end Users in connection with any use of your Developer Application and the HCEWALLET API, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end Users of your Developer Application, you must provide adequate notice of what Customer Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Developer Application will comply with all privacy laws and regulations (including those applying to SPI) in connection with your access and use of the HCEWALLET API.

10.7   Security

You will use all reasonable efforts to protect using cryptographic encryption Customer Data (as defined above) collected by your Developer Application, including without limitation any SPI, from unauthorized access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you shall notify HCEWALLET promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by HCEWALLET resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any HCEWALLET API or any authorized or unauthorized use of your Application.

10.8   Data Use

You will not sell any Customer Data or disclose any Customer Data to any third party. Your Developer Application may use Customer Data only as required for use and access to your Developer Application by the end User to whom such Customer Data relates. You shall not sub-license the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Developer Application or transmit all or part of the Customer Data to any third party for any use separate from your Developer Application. Any use of Customer Data other than as expressly permitted by this Agreement is strictly prohibited.