This agreement governs the use of the RichFlyer SDK (hereinafter referred to as the "SDK") in the RichFlyer Service (hereinafter referred to as the "Service") provided by INFOCITY, Inc. (hereinafter referred to as "the Company"). The SDK can only be used when you shall agree to these Terms.
Article 1 (Definitions)
1. The Service: RichFlyer Service that allows Operators to create, distribute and receive push notifications to mobilephones, tablet computers and web browsers as well as create and post messages to social networking sites at the same time
2. The SDK: Software Development Kits for mobilephone applications, tablet computer applications and web applications libraries provided by the Company to developers in order to use this SDK RichFlyer Service
3. Developed Applications: Mobilephone applications, tablet computer applications and web applications that are developed with this SDK
4. Operators: Those who use the Service to create and distribute push notifications, create and post messages to SNS, and provide applications to users
5. Developers: To develop mobilephones, tablet computers and web applications using the RichFlyer SDK
6. Users: End users of the developed applications
Article 2 (Consent to these Terms)
1. The Developer shall use the SDK upon agreeing to these Terms of Service.
2. The Developer shall be deemed to have accepted these terms by clicking to agree with these Terms of Service.
3. This Agreement shall be applicable in conjunction with the RichFlyer Terms of Service, and by agreeing to this Agreement, you agree to the RichFlyer Terms of Service. If there is any inconsistency between these Terms of Service and the RichFlyer Terms of Service(URL ; https://richflyer.net/rules.html), these Terms of Service shall take precedence.
Article 3 (Provision of the SDK)
2. The Developer shall obtain the SDK in the manner prescribed by the Company.
3. The Developer shall keep the service key issued by the Company at the time of registration in strict confidence and shall not allow any third party to use it.
Article 4 (Handling of Personal Information)
Article 5 (Ownership and Use of rights)
2. Any bug reports, feature requests or other feedback provided to the Company by the Operator, the Developer or others to improve the SDK and the functionality of the Service (collectively, the "Feedback") in no event shall any Feedback be deemed to be non-confidential. By providing Feedback, the Feedback Provider grants us a non-exclusive, worldwide, perpetual, irrevocable, irrevocable, transferable, sublicensable, and free license to use such Feedback for any purpose. You may not use the Feedback for any purpose other than the purpose for which it was provided, unless otherwise agreed in advance in writing between such Feedback provider and us prior to providing the Feedback..
Article 6 (Suspension of Use and Distribution)
1. In the event that the SDK is found to be defective or potentially infringing on the rights and interests of a third party, or in any other case deemed necessary by the Company, the Company may stop the use or delivery of the SDK without prior notice.
2. If the server that distributes the SDK is shut down due to force majeure, or in any other case deemed necessary by the Company, the Company may stop the distribution of the SDK without prior notice. The Company shall not be responsible for any damage caused to the Operator or the Developer due to the suspension of the SDK distribution of the SDK in accordance with this section.
Article 7 (Prohibited Acts)
The developer shall not engage in any of the following acts. If the Company determines that a Developer has violated any of the prohibited items, the Company may take measures that it deems necessary, such as suspension of use of the Service, and the Operator shall agree to such measures without objection.
(1) To use the SDK for purposes other than the Development of application.
(2) To duplicate, modify, reverse engineer, decompile, disassemble, or perform any similar act in the SDK.
(3) To capture or falsify the content of communication between the SDK and the server on the communication path, or any similar act.
(4) To develop an application that has a mechanism to make the SDK work differently from its original function from the outside, such as modifying the OS or using tools.
(5) To remove, conceal or tamper with any proprietary rights notices (including copyright and trademark notices) attached to or included in the SDK.
Article 8 (Disclaimer)
1. The Company shall not be held liable for any direct or indirect damages to users, operators or developers caused by the incorporation of this SDK. In addition, the Company shall not be responsible for any damages caused by changes in the SDK specifications, interruptions in distribution, or termination of the SDK, and the Company shall not be involved in the usage environment of the SDK.
2. This SDK is provided on an "as is" basis and the Company shall not guarantee that the SDK is compatible with all information devices, and users, operators, and developers are responsible for the possibility of malfunctions in the operation of the SDK due to OS upgrades, etc. of the mobilephones and the tablet computers in which the SDK is installed. Users, operators, and developers shall agree in advance. The Company shall not guarantee that the bugs in question may be resolved by fixing the program or other measures taken by the Company in the event of a bug. Furthermore, the Company shall not guarantee that the SDK may meet the specific objectives of the user, the operator, or the developer, or that it may have the expected functions, commercial value, accuracy, or usefulness, or that it may be free of defects.
3. The Developer may arbitrarily send or record information to the server of the Service for the purpose of using the effectiveness measurement function of the Service or the push notification delivery condition specification function, etc. However, the Company shall not be involved in the content of such information, and Developer shall agree that developer is solely responsible for any damage caused by loss of information, damage, or leakage of information due to hacking that occurs during transmission, Developer agrees the Company shall not responsible for Developer nor any third party.
4. In the event that the use of a third-party SDK in a Developed Applications results in the unavailability of the SDK, or the use of the SDK results in the unavailability of the third-party SDK, there is no guarantee that the Company's modifications to the program may resolve the situation, and the Company shall not be responsible for any of the following Not owed.
Article 9 (Compensation)
To the fullest extent permitted by law, Developers may take any and all claims or actions arising from your application's infringement of another's copyright, trademark, patent or other intellectual property rights, defamation, or violation of another's right of publicity or privacy, and your violation of this Agreement. Developer shall agree to defend, indemnify and hold harmless the Company, its affiliates and their respective officers and employees from and against any and all losses, liabilities, damages, costs and expenses (including attorneys' fees), litigation, legal proceedings and all losses, damages, costs and expenses.
Dec. 1, 2018 Effective.
November 22, 2019 Revised.
January 31, 2020 Revised.
December 14, 2020 Revised.