Last updated: June 8, 2021
If Developer intends to use the Fast Platform on behalf of an organization, by accepting these Developer Terms, Developer is agreeing to these Developer Terms on behalf of that organization and Developer must have authority to bind that organization to these Developer Terms.
1. Licenses, Usage, Feedback
1.1. License to Fast Platform. Subject to Developer’s ongoing compliance with the Fast Policies, Fast grants to Developer a limited, non-exclusive, non-transferable and revocable license to use the Fast Platform to develop, test and create Developer Apps. Developer acknowledges that as between Developer and Fast, Fast retains all worldwide right, title and interest in the Fast Platform, including without limitation all intellectual property rights therein, and that the Fast Policies do not grant Developer any rights in the Fast Platform or the content accessed through it. If Developer acquires any rights in the Fast Platform, by operation of law or otherwise, Developer, at no expense to Fast, hereby assigns all such rights to Fast.
1.2. License to Developer App. By using the Fast Platform, you provide Fast with a paid-up, royalty-free, revocable, worldwide, non-exclusive, non-transferable license to use the Developer App for testing, review or other related purposes to ensure that the Developer App complies with the Fast Policies. You may revoke this license at any time by providing written notice to Fast. If you revoke this license, your access to the Fast Platform will immediately terminate.
1.3. Production. To move a Developer App into production, or to gain access to certain features of the Fast Platform, Developer must submit a request for production status to Fast. Fast may, in its sole discretion, deny these requests.
1.4. Prohibitions. Developer warrants that it, its use of the Fast Platform, and the Developer App will not, and will not attempt to: (i) violate, encourage, or facilitate the violation of the Fast Policies; (ii) use or alter the Fast website, or any element of any Fast website, without Fast’s prior written consent; (iii) mislead any customer or user of the Developer App (“Users”), or (iv) collect, store, delete, transfer, sell, use, or alter any data provided by or related to Users in connection with use of the Fast Platform (collectively, “User Data”) without the prior written consent of the User, or in violation of these Developer Terms or applicable law, including any applicable privacy laws. Additionally, Fast sets and enforces limits on your use of the Fast Platform (e.g., limiting the number of API requests that can be made), in our sole discretion. Developer shall not, and shall not attempt to, circumvent such limits.
1.5. Updates and Monitoring. Fast may modify or update the Fast Platform from time to time. Fast may, but is not obligated to, review and monitor the Fast Platform, including how the Fast services are being accessed and used. Fast is not responsible for any third party information accessible through the Fast Platform. Fast may set and enforce limitations on Developer’s use of the Fast Platform, such as limiting the number of calls accepted by services on the Fast Platform, in its sole discretion. Developer will not attempt to circumvent these limitations.requests that can be made), in our sole discretion. Developer shall not, and shall not attempt to, circumvent such limits.
1.6. Open Source. If any component of the Fast Platform is offered under an open source license, Fast will make the license available to Developer and the provisions of that license may expressly override some of these Developer Terms.
1.7. Fast Products & Feedback. These Developer Terms do not grant Developer any rights in any Fast products or services or any User Data. Fast may use, modify, incorporate into Fast’s products and services, license, or sublicense any feedback, comments, or suggestions Developer sends to Fast or posts in any Fast forums without any obligation to Developer.
2. Security and Privacy
"Confidential Information" means financial, business, legal or technical information, including without limitation software, specifications or other non-public information, related to the Fast Platform that is marked or otherwise identified as proprietary or confidential at the time of disclosure, or that by its nature would be understood by a reasonable person to be proprietary or confidential. Confidential Information shall include without limitation API credentials. Unless otherwise authorized in writing by Fast, Developer shall only use Confidential Information as permitted herein, and shall not disclose, sell, license, transfer or otherwise make available any Confidential Information to any person or entity (including without limitation Users) except to Developer’s affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors, who are otherwise bound) to keep it confidential. Developer agrees that it will protect the Confidential Information from unauthorized use, access or disclosure in the same manner that it would use to protect Developer’s own confidential and proprietary information of a similar nature, and in no event with less than a reasonable degree of care. Developer’s confidentiality obligations, as they apply to any Confidential Information disclosed prior to termination, will survive termination of these Developer Terms.
4. Intellectual Property
4.1. Fast Trademark License. Fast grants Developer a non-exclusive, non-transferable, non-sublicensable, revocable license to use all trademarks, service marks, logos or trade names used to identify Fast or its products or services (the “Fast Marks”) solely to promote the Developer App, provided that Developer may not imply that Fast created, supports, or endorses the Developer App in any way. This license is subject to these Developer Terms, applicable law, and the Fast Brand Guidelines, which are available upon request. All goodwill derived from Developer’s use of the Fast Marks will inure to the sole benefit of Fast. Developer also agrees not to contest or aid in contesting Fast's rights in, or the validity of, the Fast Marks.
4.2. Developer Trademark License. Developer grants to Fast a non-exclusive, non-transferable license to use all trademarks, service marks, logos, or trade names used to identify Developer or its products or services, and descriptive materials that Developer publishes about the Developer App or Developer’s use of the Fast Platform. This license is: (a) limited to Fast promoting Fast products or services; (b) limited to Fast acknowledging or promoting Developer’s use of the Fast Platform; and (c) subject to applicable law and any trademark usage guidelines that Developer provides to Fast, except to the extent the trademark usage guidelines require further permission for the uses described above or conflict with these Developer Terms.
4.3. Reservation of Rights. Fast reserves all right, title and interest in and to the Fast Marks and Fast Platform. Except as expressly set forth herein, these Developer Terms do not grant Developer any rights in the Fast Marks, Fast Platform, or any other Fast intellectual property.
5. Term and Termination
Fast may terminate these Developer Terms, suspend or terminate Developer’s Fast account at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Fast Platform or any feature or aspect of the Fast Platform. We will take reasonable steps to notify Developer of termination by email or at the next time Developer attempts to access Developer's Fast account or the Fast Platform. Developer may also terminate these Developer Terms by deactivating Developer's Fast account at any time. If these Developer Terms or Developer's Fast account is terminated or suspended for any reason or no reason: (a) the license and any other rights granted under these Developer Terms and any other applicable terms will end, (b) we may (but have no obligation to) delete Developer's information and account data stored on our servers, and (c) Fast shall not be liable to Developer or any third party for compensation, reimbursement, or damages for any termination or suspension of access to the Fast Platform, or for deletion of Developer's information or account data. If Developer's Fast account is terminated or suspended, Developer agrees to: (a) continue to be bound by these Developer Terms, (b) immediately stop using the Fast Platform; and (c) immediately stop accessing all Fast Confidential Information. Developer further agrees that Fast has the right to audit Developer's deletion of all Fast Confidential Information, including after Developer's Fast account has been terminated.
Developer represents and warrants that: (a) all information Developer provides to Fast is true, accurate, and complete; (b) Developer has not previously had a Fast account that Fast terminated; (c) Developer has the full right, power, and authority to make, distribute, operate, support, and promote the Developer App, use the Fast Platform, and to enter into these Developer Terms; and (d) the Developer App, its contemplated use, and Developer’s use of the Fast Platform will not violate the intellectual property, privacy or other rights of others, or violate any laws, including without limitation: (i) the European Union General Data Protection Regulation (Regulation 2016/679); (ii) the ePrivacy Directive (Directive 2002/58/EC) or any local or European law implementing or replacing the same; (iii) the Canadian Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5); (iv) the Federal Trade Commission Act of 1914 (15 U.S.C. § 43); (v) the California Consumer Privacy Act; (vi) the Children’s Online Privacy Protection Act (15 U.S.C. § 6501-6505) or any regulations implemented pursuant thereto; and (vii) any guidelines, modifications or other amendments to the foregoing (i)-(vi).
THE FAST SERVICES, FAST PLATFORM AND ALL FAST SOFTWARE ARE PROVIDED "AS IS", AT DEVELOPER’S OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. FAST DISCLAIMS ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FAST MAKES NO WARRANTY OR REPRESENTATION THAT THE FAST PLATFORM WILL: (A) BE TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) MEET DEVELOPER’S REQUIREMENTS OR EXPECTATIONS; OR (C) BE FREE FROM MALWARE OR OTHER HARMFUL COMPONENTS.
Developer will indemnify, defend, and hold Fast and its affiliates, agents, and licensors harmless from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising from or related to: (a) Developer’s breach of these Developer Terms or any act or omission by Developer in connection with Developer’s use of the Fast Platform; (b) the Developer App; and (c) Developer’s collection or use of User Data; or (d) any other party’s access and/or use of the Fast Platform with Developer’s unique name, password or other appropriate security code. Fast may, at its own expense, participate in the defense and settlement of any claim or action with counsel of Fast’s own choosing. Developer cannot settle any claims without Fast’s prior written consent if the settlement assigns liability to Fast, or limits Fast’s rights, provided Fast will not unreasonably withhold its consent.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAST, ITS AFFILIATES, OR AGENTS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY; OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF FAST KNEW OR SHOULD HAVE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF FAST, ITS AFFILIATES, AND AGENTS FOR ALL CLAIMS UNDER THESE DEVELOPER TERMS WILL NOT EXCEED THE GREATER OF $100 OR ANY AMOUNTS PAID BY DEVELOPER TO FAST FOR ACCESS TO THE FAST PLATFORM DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Fast may amend these Developer Terms and the documentation and guidelines accompanying the applicable Fast Platform, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to Developer through Developer's Fast account (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Developer’s continued use of and access to the Fast Platform after the posting of a Revised Version constitutes Developer's acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the terms of service in place when the Dispute arose.
11.1. Informal Resolution. Before filing a claim, each party agrees to try to resolve the dispute by contacting the other party through the notice procedures set forth below. If a dispute is not resolved within thirty days of notice, Developer or Fast may bring a formal proceeding.
11.2. Arbitration. Developer and Fast agree to resolve any claims relating to these Developer Terms or the Fast Platform through final and binding arbitration, except as set forth below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules. The arbitration will be held in San Francisco (CA), or any other location both parties agree to in writing.
11.3. Opt-out of Agreement to Arbitrate. Developer can decline this agreement to arbitrate by emailing [email protected] from the email address associated with Developer's Fast account within 30 days of the date Developer created Developer's Fast account, or the Effective Date, whichever is later. However, if Developer agreed to a previous version of these Terms that allowed Developer to opt out of arbitration, Developer's previous choice to opt out or not opt out remains binding.
11.4. Exception to Arbitration. Either party may bring a lawsuit in the federal or state courts of San Francisco County, California solely for injunctive relief to stop unauthorized use or abuse of the Fast Platform, breach of Section 5 (“Intellectual Property”), or infringement of intellectual property rights without first engaging in the informal dispute notice process described above. Both Developer and Fast consent to venue and personal jurisdiction there.
11.5. NO CLASS ACTIONS. Developer may only resolve disputes with Fast on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
These Developer Terms and the Fast Policies constitute the entire agreement between Developer and Fast with respect to the Fast Platform, and supersede and replace any prior or contemporaneous agreements, terms, and conditions applicable to the Fast Platform. Fast's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Developer Terms will remain in full effect and an enforceable term will be substituted reflecting the parties’ intent as closely as possible. Developer may not assign any rights in these Developer Terms, and any attempt to do so is void. Fast and Developer are not legal partners or agents and intend their relationship to be that of independent contractors. These Developer Terms do not create third party beneficiary rights. Notices to Developer shall be sent to the applicable account email address and are deemed given when sent. Notices to Fast must be sent to Fast Legal at Fast AF, Inc., Attn: Legal Department, 349 9th Street, San Francisco, CA, 94103 and are deemed given when received.