11. MORE LEGAL TERMS
11.1. Limited License to Your Content. You grant Momentive a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your copyrights, trademarks, patents, publicity, moral, database, and/or other intellectual property rights in and to your App, but only for the limited purposes of promoting and marketing Momentive, Momentive’s API, and any API content in any media. This license also extends to any trusted third parties Momentive works with.
11.2. Integration Directory. Momentive may include and promote your application in Momentive’s integration directory of applications for Momentive users that have been developed by developers. Notwithstanding your application appearing in the integration directory, you agree that Momentive may for any reason demote or remove it from the integration directory.
11.3. Suspension and Termination. Momentive will endeavor to warn you if there is an issue with your App’s compliance with these Terms, or a compliance issue with the manner in which you are accessing the API, so that you can attempt to remedy the problem. Notwithstanding the foregoing, if Momentive believes that you have violated these terms or are accessing or using the API in any way that Momentive regards as abusive, or that causes liability or detriment to Momentive, Momentive may immediately, and without notice, suspend or terminate your access to the API, your Developer Account, and any API Content. Momentive may terminate these Terms for any reason, with or without notice to the email address associated with your Developer Account. You may terminate these Terms for any reason by ceasing to access the API, ceasing to use any API Content, and canceling your Developer Account.
11.4. Consequences of Termination. Upon termination of these Terms, you will cease accessing the API and will delete all API Content. Sections 3.2 (Restrictions), 9 (Momentive Brand Assets), 11.4 (Consequences of Termination), and 11.7 (IP Ownership) to 11.14 (Terms for Non-U.S. Developers) will survive the termination of these Terms.
11.5. Cooperation. You agree to assist Momentive, at its request, to verify compliance with these Terms by providing Momentive with information about your App, including providing Momentive with access to it and/or other materials related to your use of the API.
11.6. Modifications and Support. Momentive may provide you with support for the API in Momentive’s sole discretion. Momentive may modify the API at any time without notice or liability to you. If you continue to access the API after such modifications, such act will be deemed your acceptance of the modifications.
11.7. IP Ownership. You acknowledge that Momentive and Momentive’s Users retain all worldwide rights, title and interest (including intellectual property rights) in and to the API Content. You acknowledge that Momentive or its licensors retain all rights, title and interest (including intellectual property rights) in and to the API and the Marks (and any derivative works or enhancements). You shall not do anything inconsistent with such ownership. Rights not expressly granted by these Terms are reserved by Momentive.
Subject to the foregoing, you retain all worldwide rights, title and interest (including intellectual property rights) in and to your App. If you provide Momentive with any feedback or comments concerning the API or API Content, you agree that Momentive may use, reproduce, license, distribute and exploit in any other way, such feedback or comments.
11.8. Similar or Competitive Products or Services. You acknowledge that Momentive may independently develop, or have developed for it by other parties, products or services that are similar to or otherwise compete with your App, and nothing in these Terms will be construed against that.
11.9. Disclaimer of Warranties. ACCESS TO THE API AND THE API CONTENT IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND MOMENTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT. SOME API FEATURES MAY BE EXPERIMENTAL AND UNTESTED. MOMENTIVE DOES NOT REPRESENT OR WARRANT THAT THE API IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. YOUR USE OF THE API AND API CONTENT IS AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE API, INCLUDING FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA. WHILE MOMENTIVE STRIVES TO MAKE THE API AVAILABLE WITHOUT INTERRUPTION, MOMENTIVE DOES NOT GUARANTEE THAT THE API WILL ALWAYS BE AVAILABLE AND DOES NOT PROVIDE ANY GUARANTEES AS TO SERVICE LEVELS.
11.10. Indemnity. You agree to indemnify and hold harmless Momentive, its affiliates, and their directors, officers, employees and agents, from and against any third party claim, losses, damages, suits, judgments, liability, and litigation costs (including reasonable attorneys’ fees) arising from or related to your use of the API or the API Content or your violation of these Terms.
11.11. Limitation of Liability. YOU AGREE THAT MOMENTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOMENTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE API OR THIRD PARTY PRODUCTS THAT ACCESS API CONTENT. IN ANY EVENT, MOMENTIVE’S AGGREGATE, CUMULATIVE LIABILITY TO YOU ARISING IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US$100.00.
11.12. General. If any provision of these Terms is determined to be invalid or unenforceable by a court, such provision shall be deemed severable and the remainder of these Terms shall remain in full force and effect. The failure by Momentive to enforce any right or provision of these Terms shall not constitute a waiver of that provision or of any other provision of these Terms. You agree that you, and not Momentive, is responsible for determining which laws may apply to your use of the API and the API Content and assessing your obligations under such laws. These Terms comprise the entire agreement between you and Momentive with respect to its subject matter and supersede any prior or contemporaneous understandings, representations and other communications (written or oral) between you and Momentive.
11.13. Terms for U.S. Developers. If you are located in the United States, these Terms shall be governed by the laws of the State of California, without reference to its conflicts of law rules, and the parties hereby submit to the exclusive jurisdiction and venue of the state and federal courts located in that State.
11.14. Terms for Non-U.S. Developers. If you are located outside of the United States, these Terms shall be governed by the laws of Ireland, and the parties hereby submit to the exclusive jurisdiction of the courts of Ireland in relation to any claim arising under or in connection with these Terms which cannot be solved through a mutually agreed conciliation procedure.
“Access Token” means a token that permits your App to access or modify data in a User’s account.
“API” means the application programming interface and associated code, tools, documentation and related material that Momentive provides to you in relation to our Services.
“API Content” means any content made available to you through use of the API.
“App” or “Application” means a software application, website, product or service that you create or offer.
“Access Credentials” means the security keys, secrets, tokens, passwords, usernames and other identifiers and credentials used to access the API.
“Developer Account” means the account for which you are required to register in order to obtain the Access Credentials and access to the API.
“Momentive” means Momentive Inc. if you are located in the United States, Momentive Brasil Internet Eireli if you are located inside of Brazil, and by Momentive Europe UC if you are located elsewhere.
“Terms” means these Momentive API Developer Terms
“User” means a Momentive user or a user of your Application that uses the API.
Jul 22, 2013 updates to Feb 14, 2013 version:
Jan 1, 2015 updates to Jul 22, 2013 version:
Nov 29, 2016 updates to Jan 1, 2015 version:
Jan 10, 2017 updates to Nov 29, 2016 version:
Clarified that SurveyMonkey may charge for API calls that reach certain limits and these fees and quantities will be specified in the developer’s order form. Also clarified that unused API calls do not roll over to the next period.
Added a license grant to developer's intellectual property rights for the limited purpose of SurveyMonkey's promotional activities.
Clarified when a developer's App may appear in our integration directory.
Mar 28, 2017 updates to Jan 10, 2017 version:
May 31, 2017 updates to March 28, 2017 version:
August 10, 2021 updates to May 31, 2017 version:
Clarified that effective as of July 1, 2021, SurveyMonkey Inc. became Momentive Inc., SurveyMonkey Europe UC became Momentive Europe UC, and SurveyMonkey Brasil Internet Eireli became Momentive Brasil Internet Eireli.