Important: These terms are effective from March 15, 2022.
These Wix Developers Terms of Use (the “Developer Terms”) apply to your (“You” or “Developer”) access to and use of the Wix Developers service available at: https://dev.wix.com/apps (the “Wix Developers”) to develop, test, share and support your applications and/or software services (the “Apps”).
The Wix Developers is a part of the platform and services operated and offered through the www.wix.com website (the “Wix Website”) by Wix.com Ltd. (together with its affiliated companies, “Wix”). Wix and Developer may be referred to herein in each as a “Party” and collectively as the “Parties”.
These Developer Terms and any accompanying documentation that applies to your use of the Wix Developers, together with Wix’s Terms of Use, Wix’s Privacy Policy and App Market Guidelines (collectively, the “Wix Terms”), are incorporated herein by reference, and shall govern the relationship between Wix and Developer, in addition to these Developer Terms.
By accessing and using the Wix Developers, You acknowledge that You understand and agree to be bound by all the provisions of the Wix Terms. Wix may change, amend or terminate these Developer Terms at any time. Your use of the Wix Developers after any change or amendment means You agree to the new Developer Terms. If You do not agree to the new Developer Terms or if we terminate these Developer Terms, You must stop using the Wix Developers.
1.1. The Wix Developers offers various tools and documentation, such as Wix application programming interfaces (“APIs”), software development kits ("SDKs"), webhooks, app components, scripts, and other related materials and documentation, whether tangible or intangible, in whatever form or medium that are made available by Wix at the Wix Developers or as otherwise provided to You (collectively, the “Developer Tools”).
1.2. Subject to your ongoing compliance with the Wix Terms, Wix grants You a limited, non-exclusive, non-assignable, non-transferable and revocable license to use the Wix Developers and the Developer Tools to develop, test, share and support your Apps that interoperate or integrate with the Wix Website and any associated websites, products or services offered by Wix, solely in the manner described in these Developer Terms and the App Market Guidelines and in the technical documentation contained in the Wix Developers, subject to the Wix Terms.
1.3. You acknowledge that Wix retains all worldwide right, title and interest in the Wix Developers and the Developer Tools, including without limitation all intellectual property rights therein. If You acquire any rights in the Wix Developers or the Developer Tools, by operation of law or otherwise, You, at no expense to Wix, hereby assign all such rights to Wix. You may use the Wix Developers and the Developer Tools only as expressly permitted in these Developer Terms. Violation of these Developer Terms may result in the suspension or termination of your use of the Wix Developers and the Developer Tools.
You agree that Wix may monitor use of the Developer Tools to ensure quality, improve Wix products and services, and verify your compliance with the Wix Terms. This monitoring may include Wix accessing and using your Apps, for example to identify security issues that could affect Wix or Wix’s users and/or visitors (collectively, the “Users”). You will not interfere with this monitoring. Wix may use any technical means to overcome such interference. Wix may suspend access to the Developer Tools by You or your Apps without notice if we reasonably believe that You are in violation of the Wix Terms.
You represent, warrant and covenant that:
3.1. Developer has the power and authority to fully perform all obligations hereunder;
3.2. If You are entering into these Developer Terms on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity;
3.3. Developer is at least 18 years of age (or the age of majority in jurisdiction of residence);
3.4. All information You have provided and will provide to Wix is true, accurate and complete;
3.5. Your Apps and their contemplated use and your use of the Wix Developers and the Developer Tools do not and will not violate any agreements to which Developer is a party or of which Developer is otherwise aware;
3.6. Your Apps and their contemplated use and your use of the Wix Developers and the Developer Tools comply with all applicable laws including, but not limited to: (a) data protection, privacy and other laws and regulations relating to collection, use and sharing of personal information by your Apps, (b) applicable telecommunications laws, and (c) any consumer, eCommerce, products, services and related laws, including without limitation laws relating to advertising or marketing;
3.7. The Apps and their contemplated use and your use of the Wix Developers and the Developer Tools do not infringe or misappropriate any intellectual property or personal right of any third party;
3.8. Wix’s exercise of the rights Developer grants Wix under these Developer Terms will not obligate Wix to pay any third party any amounts;
3.9. Developer is not included in the SDN List and is not a national of or located in, or ordinarily residing in a country that is subject to comprehensive economic sanctions by the US government or the Israeli government.
4.1. Complying with Wix Terms. Any use of the Developer Tools must comply with the Wix Terms (including the App Market Guidelines) and any other policies, requirements and documentation provided by Wix, which may be modified from time to time.
4.2. Use of Developer Tools. You will only use the Developer Tools offered and made available to You by the Wix Developers.
4.3. Prohibited Actions. When using the Developer Tools, You will (and will ensure that your employees, agents and service providers will):
a. Only use the Developer Tools (including APIs and SDKs) offered by the Wix Developers to develop and operate your Apps, not for anything else, and not circumvent technological measures intended to prevent direct access;
b. Never ask for more permissions than the ones required for your Apps to function as intended; determine the scope of your Apps permissions thoroughly before requesting permissions in the Wix Developers;
c. Prior to accessing Users’ data Users must grant You access through a consent screen provided by Wix at the time the App is installed by a User. Any other access to or use of Users’ data by You is strictly prohibited and is a violation of these Developer Terms.
d. Not make your Apps available for use in a manner that circumvents the need for the Users to permit access through the APIs;
e. Request, use or make available any data obtained using the APIs outside any permissions expressly granted by the Users in connection with using your Apps;
f. Restrict disclosure of the API Credentials (as defined below), or any part thereof, to your employees, agents and services providers, who must require access to your Apps in accordance with the Wix Terms; “API Credentials” means the credentials that allow You to make authenticated requests to the APIs;
g. Use only your API Credentials to access the APIs; stay within the limits we set for API requests, and keep your Apps up to date with APIs changes;
h. Not include code in any App which performs any operations not related to the services provided by the App;
i. Not falsify or alter any unique referral identifier in, or assigned to your Apps, or otherwise obscure or alter the source of queries coming from your Apps to hide a violation of the Wix Terms;
j. Not engage in any activity that interferes with, harms, damages, or accesses in an unauthorized manner the servers, networks, systems, data, applications or other properties or services of Wix or any third party (collectively, the “Wix Systems”);
k. Not develop Apps that excessively burden or impose an unreasonable or disproportionately large load on the Wix Systems;
l. Not modify, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Wix Developers or the Developer Tools, or any aspect or portion thereof;
m. Not substantially replicate products or services offered by Wix, provided that each Party agrees that the other Party may develop and publish Apps that are similar to or otherwise compete with such party’s Apps;
n. Not develop Apps whose primary purpose is to migrate the Users off of Wix;
o. Not develop or distribute any App that has as its primary purpose the transfer, sharing, selling, disclosing or otherwise providing of Users’ data to any third party;
p. Not use the Wix Developers or the Developer Tools, or any data obtained using the Developer Tools, to conduct performance testing or to identify, exploit or publicly disclose any potential security vulnerabilities;
q. Not access or use the APIs to develop or distribute Apps in any way in furtherance of criminal, fraudulent, or other unlawful activity, or otherwise violate the Wix Terms;
r. Not install malicious software, programs or viruses onto Users’ computers or websites, run any background services not required for the purpose of your Apps or use Users' websites or resources without permission (e.g., as part of botnet or crypto-mining);
s. Not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the Developer Tools;
t. Not use the Developer Tools in a way that could create, in Wix's sole discretion and judgment, an unreasonable risk to the Users from a security or data privacy perspective; and
u. For more information, please refer to the developer documentation.
4.4. Share URL Tool. You may share your Apps via the Share Your App link generator feature (“Share URL Tool”). The Share URL Tool may be used either (i) for testing purposes and then must not be used for distributing your Apps as public apps and must not be installed by more than eighty (80) different Users per each App (“Installation Limits”); or (ii) as a way of sharing your Apps that you have elected not to be listed in the App Market and in such a case you shall obtain prior written approval of Wix to use Share URL Tool for this purpose and Wix may, at its sole discretion, provide You with the Share URL Tool with a customized number of Installation Limits that may be modified at any time at Wix’s sole discretion and/or Wix may terminate your use of such Share URL Tool anytime for any reason and/or make your use of the Share URL Tool subject to additional terms.
4.5. Developer Tools Limits. Wix may set and enforce limits on your use of the Developer Tools (e.g., limiting the number of API requests that You may make or the number of Users You may serve), in our sole discretion. You may not, and may not attempt to, circumvent such limits.
Without limiting your other representations, warranties and obligations under these Developer Terms, to the extent You perform any form of Processing activity with respect to or in connection with any Personal Data of Users (collectively, “User Data”), then You and your App(s) must comply with all applicable data privacy, data protection and data security laws and regulations (collectively, “Data Privacy Laws”), including, without limitation, any and all consent or notice requirements.
5.1. The terms below shall have the following meanings:
5.1.1 “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
5.1.2 “Data Subject”, “Personal Data”, “Processing” or “Process”, “Controller”, as used in this Section 5, shall have the meanings given in the GDPR.
5.2. Roles of the Parties. The Parties agree that each will act as a Controller with respect to Personal Data of Users (excluding Wix Users’ website visitors data). It is acknowledged that each Party is a separate, independent Controller of Personal Data of Users (excluding Wix Users’ website visitors data). Personal Data of Users (excluding Wix Users’ website visitors data) will not be processed by the Parties as joint controllers as referred to in Article 26 of the GDPR. Each Party shall be independently responsible for compliance with its obligations as a Controller under applicable Data Privacy Laws.
5.3. Privacy Policy. If an App performs any form of Processing activity with respect to any User Data, You must maintain and comply with a comprehensive privacy policy. You shall be responsible for informing all Users of such privacy policy, including by providing access to such policy through a provided link and, if requested, (ii) submitting such policy to Wix for display to Users in the App Market and ensuring that Wix is able to display notice of such privacy policy in accordance with this Agreement and all applicable laws or regulations. Such privacy policy must: (i) comply with all applicable laws and regulations; (ii) inform Users regarding the information collected by the App, and the manner in which such information is processed, used, stored, secured and disclosed, including the categories of third parties to which information may be disclosed; (iii) describe the process by which You notify its Users of material changes to such privacy policy; and (iv) describe the controls that Users have over the use and sharing of their information, and how they may access their information.
5.4. Security. You shall implement appropriate technical and organizational measures to ensure an appropriate level of security of User Data, including, as appropriate and applicable, the measures referred to in Article 32(1) of the GDPR.
5.5. Personal Data Breach. You shall promptly notify Wix within no later than 24 hours (or a shorter period of time if required under the applicable Data Privacy Laws) and the User of any actual or suspected data security compromise involving User Data. You shall promptly take steps to contain and control any unauthorized access to or misuse of User Data and continue to promptly provide information relating to the investigation and resolution of the data security compromise until Wix determines that the data security compromise has been resolved.
5.6. Third-Party Processors. Each Party may transfer Personal Data to and otherwise interact with third-party data Processors. Each Party agrees that if it transfers Personal Data or otherwise interacts with a third-party data Processor, it will enter into a separate contractual arrangement with each such Processor to ensure compliance with its obligations under applicable Data Privacy Laws and hereunder.
5.7. Data Minimization. You shall limit its User Data Processing activities only to the extent required to operate your App and to provide the App’s services to the Users. You are prohibited from Processing, either directly or through a processor, any User Data provided to You by Wix for the purposes of marketing, advertising, sales, personalization, except at the instruction of the User and in compliance with applicable Data Privacy Laws. You shall not include User Data provided to You by Wix in any product or service offered by You to third parties without the applicable User consent or in manner that constitutes a “sale” under the CCPA.
5.8. Data Subject Rights. Each Party shall assist the other Party, to the extent reasonably requested, to comply with any of such other Party’s statutory obligations concerning requests to exercise Data Subject rights under applicable Data Privacy Laws.
5.9. Retention; Deletion or Return of Personal Data. Subject to applicable Data Privacy Laws, each Party will retain Personal Data only for as long as necessary to satisfy the purposes for which it was provided to such Party, or to the extent required by applicable Data Privacy Laws.
5.10. Cookies: In case You use cookies and/or other similar tracking technologies (collectively, “Cookies”) to track Wix Users or any Wix Users’ website visitors, You will place a clear and comprehensive notice explaining which Cookies are used by You, the type of information You may obtain from Wix Users or any Wix Users’ website visitors by use of such Cookies, and obtain appropriate consents. In addition, You will refer, or will make available, Wix Users and any of Wix Users’ website visitors to your privacy and Cookies policies. With respect to any Wix Users’ website that uses a Cookies management tool to enable such website’s visitors to select their Cookie preferences and manage their Cookies consents, App shall adhere to and comply with the Wix Users’ website visitors cookie preferences.
Some of the software packages, libraries, or components required by or included in the Developer Tools are or may become licensed under an open source software license (“Open Source Components”). To the limited extent that the Open Source Components license expressly supersedes these Developer Terms, your use, reproduction and distribution of any such Open Source Components is governed by the terms of the applicable open source software license and not these Developer Terms.
7.1. Changes to the Developer Tools. We may change or discontinue the availability of some or all of the Developer Tools at any time for any reason with or without notice. Such changes may include, without limitation, removing or limiting access to specific Developer Tools, requiring fees or setting and enforcing limits on your use of additions to the Developer Tools. We may also impose limits on certain features and services or restrict your access to some or all of the Developer Tools. We may release subsequent versions of the Developer Tools and require that You use those subsequent versions, at your sole cost and expense.
7.2. Beta Tools. From time to time, Wix may, in its sole discretion, invite You to use, on a trial basis, pre-release or beta features that are in development and not yet available to the public (“Beta Tools”). You understand and agree that certain Beta Tools may still contain software bugs, suffer disruptions and not operate as intended or designated. Wix makes no representations or warranties that the Beta Tools will function. Such Beta Tools and all associated conversations and materials relating thereto will be considered Confidential Information of Wix and subject to the confidentiality provisions in these Developer Terms.
If you provide us with any suggestions, comments or other feedback relating to the Wix Developers and/or the Developer Tools (whether existing, suggested or contemplated), which is or may be subject to any intellectual property rights (“Feedback”), such Feedback shall be exclusively owned by Wix. By providing such Feedback to Wix, you acknowledge and agree that it may be used by Wix in order to: (i) further develop, customize and improve of the Wix products and services, (ii) provide ongoing assistance and technical support, (iii) contact You with general or personalized Wix-related notices and/or interview requests based on your Feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Wix may use to provide and improve its services, (vi) to enhance Wix data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. Wix will treat any Feedback as non-confidential and non-proprietary. You will not submit any Feedback that you consider confidential or proprietary.
9.1. Content and Services. You have, and shall have, the sole responsibility for (i) all content of your Apps and (ii) the development, operation, functionality and maintenance of your Apps and the provision of services to the Users. You acknowledge and agree that Wix has no responsibility or liability for any fault in your Apps or any harm that may result from their installation or use. You are solely responsible for any liability which may arise from a Users’ access to or use of your Apps, including: (a) the development, use, marketing or distribution of or access to your Apps, including support of your Apps; or (b) your access, use, distribution or storage of Users’ data.
9.2. Responding to Claims. If Wix receives a claim from a third party concerning your Apps, Wix may refer such claim to You. You must respond to the claim within 24 hours, and take any and all actions required for your Apps to comply with the law. If You discover or are notified that your App violates the terms of these Developer Terms or the Wix Terms, You shall be obligated to immediately take the required actions to correct such violation.
10.1. Confidential Information (as defined below) of Wix that Wix may disclose to Developer as a result of Developer’s use of the Wix Developers may be used by Developer solely for the purpose(s) of performing Developer’s obligations or exercising Developer’s rights under these Developer Terms. Developer will not disclose any Confidential Information to any individual, entity or other person, except to those of Developer's employees who require access to such Confidential Information to perform their obligations under these Developer Terms.
For purposes hereof, “Confidential Information” shall mean any proprietary and nonpublic business, marketing, or technical information of Wix, including, without limitation, data, technology, know-how, inventions, discoveries, designs, processes, formulations, models, equipment, algorithms, software programs, interfaces, documents, specifications, information concerning research and development work, and/or trade and business secrets. Confidential Information will also include information disclosed by Wix which relates to current, planned or proposed products, marketing and business plans, forecasts, projections and analyses, financial information, and customer information. In all cases, Wix’s Confidential Information shall include any information that is marked “confidential” or “proprietary” or that given its nature should reasonably be considered to be Confidential Information. Confidential Information may also include Users’ information. For the avoidance of doubt, the APIs and API Credentials are deemed to be Wix’s Confidential Information. Confidential Information shall not include, however, information that Developer can show through documentary evidence is (i) already known to Developer, or is publicly available at the time of disclosure to Developer; (ii) becomes known to the general public after disclosure through no act or omission of the Developer in breach of these Developer Terms; (iii) is disclosed to Developer by a third party who is not, to the knowledge of Developer, in breach of an obligation of confidentiality; or (iv) was, is or will be independently developed by Developer without use of the Confidential Information.
10.2. Protection of Confidential Information
Developer shall at all times keep and hold such Confidential Information in the strictest confidence, and shall not use such Confidential Information for any purpose other than as may be reasonably necessary for the performance of Developer’s obligations or exercising Developer’s rights under these Developer Terms.
10.3. Unauthorized Use or Disclosure
Developer acknowledges that any unauthorized use or disclosure of any Confidential Information may cause irreparable damage to Wix or its licensors or users. If an unauthorized use or disclosure occurs, Developer will promptly notify Wix and take, at Developer’s expense, all steps necessary to recover the Confidential Information and to prevent its subsequent unauthorized use or dissemination, including availing itself of actions for seizure and injunctive relief. If Developer fails to take these steps in a timely and adequate manner, Wix may take them in its own or Developer’s name and at Developer’s expense.
11.1. DISCLAIMER OF WARRANTY
WIX PROVIDES THE WIX DEVELOPERS AND THE DEVELOPER TOOLS “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” DEVELOPER BEARS THE RISK OF USING THE WIX DEVELOPERS AND THE DEVELOPER TOOLS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WIX EXCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF PRODUCT LIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT, RELATING TO THE WIX DEVELOPERS AND THE DEVELOPER TOOLS.
11.2. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION, WIX, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND/OR AGENTS SHALL NOT BE LIABLE TO DEVELOPER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSSES OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING IN ANY WAY FROM THESE DEVELOPER TERMS, THE WIX’S PRODUCTS OR SERVICES, THE WIX DEVELOPERS, THE DEVELOPER TOOLS, OR DEVELOPER RELATIONSHIP WITH ANY USER, EVEN IF WIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, WIX’S LIABILITY TO DEVELOPER HEREUNDER FOR ANY REASON WILL BE LIMITED TO $100 USD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
11.3. Defence of Claims
Developer will defend, indemnify and hold harmless Wix and the directors, officers, employees, subcontractors and agents thereof upon Wix’s first request with respect to any claim, demand, cause of action, debt or liability (including by paying any associated costs, losses, damages or expenses and attorneys’ fees), to the extent that it is based upon or arises out of: (i) your infringement, violation, or misappropriation of any proprietary or personal right of a third party, including without limitation infringement of third parties privacy rights; (ii) your alleged breach of any term of these Developer Terms or the Wix Terms; (iii) your gross negligence or wilful misconduct; or (iv) relating to the use of or inability to use of the App and/or performance, non-performance or improper performance of the App, including any product liability claims.
Wix will notify Developer promptly in writing of the claim and, at Developer’s reasonable request, provide reasonable assistance in defending the claim. Developer will reimburse Wix for any reasonable out-of-pocket expenses incurred in providing such assistance. Developer will not make any settlement or compromise of a claim, or admit or stipulate any fault or liability on Wix part with respect to any claim covered by this section without Wix’s express, prior written consent.
12.1. The Wix Developers and the Developer Tools, and all software, information, documentation, and any additional intellectual or other property used by or on behalf of Wix or otherwise related to the Wix Developers, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Wix Property”) will be and remain the sole and exclusive property of Wix. To the extent, if any, that ownership of any Wix Property does not automatically vest in Wix by virtue of these Developer Terms, or otherwise, and vests in Developer, Developer hereby transfers and assigns to Wix, upon the creation thereof, all rights, title and interest Developer may have in and to such Wix Property (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.
12.2. Wix does not acquire ownership in your Apps, and by using the Wix Developers and/or the Developer Tools, You do not acquire ownership of any rights in the Wix Developers and/or the Developer Tools.
Access to the Wix Developers and the Developer Tools may be terminated or suspended by Wix at any time and at Wix’s sole discretion. Without limiting the foregoing, Wix may terminate your right to use the Wix Developers and the Developer Tools if you breach the Wix Terms or any documents incorporated by reference in the Wix Terms.
The terms of the Partner Agreement executed between Wix and Developer will prevail over any conflicting terms in these Developer Terms.