‍Thanks for choosing to become a Developer on the Dutchie Platform! Your use of Dutchie’s Developer Tools is subject to (a) review and acceptance by Dutchie’s Partnerships Team, (b) your execution of an Ordering Document referencing these Developer Terms, or other acceptance of these Developer Terms as instructed by Dutchie; and (c) your continued compliance with these Developer Terms. We are committed to providing the best developer tools for you to improve your use of Dutchie’s products and grow your business. If you cannot or do not wish to follow these Developer Terms, however, please do not use the Developer Tools; use of the Developer Tools is not permitted by Dutchie without following these Developer Terms.
We are excited to have you join the Dutchie Developer ecosystem!
By accessing or using the Developer Tools, you are entering into a legal agreement with Courier Plus, Inc. d/b/a Dutchie that is governed by these Developer Terms, as they may be changed from time to time, and by any applicable policies and guidelines communicated to you by Dutchie. If you are an individual representing an entity, you acknowledge that: (a) you have the appropriate authority to accept these Developer Terms on behalf of such entity; (b) you are of legal age to form a binding contract; and (c) you are not prevented from using or receiving the Developer Tools under applicable law.
We may update these Developer Terms from time to time by posting the updated version at this URL, and your continued use of the Developer Tools following the update signifies your agreement to the updated Developer Terms.
Capitalized terms used within these Developer Terms will have the following meanings:
“Content” means any data or content accessed via the Developer Tools.
“Customer” means the authorized actual user of the Dutchie Product.
“Customer Data” means any data that a customer submits or collects via any Dutchie Products or Services, as more particularly described in the Dutchie Merchant Agreement.
“Developer Account” means a Dutchie Developer Account.
“Developer Credentials” means any passwords, keys, tokens, or other access credentials that allow you to access the Developer Tools or Content.
“Developer Site” means the webpage hosted by Dutchie with links to technical documentation, API limits, and other documentation on use of the Developer Tools.
“Developer Tools” means all software tools, APIs, and software development kits (SDKs) provided by Dutchie for use in development of our Point of Sale platform, eCommerce platform, marketplace, and other products or platforms, including those from Greenbits and LeafLogix, made available by Dutchie from time to time.
“Dutchie Merchant Agreement” means the agreement found at the following URL: https://try.dutchie.com/merchant-agreement/
“Dutchie Platform” means all Dutchie products and services.
“Ordering Document” means the document executed by you and Dutchie by which you accept these Developer Terms, and which may include certain additional information including, without limitation, fees charged to you for use of the Developer Tools and technical guardrails you may be subject to in your use of the Developer Tools.
“Solution” means your software application, website, website asset, product, service, software module, template, connected service, integration, and/or anything you create using the Developer Tools.
“We,” “us,” “our,” or “Dutchie” means Courier Plus, Inc. d/b/a Dutchie.
“You” and “Your” means the party, other than Dutchie, agreeing to these Developer Terms and using the Developer Terms, as identified on the Ordering Document.
Subject to these Developer Terms, we grant you a non-exclusive, non-transferable, revocable right, non-sublicensable license, to access, and use the Developer Tools. We do not acquire ownership in your Solution, and by using the Developer Tools, you do not acquire ownership of any rights in the Developer Tools, Customer Data, our trademarks, our products and services, or the Content. Developer Tools and Developer Documentation will be made available to you upon agreeing to these Developer Terms.
You must comply with all applicable laws (including laws regarding the import or export of data or software, privacy, and local regulations). Your Solution should also require your users and customers to comply with applicable laws and regulations and protect Customer Data in a manner no less protective than as provided for in our privacy policy.Â
You will at all times use the Developer Tools in compliance with Schedule 1 (Developer Policy) of these Developer Terms.
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We may set and enforce limits on the Developer Tools at our choosing, and may add or change the limits, charge a fee for their use, or discontinue certain uses at any time by modifying these Developer Terms. We will do our best to inform you prior to making changes to these limits, however, we may not always be able to do so.
You will not attempt to bypass the limitations to which you are subject as outlined in the Ordering Document.
You will not engage in any deceptive, misleading, illegal or unethical activities, or activities that otherwise may be detrimental to the Developer Tools, us, our Customers, or the public.
You will not collect, store, or share Dutchie Account passwords. You will not copy, reformat, reverse-engineer, or otherwise modify the Developer Tools or any Dutchie product or service.
Your Solution must not recreate a core functionality of, replace, or compete, directly or indirectly, in any way with any Dutchie product or service. You will not use the Developer Tools to develop, sell, and market other products and services that are similar to or otherwise compete with any Dutchie product, service, or partnership. To the extent you are an existing competitor of any Dutchie product or service, your Solution and any new product, service, or partnership you offer that is competitive to Dutchie is subject to these Developer Terms. We may terminate your use of the Developer Tools at any time if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our Customers, including by offering any products or services that compete with us or our partners, whether or not part of your Solution. If you develop, market, sell, or otherwise offer a product or service similar to or competitive to Dutchie’s product or service offerings following your access to the Developer Tools, Dutchie may terminate your use of the Developer Tools upon notice, you will immediately cease use of Dutchie’s intellectual property used to support development of such product or service, and you shall be liable to Dutchie for any damages or harm caused by such competitive product or service.
You must not cache, store or use any Content or Customer Data other than for reasonable and lawful periods in order to provide your Solution. You will not use, transfer, provide, or license any Content or Customer Data with or to any third-party product, partner, service, or agent, except to provide your Solution or with the express written consent of Dutchie.
You must not aggregate Content or Customer Data used with your Solution with third-party content in such a way that the Content and Customer Data cannot be attributed to us. You will not aggregate and/or sell, transfer, or license any Content or Customer Data to any third party or for use with any other product or service, including others offered by you.
You will access Content and Customer Data through the Developer Tools only. You will not utilize tools or services for web scraping, web harvesting, web data extraction, or the like to access the Content or Customer Data.
During your use of the Developer Tools and for twelve months after termination of your use, you will not solicit or otherwise induce any Dutchie Customers, prospective customers, or partners to purchase, use or adopt any competing product or service offered by you or any agent, affiliate or partner.
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You must obtain express permission from each Customer before you access their Dutchie Account or Customer Data. You agree only to retrieve or access Customer Data to the extent authorized and consented to by the Customer. You will ensure that all Customer Data is collected, processed, transmitted, maintained and used in accordance with (a) your agreement(s) with the Customer; (b) a legally adequate privacy policy which covers what information you collect and how it will be used, stored, processed, protected, and protect such information at least to the extent provided for in Dutchie’s Privacy Policy; (c) appropriate contextual notices to and consents from end users; and (d) all laws and regulations, including HIPAA and financial regulations. You must also obtain express permission from each Customer before you share their data with any third parties as part of your Solution. You, and not Dutchie, are solely responsible and liable for use of any Customer Data obtained via the Developer Tools.
Content and Customer Data accessible through the Developer Tools may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner or are otherwise permitted by law. To the extent that you submit any content via the Developer Tools, you give us a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use that content for the purpose of providing the Developer Tools.Â
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You will always use and have in place, appropriate administrative, physical, and technical safeguards that (a) meet or exceed industry standards with respect to the sensitivity of the data you are accessing or providing; (b) are compliant with applicable laws and regulations (including data security and privacy laws and regulations); and (c) are designed to prevent unauthorized access, use, processing, storage, destruction, loss, alteration, disclosure of personal data and Customer Data. You will keep all Developer Credentials that we issue to you confidential and not make them publicly available or disclose them to third parties. You will work with us to immediately correct any security deficiency and will immediately disconnect any intrusions or intruders. If your Solution or systems experience a security deficiency or intrusion, you will coordinate with us on any public statements Dutchie deems required under applicable law, regulation or industry best practice at its discretion (e.g. press, blog posts, social media, etc.) before publishing them. You will notify Dutchie within 24 hours upon becoming aware of any breach, hack, or leak of information, including Content and Customer Data, obtained through use of the Developer Tools, as well as any vulnerability you discover which could allow unauthorized access to Dutchie’s Content or Customer Data or to these Developer Tools.
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If a Customer ends their relationship with you or requests that you delete their data, you must promptly delete all their Content and Customer Data, including all tokens, in accordance with applicable law.
You must immediately delete all Content and Customer Data obtained through use of the Developer Tools if we terminate your use of the Developer Tools, except when doing so would cause you to violate any law, your agreements with a Customer with regard to that Customer’s data, or an obligation imposed by a governmental authority.
You agree that we may monitor your use of the Developer Tools to ensure quality, security, improve our products and services, and verify your compliance with these Developer Terms. You agree to assist us with this monitoring by identifying your entity and proposed Solution for the Developer Tools and providing us with information about your Solution, data security and protection practices, and storage of Content, which may also include access to your Solution and other materials related to your use of the Developer Tools. If you do not demonstrate full compliance with these Developer Terms, we may restrict or terminate your access to the Developer Tools or Developer Account with or without notice to you.
We reserve the right to do any of the following with reasonable advance notice as determined by Dutchie:
If we determine that your use of the Developer Tools or Developer Credentials is against the interests of us or our Customers, we reserve the right to deactivate any Developer Credentials you have obtained from them, block your IP address, or otherwise prevent your use or access of the Developer Tools.
You grant to us all necessary rights to product and distribute incidental depictions, including screenshots, video, or other content from your Solution as well as to use your company or product names and logos, in order to promote, market, and demonstrate your Solution and associated Dutchie products. We shall not acquire any interest, right, or title in any of your trademarks, copyrights, or content, and all associated goodwill shall reside with you.
During the term of these Developer Terms, you may use our trademarks as long as you follow the usage requirements in this section. You must (a) only use the images of our trademarks that we make available to you, without altering them in any way; (b) only use our trademarks in connection with your Solution; and (c) immediately comply if we request that you stop using our trademarks. You must not (a) use our trademarks in a misleading or disparaging way; (b) use our trademarks in a way that implies we endorse, sponsor, or approve of your services or products (unless authorized by Dutchie in writing or in another agreement); or (c) use our trademarks in violation of applicable law or in connection with an obscene or indecent topic or material.
We welcome and encourage everyone to provide feedback or suggestions for improving our Developer Tools. You agree that all your feedback and suggestions will be non-confidential and you grant us a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable license to use, copy, modify, sublicense, and otherwise exploit any feedback (including any ideas, concepts, methods, know-how or techniques embodied in feedback) for any purpose, without any restriction or obligation to you based on intellectual property rights or otherwise.
These Developer Terms will apply for as long as you use the Developer Tools, have a Developer Account, or until terminated as described by these Developer Terms. You may terminate these Developer Terms at any time by discontinuing use of the Developer Tools and closing your Developer Account.
Upon any termination of these Developer Terms or discontinuation of your access to the Developer Tools and Developer Account, you will immediately stop using the Developer Tools and Developer Account, cease all use of our trademarks, and delete any cached or stored Content. We may independently communicate with any customer whose account(s) are associated with your Solution and Developer Credentials to provide notice of the termination or suspension of your right to use the Developer Tools and/or the Developer Account.
We and our affiliates and agents make no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the Developer Tools or the Content for any purpose. The Developer Tools may not be available at all times. To the extent permitted by law, the Developer Tools and Content are provided “as is” without warranty or condition of any kind. We disclaim all warranties and conditions of any kind with regard to the Developer Tools and Content including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
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To the extent permitted by law, in no event shall we be liable for any indirect, punitive, or consequential damages, including lost profits or business opportunities.
If, notwithstanding the other terms of these Developer Terms, we are determined to have any liability to you or any third party, the parties agree that our aggregate liability will be limited to the greater of any amount you paid us to use the applicable Developer Tools during the 6 months prior to the event giving rise to the liability or $500.
These Developer Terms do not grant you the right to distribute or resell Dutchie’s products or services, nor do they create any binding commitment on behalf of us. In addition, unless otherwise agreed in an Ordering Document, you may not directly or indirectly charge end users for use of, or access to, the functionality of the Dutchie Platform or Dutchie Developer Tools. You are free to charge for your Solution, and these Developer Terms shall not restrict your ability to do so.
We may update and change any part or all of these Developer Terms at any time. If we update or changes these Developer Terms, the updated Developer Terms will be posted at this URL or at a successor URL identified by Dutchie. The updated Developer Terms will become effective and binding when posted. We encourage you to review these Terms periodically. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
These Developer Terms will be governed by the laws of the State of Oregon, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with these Developer Terms or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Portland, Oregon.
Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other events outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us under these Developer Terms.
We will comply with all applicable U.S. state, federal laws and international laws in our provision of the Developer Tools. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all applicable laws in your use of the Developer Tools and Content, including any applicable export laws. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Developer Tools or Content to prohibited countries or individuals or permit use of the Developer Tools or Content by prohibited countries or individuals.
If any part of these Developer Terms is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Developer Terms will continue in effect.
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Notice to you shall be sent to the contact address and/or email address identified in the Ordering Document or as otherwise provided by you. Notice to Dutchie shall be sent to Courier Plus, Inc. d/b/a Dutchie, 2728 NW Potts Court, Suite 100, Bend, Oregon 97703, Attention: General Counsel, with a mandatory copy sent via email to legal@dutchie.com. Notice will be deemed delivered as of the date of actual receipt. Either party may change their address(es) for notice by providing notice to the other party.Â
These Developer Terms are the entire agreement between us and you regarding the use of the Developer Tools and supersede all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Developer Tools or dependent on any oral or written public comments made by us regarding future functionality or features of the Developer Tools.
You may not assign or transfer these Developer Terms, including any assignment or transfer by reason of merger, reorganization, the sale of all or substantially all of your assets, change of control or by operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign these Developer Terms to any affiliate or in the event of a merger, reorganization, sale of all or substantially all of our assets, change of control or by operation of law.
Nothing in these Developer Terms, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of these Developer Terms.
The following sections shall survive the expiration or termination of these Developer Terms: “Security,” “Rights We Reserve,” “Branding, Publicity and Feedback,” “Term; Termination,” “Disclaimers; Limitation of Liability,” “Indemnification,” and “General.”Â
You acknowledge that the unauthorized use or disclosure of the Content or any Developer Credentials may cause irreparable harm to us or our Customers. Accordingly, you agree that we will have the right to obtain an immediate injunction against any breach or threatened breach of these Developer Terms, as well as the right to pursue any and all other rights or remedies available at law or in equity for such an actual or threatened breach.
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Dutchie is focused on providing a secure, high-quality, and data protection and privacy-focused environment for Customers, and this Developer Policy outlines our expectations for all of our Developers. This Developer Policy may not cover every type of application or integration, and there may be instances where your Solution is not addressed by this Developer Policy. We reserve the right to take any action or steps we deem necessary if your Solution violates the terms or spirit of this Developer Policy, or we feel that such action is necessary to preserve the integrity of our Developer ecosystem or to protect Customers. Violations of this Developer Policy may result in your Solution being blocked from connecting to the Dutchie Platform.Â
We take Data Protection very seriously and expect a high standard from our Developers. We expect that you will comply with all applicable laws and regulations. As such, we have the following guidelines for data protection and privacy standards:
In addition to data protection, we take security very seriously. We expect the following of our Developers:
We expect Developers to comply with applicable laws and regulations (in addition to data and privacy protection laws). As such, we prohibit you or your Solution from:
We want our Developers to create Solutions that are well designed and easy to use.
We expect all Solutions to provide a good user experience, so we require the following:
If requested, you must provide us with proof of compliance with this Developer Policy. Violations may result in removal from the Developer ecosystem, having your Solution blocked, Customer notification, legal action, or any other action deemed necessary by Dutchie.Â
