Pabau App Developer Terms

Last Modified: 24th August 2024

Thank you for choosing to become a Developer on the Pabau Platform! By using Pabau’s APIs, applications, and other development tools (collectively, the “Developer Tools”), you agree to the following Pabau Developer Terms (“Terms”). We’re excited to have you as part of the Pabau Developer ecosystem, and by building on the Pabau Platform, you agree to be bound by these Terms.

1. Welcome

These Developer Terms govern your use of our Developer Tools and the applications you create and distribute via the Pabau App Marketplace. By accessing or using the Developer Tools or submitting your applications to the Pabau App Marketplace, you are entering into a legal agreement with Pabau, a product of Hambrand Technologies Limited. Your use of the Developer Tools and your applications is also subject to our Platform Policy and other applicable guidelines and policies.

If you are an individual representing an entity, you confirm that you have the authority to accept these Terms on behalf of that entity, are of legal age to form a binding contract, and are not barred from using or receiving the Developer Tools under applicable laws.

We may update these Developer Terms from time to time. We will post the updated Developer Terms at https://www.pabau.com/partners/developer-terms and update the “Last Modified” date to reflect the latest version.

2. Definitions

Please reference these definitions when reviewing these Terms:

“We,” “Us,” and “Pabau”: Refers to Pabau, a product of Hambrand Technologies Limited, its affiliates, and subsidiaries, the owner and operator of the Pabau App Marketplace and the Pabau practice management software platform.
“You”: Refers to the Developer, whether an individual or an entity, that registers to develop, submit, and distribute an App on the Pabau App Marketplace.
“App” or “Solution”: Any software application, product, service, integration, or add-on that you develop, submit, and/or distribute through the Pabau App Marketplace.
“Content”: Any data or content accessed via the Developer Tools or created through your App.
“End User”: Any individual or entity that downloads, installs, or uses an App from the Pabau App Marketplace.
“End User Data”: Any data submitted or collected by an End User via Pabau Products or Services.
“Developer Account”: A Pabau Developer Account used for testing and building your App.
“Developer Credentials”: Any passwords, keys, tokens, or other access credentials that allow you to access the Developer Tools or Content.
“General Terms and Conditions” or “GTC”: Refers to the terms and conditions that govern the use of Pabau’s services,
“Pabau App Marketplace”: The online marketplace operated by Pabau where Developers can submit and distribute Apps to users of the Pabau platform.
“Pabau Platform”: The suite of software services and applications provided by Pabau, including the practice management software, APIs, and related tools.
“Submission Guidelines”: The criteria and requirements set by Pabau that an App must meet to be accepted into the Pabau App Marketplace.
“Revenue-Sharing Model”: The agreed-upon method by which revenues generated from the distribution and sale of Apps in the Pabau App Marketplace are shared between the Developer and Pabau.
“Intellectual Property Rights”: Any and all rights existing under patent law, copyright law, trade secret law, trademark law, and all other proprietary rights, including any rights or forms of protection of a similar nature, regardless of whether those rights are registered or unregistered.
“Confidential Information”: All non-public information disclosed by one party to the other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
“GDPR”: The General Data Protection Regulation, Regulation (EU) 2016/679, as it may be amended, superseded, or replaced from time to time, which governs data protection and privacy in the European Union.
“API”: Application Programming Interface, a set of protocols and tools provided by Pabau that allow Developers to create Apps that can interact with the Pabau Platform.
“Modification”: Any update, upgrade, bug fix, patch, or other alteration made to an App by the Developer.
“Term”: The period during which these Terms and Conditions are in effect, starting from the date you accept them and continuing until terminated in accordance with Section 9.
“Third-Party Services”: Any services, software, or content provided by a third party that may be accessed or used by your App in connection with the Pabau Platform.
“Support Services”: Any technical support, updates, or maintenance services provided by the Developer for their App.
“User Data”: Any data, information, or content that is collected, processed, or stored by your App on behalf of the End User.

3. Developer Account and Documentation

A. Developer Account

You can sign up for a Developer Account to use for testing and building your Solution. Your use of the Developer Account is subject to our Terms of Service, including any applicable limits or restrictions. We may suspend or terminate your Developer Account at any time, with or without notice.

B. Information Accuracy

When signing up for the Developer Tools, you may be required to provide information about yourself. You must keep this information accurate and up to date at all times. Any information you provide is subject to our Privacy Policy. We may use this information to contact you about relevant content, products, services, or changes to the Developer Tools.

C. Compliance with Documentation

Your use of our Developer Tools must comply with the technical documentation, usage guidelines, and other documentation we provide (collectively, the “Developer Documentation”). In the event of any conflict between the Developer Documentation and these Terms, these Terms shall control.

4. Use of the Developer Tools and Apps

A. Access and Use

We grant you a non-exclusive, non-transferable, revocable license to access and use the Developer Tools, subject to these Terms. You retain ownership of your Solution, and Pabau retains ownership of the Developer Tools, our trademarks, and our products and services.

B. Permitted Uses and Restrictions

You must comply with all applicable laws and our policies when using the Developer Tools and when creating, distributing, or managing your Apps. Your use must also comply with the following restrictions:

Do not use the Developer Tools or your Apps in a way that violates our guidelines or any applicable laws.
Do not reverse engineer, reformat, or otherwise modify the Developer Tools or your Apps in a way that violates any applicable laws.
Do not store End User Data for longer than necessary or legally permissible.
Ensure that any End User Data is collected, processed, and used in accordance with applicable laws and your agreements with End Users..You may create products that compete with Pabau’s offerings, but your Solution must not cause harm to Pabau or its End Users.

5. App Submission and Approval

A. Submission Process

Developers may submit apps for inclusion in the Pabau App Marketplace. All submissions must comply with the submission guidelines provided by Pabau.

B. Approval Criteria

Pabau reserves the right to review, approve, reject, or remove any app from the Pabau App Marketplace at its sole discretion. Apps must meet Pabau’s standards for quality, security, and functionality.

C. Modifications

Pabau may require modifications to your app before approval or at any time after the app has been made available on the Pabau App Marketplace.

6. Developer Responsibilities

A. Compliance

You agree to comply with all applicable laws, regulations, and industry standards when developing and distributing your app.

B. App Performance

You are responsible for ensuring that your app functions as described, is free from defects, and does not negatively impact the Pabau platform or its users.

C. Support and Maintenance

You are responsible for providing support and maintenance for your app. This includes resolving bugs, providing updates, and ensuring compatibility with future versions of the Pabau platform.

D. Privacy and Data Protection

You must comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR), and ensure that any data collected, processed, or transmitted through your app is handled securely and in compliance with Pabau’s privacy policy.

7. Fees and Payments

A. Payment Processing through the App

All payments transacted between End Users and their clients through your App on the Pabau App Marketplace will be processed via Pabau’s integration with Stripe. Pabau retains sole ownership and control of the entire payment journey, including the collection, processing, and disbursement of payments. As a Developer, you agree that all such financial transactions facilitated by your App will be handled exclusively through Pabau’s designated payment process via Stripe. You will not interfere with or attempt to bypass this payment process.

B. Revenue Sharing

If you monetize your app, you agree to the revenue-sharing model set forth by Pabau. Details of the revenue-sharing model will be provided separately and are subject to change at Pabau’s discretion.

C. Payment Terms

Payments will be made to you in accordance with the payment terms specified by Pabau. You are responsible for any applicable taxes related to your earnings from the Pabau App Marketplace.

8. Branding, Publicity, and Feedback

A. Branding

You grant us the right to use your logos and content from your Solution to promote Pabau and your App. We will not acquire any ownership of your trademarks or content.

B. Feedback

Any feedback or suggestions you provide regarding the Developer Tools or your Apps will be non-confidential. You grant us a worldwide, royalty-free license to use, copy, modify, and otherwise exploit your feedback for any purpose.

9. Term and Termination

These Terms will apply for as long as you use the Developer Tools, develop Apps, or have a Developer Account. You may terminate these Terms at any time by discontinuing your use of the Developer Tools and closing your Developer Account. Upon termination, you must cease using the Developer Tools and delete any cached or stored Content.

A. Termination by Developer

You may terminate your participation in the Pabau App Marketplace at any time by providing written notice to Pabau.

B. Termination by Pabau

Pabau may suspend or terminate your participation in the Pabau App Marketplace at any time for any reason, including but not limited to violation of these Terms, failure to comply with submission guidelines, or conduct that Pabau determines to be detrimental to the platform or its users.

C. Effect of Termination

Upon termination, Pabau may remove your app from the Pabau App Marketplace. Any outstanding payments owed to you will be processed in accordance with the payment terms.

10. Disclaimers and Limitation of Liability

A. Warranties

The Developer Tools and your Apps are provided “as is” without any warranties or conditions of any kind. We disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, title, and non-infringement.

B. Limitation of Liability

To the maximum extent permitted by law, Pabau shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, arising out of your use of or inability to use the Pabau App Marketplace, Developer Tools, or your Apps.

11. Acceptable Use and General Provisions

This section outlines the acceptable use of the Developer Tools, your Apps, and the Pabau Platform, as well as important general provisions regarding these Terms.

A. Compliance with Laws and Policies

You are solely responsible for your conduct and any data you generate, manage, or interact with while using the Developer Tools or distributing your Apps. You warrant that you have obtained all necessary rights, licenses, authorizations, and consents required to use the Developer Tools, develop your Apps, and handle any associated data. You must comply with all applicable laws, rules, and regulations, including, without limitation, privacy laws, and must not infringe or violate the rights of any third party.

B. Permitted Use

The Developer Tools and your Apps, including any software that forms part of the Tools, are provided for your personal use or internal business purposes. Your use must comply with all applicable laws, rules, and regulations.

C. Prohibited Conduct

Under no circumstances are you permitted to share your Developer Credentials with any unauthorized third parties, including, but not limited to, competitors, agencies, or web development companies. You may not reverse engineer, reformat, or otherwise modify the Developer Tools or your Apps in a way that violates any applicable laws.

D. Indemnification

You agree to indemnify, defend, and hold harmless Pabau, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

Your App, including its development, submission, distribution, and any use by End Users.
Your use of the Pabau App Marketplace or Developer Tools.
Any violation of these Terms by you, your employees, contractors, or agents.
Any data, including End User Data, that you collect, process, or store in connection with your App.

E. Amendment; No Waiver

We may update and change any part or all of these Terms at any time. If we update or change these Terms, the updated Terms will be posted at https://www.pabau.com/partners/developer-terms. The updated Terms will become effective and binding when posted. When we change these Terms, the “Last Modified” date above will be updated to reflect the date of the most recent version. 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.

F. Applicable Law

These Terms shall be governed by the laws of England and Wales, without regard to its conflict of laws provisions. In the event either of us initiates an action in connection with these Terms or any other dispute between the parties, the exclusive venue, and jurisdiction of such action shall be in the courts of England and Wales.

G. Force Majeure

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.

H. Relationship of the Parties

You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

I. Severability

If any part of these 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 Terms will continue in effect.

J. Notices

Notice shall be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and shall be deemed delivered as of the date of actual receipt. To Pabau: Hambrand Technologies Limite, 27 St. Cuthberts Street, Bedford, United Kingdom, MK40 3JG. To you: your address as provided in our account information for you. Pabau may give electronic notices specific to you by email to your email addresses on record in our account information for you.

K. Entire Agreement

These Terms are the entire agreement between us and you regarding the use of the Developer Tools and your Apps, and they 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.

L. Assignment

You may not assign or transfer these 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 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.

M. No Third Party Beneficiaries

Nothing in these 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 Terms.

N. Survival

The following sections shall survive the expiration or termination of these Terms: ‘Security’; ‘Deletion’; ‘Rights We Reserve’; ‘Branding, Publicity, and Feedback’; ‘Term; Termination’; ‘Disclaimers; Limitations of Liability’; ‘Indemnification’; and ‘Acceptable Use and General Provisions’.

O. Injunctive Relief

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 Terms, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.