Developer portal / SANDBOX General Terms and Conditions for Thrid Party Providers
Welcome to LUXHUB’s developer portal https://developer.luxhub.com (the “Portal”). By registering on the Portal, you may access application programming interfaces of LUXHUB and those of LUXHUB’s clients (the “API”) for testing purposes. The environment in which the API are available for connection and functional testing is designated as the “Sandbox”.
THE ACCESS TO AND USE OF THE PORTAL AND/OR THE SANDBOX ARE GOVERNED BY THE PRESENT TERMS OF CONDITIONS (“T&C”) WHICH YOU MUST HAVE READ (i) by visiting the Portal and (ii) BEFORE ACCESSING THE SANDBOX AND WITH WHICH YOU UNDERTAKE TO COMPLY.
For the sake of clarity, the Portal and the Sandbox are for business/professional uses only. In this respect you explicitly confirm and undertake that you are not acting as a consumer (within the meaning of the Luxembourg consumer code, as amended from time to time).
1. Who are “we”?
LUXHUB is a public limited liability company (société anonyme) incorporated under the laws of Luxembourg, registered in the Luxembourg Trade and Company Register under number B 223.400 and having its registered office at 153-155, rue du Kiem, L-8030 Strassen, Grand Duchy of Luxembourg.
2. How can you access and use the Sandbox environment?
We hereby grant you a revocable, limited, royalty-free, as-is, non-exclusive, non-transferable, non-sub licensable, license to access and use the Sandbox to test, connect with, develop and support your application in the Sandbox. We reserve all other rights in the Sandbox to the extent such rights are not expressly identified herein.
In the context of this licence, you inter alia undertake:
- at all times, to comply with all applicable laws, regulations and regulatory requirements and to have all required consents, authorisations, licenses, permits and registrations
- to comply at all times with any and all documentation we issue in connection with the Portal and/or the Sandbox
- not to infringe or claim ownership of our intellectual property
- not to assign, disclose, distribute, lease, market, publish, rent, sell any portion of the Sandbox nor to create any lien/encumbrance of any kind on the Sandbox (or any part of it)
- not to adversely impact the access to or use of the Sandbox
- not to modify, circumvent, or disable any element of the Sandbox
- no to reverse engineer, reverse assemble, reverse compile, decrypt or unmask all or any portion of the Sandbox
- not to contaminate the Sandbox by transmitting any viruses, defects or any malware
- not to use any / robot automated functionalities to retrieve / index any portion of the Sandbox for any unauthorized purpose
- not to use real data and in particular no personal and sensitive payment data
- not to pretend to third parties that transactions carried out in the Sandbox environment are real
- to assess and bear any and all risks/costs related to the access, registration and/or the use of the Portal and/or the latter’s content, including any reliance on the accuracy, completeness, or usefulness of such content.
3. No warranty
AS IS. Sandbox is provided “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. LUXHUB has NO DIRECT OR INDIRECT LIABILITY for any damage resulting from the access and/or use of the Portal and/or the Sandbox. The access thereto and use thereof are done at your own risks. LUXHUB does notably not warranty, and you explicitly acknowledge and agree, the Sandbox as being error free, available and/or accurate.
Hyperlinks and third party content. We make hyperlinks to other websites available in the Sandbox for information purposes only and do not provide any kind of warranty for third party website/content.
4. What happens with your work in the Sandbox?
Licence. When uploading content or programming in the Sandbox as well as providing us with your feedback, you grant us a right to use such content and program for the sole purpose of operating or improving the Sandbox.
Warranty. You hereby warrant that you have the intellectual property rights in any content you upload to, or program on, the Sandbox and that such content does not violate or infringe the intellectual property rights of third parties. You are solely responsible and we disclaim any and all liability for such content. In the event, a third party brings or threats to bring any claim or action against us arguing that such content or any other material provided or used by you in connection with the Sandbox infringes the intellectual property rights or other rights of any third party, you shall indemnify and hold us harmless from any costs or damages we may suffer as a result thereof.
Automatic deletion. We reserve the right to automatically delete, erase and/or remove all of your work, data, documentation, account and any other information from the Sandbox if you (i) have not used the Sanbox for a period of 6 months or (ii) you do not go to in production within a period of 6 months since your first registration.
5. Do we proceed to modifications?
T&C. We may modify these T&C in our sole discretion at any time without prior notice. We will inform you thereof by publishing a message in the Portal. An email will also be sent to the email address that you have provided during the registration process.
Sandbox. We may, in our sole discretion, modify the Sandbox at any time and without prior notice. We will inform you about such modification by publishing a message in the Portal. An email will also be sent to the email address that you have provided during the registration process. You shall implement and use the most current version of the Sandbox. Any change to your Apps due to any modification of the Sandbox will be made at your own costs.
6. In which case may we suspend or terminate the licence?
Without prejudice to any other remedy we may request, we may suspend or terminate your access if you do not comply with any provision of these T&C.
7. Which information shall you keep confidential?
Content and services accessed in the Sandbox are confidential. You undertake not to disclose them to any third party without our prior written consent.
You cannot use our name, our logo, our trademark or mention the Portal / the API towards third parties without having our prior written consent.
8. What is the applicable law and the relevant jurisdictions?
These T&C and any non-contractual obligations arising out of or in connection with it are governed by and interpreted in accordance with the laws of Luxembourg (without giving effect to any conflicts of law provisions) and the courts of Luxembourg-city shall have exclusive jurisdiction in respect of any dispute which may arise.
9. What else should you know?
Severability. If a provision of these T&C is (found to be) unenforceable in such a case, this will not affect the validity and the enforceability of the other provisions of these T&C.
Assignment. LUXHUB may assign, transfer, sub-contract or otherwise deal with the rights and obligations depicted in these T&C without notifying you or obtaining your consent. You may not assign, transfer, sub-contract or otherwise deal with the rights and obligations depicted in these T&C.
Disclosure. LUXHUB may, without informing you, provide any regulator or other governmental authority with information about your use of and your work in the Sandbox.