We’re excited that you’ve chosen to develop on the Akaun.com Platform. The Akaun.com Platform allows you to build amazing Applets for businesses. When you develop on the Akaun.com Platform, you agree to be bound by these Terms, so please read them carefully.
These Akaun Developer Terms (the “Terms”) are a binding agreement between Bigledger Sdn Bhd (“we” or “Bigledger”) and the individual or entity registering as a developer on the Akaun.com Platform (“you” or “Developer”). If you are an individual registering on the Akaun.com Platform on behalf of your company, organization or other entity (for example, as an employee), then “you” or “Developer” means the entity and you are binding the entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms or use the Akaun.com Platform. The Akaun.com Platform is not intended for and may not be used by anyone under the age of 16.
By clicking on “I agree” (or a similar button) or by using or accessing the Akaun.com Platform, you agree to be bound by these Terms.
Bigledger may modify these Terms from time to time, subject to Section Changes to Terms below. Certain capitalized terms are defined in Section Definitions and others are defined contextually in these Terms.
Introduction
The Akaun.com Developer Program helps you develop and use Applets with Akaun.com Platform. These Terms apply to all developers on the Akaun.com Platform, whether you are an end user of Akaun.com Platform or a third party who provides your Applets to end users. These Terms govern use of the Akaun.com Platform and your Applets, but use of the Akaun.com Platform themselves remains subject to the applicable Akaun.com Customer Agreement.
Getting Started
Registration
To use the Akaun.com Platform, you must follow our registration and credentialing requirements. All Akaun.com Platform access keys or developer credentials are Bigledger’s Confidential Information and may not be shared with third parties.
Review
You and your Applets must comply with the Developer Guidelines. Bigledger reserves the right to review your compliance with the Developer Guidelines and our security, performance and other criteria. At Bigledger’s request, you will comply with our review process and provide us with reasonably requested information, including (if applicable) test accounts for your Applets, which we will only use for purposes of such review. Bigledger may change its review processes at any time.
Marketplace
This Agreement does not govern the Akaun.com Marketplace. If you wish to list your App in the Akaun.com Marketplace, you must enter into the separate Akaun.com Marketplace Partner Agreement at https://akaun.com/#/platform/legal/licensing/marketplace/partner-agreement/ .
Your Use Rights
Subject to these Terms, you may use the Akaun.com Software Development Kit (SDK) to develop and use Applets to use with Akaun.com Platform, but only as permitted by the relevant Developer Guidelines. All of your use rights in these Terms (including your rights to use Akaun.com and Bigledger Marks below) are limited, non-exclusive, non-sublicensable and non-transferable. You may, however, permit your agents and contractors to exercise your use rights on your behalf, provided that you remain responsible for their compliance with these Terms.
Usage Limits
From time to time, Bigledger may place limits on access to the Akaun.com Platform (e.g., limits on numbers of calls or requests). Further, Bigledger may monitor your usage of the Akaun.com Platform and limit the number of calls or requests you may make if Bigledger believes that your usage is in breach of this Agreement or may negatively affect the Akaun.com Platform (or otherwise impose liability on Bigledger).
Applet Types
As described in the Developer Guidelines, the Akaun.com Platform allows a variety of Applet types, including on-premises software Applets, cloud Applets that you host and Akaun.com MFE (Micro Front End) Applets that Bigledger assists in hosting on your behalf. Akaun.com MFE Applets are subject to additional terms.
Conditions on Use
As conditions on your rights under these Terms, you agree not to (and not to authorize any third party to): (a) use the Akaun.com SDK except with the related Akaun.com Platform and in accordance with the Developer Guidelines; (b) modify or create any derivative works of the Akaun.com SDK (except to the extent your Applets are deemed derivative works under applicable law); (c) take any action that would subject the Akaun.com Platform to any third party terms, including without limitation any “open source” software license terms; (d) make any calls to the Akaun.com Platform that are not driven by a request from an end user or the Applet itself, other than as part of reasonable testing of your Applets with the Akaun.com Platform; (e) copy, frame or display any elements of the Akaun.com Platform Applets through your Applets or use the Akaun.com SDK with Applets that substantially replicate any features or functionality of Akaun.com Platform Applets, except as expressly authorized by Bigledger in writing; (f) copy, distribute, sell, sublicense, rent or lease the Akaun.com Platform or any access key provided by Bigledger or use such items for hosting, service provider or like purposes; (g) access the Akaun.com Platform for competitive analysis or disseminate performance information (including uptime, response time and/or benchmarks) relating to the Akaun.com Platform or Bigledger Products or (h) use the Akaun.com Platform in violation of the AUP.
Use of Marks
Akaun.com and Bigledger Marks
Subject to these Terms, you may use the appropriate Akaun.com and Bigledger Marks to promote your Applets as compatible with the relevant Akaun.com and BigLedger platform. Your use of Bigledger Marks must comply with the Bigledger Trademark Guidelines and (without limiting Bigledger’s other termination rights) you must promptly cease any use of Bigledger Marks identified by Bigledger as problematic. You may not register any domain name containing Akaun.com or Bigledger Marks, the word “Akaun” , “Bigledger” or the name of any Bigledger Product (or anything confusingly similar) and if you have done so you agree to transfer ownership of the domain name to Bigledger at no charge. You also agree not to contest the validity of ownership of any Akaun.com or Bigledger Marks. You receive no other rights to Akaun.com or Bigledger Marks under these Terms. All goodwill arising from use of Akaun.com or Bigledger Marks inures to Bigledger.
Your Marks
If you make available your Applets to third party end users, Bigledger may (but is not obligated to) use Your Marks to identify you as an Bigledger developer and to promote your Applets and Akaun.com Platform.
Your Responsibilities
Generally
Without limiting your express obligations in these Terms, you are solely responsible, at your own expense, for how you develop, operate and support your Applets and for your own relationships with end users.
Akaun.com Customer Agreement
Use of Akaun.com Platform requires each end user to have a valid license or subscription with Bigledger subject to the applicable Bigledger Customer Agreement. You will not facilitate or encourage any end user to violate any Bigledger Customer Agreement or interfere with any end user’s review or acceptance of any Bigledger Customer Agreement. If you or your Applets send any data to Akaun.com Platform on an end user’s behalf, Bigledger’s processing of that data will be subject to the applicable Bigledger Customer Agreement governing such applicable end user’s use of the Akaun.com Platform (except as provided above regarding Forge Applets).
No Resale
These Terms do not grant you the right to distribute or resell Akaun.com Platform or to create any binding commitment on behalf of Bigledger. In addition, you may not directly or indirectly charge end users for use of, or access to, the functionality of the Bigledger Products or Akaun.com Platform (but this does not limit you from charging a standard overall fee for your Applets).
Your Representations and Warranties
You represent and warrant that: (a) you have full power and authority to enter into and perform these Terms and to use your Applets without violating any other agreement; (b) your Applets and their use will not violate any Laws or third party rights (including intellectual property rights and rights of privacy or publicity); (c) all information you provide to Bigledger is and will be true, accurate and complete and (d) you will not interfere with Bigledger’s business practices or the way in which it licenses or distributes the Bigledger Products or Akaun.com Platform. You may not suggest any affiliation with Bigledger, including any suggestion that Bigledger sponsors, endorses or guarantees your Applets, except for the Akaun.com Platform integration relationship expressly contemplated in these Terms. You may not make any representations, warranties or commitments regarding Bigledger or Akaun.com Platform or on behalf of Bigledger.
Indemnification
You will indemnify, defend (at Bigledger’s request) and hold harmless Bigledger and its affiliates and their respective directors, officers, employees, agents, contractors, end users and licensees from and against any claims, losses, costs, expenses (including reasonable attorneys’ fees), damages or liabilities based on or arising from (a) your Applets, (b) your relationships or interactions with any end users or third party distributors of your Applets or (c) your breach or alleged breach of these Terms. Bigledger may at its own expense participate in the defense and settlement of any claim with its own counsel, and you may not settle a claim without Bigledger’s prior written consent (not to be unreasonably withheld).
End User Data & Security
End User Data
An end user may enable you or your Applets to access End User Data. Based on the activities under this Agreement, Bigledger may provide you with access to End User Data.
Collection and Use
You must obtain all necessary rights, permissions, and consents from end users for your access, collection, storage, transmission, treatment, use, disclosure, sharing, and other processing of any End User Data, and will ensure that all such processing complies with your End User Terms, End User Privacy Policy, and all Laws. If you use our optional APIs to retrieve End User Data directly from Bigledger (e.g., end user contact information), you must limit your access and processing of such information to that (a) authorized by the end user or (b) necessary for the purposes of providing the functionality of your Applet. You may not sell any End User Data. Bigledger shall not be liable for, or have any responsibility in connection with, End User Data processed by you or your Applet, and such activities with regard to End User Data are not in any way by or on behalf of Bigledger.
End User Communications
You may use End User Data to communicate directly with end users only where the communication is with technical or billing contacts, required by Laws, or as consented to or requested by the end user. But you may not send marketing messages to end users within any user experience integrated with Bigledger Products without Bigledger’s express written consent.
End User Terms
You must ensure end users agree to your End User Terms, which must comply with all Laws.
End User Privacy Policy
You must provide a clear, complete, and conspicuous End User Privacy Policy which notifies end users that you (and not Bigledger) are responsible for the privacy, security, and integrity of any End User Data processed by you or your Applet. Your End User Privacy Policy must provide clear and complete information to end users regarding your access, collection, and processing of End User Data, with whom you share End User Data, and in which country or countries the End User Data will be stored (along with other disclosures required by Laws). You must comply with the terms and conditions of your End User Privacy Policy, and promptly notify end users and Bigledger of any material changes to it.
Security
You must use industry-standard security appropriate for all End User Data you receive and comply with any security, coding practices, authentication or encryption requirements for Applets in the Developer Guidelines.
Security Incidents
Upon discovery or notice of any Security Incident, unless prohibited by Laws, you will notify Bigledger without undue delay through the ticketing process described in the Applet Security Incident Management Guidelines. Your notice will provide Bigledger information about the Security Incident and how it may affect Bigledger Products, end users or End User Data, and you agree to provide further information and assistance related to the Security Incident as Bigledger may request. In the event of a Security Incident, you will be solely responsible, at your own expense, for investigation, remediation and your own notifications to affected end users and regulatory authorities in accordance with Laws and industry standards. However, you must obtain Bigledger’s approval for any breach notifications to end users that refer directly or indirectly to Bigledger. You must ensure that you have an updated contact name and contact information in your developer account for Security Incidents.
Ownership
Bigledger does not claim ownership of your Applets and you reserve all rights not expressly granted in these Terms, including any goodwill associated with Your Marks. Bigledger and its licensors retain all ownership and other rights (including all intellectual property rights) in the Akaun.com Platform, Bigledger Products and Bigledger Marks (including associated goodwill). Providing feedback, comments or suggestions about the Akaun.com Platform (“Feedback”) to Bigledger is wholly voluntary. Bigledger may freely use Feedback for any purpose.
No Support or Maintenance
Bigledger has no obligation to provide any maintenance or support for the Akaun.com Platform (or to end users of Applets) or to fix any errors or defects. If Bigledger in its discretion provides any updates, modifications, enhancements or other new releases to the Akaun.com Platform, such materials will be deemed included in the “Akaun.com Platform” under these Terms unless Bigledger specifies otherwise.
Changes to Akaun.com Platform
From time to time, Bigledger may change the Akaun.com SDK or related Bigledger Products. Future versions of the Akaun.com Platform may not be compatible with Applets developed using previous versions. Bigledger typically makes these changes as part of its overall developer program and is unable to provide notice of the changes to developers individually. Bigledger will have no liability resulting from the actions described in this paragraph.
Termination
These Terms remain in effect until terminated.
By Developer
You may terminate these Terms at any time by ceasing all use of the Akaun.com Platform and any relevant developer credentials.
By Bigledger
Bigledger may terminate these Terms (a) for no reason or any reason upon thirty (30) days’ notice to you or (b) if you breach any provision of these Terms and do not cure such breach within fifteen (15) days after written notice of the breach (or immediately in Bigledger’s discretion in case of willful or significant breaches). Bigledger may also suspend your use of the Akaun.com Platform (including the use of any Applets) or terminate these Terms immediately if Bigledger is required to do so by Law, if Bigledger ceases to offer the Akaun.com Platform, Bigledger Products or its developer program or if Bigledger determines that continuing under these Terms could result in legal or business liability or cause harm to its products, services, reputation or users.
Effect of Termination
Upon any suspension or termination, you must cease using the Akaun.com Platform and Bigledger Marks and, at Bigledger’s request, return or destroy all Confidential Information. Sections Your Marks, Your Responsibilities, End User Data & Security, Ownership and Termination through Definitions will survive any termination of these Terms. After termination, you will have no further access to any Bigledger developer website or portal or to any data or content that you submitted to Bigledger relating to the Akaun.com Platform.
No Liability
Bigledger will have no obligation or liability resulting from termination or suspension of these Terms as permitted above.
Disclaimer of Warranties
TO THE FULL EXTENT PERMITTED BY LAW, THE AKAUN.COM PLATFORM, BIGLEDGER PRODUCTS AND BIGLEDGER MARKS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND BIGLEDGER AND ITS THIRD PARTY LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR ANY PURPOSE. BIGLEDGER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO RELIABILITY, ACCURACY OR COMPLETENESS OF THE AKAUN.COM PLATFORM OR BIGLEDGER PRODUCTS, THAT BIGLEDGER WILL CONTINUE TO OFFER THE AKAUN.COM PLATFORM OR ITS DEVELOPER PROGRAM OR THAT USE OF THE AKAUN.COM PLATFORM OR ANY BIGLEDGER PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS. You may have other statutory rights, in which case the disclaimers above will apply to the full extent permitted by law.
Limitations of Liability
TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT WILL BIGLEDGER BE LIABLE (A) FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS OR LOST DATA), EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR (B) IN ANY EVENT, FOR ANY DAMAGES OR LIABILITIES EXCEEDING ONE HUNDRED RINGGIT MALAYSIA (RM100). NOTWITHSTANDING ANYTHING TO THE CONTRARY, BIGLEDGER HAS NO WARRANTY, SERVICE LEVEL, SUPPORT, SECURITY, INDEMNIFICATION OR OTHER OBLIGATION OR LIABILITY WITH RESPECT TO YOUR Applets (INCLUDING ANY Akaun.com MFE Applets) OR THEIR COMBINATION, INTERACTION OR USE WITH THE AKAUN.COM PLATFORM OR ANY BIGLEDGER PRODUCTS OR END USER DATA. You acknowledge and agree that this reflects a reasonable allocation of risk and will apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and that Bigledger would not enter into these Terms without these liability limitations. This Section will survive notwithstanding any limited remedy’s failure of essential purpose.
Bigledger Confidential Information
“Confidential Information” means non-public elements of the Akaun.com Platform and any other information disclosed by Bigledger that is marked as confidential or proprietary or that you should reasonably understand to be confidential or proprietary. Confidential Information does not include any information that: (a) is or becomes generally known to the public; (b) was known to you before its disclosure hereunder or (c) is received from a third party, in each case without breach of an obligation owed to Bigledger or anyone else. You will (i) maintain Confidential Information in confidence (using at least the same measures as for your own confidential information, and no less than reasonable care) and not divulge it to any third party and (ii) only use Confidential Information to fulfill your obligations under this Agreement. If you are compelled by law to disclose Confidential Information, you must provide Bigledger with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Bigledger’s cost, if Bigledger wishes to contest the disclosure. In the event of actual or threatened breach of this Section, Bigledger shall have the right, in addition to any other remedies available to it, to seek injunctive relief to protect its Confidential Information, it being specifically acknowledged by the parties that other available remedies may be inadequate.
Independent Development; Information You Provide Is Not Confidential. Bigledger develops its own products and services and works with many other partners and developers, and either Bigledger or these third parties could in the future develop (or already have developed) products, concepts or ideas similar to your or your Applets. Nothing limits Bigledger or such third parties from doing so, and Bigledger has no confidentiality obligations for information you submit in connection with this Agreement.
Export Restrictions
The Akaun.com Platform is subject to export restrictions by Malaysia government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your use of the Akaun.com Platform. You shall not (and shall not allow any third-party to) remove or export from Malaysia or allow the export or re-export of any part of the Akaun.com Platform or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to any country to which such export or re-export is restricted or prohibited, or as to which Malaysia government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval or (c) otherwise in violation of any export or import restrictions, laws or regulations of Malaysia authority. You represent and warrant that (i) you are not located in, under the control of or a national or resident of any such prohibited country and (ii) you are not a Prohibited Person nor owned, controlled by or acting on behalf of a Prohibited Person. You agree not to use the Akaun.com Platform for any prohibited end use, including to support any nuclear, chemical or biological weapons proliferation, or missile technology, without the prior permission of the Malaysia government.
Changes to Terms
Bigledger may modify these Terms from time to time, including any referenced policies, terms or their URLs. Bigledger will use reasonable efforts to notify you of modifications as provided in Section General. You may be required to click through the modified Terms to show your acceptance and in any event your continued use of the Akaun.com Platform after the modification constitutes your acceptance to the modifications. If you do not agree to the modified Terms, your sole remedy is to terminate your use of the Akaun.com Platform as described in Section Termination.
Usage Data
In addition to Bigledger’s other rights, Bigledger may collect certain data and information regarding your use of the Akaun.com Platform, including data about requests and API use, Applet metadata, and the end user accounts that you access (“Usage Data”). We may use Usage Data for any purpose in connection with operating, improving and supporting the Akaun.com Platform.
Open Source Software
Certain distributed code in the Developer Platform (e.g., SDKs) may be licensed under or include components subject to “open source” software terms (“OSS”). To the extent applicable, Bigledger will identify OSS included in the Developer Platform in or through the Developer Platform itself. The OSS licenses may grant you additional rights to the OSS code itself and allow you to use the OSS outside of our Developer Platform. However, when you use the OSS as part of the Developer Platform, you must comply with these Terms.
General
These Terms are the parties’ entire agreement and supersede any prior or contemporaneous agreements relating to its subject matter. Except as set forth in Section Changes to Terms, all amendments or modifications must be in writing and signed by both parties. The words “including” and similar terms are to be construed without limitation. Failure to enforce any provision is not a waiver and all waivers must be in writing. If any provision of these Terms is held invalid, illegal or unenforceable, it will be limited to the minimum extent necessary so the rest of these Terms remain in effect. You may not assign, transfer or delegate any right or obligations under these Terms and any non-permitted assignment is void. Bigledger may assign these Terms and its rights and obligations to any of its affiliates or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities to which these Terms relate. Notices must be in writing and will be deemed given when delivered. Bigledger may provide notice to the email or physical address provided by you or through Bigledger’s developer website. Your notices to Bigledger must be given by post to Bigledger Sdn Bhd. The parties are independent contractors and these Terms do not create any agency, partnership or joint venture. These Terms will be governed by and construed in accordance with the laws of Malaysia, excluding conflicts of law rules and principles. Each party submits to the personal and exclusive jurisdiction of the federal or state courts for Malaysia. Bigledger will not be liable to you for any delay or failure to perform any obligation under these Terms if the delay or failure is due to unforeseen events that are beyond its reasonable control. The Akaun.com Platform and Bigledger Products are commercial computer software. If the user or licensee of such technology is an agency, department or other entity of Malaysia, the use, duplication, reproduction, release, modification, disclosure or transfer of such technology, or any related documentation of any kind, including technical data and manuals, is restricted by the laws of Malaysia. The Akaun.com Platform and Bigledger Products were developed fully at private expense. All other use is prohibited.
Definitions
“Applets” means applications, plugins or extensions that are designated to interoperate with Bigledger Products, including any Akaun.com MFE Applets.
“Akaun.com Customer Agreement” means the then-current version of the Akaun.com Software License Agreement at https://bigledger.com/akaun/legal/software-license-agreement , Bigledger Cloud Terms of Service at https://bigledger.com/akaun-platform/legal/cloud-terms-of-service or other customer agreement with Bigledger for use of the applicable Bigledger Products.
“Bigledger Marks” means Bigledger’s names, logos and trademarks as designated in the Bigledger Trademark Guidelines at (Please get Chia Qian to create a page at the bigledger.com website, and then we copy and paste the URL here) https://bigledger.com/blg/legal/bigledger-trademarks
“Akaun.com Platform” means Bigledger’s developer platform, including our APIs, API keys, CLIs, sample code, access tokens, SDKs and other tools described at https://bigledger.com/akaun/developer/ or included with the Akaun.com Software Development Framework.
“Bigledger Products” means Bigledger’s cloud and installed software products made available under an Bigledger Customer Agreement.
“AUP” means Bigledger’s Acceptable Use Policy at https://bigledger.com/akaun/legal/acceptable-use-policy
“Developer Guidelines” means the Akaun.com Developer Guidelines found at https://bigledger.com/akaun/developer/ Except where noted, references to the Akaun.com Platform also include the Developer Guidelines.
“End User Data” means any data, content or information of an end user that is accessed, collected or otherwise processed by you or your App in connection with use of the Akaun.com Platform.
“End User Privacy Policy” means a legally adequate privacy policy provided to each end user from whom you or your App collects, accesses, or otherwise processes End User Data.
“End User Terms” means a legally adequate agreement governing end user use of your App.
“Akaun.com MFE Applets” means any Applets or components thereof that you develop using our Akaun.com MFE Framework, including any Developer content in such Applets.
“Akaun.com MFE Framework” means Bigledger’s Akaun.com development framework described at https://bigledger.com/akaun/developer/mfe-framework
“Laws” means all applicable laws, rules, regulations or orders, including those relating to data privacy, data transfer, international communications or the export of technical or personal data.
“Security Incident” means any actual or suspected (a) unauthorized access, acquisition, use, disclosure, modification, loss or destruction of End User Data in the possession or control of you or your agents or contractors (whether intentional or accidental), (b) security vulnerability or compromise of your App or (c) issue involving your App that materially degrades Bigledger systems or networks.
“Your Marks” means your name, logos and other trademarks, including those related to your Applets.