Developer Policy

This Developer Policy (“Policy”) provides rules and guidelines that govern access to or use by our developers (“you” or “your”) of the Spinwheel API, websites (“Site”), dashboards, related tools, and other products or services (collectively, the “Service”) provided by Spinwheel Solutions Inc. (“Spinwheel”, “we”, “our”, and “us”). Any violation of this Policy may result in suspension or termination of your access to the Service and/or access to end users’ personal and financial information (“End User Data”).

By accessing and using the Service, you agree to comply with all the terms of this Policy. This Policy will apply each time you access or use the Service. If you are agreeing to the terms of this Policy on behalf of an organization or entity, you represent and warrant that you are so authorized to agree on behalf of that organization or entity. This Policy is important; please read it carefully.

We may update or change this Policy at any time in our discretion. If we make any changes to this Policy that we deem to be material, we will make a reasonable effort to inform you of such change. If you don’t agree with the change, you are free to reject it; unfortunately, that means you will no longer be able to use the Service.

Registration

To sign up for the Service, you must create an account (“Account”) by requesting access credentials providing true, accurate, and complete information about yourself and your use of the Service. You agree not to misrepresent your identity or any information that you provide for your Account, and to keep your Account information up to date at all times. It is your responsibility to maintain access to your Account; you may never share your Account information, including your access credentials or your secret.

Compliance with Applicable Law

When using the Service, you must abide by all applicable local, state, national, and international laws. You also confirm that you, your business, your employees, your service providers, and any others acting on your behalf adhere to all applicable laws, especially those pertaining to financial data and to data protection, privacy and data security.

In addition, you certify that you, your officers, directors, shareholders, direct and indirect parent entities, subsidiaries, and affiliates:

• are and will remain in compliance with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations (including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control (OFAC));
• are not subject to, or owned by parties that are subject to, sanctions or otherwise identified on any sanctions-related list, including but not limited to lists maintained by the United States government (such as the List of Specially Designated Nationals and Blocked Persons, maintained by OFAC, the Entity List maintained by the U.S. Commerce Department’s Bureau of Industry and Security, and the CAATSA section 231(d) list maintained by the U.S. State Department), the United Nations Security Council, the United Kingdom, the European Union or its Member States, or other applicable government authority; and
• are not engaging, and will not engage, in activities which may require or permit any applicable government authority to pursue an enforcement action against, or impose economic sanctions on you or us.

You are solely responsible for ensuring that your use of the Service is in compliance with all laws applicable to you, including without limitation, the rules and guidelines of any system or network that facilitates payments and any security requirements, including under the Payment Card Industry Data Security Standards (PCI-DSS), as may be applicable to you.

Security

You must notify us immediately in the event of any breach of security or unauthorized use of your Account or any End User Data. You must never publish, distribute, or share your token or secret, and must encrypt this information in storage and during transit.

Your systems and application(s) must handle End User Data securely. With respect to End User Data, you should follow industry best practices but, at a minimum, must perform the following:

• Maintain administrative, technical, and physical safeguards that are designed to ensure the security, privacy, and confidentiality of End User Data.
• Use modern and industry standard cryptography when storing or transmitting any End User Data.
• Maintain reasonable access controls to ensure that only authorized individuals that have a business need have access to any End User Data.
• Monitor your systems for any unauthorized access. Patch vulnerabilities in a timely fashion. Log and review any events suggesting unauthorized access.
• Plan for and respond to security incidents.
• Comply with relevant rules and regulations with regard to the type of data you are handling, such as the Safeguards Rule.

Data Storage

Any End User Data in your possession must be stored securely and in accordance with applicable laws.

Account Deactivation

Once you stop using the Service in accordance with any applicable agreement you may have with us, you may deactivate your Account by following the instructions on the Site. We may also deactivate your Account if you have ceased using the Service for three months; your applicable agreement with us terminates or expires; or as reasonably necessary under applicable law. After your Account deactivation, we will deprovision your access to all End User Data associated with your integration.

Even after your Account deactivation, and to the extent permitted under applicable law, we may still retain any information we collected about you for as long as necessary to fulfill the purposes outlined in our privacy policy/statement, or for a longer retention period if required or permitted under applicable law.

Prohibited Conduct

You agree not to, and agree not to assist or otherwise enable any third party to:

• sell or rent End User Data to marketers or any other third party;
• access or use the Service or End User Data for any unlawful, infringing, threatening, abusive, obscene, harassing, defamatory, deceptive, or fraudulent purpose;
• collect and store end users’ credentials and/or End User Data other than as required to access or use the Service, as authorized by the end user, as permitted by Spinwheel, and as permitted under applicable law;
• use, disclose, or retain any “nonpublic personal information” (as defined under the Gramm-Leach-Bliley Act) or “personal information” (as defined under the California Consumer Privacy Act) other than in strict compliance with applicable law;
• use, disclose, or otherwise process any “personal data” (as defined in Regulation (EU) 2016/679 (General Data Protection Regulation)) other than in strict compliance with applicable law;
• access or use the Service or access, transmit, process, or store End User Data in violation of any applicable privacy laws or in any manner that would be a breach of contract or agreement with the applicable end user;
• access or use the Service to infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity;
• access or use the Service for any purpose other than for which it is provided by us, including for competitive evaluation, spying, creating a substitute or similar service to any of the Service, or other nefarious purpose;
• scan or test (manually or in an automated fashion) the vulnerability of any Spinwheel infrastructure without express prior written permission from Spinwheel;
• breach, disable, interfere with, or otherwise circumvent any security or authentication measures or any other aspect of the Service;
• overload, flood, or spam any part of the Service;
• create developer accounts for the Service by any means other than our publicly-supported interfaces (e.g., creating developer accounts in an automated fashion or otherwise in bulk);
• transfer, syndicate, or otherwise distribute the Service or End User Data without express prior written permission from Spinwheel;
• decipher, decompile, disassemble, copy, reverse engineer, or attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except as permitted by applicable law;
• modify, translate, or otherwise create derivative works of any part of the Service;
• access or use the Service or End User Data in a manner that violates any agreement between you or the end user and Spinwheel; or
• access or use the Service or End User Data in a manner that violates any applicable law, statute, ordinance, or regulation.

Suspension and Termination

We reserve the right to withhold, refuse, or terminate access to the Service and/or End User Data in whole or in part where we believe the Service is being accessed or used in violation of this Policy or any other Spinwheel agreement, including Spinwheel’s agreements with any third party partners or data sources of Spinwheel (each, a “Partner”), or where use would pose a risk of harm, including reputational harm, to Spinwheel, its infrastructure, its data, the Service, an end user, or a Partner.

We will use reasonable efforts to notify you via email or other method when deciding to withhold, refuse, or terminate access to the Service and/or End User Data. We may immediately suspend or terminate access without notice if appropriate under the circumstances, such as when we become aware of activity that is a violation of any applicable law or when we determine, in our sole discretion, that harm is imminent.

Spinwheel will not be liable for any damages of any nature suffered by you or any third party resulting from Spinwheel’s exercise of its rights under this Policy or under applicable law.

Reporting Violations

If any person becomes aware of a violation of this Policy, we request that you immediately notify us via email to hello@spinwheel.io. We may take any appropriate action — including reporting any activity or conduct that we suspect violates the law to appropriate law enforcement officials, regulators, or other appropriate third parties — in our sole discretion in respect to such violations.

Miscellaneous

The failure by you or Spinwheel’s to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of this Policy is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Policy shall otherwise remain in full force and effect and enforceable.

Changes To This Policy

We may update or change this Policy from time to time. If we make any updates or changes, we will post the new policy on Spinwheel’s website at legal.spinwheel.io and update the effective date at the top of this Policy. We will also notify developers of any material changes in accordance with our developer agreements, as they are generally best positioned to notify their end users about such changes to this Policy, as appropriate.

Contacting Spinwheel

If you have any questions or complaints about this Policy, or about our privacy practices generally, you can contact us at hello@spinwheel.io or by mail at: