Zoho Marketplace Terms of Use

ZOHO MARKETPLACE, A SERVICE THAT CONNECTS DEVELOPERS AND CUSTOMERS OF ON-DEMAND BUSINESS APPLICATIONS, IS PROVIDED TO YOU BY ZOHO CORP. (hereinafter called “Zoho”), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS IN ADDITION TO ZOHO TERMS OF SERVICE. USE OF ZOHO MARKETPLACE SIGNIFIES YOUR ACCEPTANCE OF THE TERMS OF USE AND ZOHO TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT PROCEED.

The Service

Zoho Marketplace is a Service that lets developers of on-demand business applications (“Developers”) post business applications developed by them using Zoho Creator. The posted business applications can be licensed and installed by persons who require such business applications (“Customers”) into their Zoho Creator Account. Zoho Marketplace also enables Customers to request for business applications by posting requirements. Zoho may add features to Zoho Marketplace in order to enhance interaction between Developers and Customers through the service.

Posting of Applications

The following terms apply to you if you, a Developer, post applications developed by you on Zoho Marketplace:

You represent and warrant that all intellectual property rights in and to the applications posted by you are duly licensed or owned by you. You specifically warrant that you have not copied the script or logic for the application from applications developed by other Developers.
You are solely responsible for making the license terms of your applications known to Customers and for entering into suitable agreements with Customers in this regard.
You understand that Customers may be able to view and copy the script for your application written in Deluge, an online scripting language integrated with Zoho Creator. The ability to hide the deluge script for the application is not currently available in Zoho Creator. You are solely responsible for protecting the confidentiality of your deluge script by entering into a suitable agreement with the Customer.
If you publish your application with any data, you represent that such data is duly licensed or owned by you. You also understand that by licensing an application along with data, you grant the Customer a license to use such data.
You agree not to use irrelevant tags, descriptions and screenshots for applications posted by you on Zoho Marketplace.
Zoho may feature your applications in the list of featured applications. Listing and removal of your applications from the list of featured items shall be at the sole discretion of Zoho. Zoho may remove your applications from the list of featured applications for reasons including, but not limited to, negative review and poor rating.
Zoho may feature you as top developer in the list of top developers. Listing and removal of your name from the list of top developers shall be at the sole discretion of Zoho. Zoho may remove your name from the list of top developers for reasons including, but not limited to, negative review and poor rating.
You understand that Zoho’s personnel will have access to applications shared for the purpose of availing technical support. You agree that Zoho may use information retained in human memory without intentional memorization or saving in written form (“Residuals”) by Zoho’s personnel as a result of access to such shared applications.
You acknowledge that Zoho and other Developers may develop and post similar or otherwise competing applications. You agree not to make any intellectual property right infringement claims against Zoho or other Developers in respect of similar or competing applications independently developed by them. Zoho and other Developers may use Residuals resulting from access to your application other than by way of obtaining a paid license.
You understand that the right to modify the applications is granted to Customers by default. If you do not wish to permit the customer to modify the applications, you are entirely responsible for entering into a suitable agreement with the Customer. You agree that all free applications posted free of charge in Zoho Marketplace are licensed under the licensed annexed to the Terms of Use.
You agree to provide Customer the necessary technical assistance and resolve issues with respect to your applications. This obligation will survive termination of your Zoho Creator account or removal of your application from Zoho Marketplace.
You agree not to post any application that may be used for any illegal purpose. You also agree that Zoho may remove applications that violate Zoho Marketplace Terms of Use or Zoho Terms of Service from Zoho Marketplace.

Viewing Demo, Installing and Using Applications

The following terms apply to you if you, a Customer, install, use or view demo of applications posted on Zoho Marketplace or post your requirement for applications:

You understand that Zoho does not endorse the skill or ability of any Developer (including a Reseller Partner as described below) or the quality of any application posted on Zoho Marketplace. You are solely responsible for determining the fitness of the applications for your purpose.
You understand that Zoho does not warrant that applications posted on Zoho Marketplace will be free from intellectual property right infringement claims. However, this disclaimer of warranty does not apply to applications posted by Zoho on Zoho Marketplace.
You understand that Zoho’s support obligation does not include providing technical assistance and resolving issues related to the application licensed by you from Developers. You are solely responsible for entering into a suitable support agreement with the Developer.
You are solely responsible for ensuring the confidentiality of your proprietary and confidential information. In this regard, Zoho recommends that details of your requirement and other confidential information should not be disclosed while submitting the initial request and that such details should be disclosed only after entering into a suitable confidentiality agreement with the Developer.
You agree not to copy or otherwise distribute the licensed application or its deluge script unless permitted to the contrary by the license granted by the Developer.

Designation as Reseller Partner

Zoho may designate you, a Developer, as a Reseller Partner upon submitting a request to be so designated. Zoho will review your request within a reasonable time. Designation as a Reseller Partner entitles you to certain privileges and is based on Zoho’s sole discretion.

Review and Rating of Applications

Zoho permits review and rating of applications posted on Zoho Marketplace by persons who have used the applications (“User”). The following terms apply to you if you, a User, submit a review of an application:

You understand that reviews and ratings should be unbiased. You must disclose your affiliation if you submit a review for your own product or that of a competitor.
You agree not to post more than one review of an application, unless the subsequent review is necessary as a result of a change in your assessment of the product based on further evaluation.
Your review should be relevant. You agree not to post any irrelevant, fraudulent, misleading, obscene, insulting, harassing, offensive or otherwise objectionable content in your reviews. You also agree not to post any commercial solicitation or links to irrelevant third-party sites.

Violation of Terms of Use

Zoho may suspend or terminate your access to Zoho Marketplace or remove the content and/or application posted by you in the event of a violation of the Terms of Use. Zoho also reserves the right to initiate appropriate legal action against you in the event of such violation.

Modification of Terms of Use

Zoho reserves the right to modify Zoho Marketplace Terms of Use. In particular, Zoho may require that payments and other interactions between Developers and Customers be routed through Zoho Marketplace. Modifications to the Terms of Use are effective upon your use of Zoho Marketplace subsequent to publication of such modification.

License for Free Applications posted on Zoho Marketplace

COPYRIGHT HOLDERS AND CONTRIBUTORS HEREBY GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, WORLDWIDE LICENSE TO FREELY USE THE APPLICATION WITH OR WITHOUT MODIFICATIONS, SUBJECT TO THE FOLLOWING TERMS:

YOU SHALL NOT COPY, REPRODUCE, DISTRIBUTE OR OTHERWISE COMMERCIALLY EXPLOIT THE APPLICATION.
YOU AGREE THAT THIS APPLICATION IS PROVIDED TO YOU BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.