GONG API POLICY &
TERMS OF SERVICE
Gong Application Developer Policy
Last Updated: August 9, 2023
Gong is on a mission to unlock reality to help people and companies reach their full potential. One of our operating principles is to create “raving fans”. Applications are an important part of creating raving fans. We welcome application developers and are excited to see the amazing experiences you are building within Gong. By “Application” we mean any software application, functionality, product, or service that you create that uses or incorporates the Gong APIs. Developers are required to comply with this policy and our related Gong API Terms of Service, as well as other obligations set forth in the documents or pages referenced herein. When we use the term “Services” we are referring to Gong’s services and related systems and technology, including, without limitation, the Gong API.
We aim to give guidance to developers so that you understand which applications will be included in Gong’s Application Directory and which won’t. To protect users and our services, we reserve the right to take any action we deem necessary if an application violates this policy or the API Terms of Service. By “User” we mean any “Authorized User” as defined in our Customer Terms and Conditions, including anyone who interacts with the application directly or indirectly, or anyone whose data is exposed or used in connection with the application. By “Data” we mean data, information, or content that is uploaded, transmitted, or otherwise made available by users via the services, including, without limitation, call recordings, emails, messages, files, comments, profile information, metadata, and token data.
Use of Data: Protecting Data is paramount at Gong, and must be for you. You are responsible for implementing industry-best data stewardship practices and procedures that are designed to ensure the security, integrity, and confidentiality of data and to mitigate the risk of unauthorized access to or use of data. First and foremost, you have no independent rights to any data. In accordance with this, applications and developers are prohibited from:
- Collecting, storing, and using data without obtaining proper consent of the User.
- Renting, selling or sharing data with third parties under any circumstances.
- Ignoring a user’s request for deletion.
- Using unauthorized scopes not required for your application’s functioning. Use only the appropriate and necessary scopes and clearly define the need for scopes within your application’s description.
- Otherwise exploiting data in a way not approved by Gong and not disclosed to or permitted by users in writing. You may, however, use data that is both aggregated and anonymized for purposes of analytics and development related to the application.
- Uploading Data to Gong without user consent.
Security: We take the security of data very seriously and you must as well. Your network and the operating system and software of your web servers, databases, and computer systems must be properly configured to securely operate your application and store data. Data must be stored, collected, and provided using strong encryption protocols. In addition, applications and developers are prohibited from:
- Degrading or compromising Gong’s security protocols and controls in any way.
- Providing access to Gong in any fraudulent or unauthorized way, including bypassing or circumventing Gong protocols and access controls.
- Including misleading and/or deceptive statements about the application’s functionality and performance or the data’s origin or use.
Data breach: If data is breached, exposed, exploited, or otherwise compromised through your application or through the acts or omissions of you or your company, you must inform all affected users and Gong immediately.
This policy will change as Gong grows and evolves. We may use your email address or a notice through the services to communicate any material changes to this policy.
If you have any questions about the Gong Application Directory or the review process, we’ll be happy to help. Visit our Contact Us Support Page at https://help.gong.io/hc/en-us/requests/new.
Gong API Terms of Service
Last Updated: August 8, 2023
These Gong API Terms of Service (the “API Terms”) describe your rights and responsibilities when accessing or otherwise using our publicly available application programming interfaces, including any modifications, enhancements, and derivatives thereof (the “APIs”), and related API documentation. Please read them carefully. We are grateful you’re here.
These API Terms, together with the Gong Application Developer Policy, which is incorporated herein by reference, form a binding “Contract” between you and us. “We,” “our” and “us” refers to the applicable Gong entity in the section entitled “Which Gong Entity are You Contracting With?” below, and “you,” and “your,” refers to the individual, company or legal entity that you represent. The Contract does not grant you any right to access or use our online workplace productivity tools and platform (the “Services”) or any of our non-public application programming interfaces, which will be governed by a separate agreement with us (e.g., our Customer Terms and Conditions).
Access to Our APIs
Your Applications: Subject to your compliance with this Contract, we grant you a non-exclusive, royalty-free, fully paid-up, worldwide, non-sublicensable, non-transferable (subject to the section titled “Assignment”), limited license, during the term of this Contract, to internally access our APIs and documentation (the “Licensed Materials”) in accordance with the technical data and specifications set forth in such documentation only as necessary to develop, test, and support an integration of your application that interoperates with the Services (an “Application” or “App”). You may charge a fee to Users for your Application; however, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to any of our APIs to any third party.
Here Are the Rules: Your license to access our APIs and documentation is limited and subject to compliance with the Gong Application Developer Policy. Further, you will not: (A) access our APIs or documentation in violation of any law or regulation; (B) access our APIs in any manner that (i) compromises, breaks or circumvents any of our technical processes or security measures associated with the Services, implements any undocumented feature of the API, or otherwise utilizes the API other than for its documented intended purposes, (ii) poses a security vulnerability to customers or users of the Services, or (iii) tests the vulnerability of our systems or networks; (C) access our APIs or documentation in order to replicate or compete with the Services; (D) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how relating to our APIs or Services; (E) attempt to use our APIs in a manner that exceeds rate limits, or constitutes excessive or abusive usage; (F) create derivative works of or otherwise modify the Licensed Materials; (G) display or disclose the Licensed Materials to any person except to your employees and contractors who are required to use the Licensed Materials in order for you to develop the Application; (G) remove, alter or cover any copyright notices or other proprietary rights notices placed or embedded on or in any part of the Licensed Materials; (H) release or otherwise commercially distribute to third parties any Application that is not fully compatible with the API; or (x) cause or permit any third party to do any of the foregoing.
Modifications: Gong is still evolving, and so we need the flexibility to occasionally make changes to our APIs, including backwards incompatible changes. We will try to give notice of these changes. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our APIs may change at any time, you should not rely on their behaviors. Any updates, modifications, or bug fixes to the APIs will deemed part of the Licensed Materials and subject to the terms and conditions of this Agreement. You will ensure that prior to commercially releasing any Application, such Application shall be fully compatible with the most recent Licensed Materials, if any. Furthermore, we may modify, change, or amend this Contract on a going forward basis in our sole discretion. If we make a material change to the Contract, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the API Terms at any time by visiting this page and by visiting the most current versions of the other pages relating to the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If you access or otherwise use our APIs after the effective date of any such modification or change to the Contract, that access or use will constitute your acceptance of any revised terms and conditions. Notwithstanding the generality of the foregoing, disputes between us will be resolved in accordance with the terms in effect at the time the dispute arose.
Our Right to Suspend Access and Audit: If we believe that there is a violation of the Contract that can simply be remedied by a modification or update to your Application, we will, in most cases, ask you to take corrective action rather than intervene. In such instances, we may use your name, address and other contact details to contact you or provide this contact information to any third party that reasonably, in Gong’s sole determination, claims that you do not possess all of the necessary intellectual property rights with respect to your Application. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers or users, or any third parties. Gong also reserves a right to audit your Application to ensure it does not violate our terms and policies and will cooperate with any audit by Gong.
Ownership and Proprietary Rights
Reservation of Rights: You retain your ownership rights in your Application, and we own and will continue to own our APIs, documentation, and Services (including any modifications, enhancements, upgrades, updates, improvements, or derivatives of any of the foregoing), including all intellectual property rights relating thereto. All rights not expressly granted to you under the Contract are hereby retained by Gong.
Feedback: If you send us any feedback or suggestions regarding the Licensed Materials, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to you.
Confidentiality: “Confidential Information” means all information provided by a 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, and excluding any information that (i) was rightfully in the possession of, or was known by, the receiving party prior to its receipt from the disclosing party, without an obligation to maintain its confidentiality, (ii) was or has become publicly available without violation of the Gong Application Developer Policy or these API Terms, (iii) is obtained by the receiving party from a third party, without an obligation to keep such information confidential, or (iv) is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
Term and Termination
The term of this Contract will commence on the date you first access or otherwise use the Licensed Materials and will continue in effect until terminated in accordance with the provisions set forth herein. You may terminate the Contract by discontinuing use of our APIs. We may suspend or terminate your access to the API and/or terminate the Contract with or without cause and without notice to you. Upon termination of the Contract, all rights and licenses granted to you will terminate immediately. You understand that any Licensed Materials that are not made generally available but that are otherwise made available to you are the confidential information of Gong. Upon termination of the Contract, you will promptly cease accessing and/or using the API and associates Services, and destroy copies of any documentation and any other Gong information or user information (including any user data) in your possession or control that was received under the Contract.
Representations; Disclaimer of Warranties
You represent and warrant that you (1) have validly entered into the Contract and have the legal power to do so, and (2) will comply with all applicable laws. The Licensed Materials and all related components and information (including all intellectual property made available or licensed by Gong under this Contract) are provided by us on an “as is” and “as available” basis without any representations or warranties of any kind, and we expressly disclaim any and all representations and warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. We do not represent or warrant that your use of the Licensed Materials will be uninterrupted, timely, secure, or error-free.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall: (a) Gong or any Gong affiliate be liable for any indirect, consequential, special, incidental, punitive or exemplary damages, or for loss of revenue, loss of business, lost, profits, loss of data, costs of procurement of substitute goods or services, or other financial loss arising out of or relating to this Contract or the use of the Licensed Materials, whether in contract, tort (including negligence), strict product liability or otherwise; and (b) the aggregate liability of Gong or any Gong affiliate under this Contract exceed One Hundred Dollars ($100). These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy, even if Gong has been advised of the possibility of such damages. You acknowledge and agree that the terms of the license granted herein are based in part on these limitations.
Application of Consumer Law
The Licensed Materials are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these API Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement or repair of the Licensed Materials.
Your Indemnification of Us
Notwithstanding anything contained in the preceding section, (a) we will always be free to choose our own counsel if we pay for the cost of such counsel; and (b) no settlement may be entered into by you, without our express written consent (such consent not to be unreasonably withheld), if: (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions on behalf of Gong, (iii) the settlement does not include a full release of liability, or (iv) the settlement includes terms other than a full release of liability and the payment of money.
The sections titled “Our Rights to Suspend Access and Audit,” “Ownership & Proprietary Rights,” “Termination,” “Representations; Disclaimer of Warranties,” “Limitation of Liability,” “Your Indemnification of Us,” “Survival,” and “General Provisions,” will survive any termination or expiration of the Contract.
Publicity: You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to us from time-to-time.
Force Majeure: Neither we nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties: The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Contract.
Export Controls & Sanctions: Applications made available on the Gong platform may be subject to United States’ and other jurisdictions’ export control and sanctions laws and regulations. You agree to comply strictly with all such export control and sanctions laws and regulations that apply to your distribution or use of the Gong API and Applications subject to requirements in the Gong Application Developer Policy.
Waiver: No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability: The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.
Assignment: Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety, without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is null and void. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Which Gong Entity are You Contracting With?: All references to ‘Gong,’ ‘we,’ or ‘us’ under the Contract refer to Gong.io Inc. The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the laws of the State of California, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The state and federal courts located in San Francisco County, California will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Contract or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the Contract, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Entire Agreement: The Contract, including these API Terms and any terms incorporated herein by reference, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these API Terms and any other documents or pages referenced in these API Terms, the following order of precedence will apply: (A) the API Terms, (B) Gong Application Developer Policy, and (C) any other documents or pages referenced in the Contract.