GONG API POLICY &
TERMS OF SERVICE

Gong Application Developer Policy

Last Updated:  May 24, 2024

Gong.io Inc. (“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.

Developers are required to comply with this Policy and our Gong Developer Terms (below).

We aim to give guidance to Developers so that you understand which applications will be included in Gong Collective. 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 Developer Terms.

Definitions: For terms not defined in this Policy, see the Developer Terms.

Use Restrictions.  You must not use the Gong developer account (“Account”) for any purpose other than for creating a software application, functionality, product, or service that you create for the purpose of interoperating with Gong’s products, APIs, or ecosystem (“Application”). You must only permit individuals who are essential and necessary to the development process to access the Account. Access of the Account by any other individuals or use of the Account for any other purposes is strictly prohibited and constitutes a material breach of the Agreement. You have no independent rights to any Gong data or Gong intellectual property.

Developers are strictly prohibited from:

Using call and/or recording functionality in the Account unless directly necessary for developing or maintaining an Application;
Allowing Account access to more than six (6) Developers;
Using the Account to create a competing or similar product or service;
Collecting, storing, or using data without obtaining proper consent of the individuals or entities to whom the data relates;
Damaging Gong’s reputation or brand;
Renting, selling, or sharing data or information obtained under the Agreement with third parties under any circumstances, without obtaining proper consent of the individuals or entities to whom the data or information relates;
Ignoring a user’s request for data deletion from your Application;
Failing to notify users of your Application about their rights, privacy and data;
Transmitting data to Gong without consent of the individual to whom the data relates;
Using data in violation of applicable laws or regulations or your agreement with the end users of your Application;
Degrading or compromising Gong’s security protocols and controls;
Providing access to Gong in any fraudulent or unauthorized way, including circumventing Gong protocols and access controls; and
Including misleading and/or deceptive statements about the Application’s functionality and performance or the data’s origin or use.

If Gong reasonably believes you have violated any use restrictions, Gong may, without incurring any resulting obligation or liability, (a) suspend, terminate, or otherwise deny you or any other person’s access to or use of the Account, (b) deprovision any Applications connected to the Services, and (c) seek any remedies available to us. Breach of any use restrictions will constitute a material breach of the Agreement. You are solely responsible for the accuracy, quality and legality of your Application.

Privacy Notices:  You must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application and must be consented to prior to any user downloading or accessing your Application. Your Application must include a legally compliant, publicly available privacy policy that explains how your Application collects, uses, processes, and stores data, and what control users have over their data, in understandable and accurate terms. 

Security:  Protecting data is paramount at Gong and must be for you. You are responsible for implementing industry-best data 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.

Reporting a Security Incident: If there is a Data Breach, or data is otherwise exposed, exploited, or compromised through your Application or through your acts or omissions or those of your representatives, you must inform Gong immediately at security@gong.io. Further, you will, at your own cost, immediately begin remediation of the incident leading to the Data Breach and reasonably cooperate with Gong, including informing Gong in reasonable detail of the impact of the incident, specific Users and Customers affected by the incident, and corrective actions being taken, and keeping Gong updated about your compliance with any notification or other requirements under applicable laws. 

Relationship Between Parties. Gong and Developer agree that neither is the data processor of the other party, nor are the parties acting together as joint data controllers. Gong and Developer agree that no monetary or other valuable consideration is provided to either party in exchange for personal data and that data sharing conducted pursuant to the Agreement is directed by the relevant User or Gong Customer and does not constitute a sale or sharing of personal data.

Application Review: Gong reserves the right to request a business and/or Application review at any time.  You agree to actively cooperate in such review by providing all information reasonably requested by Gong in a timely manner. Additionally, you commit to provide timely updates to Gong regarding feature enhancements, core functionality changes and Application availability.

If you have questions Visit our Contact Us Support Page.

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Gong Developer Terms

Last Updated: May 24, 2024 

These Gong Developer Terms (“Terms”) describe your rights and responsibilities when accessing or otherwise using Licensed Materials or the Account.  These Terms, together with the Gong Application Developer Policy (“Policy”), which is incorporated herein by reference, form a binding agreement between you and Gong (together, the “Agreement”).

Relationship to Other Agreements. You may be entitled to receive access to other Gong Services under a separate agreement with Gong. That separate agreement will govern your access to the other Gong Services. For clarity, Gong does not grant you any right to access or use our Services as an end customer under the Agreement, and if Gong discovers you have used your Account in violation of this restriction, then you will be responsible for any fees for such use, as charged by Gong at its discretion.

Definitions:

“Account” has the meaning given to it in the Policy.

“Application” has the meaning given to it in the Policy.

“API” means application programming interface, including any updates, modifications, or enhancements thereto.

“Data” means any 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.

“Data Breach” means a breach of security associated with the Developer’s Application leading to the accidental, unlawful, or unauthorized use, destruction, loss, alteration, disclosure of, or access to, the Account, Account data, Confidential Information, other data, or that might adversely affect the security of Gong’s Services.

“Developer” or “You” means the individual or entity that is subject to these Terms by accessing, downloading or using any Gong Licensed Materials or Account or that creates an Application.      

“Licensed Materials” means developer kits provided by Gong, including for example APIs and SDKs, and related documentation, including all updates thereto.

“SDK” means the software development kit provided by Gong, including any updates, modifications, or enhancements thereto.

“Services” means Gong’s services and related systems, websites, and technology, including, without limitation, the Licensed Materials and Account.

“User” means any  “Permitted User” of a Gong “Customer”, each as defined in Gong’s Customer Terms and Conditions.

Gong’s License to You: Subject to your compliance with the Agreement, Gong grants you a non-exclusive, royalty-free, fully paid-up, worldwide, non-sublicensable, non-transferable, revokable, limited license, during the Term, to access Licensed Materials and the Account in accordance with the technical data and specifications set forth therein, only as necessary to develop, test, and support your Application. You may charge a fee to the end users of your Application; however, you may not sell, rent, lease, sublicense, redistribute, share or syndicate access to any Licensed Materials or the Account to any third party.

Restrictions on Licensed Rights: Your license to Licensed Materials and the Account is limited and subject to compliance with the Agreement.

You must not:

(A) access Licensed Materials or the Account in violation of any law or regulation;

(B) use Licensed Materials or the Account in any manner that (i) compromises, breaks or circumvents any technical processes or security measures associated with the Services, or (ii) poses a security vulnerability to Customers or Users of the Services;

(C) implement any undocumented feature of an API or SDK, or otherwise utilize the Licensed Materials or the Account other than for their documented intended purposes;

(D) conduct network tests or scan our systems or networks;

(E) use Licensed Materials or the Account in order to replicate or compete with the Services;

(F) attempt to reverse engineer or otherwise derive the source code, trade secrets, or know-how relating to APIs or the Services;

(G) use APIs in a manner that exceeds rate limits, or excessive or abusive usage;

(H) create derivative works of or otherwise modify the Licensed Materials;

(I) display or disclose the Licensed Materials to any person except to your employees, personnel and contractors who are required to use the Licensed Materials in order for you to develop an Application;

(J) remove, alter or cover any copyright notices or other proprietary rights notices placed or embedded on or in any part of the Licensed Materials or the Services;

(K) release or otherwise commercially distribute to third parties any Application that is not fully compatible with the Services; or

(L) cause or permit any of your employees, personnel, or a third party to do any of the foregoing.

Developer Responsibilities. You are responsible for all activities that occur in your Account and for compliance with the Agreement.  You are also responsible for all activity your Application executes within the account of any User or Customer that has installed your Application.

Modifications to Licensed Materials: Gong is still evolving, and so we need the flexibility to occasionally make changes to the Licensed Materials, including backwards incompatible changes. It is your responsibility to review and comply with any updates to the Licensed Materials. 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. You will ensure that prior to commercially releasing any Application, such Application is fully compatible with the most recent Licensed Materials.

Reporting Privacy Matters: You must promptly notify Gong in writing via email to privacy@gong.io of any breaches of your user agreement or privacy policy that impact or may impact Customers or Users. Please review our Privacy Policy which is incorporated herein by reference (available at https://gong.io/privacy-policy/) for more information on how Gong collects and uses data.

Gong’s Right to Suspend Access and Audit: If Gong believes that there is a violation of the Agreement that can simply be remedied by a modification or update to your Application, Gong will ask you to take corrective action. Gong 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 your Application has a negative impact on their rights. In some instances, Gong may directly step in if Gong believes there is a credible risk of harm to Gong, the Services, Customers or Users, or any third parties. Gong also reserves a right to audit your Application to ensure it does not violate Gong’s terms and policies and you must cooperate with any audit by Gong in a timely manner. 

Ownership and Proprietary Rights.

Reservation of Rights: You retain your ownership rights in your Application, and Gong owns and will continue to own its Licensed Materials 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 Agreement are hereby retained by Gong.

Feedback: You may from time to time submit comments, information, questions, data, ideas, descriptions of processes, or other information relating to the Services or Licensed Materials to Gong (“Feedback”). Gong may in connection with any of its products or services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.

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, excluding any information that (a) 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, (b) was or has become publicly available without violation of the Gong Application Developer Policy or these Terms, (c) is obtained by the receiving party from a third party, without an obligation to keep such information confidential, or (d) is independently developed by the receiving party without use of the disclosing party’s Confidential Information. 

Each party will: (i) hold the other party’s Confidential Information in strict confidence; (ii) use it for the sole purpose of performing obligations set forth herein; (iii) allow its use only by the receiving party’s employees and consultants who have signed in advance a confidentiality agreement containing terms similar to these Terms or are under a statutory duty of confidentiality and on a need-to-know basis, and pursuant to these Terms; (iv) not make the other party’s Confidential Information available to any third party unless to the extent required by applicable law or as expressly set forth herein; (v) implement adequate security measures to ensure against unauthorized access to, use or copying of, the other party’s Confidential Information; and (vi) notify the other party in writing of any misuse or misappropriation of the other party’s Confidential Information of which the receiving party becomes aware. You understand that any Licensed Materials and other data and documentation that are not made generally available but that are otherwise made available to you are the Confidential Information of Gong.

Term; Termination; Effects of Termination.

The term of this Agreement will commence on the date you first access or otherwise use the Licensed Materials and/or an Account and will continue in effect until terminated in accordance with the provisions set forth herein (“Term”).  You may terminate the Agreement by discontinuing use of our Licensed Materials and Account and deprovisioning your Application. Gong may suspend or terminate your access to the Licensed Materials and Account and/or terminate the Agreement with or without cause and without notice to you. Upon termination of the Agreement, all rights and licenses granted to you will terminate immediately. Upon termination of the Agreement, you will promptly cease accessing and/or using Licensed Materials, Account and associated services and destroy copies of any documentation and any other information (including any data) in your possession or control that was received from Gong under the Agreement. Upon termination of the Agreement, you must deprovision your Application and any references regarding your association with Gong as a Developer.

Representations.

You represent and warrant that you (1) have validly entered the Agreement and have the legal power to do so, (2) you will comply with all applicable laws in your performance hereunder, (3) you will comply with all use restrictions and license restrictions under the Agreement.

No Warranty.

The Licensed Materials and Account and all related documentation, components and information (including any intellectual property made available or licensed by Gong under the Agreement) are provided by Gong on an “as is” and “as available” basis without any representations or warranties of any kind, and Gong expressly disclaims 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. Gong does not represent or warrant that your use of the Licensed Materials or the Account will be uninterrupted, timely, secure, or error-free. The Licensed Materials may contain bugs or errors. Any participation in or use of the Account or Licensed Materials is at your sole risk. You acknowledge that Gong may discontinue the Services at any time in its sole discretion.

Limitation of Liability.

To the maximum extent permitted by applicable law, in no event shall 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 the Agreement or the use of the Licensed Materials or the Account, whether in contract, tort (including negligence), strict product liability or otherwise.  The aggregate liability of Gong and Gong affiliates under the Agreement will not exceed One Hundred U.S. 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 and the Account 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 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 or Account.

Your Indemnification of Gong.

You will (a) defend Gong and its affiliates, including its and their officers, directors, employees and shareholders (collectively, the “Gong Indemnified Parties”), from and against any and all third-party claims, actions, suits, proceedings, and demands arising from or related to your violation of the Agreement, your violation of your end-user agreement or privacy policy, your violation of applicable law, or a claim relating to your Applications, including without limitation, that your Application violates the intellectual property rights of a third party (a “Claim”), and (b) in relation to such Claim, indemnify and hold harmless the Gong Indemnified Parties for all reasonable attorney’s fees, damages, losses, and other costs finally awarded or agreed to in settlement by you (such approval not to be unreasonably withheld). Gong will provide you with prompt written notice of any Claim and allow you to assume the exclusive defense and control of such Claim, and Gong will cooperate with any reasonable requests to assist your defense and settlement of such matter at your sole cost and expense. This section states your sole liability with respect to, and the Gong Indemnified Parties’ exclusive remedy against you for, any third-party IP claim. Notwithstanding anything contained in the preceding section, no settlement may be entered into by you, without Gong’s express written consent (such consent not to be unreasonably withheld).

Survival.

The sections titled “Gong’s Right to Suspend Access and Audit”, “Ownership & Proprietary Rights”, “Term; Termination; Effects of Termination”, “Representations”, ”No Warranty”, “Limitation of Liability”, “Your Indemnification of Gong”, “Survival”, and “General Provisions”, will survive any termination or expiration of the Agreement.

General Provisions.

Publicity: You grant Gong the right to use your company name and logo as a reference for marketing or promotional purposes on Gong’s website and in other public or private communications with its existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to Gong from time to time. You agree to comply with Gong’s brand guidelines when using Gong’s name or logo.

Force Majeure: Neither party will be liable for any failure or delay in the performance of its obligations for events beyond the reasonable control of such party, which may include a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, or governmental action.

Relationship of the Parties: The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Agreement.

Export Controls and Sanctions: You agree to comply strictly with United States and other export control and sanctions laws and regulations that apply to your distribution or use of the Licensed Materials, the Account or your Applications.

Waiver: No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement 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 Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified 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 Agreement will remain in effect.

Assignment: You may not assign or delegate any of your rights or obligations hereunder, whether by operation of law or otherwise, without Gong’s prior written consent. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Governing Law; Dispute Resolution: The Agreement 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 Agreement. 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 Agreement. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. Notwithstanding the foregoing, Gong will be entitled to seek injunctive remedies or other types of urgent legal relief in any jurisdiction.

Entire Agreement: The Agreement 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.

Headings: Titles and headings in the Agreement are for convenience only and shall not affect the construction of any provision of the Agreement.

Other: You understand Gong may be independently creating (or may receive from third parties) features, applications, content, or other products or services that may be similar to or competitive with your Application, and nothing in the Agreement will be construed as restricting or preventing Gong from doing so.

Updates to the Agreement: Gong reserves the right to change the Agreement at any time at its discretion. Gong may update and amend the Terms and the Policy from time to time by posting an amended version on this page. The amended version will be effective as of the date it is published unless Gong specifies a different date when making the change. It is your responsibility to visit this page for updates. If you continue to make your Application available after the effective date of any changes, and / or continue to use the Licensed Materials or your Account, it constitutes your acceptance of the changes. If you do not agree to a change, you must deprovision your Application and terminate the Agreement.