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Developer API License and Terms of Use

Thank you for being a part of the Whop Developer community.

By accessing or using the Whop Developer API, you agree to this Whop Developer API License and Terms of Use (“API Terms”) with Whop, Inc. (“Whop,” “we,” or “us”).  These API Terms are a legally binding contract between you and Whop regarding your use of the Whop Developer API.

PLEASE CAREFULLY READ THESE API TERMS AND THE RELATED WHOP TERMS OF SERVICE LOCATED AT WHOP.COM/TOS AND THE WHOP PRIVACY POLICY LOCATED AT WHOP.COM/PRIVACY (BOTH OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE). AMONG OTHER THINGS, THE WHOP TERMS OF SERVICE CONTAINS PAYMENT TERMS, USER-TO-USER TRANSACTION TERMS, REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION TERMS, AND A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT APPLY TO YOUR ACTIVITIES UNDER THESE API TERMS AND AFFECTS YOUR RIGHTS UNDER THESE API TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH WHOP.

1. Definitions

“API Credentials” means the credentials that allow you to make authenticated requests to the Whop Developer API.

“Application” means the software application that you develop that interoperates or integrates with the Service and that you distribute on the Service.

“Developer” means an individual or entity that develops, owns or operates one or more Application(s) that accesses or uses the Whop Developer API.

“Developer-User Agreement” means an agreement entered into between a Developer and the User governing the User’s use of the Developer’s services, including, if applicable, the installation and use of an Application.

“Personal Information” means any information (regardless or format) that identifies, describes, relates to, or is linked or reasonably linkable to an identified or identifiable individual, household, or device; the term also includes “personal information,” “personal data,” “sensitive personal information,” and other equivalent information governed by applicable law.

“Seller” means an individual or business that uses the Service to sell digital products or services.

“Seller Store” means the Seller’s ecommerce presence hosted or supported by Whop.

“Service” means the Whop platform and any associated websites, products or services offered by Whop.

“User” means any user of the Service, whether a buyer of digital goods and services, a Seller of digital goods and services, or another user of the Service.

“User Data” means information relating to a User, including, without limitation, business, financial and product information, as well as Personal Information.

“Whop Developer API(s)” means all software, including routines, data structures, object classes, protocols, programs, templates, libraries and interfaces, application programming interfaces (APIs), software development kits (SDKs), developer tools, technical documentation, updates and other related materials, whether tangible or intangible, in whatever form or medium that are made available by Whop.

2. Access to the Whop Developer API

You may not use the Whop Developer API and may not accept the API Terms if you are a person barred from using or receiving the Whop Developer API under the applicable laws of the United States or the country in which you are resident or from which you use the Whop Developer API.

If you are an entity, organization, or company, the individual accepting these API Terms on your behalf represents and warrants that they have authority to bind you to these API Terms and you agree to be bound by these API Terms.  

Except as permitted herein, (A) you must keep the API Credentials and all login information for your Whop account secure, (B) you may not share the API Credentials with any third party, and (C) you will not access the Whop Developer API by any means other than the API Credentials you receive. API Credentials are the exclusive property of Whop, and your access to and use of API Credentials is in Whop’s sole discretion.

You are not permitted to use a service provider in connection with providing your Application’s service unless they sign an agreement with you to (A) protect any User Data received from Whop (that is at least as protective as Whop’s terms and policies), (B) limit their use of User Data solely for the purpose of providing their services to your Application (and not for their own purpose or any other purpose), and (C) keep the User Data secure and confidential. You must ensure that any service provider complies with these API Terms and any other applicable Whop terms and policies, and you acknowledge and agree that any act or omission by a service provider amounting to a breach of these API Terms will be deemed to be a breach by you. If requested, you will provide a list of your service providers to Whop or the User.

3. API License

Subject to the API Terms, Whop grants you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the Whop Developer API solely in connection with developing, implementing and distributing your Application that interoperates or integrates with the Service, and solely in the manner described in these API Terms and in the technical documentation contained in the Whop Developer API.

Some of the software packages, libraries, or components required by or included in the Whop Developer API are or may become licensed under an open source license (“Open Source Components”). To the limited extent that an Open Source Component is governed by an open source license, such Open Source Component is licensed to you under the applicable open source license rather than the immediately preceding paragraph.

4. API Restrictions. 

When using the Whop Developer API, you will (and will ensure that your employees, agents and service providers will):

  • only use the Whop Developer API to develop and distribute Applications for your use or a User’s use with the Service;
  • restrict disclosure of the API Credentials, or any part thereof, to your agents, employees, or services providers, who must require access to use, maintain, implement, correct or update your Application in accordance with the API Terms, and who are subject to confidentiality obligations the same as or greater than those contained herein;
  • not distribute, sell, lease, rent, lend, transfer, assign or sublicense any rights granted by the API Terms to any third party;
  • not use or access the Whop Developer API or the Service in order to monitor the availability, performance, or functionality of the Whop Developer API, the Service or any portion thereof or for any similar benchmarking purposes;
  • not remove or destroy any copyright notices, proprietary markings or confidentiality notices placed upon, contained within or associated with the Whop Developer API;
  • not engage in any activity that interferes with, disrupts, harms, damages, or accesses in an unauthorized manner the servers, security, networks, data, applications or other properties or services of Whop or any third party;
  • not circumvent technological measures intended to prevent direct database access, or manufacture tools or products to that effect;
  • not modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Whop Developer API, User Data, any Seller Store, the Service, or any aspect or portion thereof, except to the extent that this restriction is expressly prohibited by applicable law;
  • not bypass Whop Developer API restrictions for any reason;
  • not substantially replicate products or services offered by Whop, including the Whop Developer API and the Service;
  • not develop Applications that excessively burden the Whop system, distribute spyware, adware or other commonly objectionable programs;
  • not develop an Application whose primary purpose is to migrate Users off of the Service;
  • not access or use the Whop Developer API to develop or distribute the Application in any way in furtherance of criminal, fraudulent, or other unlawful activity, or otherwise violate Whop’s policies and procedures, which are incorporated herein by reference;
  • not request more than the minimum amount of data from a Whop Developer API needed by your Application to provide the User the intended Application functionality, or any data outside any permissions granted by the User;
  • not falsify or alter any unique identifier in, or assigned to your Application, or otherwise obscure or alter the source of queries coming from an Application;
  • not include code in any Application which performs any operations not related to the services provided by the Application, whether or not Developer has obtained User consent to do so, and whether or not the Application obtains consent from the end user to do so; and
  • not develop or distribute any Application that has as its primary purpose, as determined by Whop in its sole discretion, the transfer, sharing, selling, disclosing or otherwise providing of User Data to any third party.

5. API Limits

Whop may set and enforce limits on your use of the Whop Developer API (limiting the number of requests that you may make or the number of Users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent such limitations. If you would like to use any Whop Developer API beyond these limits, you must obtain Whop’s express written consent (and Whop may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). 

6. Feedback

If you provide any feedback (including identifying potential errors and improvements) to Whop concerning the Whop Developer API or any aspects of the Service (“Feedback”), you hereby assign to Whop all right, title, and interest in and to the Feedback, and Whop is free to use, reproduce, disclose, and otherwise exploit the Feedback without attribution, payment or restriction, including to improve the Whop Developer API or the Service and to create other products and services. Whop will treat any Feedback as non-confidential and non-proprietary. You will not submit any Feedback that you consider confidential or proprietary.

7. Changes to the Whop Developer API

Whop reserves the right to require Developer to install or update any and all software to continue using the Whop Developer API and the Service. You acknowledge and agree that Whop may make updates to the Whop Developer API from time to time, and at its sole discretion. To maintain your Application, you may need to implement and use the most current version of the Whop Developer API and make any changes to your Application that are required as a result of such update, at your sole cost and expense. Updates may adversely affect the manner in which your Application accesses or communicates with the Whop Developer API. Your continued access or use of the Whop Developer API following an update or modification will constitute binding acceptance of the update.

We may change or discontinue the availability of some or all of the Whop Developer API at any time for any reason with or without notice. Such changes may include removal of features, or the requirements of fees for previously free features. We may also impose limits on certain features and services or restrict your access to some or all of the Whop Developer API. Your continued use of the Whop Developer API following a subsequent release will be deemed your acceptance of modifications.

8. Proprietary Rights

The Service, the Whop Developer API, and all software, documentation, information, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites and any additional intellectual or other property used by or on behalf of Whop or otherwise related to the Service and/or the Whop Developer API, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and related thereto (collectively, “Whop Property”) will be and remain the sole and exclusive property of Whop. To the extent, if any, that ownership of any Whop Property does not automatically vest in Whop by virtue of the API Terms, or otherwise, and vests in Developer, Developer hereby transfers and assigns to Whop, upon the creation thereof, all rights, title and interest Developer may have in and to such Whop Property (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.  

As between Developer and Whop, Whop shall own all right, title and interest in any User Data that Whop receives as a result of a User’s installation or use of an Application, and all such User Data shall be subject to the Whop Terms of Service and the Whop Privacy Policy.

Whop does not acquire ownership in your Application, and by using the Whop Developer API, you do not acquire ownership of any rights in the Whop Developer APIs or the content that is accessed through the Whop Developer APIs.

All rights not expressly granted by Whop to you herein are reserved by Whop.  

9. Developer-User Agreement and Privacy Policy

Prior to Developer accessing a Seller Store or any User Data, the User must grant Developer access through a consent screen provided by Whop at the time the Application is installed by a User. Any other access to or use of a Seller Store or User Data by Developer is strictly prohibited and is a violation of the API Terms.

Developer may deliver to Whop a Developer-User Agreement for an Application at the time that Developer delivers the Application to Whop; provided, however, that any Developer-User Agreement must include and not be inconsistent with the following minimum terms and conditions: (i) Developer is solely responsible for the Application; (ii) Whop is not liable for any fault in the Application or any harm that may result from its installation or use; (iii) except where expressly stated by Whop, Whop does not provide assistance with the installation or use of the Application; and (iv) Developer is solely responsible for any liability which may arise from a User’s access to or use of the Application, including: (A) the development, use, marketing or distribution of or access to the Application, including support of the Application; or (B) Developer’s access, use, distribution or storage of User Data. 

Developer will have in place and will present the User with a privacy policy that complies with all applicable privacy laws and provides adequate notice and obtains prior consent as required for the collection, use and storage of the User Data, and any Personal Information the Application will access once installed (“Developer Privacy Policy”). Without limiting the foregoing, the Developer Privacy Policy will describe in sufficient detail (i) the services to be provided by the Developer’s Application, (ii) the User Data that will be accessed and otherwise processed by the Application in order to provide such services, (iii) how the User Data will be used, processed, and transferred to third parties, if applicable, and (iv) the Developer’s contact information. Developer will respond reasonably promptly to any questions regarding its privacy practices, including as required by applicable laws.

If you access User Data, you will (and will ensure that your employees, agents and service providers will):

  • not use, access, store, process, or make copies of the User Data or any other data relating to a Seller Store or Users that Developer receives via the Application or the Whop Developer API except as necessary to provide the Application services to the User to whom the User Data relates and as described in the applicable Developer-User Agreement or Developer Privacy Policy, and only within the limits and for the purposes as specified by the User;
  • not share, sell, disclose or otherwise provide such information to any third party, except as provided for in the API Terms and in accordance with applicable law;
  • except where prohibited or varied by applicable law, delete all originals, copies and reproductions of the User Data within 30 days when (A) the User uninstalls the Application, (B) when it is no longer required to provide the services of your Application to the User to whom the User Data relates, as may be described in the applicable Developer-User Agreement or Developer Privacy Policy, or (C) you receive an enforceable and verifiable request to delete data from a User or Whop;
  • not use information from Users for competitive benchmarking;
  • not communicate with Users directly or indirectly, provided however that Developer may contact Users if the information is obtained from another source, such as from the Users themselves, or if Developer has obtained consent to do so in the Developer-User Agreement;
  • ensure that you have obtained effective consent from the applicable individual, to the extent such consent is legally required, before you provide Whop with information that you independently collected from them;
  • not directly or indirectly transfer any data you receive from Whop (including anonymous, aggregate or derived data) to any third party or any other Application you may own, except as necessary to provide your Application's services or if expressly authorized by the User;
  • not put User Data or any other data you receive from Whop in a search engine or directory, or include web search functionality on Whop, except as necessary to provide your Application's services; and
  • notify Whop of any actual or suspected (A) unauthorized or unlawful access to, acquisition of or processing of User Data, any other loss or theft, or material compromise of User Data, or (B) breach, compromise or access to, use or compromise of Developer’s security systems, operations and controls that could materially compromise the security or integrity of User Data (a “Data Breach”) immediately upon, but no later than twenty-four (24) hours of, becoming aware of such Data Breach, by reporting an issue to Whop Support via email at [email protected]. Upon learning of the Data Breach, at your own cost, you will: (A) promptly remedy and remediate the Data Breach, and  prevent any further loss of User Data; (B) promptly investigate the Data Breach; (C) take commercially reasonable actions to mitigate any future anticipated harm to Whop or Users; and (D) promptly answer questions from Whop relating to the Data Breach, regularly communicate the progress of your investigation to Whop and cooperate to provide Whop with any additional requested information in a timely manner. Developer shall not publicize or deliver any notices referencing a Data Breach in a manner that identifies Whop without prior written approval from Whop.

10. Regulatory Compliance

You will, and will ensure that your employees, agents and service providers will, comply with all applicable local, state, provincial, national or international laws or regulations, and policies of regulatory bodies or agencies.

11. Security

YOU AGREE THAT WHOP MAY MONITOR USE OF THE WHOP DEVELOPER API TO ENSURE QUALITY, IMPROVE WHOP PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE API TERMS. This monitoring may include Whop accessing and using your Application, for example to identify security issues that could affect Whop or Users. You will not interfere with this monitoring. Whop may use any technical means to overcome such interference. Whop may suspend access to the Whop Developer API by you or your Application without notice if we reasonably believe that you are in violation of the API Terms.

Your networks, operating system and software of your web servers, routers, databases, and computer systems must be properly configured to Internet industry standards so as to securely operate your Application and protect against unauthorized access to, disclosure or use of any information you receive from Whop, including User Data. You must diligently correct any security deficiency, and disconnect immediately any known or suspected intrusions or intruder.

12. Audit

Whop shall have the right to audit, or to appoint an independent auditor under appropriate non-disclosure conditions to audit Developer’s Application, systems and records to confirm Developer’s compliance with the API Terms, including without limitation Developer’s compliance with Whop’s requests and requests from Users, as applicable, to delete User Data obtained through the Whop Developer API or otherwise through our Service. If requested, you must provide us with proof that your Application complies with these API Terms.

13. DISCLAIMERS BY WHOP; NO WARRANTIES BY WHOP

THE SERVICE AND THE WHOP DEVELOPER API ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS.  WHOP MAKES NO WARRANTIES HEREUNDER, AND WHOP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, WHOP FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, THAT THE SERVICE OR THE WHOP DEVELOPER API SATISFIES ALL OF YOUR OR A USER’S REQUIREMENTS OR WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM HARMFUL COMPONENTS.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

14. LIMITATION OF LIABILITY

WHOP SHALL HAVE NO LIABILITY WITH RESPECT TO THE API TERMS, THE WHOP DEVELOPER API, THE SERVICES OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSSES OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING IN ANY WAY FROM THE API TERMS, THE SERVICES OR THE WHOP DEVELOPER API, EVEN IF WHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, WHOP’S LIABILITY TO YOU UNDER THE API TERMS FOR ANY REASON WILL BE LIMITED TO $100 USD. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

THE RELATIONSHIP BETWEEN A USER AND A DEVELOPER IS STRICTLY BETWEEN THE USER AND THE DEVELOPER, AND WHOP IS NOT OBLIGATED TO INTERVENE IN ANY DISPUTE ARISING BETWEEN THE USER AND THE DEVELOPER. UNDER NO CIRCUMSTANCES SHALL WHOP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, THAT RESULT FROM OR RELATE TO THE DEVELOPER’S RELATIONSHIP WITH ANY USER. THESE LIMITATIONS SHALL APPLY EVEN IF WHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Whop Developer API and the Application, and you will defend and indemnify Whop, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Whop Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your breach of any representation, warranty, obligation or covenant under the API Terms; (2) your gross negligence or willful misconduct; (3) any warranty, condition, representation, indemnity or guarantee relating to Whop granted by you to any User or other third party; (4) your access to or use of the Whop Developer API; (5) your breach of a Developer-User Agreement or a Developer Privacy Policy; (6) any third party claim that your products or services, including any Application, infringes the intellectual property or other rights of a third party; (7) the performance, non-performance or improper performance of your products or services, including any Application; (8) your relationship with any User; and/or (9) a Data Breach.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 

16. Confidentiality

Our communications to you may contain our confidential information.  Our confidential information means materials, communications, and information disclosed by us to you that are marked confidential or that would normally be considered confidential under the circumstances.  Our confidential information includes, without limitation, the Whop Developer API and API Credentials.  You shall not disclose our confidential information to any third party without our prior written consent.  You shall not use our confidential information other than to use and make calls to the Whop Developer API solely in connection with developing, implementing and distributing your Application that interoperates or integrates with the Service, all in accordance with these API Terms.  You may disclose our confidential information when compelled to do so by law if you provide us reasonable prior written notice and cooperates fully with us in obtaining a protective order narrowing the scope of the compelled disclosure and protecting against any further disclosure.

17. Termination

Access to the Whop Developer API may be terminated or suspended by Whop at any time and at Whop’s sole discretion. Without limiting the foregoing, if you breach the API Terms or any documents incorporated by reference in the API Terms (including Whop’s policies and procedures), in addition to all other rights and remedies available to Whop under the API Terms and under applicable law, Whop may immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security, and Whop may immediately terminate your right to use the Whop Developer API 

Termination or suspension of Developer’s access to the Whop Developer API may negatively affect Users who use Developer’s Application, and Developer is responsible to ensure that all Users who access or use Developer’s Application are aware of this risk.

Upon termination of the API Terms and/or Whop’s termination of your access to the Whop Developer API: (a) you shall return to us, or destroy (and provide certification of such destruction), all property of ours in your possession or control (including all our confidential information; and (b) all rights granted to Developer hereunder will immediately cease, including the right of Developer to access and use the Whop Developer API.

The termination or expiration of these API Terms for any reason shall not affect the Whop's rights or your obligations that expressly or by their nature continue and survive (including, without limitation, the provisions concerning intellectual property ownership, limitation of liability, indemnity, right to use Feedback, our audit rights, your warranties, your privacy and data security obligations, your confidentiality obligations, and the warranty disclaimers).

18. General

Independent Contractors. The parties to the API Terms are independent contractors. Neither party is an agent, representative or related entity of the other party. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other party. The API Terms shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

Non-Exclusivity. Nothing in the API Terms is intended to create, nor shall it be construed as creating, any exclusive arrangement between the parties to the API Terms. The API Terms shall not restrict either party from entering into similar arrangements with others, provided it does not breach its obligations under the API Terms by doing so, including any confidentiality obligations.

Competitive or Similar Materials. Whop is not precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing, or developing for or by third parties, as well as marketing and distributing materials, products or services which are competitive with Developer’s products or services, including any Application, regardless of their similarity to Developer’s products or services.

Assignment. All the terms and provisions of the API Terms shall be binding upon and inure to the benefit of the parties to the API Terms and to their respective heirs, successors, permitted assigns and legal representatives. Whop shall be permitted to assign these API Terms without notice to or consent from Developer. Developer shall have no right to assign or otherwise transfer the API Terms, or any of its rights or obligations hereunder, to any third party without Whop’s prior written consent, to be given or withheld in Whop’s sole discretion.

No Waiver. The failure of Whop to insist upon or enforce strict performance by you of any provision of the API Terms or to exercise any right under the API Terms shall not be construed as a waiver or relinquishment to any extent of Whop’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect.

Modification of Terms. We may, from time to time, change these API Terms. Please check these API Terms periodically for changes. Revisions by us will be effective immediately. We may require that you accept modified API Terms in order to continue to use the Whop Developer API.  If you do not agree to the modified API Terms, then you should remove your Application and discontinue your use of the Whop Developer API. Except as expressly permitted in this paragraph, these API Terms may be amended only by a written agreement signed by authorized representatives of the parties to these API Terms.

Entire Agreement. These API Terms, including all contracts, terms, policies, guidelines and other documents linked or otherwise incorporated or referenced herein, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof.