Skype API Terms of Use

Additional to the Skype End User Licence Agreement

IMPORTANT — PLEASE READ CAREFULLY:

These Skype API Terms of Use (the "API Terms") are in addition to and supplement the Skype End User Licence Agreement (the "EULA"), as published on the Skype Website. The terms and conditions of the EULA shall fully apply to these API Terms, save for the exceptions that are explicitly stated in these API Terms.

In addition to the capitalised terms defined elsewhere in these API Terms, all other capitalised definitions used herein are defined in Article 1 of the EULA.

If You want to use the Skype API for any purpose (including without limitation, in connection with an application or software program or for the purpose of interfacing with hardware), You must first register with Skype by completing and providing accurate contact information on the Skype Partner enquiry form available at Skype’s Website (the "Registration"). By submitting Your Registration to Skype, You explicitly agree to be bound by these API Terms and the EULA as well as any revised or renewed versions thereof, as will be published on the Skype Website or as may be otherwise notified to You by Skype. Skype reserves the right, at its sole discretion, to refuse or reject Your Registration.

You and Skype agree as follows:

1. As an exception to the EULA, and subject to Your compliance with the API Terms and EULA, Skype grants to You a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable right to use the Skype API for a Permitted Purpose, as defined in paragraph 2 below.

2. For the purposes of these API Terms, "Permitted Purpose" shall mean either:

(a) the purpose of developing software or code to interface and connect a software application with Skype Software, (the "Software Application") OTHER THAN as set out in paragraph 2(b) below, the "Software Application Purpose" or

(b) the purpose of developing software or code to interface a hardware device or other physical equipment (including any software embedded thereupon) (the "Hardware Device") with Skype Software and distributed together with or made available for such Hardware Device, "Hardware Application Purpose". In the event that You use or intend to use the Skype Software for a Hardware Application Purpose, You hereby acknowledge and accept that prior to making any use thereof, releasing, distributing, marketing for use with Skype or otherwise supplying any Hardware Device, You must have been approved by Skype as a partner of Skype’s Hardware Partner Scheme on the terms and conditions set out therein. If you have not been approved by Skype as a partner of Skype’s Hardware Partner Scheme, You may not use Skype Software in any way for a Hardware Application Purpose. Skype reserves the right, in its sole discretion to terminate the API Terms and the EULA immediately in the event that You breach this obligation.

3. Your right to use the Skype API under paragraph 1 above is subject further to Your compliance with the following:

3.1 Your Software Application or Hardware Device (as applicable) shall in no way and to no extent whether directly or indirectly adversely affect, impede or otherwise hinder or disrupt the functionality or performance of Skype Software or services provided by Skype, including without limitation, that it:
(i) does not adversely impact the call quality of using Skype Software;
(ii) does not adversely impact the stability of Skype;
(iii) does not adversely impact the behaviour of other applications using the Skype API;
(iv) does not attempt to install spyware or malware on the client computer;
(v) does not attempt to redistribute information about the use of Skype Software or Skype services without express permission of the user;
(vi) correctly identifies itself to Skype when requesting authorisation;
(vii) does not attempt to send messages or place calls to or communicate with other users of Skype Software unless specifically directed to do so by the user; and
(viii) does not attempt to modify the Skype Software User Interface in any way.

3.2 You will comply with the requirements and specifications related to application design and the use and presentation of the User Interface stated in Paragraph 4 below.

3.3 Save as expressly approved in writing by Skype, You will not distribute the Software Application or Hardware Device (as applicable) online through website(s) that is/are in any way similar to the Skype Website or use the Skype’s trademarks or words describing Skype’s products or services as the registered URL for website(s).

3.4 You will not knowingly harm, misuse or bring into disrepute the Skype Software, Skype API or Skype brand or name, but, on the contrary, will maintain the value and reputation thereof to the best of Your abilities.

3.5 You will not use the Skype API in any Software Application or Hardware Device (as applicable) that is actually or potentially fraudulent or inappropriate or contrary to Skype policy.

3.6 You will not collect any user’s personal information or data in a misleading, unauthorised or unfair way. Without limiting the generality of the foregoing, You will never collect the Skype password used by the users to log-in to his or her Skype account (the "Skype Password"). If users need a separate password to use Your Software Application or Hardware Device (as applicable), You will either (i) automatically generate a unique password and communicate it to the user or (ii) actively encourage the users to use a password different from the Skype Password.

4. You hereby specifically acknowledge that Your rights to use Skype API are strictly subject to Your full compliance with the following instructions related to promotion, marketing and design of Your Software Application or Hardware Device (as applicable), and any breach of any provision of the API Terms or the EULA shall give rise to automatic termination by Skype.

4.1 In respect of Software Application Purpose only, You may only use the following references to Skype, Skype API and Skype Software in connection with Your Software Application are the following expressions:

"works with Skype Software”
"uses Skype Software”
"for Skype Software”

4.2 You acknowledge that the Software Application or Hardware Device (as applicable) must prominently display the following statement in the help text or about text, in the Acknowledgements in the documentation associated with Your Software Application or Hardware Device (as applicable) and the packaging and other promotional material:

"This product uses the Skype API but is not endorsed, certified or otherwise approved in any way by Skype”

The foregoing will not apply provided the Software Application or Hardware Device (as applicable) has been certified according to Skype’s Certification Program [https://developer.skype.com/Certification]

4.3 The Software Application or Hardware Device (as applicable) may only use icons from Skype’s archive of application icons [https://developer.skype.com/Download/SkypeIcons] in reference to Skype.

5. Nothing in the API Terms will give You any right to use the Skype Promotional Materials, including without limitation the Skype trademarks and logos, or make other references to Skype or Skype’s products or services than those explicitly stated in paragraph 4 above. Unauthorised references or use of Skype Promotional Materials shall be considered as material breach of these API Terms and shall result to immediate termination thereof, as well as the EULA and any other agreements You may have entered into with Skype. Such termination shall be without limitation to Skype’s right to claim damages, seek for injunctive or other equitable relief and obtain other remedies from You.

6. At all times, You must constantly monitor the Skype Website to ensure (i) You are only using the latest stable version of the Skype API; and (ii) You are aware of any changes in the API Terms, the EULA or any other applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the Skype API and, where applicable, any and all use of the Skype Software.

7. You represent and warrant that You are authorised to agree to and meet with the terms and conditions of the API Terms and the EULA. You acknowledge and agree that the EULA will apply to the API Terms, except for the exceptions that are explicitly stated in the API Terms.

8. You acknowledge and agree that Your use of the Skype API will be at Your own risk and account. You agree, on demand, to indemnify, defend and hold Skype, its Affiliates and staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such person, in connection with or arising out of (a) Your use of the Skype API or (b) any breach or violation of the terms and conditions of these API Terms and/or the EULA.

9. Skype reserves the right to modify these API Terms at any time, on a general or individual basis, by publishing the revised API Terms on the Skype Website or by otherwise notifying You of the revised API Terms. Any eventual modification of the API Terms that establishes Skype’s right to charge royalties is subject to a three (3) months’ prior notice thereof. Your continued use of the Skype API shall constitute Your acceptance to be bound by the terms and conditions of the revised API Terms.

10. These API Terms will become effective upon an approved Registration and will remain effective until terminated by either Skype or You as set out herein and/or in the EULA. Skype will not be liable in relation to any damage caused by the modification or termination of these API Terms and/or the EULA.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE SKYPE API TERMS AND THE SKYPE END USER LICENCE AGREEMENT AND UNDERSTAND AND ACCEPT THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SUBMITTING YOUR REGISTRATION, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT TO SKYPE THE RIGHTS SET FORTH HEREIN.