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Developer Terms of Use

Welcome, Scorbit Developers

Last Updated September 22, 2026

Spinner Systems, Inc. (“Scorbit,” “we,” “us,” “our”) provides the Scorbit software development kit, application programming interfaces, real-time data feeds, API keys and other credentials, documentation, and related developer tools and services (collectively, the “Developer Services”) to two kinds of developers: those who integrate Scorbit into games, machines and other products (“OEM Integrators”), and venue owners and operators, and developers working on their behalf, who integrate Scorbit data into a venue’s own displays, websites, apps and systems (“Venue Integrators”). Sections that apply to only one kind of developer say so; everything else applies to both. Your access to and use of the Developer Services, and of the Scorbit cloud platform they connect to (together with the website located at https://scorbit.io (the “Site”) and Scorbit’s mobile applications, the “Service(s)”), is subject to these Developer Terms of Use (as amended from time to time, the “Developer Terms”).

If you accept these Developer Terms on behalf of a company or other organization, “you” means that organization, and you represent that you have authority to bind it. You must be at least 18 years old to accept these Developer Terms.

We reserve the right, at our sole discretion, to change or modify portions of these Developer Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you through the Developer Services, by email, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Developer Services after the date any such changes become effective constitutes your acceptance of the new Developer Terms.

PLEASE READ THESE DEVELOPER TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SCORBIT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Scorbit Terms of Use located at https://scorbit.io/tos/, which govern the Scorbit accounts of end users, and the Privacy Policy located at https://scorbit.io/privacy. All such terms are hereby incorporated by reference into these Developer Terms. If these Developer Terms conflict with the Scorbit Terms of Use with respect to the Developer Services, these Developer Terms control.

Definitions

  • “SDK” means the Scorbit software development kit, including its game-integration libraries, example code, tools such as encrypt_tool, and the Scorbit Network Libraries.
  • “Scorbit Network Libraries” means the components of the SDK that Scorbit maintains to communicate with the Service, and that Scorbit may update without changes to your game code.
  • “Credentials” means any credential Scorbit issues to you or that is generated for you, including a provisioning key issued to your organization, any encrypted form of it and the device key pairs generated from it during provisioning, API keys (such as sb_live_ keys), and data feed tokens (such as sbf_ tokens).
  • “Integrated Product” means any game, machine, device or software an OEM Integrator develops, manufactures or distributes that incorporates the SDK or otherwise connects to the Service using its Credentials.
  • “Data Feed” means a real-time or near-real-time stream of data about machines, games and play at a venue that Scorbit makes available through the Developer Services, and “Feed Data” means the data it carries.
  • “Venue Integration” means any display, website, app, service or system a Venue Integrator builds or operates that receives Feed Data or otherwise uses the Developer Services for a venue.
  • “End User” means any owner, operator, venue or player of an Integrated Product, and any venue customer, player or visitor who sees or uses a Venue Integration.
  • “Game Data” means scores, sessions, modes, achievements, machine state and other data that an Integrated Product sends to the Service.

Access and Use of the Developer Services

Service Description: The Service is a cloud platform that connects arcade and pinball games to the Internet so that players can share game data and scores, compete, and use features such as leaderboards, challenges, achievements and tournaments, and so that machine owners and operators can manage and maintain their machines remotely. The Developer Services let OEM Integrators connect Integrated Products to the Service, and let Venue Integrators bring Scorbit data into Venue Integrations.

License: Subject to these Developer Terms, Scorbit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of these Developer Terms to use the Developer Services to develop, test, manufacture, distribute and support Integrated Products that connect to the Service, and to build and operate Venue Integrations for venues you are authorized to represent under the Data Feeds and Venue Integrations section. Components of the SDK that Scorbit publishes under an open-source license (such as the MIT License) are governed by that license, and nothing in these Developer Terms limits the rights that license grants you in that source code. Access to the Service itself, including through Credentials, is always governed by these Developer Terms.

Your Registration Obligations: You may be required to register with Scorbit as a developer or provider in order to receive Credentials or access certain Developer Services. You agree to provide and maintain true, accurate, current and complete information about yourself and your organization. Registration data and certain other information about you are governed by our Privacy Policy.

Credentials and Security: You are responsible for maintaining the confidentiality of your Credentials and for any and all activities that occur under them. You agree to:

  • if you are an OEM Integrator, keep your provisioning key confidential and embed it in your Integrated Products only in the encrypted form produced by the tools Scorbit provides; ensure that each unit of an Integrated Product is provisioned individually and holds its own device key pair, and never copy device keys between units; and store device keys persistently and securely, using a hardware security module such as a TPM where one is available;
  • if you are a Venue Integrator, keep API keys on servers you control and never place them in browser code, mobile apps, public repositories or anything else an End User can read; give each Venue Integration only the data feed token it needs; and rotate or revoke any key or token you no longer need;
  • not share Credentials with any third party other than contractors acting on your behalf (such as a contract manufacturer, or a developer a venue has engaged), who you will bind to obligations at least as protective as these; and
  • immediately notify Scorbit at [security@scorbit.io] of any actual or suspected compromise of your Credentials or any other breach of security.

Scorbit may suspend, revoke or rotate Credentials at any time if it believes they have been compromised or misused. Scorbit will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Developer Services: Scorbit reserves the right to modify or discontinue, temporarily or permanently, the Developer Services or the Service (or any part thereof) with or without notice. Where practicable, Scorbit will give developers reasonable advance notice of changes that require updates to Integrated Products. You agree that Scorbit will not be liable to you or to any third party for any modification, suspension or discontinuance of the Developer Services or the Service.

General Practices Regarding Use and Storage: You acknowledge that Scorbit may establish general practices and limits concerning use of the Service, including without limitation request-rate limits, the maximum period of time that data or other content will be retained by the Service, and the maximum storage space that will be allotted on Scorbit’s servers on your behalf. You agree to stay within any such limits and not to circumvent them. You agree that Scorbit has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that Scorbit reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Fees: The Developer Services are currently provided without charge. [Scorbit may introduce fees for some Developer Services on at least thirty (30) days’ notice, or under a separate written agreement with you.] Fees that End Users pay to play games or use the Service are governed by the Scorbit Terms of Use and by the applicable machine operator, not by these Developer Terms.

Remote Management and Remote Diagnostics of Devices

This section applies to Integrated Products and to Scorbit hardware, such as the Scorbitron, installed on machines that a Venue Integrator owns or operates (together, “Devices”).

Remote management: Integrated Products run Scorbit Network Libraries and, in the case of Scorbit hardware such as the Scorbitron, other software that Scorbit controls and updates remotely. You acknowledge and agree that Scorbit may remotely install updates to the Scorbit Network Libraries and to Scorbit hardware, verify that an Integrated Product is communicating with the Service, and, in the course of a support interaction, briefly interrupt the Scorbit software’s own processes (for no more than a few seconds and never while a game is in progress) to read the identity and firmware versions of the Scorbit hardware attached to a machine. Scorbit does not read or store game memory, scores or player data through these routines beyond what the Service otherwise collects. You will not disable, block or interfere with these update and management mechanisms.

Remote diagnostics: To support the Service, Scorbit may, at an End User’s or your request or in response to a connectivity problem Scorbit detects, remotely run diagnostic routines on a Device for a limited period not exceeding twenty-four hours per run. These routines measure the quality of the Device’s own network connection (for example signal strength, retransmission rate, latency and packet loss to Scorbit’s servers and to the local network gateway) and confirm that the network services the Device depends on are reachable. They do not inspect, record or transmit the content of any network traffic, do not access any other device on the local network, and do not collect the Wi-Fi password, the name of the Wi-Fi network, the identifier of the access point, or any information about nearby networks other than how many there are. The SDK uses the device’s radio read-only and does not change its regulatory domain, transmit power or channel. Diagnostic results are visible to Scorbit support staff, are linked to the relevant End User’s account for the purpose of resolving the issue, and are retained as described in the Privacy Policy. Scorbit runs diagnostics only in connection with a specific support request or detected connectivity problem, and does not run them on a schedule or across its fleet of devices.

Network authorization (Venue Integrators): If you own or operate a venue where Devices are installed, you represent that you own or are authorized to permit diagnostics on the network those Devices use.

Your disclosure obligations (OEM Integrators): Before you distribute an Integrated Product that includes a version of the SDK with remote network diagnostics (scorbit_sdk [2.1.0] or later), you will ensure that your product’s terms or privacy notice tell End Users that Scorbit may run remote network diagnostics as described above. You are responsible for obtaining any End User consents that applicable law requires for the Service to operate on your Integrated Products.

Data Feeds and Venue Integrations

This section applies to Venue Integrators.

Who may use a Data Feed: A Data Feed may be created only for machines at venues whose owner, or whose operator’s owner, has authorized it through the Service. If you build or operate a Venue Integration on behalf of a venue, you represent that the venue has authorized you to do so, and you acknowledge that the venue can withdraw that authorization at any time. Your access to Feed Data ends when authorization ends, when the venue’s ownership or operator changes, or when the feed or its Credentials are revoked, and Scorbit may stop delivering Feed Data at that moment without notice to you.

Permitted use: You may use Feed Data only to operate Venue Integrations for the authorized venue, such as in-venue displays, scoreboards, streams, the venue’s own website or app, and the venue’s own analytics and promotions. You will not:

  • sell, license, redistribute or publish Feed Data as a data product, or provide it to anyone other than the authorized venue and its contractors;
  • combine Feed Data from venues you are not authorized for, or build a service that aggregates Feed Data across venues without Scorbit’s written permission;
  • use Feed Data to build or train a product that competes with the Service;
  • alter scores or other Feed Data so that it misrepresents what happened on a machine; or
  • use Feed Data to track, profile or contact individual players outside the Service.

Player information: Feed Data may include player-facing information such as display names, avatars and scores, according to each player’s Scorbit privacy settings. You will display it only in the form the Data Feed delivers it, will not try to re-identify players who appear anonymously, and will keep it no longer than your Venue Integration needs it and in any case no longer than 30 days. If a player’s information stops appearing in the Data Feed, you will stop displaying it.

Availability: Data Feeds are delivered on a best-efforts basis, and Scorbit does not guarantee their latency, completeness or continuity. Do not use Feed Data as the sole record of prizes, payouts or other matters of value; the Service remains the record.

Branding and Attribution

This section applies wherever Feed Data, Game Data or other data from the Service is shown to the public or to End Users, whether in a Venue Integration or an Integrated Product.

  • Show “Scorbit” or “Powered by Scorbit” with the Scorbit logo, in a legible size, on every screen, page or stream that displays data from the Service, as described in Scorbit’s brand guidelines where posted.
  • Do not remove, obscure or alter Scorbit attribution, and do not modify the Scorbit logo.
  • Do not suggest that Scorbit sponsors, endorses or operates your Venue Integration, Integrated Product, venue or promotion, beyond the fact that it uses the Service.
  • Scorbit may waive or vary these requirements for a specific integration in writing.

Device Data and End User Privacy

Data Scorbit collects from Devices: When a Device connects to the Service, Scorbit collects Game Data, the device’s public IP address and local network address (to route service traffic and to help support locate connectivity problems), and firmware and SDK version information. When a diagnostic runs, Scorbit collects measurements of the device’s network link (signal strength, noise, data rate, retransmissions, packet loss and latency), which network services were reachable, connection, disconnection and access-point change events, and the number of nearby Wi-Fi networks, together with a record of which support representative ran the diagnostic and when. Scorbit does not collect the Wi-Fi network name or password, the identifier of the access point, the names or identifiers of nearby networks, the content of network traffic, or information about other devices on the network. All diagnostic data, including the summary of each diagnostic run, is deleted 90 days after the diagnostic started. Scorbit handles this data as described in the Privacy Policy.

Your handling of End User data: If you receive any End User personal information through the Developer Services, you will use it only to operate and support your Integrated Products, protect it with reasonable security measures, comply with all applicable privacy and data-protection laws, maintain a privacy notice that accurately describes your practices, and not sell it or use it for advertising unrelated to your Integrated Products.

Game integrity (OEM Integrators): You will report Game Data accurately and will not fabricate, alter or replay scores, sessions or achievements, or enable End Users to do so. Scorbit may suspend Integrated Products or Credentials that submit invalid or manipulated Game Data.

Conditions of Use

Developer Conduct: You are solely responsible for all code, data, content and other materials that your Integrated Products or Venue Integrations send to, receive from or display through the Service, and for your use of the Developer Services. Scorbit reserves the right to investigate and take appropriate legal action against anyone who, in Scorbit’s sole discretion, violates this provision, including without limitation removing offending content, suspending or revoking Credentials, suspending or terminating accounts, and reporting you to law enforcement authorities. You agree not to use the Developer Services to:

  • upload or transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising or other solicitation; or (vi) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another’s privacy, or otherwise objectionable;
  • interfere with or disrupt the Service or servers or networks connected to the Service, exceed or circumvent rate limits, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • access the Service other than through the Developer Services or interfaces Scorbit documents, use Credentials issued to someone else, or request Data Feeds for venues you are not authorized to represent;
  • use an Integrated Product, a Device or the SDK to collect, log or transmit information about networks, devices or communications other than the device’s own connection, or to change the device’s radio regulatory domain, transmit power or channel through Scorbit software;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including by claiming scores or games that are not genuine;
  • solicit personal information from anyone under the age of 18 through the Service;
  • harvest or collect email addresses or other contact information of End Users or other users for the purposes of sending unsolicited communications;
  • violate any applicable local, state, national or international law, or any regulations having the force of law; or
  • further or promote any criminal activity or enterprise.

Security Research: If you discover a security vulnerability in the Developer Services or the Service, report it promptly to [security@scorbit.io] and do not disclose it publicly until Scorbit has had a reasonable opportunity to fix it. Do not access data that is not yours or degrade the Service while investigating.

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Developer Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws, and you represent that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties. You are responsible for ensuring that your Integrated Products comply with the laws and product regulations of every jurisdiction in which you distribute them.

Commercial Use: You may use the Developer Services for commercial purposes to develop, sell and support Integrated Products, and to build and operate Venue Integrations, including as a paid contractor to an authorized venue. Unless otherwise expressly authorized in writing by Scorbit, you agree not to resell, sublicense or provide access to the Service itself, to Feed Data except as the Data Feeds and Venue Integrations section allows, or to your Credentials, to any third party.

Confidentiality

Your Credentials, and any non-public documentation, pre-release software, roadmaps or other information Scorbit identifies as confidential or that a reasonable person would understand to be confidential (“Confidential Information”), may be used only to exercise your rights under these Developer Terms. You will protect Confidential Information with at least reasonable care and will not disclose it except to your employees and contractors who need to know it and are bound by confidentiality obligations at least as protective as these. This obligation does not apply to information that is or becomes public through no fault of yours, that you already lawfully possessed, or that you independently developed.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service and Developer Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. The technology and software underlying the Service or distributed in connection with it, including the Scorbit Network Libraries, are the property of Scorbit, our affiliates and our partners (the “Software”). Except as expressly permitted by these Developer Terms or by an open-source license that applies to a specific component, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Software, or sell, assign, sublicense, or otherwise transfer any right in it. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods, except through interfaces Scorbit documents for that purpose. If you are blocked by Scorbit from accessing the Service, you agree not to implement any measures to circumvent such blocking. Any rights not expressly granted herein are reserved by Scorbit.

The Scorbit name and logos are trademarks and service marks of Scorbit (collectively the “Scorbit Trademarks”). Subject to these Developer Terms, including the Branding and Attribution section, you may use the Scorbit Trademarks solely to identify your Integrated Products and Venue Integrations as working with the Service. Nothing else in these Developer Terms grants, by implication, estoppel, or otherwise, any license or right to use any Scorbit Trademark without our prior written permission in each instance. All goodwill generated from the use of Scorbit Trademarks will inure to our exclusive benefit.

Your Integrations and Game Data: As between you and Scorbit, you retain all rights in your Integrated Products, your Venue Integrations and your own code, but not in Feed Data or other data from the Service, which remains subject to these Developer Terms. You grant Scorbit and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, perform, distribute, store, modify and otherwise use Game Data, and any names, artwork and other materials you provide for display through the Service (such as game titles, achievement definitions and attract-mode content), in connection with the operation of the Service, including leaderboards, statistics and player profiles, and the promotion, advertising or marketing of the Service in any form, medium or technology now known or later developed. You represent and warrant that you have all rights necessary to grant this license.

Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, bug reports or other information about the Developer Services or the Service (“Submissions”) provided by you to Scorbit are non-confidential and Scorbit will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Scorbit may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Developer Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Scorbit, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Material: Under no circumstances will Scorbit be liable in any way for any content or materials of any third parties (including End Users and other developers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Scorbit and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service, including content that violates these Developer Terms.

Copyright Complaints: Scorbit respects the intellectual property of others, and we ask our developers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Scorbit of your infringement claim in accordance with the procedure set forth below.

Scorbit will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Scorbit’s Copyright Agent at support@scorbit.io (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:

2370 E Stadium Blvd #2124
Ann Arbor, MI 48104

To be effective, the notification must be in writing and contain the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Scorbit will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Scorbit has adopted a policy of terminating, in appropriate circumstances and at Scorbit’s sole discretion, accounts of developers and users who are deemed to be repeat infringers. Scorbit may also at its sole discretion limit access to the Service and/or terminate the accounts of any developers or users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Services

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Scorbit has no control over such sites and resources and Scorbit is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Scorbit will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. To the extent that you use any third party products and services in connection with the Developer Services, including app stores or other distribution channels for your Integrated Products, you agree to comply with all applicable terms of any agreement for such third party products and services.

Indemnity and Release

You agree to release, indemnify and hold Scorbit and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Developer Services, your Integrated Products or Venue Integrations, any Game Data or other content you provide, your use of Feed Data, any claim that you were not authorized to act for a venue, your handling of End User data, any failure to provide the End User disclosures required by these Developer Terms, your violation of these Developer Terms, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

YOUR USE OF THE DEVELOPER SERVICES AND THE SERVICE IS AT YOUR SOLE RISK. THE DEVELOPER SERVICES AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCORBIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SCORBIT MAKES NO WARRANTY THAT (I) THE DEVELOPER SERVICES OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE DEVELOPER SERVICES OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DEVELOPER SERVICES OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE SDK WILL BE COMPATIBLE WITH YOUR INTEGRATED PRODUCTS, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE DEVELOPER SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SCORBIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCORBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE DEVELOPER SERVICES OR THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY RECALL, REWORK OR FIELD UPDATE OF YOUR INTEGRATED PRODUCTS; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (VI) ANY OTHER MATTER RELATING TO THE DEVELOPER SERVICES OR THE SERVICE. IN NO EVENT WILL SCORBIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SCORBIT FOR THE DEVELOPER SERVICES IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DEVELOPER SERVICES OR WITH THESE DEVELOPER TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE DEVELOPER SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Developer Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Scorbit, whether arising out of or relating to these Developer Terms (including any alleged breach thereof), the Developer Services, the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Developer Terms, you and Scorbit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SCORBIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SCORBIT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

(c) Pre-Arbitration Dispute Resolution

Scorbit is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing support at support@scorbit.io. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Scorbit should be sent to 2370 Stadium Blvd, PMB 2124, Ann Arbor, MI, 48104 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Scorbit and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Scorbit may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Scorbit or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Scorbit is entitled.

(d) Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules or, for developers that are businesses, the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Developer Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Developer Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Scorbit and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Scorbit agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Scorbit will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Scorbit will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Scorbit will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Developer Terms will continue to apply.

(h) Future Changes to Arbitration Agreement

Notwithstanding any provision in these Developer Terms to the contrary, Scorbit agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are using the Developer Services, you may reject any such change by sending Scorbit written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Developer Terms (or accepted any subsequent changes to these Developer Terms).

Termination

You may stop using the Developer Services at any time. You agree that Scorbit, in its sole discretion, may suspend or terminate your developer account, revoke your Credentials, or suspend the connection of any Integrated Product to the Service, for any reason, including, without limitation, for lack of use or if Scorbit believes that you have violated or acted inconsistently with the letter or spirit of these Developer Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination may be referred to appropriate law enforcement authorities. Scorbit may also in its sole discretion and at any time discontinue providing the Developer Services, or any part thereof, with or without notice. On termination, your license under these Developer Terms ends, and you will stop distributing new Integrated Products that use your Credentials, stop using Feed Data and delete any you hold, and destroy any Confidential Information in your possession. The sections on Data Feeds and Venue Integrations (as to Feed Data you still hold), Device Data and End User Privacy, Confidentiality, Intellectual Property Rights, Indemnity and Release, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution By Binding Arbitration and General survive termination. You agree that Scorbit will not be liable to you or any third party for any termination of your access to the Developer Services.

Disputes with End Users

You are solely responsible for your relationship with the End Users of your Integrated Products and Venue Integrations, including support, warranty and refund obligations, and, if you work on behalf of a venue, for your relationship with that venue. Scorbit reserves the right, but has no obligation, to become involved in any way with disputes between you and any End User.

General

These Developer Terms constitute the entire agreement between you and Scorbit and govern your use of the Developer Services, superseding any prior agreements between you and Scorbit with respect to the Developer Services, except any separate written agreement between you and Scorbit that expressly supplements or overrides them. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Developer Terms will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Scorbit agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Washtenaw County, Michigan. The failure of Scorbit to exercise or enforce any right or provision of these Developer Terms will not constitute a waiver of such right or provision. If any provision of these Developer Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Developer Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Developer Services or these Developer Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Developer Terms without the prior written consent of Scorbit, but Scorbit may assign or transfer these Developer Terms, in whole or in part, without restriction. The section titles in these Developer Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Developer Services may also provide notices to you of changes to these Developer Terms or other matters by displaying notices or links to notices generally on the Service.

Your Privacy

At Scorbit, we respect the privacy of our developers and users. For details please see our Privacy Policy. By using the Developer Services, you consent to our collection and use of personal data as outlined therein.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at:

2370 E Stadium Blvd #2124
Ann Arbor, MI 48104

Email: support@scorbit.io

Questions? Concerns? Suggestions?

Please contact us at support@scorbit.io to report any violations of these Developer Terms or to pose any questions regarding these Developer Terms or the Developer Services.