Brevo Developer Terms
1. Acceptance and scope
1.1. These Brevo Developer Terms (“Developer Terms”) govern your access to and use of Brevo’s application programming interfaces, software development kits (“SDKs”), documentation, submission tooling, and related materials (collectively, the “Developer Tools”) that enable you (“Developer”, “you”, “your”) to develop and distribute software applications, plugins, connectors, or other integrations that interoperate with the Brevo Services (“Distributable Apps”).
1.2. Access to the Developer Tools requires an existing Brevo account.
1.3. By submitting a Distributable App, or by otherwise accessing or using the Developer Tools, Developer accepts these Developer Terms in full. If Developer is an entity, the individual submitting on its behalf represents that they are authorized to bind that entity.
2. Definitions
Capitalized terms used in these Developer Terms have the meanings set out below or as otherwise defined in the section in which they first appear. Any other capitalized term used but not defined in these Developer Terms has the meaning given to it in the applicable Brevo Terms of Service or Brevo Enterprise Solution Agreement.
“Brevo”, “we”, “us”, or “our” means Sendinblue SAS.
“Brevo Account” means an account with Brevo through which a person or entity accesses the Brevo Services.
“Brevo Parties” means Brevo and its affiliates, and their respective officers, directors, employees, and agents.
“Brevo Service(s)” (or “Services”) means both the product and services provided in SaaS (Software as a Service) mode from the Software, and where applicable, the Professional Services.
“Content” means input and output data, including metadata, generated directly or indirectly or co-generated by Customers through the use of the Services, excluding any assets or data owned or held by Brevo or any third-party, in particular where such assets or data are protected by intellectual property rights or trade secrets, to the extent such data is made accessible to a Distributable App through the Developer Tools, subject to the applicable Scopes.
“Developer”, “You”, or “Your” means the individual or entity that holds a Brevo Account and that develops, submits, or distributes a Distributable App under these Developer Terms.
“Developer Tools” means Brevo’s application programming interfaces (“API”), software development kits (“SDKs”), documentation, submission form, and any other tools or materials that Brevo makes available to Developer for the purpose of developing and distributing Distributable Apps.
“Distributable App” means any application, plugin, connector, extension, or other integration that Developer develops using the Developer Tools and that is made available for installation or use by End Users outside of any Brevo-operated marketplace or app store.
“Documentation” means any technical or usage documentation relating to the Developer Tools that Brevo makes available to Developer including the documentation available under https://developers.brevo.com/docs/apps.
“End User” means any person or entity that installs, accesses, or uses a Distributable App.
“Scopes” means the specific categories of access or actions (e.g., reading or creating contacts, sending campaigns) that Developer defines for a Distributable App and that determine the extent of its access to Content via the Developer Tools.
“Submission” means the mandatory registration of a Distributable App by Developer through Brevo’s designated submission form prior to making that Distributable App available to any End User.
3. Relationship to other Brevo Terms
3.1. These Developer Terms apply specifically to your access to and use of the Developer Tools and to the development, Submission, and distribution of Distributable Apps. Your Brevo Account, and your use of the Brevo Services generally, remain governed by the Brevo Terms of Service or the Brevo Enterprise Solution Agreement (depending on your contract) and the Brevo Privacy Policy.
3.2. In the event of a conflict between these Developer Terms and the Brevo Terms of Service with respect to the Developer Tools or a Distributable App, these Developer Terms shall govern. In all other respects, including with respect to your use of your Brevo Account outside the scope of the Developer Tools, the applicable Brevo Terms shall govern.
3.3. Your use of the Developer Tools and any Distributable App is additionally subject to the Brevo Acceptable Use Policy, which is incorporated into these Developer Terms by reference.
3.4. These Developer Terms do not affect, and shall not be construed to modify, any agreement between Brevo and its Customers, including with respect to the processing of Content. Access to Content through a Distributable App remains subject to the authorization given by the relevant Brevo Customer, and nothing in these Developer Terms grants Developer any right to Content beyond what that Customer has authorized via the applicable Scopes.
4. Grant of license to Developer Tools
4.1. License Grant. Subject to these Developer Terms, Brevo grants Developer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license, for the term of these Developer Terms, to access and use the Developer Tools solely for the purpose of developing, testing, and distributing Distributable Apps in accordance with these Developer Terms and the Documentation.
4.2. Documentation License. Brevo grants Developer a limited, non-exclusive, non-transferable, non-sublicensable license to reproduce a reasonable number of copies of the Documentation solely for internal use in connection with the license granted in Section 4.1.
4.3. Reservation of Rights. Brevo reserves all rights not expressly granted to Developer under these Developer Terms. No other rights or licenses, whether by implication, estoppel, or otherwise, are granted to Developer.
5. Development and testing
5.1. Developer is solely responsible for the development and testing of its Distributable App prior to Submission.
5.2. Developer shall develop and test the Distributable App in accordance with the Documentation and any technical guidelines, usage limits, or specifications made available by Brevo from time to time.
5.3. Brevo makes no representation as to the availability, stability, or continued support of any version of the Developer Tools. Brevo may modify, update, suspend, or discontinue any Developer Tools at any time, with or without notice, and without liability to Developer. Brevo may require Developer to update a Distributable App to remain compatible with a modified version of the Developer Tools.
5.4. Developer shall not use Content accessed through its Brevo Account for any purpose other than developing and testing the Distributable App and shall not use Content relating to actual End Users for testing purposes unless it has obtained all consents required under applicable law.
6. Developer obligations
6.1. General Responsibility. Developer is solely responsible for developing, publishing, maintaining, updating, hosting, operating and supporting each Distributable App, including defining the Scopes it requests. Brevo has no obligation to develop, maintain, host, or support any Distributable App.
6.2. End User Agreement. Developer must maintain a binding agreement with each End User of the Distributable App, and a publicly available privacy policy, that together accurately and completely describe the Distributable App’s functionality and its collection, use, storage, and disclosure of Content.
6.3. Compliance. Developer must ensure that each Distributable App, and its own conduct in developing, submitting, distributing, and operating it, complies at all times with these Terms, Brevo’s Terms of Service, Brevo’s Documentation, and all applicable laws and regulations, including intellectual property, data protection, consumer protection, and export control laws.
6.4. Submission Accuracy. Developer must ensure that the Distributable App and its actual functionality correspond to the category, use case, and other information provided in its Submission. Developer must promptly update its Submission if the Distributable App’s functionality, Scopes, or ownership changes, and must not change the Scopes of a published Distributable App without resubmitting for the process described in Section 7.
6.5. No-Endorsement Disclosure. Developer must clearly and conspicuously inform each End User of the Distributable App, before installation, that Brevo has not reviewed, tested, certified, approved, or endorsed the Distributable App, and that the End User installs and uses it at its own risk.
6.6. Consequence of Breach. A breach of any obligation in this Section 6 is a material breach of these Terms and entitles Brevo to suspend or remove the Distributable App under Section 12.3, in addition to any other remedy available to Brevo.
7. Submission process and scope registration and activation
7.1. Before making a Distributable App available to End Users, Developer must register the Distributable App with Brevo and provide the information reasonably requested by Brevo for technical activation and administration of the Distributable App.
7.2. Brevo may activate, suspend or deactivate a Distributable App at its discretion, including where Brevo reasonably believes that the Distributable App may violate these Developer Terms, applicable law, or interfere with the Brevo Services.
7.3. Registration or activation is solely an administrative and technical measure enabling interoperability with the Brevo Services. It does not constitute any review, testing, certification, approval or endorsement by Brevo of the Distributable App, including its functionality, security, quality, legal compliance or suitability for any purpose.
7.4. Developer shall ensure that the Scopes requested by a Distributable App are limited to what is reasonably necessary for its disclosed functionality. Any material change to the Scopes requires the affected End User to accept the updated Scopes before access under those Scopes is granted.
8. Usage restrictions
Developer shall not, and shall ensure that its personnel, contractors, and Distributable App do not:
a) modify, translate, or create derivative works of the Developer Tools, other than the Distributable App itself to the extent expressly permitted by the Documentation;
b) sell, lease, rent, distribute, sublicense, or otherwise transfer the Developer Tools, or resell, sublicense, or otherwise commercially exploit access to the Brevo Services as a standalone service, as distinct from providing the disclosed functionality of the Distributable App itself;
c) reverse engineer, decompile, or disassemble the Developer Tools, except to the extent such restriction is prohibited by applicable law;
d) remove, obscure, or alter any proprietary notices contained in the Developer Tools or the Documentation;
e) build, or use the Developer Tools to build, a product or service intended to replicate or substitute the core functionality of the Brevo Services;
f) combine or distribute the Developer Tools, or any portion thereof, with software subject to an open source license that requires the Developer Tools to be disclosed, distributed, or licensed in source code form;
g) circumvent, disable, or interfere with any rate limit, usage limit, fee structure, authentication mechanism, or security feature of the Developer Tools or the Brevo Services;
h) exceed the Scopes defined for the relevant Distributable App, or access, use, or disclose Content beyond what is authorized by the applicable Scopes and the relevant End User;
i) collect, store, or disclose to any third party any Brevo Account credentials, API keys, tokens, or other access credentials;
j) aggregate or combine Content with third-party data in a manner that obscures its origin or misrepresents it as Developer’s own data;
k) use Content to train, fine-tune, develop, or improve any artificial intelligence or machine learning model, algorithm, or product;
l) use the Distributable App to send unsolicited communications, or otherwise engage in conduct that would violate applicable marketing, e-privacy, or anti-spam laws or Brevo’s Acceptable Use Policy;
m) make the Distributable App available in, or to any person located in, a country or region subject to applicable trade sanctions or export control restrictions, or to any person or entity subject to such sanctions; or
n) engage in any illegal, fraudulent, or deceptive activity, or otherwise interfere with, damage, disable, overburden, or impair the Brevo Services or any Brevo Customer’s use of it.
9. Intellectual property; branding; feedback
9.1. Ownership of Brevo IP. The Brevo Services, the Developer Tools, the Documentation and Brevo’s trademarks, logos, and trade names (the “Brevo Marks”), and all intellectual property rights therein, are and will remain the sole property of Brevo or its licensors, subject only to the licenses expressly granted in Section 4.
9.2. Ownership of the Distributable App. Developer (or its licensors) owns and retains all right, title, and interest in and to the Distributable App, including all intellectual property rights therein. Brevo does not acquire any ownership interest in the Distributable App as a result of providing the Developer Tools, reviewing a Submission, or activating the Distributable App.
9.3. Feedback. If Developer provides Brevo with feedback, suggestions, or ideas regarding the Developer Tools or the Brevo Services, Developer grants Brevo a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and otherwise exploit such feedback for any purpose, without any obligation or compensation to Developer.
9.4. License to Use Brevo Marks. Subject to Developer’s compliance with these Developer Terms and any brand guidelines made available by Brevo, Brevo grants Developer a limited, non-exclusive, non-transferable, revocable license to use the Brevo Marks solely to accurately describe the Distributable App’s interoperability with the Brevo Services. Developer shall not use the Brevo Marks in any manner that suggests or implies that Brevo endorses, sponsors, or is otherwise affiliated with the Distributable App beyond such interoperability, consistent with Section 6.5. Developer shall immediately cease using the Brevo Marks upon Brevo’s request or upon termination of these Developer Terms.
9.5. License to Use Developer Marks. Developer grants Brevo a limited, non-exclusive, worldwide, royalty-free license to use Developer’s name, logo, and a factual description of the Distributable App for administrative, analytics, and internal reporting purposes. Brevo shall not publicly reference Developer or the Distributable App for marketing purposes without Developer’s prior written consent.
10. Indemnification
10.1. Developer shall defend, indemnify and hold harmless the Brevo Parties from and against any third-party claim arising out of or relating to:
a) Developer’s use of the Developer Tools or Content;
b) any actual or alleged infringement of a third party’s intellectual property or other rights; or
c) Developer’s breach of these Developer Terms or of its agreement or privacy policy with an End User.
10.2. Brevo will give Developer prompt written notice of a Claim, provided that a delay shall not relieve Developer of its obligations under this Section except to the extent Developer is materially prejudiced by it. Brevo may, at its option, control the defense and settlement of any Claim, at Developer’s expense, with counsel of its choosing. Developer shall not enter into any settlement that imposes liability or an admission on a Brevo Party without Brevo’s prior written consent.
11. Warranty and liability
11.1. Disclaimer of Warranties. The Developer Tools, the Documentation, and any Content made available to Developer are provided “as is” and “as available.” Brevo makes no representation or warranty regarding the suitability, reliability, availability, timeliness, security, accuracy, or completeness of the Developer Tools, and the Developer Tools may not be available at all times. To the maximum extent permitted by applicable law, Brevo disclaims all warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and does not warrant that the Developer Tools will be uninterrupted, secure, or error-free. Brevo makes no warranty of any kind regarding a Distributable App, which is developed, provided, and operated solely by Developer.
11.2. Limitation of Liability. Brevo’s liability arising out of or in connection with these Developer Terms, the Developer Tools, or any Distributable App is governed by, and limited in accordance with, Section 9 (Liability & Warranty) of the Brevo Terms of Service, as amended from time to time, which applies to these Developer Terms mutatis mutandis. For the purposes of that Section, the Developer Tools shall be treated as Services provided free of charge.
11.3. No Liability for Distributable Apps. Brevo is not a party to any Distributable App and has no liability arising from it, including its functionality, security, or its processing of personal data or Content. Registration or activation of a Distributable App under Section 7 does not constitute a review, approval, warranty, or endorsement by Brevo of the Distributable App.
12. Term and termination
12.1. Term. These Developer Terms take effect when Developer first accesses the Developer Tools or makes a Submission, whichever occurs first, and remain in effect until terminated in accordance with this Section 12.
12.2. Termination for Convenience. Developer may terminate these Developer Terms at any time by ceasing all use of the Developer Tools and discontinuing all Distributable Apps. Brevo may terminate these Developer Terms, or Developer’s access to the Developer Tools, at any time for convenience upon notice to Developer.
12.3. Suspension and Termination for Cause. Brevo may suspend or deactivate any Distributable App, suspend Developer’s access to the Developer Tools, or terminate these Developer Terms, in each case immediately and without notice, if: (a) Developer breaches these Developer Terms or applicable law; (b) Brevo reasonably believes that a Distributable App poses a security, legal, or reputational risk to Brevo, an End User, or any third party; (c) Brevo is required to do so by a competent authority or applicable law; or (d) Developer’s Brevo Account is suspended, terminated, or closed for any reason.
12.4. Monitoring. Brevo may monitor Developer’s compliance with these Developer Terms, including through the random or risk-based reviews described in Section 7.7, and may request that Developer provide information reasonably necessary to demonstrate such compliance. Developer shall cooperate with Brevo’s monitoring activities.
12.5. Effect of Termination. Upon termination of these Developer Terms for any reason: (a) all licenses granted to Developer under Section 4 and Section 9.4 immediately terminate, and Developer shall immediately cease all use of the Developer Tools and the Brevo Marks; (b) Developer shall deactivate and cease distribution of the Distributable App; and (c) Developer shall delete all Content in its possession or control, except to the extent retention is required by applicable law.
12.6. Survival. The Definitions, Section 8 (Restrictions on Use), Section 9 (Intellectual Property and Branding, to the extent relating to ownership and feedback), Section 11 (Warranty and Liability), the Indemnification section, this Section 12.5 and 12.6, and the General/Miscellaneous section survive any termination or expiration of these Developer Terms.
12.7. Termination of End User. Upon termination or disconnection by an End User, Developer shall cease access to that End User’s Content and delete or return such Content in accordance with applicable law and its agreement with the End User, except to the extent retention is legally required.
13. Data protection and security
13.1. Consent and Lawful Basis. Developer shall obtain all consents, authorizations, and lawful bases required under applicable data protection law before accessing, collecting, using, or disclosing any Content, and shall ensure that Content is collected, processed, transmitted, stored, and used only: (a) in accordance with Developer’s agreement with, and privacy policy provided to, the relevant End User; (b) on the basis of appropriate notices to, and consents from, the End User and, where applicable, its own end users; and (c) in compliance with applicable law, including the GDPR. Developer shall not access, use, or disclose Content beyond the Scopes accepted by the relevant End User.
13.2. Security Measures. Developer shall implement and maintain appropriate technical and organizational measures that (a) meet or exceed applicable industry standards having regard to the sensitivity of the Content concerned, (b) comply with applicable data protection and security laws, and (c) are designed to prevent unauthorized access to, or unauthorized or unlawful processing, loss, destruction, alteration, or disclosure of, Content. Developer shall keep any Developer Credentials issued by Brevo confidential and shall not disclose them to any third party.
13.3. Security Incidents. Developer shall take appropriate measures to contain, remediate, and address any incident that has, or may have, compromised the security, confidentiality, or integrity of Content (a “Security Incident”), and shall comply with its own notification and other obligations toward the affected End User(s) under Section 6.2 and applicable law. If a Security Incident has, or Developer reasonably believes it may have, an impact on the Brevo Services or Brevo’s systems, Developer shall notify Brevo without undue delay and provide Brevo, using reasonable efforts, with the information regarding the Security Incident that is reasonably available to Developer. Developer shall coordinate with Brevo, prior to publication, on any public statement, including press releases, blog posts, or social media posts, relating to a Security Incident to the extent it references Brevo or the Brevo Services.
13.4. Compliance and Audit. Developer shall comply with applicable data protection and security laws in its relationship with its End Users. Where Brevo has a suspicion, or becomes aware of an actual risk, that a Distributable App’s data security or data protection practices may affect the Brevo Services or Brevo’s systems, Brevo may request, and Developer shall provide, using reasonable efforts, the information reasonably necessary to assess and address that risk.
14. General
14.1. Amendments. Brevo may amend these Developer Terms at any time. For material changes, Brevo will use reasonable efforts to notify Developer in advance. Continued use of the Developer Tools or distribution of a Distributable App after the effective date of an amendment constitutes acceptance of the amended Developer Terms.
14.2. Confidentiality. Developer shall keep confidential any non-public information disclosed by Brevo in connection with these Developer Terms, including non-public technical information and any communication relating to Brevo’s review of a Submission, and shall not disclose such information to any third party without Brevo’s prior written consent or use it for any purpose other than developing, testing, and distributing the Distributable App. This obligation does not apply to information that becomes publicly available through no fault of Developer or that Developer is required to disclose by law.
14.3. Governing Law and Jurisdiction. These Developer Terms are governed by the laws of France, without regard to conflict of laws principles. The courts of Paris shall have exclusive jurisdiction over any dispute arising out of or in connection with these Developer Terms, without prejudice to Brevo’s right to seek injunctive relief in any competent jurisdiction.
14.4. Relationship of the Parties. Brevo and Developer are independent contractors. These Developer Terms do not create a partnership, joint venture, agency, or franchise relationship between the parties.
14.5. Assignment. Developer may not assign or transfer these Developer Terms, in whole or in part, without Brevo’s prior written consent. Brevo may assign or transfer these Developer Terms without Developer’s consent, including in connection with a merger, reorganization, or sale of assets.
14.6. Severability. If any provision of these Developer Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid provision that most closely reflects the intent of the original.
14.7. No Waiver. No failure or delay by either party in exercising any right under these Developer Terms shall operate as a waiver of that right.
14.8. Notices. Brevo may give notice to Developer via the email address or other contact information associated with Developer’s Brevo Account, or by posting within the Developer Tools. Notices to Brevo must be sent to support@brevo.com.
14.9. Entire Agreement. These Developer Terms, together with the documents incorporated by reference under Section 3, constitute the entire agreement between Brevo and Developer regarding the Developer Tools and Distributable Apps, and supersede all prior agreements or communications on that subject matter.
14.10. No Third-Party Beneficiaries. Except as expressly stated, nothing in these Developer Terms confers any right or remedy on any person other than Brevo and Developer.