Overview
In order to create a safe, standardized, and orderly development environment and ensure the legitimate rights and interests of Developers (ISVs) and their Users (Miravia Sellers), this Platform Rules and Penalty Measures (“Platform Rules”) is formulated according to Miravia Open Platform Services Agreement (“Open Platform Services Agreement”) and the Miravia Policies. These Platform Rules apply to all Developers and their Applications on Miravia Open Platform. All capitalised Terms used herein without definition shall have the meanings ascribed to them in the Open Platform Services Agreement.
Platform Rules
1. Dormant Applications and Accounts
1.1. In accordance with Clause 3.11 of the Open Platform Services Agreement, Applications may be limited (i.e. put into Hibernation Mode), suspended or removed if:
(a) an Application is not made available online to Users within 90 consecutive days after its creation or last availability; or
(b) no API calls are made by the Application within a duration of 90 consecutive days, (referred to as a “Dormant Application”).
1.2. In accordance with Clause 3.11 of the Open Platform Services Agreement, an Account may be limited, disabled, suspended, or terminated by Miravia at our sole and absolute discretion without prior notice or liability if:
(a) the Developer has not uploaded any Application within 90 consecutive days after the creation of the Account;
(b) the Account has not passed the verification review by Miravia within 90 consecutive days after the creation of the Account; or
(c) all Applications created by such Account are deemed to be dormant for more than 30 days, (referred to as a “Dormant Account”).
2. API Monitoring
Developers must regularly monitor the API call success rates and make necessary improvement in a timely manner as may be notified by Miravia from time to time.
Miravia reserves the right to take the penalty measures prescribed in Section 4 below if the API call success rate by an Application is deemed to be consistently low, or the response of the Developer is deemed or unsatisfactory by Miravia.
3. Vulnerabilities and Penetration Testing
3.1. Miravia may test your Application from time to time using either manual security testing methods or automated security testing methods in accordance with Clause 8.3 of the Open Platform Services Agreement.
3.2. Miravia may notify you of any Vulnerabilities identified by Miravia, and require you to undertake remedial actions to rectify or mitigate the Vulnerabilities within the following timeline (or such other timeline determined by Miravia), depending on the risk rating for such Vulnerability, which shall be determined by Miravia at its sole discretion:
3.3. Upon such notification, you shall promptly propose to Miravia in writing the remedial actions to rectify or mitigate the vulnerabilities in a manner which is reasonably satisfactory to Miravia. Upon Miravia’s approval (which may be withheld in Miravia’s sole and absolute discretion), you shall complete such rectification or mitigation at your own cost and expense within the relevant timeline as set out in in these Platform Rules or such other timeline as may be determined by Miravia at its sole discretion.
3.4. Without prejudice to any other rights or remedies that the Miravia Group may have under the Open Platform Services Agreement and the Terms of Use, Miravia may take one or more of the measures as set out in the Section 4 below against the Developer or the Application if it becomes aware or reasonably suspects that the Developer is unable to remedy or fix such Vulnerabilities or is otherwise in breach of the data protection requirements.
3.5. Miravia reserves the right to suspend or terminate the Developer’s access to Personal Data immediately if Miravia becomes aware or reasonably suspects that a Data Breach has been suffered by the Developer without liability to the Developer.
4. Penalty Measures
4.1. Developers must comply with the Open Platform Services Agreement, the Miravia Policies, Platform Rules and other terms and conditions that are published by Miravia from time to time on the Platform and/or otherwise communicated to the Developer.
4.2. For the purposes of imposing the following penalty measures, Miravia’s assessment of the Developer’s violation of the Open Platform Services Agreement, Miravia’s Policies and Platform Rules are final, and Miravia may take one or more of the following measures against the Application or Developer depending on the circumstances:
