App Developer Terms

HESPERA AI, LLC

Version 1.0 · Effective from 26 September 2026

These App Developer Terms (the "App Terms") govern the submission and publication of Apps within the Hespera service operated by Hespera AI, LLC, a limited liability company organised under the laws of the State of Delaware, United States of America, having its registered office at 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States of America ("Hespera", "we", "us" or "our").

By submitting an App the Developer accepts these App Terms.

1. Definitions and Interpretation

1.1. Definitions. In these App Terms, the following capitalised terms have the meanings set out below:

1.2. Interpretation. In these App Terms: (a) headings are for convenience only and do not affect construction; (b) the singular includes the plural and vice versa; (c) "including" is to be read without limitation; (d) a reference to a period in days means calendar days.

2. Relationship to Other Agreements

2.1. Additional terms. These App Terms are additional to the Terms, which continue to apply to the Developer as a user of the Service.

2.2. Two routes of publication. An App may be submitted to the Library, where it becomes available to every User, or to the Developer's own Workspace only. A Private App is not reviewed by Hespera, and Articles 5, 9 and 10 do not apply to it.

2.3. Precedence. In the event of any conflict between these App Terms and the Terms on a matter concerning Apps, these App Terms prevail.

2.4. Payment. Sums due to the Developer under Article 9 are held and paid under Article 8 of the Partner Terms, which governs the balance, verification, taxation, invoicing and the minimum payout.

3. Execution of Apps

3.1. Content, not rendering. An App produces content; it does not render the page. It receives what the User permits, computes within itself, and returns ordinary objects, which the Service renders. The Developer's code is not executed on Hespera's servers, including upon export of a User's work.

3.2. Isolation. An App is executed within a browser sandbox having no origin of its own and is served from a domain holding no other resource of Hespera. It has no access to a User's session, storage or Workspace otherwise than through the Interface.

3.3. Network. An App may address the network only at the origins declared in its Manifest. That restriction is enforced by the User's browser under a security policy served by Hespera, and not by the undertaking of the Developer. An App declaring no origin cannot address the network at all.

3.4. Amendment of the Interface. Hespera may add to, alter or withdraw from the Interface. Where a change would prevent a published App from functioning, Hespera gives thirty (30) days' notice, save where the change remedies a security defect, in which case Hespera may act immediately.

4. Submission

4.1. Form of submission. An App is submitted as a package of code. Hespera does not accept a reference to code hosted elsewhere.

4.2. The Manifest. Each Version is accompanied by a Manifest stating the name of the App, the identity of the Developer, the permissions requested, and each network origin the App addresses.

4.3. Statement of purpose. Where an origin is declared, the Manifest shall state in one sentence what is sent there and for what purpose. That statement is displayed to the User alongside the identity of the Developer. The statement shall be true, and Article 5.4 applies where it is not.

4.4. Identification of a Version. Hespera computes a cryptographic hash of the code as received. That hash identifies the Version for the purposes of Review, of Article 5.1 and of any subsequent dispute.

5. Review

5.1. Review by Version. Each Version is reviewed before it becomes available in the Library. Approval attaches to the hash of the code reviewed, and neither to the App nor to the Developer. A subsequent Version is reviewed anew.

5.2. Statement of reasons. Hespera may refuse a Version. A refusal is communicated with a reason drawn from a published list. Hespera is under no obligation to publish any App.

5.3. Refusal on receipt. A Version is refused without human review where its code contains a field for a password or a payment card, a mechanism for accepting payment, a navigation of the App's frame away from the App, or a form submitting outside the Service.

5.4. Refusal on review. A Version is refused where the Manifest requests more than the App manifestly requires, where the code cannot be read by reason of compression, obfuscation or retrieval at run time, where the App transmits a User's work to a destination not declared in the Manifest, or where the App holds itself out as forming part of Hespera.

5.5. Review is not certification. Hespera reads the code submitted. Hespera does not audit the Developer's systems and gives no warranty in respect of an App to any person. Article 12 applies.

6. Data

6.1. Access limited to permission. An App receives only that which the User permits, through the Interface, at the time of use. An App receives no credential of a User, no payment detail, and no content the User has not selected.

6.2. Disclosure acknowledged. An App to which a photograph has been supplied has received that photograph, and no measure of isolation reverses that fact. Where an App both reads User content and declares a network origin, the User is so informed, in those terms, before the App is first executed.

6.3. Independent controller. In respect of any User content received by an App and transmitted to a system of the Developer, the Developer acts as an independent controller. The Developer determines its own lawful basis, answers to the persons concerned, and answers to the competent supervisory authorities.

6.4. Restriction of use. The Developer shall not use User content received through an App to train models, to construct profiles, to enrich datasets, or to disclose it to any person, save to the extent strictly necessary to perform the function the App describes and the User requested.

6.5. Retention and erasure. The Developer shall retain User content no longer than that function requires, and shall erase it upon the request of Hespera or of the User within thirty (30) days.

6.6. Notification of incidents. The Developer shall notify Hespera at security@hespera.ai within seventy-two (72) hours of becoming aware of any unauthorised access to, or disclosure of, User content received through the App.

6.7. Record of activity. Hespera records, for each App and each Workspace, the requests made to the Interface and those refused, and retains that record for twelve (12) months. The record is available to the User and to Hespera. It does not contain the content passed through the Interface.

7. The App Key

7.1. Issue. Each App is issued an App Key. The App Key is disclosed to the Developer within the Developer's Partner Profile and to no other person.

7.2. Tokens. Hespera signs with the App Key short-lived Tokens, which the App may transmit to a system of the Developer in order that the Developer may distinguish a genuine execution of the App from a forged request.

7.3. Identifiers. The identifiers of the Workspace and of the person contained in a Token are derived from the App Key and are particular to the App. The same person appears differently to a different App. The Developer shall not attempt to correlate such identifiers across Apps or with data obtained from any other source.

7.4. Custody. The Developer is responsible for the confidentiality of the App Key and may replace it at any time. Replacement takes effect immediately and alters the identifiers described in Article 7.3.

8. Suspension and Removal

8.1. Immediate suspension. Hespera may disable an App in every Workspace simultaneously, and without prior notice, where Hespera considers that it presents a risk to Users, to their data or to the Service. Hespera informs the Developer promptly thereafter and states the reason.

8.2. Removal. Hespera may remove an App where it breaches these App Terms, where it ceases to function, where the Developer ceases to respond, or where the right of a third party is asserted in respect of it.

8.3. Withdrawal by the Developer. The Developer may withdraw an App at any time. Withdrawal prevents further use. It does not oblige Hespera to remove objects already placed by the App in the work of Users, which belong to those Users.

8.4. No compensation. Neither suspension, removal nor withdrawal gives rise of itself to a claim by either party against the other.

9. Price and the Developer's Share

9.1. Hespera as supplier. Where an App is offered for a price, Hespera supplies it to the User in its own name and is the counterparty of the User. The User pays Hespera in Credits. The Developer is entitled to a share, paid in money.

9.2. The Developer's share. The Developer's share is seventy per cent (70%) of the price paid, converted at the rate of one thousand (1,000) Credits to one United States dollar. The share of Hespera is thirty per cent (30%).

9.3. Single acquisition. Access is acquired once per Workspace, upon first use, and does not expire. A Workspace having acquired access is not charged again in respect of a subsequent Version of the same App.

9.4. Price set by the Developer. The price is set by the Developer within the range published within the Service and may be altered at any time. An alteration applies to acquisitions made thereafter; no User is charged again and no User is refunded by reason of an alteration.

9.5. Price requires a partner account. The setting of a price requires an active partner account under the Partner Terms, the sums being paid to the partner balance. Publication free of charge requires no partner account.

9.6. Accrual. The Developer's share is credited to the partner balance upon payment of the acquisition and is paid out in accordance with Article 2.4.

10. Refunds and Reversal

10.1. Refunds policy. Acquisitions of Apps are made in Credits and are governed by section 4 of the Billing and Refunds page published at /refunds and by Article 9 of the Terms.

10.2. Reversal upon refund. Where Hespera refunds a User by reason of an App not performing as described, Hespera may recover the share already credited by setting it off against the partner balance. Where the balance is insufficient, the shortfall is deducted from sums subsequently accrued, in accordance with Article 9.3 of the Partner Terms.

10.3. Refund upon withdrawal or removal. Where an App ceases to be available, whether by withdrawal under Article 8.3 or removal under Article 8.2, Hespera returns the Credits spent to Users who acquired access within the thirty (30) days preceding.

10.4. Who bears a refund under Article 10.3. Where the App ceased to be available for a cause attributable to the Developer — including withdrawal, breach of these App Terms, failure to maintain the App under Article 11.4, or failure to respond — Hespera may recover the shares refunded in the manner described in Article 10.2. Where it ceased to be available for a cause attributable to Hespera — including an amendment of the Interface under Article 3.4 and an error in the Review — Hespera bears the refund and does not recover the share.

10.5. No reversal otherwise. Hespera does not recover a share in respect of an acquisition refunded for a reason unconnected with the App.

11. The Developer's Warranties and Undertakings

11.1. Rights. The Developer warrants that it holds every right necessary to publish the App and that the App infringes no right of any third party, including in respect of fonts, images, models and libraries contained within it.

11.2. Licence granted to Hespera. The Developer grants Hespera a worldwide, non-exclusive, royalty-free licence to store the App, to serve it to Users, and to display its name, description and the identity of the Developer within the Service and in materials concerning the Service. The licence subsists while the App is published and for such period thereafter as is strictly necessary to remove it.

11.3. Ownership and non-exclusivity. The Developer retains ownership of the App. Nothing in these App Terms prevents the Developer from publishing the same App elsewhere upon any terms.

11.4. Maintenance. The Developer shall maintain the App in working order and shall remedy, within a reasonable time of being informed, a defect preventing it from functioning.

11.5. No collection. The Developer shall not collect from a User, within the App, any credential, payment detail, or personal data unrelated to the function the App describes.

11.6. No payment outside the Service. The Developer shall not accept payment for the App, or for anything within it, otherwise than through the Service.

11.7. No holding out. The Developer shall not present the App, or anything within it, as originating from Hespera. An App is displayed to Users as originating from a third party throughout its use.

11.8. Truthfulness. The Developer shall state truthfully, in the Manifest and within the App, its identity and the function of the App.

12. Liability

12.1. No warranty. The Service, the Interface and the Review are provided as they stand. Hespera does not warrant that an App will be approved, that it will remain available, or that it will produce any income.

12.2. Indemnity. The Developer shall indemnify Hespera against any claim brought by a User or by a third party arising out of the App, including claims concerning intellectual property, data protection and consumer law, and against the reasonable costs of defending such a claim.

12.3. Limitation. Neither party is liable to the other for indirect or consequential loss or for loss of profit. The total liability of Hespera to the Developer under these App Terms in any period of twelve (12) months is limited to the sums credited to the Developer in that period.

12.4. Unlimited liability. Nothing in this Article limits liability which cannot be limited at law, including liability for fraud.

13. Status of the Developer

13.1. Independent capacity. The Developer acts as an independent contractor. Nothing in these App Terms creates employment, agency, partnership or joint venture between the parties.

13.2. Own costs and taxes. The Developer bears its own costs of participation and is responsible for its own taxes and for its own compliance with the law of its country.

14. Amendment and Termination

14.1. Amendment. Hespera may amend these App Terms. An amendment affecting the rights or obligations of the Developer takes effect thirty (30) days after notice, given by electronic mail and within the Partner Profile.

14.2. Rejection of an amendment. A Developer who does not accept an amendment may withdraw its Apps before the amendment takes effect. Continued publication thereafter constitutes acceptance.

14.3. Survival. Articles 6, 10, 11.1, 12 and 15 survive termination.

15. Notices and General

15.1. Notices to the Developer. Notices are given by electronic mail to the address recorded on the Developer's account, or by notice within the Service.

15.2. Notices to Hespera. Notices are given to support@hespera.ai.

15.3. Governing law. These App Terms are governed by the law of the State of Delaware, United States of America, without regard to its conflict-of-law rules.

15.4. Jurisdiction. The courts of the State of Delaware have exclusive jurisdiction, save that either party may seek injunctive relief before any competent court.

15.5. Consumers. Where the Developer is a consumer resident in the European Economic Area, the United Kingdom or Switzerland, Articles 15.3 and 15.4 do not deprive the Developer of the protection of the mandatory law of its country of residence.

15.6. Assignment. The Developer may not assign these App Terms without the prior written consent of Hespera. Hespera may assign them to a successor in its business.

15.7. Severability. Where a provision is held invalid, the remainder continues in force.

15.8. Entire agreement. These App Terms, together with the Terms and the Partner Terms, constitute the entire agreement between the parties in respect of Apps.

Annex A. Instruments referred to

1. *Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation)*, in particular Articles 4(7), 26, 28, 33 and 34. Underlies Articles 6.3 to 6.6.

2. *Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act)*, in particular Articles 16, 17 and 20, concerning notice, statement of reasons and complaint. Underlies Articles 5.2 and 8.1.

3. *Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (P2B Regulation)*, in particular Articles 3, 4 and 11, concerning terms, restriction and suspension, and internal complaint handling. Underlies Articles 8 and 14.

4. *Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services*. Underlies Articles 10 and 12.1.

5. *Internal Revenue Code of the United States*, chapter 3 (sections 1441 to 1446), applied through Article 8 of the Partner Terms. Underlies Article 2.4.

16. Company Details

Hespera AI, LLC 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States of America Electronic mail: support@hespera.ai