Developer Agreement

1.1. Age requirement. You must be at least sixteen (16) years of age to create a developer account on Kyper. If you are between 16 and 18, you represent that you have the consent of a parent or legal guardian to enter into this Agreement.

1.2. Invite-only access. Developer access to Kyper is currently available by invitation only. You must possess a valid invite code and submit a developer application through the designated application process at /apply. Possession of an invite code does not guarantee approval.

1.3. Application review. All developer applications are reviewed by the Kyper team. We reserve the right to approve or reject any application at our sole discretion and are not obligated to provide a reason for rejection.

1.4. Acceptance. This Agreement becomes effective when you check the acceptance box during the developer application process and is contingent upon your application being approved by Kyper.

1.5. Legal capacity. You represent that you have the legal authority to enter into this Agreement. If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement.

2.1. Accurate information. You agree to provide accurate, current, and complete information during the application process and to keep your account information updated. Kyper relies on this information for payouts, communications, and tax reporting.

2.2. Account security. You are responsible for maintaining the confidentiality of your account credentials, including your password and API token. You must notify Kyper immediately at [email protected] if you become aware of any unauthorized use of your account. Kyper is not liable for any loss arising from unauthorized access to your account.

2.3. App functionality. You are solely responsible for the functionality, reliability, and quality of the applications you publish on Kyper. This includes ensuring that your app operates as described in its marketplace listing, that it does not contain bugs that could harm end users or their data, and that it complies with all applicable laws and regulations.

2.4. Support. You are responsible for providing reasonable support to consumers who purchase or subscribe to your applications. Kyper is not responsible for providing end-user support for developer applications.

3.1. Build from source. All applications on Kyper are built from source code. You must provide a valid Dockerfile in your project repository. Pre-built Docker images are not accepted. Kyper builds all Docker images from your source code on our dedicated build infrastructure and pushes them to our private container registry. This is a core security requirement of the platform.

3.2. Security scanning. Every app version you submit undergoes an automated security scan using Trivy. The scan results are recorded and visible to the Kyper review team. Critical vulnerabilities may result in your submission being rejected or your app being flagged for remediation.

3.3. Manual code review. In addition to automated scanning, all app submissions are reviewed manually by the Kyper team. This review covers code quality, security practices, adherence to the kyper.yml specification, and compliance with our content policy. Kyper reserves the right to reject any submission for any reason.

3.4. Configuration file. Your app must include a valid kyper.yml configuration file that declares your app's metadata, dependencies, pricing, category, process definitions, and any other required configuration. The full specification is available in the Kyper developer documentation.

3.5. No guaranteed timeline. While we strive to review submissions promptly, Kyper does not guarantee a specific review timeline. You will be notified by email when your submission is approved or rejected.

4.1. Ownership. You retain full intellectual property ownership of your applications, including all source code, assets, trademarks, and related materials. Nothing in this Agreement transfers any ownership rights to Kyper.

4.2. License grant to Kyper. By publishing an application on Kyper, you grant Kyper a non-exclusive, worldwide, royalty-free license to: (a) build, store, and host your application on Kyper infrastructure; (b) distribute your application to consumers through the Kyper marketplace, including making it available for download or hosted deployment; (c) display your application's name, description, screenshots, and other listing materials on the Kyper marketplace, marketing materials, and related communications; and (d) create and maintain backups of your application as necessary for platform operations.

4.3. License to consumers. When a consumer purchases or subscribes to your application, you grant that consumer a license to use the application in accordance with the terms you set and as facilitated by the Kyper platform. For one-time purchases, this is a perpetual license to the purchased version. For subscriptions, this is a license that lasts for the duration of the active subscription.

4.4. Termination of license. The license granted to Kyper in Section 4.2 terminates when you remove your application from the marketplace, subject to Kyper's obligation to honor existing consumer purchases and active subscriptions through their natural conclusion (including any required data export and wind-down periods).

4.5. Third-party code. You represent and warrant that you have all necessary rights and licenses to any third-party code, libraries, or assets included in your application, and that your application does not infringe on the intellectual property rights of any third party.

5.1. Developer-set pricing. You set the price for your application. The minimum price for any paid application is $1.00 USD. You may offer your application as a one-time purchase, a recurring subscription (for hosted deployments), or both. You may update your pricing at any time; price changes apply to new purchases and subscriptions only and do not affect existing arrangements.

5.2. One-time purchase commission. For one-time purchases (source code downloads), Kyper charges a flat commission of fifteen percent (15%) on the gross sale price. This commission is calculated automatically by the platform on each transaction.

5.3. Subscription revenue model. For subscription-based apps, you set a monthly royalty and retain one hundred percent (100%) of it. Kyper adds a separate infrastructure fee on top of your royalty to cover the cost of provisioning and operating each consumer's dedicated cloud instance (compute, storage, networking, and routing). The consumer sees and pays one combined price equal to your royalty plus the infrastructure fee. Kyper's revenue from subscriptions comes from the infrastructure markup, not from your earnings.

5.4. Payment processing fees. Stripe payment processing fees are deducted from the gross transaction amount. For one-time purchases, Stripe fees are deducted in addition to the Kyper commission. For subscriptions, Stripe fees are absorbed into the infrastructure margin and do not reduce your royalty. Stripe fees are set by Stripe and are outside of Kyper's control.

5.5. Fee breakdown examples. One-time purchase: on a $49.00 sale, Stripe processing fee (approximately $1.72), Kyper commission ($7.35, i.e., 15% of $49.00), and developer payout (approximately $39.93). Subscription: if you set a $12.00/month royalty and a consumer subscribes on the Hobby tier, the consumer pays approximately $17.00/month (your $12.00 royalty + $5.00 infrastructure fee) and you receive $12.00/month. Exact amounts vary by tier and dependency configuration.

6.1. Stripe Connect. To receive payouts, you must connect a Stripe Express account through the Kyper developer portal. Kyper uses Stripe Connect to facilitate all developer payouts. You must complete Stripe's identity verification and onboarding process before payouts can be issued.

6.2. Payout schedule. Payouts are calculated and issued on a monthly basis. Payout calculations are run on the 1st of each month for the preceding calendar month's earnings. Transfers are initiated after calculation and are subject to Stripe's standard transfer processing times.

6.3. Minimum payout threshold. A minimum balance of $25.00 USD is required for a payout to be issued. If your accrued balance is below this threshold, it will roll over to the following month. There is no expiration on accrued balances.

6.4. Payout visibility. You can view your payout history, pending earnings, and detailed breakdowns in the developer portal under the Payouts section.

6.5. Taxes. You are solely responsible for determining, reporting, and paying all taxes applicable to your earnings from Kyper, including income taxes, sales taxes, VAT, and any other applicable taxes. Kyper does not withhold taxes on your behalf and does not provide tax advice. Kyper may issue tax reporting documents (such as IRS Form 1099) where required by law.

6.6. Refunds and chargebacks. If a consumer receives a refund or initiates a chargeback on a transaction involving your application, the corresponding developer payout amount will be deducted from your future earnings. Kyper will notify you of refunds and chargebacks as they occur.

7.1. Shared responsibility model. When a consumer subscribes to your hosted application, Kyper deploys and manages the infrastructure on which your app runs. This is a shared responsibility arrangement between you (the developer) and Kyper (the platform).

7.2. Developer responsibilities. You are responsible for:

• Providing a working Dockerfile that builds and runs your application correctly.
• Implementing database migrations and setup via lifecycle hooks (e.g., hooks.on_deploy and hooks.on_update in your kyper.yml).
• Providing a health check endpoint so Kyper can monitor your application's status.
• Declaring required environment variables that consumers must configure before deployment.
• Ensuring your application runs reliably within the allocated resources of the selected deployment tier.
• Testing updates thoroughly before pushing new versions.

7.3. Kyper responsibilities. Kyper is responsible for:

• Provisioning and managing the underlying infrastructure on DigitalOcean (compute, block storage, networking).
• Routing consumer traffic to deployed instances via reverse proxy with automatic SSL/TLS termination.
• Running periodic health checks and alerting consumers and administrators when deployments fail.
• Executing lifecycle hooks during provisioning and updates.
• Performing automatic rollback if an update hook fails, restoring the previous working version.
• Providing consumer data export before any deployment is destroyed.

7.4. No uptime guarantee. While Kyper makes commercially reasonable efforts to maintain high availability, we do not guarantee specific uptime percentages during the current beta period. Kyper is not liable for downtime caused by infrastructure provider outages, developer application bugs, or force majeure events.

8.1. Prohibited content. You may not publish applications that:

• Contain malware, spyware, ransomware, cryptocurrency miners, or any code designed to harm users, their devices, or their data.
• Facilitate illegal activities or violate any applicable local, state, national, or international laws.
• Include code that violates the terms of its license (e.g., using GPL-licensed code in a proprietary application without compliance).
• Collect, transmit, or store user data without clear disclosure and consent.
• Abuse Kyper platform resources, including but not limited to using deployment infrastructure for purposes unrelated to your application (e.g., cryptocurrency mining, spam distribution, proxy services).
• Infringe on the intellectual property rights, trade secrets, or proprietary rights of any third party.
• Contain content that is defamatory, obscene, or promotes violence or discrimination.
• Impersonate other developers, applications, or entities.

8.2. Accurate listings. Your application's marketplace listing, including its title, description, tagline, screenshots, category, and pricing, must accurately represent the application's functionality. Misleading or deceptive listings are prohibited.

8.3. Ongoing compliance. Content policy compliance is not a one-time review. Your application must remain in compliance with this policy for as long as it is listed on Kyper. Kyper may re-review published applications at any time.

9.1. Voluntary removal. You may remove your application from the Kyper marketplace at any time through the developer portal. Removal will delist your app from the marketplace immediately. However, existing consumer purchases remain valid (one-time purchasers retain access to their downloaded version), and active subscription deployments will continue running through a wind-down period to allow consumers to export their data and transition away.

9.2. Kyper-initiated takedown. If Kyper determines that your application violates this Agreement, our content policy, or applicable law, we may initiate a takedown. Except in cases of imminent harm or legal requirement, Kyper will provide you with thirty (30) days' written notice before taking down your application, along with a description of the violation and an opportunity to remedy it.

9.3. Immediate takedown. Kyper reserves the right to immediately remove an application without prior notice if it: (a) contains malware or poses an active security threat; (b) is the subject of a valid legal order or DMCA takedown notice; or (c) causes material harm to consumers, the platform, or third parties.

9.4. Consumer protection on takedown. When an application is taken down, Kyper will: (a) cancel all active subscriptions associated with the application; (b) issue prorated refunds to subscription consumers for the unused portion of their current billing period; (c) provide consumers with a data export of their deployment data before their instances are destroyed; and (d) notify affected consumers by email of the takedown and the actions being taken on their behalf.

9.5. Account termination. Kyper may terminate your developer account entirely for repeated or severe violations of this Agreement. Upon termination, all your applications will be taken down subject to the consumer protection provisions in Section 9.4. Any accrued and unpaid earnings above the minimum payout threshold will be paid out on the next regular payout cycle, unless the earnings are subject to dispute or chargeback.

9.6. Effect of termination. Upon termination of this Agreement, Sections 4.1 (Ownership), 4.3 (License to consumers for completed purchases), 5 (Pricing & Commission, for accrued obligations), 6.5 (Taxes), 6.6 (Refunds and chargebacks), 11 (Liability & Indemnification), and 13 (Contact) shall survive.

10.1. Semantic versioning required. All app versions must follow semantic versioning (MAJOR.MINOR.PATCH). For example: 1.0.0, 1.2.3, 2.0.0. Version numbers are declared in your kyper.yml configuration file and must increment appropriately with each submission.

10.2. Automatic deployment of minor updates. When a new patch or minor version of your application is approved (e.g., 1.0.0 to 1.0.1 or 1.1.0), it will be automatically deployed to all active consumer instances. This means patch and minor updates should be backward-compatible and should not introduce breaking changes.

10.3. Major version consumer opt-in. Major version updates (e.g., 1.x.x to 2.0.0) are not automatically deployed. Consumers are notified of the available upgrade and must explicitly opt in through their deployment dashboard. This protects consumers from breaking changes.

10.4. Update hooks and rollback. If your application defines an hooks.on_update command (e.g., database migrations) and that command fails during an automatic update, Kyper will automatically roll back the deployment to the previous working version. Both you and the affected consumer will be notified by email when a rollback occurs. It is your responsibility to investigate the failure and push a corrected version.

10.5. Version review. Every new version, regardless of whether it is a patch, minor, or major update, goes through the same build, security scan, and review process described in Section 3.

11.1. Developer indemnification. You agree to indemnify, defend, and hold harmless Kyper, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your applications and their use by consumers; (b) your breach of this Agreement; (c) your violation of any applicable law or regulation; (d) any claim that your application infringes the intellectual property rights of a third party; or (e) any dispute between you and a consumer of your application.

11.2. Limitation of liability. To the maximum extent permitted by applicable law, Kyper's total aggregate liability to you for any and all claims arising out of or relating to this Agreement or your use of the platform shall not exceed the total amount of commissions earned by Kyper from your applications during the twelve (12) months immediately preceding the event giving rise to the claim.

11.3. Exclusion of consequential damages. To the maximum extent permitted by applicable law, in no event shall Kyper be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the theory of liability, even if Kyper has been advised of the possibility of such damages.

11.4. Platform provided as-is. During the current beta period, the Kyper platform is provided on an "AS-IS" and "AS-AVAILABLE" basis. Kyper disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Kyper does not warrant that the platform will be uninterrupted, error-free, or free of harmful components.

11.5. Force majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or acts of third parties.

12.1. Right to modify. Kyper reserves the right to modify this Agreement at any time. We will provide you with at least thirty (30) days' written notice of any material changes by sending an email to the address associated with your developer account. The updated Agreement will also be posted on this page with a revised "Last updated" date.

12.2. Acceptance of changes. Your continued use of the Kyper platform as a developer after the thirty-day notice period constitutes your acceptance of the modified Agreement. If you do not agree to the modified terms, you must stop using the developer features of the platform and may remove your applications before the changes take effect.

12.3. Non-material changes. We may make non-material changes to this Agreement (such as correcting typographical errors or clarifying language without changing the substance of any provision) without prior notice. Such changes are effective immediately upon posting.

13.1. Governing law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

13.2. Dispute resolution. Any dispute arising out of or relating to this Agreement shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.4. Entire agreement. This Agreement, together with the Kyper Terms of Service and Privacy Policy, constitutes the entire agreement between you and Kyper regarding your use of the platform as a developer and supersedes all prior agreements and understandings.

13.5. Assignment. You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Kyper. Kyper may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13.6. Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

If you have questions about this Developer Agreement, your developer account, or the Kyper platform, contact us at:

[email protected]

Kyper is operated by The Bitfoot Company.