I. Contractual Relationship; Scope
II. Access to APIs
B. Entity Access.
C. Registration & Credentials.
To access the Deliberr API Services, you may be required to register. After an approved registration, you will be issued certain credentials, which may be required to access the Deliberr APIs. You may not make credentials available to others including by embedding them in open source projects and only you may access the Deliberr API Services with the credentials provided to you. You will not misrepresent or mask your identity or your credentials when accessing or using the Deliberr API Services.
D. Access Revocation.
We reserve the right to revoke your access to the Deliberr API Services without prior notice if we determine your use violates the Terms or is otherwise objectionable as determined in Deliberr’s sole discretion.
III. Use of APIs
A. Your End Users.
Access, implementation, and use of the Deliberr API Services must be in compliance with all applicable law, regulation, third party rights(including, without limitation, laws regarding the import or export of data or software, privacy, and local laws) as well as Deliberr’s instructions. You will only use the Deliberr API Services in connection with legally permissible activities and as described in the Terms.
C. API Limitations.
Deliberr sets and enforces limitations on the use of Deliberr APIs. You will not circumvent, or attempt to circumvent, such limitations as they apply to each Deliberr API or as otherwise set forth in theTerms, except as approved in writing by Deliberr. Deliberr may limit the number or nature of network calls that you or your application may make. Deliberr may change such usage limits at any time with or without notice and may use any means to enforce its usage limitations or prevent overuse of the Deliberr APIs.
D. Open Source.
To facilitate your Deliberr API integration, Deliberr may make certain Software Development Kit(s) (“SDK(s)”) and/or libraries available to you under a separate open source license. You agree that any Deliberr API integration facilitated with such open-source SDK(s) and/or libraries remains subject to the Terms.
E. API Monitoring; Review.
We may monitor your use of the Deliberr API Services for reasons including to improve the Deliberr API Services and identify security issues or ensure compliance with the Terms. We reserve the sole right to determine whether or not your use of the Deliberr API Services is acceptable including the manner in which the Deliberr APIs are integrated into YourProducts (defined below). Deliberr may collect and use usage data and information related to your use of the Deliberr API Services.Deliberr’s review, testing, or approval of your products or services does not constitute any representation or acknowledgment by Deliberr that Your Products and/or any content therein comply with the Terms, any laws, rules, or regulations, nor does it constitute any acceptance by Deliberr of any responsibility or liability in connection such products or services, or any content therein.
If you do not comply with the Terms or if we believe that you have attempted to exceed or circumvent any of the prohibited uses or the additional requirements or limitations described in the Terms, your ability to use the Deliberr API Services may be temporarily or permanently blocked or revoked.
G. Certain Prohibited Uses.
Unless permitted by applicable law or any Supplemental Agreement(s)between you and Deliberr, you will not, and will not direct, encourage, or assist any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Deliberr API Services; (b) modify or make derivative works based upon the Deliberr API Services; (c) improperly use the Deliberr API Services, including creating Internet “links” to any part of the Deliberr API Services, “framing”or “mirroring” any part of the Deliberr API Services on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the Deliberr APIs; (d) reverse engineer, decompile, modify, or disassemble the Deliberr APIServices; (e) send spam or otherwise duplicative or unsolicited messages with the Deliberr APIs; or (f) use the Deliberr APIs to (x) display any offensive content or any content for which you do not have the right to share with Deliberr or to display or (y) distribute unsolicited advertising or promotions, or initiate any other communication or contact with Deliberr users or partners.
In addition, you shall not, and shall not direct, encourage, or assist any other party to, access or use the Deliberr API Services to (i)design or develop a competitive or substantially similar product or service;(ii) copy or extract any features or functionality thereof; (iii) launch or cause to be launched on or in connection with the Deliberr API Services a malicious automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program intended to overburden or hinder the operation and/or performance of the Deliberr API Services; (iv)attempt to gain unauthorized access to the Deliberr API Services or its related systems or networks; (v) include any underlying Deliberr platform or product with competitors in any aggregated view i.e. a webpage, app, software, etc.;(vi) aggregate Deliberr’s data with competitors’ data; or (vii) parse or scrape any of Deliberr’s data; in each case other than as explicitly permitted by Deliberr in writing. You will not share with a third party (or enable a third party to use) any operational, technical, or other data obtained through the use of the Deliberr API Services in any manner that is competitive to Deliberr, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to Deliberr’s products and services.
IV. Ownership; License
Deliberr owns all right, title, and interest, including without limitation, all intellectual property rights and other rights in and to its software applications (including but not limited to the Deliberr APIServices), any intellectual property rights used in connection with the software applications, and other proprietary technology, including any data structures therein, accompanying documentation, and any updates or revisions to the foregoing. All rights not specifically conveyed are retained by Deliberr.
Subject to your compliance with the Terms, Deliberr hereby grants you a limited, revocable, non-exclusive, non-transferable, non-assignable license to access and use the Deliberr API Services for sole purposes of developing, testing, using, and maintaining an integration of your application with the Deliberr API Services.
Deliberr may produce and distribute incidental depictions, including screenshots, video, or other content from your API client, and may use your company or product name in the course of Deliberr’s world wide promotion, marketing, or demonstration of the Deliberr API Services you are using; you hereby grant Deliberr all necessary licenses, on a royalty-free basis, for these purposes.
Subject to the rights granted to Deliberr and limitations herein, you reserve and retain sole and exclusive ownership of all right, title, and interest in to, and under (a) your extensions and applications, and(b) all modifications, corrections, repairs, translations, enhancements, and other derivative works and improvements of your extensions and applications, including all intellectual property rights arising therefrom or relating thereto (collectively, (a) and (b) are “Your Products”), to the extent YourProducts do not infringe any of Deliberr’s intellectual property rights. You are solely responsible for all costs incurred by you in the creation and maintenance of Your Products.
You are solely responsible for selecting all content made available through and contained in Your Products and for ensuring that such content complies with the Terms and any other requirements applicable to such content. You are fully responsible for any information you provide to Deliberr via the Deliberr APIs.
The Deliberr API Services may contain content owned by a third party. This content is the sole responsibility of the third party that makes it available. Additionally, content accessible through Deliberr APIs and Deliberr products may be subject to the intellectual property rights of third parties.
VI. Feedback; Attribution
If you provide feedback or suggestions about Deliberr APIServices, such information may be used for any purpose without obligation to you.
Except where expressly stated, neither party grants the other party any right, title, or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Attributes”) and you will not make any statement regarding your use of the Deliberr API Services which disparages Deliberr or its business partners. The documentation for the Deliberr API you use may include guidelines for providing attribution to Deliberr. You agree to provide any attribution in accordance with the guidelines and as further described in our design guidelines, which may be updated from time to time. You can use these resources but you must not make any changes or modifications to them.
A. Deliberr Data.
Except for third party content described herein, “Deliberr Data” includes all data received from Deliberr through an Deliberr API. Where such data includes non-public content relating to a user, such content must not be exposed to other users or to third parties without proper consent from that user.
B. Personal Information.
If your use of the Deliberr API Services or access to Deliberr Data requires or will likely result in the provision of personal information directly to Deliberr, you agree to adequately inform and obtain all necessary consents and authorizations from the applicable users to provide such personal information to Deliberr and retain written records of such consents.Deliberr will treat personal information obtained from you through your use of Deliberr APIs in accordance with the applicable privacy and data protection laws and its posted privacy notice.
You may be given access to information that is confidential to Deliberr (“Deliberr Confidential Information”), which may include your credentials as well as any materials, communications, or other information that is marked confidential or that would reasonably be considered confidential under the circumstances. You agree to use Deliberr Confidential Information only for the purpose of using the Deliberr API Services in accordance with theTerms, and, unless compelled by a court of applicable jurisdiction (and you gave Deliberr written notice and a reasonable chance to defend its interests prior to such court compelled disclosure), you agree to not disclose any Deliberr Confidential Information to any third party without Deliberr’s prior written consent.
You agree to implement and maintain appropriate technical, physical, and organizational measures to protect Deliberr Data and Deliberr Confidential Information against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure in the same manner that you would protect your own confidential and proprietary information but in no event using less than a reasonable degree of care.Deliberr Confidential Information does not include information that you independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own or any party under your control.
VIII. Term; Termination and Survival
A. Term; Termination.
IX. Relationship of Parties
X. Representations; Indemnification; Disclaimer; Limitation of Liability
You further represent and warrant that (a) you have the right to distribute, or otherwise make available Your Products to your end-users, (b) such products comply with all applicable local, state, federal, and international laws and regulations as well as applicable terms of service and privacy notices and (c) Your Products do not and will not infringe the rights of any third party.
You agree to indemnify and hold Deliberr and its officers, directors, employees, and agents harmless from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with: (a) your use of the Deliberr API Services or information obtained through your use of the Deliberr API Services; (b) your breach or violation of the Terms or (c) your violation of the rights of any third party, including with respect to any third-party content.
XI. Support and Maintenance
Deliberr may provide documentation, functional and technical design documents, and other documents that may be relevant or useful in using Deliberr API Services. Deliberr has no obligation to provide any maintenance, support, or training for set-up or use of any Deliberr API Services.