Terms

Effective Date: 19 December 2013

The following terms and conditions (“Terms”) govern all use of the services made available by Apidapter, Inc., including the Apidapter platform (the “Service”) and the website at apidapter.com and its subdomains (collectively the “Site”), as of the effective date indicated above.

The Site is owned and operated by Apidapter, Inc. The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Apidapter’s Privacy Policy) and procedures that may be published from time to time on this Site by Apidapter (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not access the Site.

1. Eligibility

In order to use the Service, you must:

  • be at least eighteen (18) years old and able to enter into contracts;
  • complete the sign up process;
  • agree to these Terms; and
  • provide true, complete, and up-to-date contact information.

By using the Service you represent and warrant that you meet all the requirements above and that you won’t use the Service in a way that violates any laws or regulations. Apidapter may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. Term

The term begins when you sign up for the Service and continues as long as you use the Service. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Credentials and Responsibility

If you create an account you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to unauthorized access.

4. Changes

We may change any part of this Agreement at any time by posting revised Terms on our Site and/or by sending an email to the email address of record. The new Terms will be apply to any continued or new use of the Service. Such revised Terms will be posted at least 30 days in advance of their effective date.

5. Closing Your Account

You or Apidapter may terminate this Agreement at any time and for any reason. We may suspend our Service at any time, with or without cause. If we terminate your account without cause we will refund a prorated portion of your monthly prepayment or reimburse you for unused transaction credits. We will not refund or reimburse you if there is cause, like a violation of these Terms. Once terminated we may permanently delete your account and all the data associated with it. If you don’t log in to your account for twelve or more months we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

6. Plans

You may buy monthly transaction credits to use our Service. If you are nearing the exhaustion of your transaction credits before the end of the month, you may receive an email notification. The Service will continue through the end of the month despite the deficit, though you will need to upgrade your plan at the start of the next month to maintain the Service. Transaction credits for accounts roll over and don’t expire. However if you close your account or you remain inactive for more than twelve months and your account is deleted you will lose any remaining credits.

7. Fees

Our prices for plans are posted on our Site. We may change our fees at any time by posting a new pricing structure to our Site and/or sending you an email notification.

8. Payments

For as long as you intend on using the Service you agreed to provide us with a valid credit card from which you authorize us to deduct your monthly charges. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected.

9. Refunds

Refunds are governed by our Refund Policy.

10. Intellectual Property

This Agreement does not transfer any intellectual property. All right, title and interest in and to such property, including marks, graphics and logos will remain solely with their owners. Your use of the Site grants you no right or license to reproduce or otherwise use any Apidapter or third-party trademarks.

11. Privacy

We may use and disclose your information according to our Privacy Policy.

12. Abuse

You may only use the bandwidth of our Service for the purpose of supporting legitimate transactions. We may throttle your interaction with our API at our discretion.

13. Limitation of Liability

To the maximum extent permitted by law you assume full responsibility for any loss that results from your use of the Site and the Services. Apidapter will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

14. Warranties

To the maximum extent permitted by law, we provide the material on the Site and the Service as is. Therefore we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Neither Apidapter nor its suppliers and licensors makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that you use the Site at your own discretion and risk.

15. Indemnity

You agree to indemnify and hold Apidapter, its directors, and its suppliers or licensors harmless from any losses (including attorney fees) with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Apidapter under this agreement during the twelve (12) month period prior to the cause of action. Apidapter shall have no liability for any failure or delay due to matters beyond their reasonable control. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims against you.

16. Assignment

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

17. Jurisdiction

This Agreement will be governed and interpreted in accordance with the laws of the State of California. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in California.

18. Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes, but is not limited to, fire, flood, war, terrorism, acts of hackers, third-party providers, or the intervention of any governmental authority.

19. Survivability

Even if this Agreement expires or is terminated, all terms and conditions of this Agreement that would, by their nature survive, shall so survive.

20. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary and the rest of the Terms will still be valid.

21. Amendments

Given the large nature of the Service, we cannot and will not change these Term for any one individual.

22. Notices

Any official notice should be delivered to us by email at [email protected] or physically at 1555 W Middlefield Rd., Suite 107, Mountain View, CA 94043.

23. Entire Agreement

These Terms and our Privacy Policy make up the entire agreement and supersede all prior agreements, representations, and understandings.


Contact

If you have questions about these Terms, please contact us at [email protected].

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