Effective: August 29, 2016.
If you are entering into this API TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this API TOS. In that case, the terms “you” or “your” shall also refer to such entity. If you do not have such authority, or if you do not agree with this API TOS, you may not use the Notifuse API. You acknowledge that this API TOS is a contract between you and Notifuse, even though it is electronic and is not physically signed by you and Notifuse, and it governs your use of the Notifuse API.
2.1 Application – Any software application, website, or product you create or service you offer using the Notifuse API (defined below).
2.2 API Documentation – The documentation, data and information that Notifuse provides regarding the use of the Notifuse API through the Developer Site.
2.3 Data – means any data and content uploaded, posted, transmitted or otherwise made available by users via the Services, including messages, files, comments, profile information and anything else entered or uploaded into the Service by a user of the Service.
2.4 Developer Site – Notifuse’s Developer site found at https://notifuse.com/docs.
2.5 Notifuse API or "our API" – The publicly available Notifuse Application Programming Interface (“API”) as well as the related API Documentation.
2.6 Notifuse brand – The Notifuse brand and brand assets, including names, logos, trade names and trademarks.
2.1 Notifuse Service(s) – The “Service(s)” means (a) Notifuse's notification platform and API services and related systems and technologies, as well as the website https://notifuse.com (the “Site”), and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available by or on behalf of Notifuse through any of the foregoing. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not Notifuse designates them as “official integrations” (each a “Non-Notifuse Product”).
As long as you follow this API TOS, Notifuse grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any software application, website, or product, and to integrate the Notifuse APIs with your Application. Your license is subject to the limitations set forth in Section 4.2 through 4.11 and Section 9 below, and you agree that violation of Section 4 will automatically terminate your license to use the Notifuse APIs.
The following identifies limitations on use related to the Notifuse API:
4.1 Reliance on API. Notifuse is still evolving, and we need the flexibility to occasionally make changes to our APIs, including backwards incompatible ones. We will try to give notice of these changes, but you should follow the @notifuse Twitter account for updates. Also, parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviors.
4.2 Applicable laws or agreements. You may not use the Notifuse API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API TOS or Notifuse’s other agreements to which you are subject.
4.3 Scope of acceptable use. You may not use the Notifuse API or any other technology in a manner that accesses or uses any information beyond what Notifuse allows under this API TOS or the Documentation; that changes the Notifuse Service; that breaks or circumvents any of Notifuse’s technical, administrative, process or security measures; that disrupts or degrades the performance of the Notifuse Service or the Notifuse API; or that tests the vulnerability of Notifuse’s systems or networks.
4.4 Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
4.5 Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the Notifuse API or portion thereof;
4.6 Functionality. You may not use the Notifuse API to replicate or compete with core products or services offered by Notifuse. You acknowledge and agree that Notifuse has or may in the future offer products or services that are similar to your Application, and nothing will prevent Notifuse from doing so;
4.7 Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the Notifuse API.
4.8 Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of Notifuse API, or otherwise use the Notifuse API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this API TOS or the Documentation.
4.9 Use for promotion of gambling or adult content. You may not use the Notifuse APIs in any Application that includes adult content, promotes gambling, involves the sale of tobacco or alcohol to persons under 21 years of age, or otherwise violates any applicable law or regulation.
4.10 Distribution of your application. You may not distribute or allow access to the Notifuse APIs to anyone other than, if applicable, the company on whose behalf you entered into this API TOS. Anyone who wants to access our APIs must agree to be bound by this API TOS.
You must not use the Notifuse Brand in a way that suggests your service is endorsed by, sponsored by, or associated with Notifuse.
7.1 Protections. The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Application and store Data. Your Application must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
7.2 Reporting. You must promptly report any security deficiencies in, or intrusions to, your Systems to Notifuse in writing via email to email@example.com or subsequent contact information posted on the Developer Site. This includes any unauthorized access, use, disclosure or destruction of Data. You will work with Notifuse to immediately correct any security deficiency, and will immediately disconnect any intrusions or intruder. In the event of any security deficiency or intrusion involving the Application, Notifuse APIs or Data, you will make no public statements regarding such deficiencies or intrusions (e.g., press, blogs, social media, bulletin boards, etc.) without prior written and express permission from Notifuse in each instance.
You will not knowingly:
8.1 Allow or assist any government entities, law enforcement, or other organizations to conduct surveillance or obtain data using your access to the Notifuse API in order to avoid serving legal process directly on Notifuse. Any such use by you for law enforcement purposes is a breach of this API TOS.
8.2 Display, distribute or otherwise make available Data or any Application to any person or entity that you reasonably believe will use Data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), including without limitation Articles 12, 18, or 19. Any law enforcement personnel seeking information about Notifuse users will be referred to Notifuse’s contact form (https://notifuse.com/contact). You will not conduct and your Application will not provide analyses or research that isolates a small group of individuals or any single individual for any unlawful or discriminatory purposes. Exemptions to these restrictions may be requested for exigent circumstances and are subject to prior written approval from Notifuse.
The Notifuse APIs are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Notifuse API by any government entity is prohibited, except as expressly permitted by the terms of this API TOS. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. The contractor/manufacturer is Notifuse, Inc., 28 2nd Street, 3rd floor; San Francisco, CA 94105.
As between you and us, we own all rights, title, and interest, including all intellectual property rights, in and to, the (1) Notifuse APIs, Documentation, and all elements and components thereof; (2) Data; (3) Notifuse Services; and (4) Brand Features (collectively, the “Notifuse Materials”). The only exception to this is Data that you as a Notifuse user have licensed to Notifuse under the https://notifuse.com/terms, which governs that Data. Except for the express licenses granted in this API TOS, Notifuse does not grant you any right, title, or interest in the Notifuse Materials. You agree to take such actions as Notifuse may reasonably request to perfect Notifuse’s rights to the Notifuse Materials.
11.1 Duration of Terms. This API TOS will go into effect on the date upon which you agree to them, by accessing or using the Notifuse API, and will continue until terminated as set forth herein.
11.2 Your Right to Terminate. You may terminate this API TOS by discontinuing use of our APIs.
11.3 Suspension; Termination. We may change, suspend or discontinue the Notifuse API and suspend or terminate your use of the Notifuse API, the Notifuse Service, and/or Notifuse Brand at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application's access to the Notifuse API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
11.4 Effect of Termination. Upon termination of this API TOS:
12.1 Legal Representations. You represent and warrant to Notifuse that, excluding Notifuse Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute your Application, and that use of your Application by Notifuse and its users will not violate the rights of any third party (e.g., copyright, patent, trademark, privacy, publicity or other proprietary right of any person or entity), or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which your Application is made available and any applicable export laws.
12.2 Modification of the API TOS. We may change, add to or delete this API TOS or any portion thereof from time to time in our sole discretion. If we make a material change to this API TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Developer Site. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the Notifuse API. If any change in unacceptable to you, then your only recourse is to cease all use of the Notifuse API. Your continued access or use of the Notifuse API will mean that you agree to the updates and modifications.
12.3 Other Applicable Agreements. You and your Application must also comply with the following, which are hereby incorporated by reference:
12.3.1 Notifuse Terms of Service
In the event of any conflict between the content in this document and the above documents, this document controls your use of the Notifuse APIs.
13.1 NO WARRANTIES. THE NOTIFUSE API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND NOTIFUSE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT NOTIFUSE DOES NOT WARRANT THAT THE NOTIFUSE API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NOTIFUSE API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM NOTIFUSE OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TOS.
13.2 LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOTIFUSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED ($500) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, NOTIFUSE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13.3 Indemnity. You agree to defend, hold harmless and indemnify Notifuse, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, Notifuse API or Data, use of Notifuse Brand, or violation of this API TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
This API TOS and any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California, United States, regardless of your country of origin or where you access the Notifuse Service, and notwithstanding any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Notifuse agree that all Claims arising out of or related to this Agreement must be resolved exclusively in the courts located in the county of San Francisco, California or the U.S. District Court for the Northern District of California. You and Notifuse agree to submit to the personal jurisdiction of the courts located within the county of San Francisco, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts for the purpose of litigating all such Claims. Notwithstanding the above, you agree that Notifuse shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15.1 Severability. If any provision of this API TOS is found to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable to the maximum extent possible in order to effect the intention of the provision; if a term cannot be so modified, it will be severed and the remaining provisions of this API TOS will not be affected in any way.
15.2 Language. Where Notifuse has provided you with a translation of the English language version of this API TOS or any document referenced in this API TOS, you agree that the translation is provided for your convenience only and that the English language versions of any such document, will control.
15.3 Notice and Service of Process. We may notify you via postings on the Developer Site or via the email address associated with your Application or Notifuse Service account. Notifuse accepts service of process by mail or courier at the physical address set forth in Section 15.9 below. Any notices that you provide without compliance with this section shall have no legal effect.
15.4 Entire Agreement. This API TOS and any documents incorporated into this API TOS by reference, constitute the entire agreement between you and Notifuse regarding the Notifuse APIs and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this API TOS.
15.5 No Informal Waivers, Agreements, or Representations. Our failure to act with respect to a breach of this API TOS by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by any Notifuse affiliate shall be deemed legally binding on any Notifuse affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Notifuse.
15.6 Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Developer Site or Notifuse Service or any Notifuse APIs, or other material used or displayed through the Notifuse Developer Site or Notifuse Service.
15.7 Assignment and Delegation. You may not assign or delegate any rights or obligations under this API TOS, including in connection with a change of control. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this API TOs, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Notifuse, Inc. for any third party that assumes our rights and obligations under this API TOS.
15.8 Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
15.9 How to Contact Us. If you have questions or comments about this API TOS, or wish to make use of our Notifuse API in any way not permitted by this API TOS, please contact us via email at firstname.lastname@example.org or by physical mail at:
28 2nd Street, 3rd floor
San Francisco, CA 94105