API Terms of Use
1. INTRODUCTION
BluBØX Security, Inc. is making available to its customers, dealers, end users and development partners (hereinafter "the User") its proprietary BluBØX Application Programming Interface (“API”) along with related content and materials provided herein (“API Content”) for use with or without BluBØX's proprietary OnAir® product.
2. ACCEPTANCE
PLEASE read these BluBØX API Terms Of Use carefully. User access to and use of BluBØX's API and API content is subject to User acceptance of and agreement to be bound by the following terms and conditions (“Terms of Use”).
3. GENERAL TERMS AND CONDITIONS
'These Terms of Use are in addition to the Terms of Use which govern BluBØX’s website and associated services generally; to the extent of any inconsistency, these Terms of Use will control with respect to BluBØX's API and API content.
4. MODIFICATIONS
BluBØX reserves the right at any time with or without notice to modify or change its API and API content or to discontinue or further restrict or limit, in whole or in part, their use or availability. Moreover, BluBØX specifically reserves the right at any time with or without notice to modify, change or amend these Terms of Use. User's access to and use of the API and API content will hereafter be subject to the most recent version of these Terms of Use posted on BluBØX's website (or the authorized website through which the API and API content is made available to User), as amended from time to time in BluBØX’s sole discretion, and by accessing such website(s) and associated services after any such amendments have been made, User will be deemed to have consented thereto and be bound thereby.
5. RELATED PARTIES
User will cause its employees, agents, affiliates, parents, subsidiaries, and other parties related to it (collectively, “Related Parties”) to comply with and adhere to these Terms of Use.
6. RESTRICTED USE
The access to and use of BluBØX's API and API content is subject to the following restrictions and limitations, and User agrees not to take any action inconsistent therewith:
- Only active and authorized customers, dealers, end users and development partners may use BluBØX's API and API content.
- User will not use, reproduce or download BluBØX's API or API Content in any manner that violates applicable law or infringes on the rights of any third party.
- User are not entitled to nor will User attempt to sell, license, sublicense, convey, assign or transfer BluBØX's API access codes.
- User will not use the 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 the BluBØX API documentation located within https://knowledge.blub0x.com/BluSKY/API as determined by BluBØX in its sole discretion.
- Upon the written request of BluBØX, User will immediately cease use of BluBØX's API and API Content and destroy all copies thereof that User may have in User's possession.
- BluBØX reserves the right to limit transaction rates through the API, and to change such limits and/or impose additional surcharges above BluBØX's base service fees for usage that is, at BluBØX’s sole discretion, deemed to be excessive.
- BluBØX reserves the right to terminate (and User agree to take all steps necessary to terminate) any unauthorized integrations using this API without specific consent of BluBØX. User will ensure that the use or display of API Content does not suggest that BluBØX promotes or endorses User or any third party or cause, ideas, websites, products or services of User or any third party.
- User will create only a single API key per application and said key must accompany all web services requests coming from the application. User can sign up for an API at http://developer.BLUBØX.com/apps/register. User must provide accurate identification, contact, and other information required as part of the registration process. User WILL NOT create any script or other automated tool that attempts to create multiple API keys.
- Use of the API for commercial purposes is subject to BluBØX’s approval and certification of User's integration.
- User will not include rel=”nofollow” when rendering hyperlinked data returned by the API.
- Do not change, alter or modify in any way the BluBØX brands or products logos – including colors, language, appearance, or animations.
- Do not use the BluBØX brands or product logos to suggest BluBØX is responsible for User's application and/or web site’s content, design, language, or topic. We provide data for User to use as raw material; it is not an endorsement of User site.
7. INTELLECTUAL PROPERTY RIGHTS
User acknowledge and agree that, except for the limited, non-exclusive, non-transferable right to use the API and API Content expressly set forth in these Terms of Use (as amended from time to time), User have no right, title or interest in or to the API, API Content or any Intellectual Property Rights associated therewith (as defined below). ALL OTHER RIGHTS ARE SPECIFICALLY RESERVED BY BLUBØX. The term “Intellectual Property Rights” will mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trademark law, unfair competition law, trade secrets law, privacy rights law and any other applicable law which may be in effect from time to time.
8. INDEMNIFICATION
User hereby agree to indemnify, defend and hold BluBØX and its employees, agents, affiliates, parents, subsidiaries and other related parties harmless from any and all claims, losses, damages, liabilities, expenses, costs (reasonable attorneys’ fees and costs) arising from or related to: (i) User's violation or breach of these Terms of Use or (ii) any third-party claim or allegation that the API or API Content infringes the Intellectual Property Rights of such third party, to the extent such claim or allegation is based in whole or in part, directly or indirectly, on User's integration of third-party software or systems with BluBØX's API or API Content.
9. DISCLAIMER OF WARRANTIES
USER'S USE OF BluBØX's API AND API CONTENT IS AT USER'S SOLE RISK. BluBØX's API AND API CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUBØX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL BLUBØX BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS TO USER'S COMPUTER OR INFORMATION SYSTEM ARISING FROM OR RELATED TO BluBØX's API AND API CONTENT.
BLUBØX MAKES NO WARRANTY THAT BluBØX's API AND API CONTENT WILL BE ERROR FREE OR RELIABLE, OR MEET USER'S REQUIREMENTS OR EXPECTATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY User FROM BLUBØX WITH RESPECT TO BluBØX's API OR API CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
10. LIMITATION ON LIABILITY
User EXPRESSLY UNDERSTAND AND AGREE THAT BLUBØX WILL NOT BE LIABLE TO User FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BLUBØX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO THE USE OR THE INABILITY TO USE BluBØX's API AND API CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. CONFIDENTIALITY
User agrees to maintain the confidentiality of the API and API Content. User agree not to: (i) use the API or API Content except as expressly permitted by this Agreement or (ii) disclose the API or API Content to any other person, except for User's authorized employees and agents who need to have access to the API and API Content for the purpose of using the API and API Content on User's behalf in accordance with these Terms of Use; provided that User require such authorized employees and agents to be bound by these Terms of Use to the same extent as if they were parties hereto and User shall be responsible for any breach of these Terms of Use by any such authorized employees and agents. User shall protect the API and API Content using the same degree of care User use to protect User's own confidential and proprietary information, but in no event less than a reasonable degree of care. User shall inform BluBØX promptly of becoming aware or suspecting that the API or API Content has been disclosed or used in violation of these Terms of Use.
12. MISCELLANEOUS
User agree that User's obligations under these Terms of Use and certain other provisions which by their nature are intended to survive termination of User's authorized use of BluBØX's API and API Content, including but not limited to Sections VIII (Indemnification), IX (Disclaimer of Warranties), X (Limitations of Liability), XI (Confidentiality) and XII (Miscellaneous), will continue and survive until the expiration of the applicable statute of limitations. User agree that a breach by User of User's obligations under these Terms of Use would cause irreparable harm to BluBØX, the extent of which would be difficult to ascertain; therefore, BluBØX, in addition to its other remedies, will be entitled to equitable relief including specific performance and/or injunctive relief without the need to post bond or prove actual damages. These Terms of Use constitute the entire arrangement and understanding between the parties and supersede all prior agreements relating to the subject matter hereof, whether written or verbal. User acknowledges and agree that in entering into this agreement User has not relied on any representation or warranty not expressly set forth herein. If any provision of these Terms of Use is found by a court of competent jurisdiction or by a governmental entity to be invalid, void or unenforceable, then the remainder of the terms contained herein will remain in full force and effect, and will in no way be affected, impaired, or invalidated. These Terms of Use will, in all respects, including all matters of construction, validity and performance, and all disputes arising in connection herewith, will be governed by the laws of the State of Maryland, without regard to any conflicts of law principles which may result in the application of the laws of another jurisdiction. Any suit, action or proceeding arising in connection with these Terms of Use will be brought only in the state or federal courts sitting in the State of Maryland and the parties hereby expressly submit to the exclusive jurisdiction of such courts for the purpose of any such suit, action, or proceeding. User may not assign User's rights or obligations hereunder, either in whole or in part, without the prior written consent of BluBØX, and any attempted assignment in violation hereof will be null and void, and will constitute a material breach of these Terms of Use.
13. TEST EQUIPMENT
Should test equipment be required to complete User's integration, BluBØX will make this equipment available at a discounted cost or on a loaner basis.
14. FEEDBACK
We welcome and encourage User to provide feedback, comments and suggestions for improvements to the API (“Feedback”). User may submit Feedback by emailing us at BluBØXapi@BluBØX.com or through the “Help” section of the BluBØX Site. User acknowledges and agree that all Feedback will be the sole and exclusive property of BluBØX and User hereby assign and agree to assign all rights, title and interest User have in such Feedback to BluBØX together with all Intellectual Property Rights therein.
15. Support
BluBØX has no obligation to provide User with guidance on application development or to provide users with support, software upgrades, enhancements, or modifications to the API. User understands and agrees that User is solely responsible for developing User's application, providing user support for that application and any other technical assistance for User's applications. BluBØX may redirect users and potential users of User's application to the email address on User's account for purposes of answering general application inquiries and support questions.
16.
In addition to the foregoing Terms of Use, the following terms will apply if BluBØX grants User permission to use the API to integrate one of User's products with a BluBØX a product. If User uses the API to integrate one of User's products with a BluBØX product, User acknowledges and agree that User will be bound by these additional terms and User hereby agree to be bound thereby. [API Partner Terms]