API fair use policy

Effective as of September 16, 2020


1. Background

• This API acceptable use policy sets out the terms that apply when you use, make contact with or interact with our API in any way.
• Who we are and how to contact us
The API is operated by K3 Business Technology Group plc and/or other members of the group of companies controlled (directly or indirectly) by K3 Business Technology Group plc (“We” or ‘the K3 Group”). K3 Business Technology Group plc is registered in England and Wales with company number 02641001 and our registered office at the date of this API policy is at Baltimore House, 50 Kansas Avenue, Manchester, M50 2GL. Each member of the K3 Group is entitled to enforce and benefit from this policy.

2. Acceptance of Terms

• By using our API you accept these terms
By using our API, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our API.
We recommend that you print a copy of these terms for future reference.
• There are other terms that may apply to you
Additional terms, including license terms, may apply to your use of our software and API, including as may be set out in any other agreement with us.
• We may make changes to the terms of this policy
We amend these terms from time to time without notice. Every time you wish to use our API, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date stated at the front of these terms.

3. Fair Use

• For the benefit of all users of our API it is imperative that users adhere to fair and reasonable use of the API to seek to prevent downtime, loss of or corruption or damage to data and/or other errors or technical issues.
• Use of the API must be limited to a reasonable number of concurrent calls (API requests), together with an appropriate wait period for completion of those calls before commencing further calls. We may specify a specific number of call limits from time to time, to which you will be required to adhere.
• In the event that you receive error reports or error codes from use of our API you must immediately notify us, and reduce your usage of the API appropriately.
• Keys: The API may require a key to run or access. You are responsible for and liable for the installation and use of keys and must not copy or share the keys with third parties.

4. Consequences of misuse

• Without prejudice to any other rights we may have, in the event of your failure to adhere to the fair usage set out above, or any other failure to adhere to the terms of this API policy:
• you shall be responsible for and shall indemnify us against all costs, losses, liabilities, damages, claims and expenses suffered or incurred by us or any member of our group, arising directly or indirectly out of or connected to your breach, inlcuding but not limited to any of the aforesaid costs, losses, liabilities, damages, claims and expenses relating to damage to or destruction or corruptuion of data; and
• we shall be entitled (without notice) to suspend, modify, restrict or otherwise limit your use of the API.
• We may monitor your use of the API including to verify compliance with this policy.
• You shall permit us and/or our representatives to perform such audit and/or verification of your use of the API and to inspect and have access to your premises and/or systems or information as reasonably required by us in connection with your use of the API.

5. Prohibited Uses

• You may use our API only for lawful purposes. You may not use our API:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our API;
• except to the extent permitted by law, not to decompile, reverse engineer, disassemble or otherwise derive the source code of any part of the API;
• Not to access without authority, interfere with, damage or disrupt:
• any part of our API;
• any equipment or network on which our API is stored; or
• any software used in the provision of our API.

6. API provision

• We reserve the right (without liability to you or any other person) to modify, amend, alter or otherwise deal in any manner with the API, and we do not guarantee that the API will continue to be available for use.
• We may discontinue or suspend the provision of the API at any time without notice, and at our discretion, without liability to you or any other person.
• To the fullest extent permitted by law, the API is provided and made available “as is”, and express terms of this policy are in lieu of all other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated whether by statute, common law or otherwise, which are hereby excluded.
• We can transfer our rights and obligations under these terms to any third party.
• The terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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