These Terms of Service are a contract between you and Cyrex Limited T/A API Suite, (referred to in these Terms of Service as "API Suite", "us", "we" or "our"), the provider of the API Suite website and the portal services accessible via the API Suite website or by direct registration (which are collectively referred to in these Terms of Service as the "API Suite Service").
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the API Suite Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
Please note that the Terms of Service may vary from time to time as further set out herein and that your continued use of the API Suite Service following such change constitutes your acceptance of the varied Terms of Service.
1. Your Account
Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
Registration Information. You must provide a valid permanent email address, along with any other information required by API Suite during the registration process. One person or legal entity may not maintain more than one free account.
Password. You are responsible for maintaining the security of your account and password and must not disclose them to anyone as you will be fully responsible for all activities which occur under your username and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to immediately notify API Suite of any unauthorised use of your username and password or any other breach of security or breach of this Agreement of which you become aware.
Restrictions. You may not use the API Suite Service for any illegal or unauthorized purpose. You must not, in the use of the API Suite Service, violate any laws in your jurisdiction, including, among other things, by:
o sending spam;
o using purchased, rented, or third-party lists of email addresses;
o violating our Fair Use Policy, which forms part of these Terms of Service;
o distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
o covering or obscuring any notice, legend, warning or banner contained on the API Suite Service;
o interfering with or circumventing any security feature of the API Suite Service or any feature that restricts or enforces limitations on use of or access to the API Suite Service;
o infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity;
o being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by API Suite in its sole discretion; or
o deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
Marketing Campaigns & Promotions. API Suite may from time to time make campaigns or promotional offers to give incentives to people to become new customers and/or to continue their use of API Suite. Such offer terms and conditions will be published in this knowledge base here.
2. Payment & Refunds
A valid credit card is required for account registration. Paying accounts will be charged according to the plan selected.
For Flat fee plans, the API Suite Service is billed in advance by our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made.
All fees quoted are exclusive of all taxes, levies, or duties imposed by taxing authorities within the European Union and European Economic area. You will be responsible for payment of all taxes, levies, or duties, which apply to the service providers outside of the European Union and European Economic Area. You agree to pay for any taxes that might apply to your use of the API Suite Service or payments made by you in connection with your use of the API Suite Service in this respect, some of which may be added to your monthly payment charge.
If you have a question about charges made to your account, please contact API Suite immediately. If the charges were made in error, API Suite will credit your account for the appropriate amount. API Suite has a zero-tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the API Suite Service.
3. Violation of these Terms of Service
We reserve the right to investigate any violations of any of these Terms of Service. We may involve and cooperate with law enforcement authorities in respect of any users who violate the Terms of Service. You acknowledge that API Suite has no obligation to pre-screen or monitor your access to or use of the API Suite Service or any information, materials or other content provided or made available through the API Suite Service, but has the right to do so. You hereby agree that API Suite may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly cancelling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the "Admin area – general settings" page of your account. The account owner, and in some cases administrators with permission from the account owner, are the only users with access to this page.
Cancellation of your account subscription will not result in the automatic deactivation or deletion of your account, and will not automatically remove all content in your account. Deleted accounts and removed content cannot be recovered or restored from API Suite. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect at the end of a billing cycle and you can access and use your account and the services until the end of this period.
API Suite reserves the right to terminate any free accounts that do not have any activity (logins or app usage) for thirty (30) days.
Without prejudice to API Suite’s other rights in law or equity, API Suite, in its sole discretion, has the right to suspend your access to the API Suite Service and/or terminate your account and our agreement with you where you breach the provisions of this Terms of Service and you shall not thereby be entitled to claim any refund or compensation. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
6. Modifications to the API Suite Site and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the API Suite Service (or any part thereof) with or without notice. However, we will make our best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of API Suite Service plans are subject to change. If API Suite does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months’ notice via email.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the API Suite Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer comply, you must immediately stop using the API Suite Service. Your continued use of the API Suite Service following any revision to this Agreement constitutes your complete acceptance of any such changes. Any new features that augment or enhance the current API Suite Service, including the release of new tools and resources, will be subject to these Terms of Service.
7. Intellectual Property and Content Ownership
We claim no ownership rights over the content submitted or created exclusively by you in your API Suite Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the API Suite Service to you.
Similarly, any reporting data we collect from your use of the API Suite Service remains yours. By using the API Suite Service you agree that we can use this data to provide the API Suite Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide bench-marking, public reports or to otherwise use it to provide the API Suite Service.
API Suite, and the API Suite logos, are trademarks of API Suite and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You acknowledge and agree that you do not acquire any ownership rights in the API Suite Service and that the API suite and/or its licensors shall own all rights in the API Suite Service.
8. Account Access
In some cases, it is necessary for API Suite employees to access your account and content to diagnose a problem. When you contact our support team, you consent and agree to allow API Suite employees to access your account if necessary, to provide support about the problem. If you wish to receive assistance without granting permission to your account, please specify as such in your communication with our support team and those requests will be honoured to the extent possible.
You agree to indemnify and hold API Suite, its, subsidiaries, affiliates, officers, agents, contractors, partners and employees are harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable legal and professional fees, made by any third party due to or arising out of your use of the API Suite Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
The API Suite Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. API Suite is a distributor and not a publisher of the content supplied by third parties; as such, API Suite exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the API Suite Service. Without limiting the foregoing, API Suite specifically disclaims all warranties and representations in any content transmitted on or in connection with the API Suite Service or on sites that may appear as links on the API Suite Service, or in the products provided as a part of, or otherwise in connection with, the API Suite Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by API Suite or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, API Suite does not warrant that the API Suite Service will be uninterrupted, uncorrupted, timely, or error-free.
11. Limitation of Liability
API Suite will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the API Suite Service, whether or not API Suite is advised of the possibility of such damages. You acknowledge and agree that API Suite's maximum aggregate liability to you whether arising for breach of contract, misrepresentation (whether tortuous or statutory), tort (including negligence), breach of statutory duty, warranty, strict liability or any other legal theory howsoever arising, under or in connection with this Agreement will not exceed the amount you have paid API Suite in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to the use of, or inability to use, the API Suite Service under any cause of action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
12. Jurisdiction and Venue
These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Ireland without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts situated in Ireland in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of API Suite. API Suite will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. API Suite operates and controls the API Suite Service from its offices in Ireland, Belgium, Spain and Portugal. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the API Suite Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.