Effective on May 31, 2022
1.2 Types of APIs.
1.3 Finding APIs and Placing Orders.
2.1 Order Details.
Your Order will identify the Vendor, your authorized scope of use of the API (such as the platform or number of uses, as applicable) and license or subscription term, as applicable. Once you complete your Order, APILayer will provide with you access to the applicable APIs, including any relevant license or access keys, as described in the APILayer Marketplace Policies.
2.2 Paid APIs.
2.3 Trial Periods.
The APILayer Marketplace may offer free trial periods for APIs. After expiration of the trial period, your credit card will be charged on a monthly basis unless you cancel your subscription by logging on your APILayer account before (i) the end of your trial period or (ii) your next monthly billing charged. In addition, your API key(s) may be revoked or your access to the API(s) may otherwise be restricted if you fail to make the appropriate payment for continued usage past the free trial period, in which case the API will cease to function and you must cease using and delete your copies of the API and any related license or access keys.
3. Use of APIs.
3.1 Vendor Terms.
a) Third Party APIs. Third Party APIs are subject to the third party's Vendor Terms, not the APILayer Terms. By using, ordering, installing or enabling any Third Party API, you are entering into the Vendor Terms directly with the applicable third party Vendor. APILayer is not a party to, or responsible for compliance with, any third party Vendor Terms, and does not guarantee any third party Vendor Terms are adequate for your own needs. Please see Section 4 (Data Collection and Sharing) for additional information about how third party Vendors use your data.
3.2 Support and Maintenance.
Any support and maintenance of Third Party APIs will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. APILayer is not responsible for any support and maintenance for Third Party APIs, and a Vendor's failure to provide any support or maintenance does not entitle you to any refund. If APILayer is the Vendor, it will provide any support and maintenance in accordance with the APILayer Terms.
3.3 Reservation of Rights.
4. Data Collection and Sharing.
4.1 Order Information.
If you order an API through APILayer, APILayer will provide the Vendor with the information you provide in completing the Order, such as your name, company name (if any), addresses (including email address) and phone number.
4.2 Third Party Vendor Use of Data.
If you place an Order for Third Party APIs, you authorize Vendors to access or use certain data in the applicable APILayer services. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third party systems. Any third party Vendor's use of accessed data (whether data in the APILayer services or separately collected from you or your device) is subject to the applicable Vendor Terms. APILayer is not responsible for any access, use, transfer or security of data or information by third party Vendors or by Third Party APIs, or for the security or privacy practices of any third party Vendor or such Vendor's Third Party APIs and third party processors. You are solely responsible for your decision to permit any third party Vendor or Third Party API to access or use data to which you've granted access.
4.3 APILayer Use of APILayer Marketplace Data.
4.4 Analytics and Usage Data.
In addition, you authorize the Vendor and APILayer (if APILayer is not the Vendor) to collect and use technical data and related information (including technical information relating to your device, system, and the API), in non-personally identifiable form, to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the API. Vendor and APILayer (if APILayer is not the Vendor) may each use this information, as long as it is in a form that does not personally identify individual users, to improve their respective products or to provide services or technology to you (including with respect to APILayer, the APILayer Marketplace and APILayer services).
5. Reviews of APIs.
The APILayer Marketplace may allow users to post reviews (e.g., a star rating) of APIs and to post comments on your API's marketplace page or on users' reviews.
5.1 User Names Displayed.
Reviews and comments must be posted under the name and profile of the user submitting the content (as listed in his or her APILayer account). If you do not want your name or other profile information to appear then you should not post reviews or comments on the APILayer Marketplace.
5.2 Rules for Reviews.
All reviews and comments must comply with APILayer's Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
- i. Reviews must be made in good faith after reasonable evaluation of the relevant API;
- ii. Users may post only one review per API, unless the latter review reflects a good-faith rating change based on further evaluation. Any modified reviews will be marked as “edited”;
- iii. You (including anyone acting on your behalf) may not review or comment on your own API, an API owned by a company you work for, or those of competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your API listing;
- iv. A Review must evaluate the API itself and not be an evaluation of the underlying product with which the API integrates or functions; and
- v. Reviews or comments unrelated to the relevant API are prohibited – for example, discussing APILayer's employees, business or stock, or those of other companies, or unrelated products or services.
5.3 APILayer Rights.
APILayer reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the APILayer Marketplace. APILayer does not claim ownership of the content of reviews or comments you post on the APILayer Marketplace. However, you hereby grant APILayer a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicenseable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
6. Your Responsibilities.
6.1 Representations and Warranties of APILayer Customers.
6.2 Compliance with Law and Reservation of Rights.
You must use the APILayer Marketplace and APIs in compliance with all applicable laws.
7. Term and Termination.
7.1 For Cause.
7.2 Discontinuation of Marketplace.
7.3 Effect on APIs.
8. Important Disclaimers and Limitations of Liability.
8.1 Third Party APIs.
8.2 Removal of APIs.
At any time, APILayer may remove an API from the APILayer Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own APIs at any time.
APILayer makes no guarantee that any APIs will work properly with APILayer services or that APIs will continue to work with APILayer services as they change over time. Some APIs rely on hosted or cloud services provided by the Vendor or third parties, and these APIs may not function properly or may become inoperable if those services are discontinued.
8.4 Disclaimer of Warranties.
To the maximum extent permitted by law, APILayer offers the APILayer Marketplace, APILayer APIs and all Third Party APIs “AS IS” and “AS AVAILABLE”, and APILayer hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the APILayer Marketplace or this Agreement. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law.
8.5 Limitations of Liability.
8.6 Basis of Bargain; Failure of Essential Purpose.
8.7 Affiliates and Contractors of APILayer.
9. Dispute Resolution; Governing Law.
9.1 Informal Resolution.
9.2 Governing Law; Jurisdiction.
9.3 Injunctive Relief; Enforcement.
9.4 Exclusion of UN Convention and UCITA.
10.2 Export Laws and Regulations.
You may not use or otherwise export or re-export the APIs except as authorized by United States law and the laws of the jurisdiction in which the API was obtained. In particular, but without limitation, APIs may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Consolidated Sanctions list or the U.S. Department of Commerce's Denied Persons, Entity, or Unverified Lists. By using any API, you represent and warrant that you are not located in any such country or on any such list. You agree not to use or provide the APIs for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.
10.3 No agency.
10.4 Entire Agreement.
10.5 Contact Information.
10.6 Changes to Terms.