GuidesAPI ReferenceAPI Terms of Use
Log In
Start typing to search…

API Terms of Use

This IndicaOnline API Terms of Use document (the “API TOU”, “Agreement”) is an agreement you must accept in order to use the IndicaOnline API (as described below). This document describes both your rights and your obligations as part of using the IndicaOnline API. It is important that you read it carefully because you will be legally bound to these terms. IndicaOnline (“IndicaOnline” “we” “us”) only provides the IndicaOnline API to you subject to this API TOU. By accepting this API TOU or by accessing or using the IndicaOnline API, you agree to be bound by this API TOU as well as any referenced policies, guidelines or agreements including without limitation our Privacy Policy and, any documentation relating to your use of the API.

If you are entering into this API TOU on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to this API TOU. In that case, the terms “you” or “your“ shall also refer to such an entity. If you do not have such authority, or if you do not agree with this API TOU, you may not use the IndicaOnline API. You acknowledge that this API TOU is a contract between you and IndicaOnline, even though it is electronic and is not physically signed by you and IndicaOnline, and it governs your use of the IndicaOnline API.

1. Definitions

Capitalized terms shall have the meanings set forth below, or as otherwise defined in the body of this Agreement. Capitalized terms used in this Agreement and not defined have the meaning set forth in the Terms of Service and Subscription Agreement, available here, or such other applicable agreement between Licensee and IndicaOnline relating to its access to and use of the Services (“Subscription Agreement”).

API or IndicaOnline’s API: means the Application Programming Interface (API) made available through the IndicaOnline Developer Portal as well as the related API Documentation.

Application: means the software application, website, interface or any other means you use to access the IndicaOnline API using the API Credentials.

API Credentials: means the credentials that allow you to make authenticated requests to the IndicaOnline API.

Service: means the IndicaOnline hosted commerce platform available via www.indicaonline.com and any associated websites, products or services offered by IndicaOnline.

Developer Portal: means IndicaOnline Developer site found at https://apidocs.indicaonline.com/ made available by us for the purpose of the use of IndicaOnline’s API.

API Documentation: means the operating instructions, user manuals, help files and other documentation, data, and information that IndicaOnline provides regarding the use of the IndicaOnline’s API through the Developer Portal.

Confidential Information: means all non-public information that a party designates, either in writing or orally, as being confidential, or which, under the circumstances of disclosure, should be treated as confidential. Confidential Information may include, but is not limited to the information related to:

  • business policies or practices of a party;
  • customers or suppliers of a party, or
  • information received from others that the disclosing party is obligated to treat as confidential, but does not include information that was known to the receiving party prior to disclosure by the disclosing party, or information that becomes publicly available through no fault of the receiving party.

IndicaOnline API, API Documentation, Developer Account, and Developer Key(s), technical data, or know-how concerning IndicaOnline, including, but not limited to, that which relates to research, products, services, customers, markets, business policies or practices, unreleased software, developments, inventions, processes, designs, drawings, engineering, marketing, reports and audits, business plans or finances, and the existence of on-going discussions between the parties, are notably considered as Confidential Information.

Developer Account: means the account by which the client will have access to the API through IndicaOnline Developer Portal.

Developer Key: means the client’s account password and any API key (client ID and client secret) provided to allow access to our API.

Internal Use: means the use of the API in connection with Licensee’s subscription to a Service for Licensee’s internal business purposes in accordance with the Subscription Agreement and this API TOU..

Intellectual Property Rights: means patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights.

Terms of Use: means IndicaOnline's API Terms of Use/ API TOU. We may also refer to “Agreement”.

Personal Data: means any information relating to an identified or identifiable natural person (“data subject”) which is considered personal data in accordance with applicable laws and regulations related to data privacy and security.

Customer Data: means any data or content uploaded, posted, transmitted or otherwise made available by End Users via the IndicaOnline API, including messages, files, comments, profile information and anything else entered or uploaded into the IndicaOnline by an End User of the IndicaOnline services, through the IndicaOnline API or otherwise.

End User: means an individual or entity that uses the IndicaOnline Services.

IndicaOnline Affiliates: means any company controlled by IndicaOnline or in control of IndicaOnline and identified as the provider of IndicaOnline API.

Territory: means any territory in which IndicaOnline provides access to the API: USA and Canada.

2. API License

As long as you are in compliance with this API TOU, IndicaOnline grants you a limited, non-exclusive, non-assignable, non-transferable, fully-revocable right and license to use and make calls to the IndicaOnline API.

Your license is the subject to the limitations set forth in Sections below, and you agree that violation of the limitations will automatically terminate your license to use our API.

3. Registering and Accessing the API

The API is owned and operated by IndicaOnline.

IndicaOnline's API is provided on an “as is” and “as available” basis. The use of IndicaOnline’s API is at your sole risk. IndicaOnline does not warrant that the API is accurate, complete, reliable, current, or error-free.

The use of and access to the API are at the discretion of IndicaOnline at all times.
Any account may be suspended or terminated at any time for any reason at the sole discretion of IndicaOnline.

IndicaOnline’s API must not be used for illegal, immoral, or criminal purposes.

To the extent permitted by applicable law, reverse engineering of IndicaOnline’s API is strictly prohibited. IndicaOnline reserves the right to correct any defect in the API and undertakes to communicate all necessary information for interoperability purposes.

IndicaOnline may update and change at any time the hereby Terms of Use. We recommend regularly ensuring that you are familiar with the current Terms of Use and are conforming to the most recent version of these terms.

You may not use the APIs and may not accept the Terms if:

  • you are not of legal age to form a binding contract with IndicaOnline; or
  • you are a person barred from using or receiving the API under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the API.

In order to access the API you may be required to provide certain information (such as identification or contact details) as part of the registration process for the API, or as part of your continued use of the API. Any registration information you give to IndicaOnline should always be accurate and up to date and you should inform us promptly of any updates.

4. Use of API and IndicaOnline Data

4.1. Applicable laws or agreements. You may not use the IndicaOnline 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 TOU or IndicaOnline’s other agreements to which you are subject.

4.2. Permitted Access. You will only access (or attempt to access) an API by the means described in the documentation of that API. If IndicaOnline assigns you developer credentials (e.g. client IDs), you must use them with the applicable API. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.

4.3. Scope of acceptable use. You may not use the IndicaOnline API or any other technology in a manner that accesses or uses any information beyond what IndicaOnline allows under this API TOU or the Documentation; that changes the IndicaOnline Service; that breaks or circumvents any of IndicaOnline’s technical, administrative, process or security measures; that disrupts or degrades the performance of the IndicaOnline Service or the IndicaOnline API; or that tests the vulnerability of IndicaOnline’s systems or networks.

You will not:

(i) distribute, sell, lend, transfer, or grant any rights in or to all or any portion of the API or Content to any third party (except for making Content available to end-users and allowing end-users to use your integration of the APIs through the Application);

(ii) create any software that functions substantially the same as the APIs and offer it to third parties;

(iii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the APIs;

(iv) modify, alter, tamper with, repair or otherwise create derivative works of the APIs or Content or attempt to do so;

(v) use the APIs or Content in connection with any spyware, malware, virus, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or another electronic device;

(vi) interfere or attempt to interfere in any manner with the functionality or proper working of the APIs; or

(vii) use the APIs to develop competing products or services.

(viii) you will not buy, sell, share or transfer API keys from, to, or with a third party without our prior written consent.

4.4. API Limitations

IndicaOnline sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain IndicaOnline's express consent (and IndicaOnline may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant IndicaOnline API team for information.

5. Security

Your network, operating system, and the software of your servers, databases, and computer systems must be properly configured to securely operate and store content collected through your application.

You agree that IndicaOnline and its affiliates may monitor any API activity from its own systems to secure, ensure the quality of, and improve IndicaOnline systems, products and services; perform research, and ensure compliance with these Terms of Use and all applicable laws. You will give IndicaOnline reasonable access to your application to monitor compliance with these TOU. You will not interfere with this monitoring and IndicaOnline may use any technical means to overcome such interference.

You must have a process to respond to any vulnerabilities or breaches in your application. If you discover or a third party reports to you any vulnerabilities or breaches related to your connection to the API, you will promptly contact IndicaOnline and provide details of the vulnerability or breach.

6. Data Privacy Protection

You shall comply with the Data Privacy regulation and any applicable law concerning data protection. You shall process Personal Information in compliance with the hereby Terms of Use. You are not allowed to process and use Personal Information obtained through IndicaOnline’s API for other purposes. When using IndicaOnline's API, before accessing a user's Personal Information, you must ensure that you have the express permission of this user to access his Personal Information.

You will not attempt to access Personal Information for which you have not obtained adequate permission.

You remain responsible for the security of data and Personal Information residing on your servers or systems owned or operated by you, or a third party designated by you.
If you make available to end-users of IndicaOnline’s solutions access to any third-party app, it is strictly forbidden to store, capture and reuse authentication data (login/password of IndicaOnline’s account) that you may have access to.

7. Limitation of Liability

EXCEPT FOR LICENSEE’S INDEMNIFICATION OBLIGATIONS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THIS AGREEMENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR FOR ANY TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR ANY OTHER LOSS OR DAMAGES INCURRED BY SUCH PARTY OR THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, THE API OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, INDICAONLINE’S AGGREGATE LIABILITY TO LICENSEE OR ANY THIRD PARTY ARISING OUT THIS AGREEMENT, SHALL IN NO EVENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST EVENT OR OCCURRENCE GIVING RISE TO THE CLAIM.

ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOU BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOU. 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, INDICAONLINE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification

Licensee will indemnify and hold IndicaOnline harmless against any claim brought by a third party against IndicaOnline arising from or related to any breach of an obligation, representation, warranty, covenant or other provision of this Agreement by Licensee or any matter which Licensee has expressly agreed to be responsible pursuant to this Agreement.

9. Term and Termination

Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted to Licensee hereunder. Upon termination of this Agreement for any reason, Licensee shall cease using, and either return to IndicaOnline, or destroy and remove from all computers, hard drives, networks, and other storage media, all copies of any materials licensed pursuant to this Agreement and any Confidential Information in Licensee’s possession, and shall certify to IndicaOnline that such actions have occurred.

10. Assignment; Entire Agreement; Revisions

Licensee may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or Licensee’s rights under this Agreement or delegate performance of Licensee’s duties under this Agreement without IndicaOnline’s prior consent, which consent will not be unreasonably withheld. IndicaOnline may, without Licensee’s consent, assign this Agreement to any Affiliate or in connection with any merger or change of control of IndicaOnline or the sale of all or substantially all of its assets provided that any such successor agrees to fulfill its obligations pursuant to this Agreement. Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

This Agreement, together with any other incorporated agreements or policies, constitutes the entire agreement among the parties with respect to the subject matter of this Agreement. Either party’s failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.

11. Severability

If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

12. Relationship of the Parties

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the parties.

13. Governing Law

This Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in San Francisco County, California. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Services by You, Agents or End Users.