Terms & Conditions.
Last updated December 2023
These terms of service (these “Terms”) apply to the website, the web interface, the API, and other products and services (collectively, the “Service”) provided by APIDNA (“our,” or “we”) via apidna.ai (the “Site” or “Sites”). APIDNA which publishes and owns APIDNA platform is a US company registered in the state of Delaware, US. By registering to use the Service, accessing the Service or providing access to any APIs via the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms. These Terms apply to individuals and entities that provide access to APIs via the Service (“Providers”) and individuals and entities that obtain access to APIs via the Service (“Users”). Unless otherwise specified, “you” refers to both Providers and Users. The “Effective Date” of these Terms is the date you first access the Service. APIDNA reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of APIDNA) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an email, posting a notice on the Site, posting the revised Terms on the Site and revising the date at the top of these Terms, or such other form of notice as determined by APIDNA. Any changes or modifications will be effective 7 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Service.
Privacy
We collect for the operation of APIDNA two types of data: – Users and provider data that is primarily provided at the time of registration and can be modified afterwards. The processing of this data (first name, last name, email, etc.) is subject to the application of the General Data Protection Regulation (GDPR). The GDPR includes in particular the obligation to secure the data collected or to delete them at the request of the user. Users can contact APIDNA for any request in this respect by email : privacy@apidna.ai. – Data from the use of our API: This data is stored for a maximum of 12 months and can be deleted at the request of the customer using our platform. This data is used in particular to improve our services and to offer users the best possible solution.
SERVICE & REGISTRATION
Service
APIDNA API offers a unique API integration platform, focused on integrating service provider API’s, utilizing APIDNA’s proprietary autonomous AI Agent technology. APIDNA grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service subject to the terms and conditions set forth in these Terms. Registration In order to access the Service, Providers and Users must register with APIDNA by completing the registration forms provided via the Site. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the Site (“Registration Data”), (b) maintain the security of your APIDNA account password, (c) maintain and promptly update the Registration Data, and any other information you provide to APIDNA, to keep it accurate, current, and complete and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to APIDNA. You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your APIDNA account or password. You must notify APIDNA immediately if you learn of an unauthorized use of your APIDNA account or password.
API RIGHTS – BETWEEN PROVIDERS AND USERS
APIDNA provides its own API integration platform, focused on an integrating service provider API’s, utilizing APIDNA’s proprietary autonomous AI Agent technology. However, the terms and conditions applicable to the provider APIs (including, the use of the APIs) are between Providers and Users (not APIDNA). This includes especially the use of the collected data. With respect to each API, Users and the API Provider who listed such API via the Service acknowledge and agree that the terms and conditions applicable to the use of and other rights with respect to such API by each such API Consumer are solely between each such API Consumer and such API Provider, and not with APIDNA. Each API Provider (not APIDNA) is responsible for all support and all claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). APIDNA reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice. Providers and Users acknowledge and agree that APIDNA may remove any API or any API Content/Terms at APIDNA’s sole discretion.
USER CONTENT
APIDNA reserves the right, but does not have the obligation, to remove, screen, or edit any content, links, comments or materials posted or stored on the Service, including API Content/Terms (collectively, “User Content”) at any time and for any reason without notice. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Service any User Content that is restricted by these Terms.
RESTRICTIONS
Except as expressly authorized by these Terms, you may not:
modify, disclose, alter, translate, or create derivative works the Service (or any components thereof); license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service (or any components thereof); disassemble, decompile, or reverse engineer the software components of the Service; use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; use the Service to store or transmit any viruses, software routines or other code designed to permit unauthorized access, disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions; copy, frame, or mirror any part or content of the Service; build a competitive product or service, or copy any features or functions of the Service; interfere with or disrupt the integrity or performance of the Service; attempt to gain unauthorized access to the Service or their related systems or networks; remove, alter, or obscure any proprietary notices in or on the Service including copyright notices; cause or permit any third-party to do any of the foregoing; or interfere in any manner with the enjoyment of the Service of any other user.
GENERAL GRAND AND OWNERSHIP
Unless otherwise expressly indicated in these Terms, (a) all user profiles and user contact information, and (b) all information, materials, and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, “APIDNA Materials”) are exclusively owned by APIDNA or are used with permission. You may not use or disclose any of the APIDNA Materials without APIDNA’s express prior written consent. When you post, link, or otherwise make available User Content to the Service, you grant APIDNA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the Site. APIDNA reserves all rights not expressly set forth in these Terms.
COPYRIGHT POLICY
APIDNA users may report content that appears on/via the Site or Service to APIDNA that he/she thinks violates these Terms, and APIDNA may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user.
FEEDBACK
Any suggestions, comments, or other feedback provided by you to APIDNA with respect to the Service or APIDNA (collectively, “Feedback”) will constitute confidential information of APIDNA. APIDNA will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
LINKS
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray APIDNA or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. APIDNA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service or Site. APIDNA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by APIDNA of the corresponding site or any information contained in (or made available via) that site. When you leave the Site, APIDNA’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
THIRD-PARTY ADVERTISING
APIDNA may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. APIDNA is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
TRADEMARKS
APIDNA’s name, trademarks, logos, and any other APIDNA product, service name, or slogan included in the Service are property of APIDNA and may not be copied, imitated, or used (in whole or in part) without APIDNA’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of APIDNA and may not be copied, imitated, or used (in whole or in part) without APIDNA’s prior written consent.
All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by APIDNA and its licensors with such company or an endorsement or approval by such company of APIDNA or its licensors or their respective products or services.
SUSPENSION OR TERMINATION
APIDNA may, at its sole discretion, suspend or terminate your license to access or use the Service at any time and for any reason without notice. You must stop accessing or using the Service immediately if APIDNA suspends or terminates your license to access or use the Service. APIDNA reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Service during suspension or after termination. APIDNA may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Service is suspended and after it is terminated. Except for the license granted to you to access and use the Service and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms. Providers and Users acknowledge and agree that APIDNA may remove any solution description on the catalogue, API or any API Content/Terms at APIDNA’s sole discretion. API Consumer may terminate its subscription plan at any time by selecting Unsubscribe from the applicable plan page. No refunds will be issued.
DISCLAIMER
Your use of the service is at your sole risk. the service is provided on an “as is” and “as available” basis. APIDNA disclaims all warranties and representations (express or implied, oral or written) with respect to these terms, the service, any of the apis provided via the service, any api content/terms, any user content, the site (including any information and content made available via the site and the APIDNA materials), third-party infrastructure (as defined below) and third-party trademarks, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement, and condition of title. To the fullest extent permitted by applicable law, APIDNA does not warrant, and disclaims all liability for (a) the completeness, accuracy, availability, timeliness, security, or Reliability of the service, any of the apis provided via the service, any user content, the site (including any information or content made available via the site), or third-party trademarks; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the service and any api made available via the service; (c) the deletion of, or the failure to store or transmit, any user content and other communications maintained by the service; and (d) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
INDEMNIFICATION
You agree, at your sole expense, to defend, indemnify and hold APIDNA (and its directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) for any death, injury, property damage caused by, arising out of, resulting from, attributable to or in any way incidental to any of your conduct or any actual or alleged breach of any of your obligations under these Terms (including, but not limited to, any actual or alleged breach of any of your representations or warranties as set forth in these Terms).
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, APIDNA will not be liable to you or any third party for any incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever, arising out of or related to these terms, the service, any of the apis provided via the service, any api content/terms, any user content, the site (including any information and content made available via the site and APIDNA materials), third-party infrastructure or third-party trademarks, however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability, or other theory), even if APIDNA has been advised of the possibility of such damages. In no event shall the aggregate liability of APIDNA arising out of or related to these terms, the service, any of the apis provided via the service, any api content/terms, any user content, the site (including any information or content made available via the site), third-party infrastructure or third-party trademarks exceed one hundred U.S. dollars (USD $100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you. APIDNA reserves the right, but does not have the obligation, to review, screen, or monitor any links to any APIs or any API Content/Terms (as defined below) at any time and for any reason without notice.
COMPETENT JURISDICTION
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to New York law. Failing amicable resolution, the dispute will be brought before New York Courts.
MISCELLANEOUS
Independent Contractors Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever. Assignment You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of APIDNA. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. APIDNA may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms. Third-Party Infrastructure Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that APIDNA uses a third-party hosting infrastructure in connection with the Services (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and APIDNA assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure. Electronic Communications By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@APIDNA.com. Severability If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to affect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. Force Majeure APIDNA is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of services provided by any service providers used by APIDNA, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.